HomeMy WebLinkAbout4381 Resolution - 2024 Basin Disposal Inc. Rate IncreaseRESOLUTION NO.4381
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
APPROVING A RATE INCREASE FOR SOLID WASTE COLLECTIONS AND
DISPOSAL SERVICES BY BASIN DISPOSAL, INC.
WHEREAS, the City of Pasco (City) and Basin Disposal, Inc. (BDI) entered into a
Comprehensive Solid Waste Collection Agreement (Agreement) dated November 16, 2015, for
the collection, transport and disposal of all Solid Waste, Household Hazardous Waste and other
authorized materials commencing January 1, 2016; and
WHEREAS, the Agreement term is fifteen years with an automatic one-year extension on
each anniversary of the date of commencement; and
WHEREAS, the Agreement affords BDI Annual Rate Adjustments based on 80% of the
annual percentage increase in the Consumer Price Index (CPI) (All Urban Consumers; West
Region, Size B/C) along with adjustments to Tipping Fees and Disposal Fees; and
WHEREAS, while the CPI adjustment at 80% results in a requested rate increase of 2.88%
along with a 5% increase in Tipping and Disposal Fees, the weighted average rate increase due to
CPI and Tip fee increase of 3.64% as noticed in Exhibit A is below five percent (5%) that is in
accordance with the Annual Rate Adjustment Cap as outlined in Section 6.3.4 of the Agreement;
and
WHEREAS, pursuant to the Agreement, BDI must first publish notice by mailing to all
affected ratepayers or by publishing in a newspaper of general circulation for two consecutive
weeks and such notice must occur forty-five days before the effective rate increase.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the Annual Rate Adjustment of 3.64% in accordance with the terms outlined in the
2015 Comprehensive Solid Waste Collection Agreement, attached hereto as Exhibit B.
Be It Further Resolved, that this Resolution will take effect immediately.
Resolution — 2024 BDI Annual Rate Increase - 1
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law, on this 16`' day of October, 2023.
Blanch alas
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
Resolution — 2024 BDI Annual Rate Increase - 2
APPROVED AS TO FORM:
Kerr uson Law, PLLC
CipfAttorneys
BASIN
Al""al
August 21, 2023
Steve Worley
Public Works Director
525 N 3rd Ave
2nd Floor
Pasco, WA 99301
Dear Mr. Worley:
EXHIBIT A
pus! jc UyG�KS AD
I hope this letter finds you in good health and spirits. It is time for the annual rate adjustment based on
the (Consumer Price Index) CPI. This year's rate adjustment will also incorporate a Tip Fee increase.
Please consider this letter as a notification of the proposed CPI adjustment scheduled for January 1,
2024.
The contract specifies an Annual Rate Adjustment tied to the CPI, based on 80% of the West Urban CPI,
size class B/C. We are once again utilizing June data. The 12-month percentage change is 3.60%; the
adjustment factor is 2.88% (3.60% x .80=2.88%) to be applied to all rates defined in the contract.
The second portion of the year's rate adjustment comes from increased disposal expenses Disposal Fees
for Solid Waste (MSW) have increased. MSW has increased from $54.72 per ton to $57.46 per ton, a
5.00% increase. The weighted average rate change due to the CPI and Tip fee increase is 3.64%.
I am enclosing a copy of Exhibit C proposed rates along with a copy of the CPI sheet.
We are most willing to meet with you for conversation on the topic of the rate adjustment and any
other solid waste issues. Thank you for your attention in this matter, and please feel free to contact me
at 509-544-7709, should you have any questions.
I would also like to take the opportunity to thank you and the City Council of Pasco for allowing us to
serve the Pasco City Residents.
Sincerely,
Francisco Alcala
Sr. Financial Analyst
Basin Disposal, Inc.
Enclosures
BASIN DISPOSAL, INC.
2021 N Commercial Ave, Pasco, WA 99301 . P4 Box 3850, Pasco, VIA 993023850 . t509i 547-2476 BASINDISPOSAL.COM
U.S. BUREAU OF LABOR STATISTICS
Databases, Tables & Calculators by Subject
Change output options: From: 2013 v TO: 2023 v h
0 include graphs 0 include annual averages More Farmadtir►DOntionsaa►
Data extracted on: July 12, 2023 (1:54:02 PM)
CPI WAR Urban Consumers (CPI-U)
Seriesld: CUURN400SAO
Not Seasonally Adjusted
Series Title: All Items in West -Size Class B/C, all urban consumers, not seasonally adjusted
Area: West -Size ClassB/C
Item: All items
Base Period: DECEMBER1996=100
Download:13
Year J_an Feb Mar Apr ---May j JanJui Aug (-Sep i Dct� Nov Dec_ ;Annual, HALFl NALLF2
2013 139.865 141.072' 341.573 (141.T88: 141.838:1411.940 i 14 (142.277:141.954j141.736. 141.7511141.652 j 141.324 141.981
2014'141.9981142.120i142.813(143.077l144.253,1444.4351144.317,144506,144214'143398,142.669143.527i143.130 143.923'
2019:142.022:143.0051143.8871144.4261145.346 145.198 141.917 144.752 144507 1144.379:143.595 j 143.398 144.119 (143.981 144.258
2016 (143.932 144.128 144.2641145.1281145.942 145.866 145.850 145.829 146.130 146.3281146.004 145.918 145.443 ,144.877 146.010
_ �__.
20171146.469 147.45111.47.8801148.4961148.789 1148.7921148.691(149.255 149954 150.336 i 150.003 149.920 148.836 i 147.980 149.6931
120181150.564 151.2001151.7021152.350{153.201 1535461153.4641153.797(154.158 154.729,154.625,154.228 153,130.152.0941154.167.
2019 r 154.328 154.671 155.178 i 156.523 157.488 157.564' 157.4651157.654 (157.738 158.635 ;15B.482 158.496 157.019 :155.959715807 ,8
2020'158.599;159.183L159.129f158.824 158.301,158.6571159.752'160.5281160,W ; 161.14140 �161.069i160.8159.756i158.816 160.696i
_ 161.199 162.0421163257E 165.088 16&813 168.425 169.267 169.477) 169.977 171.226 172.214 ! 172722 167.6421164A71 170.8141.
I2022 174.2691175.890.` 17_&019 (_179.339 180.810,18_2.7901183.2T71183.5431184.0881185.410:184.626' 183.686_I 181.312 1 ITS.520 184.105
L023 ,184.717 j 185.968 :.187.301 j 188.008l 188.833' 189.295 i_--L_ ^� _�_ �_ ( 1 IP 354
12-Month Percent Change
Seriesld: CUURN400SA0
Not Seasonally Adjusted
Series Title: All items in West -Size Class B/C, all urban consumers, not seasonally adjusted
Area: West - Size Class B/C
Item: All items
Base Period: DECEMBER 1996=100
rpownload: � srss
' rear l Jan Feb Mar, Apr�May i Jun Jul Cg l Sep l bit v ; Dec `Ann_ual: NA_LFl_1 NALF2
I2013,_I_D1 1.51-1.0 0.8 0.7( 1.011.6' 1.6, 1.2 _0.81 1.0; 1.4(- 1.11_ 1.01 _ 1.31
'201A1 1.5) 0_71 0.9! 0.9; 1.7' 1.91. 1.8i 1.51 L � 12f 0.6! 1.3: 1.3; 1.41,
20151 0.0, 0.9 0.810.510.3 0.31 0.0 0.1-r 0.1 0.51_0.4'_0.61 0.2,
2016� 1.31 0.8 0.310.5 0.41 05f 0.6..0.71 1.1 1.3 1.7! 1.8 0.9,_ 0.6 1.2'.
`;2D17i 1,8 2.3 251 2.31 2.0; 20 1,9j 2.3' 2.6 2.71 2.712.72.3 2.11 2.51
:203.8 2.81 2.51 2.612.6; 3.0,3.213.213,012.8�2.913.1'2.91 2.91 181 3.01
�20=
12.5! 231 2.32.72.8' 2.6�t62*.5. 2.3; 2.5 2.5 2.8' 2.51 2.5" 2,5f 2.1! 2.91 251 1.5 0.5�0.8)j 2.0( 1.6 1.6 1.5 1.7: 1.8 1.7 1.61 L8� 2.6f 3.9 5.4( 6.0�1 5.71 6 7.4 4.9!3.6;. 6.3'
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12022, 8.1 8.5 9.Of 8.61 8.41 8 :8.3 8.3 8.31 8.31 7.21 6.3. 8.2 8.5! 7.8,
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U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-OW1
Telephone:1-202-691-5200_ Telecommunications Relay Service:7-1-1- yn�ggy Contact Us
1/1
BASIN
franrfer
March 1st, 2023
Basin Disposal Inc
PO Box 3850
Pasco, WA 99302-3850
RE: Disposal Fee Increase, effective date of May 1st, 2023
Basin Disposal Inc.,
Effective May 1st, 2023, the disposal fee at Basin Transfer will increase 5%. The current rate of
$54.72 per ton will increase to $57.46 per ton, excluding any applicable tax. This rate will apply
to all solid waste delivered to the facility, and to all ancillary items such as tires, white goods,
and other waste related items that Basin Transfer receives and processes.
Sincerely,
Darrick Dietrich
Manager
Basin Transfer, LLC
BASIN TRANSFER, LLC
PO Box 3850, Pasco. WA99302-3850 • (509) 547-2476 BASINDISPOSAL.COM
EXHIBIT C
RATE SCHEDULE
EFFECTIVE DATES
0110112024 through 1213112024
Index of Items
Item 5 — Application of Rates — Taxes........................................................................................ 1
Item 40 — Material Requiring Special Equipment, Precautions, or Disposal ................................ 1
Item 45 — Material Requiring Special Testing and/or Analysis .................................................... 1
Item 50 — Returned Check Charges........................................................................................... 1
Item51 — Restart Fees............................................................................................................... 2
Item 53 — Customer Prepayments.............................................................................................. 2
Item70 — Return Trips............................................................................................................... 3
Item 80 — Carryout Service........................................................................................................ 3
Item 100 — Residential Monthly Rates........................................................................................ 4
Chargesand Rates................................................................................................................. 4
Item 150 — Units, Loose, and/or Bulky Material.......................................................................... 6
Item160 — Time Rates............................................................................................................... 7
ApplyingTime Rates.............................................................................................................. 7
Recordingand Charging Rates...............................................................................................
8
AdditionalDisposal Fees........................................................................................................
8
Item 200 — Application of Container and/or Drop Box Rates — General ......................................
8
Availability.............................................................................................................................. 8
Alternate -Sized Containers and/or Drop Box Containers........................................................
8
Disposal Fees for Alternate -Sized Drop Box Containers.........................................................
8
Rates for Partially Filled Containers and/or Drop Box Containers ...........................................
8
Rates for Compacted Materials..............................................................................................
8
Rates for Loose Material........................................................................................................
8
Permanent and Temporary Service........................................................................................
9
Item 205 — Roll -Out Charges and Gate Charges — Carts and Detachable Containers ................
9
Charges for Carts and Containers..........................................................................................
9
Item 207 — Excess Weight — Rejection of Load, Charges to Transport .......................................
9
WeightLimits..........................................................................................................................
9
Transporting Overfilled or Overweight Cart, Container, or Drop Box......................................10
Item 210 —Washing and Sanitizing Carts, Containers, and Drop Boxes...................................10
Item230 — Disposal Fees.........................................................................................................11
Item 240 — Container Service — Non -Compacted — Company-Owned.......................................12
Non -Compacted Company -Owned Commercial Cart ............................................................12
Exhibit C, Effective 01-01-2024 through 12-31-2024 Pagel of 2
Permanent Service Rates for the City of Pasco.................................................................12
TemporaryService Rates......................................................................................................12
AccessorialCharges..............................................................................................................12
Non -Compacted Company -Owned Commercial Container....................................................13
PermanentService Rates..................................................................................................13
SpecialPickup Rates.............................................................................................................14
TemporaryService Rates......................................................................................................14
AccessorialCharges..............................................................................................................14
Item 255 — Container Service — Compacted — Customer-Owned..............................................15
PermanentService Rates......................................................................................................15
AccessorialCharges..............................................................................................................16
Item 260 — Drop Box Service — Non -Compacted — Company-Owned.......................................16
Permanent Service Rates for City of Pasco...........................................................................17
TemporaryService Rates......................................................................................................17
AccessorialCharges..............................................................................................................17
Item 270 — Drop Box Service — Compacted — Customer-Owned...............................................18
Permanent Service Rates......................................................................................................18
AccessorialCharges..............................................................................................................19
Item 300 — List of Abbreviations and Symbols Used in this Exhibit............................................19
Exhibit C, Effective 01-01-2024 through 12-31-2024 Page 2 of 2
Item 5 — Application of Rates — TaxF"
Taxing Tax Description
Entity
City of PascoPasco Utility Tax
Washington State to n 2 WA Solid Waste Tax
Notes:
Amount of Tax I Application (Commodities)
8.50% 1 Applicable Customers — Revenue
3.60% 1 Applicable Customers — Revenue
1) The City of Pasco Utility Tax of 8.5% is included in the rates defined within this Exhibit C.
