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HomeMy Public PortalAboutBox 505 REK #1 V.C. SOLID WASTE COLLECTION AGREEMENTEXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT THIS AGREEMENT is made and entered into effective the 1st day of October, 2003, by and between Lakeshore Disposal, Inc., an Idaho corporation, with an office at 200 Industrial Loop, P.O. Box 2350, McCall, Idaho, 83638, (hereinafter called "Contractor"), and Valley County, Idaho, P. O. Box 1350, Cascade, Idaho, 83611 (hereinafter called "County"). WITNESSETH WHEREAS, the County of Valley, is charged by law with the duty of providing for the preservation and protection of the Health and Welfare of its inhabitants, and has the power and authority to regulate, control and provide for solid waste disposal under powers conferred by the laws of the State of Idaho; and, WHEREAS, the said County is authorized by law to enter into an exclusive contract to provide solid waste collection within Valley County; and, WHEREAS, the Board of County Commissioners of Valley County ("the Board") find it to be in the best interests of the inhabitants of Valley County to enter into an exclusive contract for the collection and transportation of solid waste, to a disposal site(s) designated by the County, for reasons which include but are not limited to the Board's interest in providing a consistent, safe, and reliable level of service to all County inhabitants, with the least exposure to the County and its inhabitants to the risks associated with said collection and transportation; and, WHEREAS, the Contractor has demonstrated its ability to provide such type and level of service on a County -wide basis, by means of its performance pursuant to the terms of the Contractor's existing Contracts; WHEREAS, in awarding this Exclusive Contract, the Board has considered factors which include the following: Contractor's established record as a solid waste Contractor; the amount, type, age and operational history of the equipment and vehicles owned by the Contractor; the experience and stability of Contractor's employee base; Contractor's safety record; and, Contractor's proposed rate structure; and, WHEREAS, the Board finds that the protection of the public health, safety, welfare and property necessitate and justify an exception to competitive bidding procedures, as is expressly authorized by Idaho Code Section 50-344(2), for reasons which include but are not limited to those stated above and the following: 1. that the current solid waste contracts were the product of a competitive bidding process; 2. that the complexities of the legal requirements and liabilities associated with solid waste collection, processing and transportation activities do not lend themselves to a traditional public bidding process, and require an ongoing, flexible EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 1 relationship between the County and the Contractor; and, 3. that given the significant level of growth currently anticipated by the County, continuity of service and commitment to a demand -based capital investment and upgrade schedule is critical to the public's aforesaid interests. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained on the part of each party to be kept and performed, and of the mutual benefits accruing to each party hereto, it is hereby agreed by and between the parties as follows: 1. GRANT OF CONTRACT AND TERM: Valley County hereby grants Contractor an exclusive contract for solid waste collection in all areas of Valley County, State of Idaho except those areas specifically described in Section 3 herein, for the period of ten (10) years, beginning on the 1st day of October, 2003 and continuing through the 30th day of September, 2013. Upon the termination of this Contract, providing that Contractor completed such term in good standing under the terms of this Contract, then Contractor shall have a Right of First Refusal regarding any contract for solid waste collection in Valley County into which the County intends to enter for a period of one (1) year following the termination, as follows: the County shall notify Contractor of the specific terms and provisions of the proposed Contract; and, Contractor shall have fifteen (15) days after receiving such notice to notify the County in writing whether Contractor intends to exercise its Right of First Refusal, and perform the proposed Contract according to its terms. Contractor's failure to provide such notice to the County, as aforesaid, shall constitute a waiver of its Right of First Refusal. 2. CONTRACTOR'S RESPONSIBILITIES -GENERAL: The Contractor shall collect and transport to a designated site certain solid waste generated within the County of Valley as defined by the Idaho Solid Waste Management Regulations and Standards for which the County has accepted responsibility, as further defined herein. Contractor's responsibilities are more specifically listed in Section 5. 3. LAWS AND ORDINANCES: The Contractor hereby agrees that the operation of the collection and transporting of all solid waste collected pursuant to this agreement shall be accomplished in accordance with all existing laws, regulations and ordinances and future amendments thereto or amendatory acts hereinafter passed, it being understood that this agreement is subject to the police power of the County to amend said ordinances and/or pass additional ordinances as may be necessary for the preservation and protection of the Health and Welfare of its inhabitants. 