HomeMy WebLinkAbout1225 ResolutionRESOLUTION NO. 1225
WHEREAS, the city of Pasco has found.it desirable to continue a
contractual relationship with Basin Disposal, Inc., for the
collection of garbage in the city of Pasco, and
WHEREAS, Basin Disposal, Inc., hereby warrants and represents
to the city that it is fully able and qualified to enter into the
agreement to provide the quality and level of garbage collection
service to the city, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO:
That the city council does approve the attached agreement, an
original of which is attached hereto and by this reference is
incorporated herein, and authorizes the mayor and ex officio city
clerk of the city of Pasco to execute said agreement with Basin
Disposal, Inc.
PASSED by the City Council of the City of Pasco this 18 day
of December 197 8
c
Chet Bailie, Mayor
ST:
Eve yn Wells, Deputy City Clerk
AP ROVED AS TO FOrb
De nis J. De Feli-e, City Attorney
r;M
CONTRACT
W I T N E S S E T H:
h
WHEREAS, the City has found it desirable -to continue'a 1�
contractual relationship with.the.Contractor.for the,,collection
of garbage in the City of Pasco, and F
WHEREAS, the Contractor hereby warrants and represents to the
City that it is fully able and qualified to enter into this
agreement to provide the quality and level of garbage collection
service to the City, NOW, THEREFORE;
' IN"CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS `{
CONTAINED HEREIN, THE PARTIES -HERETO AGREE AS FOLLOWS: ;•._ ,,..•:•. F
1. SCOPE OF SERVICE, The Contractor shall collect, transport,
and dispose of all solid waste originating within the City of Pasco
and shall furnish and maintain all tools, materials, labor, and
equipment necessary to perform such collection, transportation, and
".: disposal. Said collection, transportation, and disposal of solid':t'
waste in the City of Pasco shall be,accomplished prior to any other:
contract -work to be performed by;the Contractor
z The Contractor shall arrange and allow for `City residents to';t,
have and dispose of two (2) cans of solid waste per trip at the
disposal site utilized by the Contractor without charge to the
resident, providing that satisfactory proof of residence is shown."
Said collection shall be made by the Contractor by regular
route pickups at each residence, -business, and city-owned.properties
at the rates hereinbelow set forth: ;
A. CAN RATES
(1) For each occupied residence or separate unit thereof the
charge shall be Four & 00/100 ($4..00) Dollars per month for weekly,., k
full service garbage collection. r
Full ervice garbage collection shall include:
(a) T e collection of an unlimited number of cans or
containers (including plastic bags) which weigh
not more than eighty (80) pounds, and otherwise
meet the requirements of P.M.C. 6.04.100, which
r% section of the code is incorporated herein.by.this
reference.
1t..
r
(b) The collection of an unlimited number of bundles
of boxes, cartons, shrubs, trees (less than six
inches in diameter), small tree limbs, strips of
boards or lumber, and other solid waste; said
bundles not exceeding five feet in the longest
dimension and two feet in girth and not exceeding
eighty (80) pounds.
n ,•iii.. d .. ,
0
HIS .AGREEMENT, made and
entered into.this/-day.,of
197 7f ..by
and
between THE CITY;'OF. ';PASCO,, a
,
municipal corporation of the
State
of Washington, hereinafter`
referred to as the City, and
BASIN
DISPOSAL, INC., d/b/a/ PASCO
GARBAGE SERVICE, hereinafter
called
the Contractor.
W I T N E S S E T H:
h
WHEREAS, the City has found it desirable -to continue'a 1�
contractual relationship with.the.Contractor.for the,,collection
of garbage in the City of Pasco, and F
WHEREAS, the Contractor hereby warrants and represents to the
City that it is fully able and qualified to enter into this
agreement to provide the quality and level of garbage collection
service to the City, NOW, THEREFORE;
' IN"CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS `{
CONTAINED HEREIN, THE PARTIES -HERETO AGREE AS FOLLOWS: ;•._ ,,..•:•. F
1. SCOPE OF SERVICE, The Contractor shall collect, transport,
and dispose of all solid waste originating within the City of Pasco
and shall furnish and maintain all tools, materials, labor, and
equipment necessary to perform such collection, transportation, and
".: disposal. Said collection, transportation, and disposal of solid':t'
waste in the City of Pasco shall be,accomplished prior to any other:
contract -work to be performed by;the Contractor
z The Contractor shall arrange and allow for `City residents to';t,
have and dispose of two (2) cans of solid waste per trip at the
disposal site utilized by the Contractor without charge to the
resident, providing that satisfactory proof of residence is shown."
