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HomeMy WebLinkAbout2021-02-16-I06 ASI Contract ExtensionAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 16, 2021 AGENDA ITEM:Consideration of approval of a resolution approving the extension of a Solid Waste Contract with Ankeny Sanitation, Inc. FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The existing Contract between the City of Waukee and Ankeny Sanitation, Inc. (ASI) was approved by City Council on February 16, 2016. The initial term of the contract was for five years and three months, commencing on April 1, 2016 and is scheduled to terminate on June 30, 2021. At the end of the initial term, the Contract may be extended for additional three year periods, at the sole discretion of the City, by giving notice to ASI at least ninety days prior to the expiration of the Contract. Staff are recommending the existing contract be extended for three years per the contract language outlined in Section 2. Term of Contract. This would establish a new contract termination date of June 30, 2024. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: The contract price components would continue to follow the existing contract language under Section 6. Payments and Fees. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Resolution II. City of Waukee, Iowa Contract for Solid Waste Services PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK I6 THE CITY OF WAUKEE, IOWA RESOLUTION 2021- APPROVING EXTENSION OF A SOLID WASTE CONTRACT WITH ANKENY SANITATION, INC. IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, on February 16, 2016, the Waukee City Council approved a Contract with Ankeny Sanitation, Inc., of Ankeny, IA, for Solid Waste and Recycling Services (Resolution #16-061); AND, WHEREAS, Ankeny Sanitation, Inc. will provide the collection, hauling and disposal services for Household Waste, Recyclable Waste, Bulk Waste, Yard Waste, Appliances, Christmas Trees, the Spring Clean-up, Special Events and specified City facilities; AND, WHEREAS, the initial term of the Contract was for five years and three months, commencing on April 1, 2016 and is scheduled to terminate on June 30, 2021. At the end of the initial term, the Contract may be extended for additional three year periods, at the sole discretion of the City, by giving notice to Ankeny Sanitation, Inc. at least ninety days prior to expiration of the Contract; AND, WHEREAS, City staff recommends entering into a three year extension of the Contract with Ankeny Sanitation, Inc. of Ankeny, IA, for the solid waste and recycling collection services; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Contract Extension with Ankeny Sanitation, Inc. [Solid Waste and Recycling Services] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 16th day of February, 2021. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair City of Waukee Contract-Recycling/Waste Collection CITY OF WAUKEE,IOWA CONTRACT FOR SOLID WASTE SERVICES THIS CONTRACT,made by and between the CITY OF WAUKEE,hereinafter referred to as CITY,and ANKENY SANITATION,hereinafter referred to as CONTRACTOR, entered into this first day of April,2016 shall constitute the entire agreement between the parties hereto. In consideration of the mutual promises and covenants contained herein,the CITY and CONTRACTOR hereby agree as follows: 1.DEFINITIONS Appliance Bags Bulk Waste Bundle Cart(s) CITY Collection Items meeting the definition of Appliances as defined pursuant to Iowa Administrative Code 567—Chapter 118,such as Washers,Dryers,Hot Water Heaters, Dishwashers,Stoves,Refrigerators,Freezers,Air Conditioners,Dehumidifiers,and Microwaves. Plastic or paper sacks designed for Household Waste with sufficient wall strength to maintain physical integrity when lifted by top;securely tied at the top for Collection,with a capacity not to exceed thirty (30) gallons and a loaded weight not to exceed fifty (50) pounds. A piece of furniture or waste material &om a residential source with a weight or volume greater than that allowed to be placed in Carts.Bulk Waste does not include Construction and Demolition Debris, Appliances or Hazardous Waste, Yard and garden trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four (4)feet in length or forty (40)pounds in weight. Plastic container(s)with wheels and an attached lid of approximately thirty five (35),sixty five (65),or ninety six (96)gallons. Refers to the City of Waukee,Iowa and will also refer to an appropriate employee or officer of the municipality authorized to act as its agent in handling the pertinent matters of this Contract. Pick-up of Solid Waste from the Residential Units or City Owned or operated facilities. Page 1 City of Waukee Contract-Recycling/Waste Collection Construction and Demolition Debris CONTRACTOR Curbside Service Disposal Hauling Hazardous Waste Household Waste Letter Of Credit Performance Bond Rebate Waste building materials resulting from construction, remodeling,repair,or demolition of a structure. Ankeny Sanitation,the individual,firm,partnership, joint venture,corporation,or association performing Solid Waste Collection and Disposal which is the signatory of the Contract with the CITY. That portion of the right-of-way adjacent to paved or traveled