HomeMy Public PortalAbout2013.07.01 Lakeshore Disposal Exclusive Agreement for Collection and Disposal of Solid WasteEXCLUSIVE AGREEMENT
FOR COLLECTION AND DISPOSAL OF SOLID WASTE
THIS EXCLUSIVE AGREEMENT FOR COLLECTION AND DISPOSAL OF
SOLID WASTE (this "Agreement") is made and entered into effective as of July 1, 2013, 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
CITY OF MCCALL, IDAHO, a municipal corporation of the County of Valley, State of Idaho,
with an office at 216 East Park Street, McCall, Idaho 83638 (hereinafter called "City").
WITNESSETH
WHEREAS, Pursuant to Idaho Code Title 50, Chapter 3, and McCall City Code Title 5,
Chapter 8, the City is charged by law with the duty to provide 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;
WHEREAS, City is authorized by law to enter into an exclusive contract to provide
Solid Waste collection within the City of McCall, Idaho;
WHEREAS, the City of McCall City Council (hereinafter called the "Council") find it to
be in the best interests of the inhabitants of City to enter into an exclusive contract for the
collection and transportation of Solid Waste, to a disposal site(s) designated by City, for reasons
which include but are not limited to the Council's interest in providing a consistent, safe, and
reliable level of service to all City inhabitants, with the least exposure to City and its inhabitants
to the risks associated with said collection and transportation;
WHEREAS, Contractor has demonstrated its ability to provide such type and level of
service on a City-wide basis, by means of its performance pursuant to the terms of Contractor's
existing agreements;
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. DEFINITIONS
For the purpose of this Agreement, the following terms, phrases and words shall have the
meanings given in this section. When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular, and words in the
singular number include the plural. The word "shall" is always mandatory and not merely
directory.
ASHES: The residue from the burning of wood, coal, coke or other combustible materials.
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BULKY WASTE: Any single object of Solid Waste exceeding four feet (4') in length and forty
(40) pounds in weight including, but not limited to, stoves, refrigerators, water tanks, washing
machines, furniture and other waste materials, other than Construction Debris, dead animals,
hazardous materials or Stable Matter, with weights or volumes greater than those allowed for
cans or carts.
CONSTRUCTION DEBRIS: Waste building materials resulting from a construction,
remodeling, repair or demolition operation, such as, but not limited to, mortar, plaster, scrap
lumber and wood shavings, with weights or volumes greater than those allowed for cans or carts.
CUSTOMER: Owner or manager of a business or manager of a multifamily residential complex
(Commercial Customer); owner or lessee of a residential property (Residential Customer) who
has contracted with Contractor for Solid Waste collection, transportation and disposal.
GARBAGE: Means and includes all animal and vegetable refuse from kitchens and other places
where food is prepared, all offal from fish, meat and vegetable markets, and all organic
substances unfit for food and subject to decay, specifically excluding dead animals.
HAZARDOUS MATERIALS: Any chemical, compound, mixture, substance or article which is
designated by the United States Environmental Protection Agency or appropriate agency of the
state to be "hazardous" as that term is defined by or pursuant to federal or state law.
EXCLUDED WASTE: Except as otherwise provided for in this McCall City Code, or this
Agreement, Excluded Waste means and includes Bulky Waste, dirt or earth debris from
construction or lawn renovation, rocks, stones, automobile bodies and parts, dead animals or
animal carcasses, Stable Matter, and Wastewater (sewage) and Recyclable Materials specifically
segregated from other Solid Waste for Collection. The City does not require Contractor to collect
or transport Hazardous Materials; however, the City is not responsible for determining when
Customers have left Hazardous Materials for collection or transportation.
RECYCLABLE MATERIALS: Newsprint, magazines, plastic containers, aluminum or other
metal cans, cardboard or other materials capable of being reprocessed into consumer materials,
or reused, and which have been segregated from other Solid Waste for collection.
REFUSE: All putrescible and nonputrescible solid or liquid wastes, except wastewater, whether
combustible or noncombustible, and whether required to be segregated pursuant to the Solid
Waste disposal regulations of the county's designated landfill, including garbage and rubbish.
RUBBISH: Means and includes all waste and refuse such as newspapers, magazines, wrappings
and other paper products, packing cases and materials such as straw, shavings, excelsior,
sawdust, and discarded clothing, metals, food containers, bottles, broken glass, ashes, lawn and
tree trimmings, cuttings, weeds and leaves from a residential property.
SOLID WASTE: Means and includes all useless, unwanted or discarded putrescible and
nonputrescible wastes which is not Excluded Waste as defined herein, unless such Excluded
Waste collection, transportation and disposal is requested by a Customer and specifically
accepted by Contractor. "Solid Waste" includes, but is not limited to, Garbage, Refuse, Rubbish,
Ashes, Construction Debris, shrubs, grass and lawn clippings, weeds, leaves, street cleanings,
and other residential, commercial, industrial and agricultural wastes. "Solid Waste", as defined in
this section, excludes hazardous materials and Recyclable Materials specifically segregated from
other Solid Waste for Collection.
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STABLE MATTER: All manure and other waste matter normally accumulated in or about a
stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals,
poultry or livestock.
WASTEWATER: Water carried wastes from residences, commercial or industrial
establishments, business buildings and other premises, containing polluted matter subject to
treatment at the wastewater treatment plant.
2. GRANT OF EXCLUSIVE CONTRACT AND TERM.
A. City hereby grants Contractor an exclusive contract for residential and
commercial Solid Waste collection, transportation and disposal in all areas of the City of McCall,
State of Idaho, for ten (10) years, beginning July 1, 2013, and continuing through June 30, 2023
(the "Initial Term"). This Agreement shall automatically renew for successive one (1) year
terms (each a "Renewal Term" and together with the Initial Term, the "Term") thereafter unless
either party gives written notice of termination by U.S. certified or registered mail, postage pre-
paid and return receipt requested, to the other party at least sixty (60) days prior to the expiration
of the Initial Term or any Renewal Term. Any such notice shall be sent to the other party's
address set forth on the first page of this Agreement, or any change of address communicated in
writing by the other party during the term of this Agreement. A Renewal Term shall become
effective (thereby extending the then -current term) upon either party's failure to give notice of
termination within the time period set forth above.
B. City may, in its sole discretion, enforce the exclusivity provisions of this
Agreement against third -party violators, taking into account the cost of doing so and other
factors. Contractor may independently enforce the exclusivity provisions of this Agreement
against third -party violators, including, but not limited to, seeking injunctive relief and/or
damages, and City shall use good -faith efforts to cooperate in such enforcement actions brought
by Contractor. City shall use its best efforts to adopt ordinances, rules or regulations that have
the effect of requiring third parties, including, without limitation, Customers, to comply with the
provisions of this Agreement, including, without limitation, the exclusive service rights granted
to Contractor pursuant to this Agreement.
C. The exclusive privilege granted by Section 2. A. of this Agreement shall
not apply to collection, transportation and disposal of Excluded Waste, or where person handles,
hauls, or transports Solid Waste or Recyclable Materials generated by or from his/her own
residence, business or business operations for purposes of disposing of same at an authorized
disposal area or transfer station.
D. This Agreement is not intended to, and does not affect or limit the right of
any person to sell any Recyclable Material to any person lawfully engaged in business, or to
donate Recyclable Material to any bona fide charity.
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3. CITY'S RIGHTS.
A. City reserves the right to 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. City also reserves the right to issue
further regulations for the placement and processing of Recyclable Materials. Contractor shall
cooperate at all times with efforts to promote recycling of products in the separation,
transportation, and deposit of Recyclable Materials. Any extra labor 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 contemplated by this
Agreement, may be subject to a separate Agreement between City and Contractor.
B. City reserves the right to initiate a franchise agreement with Contractor at
anytime during the term of the contract. Any franchise fees would be passed on the Customer at
the time of the franchise agreement adopted by the Council.
4. CONTRACTOR'S RESPONSIBILITIES.
A. Contractor shall collect and transport all Solid Waste generated in the City
of McCall, Idaho and set out for collection in Contractor supplied bear -proof waste containers as
provided for in this Agreement, in accordance with all applicable 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 City to amend said ordinances
and/or pass additional ordinances as may be necessary for the preservation and protection of the
health, safety and welfare of its residents.
