Ordinance - 2005 - 526 - Allied Waste Franchise Agreement Amendment - 10/18/2005ORDINANCE NO. 526
AN ORDINANCE IN ACCORDANCE WITH IDAHO CODE 50-329, 50-329A, AND 50-344
GRANTING A FRANCHISE TO ALLIED WASTE SERVICES OF NORTH AMERICA, LLC,
A CORPORATION, AND TO ITS SUCCESSORS AND ASSIGNS, TO OPERATE WITHIN
THE CORPORATE LIMITS OF THE CITY OF EAGLE, IDAHO, GARBAGE COLLECTION
SYSTEMS AND FACILITIES FOR SUPPLYING GARBAGE COLLECTION SERVICE TO
THE CITY, THE INHABITANTS THEREOF, AND OTHERS FOR A TERM OF SEVEN
YEARS IN ACCORDANCE WITH THE WASTE COLLECTION SERVICES CONTRACT
BETWEEN THE CITY OF EAGLE, IDAHO, AND BFI WASTE SYSTEMS, INC., DATED
DECEMBER 15, 1998, THE ADDENDUM TO THE SOLID WASTE CONTRACT DATED
DECEMBER 12, 2003, THE SECOND ADDENDUM TO WASTE COLLECTION SERVICES
CONTRACT APPROVED BY THE CITY OF EAGLE ON AUGUST 9, 2005, AND THE
CONSENT TO ASSIGNMENT TO ALLIED WASTE SERVICES OF NORTH AMERICA,
LLC APPROVED BY THE CITY OF EAGLE ON AUGUST 9, 2005, AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO
THAT:
SECTION 1: The City of Eagle, Idaho (hereinafter called the "City") hereby grants to
ALLIED WASTE SERVICES OF NORTH AMERICA, LLC, a corporation, and to its
successors and assigns (hereinafter called the "Grantee") the right, privilege and franchise for a
period of seven (7) years ending December 31, 2012, to engage in the business of collecting,
transporting, processing and disposing of solid waste kept or accumulated and placed for
collection by households, multi -family complexes and businesses within the corporate limits of
the City, garbage collection systems and facilities for supplying garbage collection services to the
City, and the inhabitants thereof, and to persons and corporations beyond the limits of the City,
including the nonexclusive right to operate garbage collection facilities of the Grantee all subject
to the terms and conditions of the Waste Collection Services Contract between the City of Eagle,
Idaho, and BFI Waste Systems, Inc., dated December 15, 1998, the Addendum to the Solid
Waste Contract, dated December 12, 2003, and the Second Addendum to Waste Collection
Services Contract, approved by the City on August 9, 2005, attached hereto as Exhibits "A," "B,"
and "C," respectively, and by this reference fully incorporated herein.
SECTION 2: The Grantee shall assume the cost of publication of this franchise as such
publication is required by law.
SECTION 3: The Grantee shall within thirty (30) days after final passage of this
ordinance, file with the City Clerk its acceptance of this franchise in writing signed by its proper
officers and attested by its corporate seal.
SECTION 4: Inasmuch as the Grantee now is maintaining and operating the garbage
collection systems and facilities in the City, it is hereby adjudged and declared that this ordinance
ORDINANCE NO. — - Page 1
is necessary for the preservation of the public peace, health and safety, and therefore this
ordinance shall take effect upon its passage, approval and publication.
PASSED AND ADOPTED by the Council of the city of Eagle, Idaho this /F/4 day of
(L % her- , 2005.
APPROVED by the Mayor of the City of Eagle, Idaho this / -/,1,r day of
, 2005.
ATTEST:
Sharon K. Bergmann,
City Clerk
(SEAL)
ACCEPTANCE
ALLIED WASTE SERVICES OF NORTH AMERICA, LLC, as the franchisee, accepts the
franchise set forth in the above Ordinance and agrees to abide by the terms and conditions
thereof.
DATED this
By:\ A
ATTEST:
(Seal)
day of
Noy
A ecii
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po4t,.
ORDINANCE NO. - Page 2
, 2005.
EiiHIBIT A
WASTE COLLECTION SERVICES CONTRACT
BETWEEN
THE CITY OF EAGLE, IDAHO, AND BFI WASTE SYSTEMS, INC.
THIS CONTRACT is entered into by and between the City of Eagle, a political
subdivision of the State of Idaho (hereinafter "City"), and BFI Waste Systems, Inc.
(hereinafter "Contractor") for the purpose of accomplishing the collection of solid waste to
include trash and recyclable materials from residences, multi -family complexes, and
businesses in the City of Eagle as such boundaries exist on the effective date of this
CONTRACT.
WITNESSETH
WHEREAS, by ordinance adopted and codified as Eagle City Code Title 4,
Chapter 2, Section 5, FRANCHISE REQUIRED TO COLLECT GARBAGE, the City has
provided for its authority to grant contracts for waste; and,
WHEREAS, Contractor submitted a proposal to provide such waste collection
services to the City of Eagle; and
WHEREAS, City evaluated and selected Contractor's proposal to provide
such services;
NOW THEREFORE, the parties, in consideration of the promises contained
herein, agree as follows:
1. GENERAL CONTRACT PROVISIONS
1.1 CONTRACT DOCUMENTS
This document consists of the following:
A. This CONTRACT;
B. Exhibit A - Contractor Proposal; and
C. Exhibit B - Customer Rate Schedule.
D. Exhibit C - Price Escalation Factor.
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1.2 DEFINITION OF TERMS
For the purposes of this CONTRACT, all terms, phrases and words shall have
the following meaning:
A. Bin. A container used to separate and set out recyclable materials for
collection by Contractor.
B. Bulky Waste: Large appliances, including stoves, water tanks, washing
machines, or furniture, and other waste materials with weights or volumes
greater than those allowed for cans, which may be collected separately for
recycling. Bulky waste does not include construction and demolition waste,
dead animals, hazardous materials, or stable matter.
C. Business: An establishment used for sales, office, manufacturing,
production, entertainment, service or a similar use, whether for profit or not.
Includes for-profit and not-for-profit enterprises operated in residences or
other structures, institutions, agricultural operations, and short-term housing,
such as hotels and motels.
D. Carry -Out Service: Optional household service in which Contractor's
collection personnel collect solid waste set out beyond the usual collection
site and/or in fenced yards.
E. City: The City of Eagle, Idaho.
F. Construction Debris: Waste building materials resulting from construction,
remodeling, repair, or demolition operations.
G. Container: A can, bag, wheeled trash cart or other authorized receptacle
designed to prevent spillage or leakage of trash. May be customer -owned
or Contractor -supplied.
H. Contractor: BFI Waste Systems, Inc.
I. Council: Eagle City Council.
J. County: The County of Ada, Idaho.
K. Customer: An occupant or owner of any premises, including a household,
multi -family complex, business, institution or other establishment in the
service area for which solid waste service is or has been provided.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 2 of 32
L. Force Maieure: Acts of God or the public enemy, fire, floods, epidemics,
earthquakes, quarantine restrictions, and strikes not created by Contractor.
M Hazardous Materials: Any chemical, compound, mixture, substance, or
article which is designated by the United States Environmental Protection
Agency or appropriate agency of the State to be "hazardous" as defined by
or pursuant to federal or state law.
N. Household: A separate dwelling or residence in the service area occupied
by a person or group of persons, with trash collection in customer -owned
cans or Contractor -supplied wheeled trash carts and recycling collection in
individual Contractor -supplied bins. Each dwelling or residence is billed as
an individual unit.
O. Medical Waste: Waste which may contain infectious agents generated or
produced as a result of the diagnosis, treatment or immunization of human
beings or animals, or related research, including but not limited to non -
containerized sharps, infectious laboratory waste, waste from the
production of bacteria, viruses or spores, human surgery specimens,
infectious animal parts, or trace amounts of chemotherapeutic agents
affixed to items used for the administration of same. Excludes de minimus
quantities of containerized sharps or other medical waste generated at
households.
P. Multi -Family Complex: A building or group of buildings or structures in the
service area with two or more units, with trash collection in centralized
customer -owned or Contractor -supplied small containers, excluding
wheeled trash carts. All units are billed collectively on one bill.
Q. Recyclable Materials: Products or substances, including but not limited to
paper, cardboard, metal, or plastic, capable of being reprocessed or reused,
which have passed through their originally intended usage and which have
been discarded or placed for collection by their owner in accordance with
the methods prescribed in this CONTRACT, whether or not such products
have monetary value.
R. Resident or Owner: Every person, including lessees and occupants, in
possession, charge, custody, or control of any residence, multi -family
complex, or business within the service area where solid waste is
accumulated.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 3 of 32
S. Service Area: Incorporated areas of the City of Eagle. Includes all
properties owned by the City.
T. Solid Waste: Trash and recyclable materials generated by residential,
industrial, business, institutional and agricultural customers.
U. Solid Waste Director: The person appointed by the Council to oversee the
City solid waste management system and to administer this CONTRACT.
V. Stable Matter: All manure and other waste matter normally accumulated in
or about a stable or any animal, livestock, or poultry enclosure, and resulting
from the keeping of animals, poultry, or livestock.
W. Trash: Solid matter of animal, vegetable, metal or other materials discarded
for landfilling, including bulky waste, construction and demolition waste,
dead animals weighing 10 pounds or less, and stable matter. Excludes
materials which have been properly set aside for recycling, hazardous
materials, medical waste, and dead animals weighing over 10 pounds.
X. Yard: A measurement of the cubic volume of solid waste.
Y. Yard Waste: Plant material (grass, branches, brush, flowers, tree wood
waste, etc.) commonly thrown away in the course of maintaining yards and
gardens, and other biodegradable waste, including leaves and Christmas
trees.
1.3 AUTHORITY & PRIVILEGE GRANTED
A. Exclusivity: City hereby grants exclusively to Contractor the authority and
privilege to engage in the business of collecting, transporting, processing
and disposing of solid waste kept or accumulated and placed for collection
by households, multi -family complexes and businesses within the corporate
limits of the City of Eagle and to perform all of the work called for and
described in this CONTRACT.
B. Non-Exclusivitv: Provided, however, that this exclusive authority and
privilege does not extend where declared herein to be non-exclusive. Such
authority and privilege granted to Contractor shall be non-exclusive with
respect to the following:
1. Self -haul solid waste by residents and businesses in conformance with
all appropriate health and safety regulations, ordinances and laws;
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 4 of 32
2. Federal and State-owned facilities, such as military bases, except to the
extent allowed by state and federal laws;
3. Hazardous materials;
4. Medical waste;
5. Yard waste; and
6. Dead animals weighing over ten (10) pounds.
C. First Richt of Refusal: If the City opts to contract for additional services for
the non-exclusive hauling of solid waste, the City will offer Contractor first
right of refusal to haul such materials.
1.4 TERM
A. First Term: The first term of this CONTRACT, as amended, shall begin
January 1, 1999, and shall end at midnight, December 31, 2005.
B. Renewal Authority: The City shall have the sole right to renew the Contract
for additional terms of up to seven years. The City shall give the Contractor
five months' written notice of its intention to exercise this option to renew the
CONTRACT. If the City extends the CONTRACT, the terms, conditions,
and methods of payment in effect at the time of renewal shall apply during
the extended period, provided that the CONTRACT may be amended by the
parties from time -to -time pursuant to the provisions herein.
1.5 ANNEXATIONS
In the event that the City annexes additional areas of the County during the term
of the CONTRACT, Contractor for County shall retain exclusive right under this
CONTRACT to collect solid waste within the newly annexed area for a period of
up to one (1) year after the annexation takes effect. Provided, however, if the
annexation occurs prior to any development occurring in the area or in an area
in which no service has previously been provided by Contractor for County,
exclusive right under this CONTRACT to collect solid waste shall be extended
to Contractor upon the effective date of annexation.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 5 of 32
1.6 TERMINATION AND DEFAULT
A. Termination for Cause: The City may terminate this CONTRACT for cause
if Contractor fails to perform or defaults on any of the responsibilities herein,
except by acts of Force Majeure.
B. Corrective Action: If, in the estimation of the Council, Contractor has failed
to perform or defaulted on any or all of the responsibilities herein, the City
shall provide Contractor written notice by certified mail of intent to terminate
CONTRACT, detailing Contractor's failure to perform and/or default. The
City shall grant Contractor a period of ten (10) days from receipt or delivery
of written notice to correct said failure or default. If Contractor fails to
correct said failure or default within ten (10) days, the City may terminate
this CONTRACT immediately by notifying Contractor in writing by certified
mail, as provided in Section 5.7 herein.
C. Bond Payments: In the event of termination or default, payment and
performance shall be provided under the bonds as set forth in Section 2.11
herein.
2. DUTIES OF THE CONTRACTOR
Contractor is responsible for furnishing skill, labor, vehicles, containers, equipment,
materials, and supplies, in accord with solid waste services specified in this
CONTRACT; for performance of work under this CONTRACT by its officers and
employees; for entering and maintaining all service and billing data; for billing
customers for services rendered; for collecting and processing customer payments for
services rendered; for paying a franchise fee to the City as set forth in Section 2.8
herein; for informing customers of proper setout procedures and other information
relevant to duties of the customer; for supplying all records and information required
by this CONTRACT; for securing at Contractor's expense all governmental permits and
licenses and required regulatory approvals; for paying all applicable taxes and fees;
for complying with applicable laws and regulations, and other duties mutually agreed
upon.
2.1 CONTRACTOR ASSURANCES
All payments to workers and subcontractors are the responsibility of Contractor
and in no event is the City a guarantor of any claim or demand or judgment
against Contractor for wages or other payments.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 6 of 32
2.2 SCOPE OF SERVICES
A. RESIDENTIAL SERVICE
1. Voluntary Service: Residential service shall be voluntary. Residential
service within the service area shall be provided solely by City's
Contractor. Contractor shall make residential service available to all
single-family households, duplexes, triplexes, and four-piexes in the
service area. Where operationally feasible and at the option of the
owner/manager, Contractor shall make residential service available to
residents of mobile home parks and multi -family complexes in the
service area.
2. Unlimited Weekly Collection: Residential service shall consist of weekly
collection of unlimited trash and recyclable materials properly set out by
customer in approved containers, as specified in Section 3 of this
CONTRACT, on the designated collection day.
3. Recvclina Service: Contractor shall collect recyclable materials
separately from trash, on the same day and at the same location,
whether curbside, alley, or carry -out, in Contractor -supplied bins.
Contractor shall distribute one bin to each customer with residential
service. Bins shall remain property of Contractor.
4. Recyclable Materials: Contractor shall collect the following recyclable
materials from residential customers in the service area according to
the following schedule:
a. Weekly:
1. Aluminum beverage cans.
2. Steel cans, also called tin cans.
3. Aerosol cans - empty food, cosmetic, cleaning, paint, and other
aerosol containers normally found in households, excluding
pesticides.
4. Newspaper - groundwood, also called newsprint, including
inserts, but excluding telephone books.
5. Plastic containers - any color empty plastic container designated
#1 (PETE), #2 (HDPE), or #3 (PVC) with a neck smaller than the
base, excluding plastic motor oil and anti -freeze containers.
6. Maaazines - glossy paper magazines and catalogs.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 7 of 32
7. Recovered paper products - white and colored ledger, household
mail, envelopes, brochures, cereal, candy and other food or one -
layer boxboard boxes, paper bags, wrapping paper and greeting
cards. Excludes telephone books, waxed paper products and
liners, foil, and food or otherwise contaminated paper products.
8. Cardboard boxes - corrugated cardboard, with a wavy or rippled
filler glued between two pieces of paper, such as moving boxes.
Excludes wax -coated cardboard.
9. Used motor oil - up to two gallons per household.
b. As specified:
1. Maior appliances - freon and non-freon units. Collection shall be
offered a minimum of twice weekly.
2. Christmas trees - weekly during a specified one or two-week
period in December and/or January. Excludes wreaths and
flocked trees.
3. Leaves and yard waste - may be added during the term of the
contract, subject to negotiation between the City and Contractor.
5. Carry -Out Service: Upon customer request, Contractor's collection
personnel shall provide carry -out service for residential customers.
Contractor shall enter customers' yards to provide carry -out solid waste
collection only if containers are visible from the street or alley and
reasonably accessible, gates are unlocked, and there is no threat to
collection personnel from an unfriendly animal. Contractor shall not be
required to enter locked gates.
6. Availability of Service: Contractor shall not refuse to provide residential
service to any customer who complies with the terms of this
CONTRACT and all relevant statutes, ordinances, and regulations.
Contractor may refuse to provide residential service to any customer
who fails to follow proper setout procedures and to use approved
containers specified in Section 3: Duties of the Customer, of this
CONTRACT.
B. MULTI -FAMILY SERVICE
1. Voluntary Service: Multi -Family service shall be voluntary. Multi -family
service within the service area shall be provided solely by City's
Contractor. Contractor shall make multi -family service available to all
multi -family complexes in the service area.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 8 of 32
2. Centralized Trash Collection: Multi -family service shall consist of
centralized collection of trash a minimum of once and a maximum of six
times per week in customer -owned or Contractor -supplied small
containers (2-8 yards).
3. Recycling Collection: Where operationally feasible, at the request of the
multi -family complex owner and at an additional fee, Contractor shall
offer the following three recycling service options:
a. recvclina bin collection: Contractor shall supply each participating
unit one recycling bin. Contractor shall collect the same recyclable
materials collected at residences in individual recycling bins.
Recyclables in bins shall be collected one time per week on a day
and in a location specified by the Contractor.
b. cardboard collection: Contractor shall supply specially designated
containers for centralized collection of cardboard boxes for recycling
at participating multi -family complexes. Containers shall be placed
at a location specified by the Contractor. Cardboard shall be
collected a minimum of once per week on a regularly scheduled
basis. Centralized collection of additional recyclable materials may
be offered in the future.
c. Christmas trees: Contractor shall supply specially designated
containers for separate collection of Christmas trees for recycling at
participating multi -family complexes. Containers shall be placed at
a location specified by the Contractor and serviced according to the
temporary service guidelines outlined in Section 2.2C2b of this
CONTRACT.
d. appliances: Contractor shall offer collection of freon and non-freon
units a minimum of twice weekly.