Said collection shall be made by the Contractor by regular
route pickups at each residence, -business, and city-owned.properties
at the rates hereinbelow set forth: ;
A. CAN RATES
(1) For each occupied residence or separate unit thereof the
charge shall be Four & 00/100 ($4..00) Dollars per month for weekly,., k
full service garbage collection. r
Full ervice garbage collection shall include:
(a) T e collection of an unlimited number of cans or
containers (including plastic bags) which weigh
not more than eighty (80) pounds, and otherwise
meet the requirements of P.M.C. 6.04.100, which
r% section of the code is incorporated herein.by.this
reference.
1t..
r
(b) The collection of an unlimited number of bundles
of boxes, cartons, shrubs, trees (less than six
inches in diameter), small tree limbs, strips of
boards or lumber, and other solid waste; said
bundles not exceeding five feet in the longest
dimension and two feet in girth and not exceeding
eighty (80) pounds.
n ,•iii.. d .. ,
0
k'vigq6fti.t
(c)' Additional Service. ',Items' too large for regular`'
collection':as. described above shall be limited"tos,
t H%
` 250 pounds item` from,.the-premises. -Calls." for,,
j '
,per-
service -to collect:,these '.items..'shall be' -made at Y
r
r ;
-'least one f_ ull ' business day•' ( see paragraph' 8 below ' F
,
�`
Office)'"in 'advance of;`the' specified for .they;
,.day
, Yrz r!
+
` additional `collection service `"' fihe- Contractor, ;
R t (
. ,
shall determine the day` for :the;,additionsl=.collection;
r " '
�, p. service,;',but'�the service to�'the customer`'reques.ting
,' ,•4
.
it :shall`.°be: made within .six..full "business 'days ('seep A,
'paragraph" 8) of receipt of'such* '-the place: oft a
,,collection 'for this° additional service shall be
the ;same place asf for..the 'place fort.regular
r fir`,*
.collectior.
The
City reserves the right to make =',the ;public aware by 4=
x '
advertising
this,,.full . service ,garbage collection...*..
Ar,residence
customer as'' ualified.,belowa.ma a 1 for and
q Y pp Y
.1 ...
„=receive 'a ;different
rate', and: service. ,: The rate :shall• be . One,- and
=` ..75/1.00 '($1:75)'
Dollars per ;_month for, the. weekly eremoyal, of one (1)" can,
rmust
or: -container
per,. To qualify .'the `customer show `„satisfactory �,,'
%£ to 'the_city
proof,,,'
that he .or she:-,--,-
(a)` Is at` least• sixty-five (65)' years of .age or
a
xf ° ,3
totally -and '.permanently' disabled,
•
(b)'..,Has •a minimum annual income from` all -.sources of R
less than Four Thousand & 00/100 ($4,000.00) Dollars'
if single,' ,and less than Six' Thousand: & 00/100
($6 000.00) Dollars:+(combined'.income)•,if-married, ` `i;a=
,7
(c)', Is.'the single occupant,head of. household;
,or,
--responsiblefor payment -of 'the”
garbage 'Is
1b' 11 11 ' b t d credit '
7
co lection• i or wi e gran e proper.
resultant from this
.,provision andWWI
ri
..(e) 'Has resided at, .such residence for a period of not
-,
less -thanninety (90)` consecutive days.r t �`'
In addition, the customer must certify to.'the City ;that one x t
.can per :week is at least'. or "more -%than - adequate to meet - the normal
z=, needs of , the residence . or ; separate unit thereof.'
s • k. ;: (2) For each occupied :unit or units of a multi -family r�
residence the charge shall be Two & 55/100 ($2.55) Dollars per month
er..':..
s ..
`�for•.the.�weekly collection., of two (2)' cans per `unit. ` o
Y` t (3) For tach commercial• establishment the charge shall'be r '
Three,''&' .70/.100: ($1.70) •. Dollars=n'per'.month :for, the weekly collection
of two -(2) cans.
