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ADDENDUM AGREEMENT TO SOLID WASTE FRANCHISE AGREEMENT THIS AGREEMENT, made and entered into this 6th day of January, 1992, by and between the City of Moscow, a Municipal Corporation of the State of Idaho, hereinafter referred to as the 'CITY' and Latah Sanitation, Inc., an Idaho Corporation, hereinafter referred to as the 'FRANCHISEE', is an addendum to the Solid Waste Franchise Agreement entered into by the parties on the 5th day of January, 1987 and as amended on March 7, 1988, December 18, 1989, and December 3, 1990. WITNESSETH: WHEREAS, the parties hereby agree to amend the Solid Waste Franchise Agreement in the following regards: 1. AMENDMENT OF EXHIBIT II. That Exhibit II, attached and made a part of this addendum, is hereby adopted by the parties to replace Exhibit II amended and dated December 3, 1990. That the rates contained in the attached Exhibit II shall be the base rates established for the year 1992, and the rates upon which any future rate increases are based. These rates represent a change from Exhibit II of the amended agreement and from the prior rate resolution. 2. AMENDMENT OF EXHIBIT III. That a new Subsection 3. 08 be added to Exhibit III as follows: 3. 08 COMPOSTING OF YARD AND GARDEN WASTES The Franchisee shall develop a program for handling yard and garden wastes generated within the city limits. This program shall include a method whereby residents may deposit their materials in acceptable location(s) within the City and at the composting site remote from the City. The Franchisee shall work with the City to provide a service to collect yard and garden wastes from city operations. Costs for the program will be a negotiated fee. and that Subsection 12. 02 or Exhibit III as modified from the original agreement is hereby amended to read as follows: 12. 02 MODIFICATION TO RATES a. The rates which may be charged by the FRANCHISEE as approved by the CITY for the second and subsequent years of the term hereof shall be adjusted upward or downward to reflect changes in the cost of operations, as reflected by fluctuations in the Producer Price Index as published in the Survey of Current Business, as published by the U. S. Department of ---PAGE BREAK--- commerce. Bureau of Economic Analysis -ona-Dne eEFFenD-FeG±enaH-eesD-ef-Ne.-I-B±eseH-fEeH-as qEeDea-±n-Dhe-e±H-PF±ee-%n£eFmaD±en-SeFv±ee-as The statistics utilized shall be for a one year period and shall be the unadjusted figures for the month of August feF-Dhe-PFeatleeF-PF±ee-%naex-ana-ef SeJDemheF-£eF-Dhe-eesD-e£-a±eseH as published in September ana-eeDeheF-FesJeeD±veHy of each year. The rate modification date shall be January 1 of each year. Every year the rates shall be increased or decreased for the coming year in a percentage amount equal to 85 95% of the net percent of change in the Producer Price Index neD-JeFeenD-ef-ehanGe-ef-Dhe-eesD-ef-NeL-I-B±eseH £tleH for the prior one year period ena±nG-±n SeJDemheF. The percent of change in the Producer Price Index shall be computed as follows: The Producer Price Index for all commodities for the month of August for both the current year and the prior year shall be determined from the September issues of Survey of Current Business. The difference between the two Producer Price Index figures should be determined by subtracting the earlier month figure from the more recent month figure. The difference shall be divided by the earlier month figure to determine the percent of change. Mhe-JeFeenD-e£-ehanGe-±n-Dhe-FaDe-£eF-Ne.-I-a±eseH-£tleH Mhe-aveFaGe-JF±ee-£eF-NeL-I-a±eseH-£tleH-e££eeD±ve-en SeJDemheF-38-ffeF-heDh-Dhe-etlFFenD-yeaF-ana-Dhe-JF±eF yeaFt-shaHH-he-aeDeFm±nea-£Fem-Dhe-SJeOane,-Wash±nGDen, enDFy-±n-Dhe-PAB-4f5-seeD±en-e£-Dhe-e±H-PF±ee %n£eFmaD±en-SeFv±ee. Mhe-a±££eFenee-heDween-ehe-ewe-£±GtlFe-shetlHa-he JF±eF-yeaF-£Fem-Dhe-SeJDemheF-£±GtlFe-£eF-ehe-etlFFenD yeaF. Mhe-a±££eFenee-sheEHa-he-a±v±aea-hy-Dhe-eaFH±eF-menDh £±GtlFe-De-aeDeFm±ne-Dhe-JeFeenD-e£-ehanGeL The percentage rate to adjust the existing rates shall be calculated as follows: ---PAGE BREAK--- (percent of change of the Producer Price Index) (0.8595) = X fJePeeHe-o£-efiaHge-±H-JP±ee-o£-NoQ-r-a±eseH-£EeHr fsR3:sr---¥ (current rate) (1.00 + X = new rate Section 12.02b through Section 12.02e of Exhibit III are not modified by this ADDENDUM AGREEMENT. 