2) The Washington State Solid Waste Tax will be applied as a line item to the rates defined
within this Exhibit C.
Item 40 — Material Reguirinc Special Equipment. Precautions. or Disposal
Transportation of solid waste requiring special equipment or precautions in handling or disposal
will be subject to Time Rates named in item 160 — Time Rate-_, or to other specific rates
contained in this Exhibit C.
Contractor will make every effort to be aware of the commodities that require special handling at
the disposal sites. The Contractor shall maintain a list of those commodities and make it
available for public inspection at the Contractor's office.
item 45 — Material Requiring Special Testing and/or Analysis
When the Contractor or disposal facility determines testing and/or analysis of solid waste is
required to determine whether dangerous or prohibited substances are present, the actual cost
for such testing and/or analysis will be paid by the Customer. At the Contractor's election, they
may help provide the Customer with testing and/or analysis of the dangerous or prohibited
substance. If the Contractor elects to help with the testing and analysis, these costs will be
passed through to the Customer.
Item 50 — Returned Check Charges
If a Customer pays with a check and the Customer's bank refuses to honor that check, the
Customer will be assessed a returned check charge in the amount of $42.70,
Exhibit C, Effective 01-01-2024 through 12-31-2024
Page 1 of 20
Item 51 -- Restart Fees
A restart fee will be assessed on all Customers whose service is discontinued for non-payment
and who subsequently reinstate service.
Type of Container
Cart: A restart fee will be assessed to
Cart Customers whose service is
suspended with Cart removed for
non-payment'
Redelivery Restart Fee F Total j
Component Component Restart Fee
$13.43
Container: A restart fee will be assessed
to Container Customers whose service is $26.66
suspended with the Container removed for
non-payment'
Drop Box Container: A restart fee will be
assessed to Drop Box Container
Customers whose service is suspended $67.12
with the Drop Box Container removed for
non-payment'
Drop Box Compactor: A restart fee will
be assessed to Drop Box Compactor NIA
Customers whose service is suspended
for non-payment 2
Notes:
1) Restart fee includes cost of delivery.
$52.94 $66.37
$52.94 I $79.6
$52.94 $120.06
$52.94 $52.94
2) Restart fee excludes the cost of delivery for both Drop Box Compactor Containers and
small Container Compactors.
Item 53 - Customer Preel2ayments
A prepayment of $35.00 will be assessed to all first time (new) Residential Customers. The
prepayment will be applied to the Customer's account in the event of non-payment, after one
year of service, or be returned to the Customer upon termination of the residential service. See
Item 100 — Residential Monthly Rates.
A prepayment equal to the first month's cost of service will be assessed to all first time (new)
Commercial Customers. The prepayment will be applied to the Customer's account in the event
of non-payment, after one year of service, or be returned to the Customer upon termination of
the commercial service. See Item 240 — Container Service —Non-Comc�acted — Comoanv_-
and rn 255 — Container Service — Compacted — Customer -Owned.
A prepayment of $250.00 will be assessed to first time (new) Drop Box Customers. The
prepayment will be applied to the Customer's account in the event of non-payment, after one
Exhibit C, Effective 01-01-2024 through 12-31-2024 Page 2 of 20
year of service, or be returned to the Customer upon termination of the Drop Box service. See
Item 260 — Drop Box Service — Non -Compacted —��wned and item 274 — Drop Box
Service _-_Comracted — Customer -Owned.
A prepayment will be assessed for each temporary service at the time the Customer signs up
for the temporary service. The prepayment will be applied to the Customer's account upon
termination of the temporary service. See Item 240 — Container Service — Non -Compacted —
Companv-Ow and E�m 260 — Drop Box Service — Non -Compacted — Company -Owned.
Item 70— Return Trips
When the Contractor is required to make a return trip that does not require the special dispatch
of a truck, to pick up material that was unavailable for collection for reasons under the control of
the Customer, or if the Customer requests to have a Cart, Container, or Drop Box Container
moved or relocated, the following additional charges, per pickup, will apply:
Type of Container Rate
Residential/Commercial Cart (64-Gallon and 96-Gallon)$13.43
Detachable Container' 226.66
Drop Box Container' $67.12
Note:
1) Return trips requiring special dispatch of a truck are considered special pickups. See
Item 100 — Residential Monthly Rates, _ ,m 240 — Container Service — Non -Compacted
— Company -Owned, Item 255 — Container Service — Compacted — Customer -Owned,
Item 260 — Drop _Bgx Service — Non -Compacted — Comoany-Owned, and
Item 270 — Drop Box Service — Compacted — Customer -Owned.
Item 80 — Car[yout Service
The following additional charges will apply when Customers request that Contractor personnel
provide carryout service for Carts and/or Units not placed at the curb, the alley, or other point
where the Contractor's vehicle can be driven to within five feet of the Carts and/or Units using
improved access roads commonly available for public use. Driveways are not considered
improved access roads commonly available for public use.
Rate
Charge for Carryout Service ' Residential/Commercial
Per Unit, Per Pick Up
Carts/Units that must be carried out over 5 feet but not over 25 $3.96
feet
Exhibit C, Effective 01-01-2024 through 12-31-2024 Page 3 of 20
Rate
Charge for Carryout ServiceResidendal/Commercial
Per Unit, Per Pick Up
For each additional 25 feet, or fraction of 25 feet, add $3.96
Note:
1) Carryout service is provided to disabled Residential Customers free of charge.
Item 100 — Residential Monti Rates
Number of Units Frequency Garbage Recycle Green Waste
or Type of Residential Carts of Service Service Service
Service I Rate Rate Rate
(1) 64-Gallon Residential Cart
WG
$12.22
NIA
NIA
(Senior/Low Income) Only
N/A
(1) 96-Gallon Residential Cart'
WG
$24.47
N/A
(1) Multi Family/Duplex 96-Gallon
WG
$24.47
N/A
N/A
Residential Cart'
WG
$2.52
N/A
N/A
Each Additional 96-Gallon Residential
Cart'
Frequency of Service Codes. WG=Weekly Garbage; N/A=Service is not currently available.
Note:
1) Contractor's collection of solid waste placed outside of the 96-Gallon Residential Cart
shall be at no additional cost unless the materials could reasonably have been placed in
the Residential Cart. Each unit of solid waste not provided in this manner for collection
shall be subject to the solid waste unit rates set forth in Item 150 — Units. Loose and/or
Bulky Material
Charges and Rates
-T Type of Charge Rate
Prepayment' $35.00
Restart Charge 2 $52.94
Special Pickup 64-Gallon 4 (Senior/Low Income) $16.25
Special Pickup 96-Gallon 4 $19.08
Return Trip Charges $13.43
Exhibit C, Effective 01-01-2024 through 12-31-2024
Page 4 of 20
Returned Check Charge 6
Type of Charge Rate
$42.70
Carryout Service 7 (per Cart, per pick up, up to 25 feet) $3.96
Replacement Cart Charge 8 $101.60
Freon Discharge Fee (appliances containing freon) 9 $80.54
Passenger Tire Charge 10
Item 150
Passenger Tire with Rim Charge 10 Item 150
Notes:
1) A prepayment charge of $35.00 will be assessed to a first time (new) Residential
Customer. The prepayment will be applied to the Customer's account in the event of
non-payment, after one year of service, or be returned to the Customer upon termination
of the residential service. See item 53 _- Customer Prepayments.
2) A restart charge of $66. will be assessed on all Residential Customers whose service is
discontinued for non-payment and who subsequently reinstate services. See
Item 51 — Restart Fees.
3) Contractor's collection of Solid Waste placed outside of the 96-gallon Residential Cart
shall be at no additional cost unless the materials could reasonably have been placed in
the Residential Cart. Each Unit of Solid Waste not provided in this manner for collection
shall be subject to the Solid Waste Unit rates set forth on Item 150 — Units, Loose,
and/or Bulky Material.
4) A special pickup is the total of each additional pickup rate plus 'lam 70 — Return Trips,
Additional pickup is calculated by taking weekly service and dividing by 4.33.
5) If the Customer requests the Contractor to make a return trip due to no fault of
Contractor, Contractor shall be permitted to charge the Customer a return trip charge.
See Item 70 — Return Tr ,
6) If a Customer pays with a check and the Customer's bank refuses to honor that check,
the Customer will be assessed a returned check charge. See Item 50 — Returned Check
Char es.
7) Additional charges will apply when Customers request that Contractor provide carryout
services. See _30 — Carryc_ ervice.
8) If a particular Customer repeatedly damages a Residential Cart or requests more than
one replacement Residential Cart during the term of the Contract due solely to that
Customer's negligence or intentional misuse, the Contractor may charge the Customer a
replacement cart charge. If Customer does not return the Residential Cart upon
Exhibit C, Effective 01-01-2024 through 12-31-2024 Page 5 of 20
termination, or service is shut off for non-payment and they refuse to surrender the
Residential Cart, a replacement cart charge will be charged.
9) If a Customer requests Contractor to pick up any appliance that contains freon, the
Customer will be charged a freon discharge fee. See Item 150 - Units Loose and/or
RidM,qterial.
10) A Residential Customer is entitled to have four passenger tires collected and disposed of
from the Residential Customer's private automobile only. In the event Contractor
believes that a Residential Customer is attempting to dispose of quantities of passenger
tires more than what a typical Residential Customer would generate, Contractor shall
require Customer to pay rates provisioned in n 150 uts, LL� _ and/(, _ c1
__ _ _ . Residential service does not include the collection and disposal of truck, semi
or tractor tires.
Item 150 - Units, Loose, and/or Bulky Material
Rate
Minimum Charge Per
Description
Pickup
Residential
Commercial
Rate Per
Residential
Commercial
Solid Waste
Unit 1.2
$1.98
$5.03
unit
$1.98
$5.03
$g 17
$18.78
cubic yard
$9.17
$18.78
B31ky Materials
Appliances
without freon,
$0.00
$19.22
item
$0.00
$19.22
furniture Items 4
$80.54
$105.05
item
$80.54
$105.05
Freon 4
Discharge Fee
Passenger
$6.63
$5.08
item
$5.08
$6.63
Tires
Passenger
Tires with Rims
$8.89
$11.60
item
$8.89
$11.60
s
Truck Tires
$5.92
$8.28
item
$5.92
$8.28
Truck Tires with
$g 87
$13.25
item
$9.87
$13.25
Rims
Semi Tires
$15.24
$19.88
item
$15.24
$19.88
Semi Tires with
$19.05
$24.85
item
$19.05
$24.85
Rims
Exhibit C, Effective 01-01-2024 through 12-31-2024 Page 6 of 20
Notes:
1) Solid waste units and bulky materials charges for Residential Customers only apply
when items are not properly contained for collection as defined in the relevant section of
the Agreement. See Notes 2 and 3 for definition of sizes and containment of solid waste
units and bulky material.
2) A solid waste unit is defined in the Comprehensive Solid Waste Agreement, but
generally means any individual receptacle, can, plastic bag, cart, box, carton, or other
container that does not hold more than 32 gallons, or 4 cubic feet of solid waste, and
which does not weight more than 65 pounds when filled.
3) Bulky material means bags, boxes, bundles; or empty carriers, cartons, crates, or
materials offered for disposal all of which may be readily handled without shoveling (not
loose, uncontairied materials). individual items shall not exceed two feet by two feet by
five feet (2' x 2' x 5') in dimension, and not weigh more than 65 pounds.
4) Residential Customers may dispose of refrigerators, freezers, or other appliances
containing freon with a fee sufficient to cover the Contractor's cost of properly abating
the freon components pursuant to applicable law, or such appliances without a fee if
they do not contain freon and the Residential Customer submits to the Contractor proper
certification of professional evacuation of such freon components.
5) In the event Contractor believes that a Residential Customer is attempting to dispose of
quantities of passenger tires more than what a typical Residential Customer would
generate, Contractor shall require Customer to pay rates provisioned in
Item 150 — Units, Loose, and/or Bulky Material.
Item 160 — Time Rates
Type of Equipment Rate Per Hour
ordered Truck and Driver Each Extra Person Minimum Charge
Single rear drive axle $75.85 $57.96 $57.96
LTandem rear drive axle $115.91 $57.96 $57.96
ApplyiTime Rates
Time Rates named in this item apply in the following situations:
a) Material must be taken to a special site for disposal.
b) Contractor's equipment must wait at, or return to, a Customer's site to provide scheduled
service due to no disability, fault, or negligence on the part of the Contractor. Actual
waiting time or time taken in returning to the site will be charged for.
c) Customer orders a single, special, or emergency pickup, or when other items in this
Exhibit C refer to Item 160 — Time Rates.
Exhibit C, Effective 01-01-2024 through 12-31-2024 Page 7 of 20
Recording and Charging Rates
Time must be recorded and charged to the nearest increment of 15 minutes. Time rates apply
for the period from the time the Contractor's vehicle leaves the terminal, until it returns to the
terminal, or when it leaves its pre -scheduled route and drives towards the Customer's site,
excluding interruptions. An interruption is a situation causing stoppage of service that is in the
control of the company and not in the control of the Customer. Examples include work breaks,
breakdown of equipment, and similar occurrences.