B. The waste materials to be collected and transported by Contractor pursuant
to this Agreement consist of all Solid Waste generated within the corporate limits of the City of
McCall; provided, however, that this specifically excludes materials placed by the City, residents
and businesses within the City of McCall in Contractor's equipment or place for collection which
are Excluded Waste.
C. Contractor is not required to collect Solid Waste which is not located
within an approved container with the exception of bags of yard debris, such as lawn clippings,
pine needles, cones, or shrub trimmings. Contractor is not required to collect tree trunks, large
limbs, and similar heavy objects that may be located outside of receptacles unless such items are
cut or knocked down to sizes not exceeding four feet (4') in length and forty (40) pounds in
weight. Prior to collection, brush and tree trimmings must be cut into lengths as described herein,
and placed in piles and so covered as to prevent the same from blowing and being scattered
about.
D. Contractor shall furnish all labor, tools, vehicles, and equipment necessary
for performing its obligations as set forth in this Agreement and shall maintain its machinery and
equipment used in providing services in good operating condition and repair. New or used
equipment and vehicles shall be specifically suited for the Services described herein. The
equipment and maintenance thereof will be to a standard such that the proper service will be
consistently performed on a timely basis according to a schedule approved by the City.
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E. Contractor shall be required to maintain within McCall City Limits an
office provided with telephone and customer service representatives as may be necessary to
receive and respond to Customer complaints, orders for special service, billing, and collection of
accounts. Contractor shall keep such office open for business during regular business hours 8:00
a.m. to 5:00 p.m. Monday through Friday, but may be closed for recognized state holidays.
Contractor shall further provide an answering service or recording devices for phone calls during
other than normal business hours and shall establish and maintain a system for following up and
checking on all complaints or requests made to Contractor. In the performance of its obligations,
Contractor shall provide experienced, trained competent supervisory management staff and
policies which are satisfactory to the City. Further, Contractor's customer service and responses
to Customer complaints are subject to review by the City, and shall be conducted in a manner
that is satisfactory to the City.
F. Contractor shall maintain adequate collection equipment required to
perform under this agreement, with each vehicle properly licensed and available for use in the
ordinary course of business. The exterior of each vehicle shall be painted with a recognizable
pattern common all such vehicles and maintained in a reasonably clean and neat appearance,
with Contractor's name and telephone number prominently displayed.
G. Contractor shall annually provide City with a certification of inspection of
Contractor's collection vehicles and such vehicles' compliance with the standards set forth in
section 396.17 of the Code of Federal Regulations and appendix G of the Code of Federal
Regulations, as such standards may be amended. In addition, Contractor's collection vehicles
shall be operated in full compliance with applicable Federal, State and Local laws, rules,
ordinances, and regulations. Vehicles shall be regularly washed or as otherwise maintained as
reasonably required by the City.
H. Contractor's employees engaged in waste collection services shall use
regular walks for pedestrians while on private property and not cross over property to neighbors'
premises, or meddle or interfere with Customers' personal property.
I. Contractor shall provide operating and safety training for those of its
employees engaged in performing services hereunder at a standard recognized as "acceptable" in
the waste management industry. Contractor shall also adopt and enforce a drug and alcohol
abuse policy and screening program in accordance with applicable guidelines, laws and
regulations consistent with industry standards which policies must be acceptable to the City.
J. Special arrangements and accommodations for waste collection at no
additional charge will be made possible for physically disabled persons who live alone and have
qualified for such special arrangements. For purposes of this Agreement, a physically disabled
person is one who cannot transport their waste in containers to the point of collection by
Contractor and has such condition verified in writing by a physician. These arrangements are
part of Contractor's public service program. Contractor may only deny special arrangements
under this section to a qualifying individual upon making a showing which is satisfactory to the
City that such special arrangement would be unduly burdensome or costly to Contractor.
Information about Contractor's special arrangements shall be made publicly available.
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K. Contractor shall collect Solid Waste from the all City owned facilities.
Such services shall be governed by the same terms and conditions as otherwise included in this
Agreement. Contractor and the City shall mutually agree on the nature of such services,
including frequency of collection and equipment. Contractor shall provide these services at no
cost to City.
L. At least once every six (6) months, Contractor shall supply the City with
printed information regarding amounts of Solid Waste which have been collected, complaint
procedures, a summary of complaints received, vehicle maintenance, rates, regulations, and days
of collection.
5. INSURANCE REQUIREMENTS
A. Contractor shall not commence work under this Agreement until it obtains
all insurance required under this Agreement and furnishes a certificate or other form showing
proof of current coverage to City. All insurance policies and certifications must be signed copies
by insurers authorized to do business in the State of Idaho.
B. Contractor shall obtain and keep in force during the Term, general
liability, and automobile liability insurance with policy limits of not less than Five Million
Dollars ($5,000,000) per occurrence for bodily injury and Five Million Dollars ($5,000,000) per
occurrence for property damage liability, with a total annual policy limit of not less than Five
Million Dollars ($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 City prior to
cancellation of any policy, in accordance with the provisions of such policies. City shall be
named an additional insured in all such policies. Contractor shall require the subcontractor (if
any), similarly, to provide Workers Compensation Insurance for all of the subcontractor's
employees, unless such employees are covered by the protection afforded by Contractor. In case
any class of employees engaged in work under this Agreement is not protected under Workmen's
Compensation statutes, 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/her employees not otherwise protected.
C. Contractor's insurance coverage shall recognize the indemnity specified in
Section 6 of this Agreement.
D. Contractor will be required, before commencement of the work, to obtain
and provide proof of having obtained all state, interstate, county, and City licenses and permits
necessary to perform Contractor's duties.
E. In the event that Contractor enters into other agreements with City for
other related services, which agreement(s) require insurance, Contractor shall be entitled to
satisfy all said insurance requirements with one policy; provided, however, 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 that requires the highest limits.
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6. RESPONSIBILITY FOR SOLID WASTE/INDEMNIFICATION.
Title and ownership to all Solid Waste shall pass to Contractor upon its being loaded onto
Contractor's collection vehicle. Contractor hereby agrees to indemnify and hold City 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 City's employees, to
the extent that such loss results from Contractor's performance or failure to perform under this
Agreement, including, but not limited to, damages caused by sudden pollution from vehicle
collision or overturn and shall, at its option, defend City at Contractor's sole expense in any
litigation involving the same; provided, however, that such indemnification and hold harmless
obligation shall not apply to claims for loss, damage, injury or death to the extent caused by the
negligence or willful acts or omissions of City or City's employees in the course of their
employment. Title to and liability for any Excluded Waste shall remain with resident/generator
of such Excluded Waste, even if Contractor inadvertently collects and disposes of such Excluded
Waste.
7. ROUTES AND COLLECTION SERVICES.
A. Contractor shall submit a plan to the City showing all collection routes
within City; 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.
Contractor shall post in the McCall City Hall and in the Star News, 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. City will post the information on the City's
website. The schedule shall not be materially changed without the approval of the Council,
which approval shall not be unreasonably withheld, conditioned, or delayed.
B. In the event that City annexes additional areas during the term of the
contract, Contractor's rights and responsibilities under this agreement shall extend to any part of
the newly annexed areas. Contractor shall hire additional personnel and obtain additional
equipment to service new areas when required and necessary.
C. Regular collections shall be made at the times so scheduled; provided,
however, that no regular or other collection shall be made upon any Sunday excepting
collections of Solid Waste which Contractor should have collected but failed to collect at a
regularly scheduled time.
D. Contractor may provide for the special collection from commercial and
residential units of Bulky Waste, dirt or earth debris from construction or lawn renovation, trees
and tree limbs, rocks, stones, automobile bodies and parts, dead animals or animal carcasses,
Construction Debris, sewage and hazardous materials, if requested and paid for by the Customer.
E. Contractor shall collect and remove from any and all premises, within
twenty four (24) hours, and no later, after notice, demand, or request, any and all Solid Waste
which Contractor shall have failed to collect and remove as required by these specifications at
the regularly scheduled time.