3. REMAINING PROVISIONS UNAFFECTED. That all rema1n1ng provisions of the Solid Waste Franchise Agreement entered into by the parties on the 5th day of January, 1987 and as modified by Addendum Agreements on March 7, 1988, December 18, 1989, and December 3, 1990, shall remain in full force and effect. 4. EFFECTIVE DATE. This Addendum Agreement shall be effective as of January 1, 1992. By Latah Sanitation, Inc. f)LI{ President By the City of Moscow ATTEST: Elaine Russel , city Clerk ---PAGE BREAK--- EXHIBIT II AS AMENDED DECEMBER 16, 1991 EFFECTIVE DATE - JANUARY 1, 1992 SERVICE AREA I & II RESIDENTIAL & COMMERCIAL COLLECTION All residential rates are based on once a week unlimited pickup at curb line or service alley unless stated otherwise. All services provided within the City, including special hauls and compactor charges shall be billed by the City. Sororities and Fraternities shall be charged commercial rates. Any building which contains mixed residential and business units shall be billed as follows unless other arrangements are made acceptable to the City and the Franchisee. A. Manual container service - billing and service shall be at the one business rate for each individual business unit or residential unit. B. Mechanical container or compactor - billed at business rate for such equipment. Businesses using manual containers shall identify their containers by name and address or by using the City account number. Carry-out service shall consist of : A. Not more than two non-returnable plastic bags or, B. Two manual containers. Manual containers shall be returned curb-side. Each carry-out service producer shall provide the Franchisee with reasonably safe access to their solid waste container. If an alley precludes safe passage of a collection vehicle due to accumulation of snow and ice then collection service shall be done from the curb line of the street until such time as service can be resumed from the alley. The Franchisee shall notify the Daily Idahonian, and radio stations in the Moscow-Pullman area, when such conditions exist. EXHIBIT II; Page 1 ---PAGE BREAK--- The Franchisee shall provide the city on a basis with a full and complete record of the previous month's service which shall be used by the City for billing purposes. Holiday collection schedules shall be published in the local newspaper (The Daily News) by the Franchisee with a copy being provided to the city, at least five working days prior to the holiday. Changes in landfill hours or office hours allowed by this Franchise Agreement shall be published in the Local newspaper (The Daily News) by the Franchisee when hours change. RATES FOR RESIDENTIAL UNITS, PER MONTH: Individual residential units, including mobile homes, duplexes, and apartments ea. unit Residential units with a business in the home Carry-out service outside of building two bags or manual containers Inside of building two bags or manual containers Spring & Fall special weekend rate for extra service ea. unit ea. unit ea. unit cubic yard CURB-SIDE $ 7.15 $ 8.49 $ 9.79 $11.11 $ 4. 89 Residential units utilizing mechanical containers or compactors shall be billed at the business rate for such equipment. RATES FOR BUSINESS UNITS Manual containers - 0 to 2 Additional bags or containers Loose yardage on ground (not fault of Franchisee) Compacted yardage Extra service for mechanical containers with 24 hr. notice Compactors: Yardage picked up at the business Roll-off service Plusjcubic yard EXHIBIT II; Page 2 ea. unit per cu. yd. per cu. yd. each dump $ 7.15 perjm .92 ea. 6. 60 7.03 15.03 7.03 cy 121.33 + 1.82 cy ---PAGE BREAK--- RATES FOR MECHANICAL CONTAINERS PER MONTH Con. Size Per Month by Yard Serv. Rate Rental Tax 1 2 TIMES PER WEEK Volume Ratio 3 4 5 6 1 yd. 15. 46 .78 18.40 36.78 5 5.11 73.49 91.76 110. 21 2 yds. 16.06 .80 3 yds. 18.08 .91 4 yds. 20. 65 1. 03 6 yds. 23.27 1. 16 10 yds. 48.20 2.41 32.81 65 . 62 98. 42 131. 22 163.98 196.78 47.47 95.00 142.47 189.94 237.40 284. 87 61. 33 122. 67 184. 01 245. 35 306.68 368. 02 88.59 177.10 265. 63 354. 