roadways,including alleys. The treatment,utilization,processing,transfer or deposit of Solid Waste. The transportation of Solid Wastes Irom the Cart or Curbside to the Disposal or processing facility as specified by the CITY. Waste regulated under Subtitle C of the United States Resource Conservation and Recovery Act (RCRA),or so defined in Iowa Code section 455B.411. Discarded material meeting the definition of Iowa Administrative Code 567—113.3(455B),including garbage and trash,from households,single and multiple residences,picnic grounds and day-use recreation areas, which is acceptable at the Metro Waste West Landfill and excluding Hazardous Waste,Bulky Waste,Yard Waste,and Construction/Demolition Debris., A written undertaking by a financial institution on behalf of the applicant (the CONTRACTOR)to pay the beneficiary (the CITY)for noncompliance in amounts and under conditions as specified in the Contract. A corporate surety bond that guarantees compensation to the CITY in the event that it must assume the obligations and/or duties of the CONTRACTOR in order to continue the service as may be specified in the Contract. A payment Irom arecycled material processor in any way arising by virtue,directly or indirectly,of the deposit,sale,delivery or relinquishment of Recyclable Waste,or Yard Waste or other matter or material at the,recycled material processor,or other recycled material facility pursuant to this Contract. Page 2 City of Waukee Contract-Recycling/Waste Collection Recyclable Waste Recycling Residential Unit Solid Waste Tipping Fee Yard Waste Materials that are separated from Household Waste for the purpose of Recycling,including paper,glass, plastics,metals,cardboard,boxboard,and all material designated as Recyclable by the CITY. "Recycling"shall have the meaning set forth in Iowa Code 455D.I and means any process by which waste,or materials which would otherwise become waste,are collected,separated,or processed and revised or returned to use in the form of raw materials or products. Single family units,zoned residential and single buildings containing no more than twelve separate or contiguous single family dwelling units that have individual Collection for each unit,or which are billed separately for water or gas service and are zoned residentiaL Residential Units shall specifically not include commercial or industrial establishments. Any aggregate mention of the wastes for which Collection services are provided in this Contract, including Household Waste,Recyclable Waste,Bulky Waste,Yard Waste,etc.;the general term for the Wastes addressed by this Contract. The Disposal prices paid for Household Waste at the designated landfill or transfer station facility where the waste is unloaded.Truck scale tickets shall be provided as the official record and receipt. As defined in Iowa Administrative Code 567—105.1(1) and means vegetative matter such as grass clippings, leaves,garden waste,brush and trees,and any clean wood waste which is necessary as bulking agent and which is free of coatings and preservatives. 2.TERM OF CONTRACT The term of the Contract shall be for five (5)years and three (3)months,commencing on April I,2016 and terminating June 30,2021.Collection services specified in the Contract shall begin July I,2016.At the end of the initial term,the Contract may be extended for additional three (3)year periods,at the sole discretion of the CITY,by giving notice to the CONTRACTOR at least ninety (90)days prior to the expiration of the Contract.This Contract may be terminated in the manner set forth in the contract. Page 3 City of Waukee Contract-Recycling/Waste Collection 3.SCOPE OF CONTRACT CONTRACTOR shall provide the collection,hauling and disposal services for Household Waste,Recyclable Waste,Bulk Waste,Yard Waste,Appliances,Christmas Trees,the Spring Clean-up,Special Events and specified CITY facilities as set forth in this Contract. 3.1.Area To Be Served The CONTRACTOR shall provide Collection to any Residential Unit located within the CITY limits of the City of Waukee,and to the Waukee City Hall,Waukee Public Works Facility,the Waukee Golf Course,the Waukee Public Safety Building and the Waukee Library,and any other City owned facility designated by the City during the term of the contract. 3.2.Independent Contractor The CONTRACTOR shall furnish all personnel,labor,equipment,trucks,and all other items necessary to provide for the Collection,Hauling,and Disposal as provided herein. Any and all employees of CONTRACTOR or other persons engaged in the performance of any work or services required by CONTRACTOR under this Contract shall be considered employees or subcontractors of the CONTRACTOR only and not of the CITY.Nothing contained in this Contract is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties.The CONTRACTOR shall at all times remain an independent Contractor with respect to the services to be performed under this Contract. 3.3.Billing Of Residents The CITY will be responsible for the billing of the residents as provided herein. 3.4.Notification Of Residents The CITY shall inform all residents as to complaint procedures,rates,regulations,and day(s)for scheduled Solid Waste Collection. 