(4) For each public food establishment the charge shall be {
Fourteen & 25/100 ($14,:25) Dollars per month for the daily collection ',,X
`of one. (1) can.
u l :.* (5) The charge of 50/100 ($.50) Dollar per can per week 'shall';,,
.,.be.added for the collection of a can of solid waste over and above
w
zyt
the level of service required or permitted by ordinance or this `.'
tr,.3L`w t. agreement.
Q i
- TR
4
+k���x�77
`
'�ik• „ a s � ` ' K$ sok ?,.. � i �q £gM. �
" .'°" S• * ii-'{.; fir, isa�` ,tt` 'Y ,k ....-' ch4.aZTxrx.
be', a' minimum, of two (2) lectipns , per month- or, in the alternative,�-e'.`�,
($2.. 2 0). :Dollars per,,�c
:20/100 : cubic yard charge.
a'rate-'of Two
D. MISCELLANEOUS RATES:
Miscellaneous,rates"for service :not included in the base.
rates 'of paragraphs A,. B, arid'`C "above shall" be:
(1) ,Eighteen;' -and, -.75/1.00 .($18.75). {Dollars per hour for a
1, .,-;,,truck andt one, (1) man crew for - each special collection*.
(2)Twenty-Five and 00/100.,,($25.00) Dollars per hour for
�Twe.
a-truck and two (2) man crew
-for'bac4' special collection.
(3).Two & 50/100 ($2.50) Dollars per compacted cubic yard,
�plus disposal fee
Ot.i(4) Five & 00/100 --($5.00)- Dollars per' compacted cubic
yard if compactor belongs toiContractor, plus disposal fees_
'(5) For roll -off containers for special cleanups, Ten and
.00/100..($10.,00) Dollars per.day over
two,';(2) days, Five & 00/100
($ 5. 0 0) Dollars delivery charge, oneland.,10/100 ($1.10) Dollars
per cubic and plus disposal - site fees.
'
Four and 50/100 ($4.50) Dollars per trip
when customer failed. to place cans at. collection; point for 7 A—
regular
collection.
AM
*AX
',V
A
,i N
.f
RATES:;��
yCONTAINER
In, the event a multi-family.,'residence, a commercial -,'P'
establishment, .:.or;,� a public ,,-"f o6d :-establishment; elects, toutilize -,,,�,a.,",f,:�'
V
container,,,rather
than 'a ,,for'can,�.-,-,disposal-.!of solid"" aste ,:'th
charge !,,t,f or, collection~
o11ection o so 1 id,, wa s te;,`, f rom;*'conta in er s'. shal be
'-,'a.�,i":-
I'"
,Three&35/100„e-'($3,.3.5),,;.!Dollar.s- per collection, ,'�.:l:for
(1')-,�cubiq
yard''•container--.
(2)Four 15/10 0-($4 15) D ollars .::per- collection; -for
,,,-.:, ,
oneand ione
7 -half !-Jl., 1/2 ic,,',yard container._
_0��Cdu co
& ..15/ $5�. 15),�' Dollars
(3).,,'Five liection'f
per
two cu
:q
ic - 'yard d container..,... . 4. 4,
r,,, f6r-
(4) Six &,'?,25/100 25) :Dollars e. a
;per
P '!
I -- _collection. .., , *
,three (3)
cubic ,yard container .4'
,,* a
(5) Eight & 0.0/100. 00) --Dol lar s, per collection', --for
,
four (4)
cubic.y ard-container -.:.,
25) fora
.(6)',Ten.',&.I25/l()O'.($1-.0-1
:Dollars per .collection',-
ix 'cubic
container.
-Vi
-yard
";-Twelve -;:($12. 65)' Dollars per collection (7) 65/1 f or an,!
0 0!'
eight ;,(8),
cubic yard container
ROLL -OFF CONTAINER RATES.
4
For collection of" so,l•id waste contained' in.a'roll-off ,
-5
container,
the,,,charge, shall' -be One',and '10/100 ($1.10) Dollars, per r
I',
,,.,cu,b ,ic_ yard,--,,
_reasonable,,�disposal7site` For roll -off
plus fees.
containers
exceeding .two ,`(2)" cubic, :yards-. in capacitY- there.shall `•
be', a' minimum, of two (2) lectipns , per month- or, in the alternative,�-e'.`�,
($2.. 2 0). :Dollars per,,�c
:20/100 : cubic yard charge.
a'rate-'of Two
D. MISCELLANEOUS RATES:
Miscellaneous,rates"for service :not included in the base.
rates 'of paragraphs A,. B, arid'`C "above shall" be:
(1) ,Eighteen;' -and, -.75/1.00 .($18.75). {Dollars per hour for a
1, .,-;,,truck andt one, (1) man crew for - each special collection*.
