Full Text
RESOLUTION NO. 98-13 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING RATES TO BE PAID TO FRANCHISEE FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE WITHIN THE CITY OF MOSCOW, IDAHO, PROVIDING THAT THIS RESOLUTION SHALL SUPERCEDE EXISTING RATES RELATED TO FRANCHISE AGREEMENT EXHIBIT, BY AND BETWEEN THE CITY OF MOSCOW AND LATAH SANITATION, INC.; PROVIDING THAT PROVISIONS OF THIS RESOLUTION SHALL BE DECLARED SEVERABLE; PROVIDING THAT THIS RESOLUTION SHALL BE IN FORCE AND EFFECT AS OF 12:01 A.M. OCTOBER 1, 1998; WHEREAS, the City Council 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 by 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 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MOSCOW AS FOLLOWS: Section 1: That all existing Resolutions adopting rates to be paid to Franchisee pursuant to Exhibit I and relative to the rates to be paid to Franchisee for collection of solid waste within the City of Moscow, and which are related to the Franchise Agreement for Collection of Solid Waste entered into the 30th day of September, 1993, between the City of Moscow and Latah Sanitation, Inc., are hereby superceded by this Resolution. Section 2: That pursuant to Section 19.2(a) of Exhibit Solid Waste Collection System Franchise General Specifications allow for rates to be modified according to the formula therein. The rates to be paid Franchisee for collection and disposal of solid waste shall be as set out in the attached City of Moscow Solid Waste Franchise Agreement Amended Exhibit I - Fee Schedule, effective date- October 1, 1998, and its attachments. Section 3: That the provisions of this Resolution shall be deemed severable and the invalidity or unlawfulness of any specific section of this Resolution, or aspect of fees included in the attached City of Moscow Solid Waste Franchise Agreement Amended Exhibit I - Fee Schedule, effective date - October 1, 1998, or of any specific rate or other provision shall not affect the remaining rates or other provisions of this Resolution or attachment. Resolution 98-13 October 5, 1998 PACEl OF2 ---PAGE BREAK--- Section 4: This Resolution shall be in full force and effect as of 12:01 a.m. October 1, 1998. Resolution 98-13 Octolx'r 5, 1998 PAGE 20F2 ---PAGE BREAK--- CITY OF MOSCOW SOLID WASTE FRANCHISE AGREEMENT AMENDED EXHIBIT I - FEE SCHEDULE EFFECTIVE DATE - OCTOBER 1,1998 AMENDMENT TO SOLID WASTE FRANCHISE AGREEMENT, effective October 1, 1998, 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 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 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 Collection 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 decrease all applicable reimbursement amounts to Franchisee 2.491% on October 1, 1998, which includes the decrease amount for October 1, 1997 Amended Exhibit l-Solid Waste Franchise Agreement October I, 1998 ---PAGE BREAK--- and October 1,1998. The decrease for October 1,1998 is 1.824%. On October 1, 1997, the parties agreed to defer the decrease of 0.667% allowed for October 1, 1997 until October 1, 1998. 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 CI y Clerk: Gilbert F. Myers LATAH SANITATION, INC. STATE OF IDAHO ) ss. County of Latah ) BY THE C OF M0 President: Diane K. Johnson On this day of t!Jr:/v/u' r . 1998, before me a Notary Public in and for the State of Idaho, personally appeared Gilbert F. Myers and Marshall H. Comstock, known to me to be the City Clerk and Mayor of the City of Moscow, and acknowledged to me that they executed the foregomg Agreement on behalf of the City of Moscow. Amended Exhibit I-Solid Wastt:o Franchise Agreement 11/ l NOTARY PUBLIC in and for the Sta e of Idaho Residing at /f1!l"J Vv My Commission Expires: 2: If - ;urr(! October 1, 1998 ---PAGE BREAK--- R UBLIC$nd for th,e State of Idaho i · g at t1>&;7UI . Commission Expires: .Lf- f[ - 0 t-j Anwnded Exhibit 1-Solid Waste Franchise Agreement October 1, 1998 ---PAGE BREAK--- SOLID WASTE FRANCHISE AGREEMENT AMENDED EXHIBIT I- FEE SCHEDULE OCTOBER 1,1998 SECTION 1.0 AD!USTMENTS 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 franchise, billing or other City fees. These fees are included in the actual rates charged to the generator. 