15 442.68 530.83 136.48 272.89 409.38 545.81 682.22 818.70 Producers who request that their mechanical containers be temporarily removed shall be charged the following rate for removal and re-delivery of the container: SERVICE AREA III $19.67 ea. move SCHOOLS, INSTITUTIONS AND PUBLIC AGENCIES A. The commercial rate shall apply for schools, institutions and public agencies. B. The service level shall be adjusted to fit actual needs reflecting prolonged closures and vacations. The institutions shall be billed on actual use. SERVICE AREA IV RECYCLING PROGRAM Narrative of Proposed Service. A. Scooe: Franchisee's resource recovery program is designed to aid, support, foster and otherwise encourage recycling, by providing collection and redemption of recyclable materials, promotion of recycling, and expansion of recycling service. B. Service: At a minimum, the Franchisee shall furnish at least one conveniently accessible recycling deposit box or building, to be located within the city limits, for deposit of recyclable materials by residents. Franchisee shall collect the deposited materials at least and as volume warrants. EXHIBIT II; Page 3 ---PAGE BREAK--- In addition, there will be at least one point within Latah County where residents may deposit andjor redeem recyclable materials. Hours of operation, redemption prices, and a listing of materials accepted at the site shall be displayed. Currently, Franchisee operates a redemption site at 245 No. Jackson, Moscow, Idaho, which is open Tuesday through Saturday, from 9: 30 a.m. to 5: 30 p. m. Any change in the location or hours of this facility must be agreed to by the parties at least thirty days in advance of such change, Maintenance of deposit boxes, collection and processing equipment, and site building and premises in a reasonably good condition and appearance is the responsibility of the Franchisee. The redemption site satisfies the requirement of a drop box within the City of Moscow. c. Materials and Volume: Materials to be recycled include aluminum, other metals, glass, newsprint, high-quality paper, and cardboard, unless otherwise agreed by the parties. Franchisee will attempt to annually recycle a minimum of 640 tons of material within Latah County. Franchisee shall keep an accurate account of the type, kind, and amount of materials recycled and an accurate account of the income from sales of the materials. Franchisee shall submit such information to the Director on a quarterly basis. If Franchisee may be required to temporarily (i.e. for a period of not more that six months) discontinue redeeming specific types of recyclable materials, Franchisee must continue to accept that category of materials and will stockpile the materials until changes in market prices allow shipment unless otherwise agreed to by parties. Franchisee shall not permanently eliminate any category of recyclable material listed above unless agreed to between parties. D . Promotion: Franchisee agrees to cooperate with local civic or charitable organizations wishing to use recycling as a fund-raising activity. Franchisee also agrees to cooperate with local civic organizations which may be involved in the promotion of recycling. E. Fees: Franchisee shall dedicate the amount of four and fifty-three hundreqths percent 0453) of all base rates collected within the City of Moscow to maintain Franchisee's resource recovery program. SERVICE AREA V LANDFILL ACCESS Franchisee shall provide for access to an acceptable landfill by city residents for disposal of solid waste for a consideration. Payments shall be made directly to landfill operator with no retainage or city fee applicable. EXHIBIT II; Page 4 ---PAGE BREAK--- Landfill Hours: April 1 to September 30: 7: 00 a. m. to 6:00 p.m. Mon. - Sat. October 1 to March 31: 7: 00 a. m. to 4:30 p.m. 8:00 a.m. to 12: 00 p. m. Mon. - Fri. Sat. Closed Sundays and holidays. RATES FOR LANDFILL ACCESS SERVICE: Household Solid Waste - No Charge Household solid waste from individual City residents accepted at no charge is limited to 500 pounds. (includes resident's yard trimmings) Large Appliances & Furniture Vehicle Bodies Solid Waste ( unless rate specified elsewhere) Heavy Waste $ 0.00 1. 