4. Availability of Service: Contractor shall not refuse to provide multi-
family service to any complex that complies with the terms of this
CONTRACT and all relevant statutes, ordinances, and regulations.
Contractor may refuse to provide multi -family service to any complex
that fails to follow proper setout procedures specified in Section 3:
Duties of the Customer, of this CONTRACT.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 9 of 32
C. BUSINESS SERVICE
1. Voluntary Service: Business service shall be voluntary. Business
service within the service area shall be provided solely by City's
Contractor. Contractor shall make business service available to all
businesses in the service area.
2. Trash Collection: Business service shall consist of trash collection in
customer -owned or Contractor -supplied containers. Contractor shall
provide four types of business service: permanent, temporary, small
business, and home business.
a. Permanent:
1. Reaular: Customer -owned compactors (4-40 yards) or
Contractor -supplied small containers (2-8 yards), compactors (4-
40 yards), or roll -off boxes (20-40 yards) serviced a minimum of
once and a maximum of six times per week, according to a
consistent collection schedule.
2. On -Call: Customer -owned compactors (4-40 yards) or
Contractor -supplied roll -off boxes (20-40 yards) serviced within
one business day of customer's request. Permanent on-call
service shall not be provided in small containers (2-8 yards).
b. Temporary:
Contractor -supplied small containers (2-8 yards) or roll -off boxes
(20-40 yards) serviced as follows:
1. delivered within two business days of customer payment or
waiver of deposit specified in Exhibit B. On or before the date of
delivery, customers requesting temporary service shall sign a
damage waiver holding Contractor and the City harmless in the
event of damage to property during delivery or service of
containers or boxes.
2. rented on a daily or monthly basis;
3. serviced within two business days of customer request;
4. serviced a minimum of once per month; and
5. period of service not to exceed three (3) months from delivery
date within one calendar year. Beyond the prescribed three-
month temporary service period, customers with temporary
service shall be required to select a permanent regular service
option in order to continue receiving solid waste collection.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 10 of 32
c. Small business:
Contractor -provided wheeled trash cart serviced weekly. Available
to businesses that meet the following criteria:
1. lack physical space and/or do not choose to receive trash
collection in a 2 -yard or larger Contractor -supplied container;
2. are not located along a residential route; and
3. set out trash in a location requiring Contractor to depart from
public streets, alleys, or rights of way.
d. Home business:
Maximum of three customer -owned cans or one Contractor -provided
wheeled trash cart serviced weekly. Available to businesses that
meet the following criteria:
1. owner resides in same location;
2. premises are located along a residential route; and
3. Contractor is not required to depart from public streets, alleys, or
rights of way to provide collection.
3. Recycling Collection: Where operationally feasible, at the request of the
business owner and at an additional fee, Contractor shall offer separate
collection of cardboard boxes for recycling. Contractor shall supply
specially designated containers for recycling cardboard boxes at
participating businesses. Containers shall be placed at a location
specified by the Contractor. Cardboard shall be collected a minimum
of once per week on a regularly scheduled basis. Collection of
additional recyclable materials may be offered in the future.
4. Appliances: Contractor shall offer collection of freon and non-freon
units a minimum of twice weekly.
5. Availability of Service: Contractor shall not refuse to provide business
service to any customer who complies with the terms of this
CONTRACT and all relevant statutes, ordinances, and regulations.
Contractor may refuse to provide business service to any customer who
fails to follow setout procedures specified in Section 3: Duties of the
Customer, of this CONTRACT.
2.3 SPECIAL COLLECTION
Contractor may provide for the special collection of waste or other materials
excluded from this CONTRACT at its discretion and at a reasonable price
negotiated with the customer. Contractor shall be responsible for obtaining
appropriate disposal facilities for any waste Contractor hauls which is not
accepted at the Ada County Landfill.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 11 of 32
2.4 COLLECTION EQUIPMENT
Contractor shall furnish, during the period of this CONTRACT, a sufficient
number of persons, trucks, and equipment to collect and dispose of solid waste
contracted for collection in the City. Said equipment shall be maintained and
operated in a clean and sanitary condition at the expense of the Contractor.
A. VEHICLES
1. Vehicle Specifications: Contractor shall furnish specially designed
vehicles with watertight metal bodies and suitable covers of approved
type for the collection and hauling of solid waste. The equipment shall
be clean, uniformly painted and clearly marked for its volume capacity
and identified for use pursuant to this CONTRACT and equipped with
warning devices, subject to review and approval by the City. All
vehicles will be licensed, in good running order, lighted and safety
inspected for highway operations. The City shall not assume or bear
any liability from any safety inspection or review of the Contractor's
equipment and vehicles provided for under this CONTRACT.
2. Inventory: Contractor shall maintain an inventory of equipment,
showing each vehicle (type, capacity, approximate age) used in
performing the CONTRACT. Contractor may change equipment from
time -to -time and shall revise the inventory accordingly. Contractor shall
maintain a vehicular fleet which will at all times be adequate to perform
the responsibilities of this CONTRACT.
B. CONTAINERS
1. Residential Service: At no fee to the customer, Contractor shall
distribute one recycling bin to each residence with residential solid
waste service. Customers may supply their own trash cans/bags as
specified in Section 3.1A. At the request of the customer and at the fee
specified in Exhibit B, Contractor shall supply a wheeled trash cart not
to exceed 105 gallons in capacity to each residence with residential
solid waste service.
2. Multi-Familv Service: Contractor shall supply small trash containers (2-
8 yards) and recycling containers to multi -family complexes with multi-
family service at the fees specified in Exhibit B. At no fee to the
customer, Contractor shall distribute one recycling bin to each unit
participating in bin recycling.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 12 of 32
3. Business Service: Contractor shall supply trash and recycling
containers to businesses at the fees specified in Exhibit B.
4. All containers shall meet or exceed industry standards.
2.5 COLLECTION PROCEDURES
A. Accessabilitv: This CONTRACT shall grant to the Contractor the right of
ingress and egress, to cross all public streets, alleys and rights of way in the
City. Collections shall be made on the streets and rights-of-way of the City
in a manner of least delay and inconvenience to the public. Contractor shall
use backways and alleys where operationally feasible. It shall be unlawful
for any person to deny reasonable access to the Contractor to collect waste
from a household, multi -family complex, or business.
B. Responsibilities of Collection Personnel: Contractor shall hire competent
and skilled workers. Collection personnel shall follow the traveled portion
of streets, alleys, and roadways, or the regular walks for pedestrians while
on private property, and shall take care in loading of such waste so that
none of the material to be collected is left upon the private property or the
streets, alleys, or roadways. Collection personnel shall return the containers
with all properly prepared and legal contents removed and replace lids
thereon. Contractor shall not place in any street or alley, in carrying out this
CONTRACT, any obstructions to traffic.
C. Hazardous Materials: Contractor shall not be required to collect and
transport hazardous materials. If such materials are collected, disposal
shall take place only under supervision or as required by an appropriate
Health Protection Officer or other public health official. Contractor shall not
knowingly dispose of hazardous materials at the Ada County Landfill,
without appropriate notice to and approval by the City and compliance with
all federal, state and local laws and regulations.
D. Disposal Site: Contractor shall haul all legally acceptable solid waste
collected in the service area to the Ada County Landfill or the County's
designated disposal site, or an approved recycling facility. Upon request,
the Contractor's driver shall fully disclose the contents of the vehicle to
County landfill personnel.
E. Prohibition Aaainst Litter: No roadside littering during collection or from
Contractor's vehicles shall be allowed. Contractor shall immediately clean
up any litter that results from collection process.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 13 of 32
2.6 COLLECTION HOURS AND DAYS
A. Residential Service: Residential solid waste service shall be provided by
Contractor between the hours of 7:00 a.m. and 7:00 p.m., Mondays through
Saturdays.
B. Multi-Familv and Business Service: Business solid waste service shall be
provided by Contractor between the hours of 4:00 a.m. and 7:00 p.m.,
Mondays through Saturdays. Where businesses are located adjacent to or
near enough to residences for operations to disturb the peace and quiet of
the inhabitants, business solid waste service shall be provided between the
hours of 7:00 a.m. and 9:00 p.m.
C. Sundays/Holidays: Service shall not be required on Sundays or on the
following holidays: New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, and Christmas Day. Should any of the above
holidays fall on a normal collection day, collection shall be made the
following work day and, accordingly, the rest of the week's collection shall
be a day later than usual.
2.7 CUSTOMER SERVICE
A. Local Office: Contractor shall maintain a local office with telephone service
and such staff as needed to respond to customer contacts, including service
requests and orders for missed collections. Office hours shall be 8:00 a.m.
to 5:00 p.m. of each working day except Saturday. If collections are
delayed as a result of a mid -week holiday, office hours shall be from 8:00
a.m. to 12 noon on the Saturday following.
B. Public Information: Contractor shall prepare and distribute information
regarding solid waste service in the service area to the public and news
media. City review and approval of all public information regarding solid
waste service is required prior to dissemination.
C. Resolution of Complaints: For each complaint or failure to make collection
as scheduled or other alleged condition under this CONTRACT by any
residential, multi -family, or business customer, Contractor shall promptly
and courteously make an evaluation and/or correction of such complaint
within one (1) business day after receipt of the complaint or as otherwise
agreed with the customer.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 14 of 32
2.8 BILLING SERVICES
A. Service Data: Contractor shall enter and maintain all residential, multi-
family, and business service data, including but not limited to type of
service, size and type of container, if rented, and frequency of collection.
B. Billing Data: Contractor shall enter and maintain all residential multi -family,
and business billing data specified in Exhibit B.
C. Customer Billina Schedule: Contractor shall bill all customers according to
the type of service provided as follows:
1. Residential and Small Business Service:
Quarterly in advance.
2. Multi -Family and Business Service:
a. Monthly in advance for container rental;
b. Monthly in arrears for regularly scheduled permanent service;
c. Monthly in arrears for on-call service.
D. Collection of Payments: Contractor shall collect payments from residential,
multi -family, and business customers according to the rates authorized in
Exhibit B.
E. Billina Disputes: Contractor shall follow BFI Corporate credit and collection
policies to resolve all billing disputes.
2.9 FRANCHISE FEE
A. Authorization to Collect: City authorizes Contractor to collect a franchise
fee from residential, multi -family, and business customers with solid waste
service. This fee shall be regarded as the consideration paid by Contractor
to the City for the franchise and license to provide solid waste service in the
service area.
B. Payment by Contractor: Contractor shall pay City a franchise fee of eight
percent (8%). Franchise fee shall be calculated based on gross revenues
collected in the service area. Payment shall be made quarterly. Contractor
shall be under no obligation to pay City for any account for which customer
has failed to make payment.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 15 of 32
C. Quarterly Accountina Statement: Contractor shall prepare a quarterly
statement using Generally Accepted Accounting Principles including but not
limited to: the number of customers served; the number of services provided
during the previous quarter; and gross revenues collected for services
provided in the service area during the previous quarter.
D. Payment Procedures: Contractor shall submit quarterly accounting
statement and payment of franchise fee in person to the office of the City
Clerk no later than the fifteenth (15th) of the month following each calendar
quarter.
E. Failure to Comply: Contractor and City agree that the City may invoke
termination procedures specified in Section 1.6 herein should Contractor fail
to comply with the provisions of this Section.
2.10 DATA COLLECTION AND REPORTING
A. Monthly Report: Contractor shall submit to the City a monthly report
detailing volumes of trash and recyclable materials collected and waste
collection services donated within the service area. Monthly reports shall
be due to the City 15 business days following the month in which data is
collected.
B. Annual Report: Contractor shall submit to the City an annual report
summarizing data reported in monthly reports. Annual report shall be due
to the City the 1st day of the month following the end of the fiscal year.
2.11 FAIR LABOR PRACTICES
Contractor shall guarantee fair labor and nondiscrimination practices in
accordance with federal and state laws including but not limited to the FLSA,
and shall be responsible for the public conduct of all personnel when acting
within the scope of their employment.
2.12 INSURANCE
A. Required Insurance Levels: During the term of the CONTRACT, Contractor
shall keep in effect at its own expense the following insurance, with limits on
an occurrence basis no less than those shown below:
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 16 of 32
1. Comprehensive General Liability and Property Damage Insurance.
Minimum Limits:
Bodily Injury $5,000,000
Property Damage $5,000,000
2. Automobile Liability (owned, non -owned and hired).
Minimum Limits:
Bodily Injury $5,000,000
Property Damage $5,000,000
3. Employer's Liability Insurance covering each employee in the execution
of the work to the extent that such employee is not covered by worker's
compensation.
Minimum Limits:
Per Accident $5,000,000
4. Secure and maintain at least the statutory amounts of worker's
compensation, disability benefits, and unemployment insurance in
accordance with the laws of the State of Idaho.
B. Additional Insured: Contractor's certificates of insurance shall name the
City, its officials, employees, and agents as additional insured and shall be
endorsed to specify that such policies cover the liability assumed by
Contractor under this CONTRACT.
C. Notification: Such insurance shall provide at least thirty (30) calendar days'
notice in writing to the City before such policy is suspended, canceled,
amended, or terminated.
D. Proof of Insurance: Contractor shall provide the City evidence of acceptable
insurance at limits listed above to: City Clerk/Treasurer, City of Eagle, P.O.
Box 477, Eagle, ID 83616. Insurance shall be placed with carriers admitted
to write insurance in Idaho.
E. Failure to Comply: Contractor and City agree that the City may cancel this
CONTRACT at any time on written notice and without any further obligation
to Contractor should Contractor fail to maintain and keep in full force and
effect such insurance herein required.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 17 of 32
2.13 INDEMNIFICATION
Contractor and its employees are independent contractors and are not, under
this CONTRACT, the employees or agents of the City. Contractor agrees to
hold harmless and indemnify the City from any and all liability, loss, damage that
may accrue by reason of any act or omission on the part of the Contractor, its
agents, employees, assigns, or anyone subcontracting with the Contractor for
the collection and hauling of solid waste within the City or the provision of any
service under this CONTRACT. Contractor further agrees to defend against any
claims, demands, actions, or suits brought against the City arising out of or in
connection with any act or omission on the part of the Contractor, its agents,
employees, assigns, or anyone subcontracting with the Contractor for the
collection and hauling of solid waste within the City or the provision of any
service under this CONTRACT.
2.14 PERFORMANCE AND PAYMENT BONDS
A. Performance Bond: Contractor shall provide and maintain at all times a
valid Contractor's Performance Bond in the amount of three hundred and
fifty thousand dollars ($350,000.00). The bond shall be issued for a period
of not less than one year and must be renewed annually for the term of this
CONTRACT, and the Contractor shall provide a new bond, or evidence
satisfactory to the City of renewability at least sixty (60) calendar days
before the bond in effect expires. The bond shall be for the use and benefit
of the City.
Said Performance Bond shall cover Contractor's failure to faithfully perform
all of the provisions of this CONTRACT. Said bond shall contain
appropriate recitations that it is issued pursuant to this CONTRACT and,
that it shall be construed to meet all requirements of this CONTRACT. This
bonds shall obligate the surety to undertake or cause to be undertaken the
work required to be performed pursuant to this CONTRACT for the term of
the bond.
B. Payment Bond: Contractor shall provide and maintain at all times a valid
Contractor's Payment Bond in the amount of three hundred and fifty
thousand dollars ($350,000.00). The bond shall be issued for a period of
not less than one year and must be renewed annually for the term of this
CONTRACT, and the Contractor shall provide a new bond, or evidence
satisfactory to the City of renewability at least sixty (60) calenda0r days
before the bond in effect expires. The bond shall be for the use and benefit
of the City.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 18 of 32
Said Payment Bond shall guarantee payment of all laborers, mechanics,
and subcontractors with provisions and supplies for the performance of this
CONTRACT and shall also benefit any person(s) performing such work or
services. Said bond shall contain appropriate recitations that it is issued
pursuant to this CONTRACT and, that it shall be construed to meet all
requirements of this CONTRACT. This bond shall obligate the surety to
undertake or cause to be undertaken the work required to be performed
pursuant to this CONTRACT for the term of the bond.
C. Proof of Bonds: Contractor shall submit bonds to: City Clerk, City of Eagle,
P.O. Box 477, Eagle, ID 83616. Bonds shall be obtained from a surety
company authorized to do business in the State of Idaho and acceptable to
the City.
D. Renewal: In the event the City elects to renew the CONTRACT pursuant
to Section 1.4B, Contractor shall provide new performance and payment
bonds satisfying the requirements of Section 2.11 to the City at least 90
days before the expiration of the current or extended term.
E. Failure to Comply: Contractor and City agree that the City may cancel this
CONTRACT at any time on written notice and without any further obligation
to Contractor should Contractor fail to maintain and keep in full force and
effect such bonds herein required.
F. Assignment: The City reserves the right to increase the amount of the
performance bond upon any assignment or transfer of rights or
responsibilities under this CONTRACT to a new Contractor.
2.15 OWNERSHIP OF SOLID WASTE
Title to solid waste as defined in this CONTRACT shall pass to the Contractor
when placed in Contractor's collection vehicle, removed by Contractor from a
container or removed by Contractor from customer's premises, whichever occurs
last. Title to trash as defined by this CONTRACT shall pass to County at the
time of disposal at the Ada County Landfill. Title to recyclable materials as
defined by this CONTRACT shall pass to recycling processor upon payment to
Contractor for materials delivered. In accordance with Subtitle C of the
Resource Conservation and Recovery Act of 1976, as amended, title to all
hazardous waste and otherwise prohibited waste remains with the generator.
Nothing provided herein limits any recourse Contractor or City may have against
any generator for disposal of any hazardous or prohibited waste.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 19 of 32
2.16 COMPLIANCE WITH REGULATIONS
A. Contractor shall comply with all applicable federal laws, rules and
regulations, the statutes of the State of Idaho, the regulations and
ordinances of the County and the City, including but not limited to: Ada
County Code Title 5, Chapter 2; Eagle City Code Title 4, Chapter 2; the
regulations and standards of the Solid Waste Division of the Department of
Health and Welfare of the State of Idaho and of Central District Health; and
all rules and regulations, including federal regulations relating to hazardous
waste, covering the collection and transportation of solid waste as those
statutes, ordinances, and regulations now exist or may hereafter be
amended.