(2)Twenty-Five and 00/100.,,($25.00) Dollars per hour for
�Twe.
a-truck and two (2) man crew
-for'bac4' special collection.
(3).Two & 50/100 ($2.50) Dollars per compacted cubic yard,
�plus disposal fee
Ot.i(4) Five & 00/100 --($5.00)- Dollars per' compacted cubic
yard if compactor belongs toiContractor, plus disposal fees_
'(5) For roll -off containers for special cleanups, Ten and
.00/100..($10.,00) Dollars per.day over
two,';(2) days, Five & 00/100
($ 5. 0 0) Dollars delivery charge, oneland.,10/100 ($1.10) Dollars
per cubic and plus disposal - site fees.
'
Four and 50/100 ($4.50) Dollars per trip
when customer failed. to place cans at. collection; point for 7 A—
regular
collection.
AM
*AX
',V
-4-
(7) 25/100 ($.25). Dollar per can for collection of solid
waste over twenty-five (25) .feet, . but less than fifty .(50) feet. fromY F
the collection `point; 35/.100 ,r($.35) ;Dollars. peri can,`for* collection�of'r�tn
rr 4 ,
solid waste over fifty (50.) ;feet, but _less,,.than seventy-five, (75)
feet from the collection point; and 50/100 ($.50) Dollar per can
for collection of solid waste over seventy-five (75) feet from the
collection point.
(8) For special pickups,.on the regular collection route, .;.,
after notification by the -customer to'the Contractor, .'a fee*of. no
more than -Four and 00/100 ($4.00) Dollars for each item collected
shall be charged; for special pickups not on a regular collection
route a return trip fee of Four and 50/100 ($4.50) Dollars may be
charged in addition hereto.
..(9) On all services other.than those outlined in paragraph
lA (Can",Rates) above, 'a_billing charge of 25/100 ($.25) Dollars may.rlsF�
be added to each bill.
E. MINIMUM CHARGES:
In the event the Contractor determines that certain minimum
container service levels are required, the minimum level shall be
two (2) pickups per week for one (1), one and one-half.(1 1/2), and•:
two (2) cubic yard containers and Thirty -Six &'00/100 ($36.,.00)
Dollars minimum charge for a.three (3) cubic yard container.
F. SERVICE TO CITY: ;f
'r w
' The Contractor shall make collections at all.City Parks,.,#k r,
Fire Stations, the City Hall, the Library, Municipal Garage, water.T''4ry`'
shops and other City -owned or leased public buildings at least once
each week and it shall be reimbursed for such service at the standard
rates hereinabove set forth.
G. SPRING AND FALL CLEANUP:
The Contractor, at no cost to either the City or its
residents, shall make collection .of solid waste other than garbage
and swill during the one week in the Spring of each year designated
by the .City as Spring Cleanup Week and one week in . the Fall: of each, .r c
year designated by the City as Fall Cleanup Week. r
2. TERM. This agreement shall supersede any prior agreement
between the partie on the date it commences. The term of this
agreement shall commence on January 1, 1979, and shall terminate on
September 30, 1982, unless sooner terminated as herein provided..
3. PERFORMANCE BOND. The Contractor'agrees to the full
performance of all covenants herein contained and agrees to furnish t' a
to the City a performance bond in the amount of Thirty -Five Thousand
& 00/100 ($35,000.00) Dollars to insure performance by itself, for
and by its heirs, executors, administrators, successors and assigns,
2t
-5-
which in addition shall provide for the payment to all.laborers,
mechanics, and subcontractors and material men, and all persons who.,....,
shall, supply such Co
ntractor:,with'i:provisions and supplies; for carryying,-.,i,
.64 v ,Vl�vy
V.`t
on the work described' herein.
4. DEFINITIONS. Unless the context clearly required otherwisef
words used in this contract that are defined in Pasco Municipal Code
Section 6.04.020 shall have the definition contained therein.
5. INDEMNIFICATION. The Contractor agrees to indemnify the
City against any.2and all claims for loss, liability, death -or damage
arising out of or in connection with the solid waste service and in
connection with or arising out of the acts or omissions of the
Contractor, its officers, agents, or employees, however caused.
