Resolution No. 632 - Harold Lemay Enterprises Waste CollectionRESOLUTION NO. 632
A RESOLUTION OF THE CITY OF YELM, WASHINGTON, AGREEMENT
FOR COLLECTION AND DISPOSAL OF WASTE MATERIALS
THIS AGREEMENT, made and executed to be effective the 14th day of February,
2023, by and between the CITY OF YELM, a Washington municipal corporation situated
in Thurston County, Washington, hereinafter referred to as "City," and HAROLD LeMAY
ENTERPRISES, INC., hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS, the City desires to engage an independent contractor to perform all
labor and furnish all equipment and materials necessary to regularly collect and dispose of
all solid waste materials, including curbside recyclables, from the existing and future
customers of the City for that service; and,
WHEREAS, Contractor has submitted a proposal to the City and is ready, willing
and able to perform all labor, including bill processing, and to furnish all materials
incidental to the collection and disposal of solid waste from the customers,
NOW, THEREFORE, BE IT RESOLVED, for and in consideration of the
mutual covenants and undertakings herein contained and the mutual benefits to be derived
herefrom, the parties hereto agree as follows:
1. TERM: This Agreement shall run for a term of two (2) years, commencing
with the 14 day of February, 2023, and terminating on the 31 day of December, 2025. Upon
the expiration of the said two-year term, this agreement shall automatically be renewed and
extended for additional terms of two (2) years each for up to 10 renewals or until
termination by either party. Termination without cause may occur at the end of any two (2)
year contractual period, provided that notice of termination is given by Contractor or the
City to the other party not less than 180 days prior to the end of any such contractual period.
2. DEFINITIONS: For the purpose of this Agreement, the Definitions will be
the same as attached to Rural Refuse Tariff.
3. SERVICE: Contractor shall, at its expense, sufficiently perform all labor and
provide all materials (including curbside educational materials and schedules) and
equipment required for the collection and removal of all waste materials/recycling from
customers and shall dispose of the same as provided by law and as set forth herein.
Contractor shall do all work and manner of things necessary to the collection and disposal
of such waste material in a good and workmanlike manner and shall devote such time
thereto as is necessary therefore. Contractor shall establish a definite route through the City
and shall make collections of waste materials at least one (I) day every week, and
residential recycling one (I) day every other week, which collection day or days shall be
approved by the City Council; provided, however, that if such service day shall coincide
with a holiday, collection service shall be provided on the day immediately following such
holiday. Contractor shall, at its expense, repair or replace any and all containers damaged
as a result of its negligent handling thereof.
4. RATES CHARGED FOR SERVICES:
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a. All categories of rates will be charged at 100% of UTC Rates
b. Contractor will provide one (1) 40 -yard container per 200 City residential
accounts for annual City clean up.
c. The City will receive $2,000 annually for payment of Yelm's portion of
curbside recycling revenue, which will be billed by the City in January of each
year.
1) To determine curbside recycling revenue increases, the payback amount
shall be divided by the number of City residential water customers with a
readjustment made when the per customer rate fall below $2.00.
d. The Contractor shall provide refuse collection services to all municipal
buildings and/or sites at no cost to the City.
5. INDEMNIFICATION .AND INSURANCE: Contractor shall properly pay for
all labor, materials and equipment required by it in the performance of this Agreement and
shall hold City harmless from any liability arising by reason of its failure to make such
payments. Contractor shall further indemnify and hold the City harmless from any and all
liability resulting from any accidents or conduct of Contractor, its agents or employees,
arising out of the performance of this Agreement and shall promptly defend any and all
claims or demands resulting from such acts or conduct or arising out of such performance
and shall pay any adverse judgement against the City resulting therefrom prior to any action
against the City to enforce any such judgement. Contractor shall further obtain and
maintain public liability insurance covering all of its operations under the terms of this
Agreement, with policy limits of not less than Five Hundred Thousand Dollars ($500,000)
for death or bodily injury liability and One Hundred Thousand Dollars (100,000) for
property damage liability, and Contractor shall supply proof of such insurance to the City
within ten (10) days after the commencement of each term of this Agreement.
6. LEGAL COMPL_.IANC'E: Contractor shall comply with all laws,
ordinances, rules and regulations of the United States, the State of Washington, Thurston
County and the City of Yelm which relate to the performance of this Agreement, the use
of private and public premises and the safety of persons and property. Contractor shall
further obtain and maintain, at its expense, all permits and licenses required by state and
federal law during the existence of this Agreement.
7. STREET USE RESTRICTION: In the event that the use of any of the
streets within City is temporarily restricted to vehicles of certain limited tonnage, such
restriction shall be observed by Contractor and Contractor shall use its best efforts to
continue the performance of its undertakings set forth in this Agreement by the use of
lighter equipment or other means available to it, but shall be excused from such
performance during the existence of any such restriction if performance is not reasonably
possible. City shall timely notify Contractor, in writing, of the placement and subsequent
removal of any such restrictions.
8. FINANCIAL RESPONSIBILITY: The Contractor shall through the life of
this contract meet all fiscal responsibilities required by the Washington Utilities and
Transportation Commission, for a refuse franchise.
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9. ASSIGNAB_ILITY: Not permitted.
City
CITY OF YELM
By:
i into, Mayor
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Contractor