Additional Disposal Fees
Disposal site or facility use may apply additional fees as described in Item 230 — Disposal Fees
in addition to time rates.
Item200 — ,)phcation of Container and/or Drop Box Rates — General
Availability
Contractor must maintain a supply of all sizes of Containers and Drop Box Containers for which
rates are listed in this Exhibit C. If a Customer requests a Container or Drop Box Container of a
size listed in the Contractor's Exhibit C, and the Contractor is unable to provide the requested
size within 7 days of the Customer request, the Customer must be notified in writing or by
telephone.
Alternate -Sized Containers and/or Drop Box Containers
If the Contractor cannot provide the requested size Container or Drop Box Container (and that
size is listed in this Exhibit C), the Contractor must provide alternate -sized Containers or Drop
Box Containers, sufficient to meet the capacity originally requested by the Customer, at the
same rates as would have applied for the requested Container or Drop Box Container.
Disposal Fees for Alternate -Sized Drop Box Containers
If the Contractor provides alternate -sized Drop Box Containers, the Customer is responsible for
all applicable disposal fees resulting from the use of the alternate Drop Box Containers.
Rates for Partially Filled Containers and/or Drop Box Containers
Full pickup and rental rates apply regardless of the amount of waste material in the Container or
Drop Box Container at pick up time.
Rates for Compacted Materials
Rates for compacted material apply only when the material has been compacted before it is
picked up by the Contractor.
Rates for Loose Material
Loose material dumped into the Contractor's packer truck is subject to the rates for
non -compacted material even though the material may be compacted later in the packer truck.
Exhibit C, Effective 01-01-2024 through 12-31-2024
Page 8 of 20
Permanent and Temporary Service
The following rules apply:
a) If a Customer requests a Container or Drop Box Container for less than 90 days, the
Customer will be billed at temporary service rates.
b) If a temporary service Customer notifies the Contractor that it has decided to retain the
Container or Drop Box Container for more than 90 days, permanent service rates will be
assessed from the 91 st day until the end of the period the Customer retains the
Container or Drop Box Container.
c) If a Customer requests a Container or Drop Box Container for more than 90 days, the
Customer will be billed under permanent rates. If that Customer cancels service before
the end of the 90-day period, the Contractor may not rebill the Customer at temporary
service rates. The intent of the Customer at the time service was requested applies.
Item 205 — Roll -Out Charges and Gate Charges — Carts and Detachable
Containers
Charges for Carts and Containers
The Contractor will assess roll -out charges where, due to circumstances outside of the control
of the Contractor, the Contractor is required to move the Cart or Container more than ten (10)
feet, but less than twenty (20) feet, to reach the truck.
The Contractor will assess a gate charge where the driver is required to unlock a container or
locking bar, open and/or unlock an enclosure, or open a gate to access a Cart or Container.
Charge Type
Roll -Out Cart
Roll -Out Container
Gate Charge
Rate
$3.96
$3.96
Unit
per Cart, per pickup
per Container, per pickup
per pickup
Item 207 — Excess Weight — Rejection of Load. Charges to Transport
Weight Limits
The Contractor reserves the right to reject pick up of any Container, Stationary Packer, or Drop
Box Container which, upon reasonable inspection:
1) Appears to be overloaded.
2) Would cause applicable vehicle load limitations to be exceeded.
3) Would cause the company to violate load limitations or result in unsafe vehicle
operation.
Exhibit C, Effective 01-01-2024 through 12-31-2024 Page 9 of 20
4) Would negatively impact or otherwise damage road surface integrity.
5) Contains anything that appears not to be Municipal Solid Waste (MSW) or could do
damage to the vehicle.
For the purposes of this Exhibit C, the following maximum weights apply:
Type/Size of Container, Drop Box, or Maximum Weight Allowance per Receptacle
Cart (in pounds)
Carts — 64-Gallon
Carts — 96-Gallon
Detachable Containers —1.5 to 8 cu yds
Drop Boxes —All Sizes
120 pounds
180 pounds
1,200 pounds
20,000 pounds
Transporting Overfilled or Overweight Cart, Container, or Drop Bo;,
If the Cart, Container, or Drop Box Container exceeds the limits stated above, is filled beyond
the marked fill line, or the top is unable to be closed, but the Contractor transports the materials,
the following additional charges will apply.
Type/Size of Container, Drop Box, or Cart
Carts — All Sizes
Detachable Non -Compact Containers —1.5 to 8 cu yds
Detachable Compact Containers —1.5 to 8 cu yds
Drop Box Containers — All Sizes '
Note:
i
Charge F unit
$6.33 per pickup
$18.78 per yard
$37.55 per yard
$27.20 per ton (C)
1) if a Drop Box Container is hauled and the weight exceeds the legal limit identified in
Item 207 cess _ ;_ ,ns or,, the Contractor will
assess an additional charge per ton for any weight over the limit. See
Item 230 — Disposal Fees.
Item 210 —Washing and Sanitizing Carts, Containers, and Drop Boxes
Upon Customer request, the Contractor will provide washing and sanitizing service at the
following rates:
Exhibit C, Effective 01-01-2024 through 12-31-2024 Page 10 of 20
Delivery Fee Steam Clean Total
Size or Type of Container or Drop Box Component Component Steam Clean
Charge
Steam Cleaning — Residential Cart 2
Steam Cleaning — Detachable Container'
Steam Cleaning — Drop Box'
Note:
Item 100
Item 100
$26.66
$22.76
$67.12
$55.50
Item 100
$49.42
$122.62
1) At Customer request, Contractor shall clean Detachable Containers and Drop Box
Containers at no additional cost, not more often than once per year. If Customer
requests to have Detachable Container or Drop Box Container cleaned more often than
once per year, Ite- Sanit!-�^.i Cats ^---tainer�_ and Droo Boxes
rates will apply. The rate for washing and sanitizing Detachable Containers and Drop
Box Containers includes the fee for delivering the newly cleaned Detachable Container
or Drop Box Container back to the Customer's location.
2) See Item 100 —Residential Monthly Rates.
Item 230 — Disoosal Fees
Charges herein apply when other items in this Exhibit C specifically refer to this
Item 230 — Disposal Fees.
Type of Material _ Disposal Fee
Municipal Solid Waste', 2 $65.86
Green Waste 3
Commingled Recycle —
Notes:
1) The disposal fee includes the Pasco Utility Tax of 8.5%
NIA
N/A
2) Disposal fees for MSW apply to Item 207 — Excess Weioht.— Refection of Load. Charles
to Trar� gq, Item 260 Sox Service - Non -Compacted — Company —
Item 27 — Droo Box Service — Compacted Customer -Owner, and possibly
m 150 — Units Lor �., and/or Bulty Material, if the material can reasonably be
weighed.
3) Disposal fees for Green Waste and Commingled Recycle materials are only applicable if
specifically authorized by the Agreement. During the effective dates of this Exhibit C,
disposal fees for green waste and commingled recycle are not authorized by the
Agreement.
Exhibit C, Effective 01-01-2024 through 12-31-2024 Page 11 of 20
Item 240 - Container Service - Non-Com2acted - Comp Dy-0wned
Non -Compacted Company -Owned Commercial Cart
Permanent Service Rates for the City of Pasco
32-Gallon Can
Permanent Service' s
64-Gallon Cart
96-Gallon Cart
; is (N)
Pickup - one time per week
$28.78
$53.26
26.85 (N)
Pickup - two times per week
$57.56
$106.52
53.70 (N)
Pickup - three times per week (N)
N/A
N/A
80.55 (N)
Special Pickups `
$20.08
$25.73
$19.63 (N)
$6.64
Additional Pickup 4
$12.30
$13.43
6.20 (N)
Return Trip Charges
$13.43
$13.43 (N)
Restart Charge a
$120.06
$250.00
$52.94
$250.00
N/A
Prepayment s
N/A
Temporary Service Rates
64-Gallon Cart 96-Gallon Cart
Temporary Service
Delivery
Per Pick Up Rate
300-Gallon
Container
$26.66
$13.43
$13.43
$9.30
$17.21
$60.56
Rent Per Calendar Day
FPrepayment a
$7.04
$7.04
$7.04
$125.00
$125.00
$125.00
Accessorial Charges
Accessorial charges include charges for lids, unlocking cart, unlatching cart, etc.
a) A gate charge will be assessed on each pickup where the driver is required to unlock a
container, locking bar, enclosure or open a gate to access a Cart or Container. See
Item 205 - Roll -Out Charctes and Gate Charces_ Carts _and_Detachable Containers.
b) Additional charges will apply when a Customer requests that Contractor provide
Carryout Service. See :m 80 -Carr yout Service.
Notes:
1) Rates are stated per Commercial Cart, per month.
Exhibit C, Effective 01-01-2024 through 12-31-2024 Page 12 of 20
0
2) Permanent service is defined as no less than scheduled, every week pickup. Customer
will be charged for service requested, even if fewer Containers are serviced on a
particular trip. No credit will be given for partially filled Containers.
3) Permanent Service: A prepayment will be assessed to all first time (new) Commercial
Customers. The prepayment will be applied to the Customer's account in the event of
non-payment, after one year of service, or be returned to the Customer upon termination
of the commercial service.
4) A Special Pickup requires the special dispatch of a truck and is the total of each
Additional Pickup rate plus a Return Trip charge. See .tern 70 — Return Trim:. Additional
pickup is calculated by taking weekly service rate and dividing by 4.33.
5) If the Customer requests the Contractor to make a Return Trip due to no fault of
Contractor, the Return Trip charge shall apply. See Item 70 — Return Trios.
6) Restart subject to m 51 — Restart. Fees.
7) Additional charges will apply when a Customer requests that
Contractor provide carry -out services. See ern 8.0 — Carryout Service.
8) A prepayment will be assessed to all Customers requesting temporary service carts.
9) Temporary service shall apply for all service requests that do not exceed ninety (90)
consecutive days in any calendar year. If the Customer requires a Cart for a longer
period, the Contractor may require the Customer to select the appropriate commercial
service plan.
10) The prepayment will be applied to the Customer's account upon termination of the
temporary service as a credit against amounts owed to the Contractor.
11) If a Customer requests Contractor to pick up any appliance that contains freon, the
Customer will be charged a freon discharge fee. See em 150 — Units Loose and/or
_!ky Material.
12) Only the city of Pasco may request the 32-Gallon Can service. (N)
Non -Compacted Company -Owned Commercial Container
Non -compacted material rates are stated per Commercial Container per month within the city of
Pasco.
Permanent Service Rates
Permanent Size or Type of Container
Service' °2 1.5 Yard 2 Yard 3 Yard 4 Yard
Pickup - One $145.93 $172.45 $198.98 $245.41
Time per Week
Pickup - Two $281.24 $331.65 $384.70 $484.21
Times per Week
Exhibit C, Effective 01-01-2024 through 12-31-2024
6 Yard 8 Yard
$311.75 $397.99
$616.85 $776.05
Page 13 of 20
Size or Type of Container
Permanent
I Service' ,2
1.5 Yard
2 Yard
3 Yard
4 Yard
6 Yard
8 Yard
Pickup - Three $424.52 $497.48 $577.07 $716.37 $915.36 $1167.40
Times per Week
Pickup - Four
$563.82 $656.66 $756.15 $935.26 $1207.20 $1525.59
Times per Week
Pickup -Five
$689.84 $809.22 $935.26 $1154.13 $1512.32 $1890.38
Times per Week
Special Pickup Rates
Size or Type of Container
Service
1.5 Yard
2 Yard
3 Yard
4 Yard
6 Yard
8 Yard
Special Pickups 4
$60.36
$66.49
$72.61
$83.34
$98.66
$118.57
Return $26.66 $26.66 $26.66 $26.66 $26.66 $26.66
Trip Charge
Additional $33.70 $39.83 $45.95 $56.68 $72.00 $91.91
Pickup
Restart Charges $52.94 $52.94 $52.94 $52.94 $52.94 $52.94
Temporary Service Rates
Temporary Size or Type of Container
Service 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard
Delivery N/A N/A $26.66 C $26.66 $26.66 $26.66
�-Pickup Rate
N/A
N/A
$73.29
$86.55
$106.46
$133.00
Rent Per
NIA
N/A
$7.04
$7.04
$7.04
$7.04
Calendar Day
Prepayment 3 N/A NIA $125.00 $125.00 $125.00 $125.00
Accessorial Charges
Accessorial charges include charges for lids, unlocking cart, unlatching cart, etc.
a) A gate charge will be assessed on each pick-up where the driver is required to unlock a
container, locking bar, enclosure or open a gate to access a Cart or Container. See
Item 205 - Roll -Out Charges and Gate Chaf,yes - Carts and Detachable Containers.
b) A return trip charge will be assessed when the Contractor is required to make a return
trip that does not require the special dispatch of a truck, to pick up a Cart, Container, or
Exhibit C, Effective 01-01-2024 through 12-31-2024 Page 14 of 20
solid waste material or unit(s) that was unavailable for collection for reasons under the
control of the Customer. See --m_70 - Return
c) If Customer requires a Locking Container, a one-time fee of $115.91 will be assessed.
