REFUSE COLIACTIONCONTRACT  THIS, AGREEMENT (also referred to herein as this "Contract") is made and entered into this Z2Mliay of November, 2019, for a five-year term commencing January 1, 2020, by and between the TOWN OF BAYFIELD, a Municipal Corporation ofLal Plata County, Colorado, (hereafter the  TRANSIT and  Town)  WASTE, LLC (hereafter the Contractor).  AUTHORITY. AND GENERALPROVISIONS  1. AUTHORITY  The Town does hereby retain the services of the Contractor and the Contractor hereby agrees to perform Refuse collection services for the Town for the consideration and upon the terms and conditions set forth in  this Contract. 2. DEFINITIONS  "CPI" shall mean the Consumer Price Index for, the Consumer Price Index, U.S. City Average, All Urban Consumers, Garbage and Trash Collection, Series # CUURO000SEHG02, Not Seasonally Adjusted, as published byt thel United States Department ofLabor. Bureau ofLabor Statistics (Base Period December 1983 = 100). In the event the United States Department ofLabor, Bureau ofLabor Statistics ceases to publish the CPI, the parties agree tos substitute another equally authoritative measure of change in the purchasing power Environmental Law" means any applicable law, rule, regulation or ordinance concerning environmental protection including all requirements pertaining to reporting, licensing, permitting, investigation, removal or remediation of emissions, discharges, releases, or threatened releases of chemical substances, pollutants or contaminants or relating to the manufacture, generation, processing, distribution, use, recycling, treatment, storage, disposal, transport, or handling of Regulated Materials, chemical substances, pollutants or contaminants, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Toxic Substance Control Act ("TSCA"), the Resource Conservation and Recovery Act ("RCRA"), the Clean Air Act ("CAA"), the Clean Water Act ("CWA"), the Endangered Species Act ("ESA"), the Occupational Safety and Health Act ("OSHA"), the Safe Drinking Water Act ("SDWA"), the Hazardous Materials Transportation Act ("HMTA"), the Emergency Planning and Community Right tol Know Act ("EPCRA") and the Federal Insecticide, Fungicide, Rodenticide Act ("FIERA"), and their  ofthel U.S. dollar as may be then available.  state law counterparts, all as may have been amended.  "Generator" means the person or entity to which aj polycart or Refuse container is assigned.  "Hazardous Waste" shall include, but not be limited to, any amount of waste listed or characterized as Nonconforming Waste" shall mean all Hazardous Waste, radioactive, volatile, highly flammable, explosive, toxic waste, certain pathological and biological wastes, and other material deemed by law or in Contractor's reasonable discretion to be a danger or threat to the environment. Regarding Industrial and Special Waste, Nonconforming Waste shall also include such Industrial Waste or Special Waste in quantities exceeding the quantities identified by the Town to Contractor in advance of the request for  hazardous in any Environmental Law.  collection service withi respect Industrial Waste or Special Waste. "Refuse" shall mean all waste thati is not] Nonconforming Waste.  "Special Waste" shalli include any Waste which requires special handling, management or disposal methods under any Environmental Law, over and above those requirements set forthi for Municipal Solid Waste.    "Town Manager" shall meant the Town) Manager oft the' Town ofBayfield orl his designatedi representatives. Subject to annual appropriations, the term of this Contract shall be for five (5); years with services of the Contractor to commence at 12:01 a.m. ont the first day of January, 2020, andt tot terminate on the thirty-first day of December, 2025 at the hour of 11:59 p.m. The Town may renew this Contract for an additional five (5) year term by giving notice to that effect to the Contractor: no more than one (I); year and no less than six (6) months prior to the expiration of the original term, which notice ofrenewal shall only become effective once the Town and the Contractor have mutually agreed to the payment schedule to Contractor for such renewal term. Nothing contained herein shall prevent the Town from seeking other bids for the provision ofrefuse services after the current Term has expired or been terminated in accordance herewith or negotiating with the Contractor to amend the terms ofthis agreement at the end oft thet term ofthis agreement.  3. TERM  4. INDEPENDENT CONTRACTOR  The parties acknowledge and agree that the Contractor shall carry out all the terms of this Contract as an independent contractor, and not as an agent, servant, employee, or partner of the Town or any of the  Town's employees, agents or elected officials.  