B. Contractor shall comply with the Federal Occupational Safety and Health
Act of 1970 (OSHA) and all other applicable federal, state, county, and city
health and safety laws, ordinances and rules and regulations.
C. Contractor guarantees City that it will provide all services, programs, or
activities under this CONTRACT in accordance with all applicable federal,
state, and local statutes, regulations, and requirements. Further, Contractor
agrees to indemnify and defend the City for any loss, expense, or damage
of any type experienced by the City as a result of the Contractor's violation
of the guarantees given in this section.
2.17 RESIDENTIAL COLLECTION ROUTE PLANS
A. Contractor shall maintain residential route collection plans and schedules
in its office.
B. Contractor shall have the right to amend residential plans and schedules at
any time without notice as long as customer service is not otherwise
affected. If such amendments include changes in collection days for
residential customers, Contractor shall notify the City in writing of affected
areas a minimum of 30 days prior to implementation and shall provide
written notice to affected households a minimum of two weeks prior to
implementation.
3. DUTIES OF THE CUSTOMER
The customer is responsible for properly preparing and setting out solid waste as
specified in Section 3 herein; for properly disposing of hazardous or otherwise
prohibited waste; and for paying Contractor according to prescribed payment schedule
for services rendered.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 20 of 32
3.1 PREPARATION OF WASTE
Residential, multi -family, and business customers shall prepare waste for
collection as specified herein. Contractor may from time to time propose
changes in setout procedures, subject to review and approval by City.
A. RESIDENTIAL SERVICE
1. Set -Out Time: Residential customers shall set out all solid waste no
later than 7 a.m. for collection by Contractor on the designated
collection day. At the customer's request, Contractor shall service
containers set out after 7 a.m. on the designated or following work day,
subject to the Tate -can procedures outlined herein and the additional
charge specified in Exhibit B.
2. Trash Container Size/Weiaht: Residential customers shall set out trash
in customer -owned cans, with lids, not to exceed 35 gallons in capacity;
customer -supplied paper or plastic bags strong enough to prevent
spillage of contents under normal handling; or Contractor -supplied
wheeled carts not to exceed 105 gallons in capacity. All trash must be
containerized. Total weight per customer -supplied container and
contents shall not exceed sixty (60) pounds. Contractor may refuse to
service customer -supplied containers exceeding specified size and
weight limitations. Contractor shall leave behind a customer feedback
card explaining why containers were not serviced.
3. Recvclina Bins: Contractor shall supply each household one recycling
bin at no additional charge. Residential customers shall set out
recyclable materials in Contractor -supplied bins. If volume of recyclable
materials exceeds capacity of one Contractor -supplied bin, customer
may purchase additional bin from Contractor or a similar bin from an
area retailer.
4. Recvclina Set -Out Procedures: Customers shall rinse clean all cans
and bottles, discard caps and lids, and sort recyclable materials set out
for collection in Contractor -supplied bins in paper (preferred) or plastic
bags. Customers shall flatten and set under or next to recycling bin all
cardboard boxes for recycling. Contractor may refuse to service
recycling bins containing improper or unsorted materials. Contractor
shall leave behind a customer feedback card explaining why bin was
not serviced.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 21 of 32
5. Used Motor Oil: Used motor oil shall be set out for recycling in clear
plastic containers, with an opening or spout from which oil may be
poured into holding tanks on Contractor's collection vehicles, and
clearly designated "USED MOTOR OIL."
6. Appliances: Appliances shall be free of all food and contaminants.
Disabling of doors is recommended. Collection shall be made at the
curb or in the alley.
7. Yard Waste: Tree trimmings, hedge clippings, and other wood waste
shall be cut to a manageable length (a maximum of 4') and set out in
compact piles or securely tied in bundles not more than eighteen inches
(18") in diameter and not exceeding sixty (60) pounds in weight. Grass
clippings, leaves, and garden debris shall be set out in cans, plastic
bags or other similar covered and/or tied containers. Sod, dirt and
rocks are prohibited.
8. Christmas Trees: Christmas trees set out for recycling shall be free of
lights, ornaments, tinsel and stand, and cut to a length that will not, in
the opinion of Contractor's collection personnel, damage collection
vehicles or equipment (a maximum of 4'). Flocked trees and wreaths
are prohibited.
9. Carry -Out Service: Residential customers with carry -out service shall
set out containers in a location clearly visible from the street or alley
and reasonably accessible to collection personnel. Gates shall be
unlocked and animals shall be restrained.
10. Prohibited Materials:, Customers shall not knowingly set out for
collection by Contractor any materials prohibited from disposal at the
Ada County Landfill, including but not limited to hazardous materials,
liquids, medical waste, and vehicle tires.
B. MULTI -FAMILY SERVICE
1. Trash Containers: Trash shall be collected in customer -owned or
Contractor -supplied small containers (2-8 yards) located in centralized
collection areas.
2. Trash Collection Schedule: Trash shall be collected on a consistent
weekly schedule, at a frequency of not less than once per week.
Additional collections, up to a maximum of six times per week, may be
scheduled.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 22 of 32
3. Trash Service: Size of trash containers and frequency of collection
shall be at the option of the multi -family complex owner/manager. Trash
containers shall be of appropriate and adequate size, and service shall
be scheduled as frequently as necessary, to accommodate the volume
of trash generated by residents of multi -family complexes. Contractor
shall assist multi -family complex owner/manager in determining
appropriate and adequate service.
4. Enclosures: At premises where Targe accumulations of trash occur,
trash containers may be placed in enclosures. All enclosures shall be
constructed or modified at customer's expense to accommodate
Contractor's collection vehicles and equipment. Customers shall be
responsible for maintenance of enclosures. Customers may authorize
Contractor to collect litter not generated in the collection process in and
around enclosures at an additional charge specified in Exhibit B.
5. Prohibited Materials: Customers shall not knowingly set out for
collection by Contractor any materials prohibited from disposal at the
Ada County Landfill, including but not limited to hazardous materials,
liquids, medical waste, and vehicle tires.
6. Bin Recvclina Service: At complexes where bin recycling service is
provided, multi -family residents shall rinse clean all cans and bottles,
discard caps and lids, and sort recyclable materials set out for collection
in Contractor -supplied bins in paper (preferred) or plastic bags.
Customers shall flatten and set under or next to recycling bin all
cardboard boxes for recycling. Bins shall be set out for weekly
collection at a location specified by the Contractor and agreed to by the
multi -family complex management. Contractor may refuse to service
recycling bins containing improper or unsorted materials. Contractor
shall leave behind a customer feedback card explaining why bin was
not serviced.
7. Cardboard Recvclina: At complexes where cardboard recycling service
is provided, multi -family residents shall fully empty and flatten boxes
before placing in Contractor -supplied containers.
8. Christmas trees: At complexes where Christmas tree recycling service
is provided, multi -family residents shall remove lights, ornaments, tinsel
and stand. Flocked trees and wreaths are prohibited.
EAGLE CITY/BEI WASTE COLLECTION SERVICES CONTRACT
Page 23 of 32
C. BUSINESS SERVICE
1. Trash Containers: Trash shall be collected in containers specified in
Section 2.1B, according to one of four types of business service
offered. All customer -owned containers shall be designed or modified
to fit Contractors' collection vehicles and equipment at the customer's
expense.
2. Trash Collection Schedule: Trash shall be collected according to the
type of service and schedules specified in Section 2.1B.
3. Trash Service Options: Size of containers shall be at the option of the
business owner/manager, except that small containers used for
construction/demolition projects shall be limited to a capacity of three
(3) yards. Containers shall be of appropriate and adequate size, and
service shall be scheduled as frequently as necessary, to
accommodate the volume of trash generated by businesses.
Contractor shall assist business owner/manager in determining
appropriate and adequate service.
4. Enclosures: At premises where Targe accumulations of trash occur,
trash containers may be placed in enclosures. All enclosures shall be
constructed or modified at customer's expense to accommodate
Contractor's collection vehicles and equipment. Customers shall be
responsible for maintenance of enclosures. Customers may authorize
Contractor to collect litter not generated in the collection process in and
around enclosures at an additional charge specified in Exhibit B.
5. Prohibited Materials: Customers shall not knowingly set out for
collection by Contractor any materials prohibited from disposal at the
Ada County Landfill, including but not limited to hazardous materials,
liquids, medical waste, and vehicle tires.
6. Cardboard Recycling: At businesses where cardboard recycling service
is provided, customers shall fully empty and flatten boxes before
placing in Contractor -supplied containers.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 24 of 32
3.2 PAYMENT FOR SERVICES RENDERED
A. RESIDENTIAL SERVICE RATES
All residences in the service area that voluntarily subscribe to residential
service shall receive unlimited weekly trash and recycling collection. The
following rates, as specified in Exhibit B, are authorized:
1. Trash and Recycling Collection: A flat fee per month per residence.
2. Wheeled Cart Rental/Service: Upon customer request, an additional flat
fee per month per cart for solid waste collection in Contractor -supplied
wheeled trash carts.
3. Carry -Out Service: Upon customer request, an additional flat fee per
household per month to provide carry -out household service in
customer -supplied containers or Contractor -owned wheeled trash carts.
4. Senior Citizen Discount:, Upon customer request, a flat discount per
month per primary residence for residents 65 years of age or older.
5. Late Collection: A flat fee applied as follows: At any household where
customer fails to set out solid waste for collection by 7 a.m.,
Contractor's collection personnel shall report to Dispatch, and Dispatch
shall enter into Contractor's Customer Service Database such address.
At customer's request, Contractor shall service containers set out after
7 a.m. at no additional charge to the customer one time per calendar
year. For each additional late collection requested and authorized by
customer in excess of one per calendar year, a late -collection fee may
be charged.
6. Appliance Recycling: An additional fee per appliance to collect freon
and non-freon appliances separately for recycling.
7. Wheeled Trash Cart Replacement:, A flat fee to replace damaged or
stolen carts. Contractor shall replace one cart per customer per
calendar year at no charge. Additional carts replacements are subject
to a replacement charge.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 25 of 32
8. Reinstatement of Service: An additional fee to restart service to any
residential account that has been suspended due to non-payment.
Contractor shall suspend collection at residential accounts delinquent
by 60 or more days. A minimum of two weeks prior to suspending
collection, Contractor shall notify customer in writing of intention to
suspend service due to non-payment and that a reinstatement fee shall
be charged to reactive service. In the event that customer fails to make
payment, Contractor may petition City to disrupt water service. Billing
for solid waste service shall continue during period of suspended
collection.
9. Returned Check Charae: A flat fee for checks returned to Contractor
for insufficient funds, closed accounts, or any other reason specified by
financial institution.
B. MULTI -FAMILY SERVICE RATES
All owners or managers of multi -family complexes that voluntarily subscribe
to solid waste collection for their residents shall receive trash collection on
a regularly scheduled basis. Recycling service may be authorized at an
additional fee. The following rates, as specified in Exhibit B, are authorized:
1. Volume -Based Fee: Fees for collection of trash at multi -family
complexes based on the size of container and frequency of service
selected per week by the owner or manager.
2. Container Rental Fee: A fee, including sales tax, for monthly rental of
Contractor -owned containers.
3. Container Delivery Fee: A fee for delivery of container to a location
specified by the multi -family complex owner or manager.
4. Container Relocation Fee: A fee for relocation of container to a location
specified by the multi -family complex owner or manager.
5. Bin Recycling: A flat fee per month per unit authorized by the manager
or owner for separate weekly collection of recyclables in individual bins.
6. Cardboard Recycling: Fees for separate collection of cardboard for
recycling at multi -family complexes based on the frequency of service
selected per week by the owner or manager.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 26 of 32
7. Appliance Recycling: An additional fee per appliance authorized by the
manager or owner to collect freon and non-freon appliances separately
for recycling.
8. Christmas Trees: An additional fee authorized by the manager or
owner based on frequency of service to collect Christmas trees
separately for recycling.
9. Lid -Lock Installation: An additional fee authorized by the manager or
owner, equivalent to three (3) 5 -minute increments of additional service
time as specified in Exhibit B, to install lid locks on containers at
customer's request.
10. Clean -Up Service: An additional fee authorized by the owner or
manager and levied in 5 -minute increments specified in Exhibit B for
additional service time to clean up in or around container enclosures.
Contractor shall not be required to collect trash exceeding container
capacity unless authorized by customer.
11. Reinstatement of Service: An additional fee to restart service to any
multi -family account that has been suspended due to non-payment.
Contractor shall suspend collection at multi -family accounts delinquent
by 60 or more days. A minimum of two weeks prior to suspending
collection, Contractor shall notify customer in writing of intention to
suspend service due to non-payment and that a reinstatement fee shall
be charged to reactive service. Billing shall continue during period of
suspended collection.
12. Returned Check Charge: A flat fee for checks returned to Contractor
for insufficient funds, closed accounts, or any other reason specified by
financial institution.
C. BUSINESS SERVICE RATES
Owners or managers of businesses may subscribe to Contractor -supplied
solid waste collection or haul their own waste to an approved disposal
facility. The following rates, as specified in Exhibit B, are authorized for
businesses that subscribe to Contractor -supplied solid waste collection:
1. Volume -Based Fee: Fees for collection of trash at businesses based
on the size of container and frequency of service selected by the owner
or manager and/or by the type of waste generated.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 27 of 32
2. Container Rental Fee: A fee, including sales tax, for daily or monthly
rental of Contractor -owned containers.
3. Container Delivery Fee: A fee for delivery of container to a location
specified by the business owner or manager.
4. Container Relocation Fee: A fee for relocation of container to a location
specified by the business owner or manager.
5. Cardboard Recycling: Fees for separate collection of cardboard for
recycling at businesses based on the frequency of service selected per
week by the owner or manager.
6. Appliance Recycling: An additional fee per appliance authorized by the
manager or owner to collect freon and non-freon appliances separately
for recycling.
7. Lid -Lock Installation: An additional fee authorized by the manager or
owner, equivalent to three (3) 5 -minute increments of additional service
time as specified in Exhibit B, to install lid locks on containers at
customer's request.
8. Clean -Up Service: An additional fee authorized by the owner or
manager and levied in 5 -minute increments specified in Exhibit B for
additional service time to clean up in or around container enclosures.
Contractor shall not be required to collect trash exceeding container
capacity unless authorized by customer.
9. Reinstatement of Service: An additional fee to restart service to any
business account that has been suspended due to non-payment.
Contractor shall suspend collection at business accounts delinquent by
60 or more days. A minimum of two weeks prior to suspending
collection, Contractor shall notify customer in writing of intention to
suspend service due to non-payment and that a reinstatement fee shall
be charged to reactive service.
10. Returned Check Charae: A flat fee for checks returned to Contractor
for insufficient funds, closed accounts, or any other reason specified by
financial institution.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 28 of 32
4. DUTIES OF THE CITY
The City is responsible for overseeing this CONTRACT; for enforcing the solid waste
ordinances and regulations in Eagle City Code Title 4, Chapter 2; for monitoring
Contractor performance and compliance; for establishing customer rates; for assisting
Contractor in enforcement; and other duties mutually agreed upon.
4.1 REVIEW OF CONTRACTOR PERFORMANCE AND COMPLIANCE
The City shall be responsible for review of Contractor performance and
compliance, provided that such review shall in no way relieve Contractor of any
supervision, performance, or obligation required by this CONTRACT.
4.2 CUSTOMER RATES
A. ESTABLISHMENT
The City shall establish customer rates, which shall be comprised of
Contractor hauling charges, administrative and billing costs, disposal fees,
container rental and sales tax on container rental (if applicable), and a
franchise fee specified in Section 2.8 herein.
B. ADJUSTMENTS
1. Adiustment Schedule. First Two Years of CONTRACT: The customer
rates specified in Exhibit B shall not be subject to adjustment during the
first two (2) years of this CONTRACT, except for uncontrollable costs
such as revised laws, ordinances or regulations, tax or franchise fee
increases, or disposal cost increases. In the case of increases in
uncontrollable costs, BFI shall provide written documentation to the City
and the City shall adjust customer rates accordingly in the next regularly
scheduled billing cycle.
2. Adiustment Schedule. Subseauent Years of CONTRACT: At the end of
the initial two-year fixed rate period and each year thereafter during the
term of this CONTRACT, customer rates shall be adjusted to reflect the
change in the Consumer Price Index (CPI) for the previous twelve-
month period ending in September. The Consumer Price Index to be
used shall be the West Urban Wage Earners and Clerical Workers,
Class C, as published by the U.S. Department of Labor, Bureau of
Labor Statistics. In no event during the term of this CONTRACT shall
customer rates be less than the base established in Exhibit B.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 29 of 32
4.3 ENFORCEMENT
City shall assist Contractor in enforcing all provisions of this CONTRACT,
including but not limited to Contractor's exclusive privilege and authority and
mandatory residential solid waste service.
5. MISCELLANEOUS PROVISIONS
5.1 SUPERVISION
Contractor shall provide full-time key personnel to oversee provision of services
prescribed herein.
5.2 ENTIRE AGREEMENT
This CONTRACT and all exhibits hereto embody the entire agreement of the
parties. There are no promises, terms, conditions, or obligations other than
those contained herein, and this CONTRACT supersedes all previous and
contemporaneous communications, representations, or agreements, either
verbal or written, between the parties.
5.3 SAVINGS CLAUSE
If any of the provisions of this CONTRACT or the related ordinance shall be held
to be unenforceable, the remaining provisions shall nevertheless be enforceable
and carried into effect.
5.4 BINDING ON SUCCESSORS
This CONTRACT shall be binding upon the parties hereto and their respective
administrators, employees, successors, and approved assigns.
5.5 IDAHO LAW
This CONTRACT shall be construed and interpreted in accordance with the laws
of the State of Idaho and the ordinances of the City of Eagle. No term or
omission of language in this CONTRACT shall be construed to amend or waive
any provision of the regulations or ordinances of the City of Eagle. The venue
for any claim, litigation, or cause of action between the parties shall be in the
Fourth District Court of the State of Idaho for Ada County.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 30 of 32
5.6 FORCE MAJEURE
Neither party hereto shall be liable for its failure to perform hereunder, in whole
or in part, due to contingencies beyond its reasonable control, including but not
limited to Acts of God or the public enemy, fire, floods, epidemics, earthquakes,
quarantine restrictions, and strikes not created by Contractor, whether now
exiting or hereafter created.