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F. Contractor shall make no collections in residential areas, or at schools,
churches, shopping areas or commercial areas adjacent to residential areas, prior to six o'clock
(6:00) A.M. or after nine o'clock (9:00) P.M. Collection in commercial, industrial and
manufacturing areas shall be completed between the hours of five o'clock (5:00) A.M. and nine
o'clock (9:00) P.M. The City Council shall have authority to change the time of collection as
reasonably required by the needs of the public and Contractor.
8. CONTRACTOR'S COMPENSATION.
A. All fees for Solid Waste collection for the residents of the City of McCall
shall be charged according to the rate schedule as hereinafter set forth, in the attached Exhibit
«A»
B. In addition to any rate changes approved pursuant to Section 8.C.,
Contractor's rates for services described in Exhibit "A" may be adjusted annually upon approval
of the Council, effective July 1st of each year during the Term commencing on July 1, 2013,
equal to the annual average change (increase or decrease) of the Consumer Price Index — All
Items — for the State of Idaho (the "CPI") during the most recent twelve (12) month period.
Thus, if the CPI increased three percent (3%) from June 1, 2012, to May 31, 2013, then
Contractor's rates in Exhibit "A" would be subject to a three percent (3%) increase effective as
of July 1, 2014. Any CPI increase shall require Council approval, which approval shall not be
unreasonably withheld, delayed or conditioned. In the event the CPI index is no longer
published, the parties hereto shall confer in good faith to select an alternative index and shall
confirm their agreement on a substitute index in writing. If the parties are unable to agree on a
substitute index, either party may submit the selection of the substitute index to binding
arbitration before a single arbitrator pursuant to the Commercial Arbitration Rules of the
American Arbitration Association. All percentages shall be computed to the third decimal place
and the change in Contractor's rates shall be calculated to the nearest cent ($.01).
C. In addition to the adjustment contemplated in Section 8.B., the rates
specified herein shall be reasonably adjusted upon a request from Contractor demonstrating that
Contractor's direct cost of performing its obligations under this Agreement have increased (e.g.,
cost of fuel, insurance, labor, equipment, tipping fee, materials, changes in existing, or adoption
of new, laws, rules or regulations, etc.). Only those costs resulting from normal increases in the
cost of doing business and those costs beyond Contractor's control will be eligible for
consideration. All rate adjustments shall become effective immediately upon approval by the
Council whose approval, in either of the above cases, shall not be unreasonably withheld,
delayed or conditioned.
9. BILLING AND COLLECTIONS.
A. Contractor shall be responsible for billing and collection of all accounts.
The billing may be for pre -payment in monthly, bimonthly, or tri-monthly cycles for residential
Customers and monthly cycles for commercial Customers, each as determined by Contractor. It
shall be 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.
Contractor may suspend service at any time to any Customer who fails to make timely payment
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of amounts owed for service. Contractor shall furnish to City's 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 15, whether it is full or not.
C. Contractor shall donate service for up to twelve (12) Residential
Customers provided that such Customers qualify for hardship under the City's Utility Hardship
Policy. Contractor may only deny donated service under this section if: a) Contractor is already
donating twelve (12) Solid Waste disposal services under this section; or b) if Contractor can
make a satisfactory showing to the City that providing such service would be unduly burdensome
or costly to Contractor.
D. From time to time, 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, Contractor and Customer shall negotiate the rate and schedule for
the desired service.
E. From time to time, Contractor may encounter multiple containers or Solid
Waste on or around containers such that the total volume exceeds the maximum allowed per
service. Contractor shall collect the additional volume and bill the Customer immediately for the
additional service at the rates set forth in Exhibit A. In order to reduce the potential for litter
and nuisance, Customers will be encouraged to call in advance for the additional service when
needed.
F. Contractor shall, at a minimum of once a year, participate in spring clean-
up events as a part of Contractor's public service program by donating two thirty (30) yard
containers. Said event will be coordinated with City and its representatives. This program may
also include free or reduced rates to Customers or other incentives to be negotiated with City.
G. Contractor shall provide curbside Christmas tree pickup during the first 2
weeks of January at no additional cost to City or Customers.
H. Customer complaints regarding any aspect of the performance or lack of
performance of Contractor under this Agreement may be referred by either party to the Council,
or a representative designated by the Council, for determination of a fair and equitable
adjustment or resolution which is binding upon all parties.
I. The occupant of premises shall, for purposes of this Agreement, be
deemed the owner of the waste that is generated on that premises for purposes herein. See
Section 6 herein for further information about ownership of waste. The occupant shall also be
the Customer when he requests service from Contractor whether he is owner, tenant, leaseholder,
or otherwise a holder of the property. In certain situations, as in the case of home owner
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associations, condominiums, townhouses, apartments, shopping centers or malls, 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 shall be deemed the Customer
and owner of the waste unless the actual generator can be identified. A building contractor shall
be deemed the occupant of the property, and, therefore the owner of the waste that is generated
until the occupancy permit is issued by the Building Department.
10. 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 onto private property when, in Contractor's sole 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
Agreement requirements (including timely payment of properly invoiced amounts for services)
or other applicable waste regulations. Contractor may refuse to enter on private property when,
in Contractor's sole judgment, the weight of the collection vehicle may damage the driveway.
B. Contractor may adjust its routes and schedule to be compatible with
snowplow 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 provision shall be included on the posted schedule.
C. Contractor will not be required to pickup material at any Customer
location while an animal feared to be dangerous or other dangerous condition exists. As a
condition of receiving collection service, the Customer will be required to confine the animal on
pickup days.
D. Subject to the limitations found in Section 7(F) of this Agreement,
Contractor does not warrant pickup at any particular hour.
E. Accounts requiring return trips due to Customer's failure to timely set out
his/her container or for reasons within the control of the Customer will be assessed a charge in
addition to regular charges.
F. Contractor shall have the right, until receipt of written notice revoking
permission to pass is delivered to Contractor, to enter or drive on any private street, court, place,
easement or other private property for the purpose of collecting or transporting Solid Waste
pursuant to this Agreement.
11. 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 City holidays.
12. EXCLUDED WASTE, LARGE ITEMS AND NON -HOUSEHOLD WASTE.
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A. Notwithstanding any other term contained herein, Contractor shall have no
obligation to collect any Solid Waste which is, or which Contractor reasonably believes to be,
Excluded Waste. If Contractor finds what reasonably appears to be discarded Excluded Waste,
Contractor shall notify the Customer/business/generator, if such can be determined, that
Contractor may not lawfully collect such Excluded Waste and leave a tag specifying the nearest
location available for appropriate disposal.
B. City shall be contacted by Contractor when Contractor identifies waste to
be collected at any Customer's location as Excluded Waste.
C. Contractor shall not be required to collect waste building materials from
construction, alteration, repair, moving or demolition of buildings or structures, nor Bulky
Waste, such as but not limited to tree stumps, tree trunks, large limbs or logs, automobiles or
trucks bodies, tires, couches, refrigerators, bulky appliances, carpets, water heaters, industrial or
agricultural refuse, hot ashes, or dead animals. When such service is requested, rate(s) will be
negotiated with the Customer prior to loading at Contractor's option.
D. Contractor shall not be required to collect non -Solid Waste items on
regular collection routes and/or co -mingle them with the Solid Waste in its collection vehicles.
E. Contractor shall not be required to collect animal feces unless such feces
are secured in a plastic or paper bag or sack, deposited in a Contractor provided refuse container,
and such feces do not exceed forty (40) pounds.
13. COLLECTION.
A. Contractor shall have the exclusive right to provide Solid Waste
collection, transportation, and disposal services within the City of McCall, Idaho as
contemplated herein. City shall use its best efforts to adopt ordinances, rules, or regulations that
have the effect of requiring Customers to comply with the provisions of this Agreement.
However, this Agreement shall not be construed nor does it require mandatory service for
Customers within the City Limits of the City of McCall, Idaho. Furthermore, this Agreement
does not require the City to pass an ordinance creating Mandatory Solid waste collection services
for Customers within the City Limits of the City of McCall, Idaho.
