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HomeMy WebLinkAboutCC RES 91-045 RESOLUTION APPROVING A CONTRACT FOR RECYCLING PICK UP AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID CONTRACT Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 103640 Box: 26 Folder: RES 1991 Document: CC RES 91-045 RESOLUTION APPROVING A CONTRACT FOR RECYCLING PICK UP AND AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE SAID CONTRACT • CITY OF ST. ANTHONY RESOLUTION 91-045 A RESOLUTION APPROVING A CONTRACT FOR RECYCLING PICK UP AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID CONTRACT BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves the Contract for Recycling Pick Up made between the City of St. Anthony and Nitti Disposal for pick up of recyclables from September 1, 1991 to August 31, 1992; and BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor and City Manager to execute said contract on behalf of the City of St. Anthony. Adopted this aq4 day of 3eD4e-m e_r , 1991. Mayor ATTEST: City Clerk Reviewed for administration: C't Manager CONTRACT FOR RECYCLING PICKUP This Contract is made as of September 1, 1991, between the CITY OF ST. ANTHONY, a Minnesota municipal corporation ("City"), and NITTI DISPOSAL, INC., a Minnesota corporation ("Contractor"). City and Contractor agree as follows: 1. SERVICES TO BE PERFORMED 1.1 Contractor shall furnish all of the following containers to the City at a location specified by the City, and shall pickup and dispose of recyclable materials from the containers as follows: (a) One 20-yard rolloff container for glass, having three separation bins for the three colors of glass (green, brown, and clear), to be emptied by Contractor when called by the City. (b) One 20-yard rolloff container for plastics, to be emptied by Contractor when called by the City. (c) One 20-yard rolloff container for aluminum/tin cans only, to be emptied by Contractor when called by the City. (d) A minimum of two rear-loader containers for corrugated cardboard, to be emptied by Contractor on Monday and Thursday every week, or by other arrangement approved by the City, provided pickup is at least twice per week. (e) A minimum of two front-end-loader containers for newspaper, to be emptied by Contractor on Tuesday and Thursday every week, or by other arrangement approved by the City, provided pickup is at least twice per week. 1.2 No claim for extra work furnished by Contractor shall be made by Contractor or allowed by the City nor shall Contractor do any work not covered by this Contract unless such work is ordered in writing by the City. 2. EQUIPMENT AND LABOR 2.1 Contractor's work and labor shall be done in the best and most workmanlike manner and all of Contractor's equipment shall be subject to the • inspection and approval of the City. 2.2 All of Contractor's vehicles, used for the collection of recyclables under this Contract shall be equipped with (i) warning flashers; (ii) a broom and shovel for spills; (iii) Contractor's name and telephone number, visible and prominently displayed at all times on the right and left sides of the vehicle; and (iv) such other equipment as the City may hereafter reasonably require. 2.3 Contractor shall make the pickups of materials with vehicles with closed tops so constructed that their contents will not spill. 2.4 Contractor shall keep all equipment used in the performance of the work in good operating condition and in a clean, sanitary condition. 2.5 Contractor's employees shall handle all containers with reasonable care to avoid damage, and shall immediately clean up and dispose of any contents thereof which may be spilled. 2.6 Contractor will take all precautions necessary to protect the public against injury during Contractor's collection, transporting and disposal of material pursuant to this Contract. • 3. OWNERSHIP OF MATERIALS 3.1 All recyclable materials placed for collection shall be owned by and the responsibility of the City until they are handled by Contractor. Upon handling the recyclable materials by Contractor, the recyclable materials shall become the property and responsibility of Contractor. 4. REPORTING 4.1 Contractor must report the amount and type of recyclable material and where the materials are delivered for recycling. Minnesota Statutes, Section 115A.553 requires counties to ensure that materials are taken to markets for sale or recycling processing centers. Consequently, if Contractor delivers materials to a broker, Contractor must report what end market the broker used. Summaries by brokers and end markets must be provided to the City every month and must be provided no later than 30 days after the end of each month. If materials are stored for a period longer than 30 days by Contractor , the amount of the materials by type and location of storage must be reported to the City. 4.2 Contractor must provide the City with certified weight receipts for the monthly collection of all recyclable materials. Each month's weight receipts must be -2- provided to the City no later than 30 days after the end of each month. If a material �J is not weighed separately when it is delivered for processing, the City must approve the procedure used by Contractor to determine the percentage of each type of recyclable material in relation to the total material collected. To substantiate the accuracy of Contractor's procedure, the City may, at its discretion and at no additional cost to the City, require Contractor to separately weigh each material. 