5.7 NOTIFICATION
Notices required or contemplated under this CONTRACT shall be in writing and
shall be deemed received when mailed by certified mail, postage prepaid, retum
receipt requested, to the respective parties at the following addresses:
CITY: City Clerk/Treasurer
(Triplicate) City of Eagle
P.O. Box 477
Eagle, ID 83616.
CONTRACTOR:
Patrick J. Gavin
Vice President
BFI Waste Systems, Inc.
11101 West Executive Drive
Boise, ID 83713
Any change of address for either party shall be immediately made known to the
other party in writing as above provided.
5.8 ALTERATION OF TERMS
No amendment, alteration, or modification of this CONTRACT shall be effective
unless made in writing and duly executed by the parties.
5.9 EXECUTION IN COUNTERPARTS
This CONTRACT shall be executed simultaneously in triplicate, each copy of
which shall be deemed an original, and it shall not be necessary in making proof
of this CONTRACT to produce or account for more than one such document.
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 31 of 32
5.10 TRANSFER OF INTEREST
It is agreed by the parties hereto that this CONTRACT may be assigned or
transferred, in whole or in part, as may any right, title, or related interest in this
CONTRACT, by the Contractor to any person shown to be qualified to carry out
the CONTRACT or portion thereof to be assigned, subject to the prior written
consent of the City, which consent shall not be unreasonably withheld subject
to adequate assurances.
5.11 PUBLIC RECORDS
All reports, information, and data generated or submitted pursuant to this
CONTRACT are public records subject to the Open Records Law, Idaho Code
Chapter 3, Title 9.
DATED this day of 00 r.0 �-�—
rEST:
arbn K. Smith,
City f Eagle
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ity aI/Trea u wg „
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STATE OF IDAHO )
ss.
County of Ada )
On this � day of / - , 1998, before me, a notary
public, personally appeared, Patrick J. Gavin, known or identified to me to be the District
Vice President of the corporation that executed the instrument or the person who executed
the instrument on behalf of said corporation, and acknowledged to me that such
corporation executed the same.
, 199.
�•',eti��. »Tw4P4.
•
•
1.
diCAR
Patrick J. Gavin, , ice President 1
BFI Waste Systems, Inc.
*,�PUBL
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'• TE OF ,9.•�•
'•;l, PE
Notary Public for
Commission Expires
EAGLE CITY/BFI WASTE COLLECTION SERVICES CONTRACT
Page 32 of 32
Exhibit B:
Customer Rate Schedule
Standard Sincile Family Residential Pickups (weekly collection):
Unlimited Service with Recycling (90-95 gallon wheeled receptacle or 35 -gallon
resident -provided cans)
$ 9.03/month Nine dollars & three cents Der month
90-95 Gallon Wheeled Receptacle Rental
$ 2.90/month Two dollars & ninety cents per month
Used Motor Oil Recycling Collection
$ 0.00/DickuD No dollars & no cents Der pickup
Christmas Tree Recycling
$ 0.00/pickup No dollars & no cents Der pickup
Appliance Recycling
$21.50/n -f unit
$42.50/f unit
Twentv-one dollars & fiftv cents Der non-freon unit
Fortv-two dollars & fifty cents Der freon unit
Senior Citizen Discount Rate
Senior Citizen Service, unlimited trash & recycling (90-95 gallon wheeled
receptacle or 35 -gallon can resident -provided cans), weekly collection:
$ 8.03/month Eiaht dollars & three cents Der month
(Wheeled trash receptacle rental charge of $2.90 per month would apply.)
Carry -Out Service
Carry -Out (non -curb) Service, unlimited trash & recycling (90 -95 -gallon wheeled
receptacle or 35 -gallon resident -provided cans), weekly collection:
$22.50/month Twentv-two dollars & fifty cents Der month
(Wheeled trash receptacle rental charge of $2.90 per month would apply.)
Late Can Collection
$ 5.25/pickup Five dollars & twenty-five cents Der pickup
Page 2 of 8
Exhibit 8: Customer Rate Schedule
Detachable Container (Contractor -provided) Pickups (weekly collection):
2 yd container
Delivery
1 x wk
2 x wk
3 x wk
4 x wk
5 x wk
6 x wk
$ 15.50/del.
$ 44.95/mo.
$ 70.70/mo.
$ 96.70/mo.
$122.45/mo.
$148.45/mo.
$174.75/mo.
Fifteen dollars & fiftv cents per delivery
Forty-four dollars & ninety-five cents per month
Seventy dollars & seventy cents per month
Ninetv-six dollars & seventy cents per month
One hundred. twenty-two dollars & forty-five cents per month
One hundred. fortv-eiaht dollars & forty-five cents per month
One hundred. seventy-four dollars & seventy-five cents per
month
1 x mo $ 28.20/mo. Twentv-eiaht dollars & twenty cents per month
2 x mo $ 40.70/mo. Forty dollars & seventy cents per month
Each additional pickup per week per 2 yd container
$ 18.50/ou Eiahteen dollars & fifty cents per pickup
3 yd container
Delivery $ 15.50/del.
1 x wk $ 53.48/mo.
2xwk $ 84.73/mo.
3 x wk $115.98/mo.
4 x wk $147.23/mo.
Fifteen dollars & fifty cents per delivery
Fiftv-three dollars & fortv-eiaht cents per month
Eighty-four dollars & seventy-three cents per month
One hundred. fifteen dollars & ninety-eiaht cents per month
One hundred. fortv-seven dollars & twenty-three cents per
month
5 x wk $178.48/mo. One hundred. seventy-eight dollars & forty-eight cents per
month
6 x wk $209.98/mo. Two hundred. nine dollars & ninetv-eiaht cents per month
1 x mo $ 31.73/mo. Thirty-one dollars & seventy-three cents per month
2 x mo $ 47.23/mo. Forty-seven dollars & twenty-three cents per month
Each additional pickup per week per 3 yd container
$ 21.75/Du Twenty-one dollars & seventy-five cents per pickup
4 yd container
Delivery $ 15.50/del.
1 x wk $ 63.25/mo.
2 x wk
3 x wk
4 x wk
5 x wk
6 x wk
1 x mo
2 x mo
$105.00/mo.
$136.75/mo.
$172.50/mo.
$210.25/mo.
$247.00/mo.
$ 42.00/mo.
$ 61.75/mo.
Fifteen dollars & fifty cents per delivery,
Sixtv-three dollars & twenty-five cents Der month
One hundred. five dollars & no cents per month
One hundred. thirty-six dollars & seventy-five cents per month
One hundred. seventy-two dollars & fifty cents Per month
Two hundred. ten dollars & twenty-five cents per month
Two hundred. forty-seven dollars & no cents per month
Forty-two dollars Der month
Sixtv-one dollars & seventy-five cents per month
Each additional pickup per week per 4 yd container
$ 25.75/Du Twentv-five dollars & seventy-five cents per pickup
Page 3 of 8
Exhibit B: Customer Rate Schedule
6 yd container
Delivery $ 15.50/del.
1 x wk $ 81.68/mo.
2 x wk $128.18/mo.
3 x wk $174.43/mo.
4 x wk
5 x wk
$220.93/mo.
$267.43/mo.
6 x wk $313.93/mo.
1 x mo $ 52.93/mo.
2 x mo $ 79.93/mo.
Each additional pickup per week per 6 yd container
$ 33.25/Du Thirtv-three dollars & twenty-five cents per pickup
Fifteen dollars & fifty cents per delivery
Eiahtv-one dollars & sixtv-eiaht cents per month
One hundred. twentv-eiaht dollars & eiahteen cents per month
One hundred. seventv-four dollars & fortv-three cents per
month
Two hundred. twenty dollars & ninety-three cents per month
Two hundred. sixty-seven dollars & forty-three cents per
month
Three hundred. thirteen dollars & ninety-three cents Der
month
Fiftv-two dollars & ninety-three cents per month
Seventv-nine dollars & ninety-three cents per month
8 yd container
Delivery
1 x wk
2 x wk
3 x wk
4 x wk
5 x wk
6 x wk
1 x mo
$ 15.50/del.
$107.70/mo.
$166.20/mo.
$224.70/mo.
$283.45/mo.
$341.70/mo.
$400.20/mo.
$ 67.45/mo.
2 x mo $102.70/mo.
Fifteen dollars & fifty cents per delivery
One hundred. seven dollars & seventy cents per month
One hundred. sixtv-six dollars & twenty cents Per month
Two hundred. twenty-four dollars & seventy cents per month
Two hundred. eiahtv-three dollars & forty-five cents per month
Three hundred. forty-one dollars & seventy cents per month
Four hundred dollars & twenty cents Der month
Sixty-seven dollars & forty-five cents per month
One hundred. two dollars & seventy cents Per month
Each additional pickup per week per 8 yd container
$ 41.75/Du Forty-one dollars & seventy-five cents per pickup
Droobox (Contractor -provided) Pickups:
20 yd Dropbox
Deposit, optional Delivery charge & minimum of one haul
Delivery $ 25.75/del. Twentv-five dollars & seventy-five cents per delivery
Relocation $ 25.75/relo. Twentv-five dollars & seventy -five cents per relocation
Container rental & sales tax, daily
$ 2.30/day Two dollars & thirty cents per day
Container rental & sales tax, monthly
$ 68.99/mo. Sixtv-eiaht dollars & ninety-nine cents Der month
One hundred. thirty-seven dollars & fifty cents per pickup
Two hundred. four dollars & no cents per pickup
One hundred. ten dollars & fifty cents per pickup
One hundred. sixty-seven dollars & seventy-five cents per
pickup
Six hundred. fortv-three dollars & fifty cents per pickup
Eiahtv-seven dollars & seventy-five cents Der pickup
Regular:
C&D:
Wood:
Comp.:
Asbestos:
Recycled:
$137.50/pu
$204.00/pu
$110.50/Du
$167.75/pu
$643.50/pu
$ 87.75/Du
Page 4 of 8
Exhibit 8: Customer Rate Schedule
25 yd Dropbox
Deposit, optional Delivery charae & minimum of one haul
Delivery $ 25.75/del. Twenty-five dollars & seventy-five cents per delivery
Relocation $ 25.75/relo. Twenty-five dollars & seventy-five cents Der relocation
Container rental & sales tax, daily
$ 2.53/day Two dollars & fifty-three cents per day
Container rental & sales tax, monthly
$ 75.92/mo. Seventy-five dollars & ninety-two cents per month
Regular: $150.00/pu One hundred. fifty dollars & no cents per pickup
C & D: $231.50/ou Two hundred. thirty-one dollars & fiftv cents per pickup
Wood: $116.75/ou One hundred. sixteen dollars & seventy-five cents Der
pickup
Comp.: $187.75/Du One hundred. eighty-seven dollars & seventy-five cents Der
pickup
Asbestos: $768.50/ou Seven hundred. sixtv-eiaht dollars & fiftv cents per pickup
Recycled: $ 87.75/ou Eiahtv-seven dollars & seventy-five cents per Dickup
30 yd Dropbox
Deposit, optional Delivery charae & minimum of one haul.
Delivery $ 25.75/del. Twentv-five dollars & seventy-five cents per delivery
Relocation $ 25.75/relo. Twentv-five dollars & seventy-five cents per relocation
Container rental & sales tax, daily
$ 2.71/day Two dollars & seventy-one cents per day
Container rental & sales tax, monthly
$ 81.27/mo. Eiahtv-one dollars & twenty-seven cents per month
Regular: $162.50/ou One hundred. sixtv-two dollars & fifty cents per pickup
C & D: $259.00/ou Two hundred. fiftv-nine dollars & no cents oer oickuo
Wood: $123.00/ou One hundred. twenty-three dollars & no cents Der pickup
Comp.: $207.75/ou Two hundred. seven dollars & seventy-five cents oer pickup
Asbestos: $893.50/ou Eiaht hundred. ninety -three dollars & fiftv cents Der pickup
Recycled: $ 87.75/Du Eiahtv-seven dollars & seventy-five cents oer oickuo
35 yd Dropbox
Deposit, optional Delivery charge & minimum of one haul
Delivery $ 25.75/del. Twentv-five dollars & seventy-five cents oer delivery
Relocation $ 25.75/relo. Twenty-five dollars & seventy -five cents per relocation
Container rental & sales tax, daily
$ 2.88/day Two dollars & eiahtv-eiaht cents per day
Container rental & sales tax, monthly
$ 86.31/mo. Eiahtv-six dollars & thirty-one cents per month
Regular: $175.00/ou One hundred. seventy-five dollars & no cents per pickup
C & D: $286.50/ou Two hundred. eiahtv-six dollars & fifty cents per pickup
Wood: $129.25/Du One hundred. twenty-nine dollars & twenty-five cents Per
pickup
Page 5 of 8
Exhibit B: Customer Rate Schedule
Comp.: $227.75/pu
Asbestos: $1.018.15/pu
Recycled: $ 87.75/Du
Two hundred. twenty-seven dollars & seventy-five cents per
pickup
One thousand. eighteen dollars & fifteen cents per pickup
Eiahtv-seven dollars & seventy-five cents Der pickup
40 yd Dropbox
Deposit, optional Delivery charae & minimum of one haul
Delivery $ 25.75/del. Twentv-five dollars & seventy-five cents Der delivery
Relocation $ 25.75/relo. Twentv-five dollars & seventy-five cents per relocation
Container rental & sales tax, daily
$ 2.90/day Two dollars & ninety cents Der day
Container rental & sales tax, monthly
$ 91.35/mo. Ninetv-one & thirty-five cents Der month
Regular: $187.50/pu One hundred. eiahtv-seven dollars & fifty cents Der Dickup
C & D: $314.00/pu Three hundred. fourteen dollars & no cents Der pickup.
Wood: $135.50/pu One hundred. thirty-five dollars & fifty cents Der pickup
Comp.: $247.75/pu Two hundred. forty-seven dollars & seventy-five cents Der
pickup
Asbestos: $1.143.50/pu One thousand. one hundred & forty-three dollars & fifty_
cents Der pickup
Recycled: $ 87.75/Du Eiahtv-seven dollars & seventy-five cents Der pickup
Compactor Pickups (Customer -Furnished):
4 yd compactor $ 45.50/Du Fortv-five dollars & fifty cents Der pickup
6 yd compactor $ 58.75/Du Sixtv-eiaht dollars & seventy-five cents Der pickup
8 yd compactor $ 79.75/Du Seventy-nine dollars & seventy-five cents Der pickup
10 yd compactor $127.75/Du One hundred. twenty -seven dollars & seventy-five cents
Der pickup
13 yd compactor $139.75/pu One hundred. thirty-nine dollars & seventy-five cents Der
pickup
15 yd compactor $147.75/pu One hundred. forty -seven dollars & seventy-five cents per
pickup
16 yd compactor $151.75/ou One hundred. fifty-one dollars & seventy-five cents Der
pickup
17 yd compactor $155.75/Du One hundred. fifty-five dollars & seventy-five cents per
pickup
20 yd compactor $167.75/pu One hundred. sixty-seven dollars & seventy-five cents per
pickup
25 yd compactor $187.75/Du One hundred. eiahty-seven dollars & seventy-five cents
Der pickup
30 yd compactor $207.75/pu Two hundred. seven dollars & seventy-five cents per
pickup
Page 6 of 8
Exhibit 8: Customer Rate Schedule
35 yd compactor $227.75/Du Two hundred. twenty-seven dollars & seventy-five cents
Der Dickup
40 yd compactor $247.75/Du Two hundred. forty-seven dollars & seventy-five cents Der
pickup
Additional Commercial Services:
Temporary Detachable Container Service
2 yd container
Deposit, optional Delivery & minimum of one haul
Delivery $ 15.50/del. Fifteen dollars & fifty cents per delivery
Container rental & sales tax, daily
$ .32/dav Thirty-two cents oer dav
Container rental & sales tax, monthly
$ 9.45/mo. Nine dollars & forty-five cents Der month
On-call service
$ 18.50/Du Eiahteen dollars & fifty cents per Dickup
3 yd container
Deposit, optional Delivery & minimum of one haul
Delivery $ 15.50/del. Fifteen dollars & fifty cents Der delivery_
Container rental & sales tax, daily
$ .34/dav Thirty-four cents per day
Container rental & sales tax, monthly
$ 9.98/mo. Nine dollars & ninety-eight cents per month
On-call service, regular waste
$ 21.75/Du Twenty-one dollars & seventy-five cents Der Dickup
On-call service, C & D
$ 40.50/Du Forty dollars & fifty cents oer pickup
4 yd container
Deposit, optional
Delivery $ 15.50/del.
Container rental & sales
$ .53/dav
Container rental & sales
$ 15.75/mo.
On-call service
$ 25.75/Du
Delivery_ & minimum of one haul
Fifteen dollars & fifty_ cents per delivery
tax, daily
Fifty-three cents per day
tax, monthly
Fifteen dollars & seventy-five cents per month
Twenty-five dollars & seventy-five cents per pickup
Page 7 of 8
Exhibit B: Customer Rate Schedule
6 yd container
Deposit, optional Delivery & minimum of one haul
Delivery $ 15.50/del. Fifteen dollars & fifty cents per delivery
Container rental & sales tax, daily
$ .65/day Sixty-five cents per day
Container rental & sales tax, monthly
$ 19.43/mo. Nineteen dollars & forty-three cents per month
On-call service
$ 33.25/Du Thirty-three dollars & twenty-five cents Der pickup
8 yd container
Deposit, optional
Delivery $ 15.50/del.
Container rental & sales
$ .84/day
Container rental & sales
$ 25.20/mo.
On-call service
$ 41.75/Du
Lid Lock Installation
Delivery & minimum of one haul
Fifteen dollars & fifty cents per delivery
tax, daily
Eiahtv-four cents per day
tax, monthly
Twenty-five dollars & twenty cents per month
Forty-one dollars & seventy-five cents per pickup
Container lid lock, 2 - 8 yd.
$ 31.50/inst. Thirty-one dollars & fifty cents per installation
Additional Services
Additional services, per hour
$ 132.00/hr.
One hundred. thirty -two dollars & no cents per hour
Additional services, per 5 -minute increment 0 -
$ 11.00/5 -min. Eleven dollars & no cents per 5 -minutes
Home Business Service
$ 9.03/month
Small Business Service
$ 24.75/month
Nine dollars & fifty cents per month
(Wheeled trash receptacle rental charge of $2.90 per month would apply.)
