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C I T Y 0 F MOS C O W S 0 L I D W A S T E F R A N C H I S E A G R E E M E N T M-I-93 CPI AMENDHEN't EXHIBIT I FEE SCHEDULE START DATE OF AMENDMENT: October 1, 2001 START DATE OF AGREEMENT: October 1, 1993 END DATE OF AGREEMENT: September 30, 2003 2001-56 ---PAGE BREAK--- CITY OF MOSCOW SOLID WASTE FRANCHISE AGREEMENT AMENDMENT EXHIBIT I - FEE SCHEDULE EFFECTIVE DATE - OCTOBER 1, 2001 = AMENDMENT TO SOLID WASTE FRANCHISE AGREEMENT, effective October 1, 2001, by and between the City of Moscow, hereinafter referred to as "City" and Latah Sanitation, Inc., hereinafter referred to as "Franchisee." WITNESSETH: WHEREAS, City and Franchisee entered into a Solid Waste Franchise Agreement effective October 1, 1993, wherein Franchisee was given authority to operate the City Solid Waste Collection System; and WHEREAS, the City Council finds it necessary to amend Exhibit I to the Solid Waste Franchise Agreement for Collection of Solid Waste in accordance with the terms and conditions of said franchise awarded to Latah Sanitation, Inc; and WHEREAS, the City Council finds it to be in the best interests of the citizens of Moscow to modify the rates to be paid Franchisee as required in Exhibit A Solid Waste Franchise Agreement, General Specifications, Section 19.2; and WHEREAS, the City Council finds that such modification is appropriate and desirable to ensure the continuation of an efficient system for the collection of solid waste within the City of Moscow. NOW THEREFORE, in consideration of the mutual covenants and Agreements as herein set forth, City and Franchisee do hereby enter into this Amendment to Solid Waste Franchise Agreement: 1. Original Agreement: Those terms in the original Solid Waste Franchise Agreement entered into between City and Franchisee effective October 1, 1993, and as amended from time to time, which are not modified, added to or deleted in this Amendment to Solid Waste Franchise Agreement shall continue to be in full force and effect and shall continue to be binding upon and enforceable between the parties hereto. 2. Exhibit I: Exhibit I, Fee Schedule, to said Agreement is hereby superseded and replaced by the amended Exhibit I attached hereto. 3. Annual Modification to Fees: As provided in Exhibit A: Section 19.2: a: Modification to Fees, City shall increase all applicable reimbursement amounts to Franchisee 2.72% on October 1, 2001. Amended Exhibit I-Solid Waste Franchise Agreement October 1, 2001 ---PAGE BREAK--- IN WITNESS WHEREOF, City has caused this Amendment to Agreement to be executed by City in accordance with a duly adopted Resolution authorizing the execution of this Amendment to Solid Waste Franchise Agreement, and Franchisee has executed this Solid Waste Franchise Amendment to Solid Waste Franchise Agreement on the day and year first above written. CITY OF MOSCOW ATTEST: LATAH SANITATION, INC. ATTEST: STATE OF IDAHO ) ) ss. County of Latah ) BY THE CITY OF MOSCOW k President: Dia K. Johnson On this I day of Smbvv , before me, a Notary Public in and for the State of !dan , personally appeared Chr1stine Ba1nbridqe and Marshall H. Comstock, known to me to be the City Clerk and Mayor of the City of Moscow, and acknowledged to me that Agreement on behalf of the City of Moscow. ,,,,nTÏt111 _ _ _ ' <Î . . , . • . * 'tOTAR) · Ë + they executed the foregoing Amended Exhibit !-Solid Waste Franchise Agreement October 1, ( ---PAGE BREAK--- STATE OF IDAHO ) ) ss. County of Latah ) On this JS"t day of 0-uasf , 2001, before me, a Notary Public in and for the State of Idaho personally appeared Joe P. Johnson and Diane K. Johnson, known to me to be the Secretary and President of Latah Sanitation, Inc., and acknowledged to me that they executed the foregoing Agreement on behalf of Latah Sanitation, Inc. r Public for the State of Idaho · ing at /0 Commission Expires ' q ]-oq Amended Exhibit I-Solid Waste Franchise Agreement October 1, ( ---PAGE BREAK--- SOLID WASTE FRANCHISE AGREEMENT AMENDMENT EXHIBIT I - FEE SCHEDULE EFFECTIVE DATE: OCTOBER 1, 2001 SECTION 1.0 ADJUSTMENTS INCLUDED IN EXHIBIT I 1. 