II  PACIPICOBLIGATIONS OF CONTRACTOR  5. REFUSE SERVICE The Contractor shal!:  Provide complete Refuse collection: serviçe to all residences and commercial properties in the Town of Bayfield b) Collect, remove, and dispose of all Refuse in the Town of Bayfield that has been properly containerized, except for individuals or entities authorized to remove and dispose of Refuse of their own accord under the c) Furnish all labor, tools, apparatus, office facilities, equipment and disposal sites neçessary to provide such Provide regularly scheduled Refuse collection service to residential areas once per week. In the event the scheduled service day falls on al holiday, then the service shall be provided on the day after the! holiday. Offer regularly scheduled Refuse collection service to commercial areas, and establish frequency of collection and container capacity as are necessary to adequately effect such service, which shall be subject Provide Refuse collection service sufficiently adequate to prevent accumulation of Refuse in the' Town of Respond promptly to any request of the Town for special service caused by failure of the Contractor to Not litter any street or premises int the process of providing Refuse collection service and promptly remove and ) Subject to reasonable modifications which the Town may require, commençe residential Refuse collection  entitled to such services under the provisions of Bayfield Town Code;  Iaws oft the State ofC Colorado; Refuse collection service;  tos separate agreement with the owners of such commercial properties; Bayfield which would constitute ar nuisançe or health hazard;  provide regular service; clean up any spillage;    service no earlier than 7:00 a.m. andt terminate such service not later than 5:00j p.m,;  i) Without delay, after removing Refuse from any container, cause such container to be replaced at its  designated position in an upright position.  Exercise reasonable care int the handling of] Refuse disposal bins and containers; toavoid climbing orj jumping over hedges, fences ors shrubbery;  Require its employees andj personnel to avoid crossing private or public planted and landscaped areas and m) Require its employees and personnel to make all collections in as quiet and orderly manner as reasonably feasible, to avoid unnecessary noise and disturbances, yelling or shouting, and to avoid unnecessary banging or throwing of cans or containers, squealing of tires or brakes, blowing of horns and other Comply with any other provisions specified in the Refuse collection request for proposals from the Town andt the proposal submitted tot the Town which arei made aj part ofthis agreement byt thisi reference. ) Provide thirty (30): yard dumpsters before and during the Town sponsored fall and spring clean-up and p) Empty and haul the Town's Roll-Off Recycle Box or Front-Load Self-Dumping Recycle Cans located 9) During the first two scheduled collections in January of each year, collect all Christmas trees at each residence, provided each treei is placed att the curb adjacent to the residence's polycart(s). Have drivers check with' Town Hall prior to leaving' Town on any collection day to determine whether there have been any reports of missed residences sot that they can be serviced. Provide the Town with a map of the routes and collection schedule, and any change in routes or schedules must be provided to the Town at least thirty (30) days prior to the change, unless otherwise authorized by  unnecessary noise;  for up to 4 other special events per calendar year. within the Town when requested by the Town.  the Town.  6. COLLECTION EQUIPMENT  (a) The Contractor shall use only serviçeable collection equipment. Equipment serviceability shall be determined by the Town Manager in his or her reasonable judgment. Collection equipment shall completely, adequately and fully accommodate the use of approved dumpsters, including any covered, commercial type Refuse containers. Contractor agrees to meet all federal and state Air Pollution Emission Standards as they apply to equipment of the nature used by Contractor to (b) All trucks or other equipment used in collecting Refuse shall be thoroughly cleaned at least once a week and deodorized or disinfected when necessary to maintain such equipment in a sanitary and (c) All trucks and collection equipment shall be clearly identified with the Contractor's firm name and telephone number affixed thereto. Collection trucks shall be painted uniform colors and shall be equipped with such safety devices and warning lights as shall be required by Colorado law or Town ordinances. Each collection truck shall be equipped with a shovel and al broom for picking up: spilled Refuse. All vehicles shall be equipped with ai fire extinguisher and appropriate first aid  perform the services contemplated by this Contract.  non-offensive condition.  kit.    (d) The Contractor shall not transfer, sell, assign, lease, surrender, abandon, or permit to lapse his title or right of possession in and to any real or personal property used in the performance oft the work required, unless suitable replacement property is provided and is sufficient for the Contractor to perform the work required hereunder. Any attempt to do: sO without such permission shall constitute The Contractor shall properly maintain all Contractor-owned collection equipment, vehicles, and containers, ande endeavor tol keep the: same serviceable. When they are nol longers serviceable, these items ofequipment should be replaced as provided in sub-paragraph (d) above.  