4.SERVICES PROVIDED 4.1.Household Waste The CONTRACTOR will be responsible for Collection,Hauling,and Disposal of collected Household Waste.All Household Waste Materials set out shall be picked up at curbside once per week.It is the responsibility of residents to place the Household Waste Cart and/or Household Waste Bags at the curbside or alley before 7:00 a.m.on the designated Collection day. CONTRACTOR shall provide new Household Waste Carts no later than June 23,2016 to each Residential Unit and City Facility. Page 4 City of Waukee Contract-Recycling/Waste Collection 4.2.Recyclin5 The CONTRACTOR will be responsible for Collection,Hauling and Disposal of Recyclable Waste.Recyclable Waste will be placed by the Resident into a ninety six (96)gallon Cart or smaller size Cart (thirty five (35)or sixty four (64)gallon)as requested by the Resident.It is the responsibility of Residents to place the Recycling Carts at the curbside or alley before 7:00 a.m. on the designated Collection day.All Recyclable Waste set out shall be Collected weekly on the same day as Household Waste Collection,and all Recyclable Waste that is Collected shall be Recycled in accordance with Iowa Code. CONTRACTOR shall provide new Recyclable Waste Carts no later than June 23,2016 to each Residential Unit and City Facility. 4.3.Yard Waste The CONTRACTOR will be responsible for Collection,Hauling,and Disposal of collected Yard Waste.Yard Waste shall be collected on designated Collection days during the month of April through and including November of each year.All Yard Waste set out shall be Collected.Residents will put Yard Waste into their own biodegradable or paper Bags or reusable containers and set them at the curb.It is the responsibility of Residents to place the Yard Waste at the curbside or alley before 7:00 a.m.on the designated Collection day.Sticks will be cut to maximum four (4)foot lengths and bundled,with bundles having a maximum weight of forty (40)pounds. 4.4.Bulk Waste The CONTRACTOR shall make available the Collection of one (I)Bulk Waste item from all Residential Units within the CITY one (1)time per week.The CONTRACTOR shall collect one (1)Bulk Waste item per residence per week at no additional charge to the resident or the CITY.It shall be the Resident's responsibility to notify the CONTRACTOR if the Resident desires to have Bulk Waste collected.It shall be the CONTRACTOR's responsibility to make an additional direct charge for any Collection of bulk items in excess of the limit set forth herein pursuant to the terms of the CONTRACTOR's proposal for billing and Collection of Bulk Waste.There will be a $5.00 charge for each Bulk Waste item.The Resident shall have the option of choosing another waste hauler for the Collection of Bulk Waste. 4.5.Appliance PicKup The CONTRACTOR shall make available the Collection,Hauling and Disposal of Appliances from all Residential Units within the city limits.It shall be the Resident's responsibility to schedule pickup and payment with the CONTRACTOR.There will be a $30.00 charge for each Appliance. The Resident shall have the option of choosing another hauler for the Appliance pickup. Page 5 City of Waukee Contract-Recycling/Waste Collection 4.6.Spring Cleanup The CONTRACTOR shall provide labor,equipment and Hauling for the annual spring cleanup as specified by the CITY.Tipping Fees shall be paid by the CITY;all other costs shall be the responsibility of the CONTRACTOR at no additional cost to the CITY. 4.7.Events The CONTRACTOR shall provide Solid Waste Collection services for all CITY-affiliated events (July 4th Celebration,Celebrate Waukee Wauktober Fest,Bacoon Ride and other events designated by the City,as determined by the City in its sole discretion)at no charge to the City. 4.8.Christmas Tree Pickup The CONTRACTOR shall provide Collection,Hauling and Disposal for Christmas tree pickup on occasions at least two days in January as designated by the CITY. 4.9.Disposal Sites The CONTRACTOR shall dispose of all Household Waste and Bulk Waste at the Metro Park West Landfill or such other site as may be designated by the CITY,in its sole discretion.The CONTRACTOR shall Dispose of Recyclable Waste at the Mid America Recycling site at 2742 East Market Street,Des Moines,IA or at another site designated by the CITY.The CONTRACTOR shall Dispose of Yard Waste and Christmas Trees at 1601 Harriet St.,Des Moines,Iowa or at another site designated by the CITY. 5.OPERATIONS AND PERFORMANCE 5.1.Collection Days/Times The CONTRACTOR shall,with the approval of the CITY,determine the day of the week the Collections will take place.Collection of Household Waste,Recyclable Waste and Bulk Waste shall take place on the same day.Yard Waste shall be collected on Mondays, subject only to Holiday schedules.If the CONTRACTOR later desires to change the date of Collection,the CONTRACTOR must first gain approval by the CITY,and subsequently provide each resident sixty (60)days'notice at the CONTRACTOR'S expense.All Collections shall be made during the period of time of 7:00 a.m.through 5:00 p.m.Extending the hours of service to meet this obligation is subject to the CITY's prior approval. 