1 Reimbursement: The City agrees to pay Franchisee the amounts shown herein for Solid Waste Services performed pursuant to this Agreement. 1.2 Fees: Exhibit I does not include billing or other City Fees. These fees are included in the actual rates charged to the generator. 1.3 Franchise Fee: A 5% Franchise Fee is included in Exhibit I, except where indicated. 2.1 SECTION 2.0 RATES FOR EACH RESIDENTIAL UNIT Individual Residential Units: Per Month ea. unit Includes mobile homes, duplexes, and apartments units. $6.10 2.2 Carry-Out Service: Per Month A. Outside of Building: Two Bags or Manual Containers ea. unit $8.33 B. Inside of Building: Two Bags or Manual Containers ea. unit $9.47 C. Containers shall not be more than two (2 ) non-returnable plastic bags or, two manual containers. Manual containers shall be returned curbside. D. Each carryout service producer shall provide the Franchisee with reasonably safe access to their solid waste container. 2.3 Over Service Level: Per Manual Contained, Bag or Equivalent ea. bag $3.16 = 2.4 Residential Units utilizing mechanical or compactor containers shall be billed at the business rate for such containers. Amended Exhibit !-Solid Waste Franchise Agreement October 1, 2001 ---PAGE BREAK--- SECTION 3.0 RATES FOR BUSINESS UNITS USING MANUAL CONTAINERS 3.1 Loose Yardage on Ground (not fault of Franchisee) per cu.yd. $5.62 3.2 Manual Container Rates: Per Month # Manual TIMES PER WEEK Containers 1 2 3 4 5 1 6.10 = 2 6.10 13.34 = 20.55 26.66 34.98 3 9.73 20.55 31.35 42.17 52.97 = 4 13.34 27.81 42.17 56.57 70.92 5 16.92 34.98 52.97 70.99 89.05 6 20,56 42.17 63.81 85.46 107.05 3.3 Businesses using manual containers shall identify their containers by name and address or by using the City account number. 4.1 SECTION 4.0 RATES FOR RECYCLING MOBILE CONTAINERS (RMC) Rental Rates: 6 Yard Container Rental Sales Tax on Rental 10.5 Yard Container Rental Sales Tax on Rental 12 Yard Container Rental Sales Tax on Rental Per Month Per Month Per Month 37.31 1.87 = 56.99 66.60 3.33 = 4.2 Generator shall pay any disposal or access fees at Moscow Recycling Center. 4. 3 Generator will sort, separate and bundle or bag recyclable i terns, before placing in RMC. The generator will keep all other solid waste out of RMC. 4.4 Types of Services: A. Franchisee Services/Value of Recycled Materials Retained by Franchisee: 1) RMC hauled, emptied and exchanged by Franchisee 2) No reimbursement for recyclable materials to customer 3) On-call service with 24-hour notice 4) Rate per haul and exchange 30.34 Amended Exhibit !-Solid Waste Franchise Agreement October 1, 2001 ---PAGE BREAK--- 5.1 5.2 5.3 B. c. Franchisee Services/Value of Recycled Materials Retained by Customer: 1) RMC hauled, emptied and exchanged by Franchisee 2) Reimbursement at the current rate for recyclable materials to customer, providing there is no contamination from unacceptable items 3) On-call service with 24-hour notice 4) Rate per haul and exchange: 36.46 Customer Service/Value of Recycled Materials Retained by Customer: 1) RMC hauled, emptied and exchanged by customer 2) Reimbursement at the current rate for recyclable materials to customer 3) Rate per haul and exchange 0.00 SECTION 5.0 RATES FOR MECHANICAL CONTAINERS Mechanical Container Rates Per Month: Cont Sales Times Per Week Size Rental + Tax + 1 2 3 4 5 1 yd. 4.33 .22 18.21 36.41 54.56 72.16 90.84 2 yds. 4.97 .25 30.47 60.91 91.36 121.82 152.21 3 yds. 9.36 .47 42.20 84.44 126.61 168.82 211.00 = 4 yds. 10.21 .51 54.39 108.78 163.18 217.56 271.96 6 yds. 13.46 & 77.32 154.56 231.86 309.11 386.37 8 yds. 16.71 .84 100.37 200.62 300.64 400.91 500.45 = Extra Service for Mechanical Containers with 24-Hour Notice ea. dump 21.92 Temporary (Less than two months) Placement or Removal of a Mechanical Container ea. move 28.69 Amended Exhibit !