Twentv-four dollars & seventy-five cents per month
(Wheeled trash receptacle rental charge of $2.90 per receptacle per month would
apply.)
Page 8 of 8
Exhibit B: Customer Rate Schedule
Business Appliance Recycling
$ 21.50/n -f unit Twentv-one dollars & fiftv cents per non-freon unit
$ 42.50/f unit Forty-two dollars & fifty cents per freon unit
Business Cardboard Recycling
1 x week service $ 40.00/mo. Forty dollars and no cents per month
Apartment Bin Recycling
$ 2.50/unit Two dollars & fifty cents per unit
Apartment Appliance Recycling
$ 21.50/n -f unit Twentv-one dollars & fiftv cents per non-freon unit
$ 42.50/f unit Forty-two dollars & fiftv cents per freon unit
Apartment Cardboard Recycling
1 x week service $ 40.00/mo. Forty dollars and no cents per month
Used Motor Oil Recycling Collection at Apartment Complexes
$ 0.00/pickup No dollars & no cents per pickup
Christmas Tree Recycling
Wood waste dropbox prices apply.
Accountina Services:
Reinstatement of service, residential
$ 20.50/reinst. Twenty dollars & fifty cents per reinstatement
Reinstatement of service, commercial, 2 - 8 yd. detachable container
$ 36.00/reinst. Thirtv-six dollars & no cents per reinstatement
Reinstatement of service, commercial, 20 - 40 yd. dropbox
$ 56.50/reinst. Fiftv-six dollars & fifty cents Der reinstatement
Returned check charge
$ 15.00/occur. Fifteen dollars & no cents Der occurrence
Exhibit C:
Price Escalation Factor
After the initial 2 -year period of the Contract, these prices will be escalated at 100 %
of the annual change from October 1. 1999 - September 30. 2000 to the Consumer
Price Index (CPI) for All Urban Consumers, the Western United States.
EXHIBIT B
ADDENDUM TO THE SOLID WASTE CONTRACT
RECYCLING COLLECTION SERVICES
This document is intended as an addendum (hereinafter referred to jointly with the Solid Waste
Contract as the "Contract") to the existing solid waste contract between the CITY OF EAGLE, IDAHO,
a municipal corporation of the County of Ada, State of Idaho, (hereinafter the "City"), and BFI Waste
Systems, Inc., a Delaware corporation qualified to do business in the state of Idaho, (hereinafter
"Contractor") for the purpose of adjusting customer rates for the collection of solid waste material from
residences in the City of Eagle, Idaho, as such boundaries exist on the effective date of this CONTRACT.
WHEREAS, by ordinance adopted and codified as Eagle City Code Title 4, Chapter 2, Section 5,
the City has provided for its authority to grant contracts for waste management; and,
WHEREAS, Contractor has a contract for garbage hauling services with the City entitled Waste
Collection Services Contract dated December 15, 1998; and
WHEREAS, Contractor and the City desire to amend said contract to provide for a residential
rate adjustment as provided herein;
NOW THEREFORE, the parties, in consideration of the promises contained herein, agree as
follows:
A. GENERAL PROVISIONS
1.1 CONTRACT DOCUMENTS
This document consists of the following:
1. This ADDENDUM;
2. Exhibit A - Customer Rate Schedule
3. Exhibit B - Price Escalation Factor
1.2 DEFINITION OF TERMS
For the purposes of this CONTRACT, all terms, phrases and words shall have the following
meaning:
A. Bin: A container used to separate and set out recyclable materials for collection by
Contractor.
PAGE 1 OF 18
Eagle Solid Waste Contract Addendum
B.
Carry -Out Service- Optional household service in which Contractor's collection
personnel collect solid waste and recycling set out beyond the usual collection site and/or
in fenced yards.
C. City: The City of Eagle, Idaho.
D. Container A can, bag, wheeled trash cart, or other authorized receptacle designed to
prevent spillage or leakage of trash. May be customer -owned or Contractor -supplied.
E. Contractor BFI Waste Systems, Inc.
F. Council- Eagle City Council.
G. County The County of Ada, Idaho.
H. Customer An occupant or owner of any premises, including a household, multi -family
complex, business, institution or other establishment in the service area for which solid
waste service is or has been provided.
I. Force Majeure- Acts of God or the public enemy, fire, floods, epidemics, earthquakes,
quarantine restrictions, acts of terrorism, and strikes not created by Contractor or
Contractor's employees or agents.
J. Hazardous Materials- Any chemical, compound, mixture, substance, or article which is
designated by the United States Environmental Protection Agency or appropriate agency
of the State to be hazardous as defined by or pursuant to federal or state law.
K. Household- A separate dwelling or residence in the service area occupied by a person or
group of persons, with trash collection in customer -owned containers or Contractor -
supplied wheeled trash carts, including residential units up to a four-plex. Each dwelling
or residence is billed as an individual unit.
L. Medical Waste- Waste which may contain infectious agents generated or produced as a
result of the diagnosis, treatment or immunization of human beings or animals, or related
research, including but not limited to non -containerized sharps, infectious laboratory
waste, waste from the production of bacteria, viruses or spores, human surgery
specimens, infectious animal parts, or trace amounts of chemotherapeutic agents affixed
to items used for the administration of same. Excludes de minimis quantities of
containerized sharps or other medical waste generated at households.
M. Recyclable Materials- Products or substances, including but not limited to paper,
cardboard, metal, or plastic, capable of being reprocessed or reused, which have passed
through their originally intended usage and which have been discarded or placed for
collection by their owner in accordance with the methods prescribed in this
CONTRACT, whether or not such products have monetary value.
N. Resident or Owner Every person, including lessees and occupants, in possession,
charge, custody, or control of any residence, business or commercial establishment
within the service area where waste is accumulated.
PAGE 2 OF 18
Eagle Solid Waste Contract Addendum
O. Residential- Residential includes single-family units, duplexes, tri-plexes and four-
plexes.
P. San/ice-Area. Incorporated areas of the City of Eagle. Includes all properties owned by
the City.
Q.
Solid Waste- Trash generated by residential, industrial, commercial, business,
institutional and agricultural customers.
R. Solid Waste firertnr: The person appointed by the Council to oversee the City's solid
waste management system and to administer this CONTRACT.
S. Stable Matter All manure and other waste matter normally accumulated in or about a
stable or any animal, livestock, or poultry enclosure, and resulting from the keeping of
animals, poultry, or livestock.
T. Trash• Solid matter of animal, vegetable, metal or other materials discarded for
landfilling, including bulky waste, construction and demolition waste, dead animals
weighing 10 pounds or less, and stable matter. Excludes materials which have been
properly set aside for hazardous materials, medical waste, and dead animals weighing
over 10 pounds.
U. Yard: A measurement of the cubic volume of solid waste.
V. Yard Waste- Plant material (grass, branches, brush, flowers, tree wood waste, etc.)
commonly thrown away in the course of maintaining yards and gardens, and other
biodegradable waste, including leaves and Christmas trees.
1.3 AUTHORITY & PRIVILEGE GRANTED
A. Exclusivity- City hereby grants exclusively to Contractor the authority and privilege to
engage in the business of collecting, transporting, processing and disposing of solid
waste kept or accumulated and placed for collection by households, multi -family
complexes and businesses within the corporate limits of the City of Eagle and to
perform all of the work called for and described in this CONTRACT. The exclusivity
described in this paragraph shall be automatically forfeited if the Idaho Supreme Court
or Idaho Legislature deems exclusive solid waste disposal franchises to be unlawful or
otherwise unenforceable under Idaho law.
B. Non-Exr.linsivity• Provided, however, that this exclusive authority and privilege does
not extend where declared herein to be non-exclusive. Such authority and privilege
granted to Contractor shall be non-exclusive with respect to the following:
1. Self -haul solid waste by residents and businesses in conformance with all
appropriate health and safety regulations, ordinances and laws;
2. Federal and State-owned facilities, such as military bases, except to the extent
allowed by state and federal laws;
3. Hazardous materials;
4. Medical waste;
5. Yard waste; and
PAGE 3 OF 18
Eagle Solid Waste Contract Addendum
6. Dead animals weighing over ten (10) pounds.
C. First Right of Refusal- If the City opts to contract for additional services for the non-
exclusive hauling of solid waste, the City will offer Contractor first right of refusal to
haul such materials except as otherwise limited by this contract..
1.3 TERM
A. First Term• The first term of this ADDENDUM to the Solid Waste Contract shall begin
January 1, 2004, and shall end at the same time as the Solid Waste Contract, which is at
midnight, December 31, 2005.
B. Renewal Authority. The City shall have the sole right to renew the Contract for
additional terms of up to seven years. The City shall give the Contractor five months'
written notice of its intention to exercise this option to renew the CONTRACT. If the
City extends the CONTRACT, the terms, conditions, and methods of payment in effect
at the time of renewal shall apply during the extended period, provided that the
CONTRACT may be amended by the parties from time -to -time pursuant to the
provisions herein.
1.4 TERMINATION AND DEFAULT
A. Termination for Cause- The City may terminate this CONTRACT for cause if
Contractor fails to perform or defaults on any of the responsibilities herein, except by
acts of Force Majeure.
B. Corrective Action- If, in the estimation of the Council, Contractor has failed to perform
or defaulted on any or all of the responsibilities herein, the City shall provide
Contractor written notice by certified mail of intent to terminate CONTRACT, detailing
Contractor's failure to perform and/or default. The City shall grant Contractor a period
of ten (10) days from receipt or delivery of written notice to correct said failure or
default. If Contractor fails to correct said failure or default within ten (10) days, the
City may terminate this CONTRACT immediately by notifying Contractor in writing by
certified mail, as provided in Section 5.7 herein.
C. Bond Payments- In the event of termination or default, payment and performance shall
be provided under the bonds as set forth in Section 2.11 herein.
2. DUTIES OF THE CONTRACTOR
Contractor is responsible for furnishing skill, labor, vehicles, containers, equipment, materials, and
supplies, in accord with solid waste services specified in this CONTRACT; for performance of
work under this CONTRACT by its officers and employees; for entering and maintaining all service
and billing data; for billing customers for services rendered; for collecting and processing customer
payments for services rendered; for paying a franchise fee to the City as set forth in Section 2.8
herein; for informing customers of proper setout procedures and other information relevant to duties
of the customer; for supplying all records and information required by this CONTRACT; for
securing at Contractor's expense all governmental permits and licenses and required regulatory
approvals; for paying all applicable taxes and fees; for complying with applicable laws and
regulations, and other duties mutually agreed upon.
PAGE 4 OF 18
Eagle Solid Waste Contract Addendum
2.1 CONTRACTOR ASSURANCES
All payments to workers and subcontractors are the responsibility of Contractor and in no
event is the City a guarantor of any claim or demand or judgment against Contractor for
wages or other payments.
2.2 SCOPE OF SERVICES
A. RESIDENTIAL SERVICE
1. Voluntary Service. Residential service shall be voluntary. Residential service
within the service area shall be provided solely by City's Contractor. Contractor
shall make residential service available to all single-family households, duplexes,
triplexes, and four-plexes in the service area. Where operationally feasible and at
the option of the owner/manager, Contractor shall make residential service
available to residents of mobile home parks and multi -family complexes in the
service area.
2. Weekly Collection• Residential service shall consist of weekly collection of trash
and recyclable materials properly set out by customer in approved containers, as
specified in Section 3 of this CONTRACT, on the designated collection day.
Residents shall select from multiple service levels and rates per the rate schedule
in Exhibit A.
3. Recycling Service. Contractor shall collect recyclable materials separately from
trash, on the same day and at the same location, whether curbside, alley, or carry-
out, in Contactor -supplied bins. Contractor shall distribute one bin to each
customer with residential service. Bins shall remain the property of Contractor. If
volume of recyclable materials exceeds capacity of one Contractor-suplied bin,
customer may purchase additional bins(s) from Contractor or a similar bin or
container from an area retailer.
4. Recyclable Materials. Contractor shall collect the following recyclable materials
from residential customers in the service area according to the following schedule:
a) Weekly.
1 Aluminum beverage cans
2 Steel cans, also called tin cans
3. Aerosol cans — empty food, cosmetic, cleaning, paint, and other
aerosol containers normally found in households, excluding
pesticides.
4 Newspaper — groundwood, also called newsprint, including inserts,
but excluding telephone books.
5 Plastic containers — any color empty plastic container designated #1
(PETE), #2 (HDPE), or #3 (PVC) with a neck smaller than the
base, excluding plastic motor oil and anti -freeze containers.
6. Magazines — glossy paper magazines and_catalogs.
7 Recovered paper products — white and colored ledger, household
mail, envelopes, brochures, cereal, candy and other food or one -
layer boxboard boxes, paper bags, wrapping paper and greeting
cards. Excludes telephone books, waxed paper products and liners,
PAGE 5 OF 18
Eagle Solid Waste Contract Addendum
foil and food or otherwise contaminated paper products.
8 Cardboard boxes — corrugated cardboard, with a wavy or rippled
filler glued between two pieces of paper, such as moving boxes.
Excludes wax -coated cardboard.
9 IJsed motor oil — up to two gallons per household, to be picked up
by an appropriate collection vehicle
B. As specified:
1. Major appliances - Freon and non -Freon units. Collection shall be offered
a minimum of twice weekly.
2 Christmas trees - weekly during a specified one or two-week period in
December and/or January. Excludes wreaths and flocked trees.
3 Leaves and yard waste — may be collected for composting during the
month of November subject to negotiation between the City and
Contractor.
5. Carry -Out Service: Upon customer request, Contractor's collection personnel
shall provide carry -out service for residential customers. Contractor shall enter
customers' yards to provide carry -out solid waste collection only if containers are
visible from the street or alley and reasonably accessible, gates are unlocked, and
there is no threat to collection personnel from an unfriendly animal. Contractor
shall not be required to enter locked gates.
6 Availability of Set -vine. Contractor shall not refuse to provide residential solid
waste or recycling service to any customer who complies with the terms of this
CONTRACT and all relevant statutes, ordinances, and regulations. Contractor may
refuse to provide residential service to any customer who fails to follow proper
setout procedures and to use approved containers specified in Section 3, of this
CONTRACT.
2.3 COLLECTION EQUIPMENT
Contractor shall furnish, during the period of this CONTRACT, a sufficient number of
persons, trucks, and equipment to collect and dispose of solid waste contracted for collection
in the City. Said equipment shall be maintained and operated in a clean and sanitary
condition at the expense of the Contractor.
A. VEHICLES
Vehicle Specifications. Contractor shall furnish specially designed vehicles
with watertight metal bodies and suitable covers of approved type for the
collection and hauling of solid waste. The equipment shall be clean, uniformly
painted and clearly marked for its volume capacity and identified for use
pursuant to this CONTRACT .and equipped with warning devices, subject to
review and approval by the City. All vehicles will be licensed, in good running
order, lighted and safety inspected for highway operations. The City shall not
assume or bear any liability for any safety inspection or review of the
Contractor's equipment and vehicles provided for under this CONTRACT.
2. Inventory' Contractor shall maintain an inventory of equipment, showing each
PAGE 6 OF 18
Eagle Solid Waste Contract Addendum
vehicle (type, capacity, approximate age) used in performing the CONTRACT.
Contractor may change equipment from time -to -time and shall revise the
inventory accordingly. Contractor shall maintain a vehicular fleet which will at
all times be adequate to perforin the responsibilities of this CONTRACT.
B. CONTAINERS
1. Residential Service: Customers may select their service level from among the
rates specified in Exhibit A. Customer may choose from limited and unlimited
service; Contractor -supplied and customer -supplied containers as specified in
Section 3.1A. At no additional fee to the customer, Contractor shall distribute one
recycling bin to each resident with residential solid waste service.
2.4 COLLECTION PROCEDURES
A. Accessibility. This CONTRACT shall grant to the Contractor the right of ingress and
egress, to cross all public streets, alleys and rights of way in the City. Collections shall
be made on the streets and rights-of-way of the City in a manner of least delay and
inconvenience to the public. Contractor shall use backways and alleys where
operationally feasible.
B. Responsibilities of Collection Personnel. Contractor shall hire competent and skilled
workers. Collection personnel shall follow the traveled portion of streets, alleys, and
roadways, or the regular walks for pedestrians while on private property, and shall take
care in loading recyclable materials so that none of the material to be collected is left
upon the private property or the streets, alleys, or roadways. Collection personnel shall
return the containers with all properly prepared and legal contents removed. Contractor
shall not place in any street or alley, in carrying out this CONTRACT, any obstructions
to traffic.
C. Ha7ardons Materials. Contractor shall not be required to collect and transport
hazardous materials. If such materials are collected, disposal shall take place only
under supervision or as required by an appropriate Health Protection Officer or other
public health official. Contractor shall not knowingly dispose of hazardous materials at
the Ada County Landfill, without appropriate notice to and approval by the City and
compliance with all federal, state and local laws and regulations.
D. Disposal Site Contractor shall haul all legally acceptable solid waste collected in the
service area to the Ada County Landfill or the County's designated disposal site, or an
approved recycling facility. Upon request, the Contractor's driver shall fully disclose
the contents of the vehicle to County landfill personnel.
E. Prohibition Against Litter No roadside littering during collection or from Contractor's
vehicles shall be allowed. Contractor shall immediately clean up any litter_that results
from the collection process.
2.5 COLLECTION HOURS AND DAYS
A. Residential Service. Residential recycling service shall be provided by Contractor after
the hour of 6:00 a.m., Mondays through Saturdays.
B. Sundays/Holidays• Service shall not be required on Sundays or on the following
PAGE 7 OF 18
Eagle Solid Waste Contract Addendum
holidays: New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day. Should any of the above holidays fall on a
normal collection day, collection shall be made the following work day and,
accordingly, the rest of the week's collection shall be a day later than usual.
2.6 CUSTOMER SERVICE
A. Inca! Officn• Contractor shall maintain a local office with telephone service and such
staff as needed to respond to customer contacts, including service requests and orders
for missed collections. Office hours shall be 8:00 a.m. to 4:00 p.m. of each working day
except Saturday. If collections are delayed as a result of a mid -week holiday, office
hours shall be from 8:00 a.m. to 12 noon on the Saturday following.