5.2.Holidays The following holidays will be observed as non-Collection days by the CONTRACTOR: +New Year's Day Labor Day +Memorial Day Thanksgiving Fourth of July Christmas Day Page 6 City of Waukee Contract-Recycling/Waste Collection The suspension of Collection service on any holiday in no way relieves the CONTRACTOR of its obligation to provide Collection service at least once a week. Collection shall occur on the next business day if the Collection day is on or after the holiday,with normal Thursday Collection occurring on Friday,normal Friday Collection occurring on Saturday,etc. 5.3.Service To Elderly/Disabled The CONTRACTOR understands that some of the Residential Units to be served under this Contract are occupied by elderly residents and/or disabled residents who have difficulty hauling Household Waste and Recyclable Waste to the curbside as provided herein.The CONTRACTOR agrees that if requested by an elderly or otherwise disabled resident,CONTRACTOR will collect the waste Irom a location adjacent to said resident's dwelling during the regular scheduled pickup.The CONTRACTOR shall do so at no additional charge.Such a request shall be granted in a courteous manner.The CONTRACTOR may request CITY review and approval of a resident's request if the CONTRACTOR deems the request to be an abuse of the definition of elderly or disabled. 5.4.Rejection Of Waste The CONTRACTOR may decline to collect any Cart or Bag not reasonably placed by the curbside or alley,any Carts that a large quantity of liquids,or any Household Waste not properly contained.The CITY may review this decision. If CONTRACTOR declines Collection,the driver shall use the following procedure: 1.CONTRACTOR shall leave the non-targeted materials in the Cart and leave an "education tag"indicating why Collection was declined and the proper method to set out the waste or an alternate location for the resident to dispose of the waste. 2.The driver shall record the address and the CONTRACTOR shall report the address to the CITY in the monthly report due to the CITY. 5.5.Office Hours The CONTRACTOR shall be required to establish and maintain an office with continuous supervision for accepting complaints and resident calls during the hours of 7:00 a.m. through 5:00 p.m.,Central Time,Monday through Friday.There shall also be an answering machine and/or answering service to receive calls during non-business hours. The customer service representatives taking calls shall be familiar with the terms of this contract and resolve complaints and resident calls in a manner consistent with CONTRACTOR'S obligations herein.The CONTRACTOR shall maintain records of all complaints received and the disposition of each complaint and shall furnish copies of those records to the CITY on a monthly basis. Page 7 City of Waukee Contract-Recycling/Waste Collection 5.6.Missed Collection In the event that a regularly scheduled Collection is missed and a complaint is received by either the CITY or the CONTRACTOR,and where no fault can be found on the generator's part,a special Collection of the waste will be required of the CONTRACTOR within four (4)hours.The CITY shall notify the CONTRACTOR of any complaints it receives within one (1)hour of receipt.If notification to CONTRACTOR of a missed Collection is not made before I:00 p.m.the missed Collection shall be collected by 10:00 a.m.on the following business day. 5.7.Severe Weather The CONTRACTOR may postpone Collections due to severe weather."Severe Weather" shall include,but not be limited to,those cases in which snow,sleet,ice or cold temperatures jeopardize the safety of the CONTRACTOR'S staff or result in unsafe driving conditions.If Collections are postponed,the CONTRACTOR shall immediately notify the CITY.The CONTRACTOR will collect all Solid Waste before 4:00 p.m.on the following business day or the following Saturday,whichever is soonest. 5.6.Conduct Of Employees/Contractor CONTRACTOR's personnel shall always act in a professional,courteous manner (e.g.; polite responses to resident questions,controlled handling and placement of any Carts, handling of other's property as if it were their own,etc.),use no abusive or foul language and perform their duties as quietly as possible.CONTRACTOR*s personnel shall make a concerted effort to have at all times a presentable appearance and attitude. 5.9.Vehicles The CONTRACTOR shall provide an adequate number of well-maintained vehicles which are uniformly and clearly marked on both sides with the CONTRACTOR's name,logo and phone number which can be readily seen at a distance of at least one hundred feet (100'). Vehicles shall be leak-proof,durable and of easily cleanable materials.The vehicles shall be maintained in good repair so as to prevent leaking of oil,fuel,coolant,or hydraulic fluid onto CITY streets.Vehicles and equipment shall be cleaned as needed to maintain a neat appearance and prevent offensive odors.A broom and shovel shall be located on each vehicle to clean up spills. 