4. COUNTY'S RIGHTS: a. The County reserves the right to, and may at its option, require the separation of garbage, rubbish, recyclable material, or other components of solid waste, require the deposit thereof in separate containers, and prescribe the method of disposal thereof. The County also reserves the right to issue further regulations for the placement and disposal of recyclable materials. The Contractor shall cooperate at all times with EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 2 efforts to promote recycling of products in the separation, transportation, and deposit of identified recyclable materials. Any extra work or equipment required to handle recyclable materials, over and above the services and equipment required for Contractor's performance of the solid waste collection services called for by this Agreement, will be subject to a separate Agreement between the County and the Contractor. b. The County reserves the right to limit certain items from being included in the waste received at the Materials Recovery Facility. The Contractor shall not co -mingle the following items with the other waste in the collection vehicles: (i) Liquid paint containing oil or lead base; (ii) Bulk liquids (those liquids found in bulk storage containers); (iii) Used oil; (iv) Batteries; (v) Whole tires; (vi) Hazardous waste in non -household quantities; (vii) CFCs in refrigerators, compressors, or from car air conditioners; (viii) Large scale scrap metal such as car bodies, equipment frames; (ix) Asbestos; (x) Medical wastes; and, (xi) Other items not specifically identified in this Contract that may be restricted in the future by the regional landfill to which the waste is transported, or by federal, state, or local laws or regulations. c. The County hereby excludes the following areas of Valley County from the provisions of this agreement: (i) An area in north Central Valley County known as "The Barkell Ranch" area and more particularly described as follows: (1) (2) (3) All of T.20N., R.7E., B.M., All of T.21N., R.7E., B.M., and All of T.21N., R.8E., B.M. (ii) Areas in remote parts of the County where private property is isolated by U.S. Forest lands and access is somewhat restricted such as the Silver Creek Plunge area, Deadwood Reservoir area, Big Creek/Edwardsburg area, Bear Valley, Pistol Creek, and similar areas. 5. CONTRACTOR'S RESPONSIBILITIES: a. The Contractor shall furnish all labor, tools, vehicles, and equipment necessary for collecting and transporting all Solid Waste included in this agreement and shall be responsible for all required maintenance thereof New or used equipment and vehicles shall be specifically suited for the service intended. The equipment and maintenance thereof will be to a standard such that EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 3 the proper service will be performed on a timely basis according to the approved schedule without undue delay due to equipment or vehicle failure. b. The Contractor shall be required to maintain an office provided with a telephone and such attendants as may be necessary to take care of all complaints, orders for special service, billing, and collection of accounts. The Contractor shall further provide an answering service or recording devices for phone calls during other than ordinary business hours and shall establish and maintain a system for following up and checking on all complaints or requests made to Contractor. Contractor shall provide local management satisfactory to the County. c. The Contractor shall maintain adequate collection equipment for the County, with a minimum of fourteen (14) collection trucks, licensed and immediately available for use. The exterior of each vehicle shall be painted with a recognizable pattern common to all, maintained in a reasonably clean and neat appearance, with the Contractor's name and telephone number prominently displayed. d. Employees collecting solid waste shall be required to follow the regular walks for pedestrians while on private property. No trespassing by employees will be permitted, or the crossing of property to neighbors' premises, or meddling or interference with customers' personal property. e. The Contractor shall provide operating and safety training for all its personnel at a standard acceptable to the County. The Contractor shall also adopt and enforce a drug and alcohol abuse policy and screening program in accordance with applicable guidelines, laws, regulations and acceptable to the County. f. Special arrangements at no additional charge will be made possible for physically disabled persons who live alone. For purposes of this agreement, a physically disabled person is one who cannot carry waste in containers to the point of pickup. This is to be considered as part of the Contractor's public service program. g. The Contractor shall not commence work under the contract until it obtains all insurance required under this Agreement and furnishes a certificate or other form showing proof of current coverage to the Board of County Commissioners, Valley County. All insurance policies and certifications must be signed copies by companies authorized to do business in the State of Idaho. h. The Contractor shall obtain and keep in force during the term of the Contract, general liability, and automobile liability insurance with policy limits of not less than $5,000,000 per occurrence for bodily injury and $5,000,000 per occurrence for property damage liability, with a total annual policy limit of not less than $5,000,000. Such liability coverage must not contain any exclusion for sudden and accidental pollution (whether denominated as such or described otherwise) of, or discharge of materials into, the environment, resulting from the collision or overturn of vehicles. Each such policy shall contain a statement of the insurer's obligation to notify the County at least thirty (30) days prior to cancellation. The County shall be named as an additional insured in all such policies. In the event that Contractor enters into other Agreements with the County for other related services, EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 4 which Agreement(s) requires insurance, then Contractor shall be entitled to satisfy all said insurance requirements with one policy, provided that its coverage and limits satisfy the requirements of the Agreements. Policy limits in such case shall be in the amount specified by the Agreement which requires the highest limits. The Contractor shall maintain during the life of this Contract, Workmen's Compensation Insurance for all of its employees, and in case of any work that is sublet, the Contractor shall require the subcontractor, similarly, to provide Workmen's Compensation Insurance for all of the subcontractor's employees, unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in work under this Contract is not protected under Workmen's Compensation statutes, the Contractor shall provide and shall cause such subcontractor to provide compensation insurance in an amount equal to that provided by the Workmen's Compensation statute for the protection of his employees not otherwise protected. i. The Contractor's insurance coverage shall recognize the indemnity specified in Section 6 of this Agreement. j. The Contractor will be required to obtain and provide proof of having obtained all state, interstate, County and City licenses and permits necessary to perform the Contractor before commencement of the work. k. In the event that Contractor enters into other Agreements with the County for other related services, which Agreement(s) require insurance, the Contractor shall be entitled to satisfy all said insurance requirements with one policy, provided that its coverage and limits satisfy the requirements of the Agreements. Policy limits in such case shall be in the amount specified by the Agreement which requires the highest limits. 6. RESPONSIBILITY FOR SOLID WASTE/INDEMNIFICATION: After acceptance by Contractor of the Waste Material, County shall be relieved from any further obligation with regard to its transportation. Contractor hereby agrees to indemnify and hold County harmless from and against any and all loss, cost, damage, suit, liability, claim, settlement cost and expense (including, but not limited to, reasonable investigation and legal expenses), as incurred, resulting from any claim for loss or damage to property, including Contractor's or County's property, and injuries to or death of persons, including Contractor's or County's employees, resulting from the work performed by Contractor under this Agreement, including, but not limited to, damages caused by sudden pollution from vehicle collision or overturn and shall, at is option, defend County at Contractor's sole expense in any litigation involving the same, provided, however, that such indemnification and hold harmless shall not apply to claims for loss, damage, injury or death caused by the negligence of County. 7. SEVERABILITY CLAUSE: In the event any portion of the Contract or any part thereof shall be determined by any Court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions thereof, or parts thereof, shall in no way be affected, impaired or invalidated thereby, it being understood that such remaining provisions shall be construed in a manner most closely approximating the intention of the parties hereto with respect to the invalid, void or unenforceable provisions or part hereof. EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 5 8. PROPOSED PLAN: The Contractor shall submit a plan showing all collection routes within the County, said plan shall include the day of collection for each route and shall show holidays observed and the collection service day when a holiday falls on a regular collection day. The Contractor shall post in the County Courthouse and in the Star News and the Advocate, at least once each year, a schedule 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 materially changed without the approval of the Board of County Commissioners. 9. CONTRACTOR'S COMPENSATION: a. All fees for solid waste collection for the residents of Valley County shall be charged according to the rate schedule as hereinafter set forth, in the attached Exhibit "A". The County may impose additional charges for administrative purposes, such as tipping or gate fees at the Materials Recovery Facility. b. The rates specified herein shall be reasonably adjusted upon a request from Contractor demonstrating that Contractor's direct cost of performing its responsibilities under this Agreement have increased (i.e., cost of fuel, insurance, labor, equipment, and/or materials). Such requests shall not be made more frequently than annually and shall be made on or before May 1 for adjustment commencing the following October 1. Only those costs beyond Contractor's control will be eligible for consideration. c. Any rate adjustment approved by the Board of County Commissioners shall become effective on the Contract anniversary date, which shall be October 1, annually. 10. BILLING AND COLLECTION: a. The Contractor shall be responsible for billing and collection of all accounts. The billing may be for pre -payment in monthly, bi-monthly, or tri-monthly cycles for residential customers and monthly cycles for commercial customers. 