amateriall breach oft the Contract.  ()  7  RIGHT OFI LOUFMENTNSFECTION  The Town reserves the right to inspect the vehicles, equipment and containers used by the Contractor in carrying out the requirements of this Contract and to require corrections of conditions found to be in  violation ofTown ordinançes or State or Federal law. STANDARD CONTAINERS: LOCATION OF CONTAINERS  &  (a) The Contractor shall provide each residence with a ninety-six (96) gallon polycart certified bear resistant by IGBC standards, which shall be owned and maintained by the Contractor as further provided herein. Additional polycarts may be requested by any customer and if requested shall be (b) Contractor shall not collect Refuse from containers which do not conform with the requirements oft the Bayfield Town Code for the polycarts as to size, weight, type, condition, etc. Contractor shall inform the Town Manager of all non-standard containers, or of containers which exceed restrictions in weight and size, and shall further place on each such container at tag to be furnished by the Town indicating that the container is improper, overweight, or otherwise in violation of the Contractor shall collect Refuse which has been placed at curb-side or within ten (10) feet ofthe edge of the street or edge oft the alley in accordance with the provisions of the Town Code. In the event an alley reaches such poor condition due to the weather or other reasons that it becomes no longer feasible to collect Refuse from the alley, the Contractor may require customers to deposit Refuse at the curb for pick-up; however, the Contractor must first receive the consent of the Town Manager before discontinuing any alley service, which consent shall not be unreasonably withheld. (a) The Contractor shall perform all maintenance and repairs upon all polycarts and all other Refuse (b) Upon receipt ofa written directive from the Town, the Contractor shall repair, clean or sanitize (c) The Contractor shall be entitled to seek restitution for all maintenance and repairs occasioned by ther negligent ori intentional acts ofthird parties froms such responsible third persons.  provided by the Contractor at the rates provided fori ini this agreement.  applicable ordinances or rules and regulations.  (d)  9  MAINTENANCE OF CONTAINERS  containers necessary to1 maintain themi inj proper operating order.  any containers requiring such maintenance.  IQ  CONTRACTORS. PERSONNEL Contractor shall: (a) (b) (c)  Employ and retain supervisors and employees who are experienced and qualified to assure Provide adequate operating and safety training for all ofi its employees and personnel; Furnish, upon reasonable request oft the Town, information to the Town concerning the  performançe ofthis Contract;    background and experience ofa anys supervisor, agent or employee oft the Contractor; Require employees to wear clean uniform bearing the Contractor's name; (e) Discipline, as appropriate tot the circumstances, and ati request ofthe Town, any employee who has been deliberately or wantonly negligent, rude, or discourteous in thej performance ofhis or her duties, whoi is unnecessarily noisy or who violates thel Motor Vehicle Codes; Encouraget that at least one (1) employee on each collection crew be trained ini first aid; Comply with all applicable State and Federal laws pertaining to employment: including minimum wage, hour laws, Worker's Compensation and laws pertaining to working conditions; Assure that each employee who drives or operates vehicles or equipment is properly trained in the operation thereof and that each such employee shall be inj possession of any appropriate vehicle or Exonerate, indemnify and hold harmless, the Town from and against and shall assume all responsibility for payment of all wages or salary and all Federal, State and local taxes or contributions imposed or required under Unemployment Insurance, Social Security, Income Tax Laws, Worker's Compensation. Laws with respect to the Contractor's employees; Not discriminate against any employee or applicant for employment because ofr race, creed, color, Comply with the provisions of any governing affirmative action program to ensure that applicants are employed, and that employees are treated during employment without regard to their race,  (d)  () (g) (h) () () (k)  equipment liçense required for the operation thereof;  sex, or national origin;  creed, color or national origin.  