B. Contractor shall not litter any premises or public property in making
collections of Solid Waste; however, if, in spite of normal precautions against spillage, litter is
made on any premises or public property, Contractor shall immediately remove the same and
clean up the area of spillage. Contractor's personnel shall make all collections in a quiet and
orderly manner and shall refrain from making unnecessary disturbances and noise. Contractor
shall make commercially reasonable efforts to utilize equipment available to minimize noise and
shall incorporate noise control features in equipment used by collectors as may be reasonably
directed by Council.
C. The routes and schedule shall be shown on the approved plan in
accordance with Section 7. The rates for Customers shall be charged according to the rate
schedule in Exhibit A. Contractor shall offer the residents of City the following collection
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frequency options: (i) once a week, (ii) once every other week, (iii) once a month, or (iv) on call
service. For Customers who desire the "on call" service, the Customer is required to contact
Contractor during normal business hours at a phone number provided to Customer by the
Contractor to schedule a date for waste collection. Contractor shall work with each Customer to
establish the frequency of collection. If a Customer desires to change the frequency of
collection, the Customer must notify Contractor of such change and Contractor shall have two
(2) weeks to implement the Customer's service change. If the Customer desires to suspend
service for up to six (6) months, the Customer must notify Contractor of such request and
Contractor shall have two (2) weeks to implement the Customer's service change.
D. The established collection routes shall provide service to all locations
within the City of McCall, Idaho.
E. Contractor shall coordinate with the individual Customers and businesses
of the City for collection of Construction Debris and the rates to be charged for such services.
14. FAILURE TO PERFORM.
A. Except in the event of a Force Majeure Event, 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 days of 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 City of the default, within thirty (30) days after
receiving written notice of the default from City, then this Agreement may be terminated by
City.
B. A penalty of Five Hundred Dollars ($500.00) per day may be assessed
against Contractor by City for proven failure to materially perform its obligations under this
Agreement, and Contractor hereby consents to such a provision for damages upon a fair and
equitable investigation and determination in a neutral forum.
C. Should Contractor at any time, contend that City has breached any
material provision of this Agreement; Contractor shall immediately notify City in writing of
Contractor's contention. City shall have a reasonable time to cure any such alleged breach,
which in all events shall not be more than thirty (30) days. If City fails to cure the breach within
such time, Contractor may terminate this Agreement.
D. In recognition that the public health, safety and welfare may be
endangered by any failure of the Solid Waste collection, transportation and removal system, the
City shall have the authority to declare a public emergency, provided collection and
transportation shall be interrupted for more than ninety-six (96) hours, and shall have the right to
enjoin Contractor by action of the City Council to refrain from further interruption, and to
immediately resume continuing Solid Waste collection service which Contractor has agreed to
provide. The City shall notify the Contractor and schedule a hearing at least twenty-four (24)
hours prior to enjoining the Approved Waste Management Contractor as provided in this
Section. Failure to comply with an injunction under this Section may result in City contracting
Page 12 of 19
Exclusive Agreement For Collection and
Disposal of Solid Waste
April 2013
with third parties to collect and transport any and all Solid Waste, and that such waste collection
and transportation may, at the City's discretion, occur in containers supplied or owned by
contractor and leased to Customers until such time as City or the third party contractor can
reasonably replace Contractor's containers. Furthermore, Approved Waste Management
Contractor may not interfere in any way with Solid Waste collection by a third party under the
Emergency Provision of this Section. Contractor likewise agrees to reimburse the City for all
reasonable costs incurred in finding and Contracting with a third party to perform Solid Waste
collection, transportation and disposal.
15. REFUSE CONTAINERS.
A. Residential Customers: Contractor shall supply all bear -proof refuse
containers required for residential service Customers. Contractor shall be required to supply
three sizes of containers: a 32-gallon container or a 65-gallon container (to be provided to
Customers who elect to have such size containers) or a 96-gallon container (which shall be the
default -sized container). Contractor will also mark refuse containers to indicate the level and
frequency of service requested. Additional containers may be requested by the Customer for an
additional cost. A11 Customers shall be required to use the bear -proof refuse container provided
by Contractor as their primary receptacle for setting out waste. If a Customer desires to have
either a 32- or a 65-gallon container that Customer must provide Contractor with ten (10) days
written notice of such request and Contractor will coordinate with such Customer the timing and
logistics for the replacement of the 96-gallon container with either of the other sizes available.
See Exhibit "A" for established fees.
B. Commercial Customers: Bear -proof, sanitary containers for commercial
accounts will be specifically suited for the intended use and selected from standardized products
of recognized container suppliers. A11 containers will be owned and supplied by Contractor, and
will be rented on the established rental fee in Exhibit A. Customers shall have the obligation
to minimize odors, nuisances, rodents, fire hazards, dangers to the public, and damage to the
container. Contractor may require a reasonable maintenance and damage agreement of
Customers to whom containers or custom or special waste handling equipment are supplied.
Said agreement form must be reviewed and approved by City before it takes effect.
C. It shall be the duty of Customers 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/her waste, or the owner's agent shall have the further duty for the proper legal and timely
disposal of the waste deposited therein.
D. All containers shall be bear -proof and 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. City may require the placement of
specified Recyclable Materials or otherwise regulated materials in separate containers so they
can be managed properly without co -mingling with other Solid Waste.
Page 13 of 19
Exclusive Agreement For Collection and
Disposal of Solid Waste
April 2013
F. All containers shall be placed for collection outside of buildings, and shall
be placed in convenient places easily accessible by Contractor; if no alley is conveniently
available, such receptacle may be temporarily placed on street parking or sidewalk for collection,
at such places as agreed by Contractor and the 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 City roads. Other service shall be
provided if requested and charged for such service.
H. Contractor shall replace all containers upright where found, with lids on
them unless specifically agreed to differently between 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.
Contractor shall be responsible for removal of such spillage, but shall not be responsible for
cleaning up conditions created by the Customer and/or animals around such containers.
I. If there is an animal which appears to be dangerous within the area,
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. Each Customer shall provide safe access including snow removal to the
Solid Waste containers without risk or hazard to Contractor's employees, the public or
Contractor. Placement of containers during the winter months shall not interfere with snow
removal of City streets or City roads.
K. No container designed for mechanical pickup shall exceed the safe loading
weights or volume as established by Contractor to protect service workers, the Customer, the
public and the collection equipment. Contractor may establish maximum load lines for
unusually heavy materials or prohibit the placement of such materials in a container.
L. Where a Customer requires an unusual volume of service or a special type
of service requiring substantial investment in equipment, Contractor may require a contract with
such 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).
M. Stationary compacting devices for Solid Wastes shall comply with federal
and state safety standards and provide adequate protection to the user and Contractor.
16. 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 the same manner as Contractor; but any
such transfer shall not relieve Contractor of its obligations under this Agreement. Assignment of
this Agreement or any right occurring under it shall be made in whole or in part by Contractor
Page 14 of 19
Exclusive Agreement For Collection and
Disposal of Solid Waste
April 2013
only with the express written consent of City, which shall not be unreasonably withheld. In the
event of any assignment, the assignee shall assume all duties, responsibilities and liabilities of
Contractor, and shall demonstrate compliance in all respects with the terms of this Agreement.
Prior to any sale, assignment or subleasing of the Agreement, in whole or in part, Contractor
shall give City not less than sixty (60) days advance written notice of its intent to do so, and
supply thereafter such additional information regarding the purchaser, assignee, or sublessee as
City requires in order to assure consistent and adequate service to its customers.
17. 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.
18. INTERPRETATION AND PERFORMANCE.
This Agreement shall be governed by the laws of the State of Idaho, both as to interpretation and
performance.
19. 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. Any notice so
mailed shall be deemed delivered the next mail service day following its deposit in the U.S.
Mail.
20. HEIRS AND ASSIGNS.
This Agreement shall be binding upon the heirs, administrators, executors, successors, or assigns
of the parties hereto.
21. 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.
22. ENTIRE AGREEMENT.
This Agreement, together with its attachments, constitutes the entire Agreement and
understanding between the parties on the subjects addressed herein. This Agreement may only
be amended by a written amendment, mutually agreed to and executed by both parties hereto.
23. 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.
