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CITY OF MOSCOW SOLID WASTE FRANCHISE AGREEMENT AMENDED EXHIBIT I- FEE SCHEDULE EFFECTIVE DATE OCTOBER l, 2002 AMENDMENT TO SOLID WASTE FR.A.NCHISE AGREEMENT, effective October 1, 2002, by and between the City of Moscow, hereinaller 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 L 1993, wherein Franchisee was given authority to operate the City Solid Waste Collection System; and WHEREAS, the City Couacil finds it necessary to amend Exhibit I to the 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 Collection System Franchise 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 lcnih, City and Franchisee do hereby enter into this Amendment to Solid Waste Franchise Agreement: i. 3. Original Agreement: Those terms in the original Solid Waste Collection Agreement entered into between City and Franchisee effective October I, 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. Exhibit I: Exhibit I, Fee Schedule to said Agreement is hereby superseded and replaced by the amended Exhibit I attached hereto. Annual Modification to Fees: Section 19 of Echibit A Solid Waste Collection and TransporE to City Designated Disposal Site General Specifications subparagraph 19.2 }vfodij?cation to Fees, shall be modified to read: The fees 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 rellectecl by f1uctuations in the Consumer Price Index as published by the United States Bureau of Labor Statistics. The statistics utilized shall be for a one year period and shall be the end adjusted figures fc1r the month of March as published in April of each year. The fee modification elate shall be October 1" of each year. Every year the fee shall be mcreased or decreased for the coming year in a percentage amount equal to 8570 of the net percentage of change of the Consumer frifLj_l!1dex for the prior one year period" 2002-44 Amendment to LSl Exhibit I ---PAGE BREAK--- The percent of change in the Consumer Price Index shall be computed as follows: The Consumer Price Index for the month of March for both the current year and the prior year shall be determined from the April statistics compiled by the United States Bureau of Labor Statistics. The difference between the two Consumer Price Index tigures should be determined by subtracting the earlier month flt,:rure from the more recent month figure. The difference shall be divided by the earlier month filjo,'Dre to determine the percent of change. The percentage rate to adjust the existing fees shall be calculated as follows: (percent of change of the Consumer Price Index) (.85) =X (current fee) (!.00 new rate. 4. Franchisee agrees that it shall waive any fee adjustment as contemplated in Section !9.2 of Exhibit A Solid Waste Collection System Franchise General Specifications for the period October l, 2002 to September 30, 2003. 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 lirst above written. ATTEST: STATE OF IDAHO County of Latah ) ss. ) CITY OF MOSCOW LATAH SANF[ATION, INC. I · \ ' 'f¥11 On this ;;J,'if{,day of Se.pft:g;/;UA. , 2002, b;'fore me a Notmy Public, in and for the State of Idaho, personally appeared Tg known to me to be the representatives of Latah Sanitation, Inc,, and acknowledged to me that they signed the foregoing Agreement on behalf of Latah Sanitation, Inc. to LSl Exhibit! ---PAGE BREAK--- SOLID WASTE FRANCHISE AGREEMENT AMENDMENT EXHIBIT ILJ FEE SCHEDULE EFFECTIVE DATE: OCTOBER 1, 2002 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 tees are included in the actual rates charged to the generator. 1.3 Franchise Fee: A t!ve percent franchise fee is included in Exhibit I, except where indicated. SECTION 2.0 RATES FOR EACH RESIDENTIAL UNIT 2.1 Individual Residential Units: Per Month each unit S6 50 Includes mobile homes, duplexes, and apartment units. This lee also includes fees tor curbside recycling services. 