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SUSPENSION OF CERTAIN PROVISIONS lN FRANCHISE AGREEMENT FOR COLLECTION OF SOLID WASTE, SPECIFICATIONS FOR OPERATIONS OF RECYCLING CENTER, EXHIBIT THIS SUSPENSION of certain provisions is made and entered into this day of 1999, by City of Moscow, Idaho, a municipal corporation of the State Idaho (hereinafter referred to as "the CITY") WITN'ESSETH WHEREAS, at the present time it is the intention of the CITY not to charge tipping fees for acceptable materials deposited at the Recycling Center by Collection Franchisees which materials are generated within Latah County, but not within Moscow city limits; and WHEREAS, as a condition of foregoing such tipping fee, the CITY shall not compensate Latah Sanitation, Inc. for collection of acceptable materials deposited at the Recycling Center by Collection Franchisees which are generated within Latah County, but not within Moscow city limits. I. Suspension of certain portions of Franchise Agreement For Collection Of Solid Waste. Pursuant to Franchise Agreement for Collection of Solid Waste between the CITY and Latah Sanitation, Inc., Specifications for Operations of Recycling Center, Exhibit 7.0 Policies/Procedures/Change in Service, the CITY makes the following suspensions of portions of Franchise Agreement for Collection of Solid Waste, Specifications for Operations of Recycling Center, Exhibit as follows A Specifications for Operations of Recycling Center, Exhibit 3.0 Operations Franchisee shall not be required to charge a tipping fee for Acceptable Materials deposited at the Recycling Center by Collection Franchisees which are generated within Latah County, but not within Moscow city limits, until such time as the City, as its sole discretion and with thirty (30) days prior written notice to Franchisee, shall require such to be charged. Franchisee shall pay over all Tipping Fees to the City; and B. Specifications for Operations of Recycling Center, Exhibit 5.0 Compensation: Acceptable Materials deposited at the Recycling Center by Collection Franchisees which are generated within Latah County, but not within Moscow city limits, shall not be considered in the calculation of SUSPENSION OF CERTAIN PROVISIONS IN FRANCHISE AGREEMENT FOR COLLECTION OF SOLID WASTE, SPECIFICATIONS FOR OPERATIONS OF RECYCLING CENTER, EXlUBIT Page I of2 gg-36 ---PAGE BREAK--- compensation under this Agreement unless the City, at its sole discretion, directs franchisee to charge a tipping fee on such volume of Acceptable Materials pursuant to this Exhibit 3. 0 Operations By signature below, the CITY hereby suspends such portions of Specifications for Operations of Recycling Center, Exhibit as appear herein to be effective upon the date of such signing. , 1999. CITY OF MOSCOW Received by a duly authorizs repres' tative of Latah Sanitation, Inc. on the day of I 999. SUSPENSION OF CERTAIN PROVISIONS IN FRANCHISE AGREEMENT FOR COLLECTION OF SOLID WASTE, SPEC IF! CA. TIONS FOR OPERATIONS OF RECYCLING CENTER, EXffiBIT Page 2 of2 ---PAGE BREAK--- [ LANDEL. WESTBERG, JUDGE & GRAft,..M, P.A. Ronald J. Landeck James L. Westberg John C. Judge Charles L. Graham Attorneys & Counselors at Law A Profess!IJnal Service Corporetion 414 S. Jefferson Post Office Box 9344 Moscow, Idaho 83843-0117 June 28, 1999 Gilbert F. Myers, City Clerk City of Moscow 206 E. Third St. Moscow ID 83843 RE: Latah Sanitation, Inc. Telephone: 1208)883-1505 Fax: 1208)883-4593 E-Mail: lwj+[EMAIL REDACTED] Suspension of Certain Provisions in Franchise Agreement Dear Gib, Enclosed please find an executed copy of the Suspension of Certain Provisions in Franchise Agreement for Collection of Solid Waste, Specifications for Operations of Recycling Center, Exhibit Please return a copy after you and Marshall have executed the same. As I told you on the phone, the holdup has been that this document still does not represent a memorialization of the existing agreement with the City. In this document, Latah Sanitation, Inc. has given up the right to charge the surcharge unless the City charges the tipping fee. As the agreement is now, the City could institute the tipping fee at any time and Latah Sanitation, Inc. could institute the surcharge at any time. As Joe is certain these fees will never be charged, he has executed the agreement even though it represents a change in position. Please contact me if you nave any questions. JLW/mw Enclosure Sincerely, LANDECK, \ rr·. r tu . \ \)''(tmes L. A1torney WESTBERG, JUDGE & GRAHAM, P.A. Westberg at Law ---PAGE BREAK--- CERTIFICATE HOLDER: 295341 CITY OF MOSCOW PO BOX 83720 - ROBE, IDAHO 53710--(}044 ?HONE (20&l 332-2100 (SOOj 334-2370 AGENT: 103 MARSH USA, INC PO BOX 9203 MOSCOW ID 83843-1866 ATTENTION: ERIC C. BATTEY, CIC PO BOX 8688 BOISE ID 83707-0000 208/342-6573 CERTIFICATE OF WORKERS COMPENSATION INSURANCE The State Insurance Fund hereby certifies that the insurance policy hereunder described is in full force and effect on the date of this certificate and that it remains in full force and effect until cancelled. POLICY NUMBER: 538305 INSURED: LATAH SANITATION INC PO BOX 8036 MOSCOW ID 83843-0536 ORIGINAL EFFECTIVE DATE: 05/01/1992 Policy in force from 05/01/1992 12:01 a.m., Mountain Standard Time, at the address of the insured shown above or the job site in Idaho. PART TWO: EMPLOYERS LIABILITY INSURANCE LIMITS Bodily Injury by Accident $100,000 each accident Bodily Injury by Disease $500,000 policy limit Bodily Injury by Disease $100,000 each employee The insurance coverage applies to employees of the above-mentioned company anywhere in the state of Idaho and also to any employees living in Idaho but working temporarily in a neighboring state. In addition to the required cuvera.ge. Uit- fo11owirtg c1e..::ttd coverage aisu appl·ies; Joe P Johnson Corporate Officer Relene Johnson Corporate Officer This certificate is valid for one year from date of certificate. In the event of cancellation of said policy, the State Insurance Fund will endeavor to notify the party to whom this certificate is issued by providing ten (10) days advance notice, but the State Insurance Fund shall not be liable in any way for failure to give notice. Dated at Boise, Idaho on May 9, 2000 Dorothy Ha 11 Underwriting Department 0208/{32-2332 Jfii'Vlce Stretd Su!Ue iOO iD &JB14 Lewiston n Suite 2C