HomeMy WebLinkAboutCoast Waste Management / McDougal Sanitation; 1980-04-02;AGREEMENT
This agreement made this 2nd day of April, 1980, between
COSTA REAL MUNICIPAL WATER DISTRICT,.a municipal water district or-
ganized and operating under the Municipal Water District Act of 1911,
as amended, hereinafter for convenience referred to as "DISTRICT" ,
and McDOUGAL SANITATION, INC., a California corporation, now doing
business as COAST WASTE MANAGEMENT , hereinafter for convenience re-
f erred to as "COAST".
Recitals
1. COAST is engaged in the business of col
posal of garbage, waste, refuse and rubbish.
ect on and dis-
2. COAST has exclusive right to the collection and disposal
of refuse within the city limits of the CITY OF CARLSBAD.
3. Under the present agreement between COAST and CITY OF
CARLSBAD, hereinafter for convenience referred to as "CITY" , the CITY
handles all of the billings and normal collections for COAST for cus-
tomers regularly billed by the CITY for water and sewer use.
5. DISTRICT serves water, bills and collects for water
served to customers within the city limits of CARLSBAD within an area
known as the DISTRICT retail water service area.
6. COAST would like to work out an agreement wherein DIS-
TRICT would bill and collect for services of COAST to customers of
COAST located within the DISTRICT retail water service area, under
certain terms and conditions.
7. DISTRICT is willing to bill and collect for services of
COAST to customers of COAST located within the DISTRICT retail water
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service area, under certain terms and conditions.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. DISTRICT agrees to act as billing agent for COAST for
customers of COAST, who are also water customers of DISTRICT. DIS-
TRICT shall bill for the charges of DISTRICT and COAST, indicating
on its billing statement that DISTRICT is acting as billing and col-
lection agent for COAST. Such COAST billings shall be placed on the
water bills of DISTRICT customers, prepared and mailed by DISTRICT,
indicating the charge of COAST as an individual amount.
2. COAST agrees to furnish to DISTRICT, in sufficient time
prior to each billing by DISTRICT of the water charges to DISTRICT
customers, the charges for each of COAST customers that are to be
billed by DISTRICT. DISTRICT may rely on the billing information
furnished by COAST and shall have no responsibility or liability to
determine the validity of such billing information.
3. DISTRICT agrees to collect any funds for COAST submitted
by the customers of COAST to DISTRICT and to submit such funds to
COAST at regular convenient intervals. DISTRICT shall have no res-
ponsibility to collect the funds due to COAST from DISTRICT water
customers.
4. DISTRICT shall have the right to refuse to handle any
billings or collections on any of COAST accounts, which, in the opin-
ion of DISTRICT, would be difficult or inconvenient to handle through
DISTRICT’S billing and collection system.
5. COAST agrees to pay to DISTRICT, upon demand, any costs
to DISTRICT for the services performed by DISTRICT on behalf of COAST.
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Such costs shall include any costs connected with services supplied by
DISTRICT for COAST in reference to billing of accounts of COAST and
collection and disbursement of funds for COAST. Such costs shall be
determined solely by DISTRICT.
6. Each party shall have the right, during normal business
hours, to inspect each other's records concerning all services,
charges, collections, disbursements and expenses related to or charged
to the billing and collection services of DISTRICT for COAST.
7. In the performance of the work, duties and obligations
under this agreement, it is mutually understood and agreed that both
parties are at all times acting and performing as independent contrac-
tors, and neither this agreement nor operation of this agreement shall
constitute a partnership between the parties. The sole interest and
responsibility of DISTRICT is to assist in developing a program that
will be a more efficient and economical method of billing and payment
for DISTRICT water customers.
8. COAST shall hold DISTRICT free and harmless from any
loss, damage, liability, costs or expenses connected with the billing
and collection service of DISTRICT for COAST.
9. This agreement shall remain in effect for one (1) year,
and shall thereafter be automatically renewed for one (1) year
periods, unless one of the parties shall be given a sixty (60) day
written notice by the other party of cancellation and termination of
the agreement prior to the termination of the one (1) year term then
in effect. Upon the expiration of the term of this agreement, after
due notice as provided herein, this agreement shall be and become of
no further force or effect whatsoever, and each of the parties
involved shall be relieved and discharged therefrom.
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10. Any notice to be given hereby shall be deposited in the
United States mail, within City of Carlsbad, California, duly
registered or certified, with return receipt requested, with postage
thereon prepaid, and addressed to the party for which intended, at the
following address, or to such other address as the parties may
hereafter designate in writing to each other:
DISTRICT: Board of Directors Costa Real Municipal Water District
5950 El Camino Real Carlsbad, California 92008
COAST : Coast Waste Management 7204 Ponto Drive
Carlsbad, California 92008
11. This agreement is specifically made by DISTRICT with
COAST’S present owner, ARIE de JONG.
the right to assign this agreement to anyone, including but not
limited to, any new owner or any management firm operating COAST for
MR. de JONG, without the express written consent of DISTRICT.
MR. ARIE de JONG shall not have
IN WITNESS WHEREOF, the parties have executed this agreement
as of the day and year first above written.
DISTRICT COAST
COSTA REAL MUNICIPAL WATER DISTRICT MCDOUGAL SANITATION, INC.,
A California Corporation
Doing Business AS
DONALD A. MacLEOD
COAST WASTE MANAGEMENT/” /R
President
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BY MARGARET A. BONAS
Secretary
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