Page 15 of 19
Exclusive Agreement For Collection and
Disposal of Solid Waste
April 2013
24. FORCE MAJEURE.
Provided that the requirements of this Section are met, Contractor shall be excused from
performance and shall not be liable for failure to perform under this Agreement if Contractor's
performance is prevented or delayed by acts of terrorism, acts of God, landslides, lightning,
forest fires, storms, floods, typhoons, hurricanes, severe weather, freezing, earthquakes, volcanic
eruptions, other natural disasters or the imminent threat of such natural disasters, pandemics,
quarantines, civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes,
lockouts, or other labor disturbances, acts of government, or governmental restraint or other
causes, whether of the kind enumerated or otherwise, and whether foreseeable or unforeseeable,
that are not reasonably within the control of Contractor ("Force Majeure"). If, as a result of a
Force Majeure event, Contractor is unable wholly or partially to meet its obligations under this
Agreement, it shall promptly give City notice of the Force Majeure event, describing it in
reasonable detail. Contractor's obligations under this Agreement shall be suspended, but only
with respect to the particular component of obligations affected by the Force Majeure and only
for the period during which the Force Majeure exists.
IN WITNESS WHEREOF, the parties have executed this Exclusive Agreement for Collection
and Disposal of Solid Waste effective the day and year first above written.
CITY:
CITY
By:
Donald C. Bailey, Mayor
.fl'� p� McCq� ► i
?.
ATTEST:
1•4
BessieJo W , rner, City '`"
Exclusive Agreement For Collection and
Disposal of Solid Waste
April 2013
o�
CONTRACTOR:
LAKESHORE DISPOSAL, INC.
By:
Everette M. Arter, Site Manager
Page 16 of 19
EXHIBIT "A"
RATE SCHEDULES
Subscription Service for Residential Customers
SERVICE TYPE:
Subscription
Weekly Residential Solid Waste
Service
Container
Rent
Total
96-gal. Bear -Proof Refuse Container
$11.50
$4.00
$15.50
65-gal. Bear -Proof Refuse Container
$11.50
$3.70
$15.20
32-gal. Bear -Proof Refuse Container
$11.50
$3.60
$15.10
Second 96-gal. container
$4.25
$4.00
$ 8.25
Second 65-gal. container
$4.25
$3.70
$7.95
Second 32-gal. container
$4.25
$3.60
$7.85
EOW Residential Solid Waste
Service
Container
Rent
Total
96-gal. Bear -Proof Refuse Container
$7.50
$4.25
$11.75
65-gal. Bear -Proof Refuse Container
$7.50
$3.95
$11.45
32-gal. Bear -Proof Refuse Container
$7.50
$3.85
$11.35
Second 96-gal. container
$4.25
$4.25
$8.50
Second 65-gal. container
$4.25
$3.95
$8.20
Second 32-gal. container
$4.25
$3.85
$8.10
Monthly Residential Solid Waste
Service
Container
Rent
Total
96-gal. Bear -Proof Refuse Container
$5.25
$4.75
$10.00
65-gal. Bear -Proof Refuse Container
$5.25
$4.45
$9.70
Page 17 of 19
Exclusive Agreement For Collection and
Disposal of Solid Waste
April 2013
32-gal. Bear -Proof Refuse Container
$5.25
$4.35
$9.60
Second 96-gal. container
$4.25
$4.75
$9.00
Second 65-gal. container
$4.25
$4.45
$8.70
Second 32-gal. container
$4.25
$4.35
$8.60
On -Call Residential Solid Waste
Service
Container
Rent
Total
96-gal. Bear -Proof Refuse Container
$7.00
$5.50
$12.50
65-gal. Bear -Proof Refuse Container
$7.00
$5.20
$12.20
32-gal. Bear -Proof Refuse Container
$7.00
$5.10
$12.10
Second 96-gal. container
$4.25
$5.50
$9.75
Second 65-gal. container
$4.25
$5.20
$9.45
Second 32-gal. container
$4.25
$5.10
$9.35
❖ $4.00 a month suspension fee (maximum 6 months)
❖ Move cart in off street - no charge
❖ $10.00 in addition to the above fees for drive in service.
❖ Lake Shore Disposal donates two 30 yard containers for the annual spring clean up.
❖ Free Christmas tree pick up during the first two weeks of January.
❖ 12 hardships cases- donated service
❖ Fee for each bag or secured bundle of yard or lawn waste: $1.80
Residential Cart Selection
Cart Sizes, Gallons
Cart Dimensions,
Inches (LxWxH)
Cart
Manufacturer
Maximum
Loaded Weight
96
32.25x30.0x43.25
Toter
335 lbs.
64
31.5x24.75x42.25
Toter
224 lbs.
32
20.0x20.0x39.0
Otto
120 lbs.
Page 18 of 19
Exclusive Agreement For Collection and
Disposal of Solid Waste
April 2013
Service for Commercial Customers
Container size
Current
Rate
Rate 10 year
contract
96-gal Bear -Proof Refuse
Container xl
$21.30
2 Yard
$65.06
$59.20
3 Yard
$86.63
$83.25
4 Yard
$114.02
$106.23
6 Yard
$166.26
$154.89
8 Yard
$236.08
$200.29
Page 19 of 19
Exclusive Agreement For Collection and
Disposal of Solid Waste
April 2013
FIRST AMENDMENT TO
EXCLUSIVE AGREEMENT FOR COLLECTION AND DISPOSAL OF SOLID WASTE
THIS FIRST AMENDMENT TO EXCLUSIVE AGREEMENT FOR COLLECTION
AND DISPOSAL OF SOLID WASTE (this "Amendment") 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 CITY OF MCCALL, IDAHO, a
municipal corporation of the County of Valley, State of Idaho, with an office at 216 East Park
Street, McCall, Idaho 83638 (hereinafter called "City"), is entered into as of June Z, 2013
(the "Effective Date").
RECITALS
WHEREAS, City and Contractor entered into that certain Exclusive Agreement for
Collection and Disposal of Solid Waste in May 2013 (the "Agreement"); and
WHEREAS, Contractor and City now wish to amend the Agreement to permit residential
customers to either lease bear -proof containers from Contractor or purchase bear -proof
containers from third -party container vendors.
AGREEMENT
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE
RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE
PARTIES AGREE TO AMEND THE AGREEMENT, AS FOLLOWS:
1. Incorporation of Recitals. The foregoing recitals are agreed to and accepted and
incorporated herein by this reference.
2. Effective Date. This Amendment shall become effective as of the Effective Date.
3. Amendment to Section 1. Section 1 of the Agreement is hereby amended to add
the following defined term:
"BEAR -PROOF CONTAINER: Residential solid waste collection carts or
containers that meet the following specifications: (1) must be either a Toter®
brand cart (manufactured by Wastequip, LLC) or a cart manufactured by Otto
Environmental Systems North America, Inc.; (2) must have flip -top lids and
tipping bar half way down the front of the can; and (3) must be specifically
identified as a bear -proof cart. Cart, cans or containers that are round cans, have
screw -off tops, or that have chains or dog leash type latches will not be
considered a Bear Proof Container, and Contractor will not be required to collect
Solid Waste from such a cart, can or container."
4. Amendment to Section 15.A. Section 15.A of the Agreement is deleted in its
entirety and replaced with the following:
{RC0037.DOC.}
FIRST AMENDMENT TO EXCLUSIVE AGREEMENT FOR COLLECTION AND Page 1
DISPOSAL OF SOLID WASTE
"A. Residential Customers: Residential service Customer shall either lease
Bear -Proof Containers from Contractor or purchase Bear -Proof Containers from
third -party container vendors. Contractor shall be required to make available
three sizes of containers: a 32-gallon container or a 65-gallon container (to be
provided to Customers who elect to have such size containers) or a 96-gallon
container (which shall be the default -sized container). In the event that a
residential service Customer elects to purchase a Bear -Proof Container, such
Customer must purchase one of the three foregoing sizes of container. Contractor
will also mark refuse containers to indicate the level and frequency of service
requested. A11 Customers shall be required to use a Bear -Proof Container as
their primary receptacle for setting out waste. If a Customer desires to lease
either a 32- or a 65-gallon Bear -Proof Container from Contractor, that Customer
must provide Contractor with ten (10) days written notice of such request and
Contractor will coordinate with such Customer the timing and logistics for the
delivery of such alternate -sized Bear -Proof Container. See Exhibit "A" for lease
rates on containers leased from Contractor.
