Rescind Approval of Contract - Republic Services of Indiana - Disposal of Special Waste

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AGREEMENT FOR SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND COUNTY LINE LANDFILL PARTNERSHIP THIS AGREEMENT is made effective the 26th day of March 2019 by and between the City of South Bend, Indiana, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works ( "City"), and County Line Landfill Partnership an Indiana Partnership ("Republic") located at 7922 North Old US Hwy. 31, Argos, IN 46501 (individually a "Party" and collectively the "Parties"). RECITALS WHEREAS, Republic has experience and expertise in municipal special waste management that may prove beneficial to the City in these efforts; and WHEREAS, the City desires to retain the services of Republic to accept municipal special waste at its Green Tech Transfer & Recycling Facility and Republic is willing to assist the City in its efforts; and WHEREAS, the City has determined that due to Republic's experience and expertise, it is in the best interest of the City retain Republic's services under the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and Republic hereby agree as follows: Section 1. Duties of Republic. Republic shall provide for the disposal of Special Waste, as defined in Section 21.d. of this Agreement, delivered to Republic by the City, as more particularly described at Exhibit "A" — "Scope oC cps�a("130ibit "A") attached hereto and incorporated herein (the "Services"), and the parties agree that the terms and conditions set out in Exhibit A are part of this Agreement. Republic shall execute its responsibilities in a good, safe and workman like manner, and in compliance with all applicable federal, state, and local laws, rules and permit conditions relating to the Services. Section 2. Consideration. Republic will be paid as set forth at E^ ahi bit "A"- Scope o ryices. Any payment that the City may deny or withhold or delay shall not be subject to penalty or interest under Indiana Code § 5-17-5. In addition to sums specified in the Scope of Services, in the event that there is an increase in any governmental fees, taxes surcharges, or other governmental charges ("Governmental Charges") that are imposed on the disposal of the City Special Waste such Governmental Charges shall be passed through to the City. Section 3. Term and Renewal Option. This Agreement shall be effective commencing on March 26, 2019 ("Effective Date") and shall end on December 31, 2021 (Expiration Date"). The Parties may mutually agree in writing to extend the term of this Agreement for an additional