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HomeMy WebLinkAboutFranchise Agreement with Sanitary Service, Inc. for Sanitary ServicesA G R E E M E N T THIS AGREEMENT, Made and entered into this lst day of August, 195$, between the CITY OF MERIDIAN, a municipal corporation, and SANITARY SERVI CE, INC., an Idaho corporation, having its principal place of business at Meridian, Idaho, party of the second part, CAI I T N E S S E T H: WHEREAS, the City of Meridian has heretofore under authority of Ordinance No. 95 of the City of Meridian, advertised and receive bids for the hauling of garbage, refuse and trash within the cor- porate limits of the City of Meridian, and ?r~HEREAS, Second party submitted the lowest and best bid which said bids the Mayor and Council of said city accepted and approved. NOW THEREFORE, in consideration of the covenants herein co n-- GRANT L. AMBR08E ATTORNEY'AND COUNSHLOR ' fl2B EAST-FIRST' MERI OIAN: IDAHO TELEPHONE 8.2881 tained, it is hereby agreed as follows: 1. That the City of Meridian, does hereby contract with second party for the removal of garbage, refuse and trash from the City of Meridian and within the corporate limits thereof for a period of four (1a.) years from August 1, 195$ and it is specifically agreed that the rates and chargesfbr this service shall be as follows: Single family residence ('curb or alley) X1.25 per month Additional 25~ for carry outs of 75 feet or less. Multiple dwellings, three units or less (curb or alley) 1.25 for first unit. 1.00 each additional unit. Multiple dwellings,, four units or more (curb or alley) $1.25 for. the first can. .75 each additional can. Commercial Rates per month (curb or alley) A. One pickup per week "1.25 first can and 75~ each additional can. B. Multiple pick-up per week 1.25 first can and 75~ each additional pickup day requir d. •75 second can and 75¢ each additional pickup day required. Bulk (light weight) 1.00 per yard. Bulk (heavy weight) Rate by hour or yard, whichever is greater. S.OO for one man and truck. 7.00 for two men and truck. 2. 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 a.nd account for a.ll moneys both billed for and collected. 3. It is agreed that the City shall receive for this service the sum of twelve (12°fD) per cent of all. moneys collected. 1a.. 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 settler merit remit to second party in onelump sum the amount due for the performance of this contract for the month immediately preceeding. It is fully understood and agreed that all billings and collections shall be done by the City. The City agrees to use all reasonable means of collection and the monthly payment to second party shall ~Ibe based on all accounts actually collected for the preceding month City, agrees tonotify 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 _ 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 GRANT L. AMBR08E ATTORNEY ANO COUNSELOR 928 EAST PIRBT MERIDIAN. IDAHO TELEPHONE 8-2881 to and include by reference all of the terms and provisions of Ordinance No. 95 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 shall fai-1 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 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 thirty (30) days the City shall have the right to declare this contract forfeited, shall retain all moneys heretoS~e paid to the City as its percentage under this contract, and shal7_ upon declaration of forte feiture account to second parties 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 required by said City. It is further agreed ,t hat second party has the right to ter-- urinate this contract after first giving first party six (6) months written notice. IN WITNESS ?n1HERE0F, the parties hereto have hereunto' set their hands and seals, the day and year in this agreement first above written. C TY VHF MERIDIAN ~ I j~;' „_ x ~Ma r ~ ~~ C er.!' SANITARY Sr; TIC , NC. ATTEST: J ~, ..~G ~~ BY: ~ C~~~": ~GxC~.~'-c ~ ~~~~~~~~ President Secretary. STATE OF IDAHO ) ss. County of Ada ) On this /.SJ` day of , 1~5,~, before me, the under- signed, a Notary Public in and fo said State, personally appeared DON M. STOREY and HERALD J. COX, known to me to be the Mayor and City Clerk, respectivelyy, of the City of Meridian, and wi//,c ,eat .Pot /~ and ~ i a d-~ f,S ~o w/~v , known to me to b e the Presid nt and Secretary, respectively, of the Sanitary Service, Inc. and acknow]aiged to me that such City and Corporation executed the same. IN WETNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. lotary Publ' c fo Idaho Residence: Meridian, Idaho. ~6RANT L. AMBROSE ATTORNEY AND COUN96LOR 3Y9 EAST PIRST MBRIDIAN~IDAHO TELEPHONE 8-2881