5. Amendment to Exhibit A. Exhibit "A" to the Agreement is hereby deleted in its
entirety and replaced by the new Exhibit "A" attached to this Amendment as Exhibit A.
6. Counterparts. This Amendment may be executed in one or more facsimile or
original counterparts, each of which shall be deemed an original and both of which together shall
constitute one and the same instrument.
7. Ratification. A11 terms and provisions of the Agreement not amended hereby,
either expressly or by necessary implication, shall remain in full force and effect. From and after
the date of this Amendment, all references to the term "Agreement" in this Amendment and in
the original Agreement shall include the terms contained in this Amendment.
8. Conflicting Provisions. In the event of any conflict between the original terms of
the Agreement and this Amendment, the terms of this Amendment shall prevail.
9. Authorization. Each party executing this Amendment represents and warrants
that it is duly authorized to cause this Amendment to be executed and delivered.
{RC0037.DOC.}
[Signature Page Immediately Follows.]
FIRST AMENDMENT TO EXCLUSIVE AGREEMENT FOR COLLECTION AND Page 2
DISPOSAL OF SOLID WASTE
IN WITNESS WHEREOF, the parties have executed this First Amendment to Exclusive
Agreement for Collection and Disposal of Solid Waste effective the day and year first above
written.
CITY:
CI i MCCA , IDAHO
By:
onald C. Bailey, Mayor
ATTEST:
�,�� OF Mee •••,,
.,,
.�C 9.
G=
•
•
•
•
•
a-
•
BessieJo W.'_ner, Cit C erk '�.,,� Ip�t1�►�'
'�rnuraN►o
{RC0037.DOC.}
CONTRACTOR:
LAKESHOU DISPOSAL, INC.
By:
Everette M. Arter, Slfe Manager
FIRST AMENDMENT TO EXCLUSIVE AGREEMENT FOR COLLECTION AND Page 3
DISPOSAL OF SOLID WASTE
EXHIBIT "A"
RATE SCHEDULED
Subscription Service for Residential Customers
Weekly Residential
Service
Service
Cart rent
Total with rent
Total with cart
purchase
96 Gallon Bear Proof
$11.50
$4.00
$15.50
$13.75
65 Gallon Bear Proof
$11.50
$3.70
$15.20
$13.45
32 Gallon Bear Proof
$11.50
$3.60
$15.10
$13.35
Second 96 gallon
$4.25
$4.00
$8.25
$6.50
Second 65 gallon
$4.25
$3.70
$7.95
$6.20
Second 32 gallon
$4.25
$3.60
$7.85
$6.10
EOW Residential Service
Service
Cart rent
Total with rent
Total with cart
purchase
96 Gallon Bear Proof
$7.50
$4.25
$11.75
$10.00
65 Gallon Bear Proof
$7.50
$3.95
$11.45
$9.70
32 Gallon Bear Proof
$7.50
$3.85
$11.35
$9.60
Second 96 gallon
$4.25
$4.25
$8.50
$6.75
Second 65 gallon
$4.25
$3.95
$8.20
$6.45
Second 32 gallon
$4.25
$3.85
$8.10
$6.35
Monthly Service
Service
Cart rent
Total with rent
Total with cart
purchase
96 Gallon Bear Proof
$5.25
$4.75
$10.00
$8.25
65 Gallon Bear Proof
$5.25
$4.45
$9.70
$7.95
32 Gallon Bear Proof
$5.25
$4.35
$9.60
$7.85
Second 96 gallon
$4.25
$4.75
$9.00
$7.25
Second 65 gallon
$4.25
$4.45
$8.70
$6.95
Second 32 gallon
$4.25
$4.35
$8.60
$6.85
On Call Service
Service
Cart rent
Total with rent
Total with cart
purchase
96 Gallon Bear Proof
$7.00
$5.50
$12.50
$10.75
65 Gallon Bear Proof
$7.00
$5.20
$12.20
$10.45
32 Gallon Bear Proof
$7.00
$5.10
$12.10
$10.35
Second 96 gallon
$4.25
$5.50
$9.75
$8.00
Second 65 gallon
$4.25
$5.20
$9.45
$7.70
Second 32 gallon
$4.25
$5.10
$9.35
$7.60
{RC0037.DOC.}
FIRST AMENDMENT TO EXCLUSIVE AGREEMENT FOR COLLECTION AND Page 4
DISPOSAL OF SOLID WASTE
SERVICE FOR COMMERCIAL CUSTOMERS
Container Size
Cost includes rent
96 gallon BP roll cart
$21.30
2 Yard
$59.20
3 Yard
$83.25
4 Yard
$106.23
6 Yard
$154.89
8 Yard
$200.29
Additional Services
❖ $4.00 a month suspension fee (maximum 6 months)
❖ Move cart in off street -no charge
• $10.00 in addition to theabove fees for drive in service
• Lake Shore Disposal donates two 30 yard containers for the annual spring clean up
• Free Christmas tree pick up during the first two weeks of January
❖ 12 hardships cases- donated service
❖ Fee for each bag or secured bundle of yard or lawn waste: $1.80
{RC0037.DOC.}
FIRST AMENDMENT TO EXCLUSIVE AGREEMENT FOR COLLECTION AND Page 5
DISPOSAL OF SOLID WASTE
SECOND AMENDMENT TO
EXCLUSIVE AGREEMENT FOR COLLECTION AND DISPOSAL
OF SOLID WASTE
THIS SECOND AMENDMENT TO EXCLUSIVE AGREEMENT FOR
COLLECTION AND DISPOSAL OF SOLID WASTE- (this "Amendment") by and
between LAKE SHORE DISPOSAL, INC., an Idaho corporation, with an office at 200
Industrial Loop, P.O. Box 2350, McCall, Idaho 83638, (hereinafter called
"Contractor"), and CITY OF McCALL, IDAHO, a municipal corporation of the County
of Valley, State of Idaho, with an office at 216 East Park Street, McCall, Idaho 83638
(hereinafter called "City"), is entered into as of April 10, 2014 (the 'Effective Date").
RECITALS
WHEREAS, City and Contractor entered into that certain Exclusive Agreement
for Collection and Disposal of Solid Waste on or about July 1, 2013 (the "Initial
Agreement"); and
WHEREAS, Contractor and City amended the Agreement on or about July 1,
2013, to permit residential customers to either lease bear -proof containers from
Contractor or purchase bear -proof containers from third -party container vendors (the
"First Amendment" and, together with the Initial Agreement, the "Agreement"); and
WHEREAS, Contractor and City now wish to amend the Agreement again to,
among other things, exclude construction and demolition debris from the definition of
"Solid Waste" and amend the term of the Agreement.
AGREEMENT
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION,
THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY
ACKNOWLEDGED, THE PARTIES AGREE TO AMEND THE AGREEMENT, AS
FOLLOWS:
1. Incorporation of Recitals. The foregoing recitals are agreed to and
accepted and incorporated herein by this reference.
2. Effective Date. This Amendment shall become effective upon the date
hereof.
3. Amendment to Section 1. Section 1 of the Agreement is hereby amended
to delete the definitions of 'Bulky Waste", 'Excluded Waste", and "Solid Waste" and
replace them in their entirety with the following definitions:
Second Amendment to Exclusive Agreement for Collection and Disposal of Solid Waste — Page 1
"BULKY WASTE: Any single object of Solid Waste exceeding four feet
(4') in length and forty (40) pounds in weight including, but not limited to,
stoves, refrigerators, water tanks, washing machines, furniture and other
waste materials, dead animals, hazardous materials or stable matter, with
weights or volumes greater than those allowed for cans or carts."