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 County representative, if requested, a complete monthly billing record showing customers name, address and amount billed and showing a summary of the total amount billed and the total of each type of service listed in Exhibit "A". b. Rates and schedules shall be in accordance with Exhibit "A" and the approved plan as required in prior sections of this agreement. The rates in Exhibit "A" shall provide for the collection of solid waste at the agreed upon location and schedule in one container of the size specified in Section 20, whether it is full or not. c. From time to time the Contractor will likely receive requests for services that, because of peculiar requirements or circumstances, are outside the scope of the approved rates and schedule. In such case the Contractor and customer shall negotiate the rate and schedule for the desired service. d. From time to time the Contractor may encounter multiple containers or solid waste on or around containers such that the total volume exceeds the maximum allowed per service. The Contractor may, at his option, collect the additional volume EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 6 with no additional charge, collect the additional volume and bill the customer immediately for the additional service at the rate in Exhibit "A", or leave the additional waste on customer's property until proper arrangements are made. In order to reduce the potential for litter and nuisance, customers will be encouraged to call in advance for the additional service when needed. e. The Contractor may, once a year, participate in spring clean-up events as a part of Contractor's public service program. Said event will be coordinated with the various communities in Valley County and the County's Representative. The program may include reduced rates to customers or other incentives to be negotiated with the County or participating community. f. Customer complaints regarding any aspect of the performance or lack of performance, of the Contractor under this agreement may be referred by either party to the Board, or a representative designated by the Board, for determination of a fair and equitable adjustment or solution. g. The occupant of the premise shall be the owner of the waste that is generated on that property for purposes herein. See Section 19 below for further information about ownership of waste. The occupant shall also be the customer when he requests service from the Contractor whether he is owner, tenant, leaseholder, etc. of the property. In certain situations, as in the case of home owner associations, condominiums, townhouses, apartments, malls, etc. where multiple occupants share in a common waste collection program and are represented by a designated agent to conduct business for their common good, then that agent will be the customer and owner of the waste unless the actual generator can be identified. A building Contractor is the occupant of the property until the occupancy permit is issued by the Building Department. 11. LIMITATIONS OF SERVICE: a. Contractor may refuse to pick up materials from locations where, because of the condition of the streets, alleys or roads, it is impracticable to operate vehicles. Contractor may refuse to drive into private property when, in Contractor's judgment, driveways or roads are improperly maintained or without adequate turn coverage or contain other unsafe conditions. Contractor may refuse service when a customer fails to comply with the customer's contract requirements or other applicable waste regulations. b. Contractor may adjust its routes and schedule to be compatible with snow plow operations during the winter. When service is not provided on a particular day due to snow accumulations or other weather related events, Contractor will provide the service the next scheduled pickup day. This shall be included on the posted schedule. c. Contractor will not stop to make a collection in a traffic lane of Highway 55 or even near enough to a traffic lane so as to obstruct traffic operating along the Highway or constitute an undue threat to Contractor's personnel. Contractor and customers along Highway 55 will agree to a safe location for making the collection. d. Contractor will not be required to pickup material while an animal considered or feared to be dangerous is loose. The customer will be required to confine the animal on pickup days. e. Contractor does not warrant pickup at any particular hour. f. Contractor assumes no responsibility for articles left on or near cans. EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 7 g. Accounts requiring return trips due to the unavailability of material to be collected for reasons within the control of the customer, will be assessed a charge in addition to regular charges. h. When garbage or refuse contains materials such as concrete, hot ashes, or any other materials requiring special equipment or precautions in handling and disposal, the customer may be assessed a charge in addition to regular charges. Said charge will be negotiated prior to loading. This section includes the handling of those items that cannot be co -mingled as described in Section 4 or regulated as described in Section 13. A part of the charge for collection will include the gate fee that will be charged at the Materials Recovery Facility for non -household waste. 12. OVERTIME PERIODS: When a customer requests service on Holidays, Sundays or other overtime periods, such service shall be subject to good -faith negotiation between Contractor and the customer. For the purpose of this rule holidays shall be County holidays. When any holiday above mentioned falls on Sunday, the following Monday will not be observed. 