CONTRACT FOR SOLID WASTE HANDLING AND DISPOSAL

Between

CARROLL-NASLUND DISPOSAL, INC.

And

CITY OF POMEROY

 

 

            This Contract is entered into to be effective January 1, 2016, by and between the City of Pomeroy, a municipal corporation operating under Title 35A, Revised Code of Washington; of the State of Washington and situate in the County of Garfield, State of Washington (hereinafter referred to as "City"), and Carroll-Naslund Disposal, Inc., an Idaho corporation licensed and authorized to transact business in the State of Washington, (hereinafter referred to as "Contractor") pursuant to the authority granted cities in RCW 35A.11.020 and RCW 35.21.120, is as follows:

 

            WITNESSETH: That for and in consideration of payments and agreements hereinafter specified below:

 

            1. Solid Waste and Service Area.  As June 7, 2005, Contractor has had the exclusive right during the term of a Franchise to collect and haul for hire over the streets and alleys of City all solid waste collected from public and private customers located within the territories of the corporate limits of City as existed or may have, during the term of the agreement, be expanded by annexation. "Solid Waste" was interpreted to mean and include all waste ordinarily and customarily hauled away and dumped. Excluded from the definition of "Solid Waste" and excluded from this franchise agreement was any "special" or "hazardous" as then or hereafter defined under any rule, regulation, administrative code or statute in the State of Washington or under Federal law or as determined by the Asotin County Regional Landfill.

 

            Under this contract, effective of the enabling date in paragraph one, the same Solid Waste Service area, definitions, and exclusions are to be continued. The parties agree that the previous Franchise is hereby terminated by mutual agreement and is replaced by this contract upon execution of this contract.

 

            2. Service Requirements. Contractor shall be required to furnish collection service to any person or organization, public or private, within the corporate limits of City who are under the City's mandatory garbage ordinance.

 

            Contractor shall offer, at the least, three weekly collections of solid waste throughout those areas zoned commercial and industrial in the Pomeroy Zoning Code except on weekends and at least once a week in all other areas; provided, that City may modify this clause as to frequency of collections of solid waste and shall negotiate with the Contractor the hours during which collections will be made, and the contractor shall comply with both the City-determined frequency of collections and the mutually negotiated hours during which collections shall be made.

 

            3. Recyclables. Contractor will not be under any obligation to collect and dispose of recyclables in any manner different from non-recyclable solid waste provided herein.

 

            4. Office or Telephone. The Contractor shall provide an office and/or answering machine or local or toll‑free telephone service during normal business hours, 8:00 a.m. to 4:00 p.m., Monday through Thursday and 8:00 a.m. to 12:00 p.m. noon on Friday, through which the City and residents of the City may contact the Contractor on any matter which relates to the performance of its services under this Contract.

 

            5. Expenses. The Contractor shall pay all expenses connected with the collection, removal and transport of solid waste, recyclables, and yard waste in accordance with the laws of the State of Washington.

 

            6. Insurance. The Contractor shall procure and maintain for the duration of the Contract, Commercial Vehicle general liability insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performances of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors and shall provide a Certificate of Insurance evidencing Commercial Vehicle general liability insurance written on an occurrence basis with limits no less than $500,000 combined single limit per occurrence.

 

            Any payment of deductible or self-insured retention shall be the sole responsibility of Contractor.

 

            The City shall be named as an additional insured on the insurance policy in respect to work performed by or on behalf of the contractor, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. Contractor has produced evidence of such coverage satisfactory to City.

 

            Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) days prior written notice of any cancellation, suspension, or material change in coverage.

 

            7. Contractor Indemnity. The Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from and against any and all claims, demands, damages, judgments, losses, liability and expense (including attorney's fees), including but not limited to those for personal injury, death or property damage suffered or incurred by a person, by reason of or in the course of performing this Contract which is or alleged to be caused by or may directly or indirectly arise out of any act or omission of the Contractor, its officers, employees, attorney's fees incurred by the City defending the same.

 

            8. City Indemnity. The City shall indemnify, defend and hold harmless the Contractor, its officers, agents, and employees from and against any and all claims, demands, damages, judgments, losses, liability and expenses (including attorney's fees), including but not limited to those for personal injury, death, or property damage suffered or incurred by any person, by reason of or in the course of performing this Contract which is alleged to be caused by or may directly or indirectly arise out of any act or omission of the City, its officers, employees, agents and volunteers. This Contract shall also include all costs and attorney's fees incurred by the Contractor.

 

            9. Nondiscrimination. Contractor will not discriminate against any employee or applicant for employment because or race, creed, color, national origin, sex, disability (as required by the American with Disabilities Act) or age. The Contractor will ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, disability (as required by the American With Disabilities Act) or age. Such action shall include but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training.

 

            The Contractor will, in all solicitations for employees or job orders for employees placed with any employment agency, union or other firm or agency, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national rights, sex disability, or age. The words "equal opportunity employer" in advertisements shall constitute compliance with this Contract, if such wording is also in compliance with the American With Disabilities Act.