Notes:
1) Permanent service is defined as no less than scheduled, every week pickup. Customer
will be charged for service requested, even if fewer containers are serviced on a
particular trip. No credit will be given for partially filled containers.
2) A prepayment is equal to the first month's cost of service and will be assessed to all first
time (new) Commercial Customers. The prepayment will be applied to the Customer's
account in the event of non-payment, after one year of service, or be returned to the
Customer upon termination of the Commercial Service. See !�m 240 - Container
Service - Non -Compacted - Company -Owns: and item 255 - Container Service -
Compacted - Customer -Owned.
3) A prepayment will be assessed to all Commercial Customers requesting temporary
service Containers. The Prepayment will be applied to the Commercial Customer's
account upon termination of the temporary service as a credit against amounts owed to
the Contractor.
4) The special pickup rate is the total of each additional pickup rate plus return trip fee. See
`'gym 70 - P-.turnD Trips
5) Restart subject to Item 51 - Restart Fees.
6) If a Customer requests Contractor to pick up any appliance that contains freon, the
Customer will be charged a freon discharge fee. See :m 7 5u -units, Loose and/or
Bulky Material.
Item 255 — Container Service -- Compacted Customer -Owned
Compacted Material Rates are stated per Detachable Container, per month within the City of
Pasco.
Permanent Service Kate
r
Permanent
2 Yard
Service
Pickup - One
Time per Week
$225.98
Pickup - Two
Times per Week
$451.96
$78.85
Special Pickups 2
Size or Type of Container
3 Yard 4 Yard 6 Yard
$272.43 $332.11 $431.62
$544.86
$89.58
8 Yard
N/A
$664.22 $863.24 NIA
$103.36 $126.34 N/A
Exhibit C, Effective 01-01-2024 through 12-31-2024 Page 15 of 20
Permanent
Size or Type of Container
Service
2 Yard
3 Yard
4 Yard
6 Yard
8 Yard
Additional
$52.19
$62.92
$76.70
$99.68
N/A
Pickup
Return
$26.66
$26.66
$26.66
$26.66
N/A
Trip Charge
$52.94
Restart Charge 3
$52.94
$52.94
$52.94
N/A
Accessorial Charges
Accessorial charges include charges for lids, unlocking cart, unlatching cart, etc.
a) A gate charge will be assessed on each pickup where the driver is required to unlock a
container, locking bar, enclosure or open a gate to access a Cart or Container. See
Item 2Ub — Koll-Uut Unarges and Gate Gnarges — uans and Deiacnable Containers.
b) A return trip charge will be assessed when the company driver is required to make a
return trip that does not require the special dispatch of a truck, to pick up a Cart or
material that was unavailable for collection for reasons under the control of the
Customer. See Item 70 - '' ,ern Trips.
c) A disconnect/reconnect fee of $3.95 per pickup will be assessed when Containers are
attached to a compactor that requires disconnecting or reconnecting.
Notes:
1) Permanent service is defined as no less than scheduled, every week pickup. Customer
will be charged for service requested, even if fewer containers are serviced on a
particular trip. No credit will be given for partially filled containers.
2) Special pickup is the total of each additional pickup rate plus ern 70 — Return Trips.
3) Service restart subject restart fees. See Item 51 - Restart..Fees.
4) If a Customer requests Contractor to pick up any appliance that contains freon, the
Customer will be charged a freon discharge fee. See Item 150 — Units Loose and/or
Bulky Material.
Item 260 — Drop Box Service — Non -Compacted — Company -Owned
Non -Compacted Material Rates are stated per Drop Box, per pick-up.
Exhibit C, Effective 01-01-2024 through 12-31-2024 Page 16 of 20
Permanent Service Rates for City of Pasco
Permanent
Service 2
Size or Type of Container
11 and 15 Yard
20 Yard
30 Yard
40 Yard
50 Yard
Delivery Charge
$67.12
$67.12
$67.12
$67.12
$67.12
Haul Charge
$170.82
$176.92
$183.01
$195.23
$207.42
Trip Charge
$67.12
$67.12
$67.12
$67.12
$67.12
Restart fee 5
$52.94
$52.94
$52.94
$52.94
$52.94
Prepayment 7
$250.00
$250.00
$250.00
$250.00
$250.00
Minimum Monthly
Charge 3
$170.82
$176.92
$183.01
$195.23
$207.42
Mileage Charge s
$3.95/mile
Temporary Service Rates
Temporary
Service 4
Size or Type of Container
11 and 15 Yard
20 Yard
30 Yard
40 Yard
50 Yard
Delivery Charge
$67.12
$67.12
$67.12
$67.12
$67.12
Haul Charge
$171.12
$177.20
$183.30
$195.51
$207.71
Trip Charge
$67.12
$67.12
$67.12
$67.12
$67.12
Daily Rental
Charge
$9.15
$9.15
$9.15
$9.15
$9.15
Prepayment 7
$250.00
$250.00
$250.00
$250.00
$250.00
Mileage Charges
$3.95/mile
Accessorial Charges
Accessorial charges include charges for lids, unlocking cart, unlatching cart, etc.
a) A gate charge will be assessed on each pick up where the driver is required to unlock a
container, locking bar, enclosure or open a gate in order to access a Cart or Container.
See Item 205 _=Roll -Out Charges and Gate Charges -Carts and Detachable
Containers.
b) A trip charge will be assessed when the company driver makes a trip to the Customer's
location, but due to reasons under the control of the Customer, was not able to complete
the haul. See Item 70 - Return Trios.
Exhibit C, Effective 01-01-2024 through 12-31-2024 Page 17 of 20
Notes:
1) Rates in this item are subject to disposal fees named in Item 150 - Units. Loose and/or
Bulky Material, Item 20.Excess Weight - Rejection of Load es to Transport,
and ;230 - Di Dosal Fees.
2) Permanent service means Drop Box service provided at Customer's request for more
than 90 days.
3) For permanent service accounts, if a Drop Box is retained by a Customer for a full month
and no pickups are ordered, a minimum monthly rent charge will be assessed.
4) Temporary service means providing Drop Box service at the Customer's request, for a
period of 90 days or less.
5) Restart subject to m_51 - Restart Fees.
6) Rates named in this item apply for all hauls within the city limits of Pasco, to the disposal
site. Any miles driven outside the city limits of Pasco will be charged at $3.95 per mile.
Mileage charge is in addition to all regular charges.
7) A prepayment will be assessed on permanent and temporary service accounts as noted
above. The prepayment will be applied to the Customer's account in the event of non-
payment or be returned to the Customer upon termination of service. For permanent
Drop Boxes, the prepayment will be applied to Customer account upon termination or
after one year.
8) if a Customer requests Contractor to pick up any appliance that contains freon, the
Customer will be charged a freon discharge fee. See -m 1 bu - Units, Loose, and/or
Bulky Material.
Item 270 — Drop Box Service — Compacted — Customer -Owned
Compacted material rates are stated per Drop Box, per pickup for the city of Pasco service
area.
Permanent Service Kates
Permanent Service
Size or Type of Container
--r-
-
11 and 15 Yard 20 and 25 Yard 130 and 35 Yard
40 Yard
Delivery Charge
N/A
N/A
N/A
N/A
Haul Charge
$210.59
$210.59
$210.59
$210.59
Trip Charge
$67.12
$67.12
$67.12
$67.12
Prepayment 3
$250.00
$52.94
$250.00 $250.00
$52.94 $52.94
$250.00
Restart Charge 2
$52.94
Exhibit C, Effective 01-01-2024 through 12-31-2024
Page 18 of 20
Size or Type of Container
Permanent Service -- -
11 and 15 Yard 20 and 25 Yard 30 and 35 Yard F40 Yard
Mileage Charge $3.95/mile
Accessorial Charges
Accessorial charges include charges for lids, unlocking cart, unlatching cart, etc.
a) A gate charge will be assessed on each pick up where the driver is required to unlock a
container, locking bar, enclosure or open a gate to access a Cart or Container. See
item 2U5 - Koll-out GIB_ 1 ,s and Gate Gnarges - Garts and Uetacnaui (_;ontainers.
b) A Compactor disconnect/reconnect charge of $3.95 per haul will be assessed when
Drop Boxes with compactors require connecting or disconnecting.
c) A trip charge will be assessed when the company driver makes a trip to the Customer's
location, but due to reasons under the control of the Customer, was not able to complete
the haul. See item 70 - Ke[u�s.
d) A turn around charge of $36.58 per haul will be assessed when company driver must
turn the Drop Box around to empty and/or re -connect the Drop Box.
e) Rates named in this item apply for all hauls within the city limits of Pasco, to the disposal
site. Any miles driven outside the city limits of Pasco will be charged $3.95 per mile.
Mileage charge is in addition to all regular charges.
Notes:
1) Rates in this item are subject to disposal fees named in Item 230 - Disposal Fees.
2) Restart subject to Item b1 - Kestart reek.
3) A prepayment will be assessed on all (new) Drop Box Compactor service accounts as
noted above. The prepayment will be applied to the Customer's account in the event of
non-payment or be returned to the Customer after one year.
4) If a Customer requests Contractor to pick up any appliance that contains freon, the
Customer will be charged a freon discharge fee. See 1 «111 , .,O - ui i„, Lu. ,
Bulkx Material.
Item 300 -- List of Abbreviations and Symbols Used in this Exhibit
(C) Denotes changes in wording
(N) Denotes new rates, services, or rules
(N/A) Denotes not available
Exhibit C, Effective 01-01-2024 through 12-31-2024 Page 19 of 20
***denotes that material previously shown has been deleted
Yd. Or yd. Are abbreviations for yard
Cu. Or cu. Are abbreviations for cubic
Exhibit C, Effective 01-01-2024 through 12-31-2024 Page 20 of 20
EXHIBIT B
COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT
City of Pasco
and
Basin Disposal, Inc.
November 16, 2015
Table of Contents
I. RECITALS, AGREEMENT, DEFINITIONS.................................................................... 1
2. AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT .............. 1
3. TERM;
AUTOMATIC EXTENSIONS.............................................................................. 1
3.1.
Term...................................................................................................................1
3.2.
Automatic Extensions........................................................................................2
4. SCOPE
OF WORK............................................................................................................. 2
4.1.
General Terms and Conditions .................................. ................2
........................
4.2.
City Service Area...............................................................................................2
4.3.
Sole and Exclusive Solid Waste Service Provider.............................................2
4.4.
Annexation.........................................................................................................3
4.5.
Unsafe Conditions at Pick -Up Locations...........................................................4
4.6.
Hours/Days of Operation...................................................................................4
4.7.
Employee Conduct.............................................................................................4
4.8.
Disabled Persons Service...................................................................................5
4.9.
Holiday Schedules.............................................................................................5
4.10.
Inclement Weather and Other Service Disruptions...........................................5
4.11.
Suspending Collection from Problem Customers..............................................5
4.12.
Missed Collections.............................................................................................6
4.13.
Schedule of Solid Waste Collection..................................................................6
4.14.
Required Equipment and Signs on Vehicles; Maintenance of Vehicles and
Equipment..........................................................................................................6
4.15.
Residential Carts and Containers Inventory......................................................7
4.16.
Ownership of Equipment...................................................................................7
4.17.
Spillage..............................................................................................................7
4.18.
Disruption Due to Construction.........................................................................7
4.19.
Site Planning Assistance....................................................................................8
4.20.
Safeguarding Public and Private Property.........................................................8
4.21.
Company Name.................................................................................................8
4.22.
Coordination between City and Contractor.......................................................8
4.23.
Disposal Restrictions and Requirements...........................................................9
4.24.
Disposal Site for Solid Waste............................................................................9
4.25.
Adjustment of Service Level for Certain Customers.........................................9
Comprehensive Solid Waste Collection Agreement
Page ii
4.26.
Violation of Ordinance......................................................................................9
4.27.
Public Information.............................................................................................9
4.28.
Compaction of Solid Waste.............................................................................10
5. SOLID WASTE SERVICE..............................................................................................
10
5.1.
Residential Service ....................................................
5.1.1.
Residential Customer Solid Waste Service......................................................10
5.1.2.
Residential Carts..............................................................................................10
5.1.3.
Senior, Low Income Discount.........................................................................11
5.1.4.
Household Hazardous Waste Program............................................................13
5.2.
Commercial Service ............................................. ....13
........................................
5.2.1.
Commercial Customer Solid Waste Service....................................................13
5.2.2.
Commercial Containers...................................................................................14
5.2.2.1
Container Types...............................................................................................14
5.2.2.2.
General Terms and Conditions Applicable to Commercial Containers ...........
14
5.2.2.3.
Additional Fees................................................................................................15
5.2.2.4.
Customer -Owned Drop -Box Containers..........................................................15
5.3.
Temporary Solid Waste Service Plans.............................................................16
5.4.
Solid Waste Service to City Properties and Facilities.....................................16
5.5.
Recyclable Materials and Green Waste...........................................................17
5.6.