The Contractor shall appear and defend any action or suit instituted
against the City arising in any manner,.out of the acts or omissions
defined hereinabove. The Contractor's duty to indemnify hereunder.
shall include all costsor expenses arising out of all claims
specified herein, including all court and/or arbitration costs,
filing fees, attorney fees and costs of settlement.
6. INSURANCE. The Contractor shall procure and maintain
continuously during the term.of this agreement comprehensive general
,-liability insurance and other insurance necessary, including blanket
.contractual liability insurance, to protect the City from"any and
all claims made or arising out of Contractor -'s solid waste service
with limits of liability of not less 'than One Hundred -Thousand•&-"-�,'
00/100 ($100,000.00) Dollars for all damages arising out of Contractor.!,s! -
solid waste service with limits of liability of not less, than One'
Hundred Thousand & 00/100 ($100,000.00) Dollars for all damages
arising out of bodily injuries to or death of one person, and a.
total limit of not less than Three Hundred Thousand &-00/100.,.
'($300,000.00) Dollars for all damages arising out of bodily injuries
,
to or death of two or more persons in any one accident;-One*Hundred
Thousand & 00/100 ($100,000-00) Dollars for all damage arising out,
of injury or destruction of property in any one occurrence; and
excess One Millioni& 00/100 ($1,000,000.00) Dollars single limit
coverage for any one occurrence of combined personal injury and/or
property damage.
All policies of insurance shall name the City as an additional
insured and shall not be cancelled without first giving the City
thirty _(30) days prior written notice. gg
All insurance required under the agreement shall be subject
to the approval of the City for adequacy of protection and certified
copies of all insurance policies shall be filed with the City Clerk
of the City upon execution of this agreement.
A.,
7. BILLING AND COLLECTION. The Contractor shall perform all
customer billings and shall collect all payments for services..
rendered `.hereunder; .'prox� id ed,..,, however,,' that the Contractor-, shall _have ,,�z�,
7 1 1
the right to refuse, as qualified hereinbelow, - to collect -solid 1
waste from a customer who is delinquent by a month or more in his
account. An account is delinquent by -failing to pay the amount
due for services received by the date stated in a billing received.
In order to invoke the right to refuse to collect solid waste, the
Contractor -shall apply to the City -in writing, stating on.,oath"'
the name' and location of,the delinquent account, the amount of.
the delinquency, and the procedure utilized to attempt to collect
the delinquent amount; and the City, after receiving the merits
of the application and making a determination that the Contractor
has made a good faith effort to collect, and that the account remain
'delinquent'by 4 month -or more, shall grant the.Contractor in writing E,,,,,.:„
the right to refuse to collect solid waste from the delinquent
customer until the delinquency is paid.' Provided the customer
has been provided prior written notice, the customer may be charged
interest at the rate of twelve per cent (120) per year from the
date of delinquence or fifty cents.($.50), whichever is greater.
The customer may also be charged all the costs of collecting the
1 447"
delinquent amount including -,,reasonable attorney's fees. The
contractor may collect anyamounts owed in the manner provided'by.
.law, including the,.enforcement of a lien on, -the property of the
account-
8. OWNERSHIP OF EQUIPMENT. All vehicles, facilities, equipment'..",`4
and property used in performance of the work under this agreement
.
shall be wholly owned and maintained by the Contractor; provided,
however, that the Contractor may lease or rent equipment after
having obtained the prior written approval from the City; and
provided further that the City may at its option furnish equipment -
for use by the Contractor..
9. OFFICE. The Contractor shall maintain a local. off ice, within
the City, which office shall have a telephone and such attendance
may be necessary t� handle complaintsf orders for special service.,
or to receive instructions from the City. This office shall be in
operation between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, except holidays, unless otherwise permitted by the
t.
City.
10. REPORTS. In addition to any report required by law, the'',. -
Contractor shall furnish to the City an annual report within three.,
(3) months of the end of each calendar year which shows the number
and size of loads and approximate tonnage of solid waste hauled by
him from within the City to the disposal.site during the year.
The Contractor shall furnish.the City current maps of •its collection ch
routes and days'of collection..",,The-Contractor shall.give.the,`City, }�
at least five (5) days notice prior, to the date of collection of
any change in the day of collection or in the location of any route.
