PSA - Disposal Agreement Setting Per Ton Tipping Fee – Republic Services of IN LP

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AGREEMENT FOR SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND REPUBLIC SERVICES OF INDIANA, LIMITED PARTNERSHIP THIS AGREEMENT is made effective the I" day of January 2024 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 Republic Services of Indiana, Limited Partnership, a foreign limited liability company licensed to do business in the State of Indiana ("Contractor') with offices at 2500 Green Tech Drive, South Bend, Indiana 46613 (individually a "Party" and collectively the 'Parties"), RECITALS WHEREAS, Contractor has experience and expertise in municipal solid waste management that may prove beneficial to the City in these efforts; and WHEREAS, the City desires to retain the services of Contractor to accept municipal solid waste at its Green Tech Transfer & Recycling Facility and Contractor iswilling to assist the City in its efforts; and WHEREAS, the City has determined that due to Contractor's experience and expertise, it is in the best interest of the City retain Contractor'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 Contractor hereby agree as follows: Section 1. Duties of the Contractors. The Contractor shall provide the services which are more particularly described at Exhibit 'A"— Scope ofServices ( " Ex h i b i t " A " ) attached hereto andincorporated herein (the "Services"), and the parties agree that the terms and conditions set out in ExhibitA are partof thisAgreement. The Contractor shall execute its responsibilities in a good, safe and workman like manner, and in compliance withal[ applicable federal, state, and local laws, rules and permit conditions relating to the Services. Section 2. Consideration. The Contractor will be paid as set forth at Echibi/'A"- Scope ofServices. 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. The parties agree and understand that there shall be no late payment penalty fees associated with this Agreement. 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 of South Bend solid waste, such Gov emm ental Charges shall be passed through to the City of South Bend. Contractor must notify the City prior to the implementation of any additional fees, taxes or surcharges or such fees, taxes or surcharges will not be accepted.