5.10.Clean up Pursuant to Chapter 220,Waukee Municipal Code,if the CONTRACTOR spills,dumps, or drops any materials or wastes during Collection or transport of wastes,including any and all fluids trom vehicles,the CONTRACTOR shall immediately clean up said items. Page 8 City of Waukee Contract-Recycling/Waste Collection 6.PAYMENTS AND FEES 6.1.CONTRACTOR'6 Costs The CONTRACTOR agrees to assume all Tipping Fees,Disposal Fees,license and all other applicable fees,and any costs assessed or caused to be assessed by any Governmental authority in connection with the Collection and Disposal of Solid Wastes applicable in this Contract,and agrees to pay said fees and costs,including any increases thereof in a timely manner as required by the landfill authority or regulatory agency,and to hold the CITY harmless from any liability therefore. In addition,CONTRACTOR shall be responsible for the cost of all equipment, employment,benefit,wage withholding,taxes,regulatory fees/fines,and any and all other costs in any way related to the activities undertaken by CONTRACTOR in fulfilment of its obligations under this contract and hold the City harmless therefrom. 6.2.Contract Price Components In consideration of the CONTRACTOR's services to the CITY,the CITY shall pay the CONTRACTOR a monthly fee per Residential Unit (RU)with the first such monthly period commencing July 1,2016.The Contract price paid to the CONTRACTOR shall have the following components: Household Waste Collection and Hauling: Household Waste Disposal: (96 Gallon Carts) $5.56/RU/month $3.51/RU/month +Recyclable Waste Collection/Processing: (Weekly Service) $4.71/RU/month +Yard Waste Collection/Processing:$1.89/RU/month +Household Waste Cart and Recyclable Waste Cart Ownership and Management Fee:$1.08/RU The number of Residential Units collected shall be determined by the CITY Irom the actual number billed during the previous billing period. 6.3.CiTY Retains Option To Join MWA Programs In the event that the CITY becomes a member of the Metro Waste Authority (MWA), designates a different disposal location,or participates in MWA Recycling and/or Yard Waste programs,as the CITY determines in its sole discretion,those services under this Contract may be eliminated from this Contract,at the option of the CITY,and the monthly fee for the remaining services provided under this Contract shall be reduced according to the component Contract prices. Page 9 City of Waukee Contract-Recycling/Waste Collection In the event a disposal location designated by the CITY is changed,in the CITY's sole discretion,the Contract price components unit prices shall be shall be subject to change to the amount designated in the original proposal submitted by CONTRACTOR prior to entering into this contract,if the site was a component of the proposal submitted by CONTRACTOR.In the event,the CITY in its sole discretion,desires to designate a disposal site that was not contemplated in the original proposal submitted by CONTRACTOR,the parties agree to negotiate a change in the Contract price components unit prices provided in this Contract,and if an agreement cannot be reached between the Parties with 60 days of the CITY providing notice to CONTRACTOR of its desire to change disposal sites,the CONTRACT may be terminated by the CITY on 90 day notice to CONTRACTOR,in the CITY's sole discretion. 6.4.Residential Unit Counts The CONTRACTOR and the CITY agree that they will work together at all times to develop an accurate count of Residential Units and address list of customers.The CITY shall provide the CONTRACTOR an annual Residential Unit count by January 15 of each year and then adjust these counts on a monthly basis as needed for the monthly Contract payment purposes based on changes to the utility billing accounts.The CONTRACTOR shall verify the annual count through an annual field audit of Residential Units with a report back to the CITY by February 15 of each year. The CONTRACTOR will provide service to Residential Units within the City Limits, including any additional Residential Units added through annexation or otherwise as may be determined through changes in monthly utility billing accounts by the CITY.The aforementioned formula for compensation due the CONTRACTOR will provide for greater or less compensation due the CONTRACTOR for servicing more or less Residential Units on a monthly basis. 6.5.Resident Utility Billing The CITY shall submit utility billing statements and collect charges from all Residential Units for service provided by the CONTRACTOR for the regular Solid Waste services provided under the terms of this Contract.Regular services exclude Appliance Collection and Disposal and Collection and Disposal of more than one (1)Bulk Waste item per week at a Resident Unit,which shall be billed by the CONTRACTOR directly to the resident requesting the extra service(s). The CITY's utility billing rates to residents shall be based on the Contract price and component price schedules set forth in the Contract plus an administration fee. 6.6.Payment Schedule The CITY shall remit payment to the CONTRACTOR within fifteen (15)days following the receipt and approval of the CONTRACTOR'S invoice. Page 10 City of Waukee Contract-Recycling/Waste Collection The CONTRACTOR shall be entitled to payment for services rendered irrespective of whether or not the CITY collects from customers for such service. 