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HomeMy Public PortalAboutBox 505 REK #1 C OF CASCADE SOLID WASTE COLLECTION AGREEMENTCITY OF CASCADE EXCLUSIVE SOLID WASTE COLLECTION AGREEMENT THIS AGREEMENT is made and entered into effective the 29th day of November , 2004, effective as of the 1st day of October, 2003, by and between the City of Cascade, a municipal corporation of the County of Valley, State of Idaho, hereinafter referred to as the "City", the County of Valley, hereinafter referred to as the "County", and Lakeshore Disposal, Inc. of McCall, Idaho, an Idaho corporation, with an office at 200 Industrial Loop, P.O. Box 2350, McCall, Idaho, 83638 (hereinafter called "Contractor"). WITNESSETH WHEREAS, the City of Cascade is, by law, charged with the duty of providing for the preservation and protection of health and welfare of the inhabitants of the "City", and has the power and authority to regulate, control and provide for the collection, hauling, transporting, keeping and disposing of all solid waste within the corporate limits of the city of Cascade under powers conferred by the laws of the State of Idaho, and as is provided by Title 5, Chapter 9, of the Cascade City Code and acts amendatory thereto; and, WHEREAS, the said County Commissioners of Valley County, State of Idaho, have entered into an Exclusive Valley County Agreement") dated / o all residents within Valley Coun Contractor; and, unty Solid Waste Collection Agreement (hereinafter "the i 3 , to provide solid waste collection for including the City of Cascade, hereinafter referred to as said WHEREAS, the Contractor has been awarded the exclusive rights for solid waste collection within Valley County, including the City of Cascade and desires to provide these services to the City of Cascade; and, WHEREAS, the City of Cascade deems it to be in the best interest of the inhabitants of said "City" to exercise control over the solid waste collection and transportation within the "City" limits, and to enter into an exclusive contract for the collection and transportation of solid waste, to a disposal site(s) designated by the County; and WHEREAS, said parties are desirous that the City of Cascade manage the collection and transportation of solid waste within the City of Cascade, and are desirous of amending certain portions of the agreement between the "County" and the "Contractor" to better suit the particular circumstances of the City of Cascade, as compared to the County as a whole. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the parties hereto, the parties agree as follows: 1. That the City of Cascade shall exercise control over solid waste disposal as the same pertains to the City of Cascade residents and inhabitants and the "County" consents to the same; and CITY OF CASCADE EXCLUSIVE SOLID WASTE COLLECTION AGREEMENT - 1 2. That the provisions of the Agreement are incorporated by reference into and made a part of this Agreement, in their entirety, except as modified below. 3. That, for purposes of this Agreement only, certain provisions of the County Agreement shall be and are hereby amended as hereinafter set forth: A. Whenever the word "County" appears in the County Agreement, the word "City" shall be substituted where necessary to accomplish the purposes hereof; and B. That Section 8 of the County Agreement shall be and is hereby amended to read as follows: The Contractor shall post at the Cascade City Hall and shall publish in the "Long Valley Advocate ", at least once each year, a schedule, approved by the Cascade City Council, showing the day of pick-up service for residential accounts and shall show holidays observed and collection days for such holidays. The schedule shall not be changed without approval of the Cascade City Council. C. That Section 9 appearing of the County Agreement is amended to read as follows: a. All fees for non-commercial solid waste collection for the residents and inhabitants of Cascade shall be charged according to the provisions of this Agreement. D. That Section 10, (a) of the Valley County Agreement shall be and is hereby amended to read as follows: a. The Contractor shall be responsible for billing and collection of all commercial accounts. The billing shall be done on a monthly cycle. It shall be the Contractor's responsibility to collect all unpaid accounts for services performed and to promptly refund or make adjustments on future bills for services paid for but not performed. The Contractor shall furnish to the City, upon request, a complete monthly billing record showing customer's name, address and amount billed. The City shall be responsible for billing and collection of all regular individual residential accounts, as well as all apartments, condominiums, mobile home courts or other multi -unit dwellings. The billing will be done in monthly cycles. The City shall pay to the Contractor on the last day of each month a sum equal to the amount collected by the City on such accounts during the preceding month, less a fee of $.50 per bill, and less any adjustments made (i.e. for services paid for but not performed). CITY OF CASCADE EXCLUSIVE SOLID WASTE COLLECTION AGREEMENT - 2 The Contractor shall be responsible for the billing and collection of any charges to residential accounts in excess of the regular monthly rate. The City shall make a reasonable effort to collect all delinquent and unpaid accounts, but shall not be responsible for payment of those accounts which cannot with reasonable diligence be collected. Costs incurred in collecting delinquent or unpaid accounts will be deducted from the payment made by the City to the Contractor. The City shall furnish to the Contractor upon request a copy of all utility accounts, payment records and such other records or documents as may be pertinent to the terms of this agreement. E. That Section 14 of the County Agreement shall be and is hereby amended to read as follows: 15. Collection: The contractor and the City shall negotiate a separate agreement establishing collection routes within the corporate limits of the City of Cascade. Title to waste shall pass to the contractor when placed in its collection vehicles. 4. That the rate schedule dated October 1, 2004 and referred to as Exhibit "A" to the County Agreement is hereby ratified, confirmed and approved and shall apply, except as follows: a. Rates for *residential service within the corporate limits of Cascade, Idaho, per month: Type of Occupancy Curb Side Drive In Carry Out Individual residence $ 8.00 $ 10.00 $11.00 Apartments, condos, Duplexes, each unit $ 8.00 $ 10.00 $11.00 Mobile homes in courts, $ 8.00 $10.00 $11.00 Each unit Lakeshore Disposal will provide free trash pickup for up to ten "hardship" cases, to be determined by the City Clerk. *Residential service shall include the collection of up to three cans (not to exceed 32 gallons in capacity each) per week containing materials that can be readily CITY OF CASCADE EXCLUSIVE SOLID WASTE COLLECTION AGREEMENT - 3 classified as household waste and not specifically regulated herein. 5. The contractor shall provide the following amenities to the City of Cascade: A. The contractor shall provide a six (6) month card board collection program within the City of Cascade. It will be one time per week, beginning May 1 through October 31 of each year. B. The contractor shall furnish two (2) thirty yard roll -offs for the City of Cascade's spring cleanup which occurs the first weekend in May. Tires, refrigerators will be charged according to Valley County Materials Recovery Facilities' rates. No construction debris will be allowed in the annual cleanup. C. The contractor shall collect City of Cascade's garbage cans inside the flower boxes one time per week. IN WITNESS WHEREOF, the parties have hereunto caused their respective names to be subscribed hereto and affixed their respective seals as o the day and years first above written. ATTEST: By: 01 r) C a.� _r CAe , City Clerk CITY OF CASCADE I j By: c t Mayor 6 VALLEY COUNTY BOARD OF COMMISSIONERS: By: Te . Gestrin, C iairman F. Plip Davis, Commissioner 1 sinner CITY OF CASCADE EXCLUSIVE SOLID WASTE COLLECTION AGREEMENT - 4 (seal) CONTRACTOR: LAKESHORE DISPOSAL, INC. By: (Gh I A j'i Tony Totckica LakeShore Disposal, Inc. P. O. Box 2350 McCall, ID 83638 CITY OF CASCADE EXCLUSIVE SOLID WASTE COLLECTION AGREEMENT - 5