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Home My WebLink About1235 ResolutionRESOLUTION NO. 1235 WHEREAS, the City of Pasco and Basin Disposal, Inc., having entered into a Contract on December 18, 1978, relating to garbage service in the City of Pasco, and WHEREAS, the parties hereto agreeing that there should be a change in the billing and collections section of said Contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council of the City of Pasco does hereby approve the attached Amendment to Contract, an executed copy of which is attached hereto and by this reference is incorporated herein, and authorizes the Mayor and City Clerk of the City of Pasco to execute said Amendment to Contract with Basin Disposal, Inc. PASSED by the City Council of the City of Pasco this 20 day of February 1979. AP ROVED AS TO FORM: d � do �IL6'— Dennis J. D Fe ce, City Attorney AMENDMENT TO CONTRACT This Agreement made and entered into this 20 day of February 1979, 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., doing business as Pasco Garbage Service, hereinafter referred to as the "Contractor"; is an amendment to an Agreement entered into between the parties on the 18th day of December, 1978. The Agreement entered into between the parties was for the purpose of•.•., establishing a contractual relationship with the Contractor for the collection of garbage within the City of Pasco. The amendment to the Agreement shall be to Section 7 contained on page -six of the Agreement.. Section 7 shall be amended to read as follows: "7. BILLING AND COLLECTION. The Contractor shall perform all customer billings and shall collect all payments for services rendered hereunder; provided, however, that the Contractor shall have the right to refuse, as qualified hereinbelow, to collect solid waste from a customer who is delinquent by two months 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 must provide to the City in writing, stating on oath, the name and location of the delinquent account, the amount of the delinquency, that the accountis delinquent by two months or more, that the customer- has been sent one bill and two reminders, that the Contractor has received no word from the customer as to special payment problems the customer may be having, that a fourth notice of non-payment giving notice of termination has been ignored by the customer. The fourth notice of non-payment shall be printed in both Spanish and English. Upon providing the above, the Contractor shall have the authority to terminate service to the customer. The Contractor shall notify the City of such terminations. The Contractor shall have the above authority after it has made a one time notification to all of its current customers of its change in collection policy per the attached information letter, a copy of which is attached hereto, marked Exhibit "A", and by this reference incorporated herein. This letter must be mailed at least one month prior to implimentation of the policy change. The Contractor may also invoke the right to refuse to collect solid waste upon applying to the City in writing, stating on oath, the name and location of the delinquent account, the amount of the delinquency, that the account is delinquent by two months or more, that the customer has been sent one bill and two reminders, that the customer has been sent a fourth notice of non-payment and termination, that the application r.. -2- also contains a summary of any responses received from the customer, ,and the City, after reviewing the merits of the application and making ;�. a' determination that the Contractor has made a good faith effort to,. 1=e collect, and that the account remains delinquent by two months -or more, grants the Contractor written permission to terminate service to the customer. Provided the customer has been given prior written notice, the customer may be charged interest at the rate of twelve (12%) percent �r per year from the date of delinquency or a fifty cents ($.50), whichever,,, is greater. The customer may also be charged all the costs of collecting the delinquent account, including reasonable attorneys fees. The Contractor may collect any amounts owed in the manner provided by law, including the.enforcement of a lien upon the property of the account. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ; BASIN DISPOSAL, INC., d/b/a CITY OF PASCO PASCO GARBAGE S'ERVI E ' By: By: ohn Dietrich, Presi ent Chet Bailie, Mayor APPROVED AS TO FO AT Dennis J. De"Fe ice, City Attorney elyn Wel s, 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 within and foregoing instrument, and acknowledged the. said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the o;? -0 day of 1979. No(ais in and for t:. e ' e of Washington, residing at +�".+t:r M - � . .at,.+�.. ,q.�• .yi ^ ..r ,l.r� �_— �–.. _ � � a � ! ... .a. 1.• - c _ _t �.+ -3- i STATE OF WASHINGTON) :ss. County of Franklin ) On this day personally appeared before me Chet Bailie'and '>r;: x Evelyn Wells, Mayor and City Clerk of the City of Pasco, respectively11. and to me known to be the authorized representatives for the above- named City and who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal r of said corporation. to ss my hand and official seal hereto affixed this ?-//day ofdt 1979. M�. Notary Puh c{ a ffd fog: the, ctatg,: , of Washington, residing ,at i I i,q a--'�'�.� %•-«'.r+:. .,.;'"!'-d i • h'. _ ,1.• A� � . NA _. .1:. ..r ^"Nrj` �N"'l„ _. w•` 1 „a. __ __ ... y x,,..2';.• � , ,- . , - _ _ " ,aH: :�;, , • . - ,. - ,yam. � . EXHIBIT "A" BASIN DISPOSAL, INC. P. O. BOX 650 * 420 E. AINSWORTH PASCO, WASHINGTON 99301 TELEPHONE 547-2476 AREA CODE 509 Dear Customer: As you know the current inflation rate is driving the cost of all goods and services higher and higher every day. Because of this inflationary pressure and its effect on the money market (interest rates of 12'/1;o to 13'/2;� for short term notes), we have decided to.make a change in our current credit policy. As of February 28, 1979, all accounts that are past due (60 days and over) will be subject to cancellation seven days from the date of a written termination of service notice. We at Basin Disposal value your business and want to remain "in tune" with our customers needs and desires. If you have questions or special problems I should know about, let me know prior to cancellation of service. 0 i Very truly yours, Michael V. Siemion S RESOLUTION NO. 1235 WHEREAS, the City of Pasco and Basin Disposal, Inc., having entered into a Contract on December 18, 1978, relating to garbage service in the City of Pasco, and WHEREAS, the parties hereto agreeing that there should be a change in the billing and collections section of said Contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council of the City of Pasco does hereby approve the attached Amendment to Contract, an executed copy of which is attached hereto and by this reference is incorporated herein, and authorizes the Mayor and City Clerk of the City of Pasco to execute said Amendment to Contract with Basin Disposal, Inc. PASSED by the City Council of the City of Pasco this 20 day of February 1979. Chet Bail A Evelyn Wells, City Clerk AP ROVED AS TO FORM: do Dennis J. DZ' �Fe ce, City Attorney e, Mayor CITY 01F PA POST OFFICE BOX 293 PASCO, WASHINGTON 99301 i February 21, 1979 Basin Disposal, Inc. P.O. Box 233 Pasco, Washington 99301 Attn: John Dietrich Dear Mr. Dietrich: At the regular meeting of the Pasco City Council, held February 20, 1979, they passed Resolution No. 1235 relating to billing and collection. A copy of the Resolution and Signed Amendment is attached for your records. Please send a copy of all termination notices to our Environmental Inspector, Harry Elzie. Thank you for your continued cooperation, Sincerely yours, ew Evelyn Wells City Clerk