13. HAZARDOUS MATERIALS, LARGE ITEMS AND NON -HOUSEHOLD WASTE: a. The Contractor shall not transport to the transfer site, hazardous materials or substances such as poisons, acids, caustic and explosives, toxins or toxic materials, medical wastes, wearing apparel and bedding or other solid waste from any place such as hospitals or any premises where highly infectious contagious disease has prevailed, asbestos or materials containing asbestos, or radioactive materials. All requests for collection of any hazardous materials shall be referred directly to the Board or its designated Representative by the Contractor. b. The Board or its designated Representative shall also be contacted by the Contractor when regulated items that cannot be collected, co -mingled, or transported to the Materials Recovery Facility appear at any customer's container. Said materials will be left on customers property and the Contractor shall immediately notify the customer who will be responsible for proper handling of the waste or making proper arrangements with Contractor. A part of the charge for collection will include the gate fee that will be charged at the Materials Recovery Facility for non -household waste. c. The Contractor shall not be required to collect waste building materials from construction, alteration, repair, moving or demolition of buildings or structures, nor large objects, such as but not limited to, tree stumps, tree trunks, large limbs or logs, automobiles or truck bodies, tires, couches, refrigerators, bulky appliances, carpets, water heaters, industrial or agricultural refuse, hot ashes, animal feces, dead animals, et cetera. When such service is requested, rate(s) will be negotiated prior to loading at Contractor's option. d. The Contractor shall not be required to collect non -household waste items on regular collection routes and/or co -mingle them with the household waste in his collection vehicles. Household waste will be received at the Materials Recovery Facility without a gate fee charged. Non -household waste and co -mingled loads containing non - household waste will be charged a gate fee. EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 8 14. COLLECTION: a. The Contractor shall provide established collection routes to those residents of Valley County who request solid waste collection service. The routes and schedule shall be shown on the approved plan in accordance with Section 8. The rates for customers on established rural collection routes shall be charged according to the rate schedule, in Exhibit "A". Summer routes may vary from winter routes on the approved plan. Summer routes will be operated from May 1 through October 31 each year, depending on road conditions. b. The established collection routes shall provide service to all of Valley County including all the cities, unincorporated communities, neighborhoods, and rural areas except those areas specifically excluded in Section 3 and the City of Cascade, Idaho. c. The Contractor shall provide special collection routes to county owned transfer stations at Warm Lake and Yellow Pine as follows: (i) Warm Lake Transfer Station: The Warm Lake Transfer Station is located on U.S. Forest Service property on the east side of the South Fork Road approximately '/4 mile north of Warm Lake Road. A small frame building with chain link fencing and gates enclose the waste collection area. An attendant paid by the County manages the site. The Contractor shall furnish a minimum of four (4) ten -yard dumpsters inside the station from the first week of May to the first week of November of each year and shall collect the waste deposited therein on a weekly basis according to the approved schedule and the rates shown in Exhibit "A". The Contractor shall bill the County for this service. The Contractor shall promptly notify the Board, or its designated Representative, regarding any accumulation of regulated wastes or any other waste not collected on any particular trip. Title to the waste shall pass to the Contractor when placed in his collection vehicle. (ii) Yellowpine Transfer Station: The Yellowpine Transfer Station is located on U.S. Forest Service property on the east side of the Johnson Creek Road approximately 3 miles south of Yellowpine. The station is constructed and manned just like the Warm Lake Station. The Yellowpine Station is operated year around: (1) Summer Operations: The Contractor shall furnish a minimum of four (4) ten -yard dumpsters at the station from the first week of May to the first week of November of each year and shall collect the waste deposited therein on a weekly basis according to the approved schedule and the rates shown in Exhibit "A". The Contractor shall bill the County for this service. (2) Winter Operations: The Contractor shall furnish a minimum of four ten -yard dumpsters at the station from the first week of November to the first week of May of each year and shall collect the waste deposited therein on an as -needed basis according to the approved schedule and the rates shown in Exhibit "A". The Contractor shall bill the County for this service. The Contractor shall notify the Board, or its EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 9 designated Representative, regarding any accumulation of regulated wastes or any other waste not collected on any particular trip. Title to the waste shall pass to the Contractor when placed in his collection vehicle. iii) The County may alter the above requirements because of weather conditions, road conditions, need for additional service, etc. Such notices to the Contractor shall be in writing and shall include adjustments to be made in billing based on rates in Exhibit "A". (iv) The Contractor shall also establish service to other customers along this special route including, but not limited to: the lodges at Warm Lake; Church camps at Warm Lake; The U.S. Forest Service at Krassel, Landmark and Johnson Creek Guard Stations; R.V. Park, commercial and mining companies at Yellowpine and Stibnite, and other locations at which collection service may be required, according to the approved schedule and rates in Exhibit "A". 