-Solid Waste Franchise Agreement October 1, 2001 = ---PAGE BREAK--- SECTION 6.0 RATES FOR SPECIAL SERVICES 6.1 Special Hauls with pickup Truck: On Day of Service From Landfill to City Ea. 15 min. after first 60 min. 6.2 Special Hauls with Packer Truck: On Day of Service From Landfill to City Ea. 15 min. after first 60 min. 6.3 Special Services with Roll-Off Truck: Large Container Service: 0-15 min. 0-60 min. 0-15 min. 0-60 min. *Rental rate for one time or exchange service and rental rate per day after first 5 working days Cont. Size Rental 22 yd. 6.72 = 30 yd. 9.14 = Sales Tax .34 = .46 Delivery 62.39 62.39 Exchange Pickup 62.39 62.39 62.39 62.39 Additional Large Container Service for City Facilities: Includes City special services such as yard waste program at Moscow Recycling Center. 45 yd. N/A N/A Compactor Service: Service Loose Yardage Compacted Yardage 62.39 62.39 Per Haul Per Yard Per Yard 62.39 22.62 45.25 11.31 40.00 80.01 20.05 124.77 5.58 5.97 6.4 Dead Animals: Special Haul rates shall be charged for collection and disposal of dead animals. 6.5 Service: Arrangements for Special Hauls shall be made with Franchisee. 6. 6 Special Waste: The rates for hazardous waste and infectious and potentially harmful waste, will include time, equipment, materials, franchise fee, billing fee and disposal fees. Amended Exhibit !-Solid Waste Franchise Agreement October 1, 2001 ---PAGE BREAK--- SECTION 7.0 FRANCHISEE REIMBURSEMENT FOR OPERATION OF SOLID WASTE PROCESSING FACILITY FRANCHISE FEE OF 5% DOES NOT APPLY TO FEES IN SECTION 7. 7.1 Solid Waste Processing Facility Operational Franchisee Reimbursement Per Year 350,439.22 Per Month 29,203.27 7.2 Refrigerator/freezer and other door removal Per Door 5.69 = 7.3 Asbestos Handling Fee 65.78 7.4 If annual tonnage exceeds 115% of the base annual tonnage of 28, 000 tons in a contract year, Franchisee shall receive additional compensation. *Per Addl Ton *11.10 *Annual Modification to fees in Exhibit A: Section 19.0 does not apply to the fee in Section 7.4. 7. 5 Miscellaneous Franchisee Reimbursement as provided in Exhibit C, 3.0.c. 7.6 Excavation for N-MSW Per Ton SECTION 8.0 FRANCHISEE REIMBURSEMENT FOR OPERATION OF MOSCOW RECYCLING CENTER FRANCHISE FEE OF 5% DOES NOT APPLY TO FEES IN SECTION 8. 8.1 Annual Volume in Tons Compensation Per Ton 0 - 1500 Tons 39.69 1501 - 2000 Tons 34.04 2001 - 2500 Tons 28.36 2501 - 3000 Tons 22.67 In Excess of 3000 Tons 17.02 Amended Exhibit I-Solid Waste Franchise Agreement October 1, 2001 = ---PAGE BREAK--- KBI INSURANCE, INC. P.O. BOX 888 TUALATIN, OR 97062 (503)692-1520 LATAH SANITATION, INC. P.O. BOX 8036 MOSCOW, ID 83843 X OCCUR WORKER'S COMPENSATION AND ElolPf.OYEIIS' IJABIUTY OF MOSCOW BOX 9203 ID 83843 POUCY NUMBER RF 2020947-2 RF 2020947-2 COMPANIES AFFORDING COVERAGE COMPANY A WESTPORT INSURANCE CO. lE11Ef1 COMPANY B lE11Ef1 COMPANY c lE11Ef1 COMPANY D lE11Ef1 E : POLICY EFFECTIVE . DATE (MMJDONY) GENERAL AGGREGATE 7/01/01 07/01/ 7 /01/01 07 I 01/ 02 BODLY INJURY · (Per peroon) $ EXPIRATION DATE THEREOf, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _2.Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR UABIUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ---PAGE BREAK--- KBI INSURANCE, INC. P.O. BOX 888 ?UALATIN, OR 97062 (503)692-1520 INSURED LATAH SANITATION, INC. P.O. BOX 8036 MOSCOW, ID 83843 COMPANY LrnER COMPANY LrnER COMPANY LrnER COMPANY LETTER COMPANY LrnER A B c D E . 08/02/2001 A MATTER OF INFORMATION ONLY ANO CERTIFICATE HOLDER. THIS CERllACA TE iirri:i;in OR AlTER THE COVERAGE AFFORDED BY THE COMPANIES AFFORDING COVERAGE WESTPORT INSURANCE CO. THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE A GENERAL UA81UTY X COMMERCtAL GENERAL L!AB!L!TY CI..A/MS MADE X OCCUR. O'M'ID1'S & CONmACTOR'S PROT. AUTOMOBILE UABtUTY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NQN...O'M4EO AUTOS GAAAGE LIABILITY EXCESS UABIUTY UMBREL.LA. FOAM OTHER THAN UMBRELLA FOAM WORKER'S COMPEHSA'TlOH AHO EMPI.OYEAS' LiABILITY OTHEfl OF MOSCOW P.O. BOX 9203 ID 83843 POLICY NUMBER RF 2020947·2 RF 2020947·2 POLICY EFFECTfVE DATE (MMIDO('('() 07/01/01 07/01/01 POUCY EXPtAATION OATE{MM!DONY} 07/ 01/ 02 GENERAL AGGREGATE 1 1 Q Q Q 1 Q Q 0! PROOUCTS-COMPIOP AGG $ 2 1 Q Q Q 1 Q Q ! PERSONAL & M:N iNJURY $ 1, Q Q Q 1 0 Q Q EACH OCCURRENCE $ 1 , 0 0 0 , 0 0 0 FIRE DAMAGE (My one fire) $ 1 Q 0 1 0 Q 0 MED. EXPENSE {My one person) $ 5 1 0 Q 0 COMBINED SINGLE LIMIT 07/ 01/ 02 BODU