B. Piiblic Information. Contractor shall prepare and distribute information regarding
recycling services in the service area to the public and news media.
C. Resolution of Complaints. For each complaint or failure to make collection as
scheduled or other alleged condition under this CONTRACT by any residential,
commercial or business customer, Contractor shall promptly and courteously make an
evaluation and/or correction of such complaint within two (2) business days after
receipt of the complaint or as otherwise agreed with the customer.
2.7 BILLING SERVICES
A. Service Data: Contractor shall enter and maintain all residential service data, including
but not limited to type of service, size and type of container, and frequency of
collection.
B. Billing Data• Contractor shall enter and maintain all residential billing data specified in
Exhibit A.
C. Customer Billing Snhedule• Contractor shall bill all customers according to the type of
service provided as follows:
1. Residential Service:
Quarterly in advance.
D. Collection of Payments• Contractor shall collect payments from residential customers
according to the rates authorized in Exhibit A.
E. Billing Displace. Contractor shall follow BFI Corporate credit and collection policies
to resolve all billing disputes.
2.8 FRANCHISE FEE
A Authorization to Collect: City authorizes Contractor to collect a franchise fee from
residential, multi -family, and business customers with solid waste service. This fee shall
be regarded as the consideration paid by Contractor to the City for the franchise and
license to provide solid waste service in the service area.
B Payment by Contractor. Contractor shall pay City a franchise fee of eight percent (8%).
Franchise fee shall be calculated based on reimbursement for services collected in the
PAGE 8 OF 18
Eagle Solid Waste Contract Addendum
service area. Payment shall be made quarterly. Contractor shall be under no obligation
to pay City for any account for which customer has failed to make payment.
Reimbursement for services will be based on $11.68 per customer and adjusted annually
per Exhibit B. CONTRACTOR will pay the City quarterly the difference between the
total amount collected from residential customers less the total reimbursement rate.
Billings for additional services (including additional carts, bags or service fees) shall be
reimbursed to CONTRACTOR less the franchise fees.
C. Quarterly Accounting Statement- Contractor shall prepare a quarterly statement using
Generally Accepted Accounting Principles including but not limited to: the number of
customers served, the number of services provided during the previous quarter, gross
revenues and Contractor's reimbursement for services.
D. Payment Prnrediir s: Contractor shall submit quarterly accounting statement and
payment of franchise fee in person to the office of the City Clerk no later than the
fifteenth (15th) of the month following each calendar quarter.
E Failure to Comply. Contractor and City agree that the City may invoke termination
procedures specified in Section 1.6 herein should Contractor fail to comply with the
provisions of this Section.
2.9 DATA COLLECTION AND REPORTING
A. Monthly Report- Contractor shall submit to the City a monthly complaint log report and
a comprehensive monthly report, including total tonnage, if requested.
B. Annual Report. Contractor shall submit to the City an annual complaint log report
summarizing data reported in monthly reports. The annual report shall be due to the
City within 30 days following the end of the fiscal year.
2.10 FAIR LABOR PRACTICES
Contractor shall guarantee fair labor and nondiscrimination practices in accordance with
federal and state laws including but not limited to the FLSA, and shall be responsible for the
public conduct of all personnel when acting within the scope of their employment.
2.11 INSURANCE
A. Required incnrance Levels- During the term of the CONTRACT, Contractor shall keep
in effect at its own expense the following insurance, with limits on an occurrence basis
no Tess than those shown below:
1. Comprehensive General Liability and Property Damage Insurance.
Minimum Limits -
Bodily Injury $5,000,000
Property Damage $5,000,000
2. Automobile Liability (owned, non -owned and hired).
Minimum Limits.
Bodily Injury
PAGE 9 OF 18
Eagle Solid Waste Contract Addendum
$5,000,000
Property Damage $5,000,000
3. Employer's Liability Insurance covering each employee in the execution of the
work to the extent that such employee is not covered by worker's compensation.
Minimum I imits•
Per Accident
$5,000,000
4. Secure and maintain at least the statutory amounts of worker's compensation,
disability benefits, and unemployment insurance in accordance with the laws of
the State of Idaho.
B. Additional 1ncn : Contractor's certificates of insurance shall name the City, its
officials, employees, and agents as additional insureds and shall be endorsed to specify
that such policies cover the liability assumed by Contractor under this CONTRACT.
C. Notification- Such insurance shall provide at least thirty (30) calendar days' notice in
writing to the City before such policy is suspended, canceled, amended, or terminated.
D. Proof of Insurance• Contractor shall provide the City evidence of acceptable insurance
at limits listed above to: City Clerk, City of Eagle, P.O. Box 10, Eagle, ID 83647.
Insurance shall be placed with carriers admitted to write insurance in Idaho.
E. Failure to Comply- Contractor and City agree that the City may cancel this
CONTRACT at any time on written notice and without any further obligation to
Contractor should Contractor fail to maintain and keep in full force and effect such
insurance herein required.
2.12 INDEMNIFICATION
Contractor and its employees are independent contractors and are not, under this
CONTRACT, the employees or agents of the City. Contractor agrees to hold harmless and
indemnify the City from any and all liability, loss, or damage that may occur by reason of
any act or omission on the part of the Contractor, its agents, employees, assigns, or anyone
subcontracting with the Contractor for the collection and hauling of recyclable material
within the City or the provision of any service under this CONTRACT. Contractor further
agrees to defend against any claims, demands, actions, or suits brought against the City
arising out of or in connection with any act or omission on the part of the Contractor, its
agents, employees, assigns, or anyone subcontracting with the Contractor for the collection
and hauling of recyclable material within the City or the provision of any service under this
CONTRACT.
2.13 OWNERSHIP OF SOLID WASTE
Title to solid waste as defined in this CONTRACT shall pass to the Contractor when placed
in Contractor's collection vehicle, removed by Contractor from a container or removed by
Contractor from customer's premises, whichever occurs last. Title to trash as defined by this
CONTRACT shall pass to County at the time of disposal at the Ada County Landfill. Title
to recyclable materials as defined by this CONTRACT shall pass to recycling processor upon
payment to Contractor for materials delivered. In accordance with Subtitle C of the
Resource Conservation and Recovery Act of 1976, as amended, title to all hazardous waste
PAGE 10 OF 18
Eagle Solid Waste Contract Addendum
and otherwise prohibited waste remains with the generator. Nothing provided herein limits
any recourse Contractor or City may have against any generator for disposal of any
hazardous or prohibited waste.
2.14 COMPLIANCE WITH REGULATIONS
A. Contractor shall comply with all applicable federal laws, rules and regulations, the
statutes of the State of Idaho, the regulations and ordinances of the County and the City,
including but not limited to Chapter 3, Title 7 of the Eagle City Code; the regulations
and standards of the Solid Waste Division of the Department of Health and Welfare of
the State of Idaho and of Central District Health; and all rules and regulations, including
federal regulations relating to hazardous waste, covering the collection and
transportation of solid waste and recyclables as those statutes, ordinances, and
regulations now exist or may hereafter be amended.
B. Contractor shall comply with the Federal Occupational Safety and Health Act of 1970
(OSHA) and all other applicable federal, state, county, and city health and safety laws,
ordinances and rules and regulations.
C. Contractor guarantees City that it will provide all services, programs, or activities under
this CONTRACT in accordance with all applicable federal, state, and local statutes,
regulations, and requirements. Further, Contractor agrees to indemnify and defend the
City for any loss, expense, or damage of any type experienced by the City as a result of
the Contractor's violation of the guarantees given in this section.
2.15 RESIDENTIAL COLLECTION ROUTE PLANS
A. Contractor shall maintain residential route collection plans and schedules in its office.
B. Contractor shall have the right to amend residential plans and schedules so long as
customer service is not otherwise affected and upon written approval from the City.
3. DUTIES OF THE CUSTOMER
The customer is responsible for properly preparing and setting out recyclable materials as specified
in Section 3 herein; for properly disposing of hazardous or otherwise prohibited waste; and for
paying according to prescribed payment schedule for services rendered.
3.1 PREPARATION OF SOLID WASTE MATERIALS
Residential customers shall prepare solid waste for collection as specified herein. Contractor
may from time to time propose changes in setout procedures, subject to review and approval
by City.
A. RESIDENTIAL SERVICE
1. Set -Ont Time• Residential customers shall set out all solid waste no later than 7 a.m.
for collection by Contractor on the designated collection day. At the customer's
request, Contractor shall service containers set out after 7 a.m. on the designated or
following work day, subject to the late-setout procedures outlined herein and the
additional charge specified in Exhibit A.
2. Trash Carts- Contractor shall supply each household one 32, 64 or 95 -gallon
wheeled trash cart at no additional charge. Customer will select size and service
PAGE 11 OF 1S
Eagle Solid Waste Contract Addendum
level based on volume of household trash and rate. Residential customer shall set
out trash in Contractor -supplied carts in a clearly visible location as determined by
Contractor. If volume of trash exceeds capacity of Contractor -supplied cart and
resident has not selected the "unlimited" service level, customer may obtain pre -paid
stickers to affix to excess bags for an additional fee. Customers may also choose to
use customer -provided containers for the fee as specified in Exhibit A.
3. Trash Set -Out Procedures- Under the limited service options, all trash must be
contained within the Contractor -supplied cart. No trash may protrude above the rim
of the cart. Lids must be closed at all times. Under the unlimited service options, all
trash must be containerized in Contractor -supplied wheeled carts not to exceed 96
gallons in capacity; customer -owned cans, with lids, not to exceed 35 gallons in
capacity; or customer -supplied paper or plastic bags strong enough to prevent
spillage of contents under normal handling. Total weight per customer -supplied
container and contents shall not exceed sixty (60) pounds. Contractor may refuse to
service carts which are not properly set out for collection.
4. Recycling Bins- Contractor shall supply each household one recycling bin at no
additional charge. Residential customers shall set out recyclable materials in
Contractor -supplied bins. If volume of recyclable materials exceeds capacity of one
Contractor -supplied bin, customer may purchase additional bin(s) from Contractor or
a similar bin or container from an area retailer.
5 Recycling Set -Out Prnrednres• Customer shall rinse clean all cans and bottles,
discard caps and lids, and sort recyclable materials set out for collection in
Contractor supplied bins in paper bags. Customer shall flatten and set under or next
to recycling bin all cardboard boxes for recycling. Contractor may refuse to service
recycling bins containing improper or unsorted materials. Contractor shall leave
behind a customer feedback card explaining why bin was not serviced.
6. Used Motor Oil- Used motor oil shall be set out for recycling in clear plastic
containers, with an opening or spout from which oil may be poured into holding
tanks on Contractor's collection vehicles, and clearly designated "USED MOTOR
OIL."
7. Appliances. Appliances shall be free of all food and contaminants. Disabling of
doors is recommended. Collection shall be made at the curb or in the alley.
8 Yard Waste- Tree trimmings, hedge clippings, and other wood waste shall be cut to
a manageable length (a maximum of 4') and set out in compact piles or securely tied
in bundles not more than eighteen inches (18") in diameter and not exceeding sixty
(60) pounds in weight. Grass clippings, leaves, and garden debris shall be set out in
cans, plastic bags or other similar covered and/or tied containers. Sod, dirt and rocks
are prohibited.
9 Christmas Trees. Christmas trees set out for recycling shall be free of lights,
ornaments, tinsel and stand, and cut to a length that will not, in the opinion of
Contractor's collection personnel, damage collection vehicles or equipment (a
maximum of 4'). Flocked trees and wreaths are prohibited.
PAGE 12 OF 18
Eagle Solid Waste Contract Addendum
10. Carry -Out Service. Residential customers with carry -out service shall set out
containers in a location clearly visible from the street or alley and reasonably
accessible to collection personnel. Gates shall be unlocked and animals shall be
restrained.
11. Prohibited Materials. Customers shall not knowingly set out for collection by
Contractor any materials prohibited including but not limited to hazardous materials,
liquids, medical waste, and vehicle tires.
3.2 PAYMENT FOR SERVICES RENDERED
A. RESIDENTIAL SERVICE RATES
All residences in the service area that voluntarily subscribe to residential service shall
receive weekly trash and recycling collection. The following rates, as specified in
Exhibit A, are authorized:
1. Trash and Recyc.linu Collection• A flat fee per month per residence according to
the variable rate schedule in Exhibit A.
a) 32 gallon Contractor -supplied cart (limited service)
b) 64 gallon Contractor -supplied cart (limited service)
c) Unlimited service, Contractor -supplied cart (choice of one 32, 64 or 95 -gallon
cart)
d) Unlimited service, customer -supplied cans
Regardless of selected service level, residents will have access to unlimited
curbside recycling.
2. Each Additional Cart• Upon customer request, an additional flat fee per month per
extra cart for solid waste collection in Contractor -supplied wheeled trash carts.
3. Carry -Out Service: Upon customer request, an additional flat fee per household
per month to provide carry -out household service in customer -supplied containers
or Contractor -owned wheeled trash carts.
4. I. ate Collection. A flat fee applied as follows: At customer's request, Contractor
shall service containers set out after 7 a.m. at no additional charge to the customer
one time per calendar year. For each additional late collection requested and
authorized by customer in excess of one per calendar year, a late -collection fee
may be charged.
5. Appliance Recycling; An additional fee per appliance to collect Freon and non -
Freon appliances separately for recycling.
6. Wheeled Trash Cart Replacement- A flat fee will be charged to replace carts
damaged beyond normal wear and tear or stolen carts. Contractor shall exchange
one cart per customer per calendar year at no charge. Additional carts
replacements are subject to a replacement charge.
PAGE 13 OF 18
Eagle Solid Waste Contract Addendum
7. Service Fee: An additional fee applied to any residential account requesting a
change in service (including cart size and/or service level) more than one time per
calendar year.
8. Reinstatement of Service: An additional fee to restart service to any residential
account that has been suspended due to non-payment. Contractor shall suspend
collection at residential accounts delinquent by 60 or more days. A minimum of
two weeks prior to suspending collection, Contractor shall notify customer in
writing of intention to suspend service due to non-payment and that a reinstatement
fee shall be charged to reactive service. In the event that customer fails to make
payment, Contractor may petition City to disrupt water service. Billing for solid
waste service shall continue during period of suspended collection.
9. Returned Check Charge. A flat fee for checks returned to Contractor for
insufficient funds, closed accounts, or any other reason specified by financial
institution.
4. DUTIES OF THE CITY
The City is responsible for overseeing this CONTRACT; for enforcing the solid waste ordinances
and regulations in Eagle City Code Title 4, Chapter 2; for monitoring Contractor performance and
compliance; for establishing customer rates; for assisting Contractor in enforcement; and other
duties mutually agreed upon.
4.1 REVIEW OF CONTRACTOR PERFORMANCE AND COMPLIANCE
The City shall be responsible for review of Contractor performance and compliance,
provided that such review shall in no way relieve Contractor of any supervision,
performance, or obligation required by this CONTRACT.
4.2 CUSTOMER RATES
A. ESTABLISHMENT
The City shall establish customer rates, which shall be comprised of Contractor hauling
charges, administrative and billing costs, disposal fees, container rental and sales tax on
container rental (if applicable), and a franchise fee specified in Section 2.8 herein.
4.3 ENFORCEMENT
City shall assist Contractor in enforcing all provisions of this CONTRACT, including but not
limited to Contractor's exclusive privilege and authority and mandatory residential solid
waste service.
5. MISCELLANEOUS PROVISIONS
5.1 PROHIBITION AGAINST LANDFILLING OF RECYCLABLE MATERIALS
It shall be a violation of the AGREEMENT for Contractor to deposit any uncontaminated
recyclable materials collected under the terms and conditions of this AGREEMENT in a
sanitary landfill. This clause shall not apply to recyclable materials that have not been
prepared and placed for collection as recyclable materials in accordance with Contractor's
instructions.
PAGE 14 OF 18
Eagle Solid Waste Contract Addendum
5.2 SUPERVISION
Contractor shall provide full -tine key personnel to oversee provision of services prescribed
herein.
5.3 NONDISCRIMINATION
The Contractor shall not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin. The Contractor will take affirmative action
to insure that applicants and employees are treated during the application process and
employment without regard to their race, creed, color, or national origin. 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, including apprenticeship. The Contractor agrees to
post, in conspicuous places, available to employees and applicants for employment, notices
to be provided by the Owner setting forth the provisions of this nondiscrimination clause.
The Contractor shall, in all solicitations or advertisements for employees, placed by, or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color or national origin.
The Contractor will send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contractual understanding, a notice, to be provided
by the agency contracting officer advising the labor union or worker's representative of the
Contractor's commitments under Section 202 of Executive Order No. 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
The Contractor shall comply with all provisions of Executive Order No. 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
The Contractor shall furnish all information and reports required by Executive Order No
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by
the Contracting agency and the Secretary of Labor for the purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
Contract, or with any of such rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole, or in part, and the Contractor may be declared ineligible
for further government Contracts in accordance with procedures authorized in Executive
Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
The Contractor shall include the provisions of the above paragraphs in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that
such provisions will be binding upon each Sub -contractor or vendor.
PAGE 15 OF 18
Eagle Solid Waste Contract Addendum
5.4 ENTIRE AGREEMENT
This CONTRACT and all exhibits hereto embody the entire agreement of the parties. There
are no promises, terms, conditions, or obligations other than those contained herein, and this
CONTRACT supersedes all previous and contemporaneous communications,
representations, or agreements, either verbal or written, between the parties.
5.5 SAVINGS CLAUSE
If any of the provisions of this CONTRACT or the related ordinance shall be held to be
unenforceable, the remaining provisions shall nevertheless be enforceable and carried into
effect.
5.6 BINDING ON SUCCESSORS
This CONTRACT shall be binding upon the parties hereto and their respective
administrators, employees, successors, and approved assigns.
5.7 IDAHO LAW
This CONTRACT shall be construed and interpreted in accordance with the laws of the State
of Idaho and the ordinances of the City of Eagle. No term or omission of language in this
CONTRACT shall be construed to amend or waive any provision of the regulations or
ordinances of the City of Eagle. The venue for any claim, litigation, or cause of action
between the parties shall be in the Fourth District Court of the State of Idaho for Ada
County.