11. OFFICE AND COMPLAINT PROCEDURE  (a) The Contractor shall maintain an office with al local phone number for inquiries and complaints which will be open during regular business hours. The Contractor shall provide notice to all customers within the Town of the address, phone number and complaint procedures. (b) All complaints shall be promptly investigated as soon as possible, and in any event before the close of business of the next succeeding business day and resolved as quickly as feasible and practical. Contractor shall have available at all times competent personnel who shall have the authority to represent the Contractor in its relations with the Town and the public. The Contractor shall supply the Town with copies ofall complaints on a form approved by the Town and indicate the disposition of each. Such records shall be forwarded monthly to the Town for its inspection. When a complaint is received on the day preceding al holiday or on a Saturday, it shall be serviced (c) The Contractor agrees to advertisei int thel local news mediaj periodically advising residents ofthe Town oft thes special pickup services made available tot the public by the Contractor. The Contractor shall obtain at! his own expense all permits and licenses required by law or ordinance to The Contractor shall not, nor shall he permit any agent, employee, or sub-contractor employed by him to request, solicit, demand or accept, either directly or indirectly, any compensation or gratuity for the collection of waste material as herein defined, except such compensation as may herein be provided by the  no later than the next working day.  12  PERMITS. AND: LICENSES  affect the performance oft this Contract and maintain samei in full force and effect.  13. NO ADDITIONAL COMPENSATION ALLOWED  Contract or as permitted herein.    14. DISPOSAL OFI REFUSE. AT SANITARY. LANDFILL  () waste. (b) (c) (d)  The Contractor shall take title to alll Refuse when it is placed in the Contractor's trucks. The Contractor may deliver the garbage, trash, brush and other Refuse collected byi it from premises in the corporate Town limits to any landfill which is lawfully operated and maintained for such The Contractor shall provide the Town such operating information as the Town may from time to time reasonably request relating to the landfill or which otherwise bears on the performance oft this During the fall and spring clean-ups, the Contractor shall permit all residents of the Town (residency to be verified by current water or utility bill or other reasonable means) to directly dispose ofup tot two (2) cubic) yards ofRefuse at the Contractor's Bondad. Landfill at no charge. Performance of each of the provisions of the Contract shall be under the direction and supervision of the Town Manager and all reasonable orders and directions given by said Town Manager with regard to the collection and disposal of] Refuse and the performance ofthis Contract shall be followed by the Contractor. In its performance of the terms and conditions ofthis Contract, the Company shall comply with all Town, County, State and Federal Laws, ordinances and regulations which are now or which may hereafter regulate the activities which are the subject of this Contract, concerning the collection or disposal of garbage or Refuse. The Contractor shall keep itself informed of all existing and future State and National laws and Municipal ordinançes and regulations which in any material manner affect those engaged or employed in the work, or the materials used in the work, or which in any material way affect the conduct oft the work, and ofall such orders and decrees ofbodies or tribunals having any jurisdiction or authority over thes same. Contractor shall at all times himself observe and comply with ands shall cause all his agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees, and shall protect and indemnify the Town and all ofi its officers and agents and servants against any claim or liability arising from or based ont the violation or any such law, ordinance, regulation, The Contractor assumes all risk of loss or injury to property or persons arising from any of its operations under this Contract, and agrees to indemnify and hold harmless the Town, and its employees, agents, and appointed and elected officials from all claims, demands, suits, judgments, costs or expenses arising from any such loss or injury. Iti is expressly understood that the foregoing provisions shall not in any way limit the liability of the Contractor. The Contractor agrees to procure and maintain policies of insurance sufficient to insure against all liability, claims, demands and other obligations assumed by the Contractor  Contractor shall not take title to any Nonconforming Waste, which shall remain vested in the generator ofsuch  purpose. Contract.  15. SUPERVISION  16. COMPLIANCE WITH LAW  order and decree whether byl himself or his employees.  17. INDEMNIFICATION: MINIMUM INSURANCE REQUIREMENTS  pursuant tot this agreement, includingi policies in the following minimum amounts:  (a)  General Liability Insurance with minimum combined single limits of $5,000,000.00 each occurrence and $5,000,000.00 aggregate, inclusive of umbrella or excess coverage. The Policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury, blanket contractual, independent contractor, Comprehensive Automobile Liability Insurance with minimum combined single limits of for bodily injury and property damage of not less than $5,000,000.00 each occurrence and $5,000,000.00 aggregate, inclusive of umbrella or exçess coverage, with respect to each of  products and completed operations.  (b)    Contractor's owned, hired or non-owned vehicles assigned to or used in the performance of the (c) The Contractor shall also comply with the provisions of the Worker's Compensation Act of Colorado. The Contractor shall procure and maintain during the life of the Contract complete Worker's and Employer's Liability in accordance with Colorado laws and regulations. The Town, its officers, or employees will not be responsible for any claims or actions occasioned by the failure of the Contractor to comply with the provisions of this paragraph. Before starting the work, Contractor shall file with the Town certificates ofs such insurance, acceptable to the Town. These certificates shall contain provisions that the coverage afforded under the policies will not be canceled or materially changed until at least fifteen (15) days prior written notice has been given (d) All policies shall bei issued by companies authorized to conduct business in the State of Colorado and shall be endorsed to include the Town and the Town's employees, officers and elected officials as additional insured and shall insure the Town in the same general forms and to the same general effect as the foregoing agreement of Contractor to indemnify and hold harmless the Town and certificates evidencing such insurance contracts shall be deposited with the Town. Limits provided herein shall be reviewed at annual intervals from the date hereof and may then be adjusted, at the option of the Town, to the same limits of liability as are specified in the Tort Claims Act and the Governmental Immunity Act. The policy must contain aj provision requiring thei insurer tor notify the Town at least thirty (30) days prior to cancellation oft the policy. (e) Thej parties hereto understand and agree that the Town is relying on and does not waive or intend to waive by any provision of this Contract, the monetary limitations of or any other rights, immunities andj protections provided by the Colorado Governmental Immunity Act, as from time tot time amended, which is available to the Town, its officers ori its employees.  services.  tothe Town.  II  SPECIFICOBLICATIONS: OFTHETOWN  18. PAYMENT TO CONTRACTOR  Subject to revisions inj payment schedules which may be made pursuant to Paragraph 22 hereof the Town agrees to pay, and the Contractor agrees to accept in full payment for the residential collection work to be (a) Eleven dollars and 49/100 dollars ($11.49) per month for each residence using the Refuse collection services of the Contractor. The Contractor shall be paid eight dollars and 49/100 dollars ($8.49) for (b) The first four (4) pulls of the 30yd dumpsters during the fall and spring clean ups shall be free of charge. Thereafter, the Town shall be charged at two hundred eighty-three dollars ($283.00) per pull. There will also be additional charges for special wastes, tires and appliances in accordance with the (c) Twol Hundred' Twenty-Five and No/1001 Dollars ($225.00) for each pull ofthel Roll-Offi Recycling Box (d) The first Christmas tree! per residence per years shall be çollected free ofc charge; Contractor may charge Nine dollars and 15/100 dollars ($9.15) per additional Christmas tree per household per year. The amounts paid to the Contractor shall be subject to escalation as provided in Paragraph 22. Except as provided herein, any taxes, licenses or other governmental fees and charges are the responsibility oft the Contractor, to be paid out of this payment, and no further or add-on charges will be paid by the Town; provided, however, that any taxes, licenses, or governmental fees or charges that are either (a)i imposed for  done, thei following:  each additional polycart at any residence;  proposal submitted by the Contractor to the Town; andt thel Front-Load Self-Dumping Recycle Cans;    the first time after the date oft this agreement, or (b) increased after the date of this agreement shall be directly passed through to the Town without any increase or mark-up by the Contractor. Payment to the Contractor for each month's services shall be made nol later than ten (10) days after the end of the month in which such services were rendered. All billing of individual residential customers shall be the obligation ofthe Town andt the Contractor shall not have any obligation to bill residential customers. The Contractor shall provide the Town with al list oft those residences being served on a monthly basis and that shall serve as the basis for the payment from the Town tot the Contractor. (e) 2cubic ydi front load dumpsters on weekly pickup service- $39.95 per month. 