6.7.Contract Price Adjustments The Contract prices shall apply for the term of this Contract except to the extent modified under paragraphs A and B below. A)The CONTRACTOR may propose to increase the Household Waste Disposal price component if the Solid Waste Tipping Fees at the designated Waste Disposal site are increased during the Contract period.The change proposed by CONTRACTOR in the Household Waste Disposal price component ($/RU/month)shall be directly proportional to the change in the Tipping Fees ($/ton). Such an increase in waste Tipping Fees shall not affect the CONTRACTOR's fees for the Collection and Hauling of Household Waste,the Cart Ownership and Maintenance Fee, the Collection/Processing of Recyclable Waste Fee or Yard Waste Collection/Processing Fee.However,either party may request to renegotiate the Contract price components for Recyclable Waste or Yard Waste if the Disposal costs at these respective facilities change significantly during the term of this Contract. Any such change to the Contract price must be first approved in writing by the CITY before it becomes effective.In the event that the City does not agree to the Contract Price change proposed by CONTRACTOR,the CONTRACTOR may terminate the contract upon 180 days notice to the CITY. B)The City will allow an annual CPI increase on the rates set forth in Section 6.2 of this agreement based on the published Bureau of Labor Statistics "Consumer Price Index for all Urban Consumers,Midwest Region,All Items",or two percent (2'10),whichever is lower.The first period for which a CPI increase pursuant to this paragraph will be allowed is July 1,2017,for the period commencing July 1,2017 through July 1,2018. 6.6.Materials Rebates CONTRACTOR shall pay unto the City an amount equal to the entire Rebate received or accruing to CONTRACTOR for materials collected in the CITY.Said payment shall be paid to the CITY quarterly for any Rebate received or accrued during the preceding quarter throughout the term of this contract or any extension thereof commencing July 1, 2016.The CONTRACTOR shall provide an accounting of all Rebates received or accrued throughout the term of this Contract within 30 days of any such request by the CITY. CONTRACTOR shall act in Good Faith and shall not seek to structure agreements with any individual or entity to conceal or circumvent the payment and accounting of Rebates hereunder.Rebates may be zero or positive;Rebates shall not be negative (i.e.,Rebates shall not accrue as an additional charge to the CITY). Page 11 City of Waukee Contract-Recycling/Waste Collection 7.INDEMNIF ICAITON,INSURANCE,BONDS The CONTRACTOR shall be totally responsible for all equipment owned and operated within the City of Waukee and CONTRACTOR's employees,subcontractors,and agents. 7.1.Indemnity The CONTRACTOR will defend,indemnify and save harmless the CITY,its officers, agents,servants,and employees from and against any and all suits,actions,legal proceedings,claims,demands,damages,liabilities,costs,judgments,expenses,and attorney's fees,and any other costs of defense resulting directly or indirectly Irom an act or omission of the CONTRACTOR,its officers,agents,servants,and employees in the performance of this contract,any environmental liability that is a result of this Contract or by reason of the failure of the CONTRACTOR to fully perform,in any respect,any of its obligations under this Contract.The CONTRACTOR shall not be liable for any suits, actions,legal proceedings,claims,demands,costs,expenses,and attorney's fees arising out of a willful or negligent act or omission of the CITY,its officers,agents,servants,and employees. 7.2.Insurance The CONTRACTOR shall maintain in full force and effect throughout the term of this Contract and throughout any extension or renewal thereof the following types of insurance in at least the limits specified below: A.Workmen's Compensation Statutory Requirement shall be met. B.Commercial General Liability Insurance. CONTRACTOR is required to maintain insurance protecting it from claims for damages for bodily injury and property damage which may arise from operations under the Contract with minimum limits are as follows: $1,000,000 —per occurrence $2,000,000 —annual aggregate $2,000,000 —annual aggregate —Products/Completed Operations The following coverages shall be included: +Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury +Blanket Contractual Liability +Products and Completed Operations Liability C.Business Automobile Liability Insurance. CONTRACTOR is required to maintain insurance protecting it from claims for Page 12 City of Waukee Contract-Recycling/Waste Collection damages for bodily injury and property damage resulting from the ownership, operation,maintenance or use of all vehicles which may arise from operations under this Contract with minimum limits as follows: $1,000,000 —per occurrence combined single limit for bodily injury and property damage In addition,the following coverages should be included: +Owned,hired,and non-owned vehicles. D.Property Damage: +$50,000 each occurrence E.Excess Umbrella Coverage: $5,000,000 each occurrence All insurance will be provided by insurers acceptable to the CITY and authorized to do business in the State of Iowa.Prior to the commencement of work,the CONTRACTOR shall furnish the CITY with certificates of insurance.The certificates of insurance shall name the CITY as an additional insured.Said policies shall not thereafter be cancelled, permitted to expire,or be changed without thirty (30)days advance notice to the CITY. 7.3.Performance