339 Agreement With Harold Lemay Enterprises, Inc.CITY OF YELM
RESOLUTION NO. 339
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YELM,
WASHINGTON EXPRESSING THE INTENT OF THE COUNCIL WITH
REGARD TO ENTERING INTO AN AGREEMENT WITH HAROLD LEMAY
ENTERPRISES, INC. FOR THE PURPOSE OF PROVIDING COLLECTION
AND DISPOSAL OF WASTE MATERIALS.
WHEREAS, THIS AGREEMENT to provide for the collection and
disposal of waste materials is entered into this 13th day of
December, 1995, by and between the City of Yelm, a Washington
municipal corporation and Harold LeMay Enterprises, Inc., a
Washington corporation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM,
WASHINGTON, DOES HEREBY RESOLVE
That the Agreement between the City of Yelm and Harold LeMayy ~~~
Enterprises, Inc., identified as Attachment "A" to Resolution 3~~~
is annexed hereto and incorporated as though fully set forth
herein.
RESOLVED, this 13th day of December, 1995.
Kathryn M. Wolf, M yor
ATTEST:
/ , f~ ~ ~ ~ //rnl ~(J
Agn s P. Colo-mbo, City Clerk
Passed and Approved: December 13, 1995
Published: December 21, 1995
ATTACHMENT "A"
TO
RESOLUTION 339
AGREEMENT FOR COLLECTION
AND DISPOSAL OF WASTE MATERIALS
THIS AGREEMENT, made and executed to be effective the 1st day
of January, 1996, by and between the CITY OF YELM, a code city
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, 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 lst day of January, 1996, and
terminating on the 31st day of December, 1998. 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 (1) day of every week, and residential
recycling one (1) 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:
a. All categories of rates will be charged at 100% of UTC
Rates (not including Drop Boxes).
b. Contractor will provide one ( 1) 40 yard container per 200
City residential accounts for annual City clean-up.
c. The City will receive $1000 quarterly for payment of
Yelm's portion of curbside revenue.
5. INDEMNIFICATION AND INSURAN(
pay for all labor, materials and
performance of this Agreement and
liability arising by reason of it
Contractor shall further indemnif
any and all liability resulting
Contractor, its agents or employeE
of this Agreement and shall prom
demands resulting from such acts
performance and shall pay any ad
resulting therefrom prior to any
any such judgement. Contractor
E: Contractor shall properly
equipment required by it in the
shall hold City harmless from any
s failure to make such payments.
and hold the City harmless from
:rom any accidents or conduct of
s, arising out of the performance
tly defend any and all claims or
~r conduct or arising out of such
terse judgement against the City
ction against the City to enforce
hall further obtain and maintain
punlic 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.
Resolution 339, Attachment "A"
. ~ ~ .'. !
6. LEGAL COMPLIANCE: 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.
9. ASSIGNABILITY:
City:
Not permitted.
CITY OF YELM
I t s : ~~,rrrc~
Company:
HAROLD LEMAY ENTER ISE ' INC.
By : - E' ~~
Its : -c~~"~
Resolution 339, Attachment, "A"