70 ea. 32.00 ea. $ 5. 00 up to 1/4 ton $10.00 1/4 - 1/2 ton $15. 00 1/2 - 3/4 ton $20.00 3/4 - 1.0 ton $ 8. 00 ea. addl. ton or portion thereof. for one ton or less rates for Solid Waste above. for each additional ton or portion thereof $ 4.00/ton When scales are inoperable, rates shall be based on yardage estimates. SERVICE AREA VI BULKY WASTE PROGRAM RATES SCHEDULE FOR BULKY WASTES Special hauls with pickup truck when requested by customer: Moscow - Friday (0-15 min. ) From landfill to city (0-60 min.) Ea. 15 min. after first 60 min. $18.20 36. 35 9.10 Special hauls with packer truck when requested by customer: Moscow - Monday - Friday (0-15 min.) From landfill to city (0-60 min. ) Ea. 15 min. after first 60 min. EXHIBIT II; Page 5 32.19 64.39 16. 13 ---PAGE BREAK--- Special hauls roll-off unit: Within five mile radius of landfill - one time Within five mile radius of landfill - exchange Rental - 22 yd. roll-off - per day (after the first five working days) One time charge - 30 yards Exchange - 30 yards - Rental - 30 yard roll-off - per day (after the first five working days) 151.93 133. 50 7.88 205.66 180.91 7.88 Special haul rates shall be charged for collection and disposal of dead animals. Arrangements for special hauls shall be made with Franchisee. SERVICE AREA VII SMALL QUANTITY GENERATOR AND HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAMS SMALL QUANTITY GENERATOR-COLLECTION PROGRAM: Franchisee shall be responsible for keeping up to date on current rules and regulations relating to Small Quantity Generators (SQG's) of hazardous waste. Franchisee shall comply with all State of Idaho and Federal laws pertaining to SQG hazardous waste. Franchisee shall be responsible for developing and coordinating a program for the collection and disposal of hazardous waste produced by SQG's within the city of Moscow. Moscow's SQG program may be performed in conjunction with similar SQG programs throughout the county. A system shall be devised to keep record of waste disposed of by SQG's participating in Moscow's SQG program. Franchisee shall develop and organize public education programs, community seminars and advertisement, as needed, for Moscow's SQG program. Franchisee will share costs for education, seminars and advertising with the City of Moscow. SQG's may contact the Franchisee for information and regulations concerning the manifesting, removal and disposal of hazardous waste. Actual charges and methods of billing for handling, collection and disposal of hazardous waste may vary from year to year. Charges and methods of billing will be presented to the City of Moscow on a yearly basis and based on the SQG program for that particular year. SQG's producing hazardous waste shall be responsible for handling, collection, transportation and disposal for such wastes, plus any other charges not provided for herein. EXHIBIT II; Page 6 ---PAGE BREAK--- HOUSEHOLD HAZARDOUS WASTE/COLLECTION PROGRAM: Franchisee shall be responsible for keeping up to date on current rules and regulations relating to Household Hazardous Waste (HHW) . Franchisee will comply with all state of Idaho and Federal laws pertaining to HHW. Franchisee shall develop and coordinate a HHW Collection Program for the City of Moscow and will be considered the agency responsible for organizing community efforts in implementing a yearly program. Moscow's HHW program may be in conjunction with similar programs throughout the County. The Franchisee will devise a system to keep record of the amount of HHW disposed of by Moscow residents during HHW Collection Days. Franchisee shall develop and organize public education programs, seminars and advertising for HHW programs. Franchisee will share costs with the city of Moscow for education, seminars and advertising for Moscow's HHW Collection Program. Franchisee shall provide Moscow residents with information on regulations and disposal of HHW at the household level. Moscow residents may also contact the Franchisee for information regarding Moscow's HHW Collection Program. Franchisee shall donate reasonable time, labor and equipment to carry out Moscow's HHW Collection program. Funding for Moscow's HHW Collection Program will not be the