11. REQUIREMENTS ON CONTRACTOR'S EMPLOYEES. The Contractor's
employees shall be required to be courteous at all times and shall
not use loud or profane.language and shall do their'work as quietly.,',:,,
'as possible:.,When`collecting,:solid.:.waste they shall follow regular ' {t'
walks for pedestrians` while on private property. They shall replace
covers on cans and close all gates opened by them. Employees shall
wear clean uniforms or clothing.. In the event an employee spills
or tracks debris, he shall be required to immediately clean and.
remove the material. If the employee does not do so, the Contractor ,,'_v
shall clean and remove,such.material..within two (2) hours after s
notice is given by the City orlits,inspector.;
All workmen employed by the Contractor shall be competent and
skilled in the performance of the work to which they may be assigned.
Failure or delay in the performance of this contract due to the
Contractor's inability to obtain workmen of'the number.and skill
.r
required shall constitute a default of the contract.
Salaries paid to employees of the Contractor, together with
benefits, shall be equal to or:more.than the mandatory federal y
and/or state standards.
12. MISSED COLLECTIONS.''Special pickups for missed collections
t
not the fault of the customer shall be made by the Contractor when
ordered by the City or its inspector at no extra cost to the City
or the customer. In order to facilitate a determination of default
for missed collections, the Contractor shall cause to have written, y- ,
down in a daily log the addresses, of all residences and businesses.,
that failed to -place garbage out.of collection at`the proper and`,
t
regular time. Failure to so note such facts will create a presumption
that the garbage was -In fact placed out at its proper time and that
the .Contractor was in fault for missed collections..
If the Contractor fails to provide a special pickup within
twenty -fours (24) fours of notification by the City or its inspector,
the City may cause to have the work done and charged to the
Contractor at the rate of twice the normal charge for such pickup,
but •not .less than, Five & '00/100 ($5.00) Dollars 'for any such pickup.;'°`'�t {
13. LIQUIDATED DAMAGES. Because a breach of the serviceprovided.
by this agreement would cause serious and substantial damage to
the City and its occupants, and the nature of this contract would
_. .... ' ... ,.. ..,' .�...�`. t' --
r -
i
render it impracticable or extremely difficult to fix the actual
16. COMPLIANCE WITH LAWS. Throughout the term of this contract
the Contractor, at its expense, will promptly comply with all
present and future laws and regulations of all federal, state and
.municipal governments, including Chapter 6.04 of the Pasco Municipal,-'.?,;
Code which by'this reference is incorporated herein as though fully i
set forth as a part hereof. The Contractor shall also comply with,-
the,lawful orders of all courts, departments,. commissions, boards,,- j
officers, or any olther body exercising similar functions,'with " €
respect to the collection, transportation and disposal of solid waste..'
17. ASSIGNMENT. This agreement shall not be assigned without
prior written cons nt of the City.
18. DEFAULT. If the Contractor shall be in default in the
performance of any covenant•contained.herein and it is not-cured,r
within 1.5 days after receiving written notice thereof by the City or,``'S"'' '
if the default shall be of such a nature that it cannot be cured, then,
in either event, the City may forthwith terminate this agreement.
_
i
q,
..- r• -w. —. ,-- —._.-.+-.....-.w� �. .•... _... .. YlM���"....w+N.+Y+r•M.wMi.Psr� _ /. r ,..,
damage sustained by the City by such breach, it is agreed tha in.
case . of•. breach of;''service the 'City'. may;: elect to collect .liquidated ;
}
damages for each such breach and the Contractor agrees to.pay.the
4.;
City asIliquidated damages, and not as a penalty, the amounts set' `
forth hereinbelow, such sums being agreed as the amount which the
City will be damaged by the breach of such service. Any election
to seek such remedies shall not be construed as a waiver of any
remedies the City may have as to any,subsequent breach of.service�. r,.
• p + J t • .�`�.'`x
P
i
under this agreement. "
A truck beginning residential collection $10.00 per day. - ..
prior to 7:00 a.m.
Failure to collect missued collections $ 5.00 per day - but
within twenty-four (24) hours of not to exceed $.50.00
notification to Contractor per truck per day:.