5.8 FORCE MAJEURE
Neither party hereto shall be liable for its failure to perform hereunder, in whole or in part,
due to contingencies beyond its reasonable control, including but not limited to Acts of God
or the public enemy, fire, floods, epidemics, earthquakes, acts of terrorism, quarantine
restrictions, and strikes not created by Contractor or Contractor's employees or agents,
whether now existing or hereafter created.
5.9 NOTIFICATION
Notices required or contemplated under this CONTRACT shall be in writing and shall be
deemed received when mailed by certified mail, postage prepaid, return receipt requested, to
the respective parties at the following addresses:
CITY:
CONTRACTOR:
Sharon Moore
City Clerk
City of Eagle
310 E. State Street
Eagle, ID 83616
Dave Fisher
General Manager
BFI Waste Systems, Inc.
11101 West Executive Drive
Boise, ID 83713
Any change of address for either party shall be immediately made known to the other party in
writing as above provided.
PAGE 16 OF 18
Eagle Solid Waste Contract Addendum
5.10 ALTERATION OF TERMS
No amendment, alteration, or modification of this CONTRACT shall be effective unless
made in writing and duly executed by the parties.
5.11 EXECUTION IN COUNTERPARTS
This CONTRACT shall be executed simultaneously in triplicate, each copy of which shall be
deemed an original, and it shall not be necessary in making proof of this CONTRACT to
produce or account for more than one such document.
5.12 TRANSFER OF INTEREST
It is agreed by the parties hereto that this CONTRACT may be assigned or transferred, in
whole or in part, as may any right, title, or related interest in this CONTRACT, by the
Contractor to any person shown to be qualified to carry out the CONTRACT or portion
thereof to be assigned, subject to the prior written consent of the City, which consent shall
not be unreasonably withheld subject to adequate assurances.
5.13 PUBLIC RECORDS
All reports, information, and data generated or submitted pursuant to this CONTRACT are
public records subject to the Open Records Law, Idaho Code Chapter 3, Title 9.
PAGE 17 OF 18
Eagle Solid Waste Contract Addendum
DATED this AZ ON day of 0.2e 2 rn b -e r , 200 .
ATTEST:
Sharon Moore, City Clerk
STATE OF IDAHO )
) ss.
City of Eagle
By:
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By:
Dave Fisher, General Manager
BFI Waste Systems, Inc.
County of Ada )
On this /9 day of 'SL3LY�l�kvt, , 2003 , before me, a notary public, personally
appeared, Dave Fisher, known or identified to me to be the General Manager of the corporation that
executed the instrument or the person who executed the instrument on behalf of said corporation, and
acknowledged to me that such corporation executed the same.
PAGE 18 OF 18
Eagle Solid Waste Contract Addendum
Cj-2?//Wet, )1-1 rnstaityX---
Notary Public for Idal
Residing at: -
My commission expires: qv Os
•
Page 1 of 2
Exhibit A: Customer Rate Schedule
EXHIBIT A:
CUSTOMER RATE SCHEDULE
Standard Single Family Residential Pickups (weekly collection):
All residential service, regardless of service level, includes unlimited curbside recycling
Limited Service (one 32 -gallon Contractor -supplied wheeled cart)
$ 6.00/month Six dollars $ zero cents oer month
Limited Service (one 64 -gallon Contractor -supplied wheeled cart)
$ 9.00/month Nine dollars & zero cents per month
Unlimited Service (choice of one 32, 64 or 95 -gallon wheeled receptacle in addition to 35 -gallon resident -
provided cans)
$ 13.00/month Thirteen dollars & zero cents per month
Unlimited Service (customer -supplied 35 -gallon cans)
$ 15.00/month Fifteen dollars & zero cents per month
Pre -paid stickers (to be used for additional trash not included in the "limited" service levels)
$ 1.00/each One dollar & zero cents per sticker
Additional Carts (provided by BFI) — $3.22/monthly
$ 3.22/month Three dollars & twenty-two cents per month
Reimbursement Rate:
BFI reimbursement rate for services
$ 1 1.68/hh Eleven dollars & sixty-eight cents per household
Additional Residential Services:
Service fee (applied to change of cart and/or service level if requested more than once per calendar year)
$ 10.00/each Ten dollars per each
Pan 2 of 2
Exhibit A: Customer Rate Schedule
Replace Wheeled Cart (due to neglect or misuse)
$ 45.00/each Forty-five dollars per each,
Wheeled Cart (non-scheduled pick-up)
$ 4.00/each Four dollars per each
Dead Animal Removal (up to 20 pounds)
$ 40.00/each Forty dollars per each
Carry -Out Service
Carry -Out (non -curb) Service, unlimited trash & recycling (up to 95 -gallon wheeled receptacle), weekly
collection:
$ 3.28/month Three dollars & twenty-eight cents per month
(Fee is in addition to regular monthly charges.)
EXHIBIT B:
PRICE ESCALATION FACTOR
1
The contractor will receive a yearly rate adjustment effective each January 15`. This adjustment will be
based on the change in the Consumer Price Index (CPI) for the previous twelve-month period ending in
October. The Consumer Price Index to be used shall be the US City Average — All Urban Consumers
Index, as published by the U.S. Department of Labor, Bureau of Labor Statistics.
F�'tHIBIT C
SECOND ADDENDUM TO WASTE COLLECTION SERVICES CONTRACT
THIS SECOND ADDENDUM TO WASTE COLLECTION SERVICES CONTRACT ("Second
Addendum") is made by and between the CITY OF EAGLE, IDAHO, a municipal corporation
of the State of Idaho, ("City") and ALLIED WASTE SERVICES OF NORTH AMERICA, LLC,
a Delaware limited liability company, ("Contractor"), as follows.
RECITALS
WHEREAS, by ordinance adopted and codified as Eagle City Code Title 4, Chapter 2,
Section 5, the City has provided for its authority to grant contracts for waste management.
WHEREAS, exclusive waste collection and disposal services are currently provided to
the City pursuant to that certain Waste Collection Services Contract Between The City of Eagle
and BFI Waste Systems, Inc., dated December 15, 1998 (the "Contract"), as amended by that
certain Addendum to the Solid Waste Contract — Recycling Collection Services, dated December
12, 2003 (the "First Addendum").
WHEREAS, pursuant to that certain Assignment Letter agreed to and accepted by the
City on even date herewith, the City has consented to the assignment of all rights, title, interest
and duties of BFI Waste Systems, Inc. under the Contract, as amended, to Contractor, a
subsidiary of BFI Waste Systems of North America, Inc.
WHEREAS, the term of the Contract, as amended, is scheduled to expire at midnight,
December 31, 2005. However, Section 1.4(B) of the Contract and Section 1.3(B) of the First
Addendum provide for renewal of the Contract, as amended, each stating as follows:
The City shall have the sole right to renew the Contract for
additional terms of up to seven years. The City shall give the
Contractor five months' written notice of its intention to exercise
this option to renew the Contract. If the City extends the Contract,
the terms, conditions, and methods of payment in effect at the time
of renewal shall apply during the extended period, provided that
the Contract may be amended by the parties from time -to -time
pursuant to the provisions herein.
WHEREAS, the City now desires to exercise its option to renew the Contract, as
amended, for an additional term of seven (7) years as provided below in this Second Addendum,
and Contractor desires to consent to such renewal by the City.
WHEREAS, the City and Contractor further desire to modify the Contract, as amended,
to provide for an adjustment in customer rates due to uncontrollable costs that have occurred as
the result of an increase in landfill disposal costs, to allow for future City approved adjustments
in customer rates in the event that Contractor incurs uncontrollable costs and to clarify the
exclusivity provisions of the Contract, as amended.
SECOND ADDENDUM TO WASTE COLLECTION SERVICES CONTRACT
S:\CLIENTS16486\2\Second Addendum to Eagle Agreement (final).DOC 1
NOW THEREFORE, the parties, in consideration of the promises contained herein and
for other good and valuable consideration, the sufficiency of which is hereby mutually
acknowledged, agree to enter into this Second Addendum as follows:
AGREEMENT
1. RENEWAL OF TERM
The City and Contractor agree to renew the Contract, as amended, for an additional
period of seven (7) years, through and until midnight, December 31, 2012, as follows:
The City hereby exercises its right to renew the Contract, as amended, for
a second term as provided herein, pursuant to Section 1.4(B) of the
Contract and Section 1.3(B) of the First Addendum.
1.2. Contractor hereby waives Contractor's right to five (5) months' written
notice of the City's intention to exercise the option to renew the Contract,
as amended, as provided in Section 1.4(B) of the Contract and Section
1.3(B) of the First Addendum.
1.3. Accordingly, the City and Contractor hereby amend the Contract, as
amended, by adding the following provision entitled "Second Term," to
read as follows:
Second Term. The term of this Contract, as amended, shall be
extended by a second term that shall begin at midnight, December
31, 2005 and shall end at midnight, December 31, 2012.
There shall be no lapse of time between the initial term and the second
term of the Contract, as amended. All references to the term in the
Contract, as amended, shall be interpreted as replacing the former
expiration date of midnight, December 31, 2005 with the new expiration
date of midnight, December 31, 2012.
2. ADJUSTMENTS TO CUSTOMER RATES
The City and Contractor agree to provide for adjustments in customer rates charged due
to uncontrollable costs, as follows:
2.1. Due to uncontrollable costs as the result of an increase in landfill disposal
costs, the City hereby approves the revised customer rates set forth in
Exhibit A hereto and such revised rates shall take effect in the next
regularly scheduled billing cycle following the execution of this Second
Addendum. The parties intend that this rate adjustment will offset the
uncontrollable increase in disposal costs incurred by Contractor without
increasing any franchise fee due to the City under the Contract, as
amended. Therefore, the increase in customer rates provided hereunder
SECOND ADDENDUM TO WASTE COLLECTION SERVICES CONTRACT
S\CLIENTS\6486\2\Second Addendum to Eagle Agreement (final).DOC 2
shall be excluded from all calculations of the franchise fee pursuant to
Section 2.8(B) of the First Addendum.
2.2. The City and Contractor hereby amend the Contract, as amended, by
deleting Section 4.2(B) of the Contract and by deleting Exhibit B to the
First Addendum, in their entirety, and by adding the following provision
entitled "Rate Adjustments," to read as follows:
Rate Adjustments. Contractor shall receive an adjustment to
customer rates charged, effective as of January 1St of each calendar
year that this Contract, as amended, remains in effect. Each
adjustment on January 1St shall be based on the change in the
Consumer Price Index for the twelve-month period ending on
October 31St of the immediately preceding calendar year. The
Consumer Price Index to be used shall be the U.S. City Average —
All Urban Consumers Index, as published by the U.S. Department
of Labor, Bureau of Labor Statistics. Contractor shall further
receive an adjustment to customer rates charged in the event of
uncontrollable costs, including, without limitation, revised laws,
ordinances or regulations, tax or franchise fee increases, or
disposal cost increases. In the event that uncontrollable costs
occur, Contractor shall provide written documentation to the City
of such costs, and the City shall adjust customer rates accordingly
upon a finding by the City Council that the rate increase is
demonstrated to be reasonable, subject to any applicable public
notice and hearing requirements as may be required by law. City
approved rate adjustments under this provision will take effect in
the next regularly scheduled billing cycle following City approval.
Notwithstanding the foregoing, in no event shall customer rates
charged be less than the base rates established in Exhibit A hereto.
3. EXCLUSIVITY
3.1. The City and Contractor acknowledge that since executing the First Addendum,
the Idaho Supreme Court has upheld the authority of municipalities to grant
exclusive franchises for the collection and disposal of municipal solid waste.
Accordingly, the City and Contractor hereby amend the Contract, as amended, by
deleting Section 1.3(A) of the First Addendum, in its entirety, and replacing it
with the following provision:
Exclusivity: City hereby grants exclusively to Contractor the
authority and privilege to engage in the business of collecting,
transporting, processing and disposing of solid waste kept or
accumulated and placed for collection by households, multi -family
complexes and businesses within the corporate limits of the City of
Eagle and to perform all of the work called for and described in
this Contract, as amended.
SECOND ADDENDUM TO WASTE COLLECTION SERVICES CONTRACT
S:\CLIENTS\6486\2\Second Addendum to Eagle Agreement (final).DOC 3
Non-exclusive services under the Contract, as amended, shall continue to be
governed by Section 1.3(B) of the First Addendum.
4. MISCELLANEOUS
4.1. The recitals to this Second Addendum and Exhibit A hereto are hereby
incorporated into the text of this Second Addendum and made a part hereof.
4.2. The Contract, as amended by the First Addendum, is in full force and effect and
remains unaltered, except to the specific extent amended or supplemented by this
Second Addendum, and this Second Addendum shall be a part of the Contract, as
amended.
4.3. This Second Addendum may be signed in counterparts, each of which shall be
deemed an original, and all such counterparts shall constitute one and the same
Second Addendum.
4.4. This Second Addendum embodies the entire agreement between the parties as to
amendments addressed herein to the Contract, as amended, and shall supersede
any oral or other agreements existing between the parties relating to the subject
matter hereof.
[End of text]
SECOND ADDENDUM TO WASTE COLLECTION SERVICES CONTRACT
S:\CLIENTS\6486\2\Second Addendum to Eagle Agreement (final).DOC 4
IN WITNESS WHEREOF, the parties have executed this Second Addendum as set forth
below.
Dated this/f./A day of
ATTEST:
, 2005.
CITY OF EAGLE
B
Sharon K. Bergmann, CMC, 1 ity Clerk
4=s' "*"."%sf
Cr �-
SVAt-
•E U t .: ��.
ifsimestes.
CONTRACTOR:
By: Z666‘"Af
Dean Spady (
District Manager
STATE OF IDAHO )
) ss.
County of Ada714
)
On this (5 day of 5 p — t 3 (7? , 2005, before me, a notary public of the
State of Idaho, personally appeared Dean Spady, known or identified to me to be a District
Manager of the corporation that executed the instrument, or the person who executed the
instrument on behalf of said corporation, and acknowledged to me that such corporation
executed the same. 00'•1N."4..
,'���•4gYARI�
;eta,"
�tY .�l Gv►�c-�cY �
A
x p� � v C Notary Public, State of Idal%
4 r �' Residingat 4n A- Co c1
p � 9 My Commission Expires: G l i
44 STATS
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SECOND ADDENDUM TO WASTE COLLECTION SERVICES CONTRACT
S:\CLIENTS)6486\2\Second Addendum to Eagle Agreement (final).DOC 5
EXHIBIT A
S:\CLIENTS\6486\2\Second Addendum to Eagle Agreement (final).DOC
6
Revised Proposed Rates 6-20-2005
Eaale Packaae Description and Rates
Proposed Proposed
Current7/1/2005 Total
2005 I Increase
Eagle Business 1 Toter $27.57 $1.36 $28.93
Eagle Business 2 Toter $30.78 $2.72 $33.50
Eagle Business 3 Toter $34.04 $4.08 $38.12
Eagle Business 4 Toter $37.23 $5.44 $42.67
Eagle Curbside Service -Customer own cans $15.33 $0.92 $16.25
Eagle Carry Out Service -Customer own cans $25.05 $0.92 $25.97
Eagle Unlimited with 2 Toters
Eagle Unlimited with 3 Toters
Eagle Unlimited with 4 Toters
Eagle Unlimited with 6 Toters
Eagle Toter Carry Out Service
Eagle Unlimited with 95 gal Toter
Eagle Limited with 32 gal Toter (1 toter only)
Eagle Unlimited with 32 gal Toter
Eagle Limited with 64 gal Toter (1 toter only)
Eagle Unlimited with 64 gal Toter
$16.51
$19.74
$24.22
$30.15
$2.72 $19.23
$4.08 $23.82
$5.44 $29.66
$6.80 $36.95
$28.28 $0.92 $29.20
$13.29 $0.92 $14.21
$6.13 $0.34 1 $6.47
$13.29 $0.92 1 $14.21
$9.20 $0.69 1 $9.89
$13.29 $0.92 1 $14.21
Proposed
# of Dumosters
July 1, 2005
3 Yard Permanent oumostva
I Reimbursement
Service Frequency Pet Rent -2nd screen 2nd Service & Disposal -
Week line Tax 2nd screen 1st line
lx/month $6,83 $0.34
2x/month $6.83 $0.34
1 $6.83 $0.34
2 $6.83 $0.34
3 $6.83 $0.34,
4 $6.83 $0.34
5. $6.83 $0.34
6 $6.83 $0.34
1 extra -1st screen N.A. N.A.
1 $13.65 $0.68
2 $13.65 $0.68
3 $13.65 $0.68
4 $13.65 $0.68
5 $13.65 $0.68
2 61 $13.651 $0.681
11 $20.491 $t021
21 $20.491 $1.021
3 $20.49 $1.021
4 $20.49 $1.02
3 5 $20.49] $1.02'
11 $27.32 $1.371
231
$27.32 $1.37
$27.32 $1.37
41 $27.321 $1.37
4 5 $27.321 $1.37
1 $34.151 $1.71
2 $34.151 $1.71
3 $34.151 $1.71
4 $34.151 $1.71
5 51 $34.151 $1.71
1 $40.98 $2.05
2 $40.98 $2.05
31 $40.981 $2.05
41 $40.961 $2.05
61 51 $40.981 $2.05
11 $47.811 $2.39
21 $47.811 $2.39
31 $47.811 $2.39
41 $47.811 $2.39
71 51 $47.811 $2.39
$31.11
$50.94
$63.16
$108.20
$153.26
$198.30
$243.35
$288.70
$26.93
$126.32
$216.40
$306.52
$396.61
$486.70
$577.42
$189.47
$324.61
$459.77
$594.91
$730.05
$252.62
$432.81
$613.03
$793.22
$973.40
$315.78
$541.01
$766.29
$991.52
51, 216.75
$378.94
$649.21
5919.55
51,189.82
51,460.10
$442.09
$757.41
$1,072.81
$1,388.13
51,703.45
Page 1 of 5
Proposed July 1, 2005
4 Yard Permanent Dumosters
BFI Reimbursement
Rent -2nd screen 2ndService & Disposal-
# of Dumosters line 'Tax 2nd screen 1st line
1x/month $7.79 $0.39 $42.53
2x/month $7.79 $0.39 $67.91
1 $7.79 $0.39 $76.42
2 $7.79 $0.39 $136.59
3 $7.79 $0.39 $185.38
4 $7.79 $0.39 $238.72
5 $7.79 $0.39 $294.33
6 $7.79 $0.39 $349.05
1 extra -1st screen N.A. #VALUEI $32.20
1 $15.58 $0.78 $152.84
2 $15.58 $0.78 $273.19
3 $15.58 $0.78 $370.77
4 $15.58 $0.78 $477.43
5 $15.581 $0.78 $588.65
2 6 $15.581 $0.78 $698.10
1 $23.371 $1.17 $229.26
2 $23.371 $1.17 $409.78
3 $23.371 $1.17 $556.15
4 $23.371 $1.17 $716.15
5 $23.371 $1.17 $882.98
3 61 $23.37 $1.17 $1,047.14
11 $31.16 $1.56 $305.69
21 $31.16 $1.561 $546.37
31 $31.16 $1.561 $741.54
4 $31.16 $1.561 $954.86
5 $31.16 $1.561 $1,177.31
4 6 $31.16 $1.561 $1,396.19
1 $38.951 $1.9 $382.11
2 $38.9 $1.95 $682.96
3 $38.951$1.95 $926.92
41 $38.951 $1.951 $1,193.58
51 $38.951 $1.951 $1,471.63
5 61 $38.951 $1.951 $1,745.24
11 $46.741 $2.341 $458.53
21 $46.74 $2.341 $819.56
31 $46.74 $2.341 $1,112.30
14� $46.74 $2.341 $1,432.29
1 5I $46.74 $2.341 $1,765.96
61 61 $46.74 $2.341 $2,094.29
SemIce Frequency Pei
Week
Page 2 ot 5
Proposed
# of Dumosters
1
2
31
1
1
1
41
5
6
71
July 1, 2005
6 Yard Permanent Dumosters
BFI Reimbursement
Service Frequency Pe,Rent^2nd screen 2ndService & Disposal -
Week line Tax ,2nd screen 1st line
1x/month $9.38 $0.471 $54.71
2x/month $9.38 $0.47 $89.81
1 $9.38 $0.471 $102.06
2 $9.38 $0.471 $173.96
3 $9.38 $0.47 $245.60
4 $9.38 $0.471 $317.50
5 $9.38 $0.471 $389.41
6 $9.38 $0.4$461.34
extra -1st screen N.A. #VALUE, $42.20
1 $18.76 $0.94 $204.12
2 $18.76
3 $18.76
41 $18.761
51 $18.761
11 $28.141
21 $28.141
31 $28.141
41 $28.141
6I $28.141
1 $37.52
21 $37.52
31 $37.52
41 $37.52
51 $37.52
11 $46.90
21 $46.90
31 $46.90
41 $46.90
51 $46.90
11 $56.28
21 $56.28
31 $56.28
41 $56.28
51 $56.28
1 $65.66
2 $65.66
3 $65.66
4 $65.66
5 $65.66
$0.94
$0.941
$0.94
$0.94
$1.41
$1.41
$1.41
$1.41
$1.41
$1.88
$1.88
$1.88
$1.88
$1.88
$2.351
$2.351
$2.351
$2.35
$2.35
$2.81
$2.81
$2.81
$2.81
$2.81
$3.28
$3.28
$3.28
$3.28
$3.28
$347.94
$491.19
$635.00
$778.82
$306.19
$521.89
$736.79
$952.49
$1,168,23
$408.25
$695.86
$982.38
$1,269.99
$1,557.64
$510.31
$869.82
$1,227.98
$1,587.49
$1,947.05
$612.37
$1,043.78
$1,473.58
$1,904.99
$2,336.46
$714.43
$1,217.75
$1,719.17
$2,222.49
$2,725.87
Page 3 of 5
Proposed July 1, 2005
e tam rermanem uumasters
1 UH Reimbursement
Service Frequency Peed ent-2nd screen 2nd Service & Disposal -
if of Dumnsters Week line Tax 2nd screen 1st line
1x/month $10.91 $0.55 $71.09
2x/month $10.91 $0.55 $117.04
1 $10.91 $0.55 $147.8
2 $10.91 $0.55 $239.7
3 $10.91 $0.55 $331.64
4 $10.91 $0.55 $423.8
5 $10.91 $0.55 $515.43
6 $10.91 $0.55 $608.68
1 extra -1$t screen N.A. #VALUEI $53.31
1 $21.83 $1.09 $295.65
2 $21.83 $1.09 $479.47
3 $21.83 $1.09 $663.30
4 $21.83 $1.09 $847.64
1. -Th 2 5 $21.83 $1.09 $1,030.87
1 $32.73 $1.64 $443.47
2 $32.73 $1.64 $719.21
3 $32.73 $1.64 $994.91
4 $32.73 $1.64 $1,271.46
3 51 $32.73 $1.64 $1,546.30
11 $43.641 $2.181 $591.29
21 $43.641 $2.181 $958.94
31 $43.641 $2.181 $1,326.55
41 $43.641 $2.181 $1,695.28
41 51 $43.641 $2.181 $2,061.73
11 $54.551$2.731$739.11
2 $54.55 $2.73 $1,198.68
31 $54.551 $2.731$1,658.19
41 $54.551 $2.71 $2,119.10
51 51 $54.551 $2.731 $2,577.17
11 $65.46 $3.271 $886.94
21 $65.46 $3.271 $1,438.41
31 $65.46 $3.271 $1,989.83
41 $65.46 $3.271 $2542.92
61 51 $65.46 $3.271 $3,092.60
11 $76.37 $3.821 $1.034.76
21 $76.37 $3.821 $1,678.15
31 $76.37 $3.82 $2,321.47
41 $76.371 $3.821 $2,966.74
7 51 $76.371 $3.821 $3,608.03
Addltlonal Charnes Customer owned Compactors
5 Minute Increment
Ud Lock Installation
Steam Clean Container
Business Non -Freon Appliance
Business Freon Appliance
$12.50
$37.50
$150.00
$24.44
$48.31
4 Yard
6 Yard
8 Yard
Service & Disposal
$60.01
$79.22
`x$107.24
Page 4 of 5
Proposed July 1, 2005
Relocation Fee - Any Size $29.27
Delivery Fee - 3 yard to 9 yard $17.61
delivery Fee - Roll -Off $28.17
TemQorery Small Containers
Regular Haul Rates
Rent -2nd screen 1st Haul & Disposal -1st
Size Zine Tax screen
3 Yard $11.34 $0.57 $26.93
4 Yard $17.89 $0.89 $32.20
6 Yard $22.09 $1.10 $42.20
8 Yard $28.65 $1.43 $53.32
Constriction Haul Rates
Size Rent Tax Haul & Disposal
3 Yard I $11.341 $0.571 $46.50
Roll -Off Containers
Regular Haul Rates
Rent -2nd screen 1st
Size line Tax Haul -1st screen Disposal
20 Yard $78.42 $3.92 $101.60 $60.00
25 Yard $86.30 $4.32 $103.97 $75.00
30 Yard $92.38 $4.62 $102.67 $90.00
35 Yard $98.11 $4.91 $103.20 $114.00
40 Yard $103.84 $5.19 $103.85 $120.00
Compactor Haul Rates
Rent -2nd screen 1st
Size line Tax Haul -1st screen Disposal
10 Yard $0.010.00 102.20 60.00
13 Yard $0.01 $0.00 102.94 78.00
15 Yard $0.01 0.00 103.43 90.00
16 Yard 1,Q 0i 10.00 103.68 96.00
17 Yard $0.01 50.00 403.91 $102.00
20 Yard £0.01 $0.00 $104.86 5120.00
25 Yard $0.01 $0.00 $105.89 $150.00
30 Yard $0.01 $0.00 $107.13 $180.00
35 Yard $0.01 $0.00 $108.35 $210.00
40 Yard $0.01 $0.00 $109.58 $240.00
Wood H lin Rates
Rent.2nd screen 1st
Size line Tax Haul -1st screen Disposal
20 Yard $78.42 $3.92 $98.26 $25.00
25 Yard $86.30 $4.32 $98.52 $31.25
30 Yard $92.38 $4.62 $98.79 $37.50
35 Yard $98.11 $4.9i $99.06 $43.75
40 Yard $103.84 $5.19 $99.31 $50.00
I. onstnictid Haul Rates
Rent -2nd screen 1st
Size tine Tax Haul -1st screen Disposal
20 Yard $78.43 $3.92 $111.55 $120.00
25 Yard $86.30 $4.32 $112.72 $150.00
30 Yana $92.39 $4.62 $113.89 $180.00
35 Yard $98.11 $4.91.... $115.07 $210.00
40 Yard $103.84 $5.19 $1-16.25 $240.00
Asbestos caul Rates
Size Rent Tax Haul Disposal
20 Yard $78.42 $3.92 $156.51 $500.00
25 Yard $86.30 $4.32 $156.51 $625.00
30 Yard $92.38 $4.62 $156.51 $750.00
35 Yard $98.11 $4.91 $156.51 $875.00
40 Yard $103.84 $5.19 $156.51 $1.000.00
Page 5 of 5
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: tiEa
Address: 3 10 C c)?'cc.k Run Dates:
Identification:
C. a)/Ce zi)
Number Lines
-113
NOTICE OF HEARING ON
ORDINANCE NO. 526
BFI WASTE SYSTEMS CONTRACT AMENDMENT
CITY OF EAGLE, IDAHO
ADA COUNTY, IDAHO
SCANNEC
RI .CEIVED & FILED
CITY OF EAGLE
SEP 0 7 2005
FIIR•
Rout9 ;n•
(5—/>` 6U•01 a h LL
9-2 t 0 S_
N0 ,s-24
Amount � 2 7)11
`tY'`+/ 1 1
NOTICE IS HEREBY GIVEN that Tuesday, the 1lth day of October, 2005, at the hour of 7:30 o'clock p.m., Eagle City
Hall, Eagle, Idaho, has been fixed as the time and place for public hearing for the purpose of hearing public comments regarding
the amendment to the Contract between BFI Waste Systems and the City of Eagle. This is the time and place when and where
the City Council will consider the adoption of Ordinance No. 526 amending the contract with BFI Waste Systems, and hear
all comments, protests, and objections thereto which may be made in writing and filed with the Clerk on or before said time.
At4he hearing, the City Council will consider the following Ordinance:
ORDINANCE NO. 526
A ORDINANCE IN ACCORDANCE WITH IDAHO CODE 50-329, 50-329A, AND 50-344 GRANTING A FRAN-
CHISE O ALLIED WASTE SERVICES OF NORTH AMERICA, LLC, A CORPORATION, AND TO ITS SUCCESSORS AND
ASSIG S, TO OPERATE WITHIN THE CORPORATE LIMITS OF THE CITY OF EAGLE, IDAHO. GARBAGE COLLEC-
TION SYSTEMS AND FACILITIES FOR SUPPLYING GARBAGE COLLECTION SERVICE TO THE CITY, THE INHAB-
ITANTS THEREOF, AND OTHERS FOR A TERM OF SEVEN YEARS IN ACCORDANCE WITH THE WASTE COLLEC-
TION SERVICES CONTRACT BETWEEN THE CITY OF EAGLE, IDAHO, AND BFI WASTE SYSTEMS, INC., DATED
DECEMBER 15, 1998, THE ADDENDUM TO THE SOLID WASTE CONTRACT DATED DECEMBER 12, 2003, THE
SECOND ADDENDUM TO WASTE COLLECTION SERVICES CONTRACT APPROVED BY THE CITY OF EAGLE ON
AUGUST 9, 2005, AND THE CONSENT TO ASSIGNMENT TO ALLIED WASTE SERVICES OF NORTH AMERICA, LLC
APPROVED BY THE CITY OF EAGLE ON AUGUST 9, 2005, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO THAT:
SECTION l: The City of Eagle, Idaho (hereinafter called the "City") hereby grants to ALLIED WASTE SERVICES
OF NORTH AMERICA, LLC, a corporation, and to its successors and assigns (hereinafter called the "Grantee") the right,
privilege and franchise for a period of seven (7) years ending December 31, 2012, to engage in the business of collecting,
transporting, processing and disposing of solid waste kept or accumulated and placed for collection by households, multi-
family complexes and businesses within the corporate limits of the City, garbage collection systems and facilities for supplying
garbage collection services to the City, and the inhabitants thereof, and to persons and corporations beyond the limits of the
City, including the nonexclusive right to operate garbage collection facilities of the Grantee all subject to the terms and
conditions of the Waste Collection Services Contract between the City of Eagle, Idaho, and BFI Waste Systems, Inc.. dated
December 15, 1998, the Addendum to the Solid Waste Contract, dated December 12, 2003, and the Second Addendum to
Waste Collection Services Contract, approved by the City on August 9. 2005, attached hereto as Exhibits "A." "B," and "C,"
respectively, and by this reference fully incorporated herein.
SECTION 2: The Grantee shall assume the cost of publication of this franchise as such publication is required by law.
o : NkOTAi_r '
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wblished at
hat the said
1 in the said
of Meridian,
nterruptedly
I a period of
Ir to the first
t is attached
published in
ion 60-108,
time(s)
I paper, and
and not in a
Is published
swing dates:
9 -1.4.2fv-
DF IDAHO )
)SS
YOFADA )
ear of 2005
ly appeared
rnljrrrasvlr,`lihiowli'vrnidriosrott tb- .le the person
whose name is subscribed to the within instrument,
nd being by m rst duly sworn, declared that the
stat m)n ere'n ared acknowledged to me that
he executed the same.
}
31
otary Public for Idaho
Resi 2at .7 ID
My Commission expires:
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account:
o1 E+
Address: I - -Eat, tS Run Dates:
E°144 -TbV)11, IL
Identification:
SCANNED
RECEIVED & FILE®
CITY OF EAGLE
NOV 18 2005
Filo:
Route to-
cfrh j [ sa
l l-19 ios
Number Lines 1 1 Z Amount 90 , 1 /'
Attention: Other
Ordinance No. -824,52(p
1. •t -k-05
AN ORDINANCE IN ACCORDANCE WITH IDAHO CODE 50-329, 50-
329A, AND 50-344 GRANTING A FRANCHISE TO ALLIED WASTE SERVICES
OF NORTH AMERICA, LLC, A CORPORATION, AND TO ITS SUCCESSORS
AND ASSIGNS, TO OPERATE WITHIN THE CORPORATE LIMITS OF THE
CITY OF EAGLE, IDAHO, GARBAGE COLLECTION SYSTEMS AND FACILI-
TIES FOR SUPPLYING GARBAGE COLLECTION SERVICE TO THE CITY,
THE INHABITANTS THEREOF, AND OTHERS FORA TERM OF SEVEN YEARS 1
IN ACCORDANCE WITH THE WASTE COLLECTION SERVICES CONTRACT
BETWEEN THE CITY OF EAGLE, IDAHO, AND BFI WASTE SYSTEMS, INC.,
DATED DECEMBER 15, 1998, THE ADDENDUM TO THE SOLID WASTE
CONTRACT DATED DECEMBER 12, 2003, THE SECOND ADDENDUM TO
WATE COLLECTION SERVICES CONTRACT APPROVED BY THE CITY OF
EAGLE ON AUGUST 9, 2005, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE, IDAHO THAT:
SECTION 1: The City of Eagle, Idaho (hereinafter called the "City") hereby
grants to ALLIED WASTE SERVICES OF NORTH AMERICA, LLC, a corpora-
tion, and to its successors and assigns (hereinafter called the "Grantee") the right,
privilege and franchise for a period of seven (7) years ending December 31, 2012,
to engage in the business of collecting, transporting, processing and disposing of
solid waste kept or accumulated and placed for collection by households, multi-
family complexes and businesses within the corporate limits of the City, garbage
collection systems and facilities for supplying garbage collection services to the
City, and the inhabitants thereof, and to persons and corporations beyond the
limits of the City, including the nonexclusive right to operate garbage collection
facilities of the Grantee, all subject to the terms and conditions of the Waste
Collection Services Contract between the City of Eagle, Idaho, and BFI Waste
Systems, Inc., dated December 15, 1998, the Addendum to the Solid Waste Con-
tract, dated December 12, 2003, and the Second Addendum to Waste Collection
Services Contract, approved by the City on August 9, 2005, attached hereto as
Exhibits "A," "B", and "C," respectively, and by this reference fully incorporated
herein. (Note: The exhibits are available for review at Eagle City Hall, 310 E. State
Street, during regular business hours.)
SECTION 2: The Grantee shall assume the cost of publication of this fran-
chise, as such publication is required by law.
SECTION 3: The Grantee shall within thirty (30) days after final passage of
this ordinance file with the City Clerk its acceptance of this franchise in writing
signed by its proper officers and attested by its corporate seal.
SECTION 4: Inasmuch as the. Grantee now is maintaining and oeprating the
garbage collection systems and facilities in the City, it is hereby adjudged and
declared that this ordinance is necessary for the preservation of the public peace,
health and safety, and therefore this ordinance shall take effect upon its passage,
approval and publication.
PASSED AND ADOPTED by the Council of the City of Eagle, Idaho this
18th day of October 2005.
APPROVED by the Mayor of the City of Eagle, Idaho this 18th day of
October 2005.
Thomason, being duly sworn, deposes
d says: That he is the Principal Clerk of
rmes, a weekly newspaper published at
da County, State of Idaho; that the said
aper is in general circulation in the said
,+ of Ada, and in the vicinity of Meridian,
id Eagle, and has been uninterruptedly
ished in said County during a period of
ght consecutive weeks prior to the first
this notice, a copy of which is attached
:o, and that the notice was published in
nes, in conformity with Section 60-108,
Code, as amended, for ( time(s)
alar and entire issue of said paper, and
i in the newspaper proper, and not in a
ent; and that said notice was published
on thg following dates:
ning b vwvv, 1
/
9 vvw 1 y Lesb
STATE OF IDAHO )
)SS
COUNTY OF ADA)
_day of ` in the year of 2005
e, a Notary Public, personally appeared
)wn or identified to me to be the person
E is subscribed to the within instrument,
►y m r t duly sworn, declared that the
ar !i d acknowledged to me that
he executed the same.
Notary Public for Idaho
Res'din at Brise, ID
:ommission expires: 7,i/f/ i