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Home My WebLink AboutRes1983-084 . . . e . CITY OF SEWARD, ALASKA RESOLUTION NO. 83-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING THE CONTRACT FOR CITY GARBAGE AND REFUSE REMOVAL SERVICE TO SEWARD SERVICES FOR THE PERIOD BEGINNING JANUARY 1, 1984 AND ENDING DECEMBER 31, 1987 WHEREAS, the City of Seward requested bids for garbage and refuse removal for the period beginning January 1, 1984 and ending December 31, 1987; and WHEREAS, bids were received from S & G Enterprises and Seward Services; and WHEREAS, the City Council hereby finds that the bid of Seward Services is reasonable and that acceptance of that bid is in the public interest; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The bid to Seward Services for garbage and refuse removal service within the City of Seward for the period beginning January 1, 1984 and ending December 31, 1987 is hereby accepted and the contract for such service is hereby awarded to Seward Services. Section 2. The City Manager is hereby authorized to execute the contract for such services on behalf of the City of Seward. Section 3. This resolution shall take effect January 1, 1984. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 14th day of November , 1983. 9~?i:S~ DONALD W. CRIPPS, MAYOR AYES: NOES: ABSENT: ABSTAIN: Cripps, None Swartz, None Williams, Wilson Gillespie, Hilton, Meehan -1- - e cL'r'i 011 S1l.~t>.RU, t>.l.t>.SRt>. 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CONTRACTUAL AGREEMENT FOR THE COLLECTION AND DISPOSAL OF GARBAGE, RUBBISH AND WASTE MATERIAL IN THE CITY OF SEWARD, ALASKA THIS AGREEMENT, entered into this 1st day of January 19 84, by and between the City of Seward, Alaska, a municipal Corpora- tion, organized under and operating pursuant to the laws of the State of Alaska, hereinafter referred to as the "City"; and Herman Leirer, dba Seward Service hereinafter referred to as the "Contractor", as follows: WHEREAS, the City of Seward, by ordinance, has provided for the sanitary, economic and efficient collection and disposal of garbage, rubbish and waste material in the City of Seward, and has by such ordinance made regulations respecting the time, method and manner of such collection and disposal; and WHEREAS, said contractor has, by sealed bid, offered to service the entire areas of business and residential districts of the City of Seward by periodic collection of garbage, rubbish and waste material in residential, commercial and industrial areas and in accor- dance with the terms of this Agreement; NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE CITY AND SAID CONTRACTOR, that: 1. The contract for collecting and disposing of the garbage, rubbish and waste materials of businesses and residences of the City of Seward is hereby awarded to said Contractor. 2. The Contractor will comply with the terms and provlslons of said ordinance and will follow regulations of the City of Seward in connection therewith. 3. The Contractor shall report any violation of the City ordinances or sanitary landfill to the City Manager or the Chief of Police of the City by filing an official complaint against the violator. Irregularities or violations of ordinances or regulations involving unknown persons shall be reported to the City Manager or the Chief of Police of the City. 4. The Contractor shall not assign or transfer this contract without prior written consent of the City. 5. The Contractor shall furnish and operate safe equipment ~nd at least two vehicles for the collection and hauling of garbage, rubbish and waste material. One of such vehicles shall have a minimum bulk capacity of 25 cubic yards; the other vehicle shall have a minimum bulk capacity of 16 cubic yards. Such equipment and vehicles shall at all times throughout the term of this contract be operated and main- tained in proper and safe working order to minimize risk of injury to persons and property. . . . . . 6. The Contractor shall service all sections of the City on the route and schedule prescribed by the City. 7. The Contractor agrees to haul all garbage, rubbish and waste material collected within the City to any place designated by the Kenai Peninsula Borough and to j:l1ace said garbage, rubbish and waste material in the trenches prepared by the Borough and to refrain from burning of said material. 8. The Contractor shall furnish to the City Clerk one Certificate of Insurance, properly executed by a duly-authorized offi- cial of the insurance agent or underwriter (with the stipulation that the City of Seward, as Certificate holder, will be given 15 days' notice of intent to cancel), evidencing: (a) not less than $200,000 of bodily injury liability coverage per individual, not less than $500,000 per accident or occurrence, and not less than $100,000 of property damage liability coverage (such Certificate of Insurance to clearly indicate that the document of indemnity required pursuant to the provisions of the following subparagraph have been incorporated into and made a part of the applicable insurance policy), and (b) Workmen's Compensation Insurance in accordance with the laws of Alaska. Further, the Contractor shall furnish to the City Clerk an executed document of indemnity saving the City of Seward harmless against any loss or damage due to the negligence of the Contractor while the collection and disposal of garbage, rubbish and waste material is being performed, naming the City as a named-insured therein. (The executed document of indemnity is attached to this Agreement and is hereby incorporated into and made a part hereof.) Further, the Contractor shall furnish to the City Clerk a performance bond in the sum of $15,000 conditioned upon the covenants, agreements, stipulations and conditions thereof. (The executed perfor- mance bond is attached to this Agreement and is hereby incorporated into and made a part hereof.) 9. The Contractor shall be entitled to receive as compen- sation for the services rendered in accordance with this Agreement and the said resolution, the fees specified therein, which fees shall be collected at the sole expense of the Contractor. 10. The Contractor shall pay to the City 12.5 percent of each month's total billing for billing and cash receiving services described in paragraph 12 of this Agreement. 11. The Contractor shall supply the City an accurate record of service performed for billing purposes. 12. The City shall prepare the monthly customer billings for garbage service and shall receive cash payments with its utility bills. It shall maintain a customer's ledger for garbage service and report the amounts billed and collected monthly to the Contractor. . . . - e 13. The contract under this Agreement shall commence on January 1, 1984, and shall run for a period of four years until December 31, 1987. 14. The City agrees to review the rates established by resolution every two years to determine whether or not they adequately compensate the Contractor for services performed pursuant to this Agreement. 15. The terms and conditions of this Contractual Agreement may be declared terminated, null and void, at any time by written mutual consent; provided, however, that in the event of such a prior termina- tion hereof, such prior termination shall take effect 90 days after the date of said written mutual consent. 16. The City may terminate this Agreement at any time if the Contractor defaults in any of its provisions, or if the Contractor fails to provide the services required by this Agreement in a proper and workmanlike manner. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the City of Seward by its City Manager and City Clerk, as instructed by the City Council of the City of Seward, Alaska, at its regular meeting of November 14, 1983 , with the corporate seal hereunto affixed on this 2nd day of December 19 83 CONTRACTOR THE CITY OF SEWARD, ALASKA /~~ ~~ ~~ Manager ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward, Alaska cz~ fl~ Fred B. Arvidson, City Attorney (City