Miscellaneous Solid Waste Services...............................................................17
5.7.
Customer Service ...................................
5.7.1.
Customer Service Office..................................................................................18
5.7.2.
Complaints.......................................................................................................18
5.7.3.
Emergency Contact..........................................................................................19
5.8.
Reports.............................................................................................................19
6. COMPENSATION...........................................................................................................
19
6.1.
Basis for Determination of Solid Waste Service Rates...................................19
6.2.
Compensation for Solid Waste Services..........................................................19
6.3.
Adjustment to Solid Waste Service Rates.......................................................20
6.3.1.
Annual Rate Adjustment..................................................................................20
6.3.2.
Adjustments to Tipping Fees and Disposal Fees.............................................20
6.3.3.
Fuel Expense Adjustments...............................................................................21
6.3.4.
Annual Rate Adjustment Cap..........................................................................21
6.3.5.
Solid Waste Disposal Cost Adjustment...........................................................22
Comprehensive Solid Waste Collection Agreement
Page iii
6.3.6.
Tax Additive
....................................................................................................22
6.3.7.
Other Modifications.........................................................................................22
6.3.8.
Changes in Impositions or Other Laws............................................................23
6.3.9.
Termination by Contractor...............................................................................23
6.4.
Billing for Solid Waste Services; Delinquent Accounts..................................23
6.5.
Delinquent Accounts and other Customer Defaults.........................................24
7.
PERFORMANCE FEES, DEFAULT AND REMEDIES ................................................
24
7.1.
Performance Fees.............................................................................................24
7.2.
Default and Remedies......................................................................................25
8.
NOTICES
..........................................................................................................................25
9.
INSURANCE AND BOND REQUIREMENTS..............................................................
26
9.1.
General Insurance Requirement.......................................................................26
9.2.
Minimum Scope of Insurance..........................................................................26
9.3.
Minimum Amounts of Insurance.....................................................................26
9.4.
Deductibles and Self -Insured Retentions.........................................................27
9.5.
Other Insurance Provisions..............................................................................27
9.6.
Acceptability of Insurers..................................................................................27
9.7.
Verification of Coverage..................................................................................27
9.8.
Subcontractors..................................................................................................27
9.9.
Performance Bond/Surety................................................................................27
10.
GENERAL TERMS..........................................................................................................
28
10.1.
Indemnification................................................................................................28
10.1.1.
Indemnify and Hold Harmless.........................................................................28
10.1.2.
Notice to Contractor; Defense.........................................................................28
10.1.3.
Industrial Insurance Immunity Waiver............................................................29
10.2.
Transfer of the Contract...................................................................................29
10.2.1.
Assignments, Subcontracts and Delegations...................................................29
10.2.2.
Changes in Control..........................................................................................29
10.3.
Legal................................................................................................................30
10.3.1
Laws to Govern/Venue....................................................................................30
10.3.2
Attorney Fees...................................................................................................30
10.3.3
Arbitration........................................................................................................30
10.4.
Compliance With Laws....................................................................................30
10.5.
Non-Discrimination.........................................................................................30
Comprehensive Solid Waste Collection Agreement
Page iv
10.6.
Permits and Licenses........................................................................................31
10.7.
Relationship of Parties.....................................................................................31
10.8.
Bankruptcy.......................................................................................................31
10.9.
Right to Renegotiate or Amend.......................................................................31
10.10.
Force Majeure..................................................................................................32
10.10.1
Force Majeure Events......................................................................................31
10.10.2
Force Majeure Occurrences of Non-Default....................................................32
10.11.
Illegal Provisions/Severability.........................................................................32
10.12.
Waiver..............................................................................................................32
10.13.
Entirety.............................................................................................................33
Comprehensive Solid Waste Collection Agreement
Page v
COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT
This Comprehensive Solid Waste Collection Agreement ("Agreement") is made and
entered into this 16 day of November, 2015 ("Effective Date"), by and between the City of
Pasco, a Washington municipal corporation (the "City"), and Basin Disposal, Inc., a Washington
corporation ("Contractor").
RECITALS
A. Contractor desires to provide, and has the experience, resources and expertise
necessary, to perform solid waste collection services.
B. Contractor currently provides solid waste collection service to the City under an
agreement executed on March 15, 1993 (as amended, the "Original Agreement"), which will
expire not sooner than December 31, 2022.
C. The City and Contractor desire to amend and replace the Original Agreement in
its entirety to recognize, among other things, the extensive, on -going capital investment made
by Contractor to achieve and pass on to customers the cost savings from the efficiencies
gained thereby.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
promises herein contained, the City and Contractor do hereby agree as follows:
AGREEMENT
1. DEFINITIONS
Capitalized terms used in this Agreement shall have the meanings given them in
Exhibit A.
2. AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT
Effective as of the Commencement Date, the Original Agreement is hereby amended
and replaced in its entirety by this Agreement.
3. TERM; AUTOMATIC EXTENSIONS
3.1. Term
The initial term of this Agreement ("Term") shall be for fifteen (15) years,
commencing on January 1, 2016 (the "Commencement Date"), and expiring on the day
before the sixteenth (16th) anniversary of the Commencement Date (the "Expiration
Date").
Comprehensive Solid Waste Collection Agreement
Page 1
3.2. Automatic Extensions
On each anniversary of the Commencement Date, the Expiration Date shall
automatically be extended by one (1) year unless either party has given ninety (90)
days written notice of termination to the other party, in which case the Agreement shall
terminate on the Expiration Date in effect as of the date of such written notice of
termination.
4. SCOPE OF WORK
4.1. General Terms and Conditions
Contractor shall collect, transport and dispose of all Solid Waste, Household
Hazardous Waste and any other materials herein authorized, from each and every
Customer within the Service Area pursuant to the terms and conditions of this
Agreement.
4.2. City Service Area
Contractor shall provide all of the services described in this Agreement to the entire
City Service Area.
4.3. Sole and Exclusive Solid Waste Service Provider
During the Term of this Agreement, Contractor shall be the sole and exclusive provider
to manage, collect, transport and dispose of Solid Waste and Household Hazardous
Waste, and, as applicable, to manage, collect, transport and process Recyclable Materials
and Green Waste subject to a separate collection service requested by the City or the
jurisdiction of the WUTC upon adoption of an appropriate jurisdictional overlay granting
such authority to the WUTC, all as more particularly described in Section 5.5. herein, and
any other materials authorized for collection pursuant hereto, within the City Service
Area. When requested by Contractor, the City shall seek to enforce the rights the City
has granted to Contractor hereunder; however, the City shall not be obligated to instigate
litigation to protect the right of Contractor. Contractor may independently enforce its
rights under this Agreement against third party violators, including but not limited to
seeking injunctive relief, and the City shall use good faith efforts to cooperate in such
enforcement actions brought by Contractor (without obligating the City to join any such
litigation). Such efforts may include but not be limited to cease and desist letters,
assistance with documenting violations and other activities. Notwithstanding the
foregoing, the City shall enforce its municipal code in the ordinary course against any
third parties providing unauthorized Solid Waste service.
Any material discarded by a Customer for which it pays to collect, process and/or dispose
of the material shall constitute "Solid Waste" subject to all terms and conditions of this
Agreement. This Agreement will not apply to Solid Waste, Recyclable Materials, Green
Waste, Household Hazardous Waste and Agricultural Processed Waste self -hauled by the
generator, or Green Waste generated and hauled by private landscaping services.
Comprehensive Solid Waste Collection Agreement
Page 2
4.4. Annexation
If additional territory is added to the City through annexation or other means,
Contractor shall make collections in such annexed areas in accordance with the
provisions of this Agreement at the unit prices set forth in this Agreement, provided
however, the remaining Term of this Agreement shall not be less than fifteen (15) years
from the effective date of such annexation. If the City has given Contractor a notice of
termination of this Agreement prior to such annexation, the annexed area shall not be
added to this Agreement except with the written consent of Contractor, which may be
withheld at the sole discretion of Contractor. If the annexed area is added to this
Agreement, the parties shall execute an amendment to this Agreement consistent with
the provisions of this section, including the replacement of Exhibit B depicting the City
Service Area. If Contractor possesses a WUTC certificate or other franchise for Solid
Waste collection in the annexed area at the time of annexation, the amendment of this
Agreement to add the annexation area to the City Service Area shall be in lieu of the
grant of a franchise pursuant to RCW 35.13.280 or RCW 35.A.14.900, as applicable,
and Contractor shall waive and release its right to claim any damages or compensation
from the City arising out of the cancellation of any pre-existing permit, certificate or
franchise held by Contractor prior to annexation, and further specifically waives the
right to receive any additional compensation or any rights of collection in the newly -
annexed territory beyond what is provided herein. Subject to the provisions hereof,
Contractor acknowledges that its certificate applicable to those future annexation areas
shall be cancelled effective the date of annexation by the City.
If a party other than Contractor holds the WUTC certificate for any such future
annexed territory, the City shall work with such party in good faith using commercially
reasonable efforts to provide for the timely termination of such party's right to provide
Solid Waste collection service to the subject annexation area. Upon termination of
such party's right to provide Solid Waste service to said annexation area, the parties
shall cause the subject annexation area to be added to the City Service Area as
provided above and subject to the terms and conditions of this Agreement. The City
will indemnify, hold harmless and defend Contractor from any and all claims, actions,
suits, liabilities, losses, costs, expenses and damages, including costs and attorney fees,
asserted by such parties providing solid waste collection service arising from
Contractor's service in such annexed territory pursuant to this Agreement.
The City acknowledges that Contractor shall require a reasonable amount of time to
secure the necessary equipment, including but not limited to vehicles, Residential Carts
and Containers, to service the annexed area, and shall not penalize Contractor for
reasonable delays in the provision of services to annexed areas covered by this
Agreement due to procurement delays that are not within the commercially reasonable
control of Contractor. Customers within the annexed area shall receive the Residential
Carts and Containers described herein in accordance with the provisions of this
Agreement. In the event that an annexed area is being serviced with Residential Carts
and Containers different from the City's program, Contractor shall be responsible for
timely Customer notification and removal of the existing Residential Carts and
Comprehensive Solid Waste Collection Agreement
Page 3
Containers and delivery of appropriate Residential Carts and Containers within a
reasonable time.
4.5. Unsafe Conditions at Pick -Up Locations
If, in Contractor's commercially reasonable discretion, a Customer is located in an area
that does not permit safe access, turn -around or clearance for Contractor's vehicles,
Contractor shall provide Solid Waste service to such Customer provided the Customer
sets out its materials adjacent to the nearest Public Street or Private Road allowing such
safe access and Contractor is provided with reasonable advance notice of such location.
Contractor shall use commercially reasonable efforts to work with such Customer to
determine a safe location in compliance with applicable law. If Contractor in its
commercially reasonable discretion determines that a Private Road cannot be safely
negotiated or that providing drive-in service for Residential Customers shall be
impractical due to distance or unsafe conditions, Contractor and the City shall evaluate
the on -site conditions and make a determination of the best approach for providing Solid
Waste service to the affected Residential Customers. Contractor and the City shall
present feasible service options to the Customers concerning the nearest safe and
mutually convenient pick-up location. If Contractor believes that its vehicles shall cause
damage to a Private Road in the ordinary course of operation, Contractor may withhold
Solid Waste service from the respective Customers until such Customers provide a
damage waiver agreement to Contractor.
4.6. Hours/Days of Operation
Contractor shall make Solid Waste collections from Single -Family Residences, Multi -
Family Complexes and Mixed -Use Buildings on Monday through Friday between the
hours of 7:00 a.m. and 6:00 p.m., provided, however, that the City may authorize from
time to time temporary extensions or written exemptions of the collection period to
accommodate the special needs of Customers, provided further however, that Contractor
may conduct from time to time Solid Waste collections on Saturdays to the extent
necessary to make up missed collections. Contractor shall make Solid Waste collections
from non -Residential Commercial Customers on Monday through Friday between the
hours of 5:00 a.m. and 6:00 p.m. provided; however, the City shall have the authority to
notify the Contractor of which Commercial areas are located near Residential zoned
areas, and shall be subject to the Residential collection hours.
4.7. Employee Conduct
Contractor shall require its employees at all times on routes to be courteous, refrain from
making loud, inappropriate or obscene language, exercise due care, perform their work
efficiently and expeditiously, and avoid damage to public or private property. Contractor
shall further require its employees to use only that portion of private property reasonably
necessary to complete their duties, and to the extent reasonably possible, stay within
regular pedestrian walkways and paths and avoid crossing flower beds and hedges.
Contractor's employees shall wear reasonably clean and presentable clothing while on
Comprehensive Solid Waste Collection Agreement
Page 4
their routes. If the City gives written notice to Contractor of any employee of Contractor
failing to comply with the above requirements, Contractor shall use commercially
reasonable efforts to remedy the issue as soon as possible, including temporarily or
permanently removing such employee from all further performance of the work described
in this Agreement.