 

            The Contractor will include the provisions of this section in every subcontract or purchase order for the goods or services which are the subject matter of this Contract.

 

            In the event of noncompliance by the Contractor with any of the nondiscrimination provisions of this Contract, the City shall have the right at its option, to cancel the Contract in whole or in part.

 

            10. Payment for Services — Compensation.

 

A) Consideration received by Contractor

            For the full and faithful performance of the services required to be performed by the Contractor pursuant to this contract, Contractor shall be compensated in accordance with the schedule of rates and charges attached hereto as Appendix A or as amended during the term of the contract as provided for below. Payment shall be made to contractor by each residential and commercial customer according to the Contractor's billing procedure.

 

            Contractor shall be completely responsible for billing customers and collecting all amounts due without recourse against the City for nonpayment by customers. Contractor shall make all records pertaining to billing and collection available to City upon request by City.

 

            The fee to be charged and collected by Contractor from persons served for services performed under this Contract shall be reasonable and within the maximum current schedule of rates approved by the City. The initial schedule of rates, which is hereby approved and applicable at the time of the signing of this Contract, is attached as Exhibit "A" and incorporated herein by this reference. During the term of this agreement or any extension or renewal thereof, the City agrees it will not lower this or the then existing rate to be charged for services without the prior written consent of the Contractor and the Contractor agrees it will not raise rates without the prior acceptance of the City. The current charges as shown on Exhibit "A" are based on the Asotin County Regional Landfill's current tipping fee of $49.73 per ton. The City agrees that any increase or decrease in tipping fee by the Asotin County Regional Landfill shall be automatic grounds for a pro-rata increase or decrease in said charges and any request by Contractor or City for rate increases or decrease on this basis will be approved by the City and Contractor but will not go into effect until the City has time to notify the public as required by State Law.

 

B) Consideration received by City

            Contractor shall pay to City a contract fee of one percent (1%) of gross receipts. Not including state solid waste taxes, and all other direct and pass-through taxes, on all accounts within the City including both commercial and residential accounts. Said contract fee is in addition to any City utility taxes. Payments shall be made to the City not less than thirty (30) days following the close of each calendar quarter.

 

            Dates for the free residential yard waste collections shall be coordinated with the City Superintendent, and the City shall give notice to the public. Contractor shall provide free residential yard waste collection not less than two times during the year, at least once in the spring and once in the fall (in conjunction with the County's spring and fall collection dates) and one Christmas tree pickup upon request by the customer.

 

C) Notification of Rate Changes

            The City shall notify the public of each proposed rate increase for a solid waste handling service. The notice may be mailed to each affected ratepayer or published once a week for two consecutive weeks in a newspaper of general circulation in the collection area. The notice shall be available to affected ratepayers at least forty-five days prior to the proposed effective date of the rate increase. (RCW 35A.21.152)

 

In addition to the rates approved by the City, Contractor shall be authorized to collect from customers on a pass through fee basis all Utility Tax collected by City and Refuse Tax and Solid Waste Tax of the State of Washington.

 

            11. Term. The term of this Contract shall be for a period of five (5) years from the effective date in paragraph one. The initial five (5) year term of this Contract shall be automatically extended for an additional five (5) year term unless either party notifies the other party in writing not less than one hundred eighty (180) days prior to the expiration of the initial five (5) year Contract of its intention to terminate. Any such notice shall be served by certified mail or registered mail, return receipt requested.

 

            The City may terminate this Contract at any time, upon failure of the Contractor to comply with any terms hereof or any applicable federal state or City laws, regulations, or ordinances, but only upon notice to the Contractor served thirty (30) days prior to termination and only if the Contractor during said time refuses to comply, without due cause, with the Contract terms, ordinances, or laws as specified in the notice.

 

            12. Trucks. All trucks used by Contractor for the collection and hauling of solid waste shall be maintained in safe operating condition at all times. Each truck shall be equipped with a closed body that incorporates a hydraulically operated device for compacting solid waste.

 

            13. Performance and Compliance with Laws. Throughout the term of this Contract or any extension thereof, the Contractor, its directors, officers, agents, employees and subcontractors, and all equipment used by the Contractor in performance of this Contract shall comply with any and all applicable federal, state and local laws, rules, regulations and ordinances. This shall include, but not be limited to, all such laws pertaining to safety standards and practices; safety and quality standards applicable to vehicles, dumpsters and other equipment; standards applicable to pick up, hauling and disposal or all items to be handled by the Contractor pursuant to this Contract. Such compliance shall be at the sole cost and expense and be the sole responsibility of the Contractor.

 

            Contractor shall also comply with all local, state or federal ordinances, rules, regulations, or statutes pertaining to the collection, hauling and disposal of solid waste within service area of this agreement.

 

            Contractor shall provide its services in a professional, businesslike, efficient and prompt manner, subject to the limitations of service provided below. Upon request or either party, the parties will in good faith discuss any problems and difficulties which arise in this regard and seek to remedy the same toward these ends.