"EXCLUDED WASTE: Means and includes Bulky Waste, Construction
Debris, dirt or earth debris from construction or lawn renovation, rocks,
stones, Recyclable Materials, automobile bodies and parts, dead animals
or animal carcasses, Stable Matter, and Wastewater (sewage). The City
does not require Contractor to collect or transport hazardous materials;
however, the City is not responsible for determining when Customers
have left hazardous materials for collection or transportation. The items
excluded from City collection must be collected and transported over and
upon the public ways within the City by Contractor, a third -party
contractor or subcontractor, the owner or occupant of the premises, or
pursuant to a special collection as approved by the City. "
"SOLID WASTE: Means and includes all useless, unwanted or discarded
putrescible and non-putrescible wastes which is not Excluded Waste as
defined herein, unless such Excluded Waste collection, transportation, and
disposal is requested by a Customer and specifically accepted by
Contractor. "Solid Waste" includes, but is not limited to, garbage, refuse,
rubbish, ashes, shrubs, grass and lawn clippings, weeds, leaves, street
cleanings, and other residential, commercial, industrial and agricultural
wastes. "Solid Waste", as defined in this section, excludes hazardous
materials and Recyclable Materials specifically segregated from other
Solid Waste for Collection."
4. Amendment to Section 2.A. Section 2.A of the Agreement is hereby
deleted in its entirety and replaced with the following:
"A. City hereby grants Contractor an exclusive contract for residential and
commercial Solid Waste collection, transportation, and disposal in all
areas of the City of McCall, State of Idaho, for ten (10) years, beginning
July 1, 2013, and continuing through June 30, 2023 (the "Initial Term").
Following the Initial Term, this Agreement shall automatically renew for
one (1) five (5)-year term (the "First Renewal Term"). Following the First
Renewal Term, this Agreement shall automatically renew for successive
one (1) year terms (each a "Subsequent Renewal Term and together with
the Initial Term and the First Renewal Term, the "Term") thereafter unless
either party gives written notice of termination by U.S. certified or
registered mail, postage pre -paid, and return receipt requested, to the other
party at least sixty (60) days prior to the expiration of the First Renewal
Term or any Subsequent Renewal Term. Any such notice shall be sent to
Second Amendment to Exclusive Agreement for Collection and Disposal of Solid Waste — Page 2
the other party's address set forth on the first page of this Agreement" or
any change of address communicated in writing by the other party during
the term of this Agreement. A Subsequent Renewal Term shall become
effective (thereby extending the then -current term) upon either party's
failure to give notice of termination within the time period set forth
above."
5. Amendment to Section 8.B. Section 8.B of the Agreement is hereby
deleted in its entirety and replaced with the following:
"B. In addition to any rate changes approved pursuant to Section 8.C.,
Contractor's rates for services described in Exhibit "A" may be adjusted
annually upon approval of the Council, effective July 1st of each year
during the Term, commencing on July 1, 2013, equal to the annual
average change (increase or decrease) of the Consumer Price Index - All
Items - for the State of Idaho (the "CPI") during the most recent twelve
(12) month period; provided, however, that the CPI increases occurring on
July 1, 2014, and July 1, 2015, shall occur automatically and shall not
require Council approval. Thus, if the CPI increased three percent (3%)
from June 1, 2012, to May 31, 2013, then Contractor's rates in Exhibit
"A" would automatically increase by three percent (3%) effective as of
July 1, 2014. Except for the CPI increase occurring on July 1, 2014, and
July 1, 2015, any CPI increase shall require Council approval, which
approval shall not be unreasonably withheld, delayed, or conditioned. In
the event the CPI index is no longer published, the parties hereto shall
confer in good faith to select an alternative index and shall confirm their
agreement on a substitute index in writing. If the parties are unable to
agree on a substitute index; either party may submit the selection of the
substitute index to binding arbitration before a single arbitrator pursuant to
the Commercial Arbitration Rules of the American Arbitration
Association. All percentages shall be computed to the third decimal place
and the change in Contractor's rates shall be calculated to the nearest cent
($.01).
6. Amendment to Section 8.C. Section 8.0 of the Agreement is hereby
deleted in its entirety and replaced with the following:
"C. In addition to the adjustment contemplated in Section 8.B., the rates
specified herein shall be reasonably adjusted upon a request from
Contractor demonstrating that Contractor's direct cost of performing its
obligations under this Agreement have increased (e.g., cost of fuel,
insurance, labor, equipment, tipping fee, materials, changes in existing, or
adoption of new laws, rules, or regulations, etc.). Only those costs
resulting from normal increases in the cost of doing business and those
costs beyond Contractor's control will be eligible for consideration. All
Second Amendment to Exclusive Agreement for Collection and Disposal of Solid Waste — Page 3
rate adjustments shall become effective immediately upon approval by the
Council whose approval, in either of the above cases, shall not be
unreasonably withheld, delayed, or conditioned. Notwithstanding anything
to the contrary contained herein, the parties hereto agree that on each of
July 1, 2014, and July 1, 2015, in addition to any increases approved by
the Council pursuant to Section 8.B., the rates specified herein shall
automatically increase by One Percent (1 %). The parties hereto hereby
acknowledge that such One Percent (1%) increases on each of July 1,
2014, and July 1, 2015, are related to the Bear -Proof Containers
Contractor provides to residential service Customers pursuant to this
Agreement."
7. Amendment to Section 13.E. Section 13.E of the Agreement is deleted in
its entirety and replaced with the following:
"E. Contractor may coordinate with the individual Customers and
businesses of the City for collection of Excluded Waste and the rates to be
charged for such services."
8. Counterparts. This Amendment may be executed in one or more
facsimile or original counterparts, each of which shall be deemed an original and both
of which together shall constitute one and the same instrument.
9. Ratification. All terms and provisions of the Agreement not amended
hereby either expressly or by necessary implication; shall remain in full force and
effect. From and after the date of this Amendment, all references to the term
"Agreement" in this Amendment and in the original Agreement shall include the terms
contained in this Amendment.
10. Conflicting Provisions. In the event of any conflict between the original
terms of the Initial Agreement, the First Amendment, and this Amendment, the terms of
this Amendment shall prevail.
11. Authorization. Each party executing this Amendment represents and
warrants that it is duly authorized to cause this Amendment to be executed and
delivered.
[Remainder of Page Intentionally Left Blank;
Signature Page Immediately Follows]
Second Amendment to Exclusive Agreement for Collection and Disposal of Solid Waste — Page 4
IN WITNESS WHEREOF, the parties have executed this Second Amendment to
Exclusive Agreement for Collection and Disposal of Solid Waste effective the day and
year first above written.
CITY:
CITY OF MCCALL, IDAHO
ATTEST:
� 1
Bessie o r, City Clerk
CONTRACTOR:
LAKE SHORE DISPOSAL, IN
----*"..
Everette M. After, Site Manager
Second Amendment to Exclusive Agreement for Collection and Disposal of Solid Waste — Page 5
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ADDENDUM TO
EXCLUSIVE AGREEMENT
FOR COLLECTION AND DISPOSAL OF SOLID WASTE
THIS ADDENDUM TO EXCLUSIVE AGREEMENT FOR COLLECTION AND
DISPOSAL OF SOLID WASTE (the "Addendum") is made and entered into effective as of May
12, 2016, 2016, 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 CITY OF McCALL, IDAHO, a municipal corporation of the County of
Valley, State of Idaho, with an office at 216 East Park Street, McCall, Idaho 83638, hereinafter
called City."
WITNESSETH:
WHEREAS, the Contractor and the City entered into an Exclusive Agreement for
Collection and Disposal of Solid Waste agreement effective July 1, 2013 (the "Agreement"); and
WHEREAS, paragraph 7(F) of the Agreement prohibits waste collection in commercial,
industrial and manufacturing areas prior to five o'clock (5:00) A.M. and after nine o'clock (9:00)
P.M.; and
WHEREAS, the McCall City Council has determined that it would be in the best
interest of the City of McCall to allow for the collection of waste in commercial, industrial and
manufacturing areas, including commercial areas adjacent to residential properties, at any time of
the day; and
WHEREAS, the Agreement provides the authority for the McCall City Council to
amend collection times as reasonably required by the needs of the public and Contractor; and
WHEREAS, the McCall City Council proposes to amend the collection times for
commercial, industrial, and manufacturing areas, including commercial areas adjacent to
residential properties, for a period of six (6) months.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
whereof is hereby acknowledged by both parties, the Contractor and the City hereby covenant
and agree as follows, to -wit:
1. RECITALS:
The above recitals are hereby incorporated into and made a part of this Addendum.