4.3 Contractor shall provide access to the City or any of its duly authorized representatives to review any books, documents, papers, and records of Contractor which are directly pertinent to this Contract for the purpose of making an audit, other examination and preparing excerpts and transcriptions. 5. PAYMENT 5.1 The City will pay Contractor $250.00 per month for each month Contractor performs all services required of it under this Contract, regardless of the number of pickups during that month. Payment for each month will be made within 15 days after the end of that month. 6. INSURANCE 6.1 In order to protect Contractor, as well as the City, under the indemnity provisions of this Contract, Contractor agrees at all times during the term of this Contract to have and keep in force: (1) A single limit or combined limit or excess umbrella commercial general liability insurance policy of an amount of not less than $1,000,000 for property damage arising from one occurrence, $1,000,000 for total bodily injuries and/or damages arising from one occurrence, and $1,000,000 per accident for total personal injuries and/or damages arising from one occurrence. Such policy shall also include contractual liability coverage protecting the City, its officers, agents, and employees by specific endorsement or certificate acknowledging the Contract between Contractor and the City. (2) A single limit or combined limit or excess umbrella automobile liability insurance policy covering owned, nonowned and hired vehicles used regularly in the provision of services under this Contract in an amount of not less than $1,000,000 per accident for property damage, $1,000,000 for death or bodily injury, and/or damage to any one person, and $1,000,000 for total bodily injuries and/or damages arising from any one accident. -3- 6.2 The City shall be named as an additional insured in Contractor's policies for the coverage needed for this Contract. The policies shall provide that the coverage may not be terminated or changed by the insurer except upon 30 days' prior written notice to the City Manager. 6.3 No policy shall contain any provisions for exclusions from liability other than provisions for exclusion from liability forming part of the standard basic unamended and unendorsed form of policy, except that no exclusion will be permitted in any event if it conflicts with a coverage expressly required in this Contract, and in addition, no policy shall contain any exclusion from bodily injury to or sickness, disease, or death of any coverage under the contractual liability endorsement of the liability of Contractor under this Contract. Compliance by Contractor with the foregoing requirements to carry insurance and furnish certificates shall not relieve Contractor from liability assumed under the provisions of this Contract. 7. INDEMNIFICATION 7.1 Contractor agrees to defend, indemnify and hold the City, its officers and employees harmless from any liability, claims, damages, costs, judgments or expenses, including reasonable attorneys' fees, resulting directly or indirectly from an act or omission, including without limitation, professional errors or omissions of Contractor, its agents, employees, or assignees in performance of the services provided by this Contract, and against all loss by reason of the failure of said Contractor to fully perform in any respect, all obligations under this Contract. 7.2 The City shall indemnify Contractor from and against all claims for loss or damage to property, or injury to or death of any person, arising out of the use of Contractor's containers by the City or its residents while such containers are in the City's possession and are not being handled by Contractor. 8. TERM AND TERMINATION 1992. 8.1 The term of this Contract shall be from September 1, 1991 to August 31, 8.2 The City shall have the right to terminate this Contract at any time upon 30 days' prior written notice to Contractor. -4- • 9. DEFAULT 9.1 Failure by Contractor to conform with the provisions of this Contract may result in the termination of this Contract and/or liability to the City for damages. 9.2 In the event of such failures, Contractor agrees to pay, in addition to the actual damages sustained by the City as a result thereof, attorney's fees incurred by the City in pursuing any of its rights under this Contract. 9.3 Upon failure of Contractor to fulfill any of the provisions of the Contract, the City is authorized to hire such a person, or assign City employees and equipment, as may be necessary, to do such work and the cost and expense thereof may be charged and deducted from monies due Contractor, collected from Contractor, or collected by recourse against Contractor's bond. 10. NONDISCRIMINATORY PRACTICES 10.1 Minnesota Statutes, Section 181.59, which prohibits discrimination on account of race, creed, or color in the performance of public contracts, is made a part of this Contract with the same force and effect as if set out herein verbatim. • 11. SUCCESSORS AND ASSIGNS 11.1 Contractor binds itself and its successors and assigns to the City in respect to all covenants of this Contract, except that Contractor shall not subcontract, assign or transfer all or any part of its interest in this Contract nor shall Contractor assign any monies due, or to become due under this Contract, without the City's prior written consent. 12. WHOLE AGREEMENT 12.1 This Contract embodies the entire agreement between the parties including all prior understandings and agreements and may not be modified except in writing by all parties. • -5- Executed as of the day and year first above written. CITY OF ST. ANTHONY B y Mayor By - City Manager N= DISPOSAL, INC. By LT Its • -6-