2.2 2.3 Carry-Out Service: Per Month A. Outside of Building: Two bags or manual containers each unit $8.33 B. Inside of Building: Two bags or manual containers each unit $947 C. Containers shall not be more than two 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. Over Service Level: Per Manual Contained, Bag or Equivalent each bag S3 16 2.4 Residential Units utilizing mechanical or compactor containers shall be tilled at the business rate for such containers. SECTION 3.0 RATES FOR BUSINESS UNITS USING MANUAL CONTAINERS 3.1 Loose Yardage on Ground (not fault of Franchisee) per cu. yard $5.62 3.2 Manual Container Rates: Per Month #Manual TIMES PER WEEK 6.50 2 6.50 12.67 19.52 25.33 33.23 3 9.73 19.52 29.78 40.07 50.32 4 13.34 26.42 40.07 53.74 67.44 5 16.92 33.23 50.32 67.44 84.60 6 20.56 40.07 60.62 8!.19 lO 1.70 Amendm(;nt to LSI Exhibit l Page 3 of6 ---PAGE BREAK--- 3.3 Businesses using manual containers shall identify their containers by name and address or by using the City account number. SECTION 4.0 RATES FOR RECYCLING MOBILE CONTAINERS (RMC) 4.I Rental Rates: 6 Yard Container Sales Tax on Rental 10.5 Yard Container Sales Tax on Rental 12 Yard Container Sales Tax on Rental Rental Per Month Rental Per Month Rental Per Month $37 31 s 1.87 $56.99 $ 2.85 $66 60 s 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 items 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: I) RJv!C hauled, emptied and exchanged by Franchisee 2) No reimbursement for recyclable materials to customer 3) On-call service within 24-hour notice 4) Rate per haul and exchange B. Franchisee Services/Value of Recycled Materials Retained by Customer: l) RMC hauled, emptied and exchanged by Franchisee $30.34 2) Reimbursement at the current rate for recyclable materials to customer, providing there is no contamination from unacceptable items 3) On-eall service with 24-hour notice 4) Rate per haul and exchange $36.46 C. Customer Service/Value of Recycled Materials Retained by Customer: 1) Rlv!C 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 MECHAl'HCAL CONTAINERS 5.1 Mechanical Container Rates Per Month: Cant Sales Times Per Week Size Rental +Tax + 2 3 4 5 I yd. 4.33 .22 I7.30 34.59 51.83 68.55 86.30 2 yds. 4.97 .25 28.95 57.86 86.79 II5.72 144.60 3 yds. 9.36 .47 40 09 80.22 120.28 I60.38 200.45 4 yds. 10.2I .52 51.67 I 03.34 155.02 206.68 258.36 6 yds. 13.46 .67 73.45 I47.27 220.27 293.65 367.05 8 yds. I6. 7I .84 95.35 190.59 285.61 380.86 475.43 to L Sl Exhibit ! Page 4 of 6 ---PAGE BREAK--- 5.2 5.3 Extra Service for Mechanical Containers With 24-hour Notice Temporary (less than two months) Placement or each dump Removal of a Mechanical Container each move SECTION 6.0 RATES FOR SPECIAL SERVICES 6.1 6.2 Special hauls with pickup truck: On day of service 0-15 minutes From Landfill to City of Moscow 0-60 minutes Each 15 min. after first 60 minutes Special hauls with packer truck: On day of service 0-15 minutes From Landfill to City of Moscow 0-60 minutes Each 15 minutes after first 60 minutes 6.3 Special Services with roll-off truck: $20.82 S28 69 $22.62 S45.25 Sl 1.31 $40.00 $80.01 $20.05 Large Container Service: Rental rate for one time or exchange service and rental rate per day after first five working days* Cont. Sales Size Rental Tax QdžliVe[Y Exchange Picku[J 22 yd. 6.72 34 62.39 62.39 62.39 30 yd. 9.14 .46 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 Compactor Service: Service Loose Yardage Compacted Yardage n/a 62.39 Per Haul Per Yard Per Yard 62.39 $124.77 $ 5.58 s 5.97 62.39 6.4 Dead Animals: Special Haul mtes 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. Amendment to LS! Exhibit l Page 5 of6 ---PAGE BREAK--- SECTION 7.0 FRANCHISEE REIMBURSEMENT FOR OPERATION OF SOLID WASTE PROCESSING FACILITY 7.1 7.2 7.3 FRANCHISE FEE OF 5% DOES NOT APPLY TO FEES IN SECTION 7. Solid Waste Processing Facility Operational Franchisee Reimbursement Per year Per month Refrigerator/freezer and other door removal Per Door Asbestos Handling Fee $350,439.22 s 29,203.27 $ 5.69 s 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 Additional Ton $11. l 0 * 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, 3.0c. 7.6 Excavation for N-MSW Per Ton $7.71 7. 7 Operation of Household Hazardous Waste Facility: Franchisee shall operate the Household Hazardous Waste Facility at no additional charge, provided that actual costs of disposal of such hazardous waste shall be paid by the City. SECTION 8.0 FRANCIIISEE REIMBURSEMENT FOR OPERATION O F MOSCOW RECYCLING CENTER FRANCHISE FEE OF 5% DOES NOT APPLY TO FEES IN SECTION 8. 8.1 Aruma! Volume in Tons 0-1500 Tons 1501-2000 Tons 200 l 2500 Tons 2501 - 3000 Tons In Excess of 3000 Tons to LSI Exhibit ! Compensation Per Ton 39.69 34.04 28.36 22.67 17.02 Page 6 vf