4.8. Disabled Persons Service
Contractor shall provide, at no additional expense, carry -out service of Solid Waste to
those Residential Customers that suffer from a documented disability that prevents them
from placing a Residential Cart at the Curb. The Residential Customer shall provide
Contractor with verifiable information and complete the appropriate documentation prior
to such service being provided. Contractor's criteria for carry -out service shall comply
with all local, state and federal regulations, and shall be subject to the City's review and
approval prior to program implementation.
4.9. Holiday Schedules
Contractor shall provide regular Residential and Commercial collection services on all
weekdays, Monday through Friday inclusive, regardless of any holidays that may be
observed. Drop -Box Container collection service shall not be performed on New Year's
Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas.
4.10. Inclement Weather and Other Service Disruptions
If, in Contractor's commercially reasonable discretion, weather or other route conditions
pose a danger to the public, Contractor's employees or equipment, Contractor shall
provide Solid Waste service only to those portions of the City Service Area that do not
pose such a danger. Contractor shall provide the City within a reasonable time after such
event Contractor's plans to make up missed Solid Waste collections. Unless the City
gives Contractor written notice of the City's objections to such plans, Contractor may
perform limited Solid Waste collection services after 6:00 pm and/or on Saturdays
following disruptions in order to make up missed collections.
4.11. Suspending Collection from Problem Customers
The City and Contractor acknowledge that, from time to time, some Customers may
cause disruptions or conflicts that make continued service to that Customer unreasonable.
Those disruptions or conflicts may include, but not be limited to, repeated damage to
Residential Carts or Containers, repeated refusal to position Residential Carts or
Containers properly, repeated suspect claims of timely set -out followed by demands for
return collection at no charge, and repeated claims of damage to the Customer's property.
Contractor shall make every reasonable effort to provide service to those problem
Customers. However, Contractor may deny or discontinue service to a problem
Customer if reasonable efforts to accommodate the Customer and to provide services fail.
If the Customer submits a written letter to the City appealing Contractor's decision, the
Comprehensive Solid Waste Collection Agreement
Page 5
City may, in its sole discretion, intervene and attempt to mediate a resolution in the
dispute. The City may also require the denial or discontinuance of service to any
Customer who is abusing the service or is determined to be ineligible.
4.12. Missed Collections
If Contractor fails to collect Solid Waste from a Customer without permissible excuse
therefore, Contractor shall provide such service to the Customer within a reasonable time,
but in no event later than 6:00 P.M. of the business day following Contractor's receipt of
notification of the missed pick-up. Contractor shall maintain a record of all missed
collections reported by Customers (whether reported by telephone or e-mail) and
Contractor's corrective action. If a Residential Cart or Container is set out
inappropriately, improperly prepared or contaminated with unacceptable Solid Waste,
Biomedical Waste or Hazardous Waste, Contractor shall not be obligated to collect the
materials from such Residential Cart or Container. Contractor shall place a notification
tag on such Residential Cart or Container that identifies the specific reason for not
collecting the Solid Waste, and maintain a record of such missed collections. If
Contractor is requested by the Customer to make a return trip due to no fault of
Contractor, Contractor shall be permitted to charge the Customer an additional fee for
this service at the rate specified in the rate schedule attached hereto as Exhibit C ("Rate
Schedule").
4.13. Schedule of Solid Waste Collection
Contractor shall perform Solid Waste services for each respective Residential Customer
pursuant to a regular schedule on the same day and as close to a consistent time as
possible; Contractor may vary, in its discretion, the collection routes and schedules for
Commercial Customers. Contractor shall provide dispatch service and equipment
capability to collect full Drop -Box Containers no later than the second (2nd) business day
after the Customer's request. Contractor shall indicate, on a detailed map acceptable to
the City, the day of the week Solid Waste shall be collected from each Residential
Customer. Contractor may change the day of collection from time to time by giving the
City and the affected Residential Customers at least fifteen (15) days prior written notice
of the different collection date.
4.14. Required Equipment and Signs on Vehicles; Maintenance of Vehicles and
Equipment
Contractor shall cause each of its vehicles to display the vehicle's inventory number and
customer service telephone number in lettering not less than four (4) inches high and
clearly visible from a minimum distance of twenty (20) feet, together with appropriate
safety markings, including all highway lighting, flashing and warning lights, clearance
lights, and warning flags in accordance with applicable laws. Contractor shall equip each
route, service and supervisory vehicle with properly licensed two-way communication
equipment capable of communication throughout the entire City Service Area with a base
station maintained by Contractor. In addition, Contraction shall cause all vehicles to
Comprehensive Solid Waste Collection Agreement
Page 6
carry regularly -maintained and fully -functional spill kits, including absorbent pads or
granules, containment booms, storrn drain covers, sweepers and other similar materials
sufficient to contain, control and, for minor events, appropriately clean-up spillage or
release of wind-blown materials, litter, or leaks of fluids or leachate from the vehicle.
Spill kits shall also include Contractor's spill response procedure, which procedure shall
be developed as provided in Section 4.17.
Contractor shall cause all vehicles and equipment to be maintained in good operating
condition at all times. In addition, Contractor shall maintain its vehicles to ensure that no
liquid wastes (such as Solid Waste leachate) or oils (lubricating, hydraulic or fuel) to be
discharged from the vehicles except to appropriate facilities. Contractor shall regularly
clean and wash thoroughly all vehicles used in the collection of Solid Waste. Contractor
shall cause its vehicles to be repainted from time to time as needed to maintain a clean
and professional appearance.
4.15. Residential Carts and Containers Inventory
Contractor shall procure and maintain a sufficient quantity of Residential Carts and
Containers to service the City's Customer base, including for seasonal and economic
variations in the demand for Residential Carts and Containers.
4.16. Ownership of Equipment
All vehicles, facilities and property used in performance of work under this Agreement
shall be owned or leased by Contractor. The City shall have no obligation to provide
equipment, facilities or personnel in connection with Contractor's duties hereunder.
4.17. Spillage
Contractor shall cause any blowing or spillage of Solid Waste, or leachate from
Contractor's vehicles, to be cleaned up immediately by Contractor's employees. For any
spill of leachate requiring more equipment or treatment other than the spill kits carried on
a collection vehicle, Contractor shall promptly notify the City of such event. Contractor
shall develop and submit to the City for its review a spill response procedure, and shall
incorporate any commercially reasonable comments that the City provides. The spill
response procedure shall include a list of emergency contacts, which shall be reviewed
annually and updated as necessary.
4.18. Disruption Due to Construction
If a Public Street is under construction such that the work interferes with Contractor's
services, Contractor shall use commercially reasonable efforts to account for such
interruption to permit the prudent and safe collection of Solid Waste from affected
Customers.
Comprehensive Solid Waste Collection Agreement
Page 7
4.19. Site Planning Assistance
The City shall, as part of its permitting process, cause written notice to be given to
Contractor of any development permit application containing plans for the construction
of a new or substantially remodeled building or other permanent structure, where
commercial container service is contemplated for solid waste, so that Contractor may
provide, but has no obligation to do so, written comments concerning Contractor's ability
to access Containers and provide safe and efficient collection services to such property.
Upon request and at standard rates determined from time to time by Contractor,
Contractor shall provide site planning assistance to property owners or their
representatives. The site planning assistance shall be available for all new construction or
remodeling of buildings and structures within the City Service Area, and shall address the
design and planning of Solid Waste removal areas and their location upon the site.
Contractor shall provide its assistance for optimizing loading docks, enclosures,
compactor equipment and other similar structures or areas, provided however, that such
site planning consultation service shall be made without warranty and without liability of
any sort, and Contractor may require a commercially reasonable waiver to such effect
prior to giving such site planning assistance.
4.20. Safeguarding Public and Private Property
Contractor shall use commercially reasonable efforts to avoid causing damage to any
public and private improvements, facilities and utilities whether located on public or
private property. If such improvements, facilities, utilities or Curbs are damaged and
such damage is due to the negligence or intentional misconduct of Contractor, Contractor
shall notify the City immediately in writing of such damage. If such damage is of a type
not ordinarily suffered or in excess of normal wear and tear caused by vehicles operated
by Contractor, Contractor shall either repair such damage, if practicable, or reimburse the
City for the reasonable cost of repairing such damage, which cost shall be the cost of
restoring such property to the condition immediately prior to such damage.
4.21. Company Name
Contractor shall not use a trade name containing any words that implies Contractor is
operated or owned by the City.
4.22. Coordination between City and Contractor
Within a sixty (60) days time after receipt of written request of either party, the other
party shall meet at the City's offices to resolve any operational issues with Contractor's
services. Contractor shall provide the City with access to Contractor's route and
Customer service data, billing information, safety records, equipment, facilities and other
applicable items, and the City shall provide Contractor with access to the City's records
applicable to the issue.
Comprehensive Solid Waste Collection Agreement
Page 8
4.23. Disposal Restrictions and Requirements
Except as expressly provided herein, Contractor shall not knowingly or negligently
collect, transport or dispose of Hazardous Waste or Biomedical Waste, and shall have no
responsibility for such waste. Contractor shall not be required to collect Hazardous
Waste, Biomedical Waste or any other materials that are either restricted from disposal or
would pose a danger to Contractor's collection crews. If materials are rejected for this
reason, Contractor shall leave a written notice with the rejected materials listing why they
were not collected and providing the Customer with a contact for further information
about proper disposal options. The Customer shall remain responsible for all costs
associated with handling and disposal of such materials inadvertently collected by
Contractor.
4.24. Disposal Site for Solid Waste
Contractor shall deliver all Solid Waste to an appropriate disposal site operated by
Contractor or such other disposal site or sites that satisfy applicable state regulations.
Contractor shall provide the City with a list of the disposal sites being used by
Contractor.
4.25. Adjustment of Service Level for Certain Customers
If Contractor in its commercially reasonable discretion determines that a Residential
Customer is generating quantities or types of Solid Waste different from a typical
Residential Customer, Contractor shall notify City of the same. Within thirty (30) days
of Contractor's notice, City shall determine if the Residential Customer maintains a
commercial enterprise from the Residence, for example by determining if a business
license has been issued declaring the business address to be same as the Residence, and
should be served by a commercial Solid Waste service plan. If City determines that the
customer is operating as a commercial enterprise, said Residential Customer's service
shall be revised to the appropriate commercial service most closely approximating the
service required by the affected Customer, as determined by Contractor.
4.26. Violation of Ordinance
Contractor shall promptly give written notice to the City of any observed violations of the
City's ordinances concerning the containerization, collection, transport and disposal of
Solid Waste.
4.27. Public Information
The City may develop, at its expense, public outreach and education programs
concerning the reduction of Solid Waste, the recycling of Recyclable Materials, any other
programs concerning Solid Waste service within the City Service Area, including the
mandatory Solid Waste collection requirements for all Customers in the City Service
Area. Contractor shall cooperate in good faith with the City to design and distribute
promotional materials to Customers throughout the City Service Area.
Comprehensive Solid Waste Collection Agreement
Page 9
4.28. Compaction of Solid Waste
If any Commercial Customer should deposit into its Container a substantial amount of
compacted Solid Waste, or any other Solid Waste that has been subjected to a process
modifying its composition or nature resulting in the reduction of its volume because of an
increase in density, Contractor may assess against such Commercial Customer an
additional charge equal to the difference in compacted and uncompacted Solid Waste
service rates set forth in the Rate Schedule.
5. SOLID WASTE SERVICE
5.1. Residential Service
5.1.1. Residential Customer Solid Waste Service
Contractor shall collect, transport and dispose of Solid Waste from all Residential
Customers within the City Service Area, provided that the Solid Waste is properly
contained in Residential Carts supplied by Contractor and set out for collection at
the Curb on or abutting Public Streets or Private Roads, together with any
additional Solid Waste contained in appropriate bins, bags, cans or other
receptacles that could not be placed in the Residential Carts. In addition,
Contractor shall collect an unlimited number of Solid Waste Units that are
properly set out by a Residential Customer adjacent to its Residential Cart.
Contractor's collection of Solid Waste placed outside of the Residential Cart shall
be at no additional cost unless the materials could reasonably have been placed in
the Residential Cart. Each Unit of Solid Waste not provided in this manner for
collection shall be subject to a special pickup charge as provided in the Rate
Schedule. Contractor shall also dispose of passenger vehicles tires, but not truck
or tractor tires, from Residential Customers. If, in Contractor's commercially
reasonable discretion, Contractor determines that a Residential Customer is
disposing of passenger vehicle tires in excess of four (4) per year, Contractor may
assess the affected Residential Customer a charge for tire disposal in accordance
with the rate set forth in the Rate Schedule.
5.1.2. Residential Carts
Contractor shall provide each Residential Customer within seven (7) business
days of the Customer's request with a 96-gallon Residential Cart, provided
however, that qualifying Residential Customers may request the use of a 64-
gallon Residential Cart as described in Section 5.1.3. Residential Carts shall be
rodent and insect proof, and equipped with functional wheels or rollers.
