HomeMy WebLinkAboutRes.3386.03-01-2021 BILL NO. 21-27 RESOLUTION NO. 31__
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN ADDENDUM TO THE AGREEMENT WITH
REPUBLIC SERVICES, D/B/A CWI OF MISSOURI,
INC. , FOR SOLID WASTE SERVICES, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1 . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Addendum to the Agreement with Republic Services, d/b/a CWI of
Missouri, Inc. , for solid waste services, in the City of Cape
Girardeau, Missouri. The Agreement shall be in substantially
the form attached hereto, which document is hereby approved by
the City Council, and incorporated herein by reference, with
such changes therein as shall be approved by the officers of the
City executing the same .
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PASSED AND ADOPTED THIS / DAY OF&Ie4t-44 , 2021 .
Bob Fox, Mayor
ATTEST:
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Bruce Ta • , Deputy City Cl,e �L, ' -5
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ADDENDUM TO CITY SERVICE AGREEMENT
This ADDENDUM TO AGREEMENT FOR SOLID WASTE SERVICES (the "Addendum") is
entered into effective as of May 1,2021 by and between the City of Cape Girardeau("City")and CWI OF
MISSOURI,INC. ("Republic").
A. The Parties entered into that certain Agreement for Solid Waste Services effective Jan 6,
2015 (the"Agreement"),pursuant to which Republic provides hauling and disposal services to City; and
B. The Parties desire to addend the Agreement to add additional terms and conditions for the
Services
NOW, THEREFORE, in consideration of the mutual covenants contained in the Agreement, and
for good and valuable consideration, the receipt and sufficiency of which the Parties acknowledge, the
Parties agree that the Agreement is amended as follows:
1. The Parties agree that the Agreement shall be addended to add the following provisions:
EQUIPMENT. On one occasion in 2021, Republic will remove the City's currently
installed Logemann Lion baler and infeed conveyor located in the City's Recycling Drop
Off Facility, and replace it with a new Marathon Stealth Baler ("Baler") and Marathon
Conveyor ("Conveyor"). Republic will be responsible for the purchase and installation
costs of the Baler and Conveyor. The Baler will remain the property of Republic.Republic
shall lease the Baler to the City for $1.00 per month. The City is responsible for all
maintenance and insurance on the Baler. The Baler shall be provided with a factory
warranty.
PROCESSING. Republic shall dispose of all volume,including Single Stream,under the
Agreement at its facility.
RATES AND FEES. The hauling, receiving, and processing of all non-Republic Single
Stream volume at this facility shall be$145 per ton,plus annual CPI Adjustment.Republic
may apply a month Fuel Surcharge to any invoice. Republic may impose a Contamination
Surcharge of up to$75.00 per ton for any material that is in excess of 15%contamination.
INDEMNIFICATION FOR EXCLUDED WASTE. City shall indemnify,hold
Republic harmless,and promptly reimburse Republic for all damages, losses and
expenses, including reasonable attorney's fees and federal, state or local fines and
penalties,resulting from the inclusion of any Excluded Waste in any load delivered by
City to the Disposal Facility,regardless of any allegation that Republic should have
discovered the inclusion of such material prior to accepting delivery of such load.
Excluded Waste is defined. Title to Excluded Waste Shall never pass to Republic.
COMMODITY REVENUE.Republic shall pay commodity revenue to City each month
for non-Republic Single Stream Waste equal to 80%of the Material Value index for the
commodity make the of the material, excluding glass.
CARDBOARD. All Republic clean cardboard shall be baled at$15 per ton for inbound
material. Republic shall continue to spot a trailer at the Disposal Facility for all baled
cardboard and continue to provide the hauling and processing of this material at no extra
fee.
2. Capitalized Terms. Capitalized terms used but not otherwise defined in this Addendum
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shall have the meanings assigned to them in the Agreement. In the case of a conflict in meaning between
the Agreement and this Addendum,this Addendum shall prevail.
3. Continuing Effect. Except as expressly modified or amended by this Addendum,all
terms and provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF,the Parties have executed this Addendum as of the second date set forth
below.
CITY OF CAPE GIRARDEAU CWI OF MISSOURI,INC.
By:
Name: X07- A �___ _ Name: (p rt! -T- ,.A-L-1(NQ/-
Now
Title: Gr ',1,,,,,age Title: ell-Pr- '• �
Date: 3737207-1 Date: /rte 10€