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HomeMy WebLinkAboutFranchise Agreement with Sanitary ServicesA G R E E M E N T THIS AGREEMENT, Made and entered into this ~~ day of Febrsar~ , 1970, by and between the CITY OF MERIDIAN, a municipal corporation, and SANITARY SERVICE, INC,, an Idaho cor- poration, having its principal place of business at Meridian, Idaho, party of the second part, W I T N E S SET H:- WHEREAS, the City of Meridian, has heretofore under authority of Title 7, Chapter 3 of the Ordinances of the City of Meridian, had a contract with second party for the hauling of garbage, refuse and trash within the corporate limits of th,e City of Meridian, and WHEREAS, the parties hereto have renegotiated said contract under authority of said Ordinance as hereinafter contained, NOW THEREFORE, in consideration of the covenants herein con- tained, it is hereby agreed as follows: 1, That the City of Meridian does hereby contract with second party for the removal of garbage, refuse and trash from the City of Meridian and within the corporate limits thereof for a period of Sixteen (16) years from September 9, 1968 and it is specifically agreed that the rates and charges for this service shall be as follows: Single family residence (curb or alley) $1.75 per month Additional $1,20 for carry outs of 75 feet or less, Multiple dwellings, four units or less (curb or alley) $1,75 for ~~eh', unit ,Over four units, price will be determined by commercial rates. Bulk (light weight) $3000 per yard (heavy weight) Rate by hour or yard, whichever is greater, $10000 for one man and truck, $14.00 for two men and truck, AMBROSE, FITZGERALD & LONGETEIG ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN, IDAHO 83642 ELEPNONE 888-4461 2a It is agreed that for all pickups and service within the City of Meridian the billings therefor shall be handled by said City and the said City shall receive and account for all moneys both billed for and collected, 3. It is agreed that the City shall receive for this service the sum of ten (10%) per cent of all moneys collected, 4, It is further agreed that said City will balance and settle the accounts connected with this contract on or about the 10th day of each month. and will immediately following the settle- ment remit to second party in one lump sum the amount due for the performance of this contract for the month immediately preceding. It is further understood and agreed that all billings and collection shall be done by the City, The City agrees to use all reasonable means of collection and the monthly payment to second party shall be based on all accounts actually collected for the preceding month® City agrees to notify second party of all delinquent accounts within 60 days, and all delinquent accounts collected shall be accounted for and distributed to the parties hereto every three months. Second party shall have the right to inspect City's books at all reasonable times to check the accuracy of the accounting under this contract. 5. It is further agreed that this contract shall be subject to and include by reference all of the terms of Title 7, Chapter 3 of the Ordinances of the City of Meridian, under authority of which this said contract is executed, 6. It is further agreed that in the event second party AMBROSE. FITZGERALD & LONGETEIG ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN. IDAHO 83642 TELEPHONE 888-4461 shall fail to perform the services required under this contract or default in the performance thereof, said City shall have the right to cancel the same upon first giving second party thirty (30) days written notice of the nature and manner in which it is in default and upon failure of second party to correct or remove said default within said period of 30 days, the City shall have the right to declare this contract forfeited, shall retain all moneys heretofore paid to the City as its percentage under this contract, and shall upon declaration of forfeiture account to second .party for all moneys due on the date of forfeiture, and in .such event second party specifically agrees to cease and desist ,from the performance of any services called for by this contract within the City of Meridian, and the City shall be immediately released therefrom and shall have the right to enter into such other and different contract as it may deem necessary for the performance of the services by the City required. 7, It is agreed that the rates and charges herein set forth shall be reviewed by the parties every two years and adjusted up or down as economic conditions justify. AMBROSE, FITZGERALD & LONGETEIG ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN. IDAHO 83842 TELEPHONE 888-4461 8. It is agreed that all apartments or other units on one water meter shall be charged to the registered owner of said meter as shown on the records of the City, 9. It is agreed that all residential units are allowed two cans under the basic charge with an additional charge of 75~ per month for each additional can, and further, that not to exceed three bushels of trash or bundles of brush per trip will be hauled without extra charge, 10. It is further agreed that second party has the right to terminate this contract after first giving first party six (6) months notice in writing. This agreement supersedes any and all prior agreements entered into between the parties hereto. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year in this agreement first above written. CIT OF ~ RIDIAN By: ATTEST: yor L i - Ci y Clerk SANITARY SERVICE, INC, By: ATTEST:. / President ~ '? ~( Secr ary STATE OF IDAHb ) ss. County of Ada ) On this -~---- day of 1970, before me, the under- signed, a Notary Public in and for aid State, personally appeared DON M. STOREY and HERALD J. COX, M yor and City Clerk, respectively, of the City of Meridian, and WILLARD ROWLEY and ELIZABETH ROWLEY, President and Secretary, respectively, of Sanitary Service,Inc., and acknowledged to me that they executed the same for and on behalf of said City and corporation, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certific e first above written, ~ (SEAL) Notary Pub is for• daho Residence: Meridian, o, AMBROSE. FITZGERALD & LONGETEIG ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN. IDAHO 83642 fE LEPHONE 888.4461