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1m. Contract for Recycling Center between R & W Rolloff and City of Chan r 1 1 CITY OF 11/4 . CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 1 MEMORANDUM TO: Don Ashworth, City Manager FROM: Jo Ann Olsen, Asst. City Planner DATE: July 18 , 1988 ' SUBJ: Recycling Center Contract with R & W Rolloff Attached is a copy of the Chanhassen Recycling Center contract between the City of Chanhassen and R & W Rolloff , Inc. The contract has been approved and signed by R & W Rolloff, Inc. The contract has also been reviewed by both the City Manager and City Attorney. The contract is valid through December, 1988 . RECOMMENDATION Staff recommends approval of the Recycling Center contract between the City and R & W Rolloff, Inc. ATTACHMENTS 1 . Recycling contract. 1 .tit)n by CftY Mme; I • indorsed _ " t'odifiee .- JCh ltlli]: blht 1 1 I CONTRACT 1 r CONTRACT entered into this day of July, 1988 , between the CITY OF CHANHASSESN, State of Minnesota, a municipal corporation, hereinafter referred to as "City" , and R&W ROLL-OFF SERVICE , INC . , of 5525 County Road 50, Carver, Minnesota, a corporation authorized to carry on business in the State of Minnesota, hereinafter referred to as "Contractor" . SECTION ONE Scope of Work ' Contractor shall provide pick-up service for recyclables (glass, aluminum/bi-metal , newspaper, and yard waste) at the City of Chanhassen Drop-Off Center, 1951 Park Road, Chanhassen, Minnesota. Contractor shall supply one 40 cubic yard container for the glass, aluminum/bi-metal , and newspaper, and two containers for the yard waste. Pick-ups shall be made twice monthly and the recyclables delivered to the appropriate recycling centers. SECTION TWO ' Term The term of this contract shall commence on June 11 , 1988 , 1 and continue through December 17, 1988 , unless earlier terminated by the provisions of Section Eight herein. SECTION THREE Payment City agrees to pay Contractor $200. 00 for each emptying i of the aluminum/bi-metal , glass, and newspaper container, and $50. 00 for each emptying of each yard waste container. SECTION FOUR Redemption Money Any redemption money due to the City from the recyclables will be paid directly from the recycling centers and will not be collectible by Contractor. SECTION FIVE Insurance Contractor shall take out and maintain during the term of this contract comprehensive, personal injury, and property damage insurance. Contractor shall furnish the City proof of coverage before commencing operation. Contractor must meet all minimum requirements as set by the City' s risk manager with respect to liability coverage . I SECTION SIX Nonassignability Contractor ' s duties , obligations, and rights under this contract cannot be assigned, transferred, or subcontracted without the prior consent of the City. SECTION SEVEN ' Modification of Services City can, upon giving Contractor thirty ( 30) days notice, add services, such as plastics, for a price to be agreed upon ' between the parties , Also, City can, upon giving Contractor thirty (30) days notice, terminate services, such as yard waste . ' SECTION EIGHT Termination Notwithstanding anything in this contract to the contrary, ' City shall have the right, privilege, and option, at its election, to terminate this contract at any time if it is dissatisfied with the service by the Contractor. In the event City shall elect to terminate the contract, it shall provide Contractor with thirty ( 30) days written notice. ' Such written notice is to be mailed to Contractor at 5525 County Road 50, Carver, Minnesota 55315. It is understood and agreed between the parties that if City shall fail to elect to terminate this contract and so notify Contractor of its intention to do do , this contract will remain in full force and effect until its term expires on December ' 17, 1988 . SECTION NINE ' Effect of Termination In the event that City shall terminate this contract: (a) Contractor shall withdraw its containers from the Chanhassen Drop-Off Center and cease performance of all services under this contract. ' (b) City shall , upon submission of a final invoice from Contractor, pay to Contractor any amount due to it up until the time of termination. 1 SECTION TEN Indemnification ' Contractor shall indemnify and hold harmless the City, its elected officials, officers, employees , and agents from any and all liability concerning the services provided by it under this contract. 1 -2- SECTION ELEVEN Independent Contractor Contractor is an independent contractor and shall be responsible for worker ' s compensation, unemployment tax, federal and state withholding tax, and the like for its own employees. , Nothing contained in this contract shall be construed to grant Contractor the right, privilege, or option to cancel or terminate it in any respect. IN WITNESS WHEREOF , the parties have executed this contract at Chanhassen City Hall the day and year first above written. CITY OF CHANHASSEN ' BY: 'Thomas L. Hamilton, Mayor AND ! Don Ashworth, City Manager R&W ROLL-OFF SERVICE , INC . ,/ 1 BY: d A ,/ Its" 'C. : .� AND Its �S/fA / 1 1 -3- r