15. CONTRACTOR'S FAILURE TO PERFORM: a. Contractor shall be in default of this Agreement in the event that Contractor fails to provide collection and pickup service for a period of two (2) consecutive established residential pickup schedules, or fails to operate in accordance with this Agreement for a period of two (2) consecutive weeks. In the event that Contractor fails to resume service and take all steps reasonably necessary to address the consequences to its customers and the County of the default, within thirty (30) days after receiving written notice of the default from the County, then this Agreement may be terminated by the County. b. Penalty Clause: A penalty of Five Hundred Dollars ($500.00) per day, may be assessed against the Contractor by Valley County for failure to perform duties and/or responsibilities as required by this Contract, and the Contractor hereby consents to such a provision for damages. 16. SANITARY CONTAINERS: a. Sanitary containers for residential accounts shall be receptacles of not less than twenty (20) gallon capacity with a total of not more than thirty-two (32) gallon capacity with a total combined weight of container and solid waste or recyclable materials not to exceed (60) pounds. Sanitary containers will be high impact plastic or metal containers which will prevent the free discharge of contents and shall not be subject to cracking or splitting. The Contractor has tipping equipment capable of mechanically handling residential and commercial ninety-five (95) gallon carts. The ninety-five (95) gallon carts will be specifically manufactured to be compatible with the collection vehicles. The Contractor will be required to furnish said carts. The expense of furnishing and renting the ninety-five (95) gallon carts will be included in the rates in Exhibit "A". b. Sanitary containers for commercial accounts will be specifically suited for the intended purpose. All containers will be owned and supplied by the Contractor, and will be rented on the established rental fee in Exhibit "A". Customer care shall be adequate to prevent or minimize odors, nuisances, rodents, fire hazards, dangers to the public and damage to the Container. The Contractor may require a reasonable EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 10 maintenance and damage agreement of customers to whom containers or special waste handling equipment are supplied. Said agreement form must be reviewed and approved by the County before it takes effect. c. It shall be the duty of the occupant of any premises at all times to keep, or cause to be kept, clean container(s) as defined above, and to deposit, or cause to be deposited therein, all solid waste generated on the property, except as otherwise provided herein. The occupant as owner of his waste, or the owner's agent shall have the further duty for the proper legal and timely disposal of the waste deposited therein. Proper legal disposal may be one of the following: 1. Request and pay for the services described herein as provided by the Contractor. 2. Transport occupants own waste to the Materials Recovery Facility or other disposal site designated by the County. 3. Transport occupants own waste to disposal sites outside Valley County. d. All containers shall be equipped with closefitting covers or otherwise closed to prevent the contents from being blown by wind or otherwise littered. e. Solid waste or recyclable materials shall not be compacted in a container to the extent of obstructing free and easy removal from the container. Contractor shall not be responsible to remove frozen material from containers. The County may require the placement of specified recyclable materials or regulated materials in separate containers so they can be managed properly without co -mingling with other waste. f. All containers shall be placed for collection outside of all buildings, and shall be placed in convenient places easily accessible by the collector; if no alley is conveniently available, such receptacle may be placed on street parking or sidewalk, at such places as agreed by the Contractor and customer. g. At other than commercial and alley pickup, all containers shall be placed and removed from the curb line of maintained city streets and county roads. Other service shall be provided if requested and charged for such service. h. The Contractor shall replace all containers upright where found, with lids on them unless specifically agreed to differently between the Contractor and the customer. Containers and lids shall not be placed or thrown on streets, alleys, highways, or on adjoining property. The area around the collection truck shall be left free from solid waste spilled during collection. The Contractor shall be responsible for removal of such spillage, but shall not be responsible for cleaning up conditions created by the resident and/or animals around such containers. i. If there is an animal which appears to be dangerous within the area, the Contractor shall not be required to enter the area, and the resident or owner shall be responsible for containment of such animal. Collection will be on the next regular collection day at no reduction of service fee. j. The Contractor shall not be required to service an underground container unless the person responsible for it places the container above ground prior to time of collection. k. Each customer shall provide safe access including snow removal to the solid waste containers without risk or hazard to the Contractor's employees, the public or the Contractor. Placement of containers during the winter months shall not interfere with EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 11 snow removal of city streets or county roads. 