 

            14. Limitations of Services.

 

(a)  Contractor may refuse to pick up materials from points where, because of the condition of the streets, alleys or roads, it is impractical or dangerous to persons or property to operate vehicles

 

(b)  Contractor may refuse to drive into private property when, in the collector's judgment, driveways or roads are improperly constructed or maintained or without adequate turn-arounds or have other unsafe conditions

 

(c)  Contractor will not be required to enter private property to pick up material while an animal considered or feared to be vicious is loose. The customer will be required to confine the animal on pickup days.

 

(d)  Contractor's schedule will meet reasonable requirements, including, but not be limited to sensitivity to residential service times (no garbage pickup before 6:00 a.m. in commercial zones and 7:00 a.m. in residential zones). Schedule may be affected by the days and hours the Asotin County Regional Landfill is open.

 

(e)  Garbage pickup may be missed due to weather or road conditions and any service so missed will be provided on the next available weekday as conditions permit, at no extra charge to the Customer. Any service missed through Contractor mistake or error will be provided not later than the next working business day after notification by the Customer to Contractor.

 

(f)  Other than to offer reasonable care, the collector assumes no responsibility for articles left on or near cans or units.

 

(g)  Where Contractor is required to provide service, and damage occurs to a Customer's driveway due to reasons not in the control of the Contractor, the Contractor will assume no responsibility.

 

            15. Notices. Except as otherwise may be provided in this Contract, all notices required hereunder shall be delivered personally or mailed by certified mail, return receipt requested, to the parties as follows:

 

Contractor:

Carroll-Naslund Disposal, Inc.

P.O Box 418 Lewiston, ID 83501

Phone: (800) 958-5755 Toll Free or 509-758-5755 Local

 

City:

City of Pomeroy

P.O. Box 370 Pomeroy, WA 99347

Phone: (509) 843-1601

 

            16. Customer Solicitation. Contractor shall ensure that all City of Pomeroy residents and businesses are informed of the changes in solid waste service provider created by this Contract and that said residents can avail themselves of the services of Contractor with minimal effort. Contractor at the least shall inform City of Pomeroy customers about the changes in services created by this Contract through a mailer to all potential Pomeroy customers' information regarding the services available to them and an 800 number to call.

 

            17. Definitions. As used in this agreement or any exhibits attached, the following words shall have the definitions provided:

 

Bulky Materials:        Empty carriers, cartons, boxes, crates, etc., or materials offered for, disposal, all of which may be readily handled without shoveling.

 

Cart:                           Wheeled plastic container--will be supplied by contractor.

 

Charge:                      A set flat fee for performing a service. Or, the result of multiplying a rate for a unit times the number of units transported

 

Container:                  A detachable container which is left at a customer's premises and emptied into the collector's truck and is lifted by mechanical means.

 

Gate Charge:             A flat fee charged for opening, unlocking or closing gates in order to pick up solid waste.

 

Pass Through Fee:    Pass through fees at this time are Business and Occupation Tax collected by City and the State of Washington Refuse Tax and Solid Waste Tax. They are fees that are billed directly to the customer without markup or markdown by the Contract.

 

Permanent Service:   In conjunction with containers and drop boxes, when service is provided for a period of more than ninety days.

 

Temporary Discontinuance of Service: Service will be discontinued on a temporary basis at no charge to the customer for any residential customer who will be absent for one month or more, provided customer gives prior written/verbal notice of dates to Contractor.

 

Unit:                           A can made of durable, corrosion-resistant nonabsorbent material, watertight with a close fitting cover and two handles. Size to exceed 20 gallons but not to exceed 32 gallons or 4 cubic feet. Cannot weigh more than 65 pounds when filled or more than 12 pounds when empty.

 

Unlatching:                Another term for gate charge. A flat rate imposed by Contractor collection when their personnel must unlatch a gate or door to perform pickup service.

 

Unlocking:                 A flat fee imposed by Contractor when their personnel must unlock padlocks or other locking devices to perform pickup service.

 

            18. Agreement with Asotin County Landfill. During the term of this agreement or any extension or renewal thereof, the City shall be required to have a written agreement with, the Asotin County Regional Landfill authorizing Contractor to dispose of waste collected by Contractor under this agreement.

 

            19. Solid Waste Collection — Mandatory — Exemptions. During the term of this agreement or any extension or renewal thereof, the City's current solid waste mandatory collection and exemption ordinance must remain in full force and effect.

 

            20. .Applicable Law/Venue. This Contract shall be governed by the laws of Washington State. Venue for any action hereunder shall be in Garfield County, Washington.

 

            21. Modification. This Contract may only be modified or amended in writing, duly authorized and signed by each party.

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their authorized officials the Contract in duplicate, each of which shall be deemed an original on the date first above written.

 

 

CARROLL-NASLUND DISPOSAL, INC.

 

 

By: _____________________________________               Date:__________________

      James H. Naslund

      Owner of Carroll‑Naslund Disposal, Inc.

 

 

CITY OF POMEROY

 

By: _____________________________________               Date:___________________

      G. Paul Miller, Mayor

 

 

Attest:

 

_________________________________________

Shaun Martin City Clerk/Treasurer

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