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HomeMy Public PortalAboutORD14255 BILL NO. 2007-78 • SPONSORED BY COUNCILMAN Klindt ORDINANCE.NO. I � AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ALLIED WASTE SERVICES FOR LANDFILL LEACHATE TREATMENT SERVICES. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Allied Waste Services for Landfill Leachate Treatment Services. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. • Passed: A7 Approved• 1 !` _0cJ i Presiding Officer 2�7 Mayor AT EST: AP VED S TO FORM: City CIW City Counselor I b • CONTRACT SERVICES AGREEMENT THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this day of September,2007,by and between the City of Jefferson,Missouri,a municipal corporation(herein "City")and Allied Waste Services.,(herein"Allied"). WHEREAS,Allied has a leachate collection system serving the developed landfill that must be disposed of at an approved facility,and WHEREAS,the City currently charges Allied to discharge leachate in the City's waste water treatment system,and WHEREAS,Allied hauls solid waste from the City's treatment plant and Walnut Street facility,and WHEREAS, upon completion of the City's regional project at Algoa, Allied will install pumping systems to convey leachate to that system for treatment. NOW,THEREFORE,the parties hereto agree as follows: 1.0 SERVICES OF Awed 1.1 Scone of Services: In compliance with all of the terms and conditions of this Agreement,Allied shall provide solid waste pick up and disposal at no charge for an amount not to exceed three (3)roll-on(20 cubic yard)containers per week and three(3)two-yard containers per week from the following • locations: The Wastewater Treatment Plant on Mokane Road, Treatment Operations at Walnut Street, Algoa Wastewater Treatment Facility, Collection Maintenance Facilities at 2320 Hyde Park Road. Allied will consider other services to the City as requested. No hazardous wastes may be disposed of without specific Allied approval. Allied warrants that all work and services set forth in the Scope of Services will be performed in a competent,professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances,resolutions,statutes,rules,and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Allied shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 SERVICES OF CITY 2.1 Scope of Services. For the services rendered pursuant to this Agreement,the City shall receive and treat leachate from Allied at no cost provided required testing is performed on the leachate and all • parameters are within the limits specified in the City's pre-treatment ordinance. City reserves the right to reject or apply reasonable fees for treatment or hauling if parameters are exceeded or excessive. UAContract FileAserviceNid-State Waste\Leachate contract 8-21-07 Allied.wpd 1 • 3.0 COORDINATION OF WORK 3.1 Representative of Allied. The Manager of Allied is hereby designated as being the principal and representative of Allied authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. The City Administrator is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith("Contract Officer"). The City Administrator shall have the right to designate another Contract Officer by providing written notice to Allied. 3.3 Prohibition Against Subcontracting or Assienment. Allied shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law,without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner,mode or means by which Allied,its agents or employees,perform the services required herein, except as otherwise set forth. Allied shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Allied shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 3.5 Indemnification. To the fullest extent permitted by law, the Allied shall indemnify, defend and hold harmless the City,its elected and appointed officials,employees,and agents,from and against all claims,damages,and expenses,including but not limited to attorneys' fees arising out or resulting from the performance of the Work,provided that any such claim,damage, loss or expense attributable to bodily injury, sickness,disease or death or to injury to or destruction of tangible property(other than the Work itself)including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission of the Allied, any Subcontractor,anyone directly or indirectly employed by any of them or anyone for those acts any of them may be liable,regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,abridge,or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph. 4.0 TERM 4.1 Term. This contract shall be in effect from September 1, 2007,through August 31, 2008. With the consent of both parties,the contract may be extended on an annual basis for five (5)additional one(1)year periods. 4.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time,with or without cause,upon thirty(30)days'written notice to the other party. Upon receipt of the notice of termination, the Allied shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City,Allied shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for • any compensation paid in excess of the services rendered. UXontract Fileslservice\Mid-State WasteTeachate contract 8-21-07 Alliedmpd 2 I i 1 • 5.0 MISCELLANEOUS 5.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to Allied,or any successor in interest,in the event of any default or breach by the City or for any amount which may become due to Allied or to its successor,or for breach of any obligation of the terms of this Agreement. 5.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect,in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is,directly or indirectly,interested,in violation of any State statute or regulation. Allied warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 5.3 Notice. Any notice,demand,request,document,consent,approval,or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to City of Jefferson, 320 East McCarty, Jefferson City, Missouri, 65101, marked to the attention of the Contract Officer, and in the case of Allied,to the person at the address designated on the execution page of this Agreement. 5.4 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. • 5.5 InteQxation,Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations,arrangements,agreements and understandings,if any,between the parties,and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 5.6 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 5.7 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 5.8 Attorneys'Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted,whether legal or equitable, shall be • entitled to reasonable attorney's fees,whether or not the matter proceeds to judgment. UAContract ReAserviceVNid-State Waste\Leachate contract 8-21-07 Allied.wpd 3 • 5.9 Corporate Authori ty. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party,(iii)by so executing this Agreement,such party is formally bound to the provisions of this Agreement,and(iv)the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 5.10 Law of Missouri to Govern: This agreement shall be construed according to laws of the State of Missouri. The Company shall comply with all local, state, and federal laws and regulations relating to the performance of the agreement. IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date fast written above. ,;LOFFFERSON ALLIED WASTE SERVICES o Title: ATTEST: City Cl Title: AP OVE A O RM: City o r • UXontract Files\service\Mid-State Waste\Leachate contract 8-21-07 Allied.wpd 4