07-11-2012 Council Agenda - Laserfiche WebLink

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3. Fuel Surcharge Fee. The Contractor shall be eligible for a fuel surcharge fee beginning January 1, 2012. Said fee shall be calculated based on Attachment C. The City shall determine the imposition of said fee pursuant to the terms of this agreement and by referencing the Department of Energy's Midwest Average for #2 Diesel Fuel for the week preceding the end of the quarter in question upon notice from the Contractor by the 10th of the month following the completion of a prescribed quarterly period that fuel prices have triggered the imposition of said fee. Once imposed, the City will include this fee in the next billing to residents. The fuel surcharge shall be adjusted on a quarterly basis for the following quarters ending on December 31 ", March 31', June 30th, and September 30°' of each year. Failure to provide proper notice of the application of the fuel surcharge within the prescribed timeframe will negate application of that fee for the City's billing quarter. 4. Additional Collection Services. Charges for pickup of additional items and for additional service shall he made directly to the resident owner by the City 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. Contractor will need to include the charges for additional collection in the monthly bill detail. Charges for additional services shall he billed in the month the service is provided. 5. Unmarketable Recyclables. The Contractor shall receive 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. 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 -17- 18