Bond Before this Contract can be executed,the CONTRACTOR shall furnish a corporate surety bond or a Letter Of Credit written by an acceptable bank as security for the performance of the Contract.Said bond or Letter of Credit must be in the amount of Five Hundred Thousand Dollars ($500,000). The surety of the bond shall be a duly authorized corporate surety company authorized to do business in the State of Iowa.Attorneys-in-fact who sign Performance Bonds must file with each bond an effectively dated copy of their power of attorney,bearing the seal of the company evidencing such agent's authority to execute the bond.In case of extension or termination of this Contract,the CONTRACTOR shall furnish a Performance Bond or Letter of Credit in the same amount and under the same terms as for the initial Bond or Letter of Credit.The original Surety,however,is in no way obligated to extend or renew the bond. This Contract shall be subject to termination by the CITY at any time if said bond is cancelled or the surety thereon relieved from liability for any reason.Notice of cancellation of the bond must be served upon the CITY at least sixty (60)days prior to the effective date of said cancellation.The Contract will not be terminated if,within thirty (30)days of such notice,the CONTRACTOR files with the CITY a similar bond to be effective for the balance of the Contract period. Page 13 City of Waukee Contract-Recycling/Waste Collection 8.GENERAL PROVISIONS 8.1.Binding Effect The provisions,covenants,and conditions in this Contract apply to bind the parties,their legal heirs,representatives,successors,and assigns. 8.2.Compliance With Applicable Laws The parties to the Contract agree that the laws of the State of Iowa shall govern the validity, construction,interpretation,and effect of this Contract.The CONTRACTOR shall conduct the services set forth in this Contract incompliance with all applicable federal,state,county, and CITY rules,regulations,and laws.This Contract and the work to be done as described herein is also subject to the provisions of all pertinent municipal ordinances which are hereby made a part hereof with the same force and effect as if specifically set out herein. 8.3.Permits,Licenses,And Taxes The CONTRACTOR shall obtain and assume the cost of all licenses and permits and promptly pay all taxes required by the CITY or other jurisdiction. 8.4.Discrimination Neither the CONTRACTOR nor any subcontractor or person(s)acting on their behalf shall discriminate against any person because of race,sex,age,creed,color,affectional preference, religion,national origin,veteran status,or disability. 8.5.Assignment Of Contract No assignment of this Contract or any right accruing under this Contract shall be made in whole or in part by the CONTRACTOR without the prior express written consent of the CITY,which consent shall not be unreasonably withheld.The delegation of any Contract duties will require the written consent of the Surety and such delegation will not relieve the CONTRACTOR or his Surety of any liability and/or obligation to perform.In the event of any delegation of a duty,the delegate shall assume full responsibility and liability for performance of that duty without affecting the CONTRACTOR's liability. 8.6.Change Of Ownership The Contractor shall not assign any interest in the contract,and shall not transfer any interest in the Contract,either by assignment or notation,without the prior written approval of the CITY.The Contractor shall not subcontract any services under this contract without prior written approval of the CITY.Failure to obtain such written approval by the CITY prior to any such assignment or subcontract shall be grounds for immediate Contract termination. 8.7.Bankruptcy Page 14 City of Waukee Contract-Recycling/Waste Collection "Insolvent"for the purposes of this clause shall mean a party's inability to pay its debts as they mature.A party's insolvency,or voluntary or involuntary bankruptcy,shall not constitute prospective unwillingness and/or inability to perform nor a repudiation of this Contract unless the party fails to give a timely and adequate assurance of its ability to perform.Until such assurances are received,the demanding party may suspend,if commercially reasonable,any performance due upon its part unless already paid for.If a party is unable to give adequate assurances,the other party may terminate the Contract with seven (7)days written notice. The CITY shall not be bound to the Contract by an insolvent CONTRACTOR's trustee or receiver. In the event of the CONTRACTOR's bankruptcy,the CITY will have the same remedies as provided for BREACH OF CONTRACT. 