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Resolution - 2025 - 25-08 - Hardin Sanitation Franchise Agreement Addendum No. 2 - 04/22/2025CITY OF EAGLE RESOLUTION 25-08 A Resolution Of The City Of Eagle, Ada County, Idaho, Approving And Authorizing The Execution Of Addendum No. 2 To The Exclusive Franchise Agreement Between The City Of Eagle, Idaho And Hardin Sanitation, Authorizing The Mayor To Sign; And Providing An Effective Date. WHEREAS, the City of Eagle City Council is authorized and empowered to enter into contracts; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho, as follows: Section 1: That the City of Eagle hereby approves Addendum I to the Exclusive Franchise Agreement between the City of Eagle and Hardin Sanitation, a copy of which is attached as Exhibit A incorporated by reference herein; Section 2: That the City of Eagle, a political subdivision of the State of Idaho, as agreed to by the City Council, authorizes and directs the Mayor to execute Addendum 2 as identified in Exhibit A. Section 3: That this Resolution shall be effective as of the date of its adoption. hd ADOPTED by the Eagle City Council, Eagle Idaho, on this7 day of April 2025. 0Iij" eo� BRAD PIKE MAYOR JATEST* .•'••>C�.O OF F_q L 1 0 •. tt TRAC OSBORN CMC - ' t SEAL CITY 91ERK J '•: , ,, �;c Of �I�P•,`• Page 1 of 6 EXHIBIT A ADDENDUM II EXCLUSIVE FRANCHISE AGREEMENT FOR THE COLLECTION, HAULING AND DISPOSAL OF MUNICIPAL SOLID WASTE AND CONSTRUCTION AND DEMOLITION WASTE IN THE CITY OF EAGLE, IDAHO Adopted Resolution 25-08 Insert date Page 2 of 6 SECOND ADDENDUM TO EXCLUSIVE FRANCHISE AGREEMENT FOR THE COLLECTION, HAULING AND DISPOSAL OF MUNICIPAL SOLID WASTE AND CONSTRUCTION AND DEMOLITION WASTE IN THE CITY OF EAGLE, IDAHO THIS SECOND ADDENDUM TO THE EXCLUSIVE FRANCHISE AGREEMENT ("Second Addendum") is made between the CITY OF EAGLE IDAHO, a municipal corporation of the State of Idaho, ("City") and HARDIN SANITATION (the "Service Provider") WHEREAS, the exclusive franchise agreement was entered into on August 9, 2022, effective January 1, 2023; and WHEREAS, the first addendum was approved on March 14, 2023; and WHEREAS, the City and the Service Provide further desire to modify the agreement the agreement; NOW THEREFORE, the parties, in consideration of the promises contained herein, agree as follows Section 1: Amending Section of the franchise agreement, as follows with added text indicated with underline and text to be removed indicated with strike-thru. SECTION 1. DEFINED TERMS: Overage — Any items that are out, above, over, on top of, near or next to a level full container shall be considered an overage. Front -Load Container - A Container with three (3), six 6 or eight (8) cubic yards capacity. SECTION 4: SINGLE-FAMILY RESIDENTIAL UNIT COLLECTION. A. Single -Family Residential Units. The Service Provider will collect Municipal Solid Waste from Single -Family Residential Units on a regular schedule of once per week; provided, that (i) such Municipal Solid Waste is placed in Roll -Out Containers provided by Service Provider and up to ten (10) additional Bags, and Bundles , and (ii) such Containers, Bags and Bundles are placed within five (5) feet of the curbside or right of way adjacent to the Single -Family Residential Unit no later than 6:00 a.m. on the scheduled collection day. e, 50per- additional bag ,,.anion,, Bag, Bundle. Single -Family Residential Units may utilize an Page 3 of 6 unlimited number of Roll -Out Containers at no extra cost for service, subject to the additional cart fee each Roll -Out Container as reflected in the approved fee resolution. Single -Family Residential Units must pay an additional fee, as reflected in the approved fee resolution, for each Bag_or Bundle, up to ten (10) total. B. Excess or Misplaced Municipal Solid Waste. The Service Provider shall collect all Municipal Solid Waste placed within the Roll -Out Containers provided by the Service Provider. The Service Provider shall collect ; up to ten (10) additional Bags, and Bundles per each Single - Family Residential Unit. An additional fee, as reflected in the approved fee resolution, for each Bag or Bundle, up to ten (10) total will apply. The Service Provider will not be required to provide Service when Containers, Bags or Bundles are improperly filled, overflowing,_ located near cars, mailboxes, or other obstructions in a way that the Service Provider reasonably determines creates an unsafe condition that could cause damage to property or injury to persons. Eaeh addiliona SECTION 5. COMMERCIAL, INDUSTRIAL, AND MULTI -FAMILY RESIDENTIAL UNIT COLLECTIONS. A. The Service Provider will collect Municipal Solid Waste from Commercial, Industrial, and Multi -Family Residential Units at least once per week, as provided for in this Agreement and for the compensation set forth in —in the approved fee resolution &� ibit ^ a4ae e here* Md to by refer-e The Service Provider shall only be responsible for collecting, hauling, and disposing of Municipal Solid Waste placed inside the Front -Load or Roll -Off Containers provided by the Service Provider. However, the Service Provider shall offer Commercial, Industrial, and Multi -Family Residential Units to increase or decrease, as necessary, the frequency of collections and the sizes or numbers of Front -Load or Roll -Off Containers so that Municipal Solid Waste at Commercial, Industrial, and Multi -Family Residential Units will be properly managed. The Service Provider shall be compensated for these additional Services as for- in Exhibit " aftaehed hereto and ineer-pef:a4ed by reference as identified in the approved fee resolution B. Excess or Misplaced Municipal Solid Waste. The Service Provider shall collect all Municipal Solid Waste placed within the Front -Load or Roll -Off Containers provided by the Service Provider. The Service Provider will not be required to provide Service when Front -Load or Roll - Page 4 of 6 Off Containers are improperly filled, overflowing, located near cars, mailboxes, or other obstructions in a way that the Service Provider reasonably determines creates an unsafe condition that could cause damage to propelly or injury to persons. Front -Load Containers or Roll -Off Containers that are overfilled shall be subject to additional fees pursuant to the approved fee :resolution. SECTION 6. SPECIAL COLLECTIONS AND SERVICES A. City Facilities. At no cost to the City, the Service Provider will provide the following services at the following City -owned or operated facilities: • Eagle City Hall: 660 E Civic Lane Eagle, ID • -Stephen C. Guerber Park: 2200 Hill Road • Reid W. Merrill, Sr. Community Park 637 E. Shore Dr. • Ada/Eagle Sports Complex Old Horseshoe Bend Rd. and E. Greenbrook St. • Eagle Public Library: 100 N Stierman Way • Eagle Senior Center: 312 E. State St. • Eagle Municipal Shop, 4490 N. Highway 16, or current location B. Leaf Collection. At no additional cost, Service Provider will collect leaves from customers, provided that leaves are properly bagged in brown Kraft bags or similar biodegradable bags, , on the standard collection day for a period of four (4) weeks beginning on October 15th- of each year, or such other time as mutually agreed upon by the Service Provider and City. Each Single -Family Residential customer may_place up to ten (10) Kraft bags of leaves for collection at no additional cost. Any additional bags of leaves are subject to an additional charge pursuant to the approved fee resolution. E. Bottle -Special Drop -Off Containers. Service Provider shall provide Roll -Off containers Containers for glass and/or plant a bet4le dispes4' ether materials upon the request of the City and mutually agreed upon by the Service Provider and the City; provided however, such specialty Drop -Off Containers shall not be used for the disposal of any Excluded Waste or Hazardous Waste. at Eagle City Hall, upon request of the City. H. Spring Clean Up/Unlimited Trash Service Week. Service Provider will provide Unlimited Trash Service the first full week of April each year at no additional cost regardless of Customer's service level. Unlimited Trash Service shall consist of collecting extra trash, recyclables, closed Page 5 of 6 bags weighing thirty-five (35) pounds or less and tied bundles of tree limbs, carpet, vinyl etc. measuring four (4) feet or smaller and weighing sixty 60)-pounds or less. During the Unlimited Trash Service week, Service Provider will collect large or bulk items delivered by Customers to a location designated by the City at no additional cost, excluding Excluded Waste, Hazardous Waste, items containing freon, commercial waste and Construction and Demolition Waste. SECTION 16. HOURS OF SERVICE. For all the Services provided hereunder, the Service Provider's hours of service shall be between 7:00 a.m. to 7:00 p.m., Monday through Friday. The Service Provider will not be required to provide service on weekends or Holidays, and may, in its sole discretion, observe Holidays during the term of this Agreement; provided, however, that the Service Provider shall provide such Services on the Business Day immediately following the Holiday. Section 2: Continuing effect: Except as otherwise allowed, all terms and provisions of the original agreement, shall remain in full force and effect, unless specific action of the Council has been undertaken. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date set forth below. DATED this day of April, 2025. SERVICE PROVIDER: CITY: HARDIN SANITATATION, INC. EAGLE, IDAHO By:_ Its:_ Name: By:_ Its:_ Name: ATTEST: By: _ Name: Title: Page 6 of 6 ADDENDUM II EXCLUSIVE FRANCHISE AGREEMENT FOR THE COLLECTION, HAULING AND DISPOSAL OF MUNICIPAL SOLID WASTE AND CONSTRUCTION AND DEMOLITION WASTE IN THE CITY OF EAGLE, IDAHO Adopted Resolution 25-08 April 22, 2025 Page 1 of 5 SECOND ADDENDUM TO EXCLUSIVE FRANCHISE AGREEMENT FOR THE COLLECTION, HAULING AND DISPOSAL OF MUNICIPAL SOLID WASTE AND CONSTRUCTION AND DEMOLITION WASTE IN THE CITY OF EAGLE, IDAHO THIS SECOND ADDENDUM TO THE EXCLUSIVE FRANCHISE AGREEMENT ("Second Addendum") is made between the CITY OF EAGLE IDAHO, a municipal corporation of the State of Idaho, ("City") and HARDIN SANITATION (the "Service Provider"). WHEREAS, the exclusive franchise agreement was entered into on August 9, 2022, effective January 1, 2023; and WHEREAS, the first addendum was approved on March 14, 2023; and WHEREAS, the City and the Service Provide further desire to modify the agreement the agreement; NOW THEREFORE, the parties, in consideration of the promises contained herein, agree as follows Section 1: Amending Section of the franchise agreement, as follows with added text indicated with underline and text to be removed indicated with strike-thru. SECTION 1. DEFINED TERMS: Overage — Any items that are out, above, over, on top of, near or next to a level full container shall be considered an overage. Front -Load Container - A Container with three (3), six (6) or eight (8) cubic yards capacity. SECTION 4: SINGLE-FAMILY RESIDENTIAL UNIT COLLECTION. A. Single -Family Residential Units. The Service Provider will collect Municipal Solid Waste from Single -Family Residential Units on a regular schedule of once per week; provided, that (i) such Municipal Solid Waste is placed in Roll -Out Containers provided by Service Provider and up to ten (10) additional Bags, and Bundles, and (ii) such Containers, Bags and Bundles are placed within five (5) feet of the curbside or right of way adjacent to the Single -Family Residential Unit no later than 6:00 a.m. on the scheduled collection day Single -Family Residential Units may utilize an unlimited number of Roll -Out Containers at no extra cost for service, subject to the additional Page 2 of 5 cart fee each Roll -Out Container as reflected in the approved fee resolution. Single -Family Residential Units must pay an additional fee, as reflected in the approved fee resolution, for each Bag or Bundle, up to ten (10) total. B. Excess or Misplaced Municipal Solid Waste. The Service Provider shall collect all Municipal Solid Waste placed within the Roll -Out Containers provided by the Service Provider. The Service Provider shall collect up to ten (10) additional Bags, and Bundles per each Single - Family Residential Unit. An additional fee, as reflected in the approved fee resolution, for each Bag or Bundle, up to ten (10) total will apply. The Service Provider will not be required to provide Service when Containers, Bags or Bundles are improperly filled, overflowing, located near cars, mailboxes, or other obstructions in a way that the Service Provider reasonably determines creates an unsafe condition that could cause damage to property or injury to persons SECTION 5. COMMERCIAL, INDUSTRIAL, AND MULTI -FAMILY RESIDENTIAL UNIT COLLECTIONS. A. The Service Provider will collect Municipal Solid Waste from Commercial, Industrial, and Multi -Family Residential Units at least once per week, as provided for in this Agreement and for the compensation set forth in the approved fee resolution . The Service Provider shall only be responsible for collecting, hauling, and disposing of Municipal Solid Waste placed inside the Front -Load or Roll -Off Containers provided by the Service Provider. However, the Service Provider shall offer Commercial, Industrial, and Multi -Family Residential Units to increase or decrease, as necessary, the frequency of collections and the sizes or numbers of Front -Load or Roll -Off Containers so that Municipal Solid Waste at Commercial, Industrial, and Multi -Family Residential Units will be properly managed. The Service Provider shall be compensated for these additional Services as identified in the approved fee resolution B. Excess or Misplaced Municipal Solid Waste. The Service Provider shall collect all Municipal Solid Waste placed within the Front -Load or Roll -Off Containers provided by the Service Provider. The Service Provider will not be required to provide Service when Front -Load or Roll - Off Containers are improperly filled, overflowing, located near cars, mailboxes, or other obstructions in a way that the Service Provider reasonably determines creates an unsafe condition that could cause damage to property or injury to persons. Front -Load Containers or Roll -Off Page 3 of 5 Containers that are overfilled shall be subject to additional fees pursuant to the approved fee resolution. SECTION 6. SPECIAL COLLECTIONS AND SERVICES A. City Facilities. At no cost to the City, the Service Provider will provide the following services at the following City -owned or operated facilities: • Eagle City Hall: 660 E Civic Lane Eagle, ID • Stephen C. Guerber Park: 2200 Hill Road • Reid W. Merrill, Sr. Community Park 637 E. Shore Dr. • Ada/Eagle Sports Complex Old Horseshoe Bend Rd. and E. Greenbrook St. • Eagle Public Library: 100 N Stierman Way • Eagle Senior Center: 312 E. State St. • Eagle Municipal Shop, 4490 N. Highway 16, or current location B. Leaf Collection. At no additional cost, Service Provider will collect leaves from customers, provided that leaves are properly bagged in brown Kraft bags or similar biodegradable bags, , on the standard collection day for a period of four (4) weeks beginning on October 15t' of each year, or such other time as mutually agreed upon by the Service Provider and City. Each Single -Family Residential customer may place up to ten (10) Kraft bags of leaves for collection at no additional cost. Any additional bags of leaves are subject to an additional charge pursuant to the approved fee resolution. E. Specially Drop -Off Containers. Service Provider shall provide Roll -Off Containers for glass and/or other materials upon the request of the City and mutually agreed upon by the Service Provider and the City; provided however, such specialty Drop -Off Containers shall not be used for the disposal of any Excluded Waste or Hazardous Waste. at Eagle City Hall, upon request of the City. H. Spring Clean Up/Unlimited Trash Service Week. Service Provider will provide Unlimited Trash Service the first full week of April each year at no additional cost regardless of Customer's service level. Unlimited Trash Service shall consist of collecting extra trash, recyclables, closed bags weighing thirty-five (35) pounds or less and tied bundles of tree limbs, carpet, vinyl etc. measuring four (4) feet or smaller and weighing sixty (60)pounds or less. Page 4 of 5 During the Unlimited Trash Service week, Service Provider will collect large or bulk items delivered by Customers to a location designated by the City at no additional cost, excluding Excluded Waste, Hazardous Waste, items containing freon, commercial waste and Construction and Demolition Waste. SECTION 16. HOURS OF SERVICE. For all the Services provided hereunder, the Service Provider's hours of service shall be between 7:00 a.m. to 7:00 p.m., Monday through Friday. The Service Provider will not be required to provide service on weekends or Holidays, and may, in its sole discretion, observe Holidays during the term of this Agreement; provided, however, that the Service Provider shall provide such Services on the Business Day immediately following the Holiday. Section 2: Continuing effect: Except as otherwise allowed, all terms and provisions of the original agreement, shall remain in full force and effect, unless specific action of the Council has been undertaken. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date set forth below. DATED this 22"d day of April, 2025. SERVICE PROVIDER: HARDIN SANITATATION, INC. By:-�- Its: /Jim /GTMNiF 6�1L Name: At" Fhi4e&EE e CITY: EAGLE, IDAHO ATTEST: By. Name: Title: 4` �' �'i-► (� ��......,,�G��%-. 0'L SEAL.. • Zo ;rtxrti�kn�»N O.: Page 5 of 5 rrrr'rrunr����,