Repetition to complaints on a route $ 2.00 -per day - but!
after notification for spilling,.not not to exceed..$20.00
.
closing gate, crossing planted areas, per truck per day.
or similar violations
`
14. ANNEXATION. Attention is directed to R.C.W. 35A.14.900,
regarding the rights of franchise or permit holders for solid waste
collection and/or disposal within areas which may be annexed to the
City.,
15. NON-DISCRIMINATION. The Contractor shall.not discriminate'h,;
against any person with respect to the terms and conditions of
employment, including but not.limited'to the hiring or discharging_ };.4'.'-F
because of such person's age, sex, race, creed, color, or national'
origin.
16. COMPLIANCE WITH LAWS. Throughout the term of this contract
the Contractor, at its expense, will promptly comply with all
present and future laws and regulations of all federal, state and
.municipal governments, including Chapter 6.04 of the Pasco Municipal,-'.?,;
Code which by'this reference is incorporated herein as though fully i
set forth as a part hereof. The Contractor shall also comply with,-
the,lawful orders of all courts, departments,. commissions, boards,,- j
officers, or any olther body exercising similar functions,'with " €
respect to the collection, transportation and disposal of solid waste..'
17. ASSIGNMENT. This agreement shall not be assigned without
prior written cons nt of the City.
18. DEFAULT. If the Contractor shall be in default in the
performance of any covenant•contained.herein and it is not-cured,r
within 1.5 days after receiving written notice thereof by the City or,``'S"'' '
if the default shall be of such a nature that it cannot be cured, then,
in either event, the City may forthwith terminate this agreement.
_
i
q,
..- r• -w. —. ,-- —._.-.+-.....-.w� �. .•... _... .. YlM���"....w+N.+Y+r•M.wMi.Psr� _ /. r ,..,
L55
This agreement shall automatically -terminate if the Contractor
shall be adjudicated a bankrupt, make .a,'.general assignment for the
.benefit of'creditors,,.take the 'benefit of a r
any insolvency o ;if
a permanent receiver or trustee in bankruptcy shall be appointed for.
ya
the Contractor's property.
19. ATTORNEY FEES. The Contractor agrees to pay reasonable
attorney fees in the event the City is required to retain an
attorney to enforce the Contractor's obligations hereunder.
20.; ARBITRATION. All disputes with respect: to the handling of,""..-"*
complaints under this agreement shall be submitted to the City
Manager of the City for final resolution.
21. MODIFICATION. This agreement constitutes the entire
agreement between the parties hereto and shall not be'modified,-
except.in writing and on terms mutually agreed upon by both parties.,,,;,''-.`
The Contractor shall. have ..t,he',right,,upon..giving sixty (60) 1 days
written notice to the,'City, to request -.renegotiations of the rates.
herein and shall have the burden of establishing a substantial
change in circumstances justifying a rate increase.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
BASIN DISPOSAL, INC .,sd/b/ai CITY OF PASCO-,
PASCOG CE
SE�VI
00,
"al-IGE
By
6hn Dietrich, Presideht, 'Chet.Bailie, Mayor
APPROVED AS TO FORM: ATTEST:
f
A
Dehnis J. De Fdlice, City Attorney Charles T. Criscola,
Ex Officio City Clerk
STATE OF WASHINGTON)
:ss.
County of Franklin
On this day personally.appeared before me John Dietrich,
President of Basin Disposal, -Inc. , and to me known to be the
authorized representative for the above-named Contractor and •who
executed the withi
and foregoing instrument, and acknowledged that,
he signed the same
as his free and voluntary act and deed, for the'
uses and purposes
herein mentioned.
ven under my
hand and official seal this./, day;,Qfl-,-.,-_
197r __7
c in d for' fty��i
Notan
Washington, residing at
P
L55
-10- i
STATE OF WASHINGTON)
:ss.
County of Franklin
' On this day personally appeared before me Chet Bailie and-
' Charles T. Criscola, Mayor and Ex Officio City Clerk of the City
of Pasco, and to me known to be the authorized representatives for
the above-named City and who executed the within and foregoing
instrument, and acknowledged that they signed the same as his
free and voluntary act and.deed, for the uses and purposes therein
mentioned.
i
�vn under•. my hand and-,official-'seal;this L day of `
y
i�'R IS ii k
197
t
No ary u lic in and for th tate of
Washington, residing-at;
t
{
f
}. ... .cr ..` «, t �. .. r. .4'��.. v nYq - ,3fJ .'- r •f, d,'i, t r