ADDENDUM TO EXCLUSIVE AGREEMENT
FOR COLLECTION AND DISPOSAL OF SOLID WASTE - 1
2. AMENDMENT TO AGREEMENT:
Paragraph 7, ROUTES AND COLLECTION SERVICES, subparagraph 7(F) of the
Agreement is amended as follows:
F. Contractor shall make no collections in residential areas, or at schools or
churches prior to six o'clock (6:00) A.M. or after nine o'clock (9:00) P.M. There
shall be no restrictions on the hours of collection in commercial, industrial, and
manufacturing areas, including commercial areas adjacent to residential areas.
The City Council shall have authority to change the time of collection as
reasonably required by the needs of the public and Contractor.
3. ADDENDUM APPLICABLE TO ENTIRE AGREEMENT:
Whenever any provision of the Agreement appears to be in conflict with the change in
the hours of collection made under this Addendum, the change in the hours of collection made
under this Addendum shall control.
4. TERM OF ADDENDUM:
The provisions of this Addendum shall commence with the effective date of this
Addendum and continue for six (6) months. The parties may agree in writing to extend the
expiration date of this Addendum prior to its expiration date.
hereto.
5. ENTIRE AGREEMENT:
The parties agree that this Addendum constitutes the entire agreement between the parties
6. ATTORNEY FEES:
In the event an action is brought to enforce any of the terms or provisions of this
Addendum, or enforce forfeiture thereof for default thereof by either of the parties hereto, the
successful party to such action or collection shall be entitled to recover from the losing party a
reasonable attorney fee, together with such other costs as may be authorized by law.
7. SEVERABILITY:
In the event any of the provisions of this Addendum shall be deemed illegal or
unenforceable, such determination shall not operate to invalidate any of the remaining provisions
of this Addendum.
ADDENDUM TO EXCLUSIVE AGREEMENT
FOR COLLECTION AND DISPOSAL OF SOLID WASTE - 2
8. HEADINGS:
The bolded paragraph headings are for convenience only and are not a part of this
Addendum and shall not be used in interpreting or construing this Addendum.
9. RATIFICATION:
In all other respects, the parties ratify and confirm the Agreement.
10. SITUS:
This Addendum is established under the laws of the State of Idaho, and all questions
concerning its validity and construction shall be determined under such laws.
11. BINDING EFFECT:
The provisions and stipulations of this Addendum shall inure to and bind the heirs,
personal representatives, assigns, and successors in interest of the parties hereto.
12. ENTITY AUTHORITY:
The parties executing this Addendum on behalf of an entity represents and warrants that
he or she is duly authorized to execute and deliver this Addendum on behalf of said entity in
accordance with duly adopted organizational documents or agreements and if appropriate a
resolution of the entity, and that this Addendum is binding upon said entity in accordance with
its terms.
IN WITNESS WHEREOF, the parties execute this Addendum.
Date: s / z / fh
Date:
CONTRACTOR:
LAKESHORE DISPOSAL, INC.
` By: /
CITY:
CITY OF McCALL, IDAHO
Attest:
ADDENDUM TO EXCLUSIVE AGREEMENT
FOR COLLECTION AND DISPOSAL OF SOLID WASTE - 3
ADDENDUM NO. 2 TO
EXCLUSIVE AGREEMENT
FOR COLLECTION AND DISPOSAL OF SOLID WASTE
THIS ADDENDUM TO EXCLUSIVE AGREEMENT FOR COLLECTION AND
DISPOSAL OF SOLID WASTE (the "Addendum") is made and entered into effective as of
December 2, 2016, 2016, 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 CITY OF McCALL, IDAHO, a municipal corporation of the
County of Valley, State of Idaho, with an office at 216 East Park Street, McCall, Idaho 83638,
hereinafter called City."
WITNESSETH:
WHEREAS, the Contractor and the City entered into an Exclusive Agreement for
Collection and Disposal of Solid Waste agreement effective July 1, 2013 (the "Agreement"); and
WHEREAS, paragraph 7(F) of the Agreement prohibits waste collection in commercial,
industrial and manufacturing areas prior to five o'clock (5:00) A.M. and after nine o'clock (9:00)
P.M.; and
WHEREAS, the McCall City Council has determined that it would be in the best
interest of the City of McCall to allow for the collection of waste in commercial, industrial and
manufacturing areas, including commercial areas adjacent to residential properties, at any time of
the day; and
WHEREAS, the Agreement provides the authority for the McCall City Council to
amend collection times as reasonably required by the needs of the public and Contractor; and
WHEREAS, the McCall City Council previously amended the collection times for
commercial, industrial, and manufacturing areas, including commercial areas adjacent to
residential properties, for a period of six (6) months and there have been no complaints regarding
these earlier collection times; and
WHEREAS, the McCall City Council deems it in the best interests of the City to continue
the previous amendment as a permanent change to the Agreement.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
whereof is hereby acknowledged by both parties, the Contractor and the City hereby covenant
and agree as follows, to-wit:
1. RECITALS:
ADDENDUM NO.2 TO EXCLUSIVE AGREEMENT
FOR COLLECTION AND DISPOSAL OF SOLID WASTE- 1
The above recitals are hereby incorporated into and made a part of this Addendum.
2. AMENDMENT TO AGREEMENT:
Paragraph 7, ROUTES AND COLLECTION SERVICES, subparagraph 7(F) of the
Agreement is amended as follows:
F. Contractor shall make no collections in residential areas, or at schools or
churches prior to six o'clock (6:00) A.M. or after nine o'clock (9:00) P.M. There
shall be no restrictions on the hours of collection in commercial, industrial, and
manufacturing areas, including commercial areas adjacent to residential areas.
The City Council shall have authority to change the time of collection as
reasonably required by the needs of the public and Contractor.
3. ADDENDUM APPLICABLE TO ENTIRE AGREEMENT:
Whenever any provision of the Agreement appears to be in conflict with the change in
the hours of collection made under this Addendum, the change in the hours of collection made
under this Addendum shall control.
4. TERM OF ADDENDUM:
The provisions of this Addendum shall commence with the effective date of this
Addendum and continue for the duration of the Agreement.
5. ENTIRE AGREEMENT:
The parties agree that this Addendum constitutes the entire agreement between the parties
hereto.
6. ATTORNEY FEES:
In the event an action is brought to enforce any of the terms or provisions of this
Addendum, or enforce forfeiture thereof for default thereof by either of the parties hereto, the
successful party to such action or collection shall be entitled to recover from the losing party a
reasonable attorney fee, together with such other costs as may be authorized by law.
7. SEVERABILITY:
In the event any of the provisions of this Addendum shall be deemed illegal or
unenforceable, such determination shall not operate to invalidate any of the remaining provisions
of this Addendum.
ADDENDUM NO.2 TO EXCLUSIVE AGREEMENT
FOR COLLECTION AND DISPOSAL OF SOLID WASTE-2
8. HEADINGS:
The bolded paragraph headings are for convenience only and are not a part of this
Addendum and shall not be used in interpreting or construing this Addendum.
9. RATIFICATION:
In all other respects, the parties ratify and confirm the Agreement.
10. SITUS:
This Addendum is established under the laws of the State of Idaho, and all questions
concerning its validity and construction shall be determined under such laws.
11. BINDING EFFECT:
The provisions and stipulations of this Addendum shall inure to and bind the heirs,
personal representatives, assigns, and successors in interest of the parties hereto.
12. ENTITY AUTHORITY:
The parties executing this Addendum on behalf of an entity represents and warrants that
he or she is duly authorized to execute and deliver this Addendum on behalf of said entity in
accordance with duly adopted organizational documents or agreements and if appropriate a
resolution of the entity, and that this Addendum is binding upon said entity in accordance with
its terms.
IN WITNESS WHEREOF, the parties execute this Addendum.
LAKESHORF DISPOSAL, INC.
Date: 4)/77/ By: � �i '�
CITY OF cC L, IDAHO
Date: f311 By:
Ma' r Cvui,te,1?restd,eti.f
Attest:
1_,Mit Alt/I
City Clerk
ADDENDUM NO.2 TO EXCLUSIVE AGREEMENT
FOR COLLECTION AND DISPOSAL OF SOLID WASTE-3