Contractor shall maintain all Residential Carts in good condition without any
jagged edges or holes. If Contractor's employees note any damaged hinges,
holes, poorly functioning wheels or other conditions requiring repair, Contractor
shall repair, at its sole cost, such condition without need of request from the
Customer. Contractor shall repair the Residential Cart within seven (7) business
Comprehensive Solid Waste Collection Agreement
Page 10
days of request or notice of a condition requiring repair, or provide a temporary
Residential Cart as necessary. Contractor shall replace, at its sole cost, any
Residential Cart that is damaged or missing on account of accident, act of nature
or the elements, fire, or theft or vandalism by other members of the public within
three (3) business days. Contractor may provide replacement Residential Carts
that are new or used and reconditioned, provided such Residential Carts are clean
and presentable. Contractor shall collect and dispose of damaged and unusable
Residential Carts. If, in Contractor's commercially reasonable discretion,
Contractor has to replace or repair a damaged Residential Cart as a result of
excess wear and tear or otherwise the result of the negligence or intentional
misconduct by the Residential Customer, Contractor may charge the Residential
Customer a replacement fee for such Residential Cart at the rate set forth in the
Rate Schedule. Residential Customers shall be responsible for the cleaning of
their Residential Carts.
Residential Carts placed for collection shall not weigh in excess of one hundred -
twenty (120) pounds for the 64-gallon Residential Cart or one hundred -eighty
(180) pounds for the 96-gallon Residential Cart.
5.1.3. Senior, Low Income Discount
Contractor shall provide Solid Waste service to those Residential Customers
qualifying for the senior, low income discount rate set forth in the Rate Schedule
upon the same terms and conditions set forth in section 5.1.1 and Section 5.1.2,
except that such qualifying Customers shall be provided with one 64-gallon
Residential Cart, and such Residential Customers shall be limited only to the use
of such Residential Cart for the disposal of Solid Waste. Each Unit of Solid
Waste not placed within such Residential Cart for collection shall be subject to
additional pickup charges at the rate set forth in the Rate Schedule. If a senior,
low income Residential Customer sets out more Solid Waste than may be
contained in a 64 gallon Residential Cart on two or more occasions in any
calendar year, Contractor may at any time thereafter cause such Residential
Customer to change to the Unlimited Residential Customer service plan at the
applicable service rate set forth in the Rate Schedule.
Prior to Contractor providing such discounted service, the City shall give written
notice to Contractor that the senior, low income Residential Customer has
certified each of the following conditions to the City, and that the City has
verified to the extent reasonably possible, as being true and correct:
(i) The Residential Customer is a single occupant of or the head of a
household all of whose members have combined annual income from all
sources that is not greater than the United States Federal Poverty Level.
Such poverty level shall be determined by the "Very Low Income Limits"
and updated annually by the City; and
Comprehensive Solid Waste Collection Agreement
Page I
(ii) The Residential Customer must be the customer of the solid waste service
and must be directly responsible for the payment of the solid waste bill;
and
(iii) The Residential Customer is the fee simple owner, or the primary tenant
named on the lease, of a Single Family Residence and has resided at such
location for a period of not less than ninety (90) consecutive days and
must intend to remain at such place; and
(iv) The Residential Customer is at least sixty-two (62) years of age or older;
and
(v) The Residential Customer shall state on oath that the one (1) 64 gallon
Residential Cart shall be adequate to meet the requirements of the
Residential Customer without creating a public nuisance or a public health
hazard; and
(vi) The City may require the person demonstrating satisfactory proof for a
house hold that qualifies for the rates set forth in this section to make an
updated application at any time. "Head of the household" means the
person owning or having control of the dwelling unit. In the case of a
husband and wife, either person shall be considered the "head of the
household"; and
(vii) The Residential Customer has filed the appropriate application under oath
with the City that the Residential Customer shall inform the City in
writing if there is any change in the household's status as it relates to the
requirements set forth in (i) — (vii) above, and acknowledges the City may
require an updated application at anytime.
The City shall, from time to time but not more than once per month, provide
Contractor with a list of the Residential Customers that have satisfied the above
conditions and qualified for the applicable discount rate, which discount rate shall
go into effect for the subject Residential Customers not later than thirty (30) days
after the date of such written notice from the City.
Contractor may terminate such discounted service if and when Contractor or the
City has a reasonable belief that such Residential Customer no longer qualifies for
such discounted service. The City upon its own volition, or within thirty (30)
days of receipt of Contractor's written notice, shall use reasonable due diligence
to determine if such Residential Customer continues to qualify for such
discounted service. If the qualifying Residential Customer loses such status,
Contractor shall provide written notice to the Residential Customer and the
service rate for Unlimited Residential Service shall be assessed for the first Solid
Waste service occurring after the date of such written notice.
Comprehensive Solid Waste Collection Agreement
Page 12
5.1.4. Household Hazardous Waste Program
Contractor shall accept Household Hazardous Waste from Customers residing in
Residences within the City Service Area whose accounts with Contractor are in
good standing. Contractor shall comply with all applicable State of Washington
statutes and regulations including, but not necessarily limited to, Department of
Ecology guidelines and permit requirements. At least once per week on a day
approved by the City for a minimum of eight (8) consecutive hours, Contractor
shall accept without charge Household Hazardous Waste at a facility properly
licensed and approved by the City to receive such materials. Contractor may also
accept, but has no obligation to do so, other hazardous waste from any other
person or Customer, provided that such additional service complies with all
applicable laws and contractual obligations of Contractor, and upon such terms
and conditions and service rates acceptable to Contractor. Contractor shall
transport and dispose of all collected Household Hazardous Waste to an
appropriate disposal site. Contractor shall regularly publish brochures concerning
the Household Hazardous Waste program, including the location of the facility
and the hours of service.
The parties hereto acknowledge that the Household Hazardous Waste program is
conditioned upon and subject to the continuing effectiveness of that certain
agreement by and among Contractor, the City and Franklin County, pursuant to
which Franklin County has delegated to Contractor the county's duties under
Washington state law to implement and administer a Household Hazardous Waste
program. Contractor shall cause the cost of such program to be included in the
service rates set forth in the Rate Schedule in full compensation of such services.
If and when such agreement or Contractor's obligation thereunder has been
terminated, the Household Hazardous Waste program made part of this
Agreement shall also be automatically terminated. In such event, the portions of
this Agreement authorizing and requiring Contractor to collect Household
Hazardous Waste shall be deemed terminated without further action required of
any party, and Household Hazardous Waste shall be deemed to be unacceptable
waste for collection. On the next Annual Adjustment Date following the date on
which Contractor is no longer required to collect such waste, Contractor shall
equitably adjust its service charges for each level of Solid Waste service.
5.2. Commercial Service
5.2.1. Commercial Customer Solid Waste Service
Contractor shall collect Solid Waste from all Commercial Customers within the
City Service Area, provided that the Solid Waste is properly contained within
Containers supplied by Contractor.
Comprehensive Solid Waste Collection Agreement
Page 13
5.2.2. Commercial Containers
5.2.2.1 Container Types
Contractor shall provide to each Commercial Customer, and each
Commercial Customer may select, the following types of Containers:
1.5-, 2-, 3-, 4-, 6- or 8-cubic yard Detachable Container; 11-, 20-, 30- or
40-cubic yard Drop -Box Container; a 96-gallon or 64-gallon wheeled
cart similar to the respective Residential Carts. Contractor may from
time to time provide additional or remove existing Container service
options, provided however, that Contractor shall provide at least thirty
(30) days prior written notice to affected Commercial Customers with
service plans for Containers that are being discontinued. Detachable
Containers shall be watertight and equipped with tight -fitting metal or
plastic covers, which covers shall be closed by Contractor after every
collection service, and may be equipped with four (4) wheels for those
Containers with volumes of 4-cubic yards or less. Drop -Box Containers
shall be constructed of metal, and if requested by a Customer, equipped
with a tight -fitting screened or solid cover operated by a winch system.
Detachable Containers up to 8-cubic yards shall not weigh in excess of
one thousand two hundred (1,200) pounds, and Drop -Box Containers
shall not weigh in excess of twenty thousand (20,000) pounds.
Commercial carts shall not weigh in excess of one hundred twenty (120)
pounds for the 64-gallon commercial cart or one hundred -eighty (180)
pounds for the 96-gallon commercial cart.
5.2.2.2. General Terms and Conditions Applicable to Commercial
Containers
Contractor shall furnish each Commercial Customer with the appropriate
Container within seven (7) business days of the Customer's request.
Contractor shall deliver and place the Container on the Customer's
property in a location determined by the Customer, provided such
location is reasonably acceptable to Contractor for the safe and efficient
collection thereof. Contractor shall maintain all Containers in good
condition without any leaks, jagged edges or holes. If Contractor's
employees note any damage to a Container requiring repair, Contractor
shall repair, at its sole cost, the damage without need of request from the
Customer. Contractor shall repair the Container within seven (7)
business days of request or notice of a condition requiring repair, or
provide a temporary Container as necessary. Contractor shall replace, at
its sole cost, any Container that is damaged or missing on account of
accident, act of nature or the elements, fire, or theft or vandalism by
other members of the public within there (3) business days. Contractor
may provide Customers with either a new or used and reconditioned
Comprehensive Solid Waste Collection Agreement
Page 14
replacement Containers, provided such Containers are clean and
presentable. Contractor shall collect and dispose of damaged and
unusable Containers. If, in Contractor's commercially reasonable
discretion, Contractor must replace or repair a damaged Container as a
result of excess wear and tear or otherwise the result of the negligence or
intentional misconduct by the Commercial Customer, Contractor may
charge the Customer a replacement fee for such Container. Not more
often than once per year, Contractor shall clean without additional cost,
said cost being included in the respective service plan, each Customer's
Container. In addition, Contractor shall also replace a Container within
three (3) business days of request by the City if the City determines that
the Container fails to comply with reasonable health and safety
standards, provided however, that Contractor shall assess the Customer a
cleaning fee at the rate set forth in the Rate Schedule.
5.2.2.3. Additional Fees
Contractor shall not charge Commercial Customers an initial delivery
fee for a Container, except in the case of temporary Container service or
a Container redelivered to a Customer restarting service after having
service suspended with its Container removed because of non-payment
of invoices. Contractor shall charge a rollout fee in ten (10) foot
increments for Containers that must be rolled by Contractor more than
twenty (20) feet to reach the collection vehicle at its nearest point of
access. Gate and/or disconnect charges shall be assessed as set forth in
the Rate Schedule when Contractor must open, unlock, or close a gate in
order to service a Container. Contractor may assess additional charges
for excess materials loaded so as to lift, as applicable for such
Commercial Customer, the Detachable Container lid or Drop -Box
Container lid more than six (6) inches from the normally closed position.
Commercial Customers may request extra collections of Detachable
Containers in addition to the regular service, which additional service
shall be subject to an additional charge equal to the proportional amount
(e.g. one pick-up per week rate divided by 4.33 weeks per month) of
their regular monthly rate for that service. Extra collections of Drop -
Box Containers shall be provided at the regular rate set forth in the Rate
Schedule.
5.2.2.4. Customer -Owned Drop -Box Containers
Notwithstanding anything to the contrary in Section 5.2.2.1 above,
Contractor may service compactor Drop -Box Containers owned by
Commercial Customers at the special collection rates set forth in the
Rate Schedule. Contractor shall have no obligation to maintain, repair
or clean a compactor Drop -Box Container owned by a Commercial
Customer, and shall have no liability to such Customers for damage
Comprehensive Solid Waste Collection Agreement
Page 15
caused to such compactor Drop -Box Containers except in the event of
gross negligence or intentional misconduct by Contractor. If, in the
commercially reasonable discretion of Contractor, a Customer -owned
compactor Drop -Box Container is not safe, Contractor may elect not to
provide service until such compactor Drop -Box Container is made safe
for usage and transport.
5.3. Temporary Solid Waste Service Plans
Upon request of any Customer, Contractor shall provide on a temporary basis the
Container requested by said Customer at the rate set forth in the Rate Schedule for such
temporary service. The temporary service rate shall apply for all service requests that do
not exceed ninety (90) consecutive days. If the Customer requires a Container for a
longer period of time, Contractor may require the Customer to select the appropriate
Commercial service plan set forth in the Rate Schedule for the requested Container. If the
temporary service plan is in addition to a regular service plan in effect for the Customer,
Contractor shall be authorized to bill the Customer for both service plans. Contractor
may require the Customer to make a security deposit in advance of a temporary service
plan at the rate set forth in the Rate Schedule.
5.4. Solid Waste Service to City Properties and Facilities
Contractor shall provide the City with Solid Waste service from all City locations for
which the City desires service pursuant to the City's service plan set forth in the Rate
Schedule. The City may modify the locations for which the City desires service by
providing Contractor with ten (10) days prior written notice, in which case, Contractor
shall adjust, if applicable, the fee payable by the City pursuant to the Rate Schedule
Exhibit Q. As part of the City's service plan, Contractor shall also provide , without
direct cost to the City, Solid Waste service as defined in Exhibit "E" of up to 1,500 tons
(Base Tonnage) of Solid Waste gathered by the City from alley clean-ups, street
sweeping and sewer debris, and deposited in specially designated Drop -Box Containers
supplied by Contractor. The Solid Waste service shall be increased in increments of 250
tons of Solid Waste every five years based on the City's solid waste need over the Base
Tonnage. The Solid Waste service increase will be based on the following calculations:
(a) Solid Waste tonnage from city owned properties less Base Tonnage equals Net Solid
Waste tonnage from city owned properties with direct cost to the City, (b) if the Net Solid
Waste tonnage from city owned properties with direct cost is less than 250 tons, then no
change is required, and (c) if the Net Solid Waste tonnage from city owned properties
with direct cost is greater than 250 tons, then an increase will be required.
