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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"