6yd cubic yd frontl load dumpsters on weekly pickup service $99.95 peri month. Town agrees toi make such modifications to its Refuse ordinance as shall be necessary toi implement the  19. TOWNI REFUSE ORDINANCE terms ofthis Contract.  IV  MUTUALAGREEMENTS  20. INTERRUPTION OF: SERVICE  An interruption ofs sanitation service due to the request ofa customer lasting less than fourteen (14) days will be deemed a continuation of service for the entire month and will not be the subject of credit on the customer's billing. Interruptions of service requested by the customer of greater than fourteen (14) days 21. DUTY OF CONTRACTOR TO NOTIFY TOWN OF CONDITION OF STREETS Contractor agrees to cooperate with Townl by notifying Town ofs any problem areasi ins streets and alleys. Contractor shall notify the Town Manager in writing ofanys street or alley which isi impassable.  willl be adjusted ont the customer's billing on ap pro1 ratal basis.  22. RATE CHANGES (a)  Escalation.  a. The rates paid to the Contractor by the Town as previously specified shall be subject to escalation or reduction annually on the anniversary of the effective date by the annual change in the CPI, such adjustment not to exceed three and one half(3 1/2) for the first two (2) years and four percent (4%) pera annum thereafter (the' "CPI Adjustment"). b. In addition, in the event that Contractor's documented fuel costs from the beginning of the preceding contract year to the end oft the preceding contract year exceed the CPI, Contractor shall be entitled to ana additional increase (the "Fuel! Increase") calculated as follows: 1. Determine the fuel attributable to the operations pursuant to this contract. 2. Subtract the CPI Adjustment from the percentagei increase in the documented: fiuel costs derived above to arrive att the "Fuel Increase Index". 3. Multiply the Fuel Increase Index by the documented fuel costs, and multiply that product by the fuel attributable to the operations attributable to this contract to  arrive at the Fuel Increase.  For example, if the documented increase in fuel costs from the beginning oft the preceding contract year to the end of the preceding contract year is 10%, and the CPI is 3%, then the Fuel Increase Index is 7%. Ifthe total fuel costs for the preceding year were $500,000, and the fuel attributable to this contract is 2%0 oft that amount, then the Fuel Increase tol be paid by the Town is 10%-3% (b) Effectivel Date ofIncrease. Anyi increase as provided above willl be effective. January 1 ofthe subject year. The Contractor willf furnish to the Town on or before 90 days earlier than the above date of each year the appropriate documentation for the proposed increase. The Town will notify  =7%x 500000x26-5700.00.    the Contractor of any objections tot the increase on or before 30 days after Contractor provides notice and agrees to endeavor in good faith toa fair andi reasonable increase that is supported! by (c) Town's Discretion. Nothing contained herein: shall restrict in any way the Town's full exercise of discretion. in establishing charges toi its citizens for Refuse collection and disposal services to any  appropriate documentation: firom the Contractor.  premises in the corporate limits oft the Town of Bayfield.  23. PERFORMANCE STANDARDS  Subject to the right of the Contractor to appeal to the Town Board for abuse of discretion, the Town Manager shall have the right to accept or reject performance or workmanship, and to determine whether the This contract shall not be assigned by the Contractor either voluntarily or by operation of law without the prior written consent oft the Town. In the event the Contractor becomes insolvent or bankrupt then the rights authorized hereby shall be immediately canceled and annulled and the Town shall have the right to take over said business or substitute another Contractor in its place and stead in the manner provided by Contractor shall not subcontract or assign any portion oft the work or services under this agreement without (a) The parties mutually agree and recognize that for thel health, safety, and well-being oft the residents oft the Town of] Bayfield it is necessary to have an efficient, regular and continuous garbage and Refuse collection service. It is further recognized that alleviation or cessation of such service entered for even a short period of time adversely and materially affects the health of the people (b) In the event that either party fails to perform any of the provisions hereof, the non-breaching party shall give the breaching party written notice specifying the provisions hereof that have been breached or defaulted. The breaching party shall have ten (10) days from receipt of such notice from the non-breaching party within which to correct any such breach or default. Ini the event that the breaching party does not make such correction within said ten (10) day period as hereinabove provided, then thei non-breaching party may order the termination oft the Contract (and, in the case of the Town being the non-breaching party, after public hearing upon the matter of Contractor's default before the Town Board following not less than five (5) days' notice of such hearing to the (c) In the event of Contractor's default as provided herein, the Town may, in addition to any other remedy provided for herein, take possession of the Refuse containers and make any arrangements it deems proper to have the accounts serviçed in a substantially comparable manner as required by the Contractor hereunder. The Town shall then be allowed to collect, in addition to any other  Contractor. has complied with the condition oft the Contract.  