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AN AMENDMENT TO CONTRACT REGARDING SOLID WASTE EXPORT SERVICES FOR MOSCOW, IDAHO, DATED 30 SEPTEMBER 1993 An Amendment to Contract Jl,egrding Solid Waste Export Services for Moscow, Idaho. dated 30 September 1993 effective !C f, l;;oo 3 by and between City Of Moscow, Idaho (hereinafter "City") and Waste Management of Washington, Inc. (hereinafter "WMI"). WITNESSETH: WHEREAS, City and WMI entered into a Contract Regarding Solid Waste Export Services for Moscow, Idaho, dated 30 September 1993 (hereinafter "Contract"), wherein WMI was given authority to operate the City's solid waste exporting services; and WHEREAS, the City Council finds it necessary to amend Contract to establish the base unit prices and to adopt an annual re-calculation of the base unit prices based upon the Consumer Price Index (hereinafter "CPI"); and WHEREAS, the City Council finds it to be in the best interest of the citizens of Moscow to modify the Contract by the following language hereinbelow; NOW THEREFORE, in consideration of the mutual covenants and agreements as set forth herein. City and WMI do hereby enter into this Amendment which substitutes language from the Contract Article VIIJ Services Fee and Contractor Compensation; 8.1 Calculation of Service Fee through with new language as included hereinbelow: Vlll.8.J.(b) Applicable Unit Prices. For Transportation and Disposal Service provided prior to October I, 2004 the base unit prices stated in Section 8.l(c) shall be used to calculate the Service Fee. For Transportation and Disposal Services provided on or after October I, 2004 the base unit prices shall be adjusted for changes in the CPI as provided in Section 8.1( d) and the adjusted base unit prices shall be used in calculating the Service Fee. Base Unit Prices. The base unit prices shall be the unit prices as of October I, 2003: Transport $14.20/ton and Disposal $24.50/ton. CPI Adjustment to Base Unit Prices. ( l ) Annual CPI Adjustment of Base Unit Prices. Base unit prices shall be adJUSted annually commencing on October 1, 2004 based on the percentage change in the Consumer Price Index in accordance with the following formula: AUP BUP x + (((CPJy/CPio) x Zx)) A UP = adjusted unit price BUP = base unit price CPiy CPI for year y where y = the current year, e.g., y 2004 for the first annual CPI adjustment to become effective October l, 2004. CPlo = CPT for 2003 CONTRACT REGARDING SOLID WASTE EXPORT SERVICES PAGE 1 OF 2 2003-53 ---PAGE BREAK--- Zx =price escalation adjustment for base unit price in percent which shall be as follows: Transport 80% Disposal 80% Change in CPI base Period. In the event the standard reference base period of the CPI is changed, the annual adjustment shall reflect the new base period in the first calendar the new base period is available. Any unresolved dispute regarding any other change in the definition or calculation of the CPI that materially affects the Service Fee under this Article shall be resolved by arbitration in accordance with Article 17 of the Contract IN WITNESS WHEREOF, City has caused this Amendment to Contract to be executed by City in accordance with a duly adopted Resolution authorizing the execution of this Amendment, and WMI has executed this Amendment on the day and year first above written. City Of Moscow ATTEST: STATE OF V1/,\<7t±1N V,:CON ) ) ss. County of Pll\!( ) Waste Management of Washington, Inc. Calvin R. Palmer, Division Vice President On this day of Nt:W£;.'\J , 2003, before me, a Notary Public in and for the State of 'w ttuJP. [pl.( , personally appeared Calvin R. Palmer, known to me to be the Market Area General Manager of Waste Management Incorporated of Washington, and acknowledged to me that he executed the foregoing Amendment to Solid Waste Franchise Agreement as a duly authorized representative for Waste Management Incorporated of Washington. tuvtitJ t?{uif Contract'WteM0tmgem1mlnc.SolidWasreExpolt20031pm CONTRACT REGARDING SOLID WASTE EXPORT SERVICES PAGE 2 OF 2