09-13-2006 Council Agenda - Laserfiche WebLink

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3. Fuel Surcharge Fee. The resident owner shall pay the Contractor one price for a fuel surcharge fee as outlined in Attachment "A" on collection and recycling fees. The cost for the fuel surcharge fee is directly tied to the cost for diesel fuel based on the United States Department of Energy's average price for Midwest No. 2 Diesel applied against the schedule in Attachment C. The fuel surcharge shall be adjusted on a quarterly basis by no later than the 15th of the month following the quarters ending on December 30, March 31st, June 30th, and September 30th of each year. The City is to be provided with appropriate documentation from the Contractor related to any modifications to the monthly billings associated with application of the fuel surcharge. 4. Additional Collection Services. Charges for pickup of additional items and for additional service shall be made directly to the resident owner by the Contractor at the prices stated in Attachment `B" hereto. Said prices shall be subject to change from time to time by the Contractor based on changes in disposal costs and subject to City approval. 5. Unmarketable Recyclables. The Contractor shall received one hundred (100 %) percent of the gross proceeds from the sale of recyclables. In the event the Contractor and the City determine that recyclables cannot be sold or given away, the Contractor shall bear all costs associated with disposal . be sold or given away locally, the residential dwelling unit price shall be adjusted to provide for costs to dispose of thc recyclablcs (including dumping and increased hauling costs) incurred by thc Contractor, if any. V. INSURANCE, BOND & INDEMNIFICATION. The Contractor shall be licensed and bonded as required by Little Canada City Ordinances. The Contractor further agrees to take all precautions to protect the public against injury. The Contractor shall indemnify and hold harmless the City, its officers, agents, representatives, and employees from and against all damages, claims, losses, costs or expenses including reasonable attorneys' fees, which may be asserted against the City, or for which it may be held liable, to the extent resulting from any acts, omissions, or negligence of the Contractor, Contractor's agent or employees while engaged in the performance of this Contract and of damages that may arise by reason of any negligence of the Contractor or the Contractor's agents, or employees while engaged in the performance of this Contract. The Contractor will indemnify the City against all claims, liens, expenses, and claims for liens, for work, tools, machinery, materials, or insurance premiums or equipment or supplies, and against all loss by reason of the failure of the Contractor in any respect to fully perform all obligations of this Contract, including reasonable attorneys' fees. Insurance Limits. During the entire period of the contract, the Contractor shall maintain, at their expense, and file with the City, policies or certificates of Worker's Compensation, Auto Liability, and General Liability insurance. Minimum Liability Insurance coverage requirements are -16- - 1 -