responsibility of the Franchisee, however the Franchisee will aid the City of Moscow with ideas and solicitation of funds, if necessary. Actual costs associated with a HHW Collection Program may vary from year to year. The Franchisee shall present estimated costs to the director on a yearly basis. SERVICE AREA VIII INFECTIOUS AND POTENTIALLY HARMFUL WASTE Franchisee shall handle infectious and special wastes consistent with all applicable regulations. Franchisee shall designate acceptable containers necessary for such waste and shall inform generators of container requirements. Franchisee must be given twenty-four (24) hours notice prior to pickup. That the rates for hazardous wastes and for infectious and potentially harmful waste shall be as follows: The actual cost for such service· as billed by the Franchisee, plus 10% for administration and billing. EXHIBIT II; Page 7 ---PAGE BREAK--- SERVICE AREA IX COMPOSTING PROGRAM Franchisee shall develop a composting program that results in a significant reduction the amount of lawn, garden, and yard wastes being placed in the landfill. Franchisee shall designate an acceptable site, provide engineered plans for developing the site, secure all appropriate approvals, and operate the site in accordance with all local, state of Idaho and federal laws, rules and regulations. As a minimum the Franchisee shall: Provide a large container at a convenient location in Moscow for general public use; Provide a large container at an acceptable location for city use; Provide for public access to the composting site such that materials may be deposited. Franchisee agrees to promote and advertise the composting program in a manner that makes it known to the residents of Moscow. Franchisee agrees to dedicate the amount of two and 83/lOOths percentage (2.83%) of all base rate revenues collected from within the city of Moscow to maintain Franchisee's composting program. The finished composted product of this program shall be the property of the Franchisee. EXHIBIT II; Page 8 ---PAGE BREAK--- At56tli1t: r ·:saallf;-1111 , : ) ,tiP. :lliuliii& · · · . . · · . · · : · · : : . . . . . . . . . . . . . . . . . . . . ' . . . . . . . . . . . . - . . . . " ' . =/2111996 PRODUCER THIS CERnFICATE IS ISSUED AS A MATTER OF INFORMAnON ONLY AND KBI Insurance, Inc. P.O. Box 888 Tualatin, OR 97062 (503) 692-1520 INSURED LATAH SANITATION, INC. P.O. BOX 8036 MOSCOW, IDAHO 83843 CONFERS NO RIGHTS UPON THE CERnFICATE HOLDER. THIS CERnFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVER [WOfrO[?JI}'(!llfr.J _ PoLiciEs BELow. 1 1. • 1 . , 11 J 1 COMPANIES AFFORDING ccf>VERAGE i i JUN 2 1998 i : A CALIFORNIA INSURANCE. _ . j -AN Y B COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER OR\G\NAL :cpv23@45 · . · · · · . · · · · · . · . · · . . · · - · : . _ - _ _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDIT:ONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAI MS. TYPE OF INSURANCE POLICY NUMBER A : GEHERAL UABIUTY X -COMMERCIAL GENERAL LIABILilY OR 913-5979 CtAIMS MADE X OCCUR. OWNER'S & CONTRACTOR'S PROT. : . . 0 AUTOMOBILE UABIUTY A. X ANY AUTO OR 913-5979 ALL OWNED AUTOS ' SCHEDULED AUTOS . HIRED AUTOS : NON-OWNED AUTOS GARAGE LIA81UlY ' EXCESS UABIUTY . UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION OTHER AND EMPLOYERS' UABIUTY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITDIS CITY OF MOSCOW IDAHO P.O. BOX 9203 MOSCOW ID 83843 . : POLICY EffECTIVE .POLICY EXPIRATION . DATE (MMIDDIYY) DATE (MMIDDIYY) LIMITS : GENERAL AGGREGATE . PRODUCTS-COMP/OP AGG. } I 0 0 0 ' 0 0_.9 $ 2,000,00 :06110196 0 7 I 0 1 I 9 9. PEASO.NAL AD_V._ I _ NRY $ 1,000,000 . . ' . . . . :06/10196 -./;0P0.:1 . EACH OCCURRENCE $ 1 , 0 0 0 , 0 0 0 : FIRE DAMAGE (Any?.n re) _ _ $ 5 q, .9 0. 0 ; MED. EXPENSE (Any one person) $ 5 , 0 0 0 : COMBINED SINGLE :LIMIT 07 I 01 I 9 9 BODILY INJURY (Per pe1son) : BODILY IN.AJAY : (Per accident) s 1,000,000 $ $ · PROPERlY DAMAGE $ EACH OCCURRENCE $ :AGGREGATE $ : STATUTORY LIMITS EACH ACCIDENT $ D15EASE • POUGT" LIM If : DISEASE • EACH EMPLOYEE $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL __d.Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORaED REPRESENTATIVE .li,CD RI> ,I;oftP