2.1 2.2 SECTION 2.0 RATES FOR EACH RESIDENTIAL UNIT Individual Residential Units: Per Month ea. unit $5.64 Includes mobile homes, duplexes, and apartment units. Carry-Out Service: Per Month A Outside of Building: Two Bags or Manual Containers ea. unit $7.70 B. Inside of Building: Two Bags or Manual Containers ea. unit. $8.75 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. 2.3 Over Service Level: Per Manual Contained, Bag or Equivalent ea. bag $2.93 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, 1998 ---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. $5.20 3.2 Manual Container Rates: Per Month #Manual TIMES PER WEEK Containers 1 2 3 4 5 1 5.64 2 5.64 12.33 18.99 24.63 32.32 3 8.99 18.99 28.96 38.96 48.94 4 12.33 25.69 38.96 52.26 65.59 5 15.63 32.32 48.94 65.59 82.27 6 19.00 38.96 58.95 78.96 98.91 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) 4.1 Rental Rates: 6 Yard Container Rental Per Month 34.47 Sales Tax on Rental 1.72 10.5 Yard Container Rental Per Month 52.65 Sales Tax on Rental 2.63 12 Yard Container Rental Per Month 61.54 Sales Tax on Rental 3.08 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: 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: 28.03 Amt'mit•d Exhibit I-Solid Waste Franchise Agreement October 1, 1998 ---PAGE BREAK--- 5.1 B. 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) 4) On-call service with 24-hour notice Rate per haul and exchange: C. 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 1 yd. 4.00 .20 16.83 33.64 50.41 67.22 2 yds. 4.59 .23 28.15 56.28 84.41 112.54 3 yds. 8.65 .43 38.98 78.01 116.98 155.98 4 yds. 9.43 .47 50.25 100.51 150.76 201.Dl 6 yds. 12.44 .62 71.44 142.81 214.22 285.59 8 yds. 15.44 .77 92.73 185.36 277.77 370.40 5.2 Extra Service for Mechanical Containers with 24-Hour Notice ea. dump 5.3 Temporary (Less than two months) Placement or Removal of a Mechanical Container ea. move Amended Exhibit l-Solid Waste Franchise Agreem(mt 5 83.92 140.63 194.94 251.27 356.98 462.38 20.25 26.51 October 1, 1998 ---PAGE BREAK--- SECTION 6.0 RATES FOR SPECIAL SERVICES 6.1 6.2 Special Hauls with pickup Truck: On Day of Service From Landfill to City Ea. 15 min. after first 60 min. 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: Cont. Size 22 yd. 30 yd. *Rental rate for one time or. exchange service and rental rate per day after first 5 working days Sales Rental Tax Delivery 6.20 0.31 57.64 8.44 0.42 57.64 Additional Large Container Service for City Facilities: Includes City special services such as yard waste program at Moscow Recycling Center. 45 yd. N/A NjA 57.54 Compactor Service: Service Loose Yardage Per Haul Per Yard 0-15 min. 0-60 min. 0-15 min. 0-60 min. Exchange 57.64 57.64 57.64 PickUJ2 57.64 57.64 57.64 20.90 41.81 10.45 36.96 73.92 18.52 115.28 5.16 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. Amend<>d Exhibit 1-Solid Waste Franchise Agreement October 1, 1998 ---PAGE BREAK--- 7.1 7.2 7.3 SECTION 7.0 FRANCHISE REIMBURSEMENT FOR OPERATION OF SOLID WASTE PROCESSING FACILITY Solid Waste Processing facility Operational Franchisee Reimbursement Refrigerator/ freezer and other door removal Asbestos Handling Fee Per Year Per Month Per Door 323,778.60 26,981.55 5.25 60.78 7.4 If annual tonnage exceeds 115% of the base annual tonnage of 26,000 tons in a contract year, Franchisee shall receive additional compensation. *Per Add'! Ton *11.10 *Annual modification to fees in Exhibit A: Section 19.0 does not apply to this fee. 7.5 Miscellaneous Franchisee Reimbursement as provided in Exhibit C, 3.0.c. 8.1 SECTION 8.0 FRANCHISEE REIMBURSEMENT FOR OPERATION OF MOSCOW RECYCLING CENTER Annual Volume in Tons 0 - 1500 tons 1501 - 2000 tons 2001 - 2500 tons 2501 - 3000 tons In Excess of 3000 tons Compensation Per Ton 36.67 31.45 26.20 20.95 15.72 Amended Exhibit I-Solid Waste Franchise Agreement October l, 1998