1. No container designed for mechanical pickup shall exceed the safe loading weights or volume as established by the Contractor to protect service workers, the customer, the public and the collection equipment. The Contractor may establish maximum load lines for unusually heavy materials or prohibit the placement of such materials in a container. m. Where a customer requires an unusual volume of service or a special type of service requiring substantial investment in equipment, the Contractor may require a contract with a customer as necessary to finance and assure the amortization of such equipment. The purpose of this provision is to assure that such equipment shall not become a charge against other ratepayers who are not benefited such as the handling of medical wastes from hospitals. n. Stationary compacting devices for solid wastes shall comply with federal and state safety standards and provide adequate protection to the user and the Contractor. 17. ASSIGNMENT OF AGREEMENT: Contractor may sell, assign or sublet this Agreement, and/or the whole or any portion of the work to be performed under this Agreement so long as the purchaser, subcontractor, or assignee has the capability to perform the services required hereunder in a manner comparable to Contractor. Assignment of the Agreement or any right occurring under it shall be made in whole or in part by the Contractor only with the express written consent of the County, which shall not be unreasonably withheld. In the event of any assignment, the assignee shall assume all duties, responsibilities and liabilities of the Contractor, and shall demonstrate compliance in all respects with the terms of this Contract. 18. OWNERSHIP: The occupant of the premises where solid waste is generated shall be the owner of said waste. Title to all solid waste shall pass to the Contractor when he accepts that waste by placing it in Contractor's collection vehicle or otherwise removed by Contractor from the customer's premise, whichever last occurs. When Contractor removes waste materials from customer's container and leaves it on the premise because it is regulated herein, title shall remain with the occupant of the premises or his agent. Title to all solid waste shall pass to the operator of the Materials Recovery Facility when it has been discharged from Contractor's vehicle onto the tipping floor or other location as directed by the operator. However, if the operator later discovers wastes that are regulated herein have been illegally placed in the Materials Recovery Facility and the original owner can be positively identified, then title shall continue in that owner and he will be responsible for the additional costs of special handling and proper disposal of the material and any material contaminated by that waste. 19. COUNTERPARTS: This Agreement may be executed in any number of counterparts, all of which shall have the full force and effect of any original for all purposes. 20. INTERPRETATION AND PERFORMANCE: This Agreement shall be governed by the laws of the State of Idaho, both as to interpretation and performance. 21. CERTIFIED MAIL: A letter addressed and sent by certified United States mail to either party at its business address shall be sufficient notice whenever required for any purpose of this Agreement. EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 12 22. HEIRS AND ASSIGNS: This Agreement shall be binding upon the heirs, administrators, executors, successors, or assigns of the parties hereto. 23. ATTORNEY FEES AND COSTS: In the event either party breaches this Agreement or a dispute arises between the parties hereto for interpretation or enforcement of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs. 24. ENTIRE AGREEMENT: This Agreement, together with its attachments, constitutes the entire Agreement and understanding between the parties on the subjects addressed herein. 25. SAVINGS CLAUSE: If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement but this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. IN WITNESS WHEREOF, the County has caused this Agreement to be executed by the Board of Valley County Commissioners and the Contractor has executed this Agreement effective the day and year first above written. VALLEY COUNTY BOARD OF COMMISSIONERS: By: Terr& Ge'strin, airman F. Phillip , Commissioner Bv/1 was W. Kerr, C,6 missioner EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 13 (seal) CONTRACTOR: LAKESHORE DISPOSAL, INC. By: 1 C'f4-f 711)+09) t e_et. Tony Totbrica LakeShore Disposal, Inc. P. O. Box 2350 McCall, ID 83638 EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 14 VALLEY COUNTY, IDAHO SOLID WASTE COLLECTION AGREEMENT EXHIBIT "A" RATE SCHEDULE 1. EFFECTIVE DATE: FROM October 1, 2004 2. Rates for *residential service within the corporate limits of Donnelly and McCall, per month: Type of Occupancy II Type of Service Curbside Drive In Carry out Individual ResidenceT $ 9.90 $11.55 $13.20 Apartment, Condo $ 9.90 $11.55 I $13.20 Mobile home in court) $ 9.90 $11.55 $13.20 95 Gallon Cart Rental $1.89 + 6% + Regular Rate $2.00 3. Rates for *residential service within the corporate limits of Cascade, Idaho, per month: Type of Occupancy Type of Service CurbsideDrive-Inl Carry 1 Individual Residence) $ 8.00 l'$10.00 f'$11.00 Apartment, Condo l $ 8.00 1 $10.00 1 $11.00 Mobile home in court) $ 8.00 l $10.00 l $11.00 95 Gallon Cart Rental $1.89 + 6% = Regular Rate = $2.00 11 it 4. Rates for *residential service in the rural areas of Valley County on regular collection routes, per month: EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 15 Type of Occupancy Individual ResidenceT Apartment, Condo Mobile home in court) Curbside $10.45 $10.45 $10.45 Type of Service Drive InfCarry Out II $14.03 $14.03 $14.03 95 Gallon Cart Rental $1.89 + 6% + Regular Rate = $2.00 5. Rates for residential service in the rural areas of Valley County on regular collection routes but less than five (5) customers per mile of travel are to be negotiated between Contractor and customer and approved by the County. 