24. ASSIGNMENT  law.  25. SUE-CONTRACTORS  thej prior written consent of the Town. 26. DEFAULT AND TERMINATION  and the: sanitation oft the Town.  Contractor).  damages, all costs incurredi in servicing the accounts.  V  MISCELLANEOUSPROVISIONS  27. ILLEGALALIENS.  (a) Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does no knowingly employ or contract with an illegal alien and that Contractor has participated or attempted to participate in the basic pilot program administered by thel U.S. Department of    Homeland Security in order to verify thati it does note employ any illegal aliens.  (b) Prohibited Acts. Contractor shall not:  1. Knowingly employ or contract with ani illegal alien toj perform work under this Agreement; or 2. Enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work  under this Agreement.  (c) Verification.  1. Contractor has verified or attempted to verify through participation in the E-Verify program administered by the U.S. Department of Homeland Security that Contractor does not employ 2. Contractor shall not use E-verify program procedures to undertake pre-employment screening 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with ani illegal alien, Contractor shall: .Notify the subcontractor and the Town within three (3) days that Contractor has actual knowledge that thes subcontractor is employing or contracting with an illegal alien; and ii. Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph () hereof, the subcontractor does not stop employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor ifd during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted  any illegal aliens.  ofjob applicants while this Agreement is being performed.  with ani illegal alien.  (d) Dutyto Complywith) Investigations. Contractor shall comply with any reasonable request byt the Colorado. Department of] Labor and Employment made int the course of an investigation conducted pursuant toC.R.S. $8 8-17.5-102(5)a) to ensuret that Contractor is complying with the terms ofthis Agreement. This Contract is subject to the limitations now or hereafter provided by law. The Town reserves the right to alter and amend the ordinance and the Bayfield Town Code in any manner necessary for the safety and welfare of the public, or to protect public interests; provided, however, that no such alteration shall operate to infringe on the rights of Contractor as such rights exist at the time of execution oft this Agreement. This Contract is subject to the provisions of the Constitution and laws of the State of Colorado and all Ifany provision oft the Contract shall be declared illegal, void, or unenforceable, the other provisions shall A letter addressed and sent by certified United States mail to either party at its business address shown herein above shall be sufficient notice whenever required for any purpose in this Contract. The address of the Town for the purpose of this Contract is: Town of Bayfield. Attention: Town Clerk, P.O. Box 80,Bayfield.CO 81122. The address oft the Contractor for the purpose  28. RESERVATION  ordinançes enacted by the' Town Board oft the Town ofl Bayfield. not be affected but shall remain in fulli force and effect.  29. ILLEGALI PROVISIONS  30. NOTICE  ofthis Contract is: 201 Idaho Ave. Bloomfield. NM 87413    31. NUMBER OF COPIES oran original for all purposes. 32. LAWTO GOVERN performance. 33. MODIFICATION parties hereto.  This Contract may be executedi in any number ofcounterparts, all ofwhich shall have full force and effect This Contract shall be governed by thel laws oft the State of Colorado, both as to interpretation and  This Contract constitutes the entire agreement and understanding between the parties hereto, and its shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the The failure of either party at any time to require performance by the other party of any provisions hereof shall in no way affect the rights of each party to enforce same, nor shall waiver of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver All dealings, contracts, etc., between the Contractor and the Town shall be directed by the Contractor to the IN WITNESS WHEREOF, the parties have hereunto set their hands ands seals this zhe Novcmbar  34. RIGHTTO, REQUIRE PERFORMANCE  ofany provision itself. 35. POINT OF CONTACT Town or designee. 2019.  TOWNOFBAYFIELD: Auball Mayor  Attest:   ILHberh  CONTRACTOR TRANSIT WASTE,LLC mDKL - - Dovid Babyewburg  Attest: