HomeMy WebLinkAbout74-008 P~SOLUTION 7~- ~
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR
TO EXECUTE A GARBAGE DISPOSAL AGREEMENT AND LEASE-
~U¥ AGP4~MENT FOR CITY GARBAG~ DISPOSAb PURPOSES.
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, In REGULAR SESSION
ASSEMBLED, DOES HEREBY RESOLVE:
Section 1. Pursuant to a certain call for bids for the
provision of contract garoage coAlection service in the City of Port
Townsend, the Mayor is here and hereby authorized and directed to
enter into a garbag= d~sppsal agreement, A TRUE AND EXACT COPY OF
WHICH IS HEREUNTO ANNEXED and by this reference incorporated herein
the same as though a part hereof.
Section 2. Pursuant to the aforesaid call for bids, the
Mayor is here and hereby authorized and directed to enter into a
lease-buy agreement or contract for the transfer and use of the
vehicles and equipment mentioned in the call for bids to the
Olympic Disposal, Inc., a Washington corporation, the successful
bidder.
ATTEST:
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Adopted December 17, 1974.
GARBAGE DISPOSAL AGREEMENT
THIS AGREEMENT, made and entered'.~into this /7~ day of
December, 1974, by and between the CITY OF PORT TOWNSEND, a municipal
corporation, hereinafter called "City," and OLYMPIC DISPOSAL, INC.,
a Washington corporation, hereinafter called "Olympic," WITNESSETH:
For and in consideration of the payments, agreements and
covenants hereinafter provided, the parties agree as follows:
1. Olympic shall collect, remove and dispose of all garbage
from residences and places of business in the City of Port Townsend,
Washington, in accordance with the provisions of the ordinances of
the City governing and regulating the collection and disposal of
garbage. Both parties here and hereby acknowledge that they are
familiar with the provisions of said ordinances.
2. Ail garbage 'collects, as hereinabove proVided, shall be
disposed of in accordance with the laws of the State of Washington,
and Olympic here and hereby assumes all responsibility for the
lawful disposal of such garbage, and agrees to thold the City
harmless from any liability for disposal arising from an act or
omission of Olympic.
3. -The City's utility department, under the direction 6f the
Clerk-Treasurer, shall provide the billing and collection services
for the garbage collection and disposal herein provided, and the
City shall remit all sums thus collected to Olympic, within thirty
(30) days of collection, less ten per cent (10%) which shall be
retained by the City as a collection fee.
4. The ~ompensation for Olympic shall be based on the existing
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City ordinances, and the rates therein provided. In the event that
Olympic shall request a rate change, and shall have the approval
of the State of Washington Public Service Commission for such rate
change, the City agrees to give good faith consideration to such
change.
5. The City's records pertaining to garbage collection shall be
open to Olympic at all times during regular business hours.
o. Olympic shall provide to the City a performance bond in the
sum of Fifty Thousand Dollars (~Su,uuu.uu), assuring the City of the
faithful performance of this contract throughout'the term, or
extension thereof, of this agreement as hereinbelow provided, and
said bond shall remain conti~uously effective.
7. Olympic shall pay all e~p~nse connected with the collection
and disposal of garbage herein provided, excepting only the
billing and money collections mentione~ in paragraph "3" hereof.
8. Olympic shall at all times be acting as an independent
contractor, ann agrees to assume all liability for property damage
and personal injury resulting from its operations and to hold harmless
the City from any liability thus arising, and further agrees to
continually keep in force liability insurance for its operation in
th= minimum sum of Ten Thousand Dollars ($10,U00.00) for property
damage, and Fifty Thousand Dollars ($50,000.u0) [one person]-One
Hundred Thousand Dollars ($100,00U.00) [multiple persons] bodily
injury coverage, and to provide the Clty with evidence of such
insurance coverage.
9. The term of this agreement shall be for a period of six (6)
years from January 1, 1975, and said agreement and the services
therein provided for shall likewise commence on January 1, 1975.
At the end of said term, th~ parties agree that Olympic shall, upon
si~ months written notice of its election,, have the right to renew
this agreement upon such terms as may be agreeable to both parties
at that time.
10. Olympic agrees to collect the contents of not more than
fifty (50) City-ownea litter barrels, without charge to the City,
and to provide emergency picK-up service, but such emergency service
shall be chargea at the normal rates.
11. Olympic agrees to conform to all applicable State, County,
Federal, City and other governmental regulations and laws pertaining
to its business-operations, its equipment aha i%s employees.
12. Concurrently h~rewith, the parties have executed an
agreement, or agreements, for the sage and purchase of certain
vehicles and equipment from the City to Olympic; any breach of the
terms of the agreements of sal~ of saia equipment shall constitute
a breach hereof, and b~each hereof shall constitute a breach of
such vehicle and equipment sales agreement or agreements~ or leases.
IN WITNESS WHEREOF, the parties have cause~ thes~ presents to
be executea~ Dy their authorize~ officers this _~7~ daY of December,
1~75.
ATTEST:
ATTEST:
Secretary
CITY ~ORT TOWNSEND
O~.YMPIC DISPOSAL, INC.
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President