6. Rates for additional volume qualifying as residential waste in addition to the base allowance of 32 gallons or 60 pounds left at the customers approved collection point, per cubic yard per collection, if charged for by the Contractor. $ 7.00. 7. Rates for special handling of regulated wastes, other wastes not typical of residential waste, collection at special times or locations are to be negotiated between Contractor and customer. 8. Rates for the special collection route to Warm Lake and Yellowpine, Idaho, per collection: a) Base cost per trip to Yellowpine during the winter when the Warm Lake Station is not serviced and trips are scheduled once per month: $143.00. b) Base cost per trip to Yellowpine during the summer when the Warm Lake Station is serviced and trips are scheduled once per week: $143.00. c) Rental cost per month for each dumpster at each station regardless of the number of dumpsters except no rent will be paid when the Materials Recovery Facility is closed for the season: d) Cost for collection of waste per cubic yard per collection: $11.00. e) Service to all other customers along this special route shall be charged the rates in paragraph 5 or paragraph 9 herein, whichever is applicable. 9. Rates for Commercial Service: a) When commercial service is provided in cans meeting the requirements of residential service then the EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 16 rates shall be the same as the rates in the appropriate residential section above for service of one can per week. b) When commercial service is provided in cans but more than one can is used and/or more frequent collection is provided the following rates shall be added to the appropriate residential rate, per month: Number of collections per week No. of Cans 1X 2X 1 2 3 $14.03 $28.00 c) When commercial or other collection service is provided in containers the following monthly rates shall be charged according to the size of the container and the number of collections per week: Size Rent 1X 2X 3X 4X 5X 1 yd 10.00 30.01 43.20 56.40 69.60 82.80 1% yd 10.00 38.65 58.42 78.19 97.94 117.71 2 yd 10.00 50.78 77.18 103.58 129.98 156.37 3 yd 10.00 67.80 107.39 146.99 186.59 226.19 4 yd 10.00 88.72 141.52 194.32 247.10 299.90 6 yd 10.00 130.69 209.89 289.08 368.28 447.48 8 yd 20.00 185.22 290.82 396.42 502.00 607.60 10 yd 20.00 240.46 372.46 504.46 636.45 768.44 d) Rates for additional volume of qualifying waste, in excess of the volume of the container and left at the customers approved collection point on or about the container, per cubic yard per collection if charged for by the Contractor: $7.00 * Residential service shall include the collection of one container per week up to 32 gallon capacity or 60 pounds in weight containing materials that can be readily classified as household waste and not specifically regulated herein. ** Remote curbside is where customer has to transport his container to a convenient or accessible collection point away from his property. 10. For purposes herein and for purposes of exclusivity of service provided herein the terms household waste and waste qualifying as residential waste shall mean all that waste material normally generated at a household or a commercial establishment by common experience and that can reasonably be expected to be disposed of in the sanitary containers described herein as to size, weight, temperature, composition, etc. and specifically contains all putrescible wastes generated on the premise and is not otherwise regulated herein or in other laws or EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 17 ordinances governing the proper hauling and disposal of solid waste; and The terms non -household or other wastes not typical of residential waste shall include all of the following materials: a) Liquid paint containing oil or lead base; b) Bulk liquids (those liquids found in bulk storage containers); c) Used oil; d) Batteries; e) Whole tires; f) Hazardous waste in non -household quantities; g) CFC's in or from any refrigeration equipment; h) Large scale scrap metal such as car bodies, equipment frames, etc.; i) Asbestos; j) Medical wastes; k) Other items not specifically identified here or in Sections 3,12, or 14 herein that may be restricted in the future; 1) Concrete; m) Hot ashes; n) Hazardous materials such as poisons, acids, caustic and explosives, toxins or toxic materials, wearing apparel and bedding or other solid waste from any place such as hospitals or any premises where highly infectious contagious disease has prevailed, radioactive materials, etc. o) Waste building materials from construction, alteration, repair, moving or demolition of buildings or structures; p) large objects such as, but not limited to, tree stumps, tree trunks, limbs, logs, brush and other yard wastes; q) Furniture and appliances and other bulky household items such as, but not limited to, couches, refrigerators, freezers, ranges, washers, dryers, water heaters, carpeting and other floor coverings, etc.; r) Industrial or agricultural refuse; and, s) Dead animals, animal parts, feces, etc. EXCLUSIVE VALLEY COUNTY SOLID WASTE COLLECTION AGREEMENT - 18