8.8.Monthly And Annual Reporte The CONTRACTOR shall provide the CITY with monthly reports detailing: 1.The tonnage of the different classes of Solid Waste collected during the past month; 2.The number of Residential Units served for each of the different classes of Solid Waste during the past month; 3.The number and type of education tags left for non-Collection of Wastes;and, 4.The number and types of customer complaints,with resolutions. The monthly reports shall be due no later than 15th of each month. The CONTRACTOR shall provide the CITY with annual reports detailing: 1.The tonnage of the different classes of Solid Waste collected during the past year; 2.A summary of any major challenges encountered over the past year;and 3.Recommendations for improvement of the Solid Waste programs. The reports shall be due no later than January 15 of each year during the term of this Contract;the final report shall be due January 15 of the year following Contract end. The CONTRACTOR shall also provide an annual report of their financial operations as soon as possible after the report is completed but no later than March 1 of each year. 8.9.Liquidated Damagee The CONTRACTOR shall agree,in addition to any other remedies available to the CITY, that the CITY may withhold payment Irom the CONTRACTOR in the amounts specified below as liquidated damages for failure of the CONTRACTOR fulfilling its obligations: 1.Failure to respond to legitimate One hundred dollars ($100)per incident. service complaints within twenty four (24)hours Page 15 City of Waukee Contract-Recycling/Waste Collection 2.Failure to collect properly notified missed Collections 3.Failure to provide new,previously unused Household Waste or Recycling Cart to Residential Units or City Facilities 4.Failure to provide required reports 5.Failure to complete the Collections within the specified time frames without proper notice to the CITY 6.Failure to clean up from spills during Collection operations Two hundred and fifty dollars ($250)per incident. $100 per cart One hundred dollars ($100)per incident. One hundred dollars ($100)per incident. Two hundred fifty dollars ($250)per incident. These amounts will be for liquidated damages for losses suffered by the CITY and are not penalties.Three (3)or more such incidents in a six (6)month period shall constitute grounds for termination of this Contract and may not be subject to cure at the sole discretion of the CITY. 8.10.Breach Of Contract Substandard performance,as determined by the CITY in its sole discretion,will constitute non-compliance with the Contract.If the CONTRACTOR fails to perform,or fails to perform in a satisfactory manner,or fails to perform in accordance with applicable ordinances,the CITY shall request documentation from the CONTRACTOR of the actions being taken to rectify and cure the situation.The CONTRACTOR must,within three (3) days of receipt of such demand,return to the CITY a written statement that explains any reasons for nonperformance or delayed,partial,or substandard performance during that period,the actions taken to correct performance issues and a timeline for completion of such actions.If the CONTRACTOR's statement is found unacceptable,or upon the failure of the CONTRACTOR to submit a response statement,or to complete the actions to correct the performance issues,the CITY may terminate the contract and contract with another Contractor and make claims and demands under the terms of the Performance Bond or the Letter of Credit for damages incurred by the CITY. 8.11.Force Majeure Neither the CONTRACTOR nor the CITY shall be liable neither for the failure to perform their duties nor for any resultant damage,loss,etc.,if such failure is caused by catastrophe, riot,war,governmental order,or regulation,fine,accident,act of God or other similar or different contingency beyond the reasonable control of the CONTRACTOR or CITY. Labor disputes,slow-downs or strikes shall not constitute a cause for Force Majeure. 8.12.Joint And Several Liability If the CONTRACTOR is comprised of more than one individual,corporation or other Page 16 City of Waukee Contract-Recycling/Waste Collection entity,each of the entities comprising the CONTRACTOR shall be jointly and severally liable. 8.13.Amendment To Contract No modification or amendment of the terms hereof shall be effective unless written and signed by the authorized representatives of all parties entitled to receive a right or obligated to perform a duty under this Contract.A signed original is to be fastened to the original Contract with signed copies retained by all parties. The written modification is not to become effective for a period of seven (7)business days during which time either party may revoke the writing upon delivery to the other party of a written notice to that effect,dated and signed by a notary. 8.14.Illegal And Invalid Provisions Should any term,provision or other part of this Contract be declared illegal,it shall be excised and/or modified to conform to the appropriate laws or regulations.Should any term,provision or other part of this Contract be held to be inoperative,invalid,or unenforceable,such provision or portion thereof shall be formed in accordance with applicable laws or regulations. In both cases,the remainder of the Contract shall not be affected but shall remain in full force and effect. This Contract is intended to conform in all respects to applicable statutes of the State of Iowa,and if any part or provision of this Contract conflicts with any applicable statute or law,the statute or law shall govern. IN WITNESS WHEREOF,the contracting parties have executed this Contract on the date first written above,executed in duplicate. CITY OF WAUKEE,IOWA ANKENY SANITATION By: Mayor Date:0V 0 Alk By: City Clerk Date:Og l//Wl Page 17 City of Waukee Contract-Recycling/Waste Collection (SEAL) Page 18