If the Net Solid Waste is greater than 250 tons, then the Net Solid Waste plus the Base
Tonnage will equal the new Total Solid Waste service for the next five years. Based upon
a change in the Total Solid Waste, the Contractor shall be able to adjust Solid Waste
service rates consistent with section 6.3.7.
Comprehensive Solid Waste Collection Agreement
Page 16
Contractor will send a quarterly accounting of the remaining balance of the total Solid
Waste service to be provided to the City without direct cost. The accounting period for
this Solid Waste service will begin on January 1 and end on December 31 of each
contract period.
5.5. Recyclable Materials and Green Waste
If, during the Term of this Agreement, the City elects to provide additional services
related to Curbside recycling of Recyclable Materials and/or Green Waste from
Residences consistent with revisions to and updating of the Franklin County
Comprehensive Solid Waste Management Plan, the City may request that Contractor
collect, transport, process and recycle Recyclable Materials from all Customers residing
in Residences located within the City Service Area. Within ninety (90) days of receipt of
such notice, Contractor shall provide the City with a written proposal of the service rates,
planned service routes and schedules for Customers residing in Residences and, if also
requested by the City, all other Customers, proposed Recycling Carts and Recycling
Containers, commodities that will qualify as Recyclable Materials based on current
market conditions, estimated interval to secure necessary equipment and facilities, and
any other pertinent terms and conditions of such service. Contractor shall remit all
proceeds from the sale of collected Recyclable Materials pursuant to the recycling
program to the City. If Contractor's proposal is acceptable to the City, the City shall give
written notice (Exercise Date) to Contractor to commence providing such service within
the City Service Area on the date set forth in the City's notice that is consistent with
Contractor's proposal. Upon receipt of the City's notice, the parties shall cooperate in
good faith to develop and distribute materials and information to Customers within the
City Service Area concerning the addition of the recycling and/or green service.
If the City declines to require a separate Recyclable Materials and/or Green Waste
service governed by this Agreement, the City shall permit, at Contractor's written
request, the Washington Utilities and Transportation Commission ("WUTC") to assume
jurisdiction of Curbside Recyclable Materials and/or Green Waste service plans, which
will be implemented and operated by Contractor.
5.6. Miscellaneous Solid Waste Services
Contractor shall also provide the following special services:
(i) With respect to Residential Customers and those Commercial Customers residing
in Residences located within Mixed -Use Buildings and Multi -Family Complexes
within the City Service Area, Contractor shall provide a special Solid Waste
service at the rate set forth in the Rate Schedule for Units of Solid Waste that
exceed the limitations set forth in the. definition of "Solid Waste Units," which
service shall be provided within five (5) business days of the Customer's request.
(ii) With respect to qualifying Customers, Contractor shall administer and provide
Solid Waste service as provided under and pursuant to Pasco City Code Section
Comprehensive Solid Waste Collection Agreement
Page 17
6.04.240, "Special Collection and Residential Coupon," for so long as said
program is in effect under the Pasco City Code.
(iii) With respect to Residential Customers and those Commercial Customers residing
in Residences located within Mixed -Use Buildings and Multi -Family Complexes
within the City Service Area, Contractor shall collect and dispose of refrigeration
and cooling devices common to households, such as refrigerators and air-
conditioning units, at the rates set forth in the Rate Schedule, provided however,
that the Residential Customer shall either request Contractor to purge and dispose
of the cooling substance as required by applicable law or provide Contractor with
a certificate reasonably satisfactory to Contractor from a qualified contractor
stating that the same has been completed prior to collection and disposal of such
item.
(iv) With respect to all Customers within the Service Area (except as otherwise
provided in Section 5.1.1), Contractor shall collect, transport, and dispose of tires
from passenger vehicles and trucks at the rate set forth in the Rate Schedule.
5.7. Customer Service
5.7.1. Customer Service Office
Contractor shall maintain a Customer service office within the City Service Area
with a local telephone number or toll free phone number where Contractor may be
contacted by Customers during the hours of 8:00 a.m. to 5:00 p.m. Monday
through Friday, except for the holidays recognized by the State of Washington.
Contractor shall provide customer service functions relating to service delivery,
potential service options, service rates, receiving and resolving customer
complaints, dispatching temporary Containers and special collections, and
resolving billing questions.
5.7.2. Complaints
Contractor shall give prompt and courteous attention to all Customer complaints
received by Contractor. Contractor shall promptly investigate any complaint of a
missed collection, and if verified, shall arrange for collection as provided in this
Agreement. Contractor shall maintain a record of actions taken on all material
and legitimate complaints that could not be resolved during the initial
communication with the Customer, regardless of how the complaint was received,
including date, time, Customer's name and address (if the Customer is willing to
give this information), method of transmittal, and nature, date and manner of
resolution of the complaint in a computerized daily log. Contractor shall make a
conscientious effort to resolve all complaints promptly but otherwise within one
(1) business day of the original call or e-mail. The computerized daily log shall
be available for inspection by the City, or its designated representatives, during
Contractor's office hours, and shall be in a format reasonably acceptable to the
City.
Comprehensive Solid Waste Collection Agreement
Page 18
5.7.3. Emergency Contact
Contractor shall provide the City with the name and contact information in the
event of an emergency requiring contact with Contractor outside of normal office
hours. Contractor shall cause such representative to be available at said
emergency telephone number during all hours other than normal office hours.
S.S. Reports
In addition to any report required by law, Contractor shall maintain records of the number
of loads of Solid Waste collected and transported within the City Service Area and the
approximate total tonnage of Solid Waste and any other material herein authorized hauled
by Contractor to Contractor's disposal site. Contractor shall make such records available
to the City upon request. Subsequent to April 15 of each calendar year, and following at
least two (2) months prior written notice, Contractor shall provide to the City a profit/loss
financial statement for the preceding calendar year together with a pro -forma financial
statement for the ensuing calendar year. The City shall be permitted to review but not
make copies of the financial statements. Upon the City's request, Contractor shall make
available the same financial statements to an accounting firm selected by the City and
reasonably acceptable to Contractor, provided, however, that the accounting firm
provides Contractor with a commercially acceptable form of confidentiality agreement.
Contractor shall bear all reasonable costs of such accounting firm.
6. COMPENSATION
6.1. Basis for Determination of Solid Waste Service Rates
The parties expressly intend that the rates and charges established by this Agreement are
designed to capture all legitimate operating and capital costs incurred by Contractor and
to provide a fair rate of return on Contractor's investment in providing all services
included under this Agreement as may be measured by external methodologies such as
the Washington Utilities and Transportation Commission's "Lurito-Gallagher"
ratemaking methodology, or other such standards that will enable Contractor to establish
fair, just, reasonable and sufficient overall rates in order to allow Contractor to innovate,
invest and continue to provide service types and levels responsive to the City's
reasonable requirements hereunder.
6.2. Compensation for Solid Waste Services
Contractor may collect from each and every Customer within the City Service Area the
appropriate charge for the Solid Waste service plan selected by such Customer, together
with any additional charges, fees and expenses that may be incurred or requested by such
Customer, at the rates set forth in the Rate Schedule. Contractor shall act in good faith to
coordinate with Customers to minimize the charges assessed to Customers.
Comprehensive Solid Waste Collection Agreement
Page 19
6.3. Adjustment to Solid Waste Service Rates
6.3.1. Annual Rate Adjustment
Contractor's service charges, excluding fuel expenses, for each level of Solid
Waste service shall increase once every year in an amount not to exceed eighty
percent (80%) of the annual percentage increase in the Consumer Price Index —
All Urban Consumers; West Region, Size B/C, standard reference base period
1982- 84 = 100, hereinafter referred to as the "Adjustment Index," as determined
in this section. Adjustments to Contractor's service charges shall be made in units
of one cent ($0.01). Fractions less than one cent ($0.01) shall not be considered
when making adjustments.
Rates shall be adjusted annually, beginning January 1, 2016 (the "Adjustment
Date"). Contractor shall submit to the City for review and approval a "Rate
Adjustment Statement" showing the calculations of new service rates for the
following year, including a calculation of the percentage change in the
Adjustment Index for the most recent twelve (12) month period ending the June
prior to the Adjustment Date. Contractor's calculations shall be provided to the
City annually no later than October 1" and the City shall have ninety (90) days to
confirm Contractor's rate modification calculations. Upon receipt of the City's
approval, which shall not be unreasonably withheld or delayed, the new rates shall
take effect on January 1" of the subsequent year.
6.3.2. Adjustments to Tipping Fees and Disposal Fees
A tipping disposal or acceptance fee charged for Solid Waste shall be the
financial responsibility of Contractor, provided however, Contractor may
incorporate such disposal, tipping or acceptance fees as part of the service rates
set forth in the Rate Schedule. In the event of an adjustment in tipping fees or
disposal fees paid by Contractor, Contractor shall adjust the tipping fee and
disposal fee component of the Solid Waste service rates for each level of service
to reflect such adjustment. Contractor shall provide the City with notice of any
tipping fee or disposal fee adjustment promptly upon knowledge thereof by
Contractor. Contractor shall provide to the City evidence supporting the
requested change in service fees as a result of an adjustment to tipping fees and
disposal fees at least forty-five (45) days prior to date requested by Contractor for
such adjustment to go into effect, which in any event shall not be earlier than the
date of the adjustment to the tipping fee or disposal fee. Upon receipt of the
City's confirmation that the calculations are correct, the new Solid Waste service
rates for each level of service shall take effect on the date requested by
Contractor. Contractor shall include a notice in the next invoice issued to the
Customers describing the increase in the service rates pursuant to this section.
Comprehensive Solid Waste Collection Agreement
Page 20
6.3.3. Fuel Expense Adjustments
Contractor may also assess to all Customers a "Fuel Surcharge," provided the
surcharge is determined and used in accordance with the provisions hereinafter set
forth. The Fuel Surcharge shall be implemented and charged by Contractor in the
instance that the resulting calculation equals 0.5% or more as described below.
The following definitions apply to the use and application of the Fuel Surcharge:
• Base Fuel Expense: the proportion of approved rates attributable to gross fuel
expense, hereby fixed at 5.87%.
• Base Fuel Price: the average cost of diesel fuel used at the time of the 2016
rate authorization, hereby fixed at $3.79.
• Current Fuel Price: the per gallon price for retail sales of "West Coast Number
2 Diesel Ultra -Low Sulfur" (0-15 PPM) for the most recent full month
reported in the "Monthly Diesel Prices — Ultra -Low" index published by the
Energy Information Administration of the US Government or the DGE index.
• Fuel Surcharge: the product of multiplying the base fuel expense by the
percentage change between the base fuel price and current fuel price [e.g.
$3.79*(current price/$3.79)].
The Fuel Surcharge shall be calculated by subtracting the Base Fuel Price from
the Current Fuel Price and converting the difference to a percentage of the Base
Fuel Price; that percentage shall then be multiplied by the Base Fuel Expense and
the resulting product shall constitute the Fuel Surcharge. Contractor shall submit
to the City a Fuel Surcharge calculation worksheet by the 15th day of the month
immediately preceding the months of August, October, December, February,
April and June. The Fuel Surcharge shall be deemed approved and authorized
unless written objection from the City to the Contractor's mathematical
calculations is received by Contractor within seven (7) days of the City's receipt
of the worksheet. In such case, the parties shall meet within five (5) business
days and work in good faith to resolve any alleged errors in such mathematical
calculations. A Fuel Surcharge shall commence only on the first of each of the
calendar months named herein above, and shall continue in effect for a two -month
period, after which time a new Fuel Surcharge, if applicable, shall go into effect
pursuant to the provisions hereof. Contractor shall incorporate such Fuel
Surcharge in the Customers' invoices in a timely manner.
6.3.4. Annual Rate Adjustment Cap
The Annual Rate Adjustment Cap is met when the cumulative rate increases of
6.3.1 (Annual Rate Adjustment), 6.3.2 (Adjustments to Tipping Fees and Disposal
Fees), 6.3.3 (Fuel Expense Adjustment), and 6.3.5 (Solid Waste Disposal Cost
Adjustment, if applicable) meet or exceed five percent (5%) as defined by the
Consumer Price Index in the United States Department of Labor --All Urban
Consumers; West Region, Size B/C, standard reference base period 1982- 84 =
100 (Adjustment Index).
Comprehensive Solid Waste Collection Agreement
Page 21
If the Annual Rate Adjustment Cap is met, the Contractor may either limit all rate
increases (sections 6.3.1, 6.3.2, 6.3.3, and 6.3.5) at the Annual Rate Adjustment
Cap or proceed as outlined in section 6.3.7. The Contractor will notify the City
within 45 days that the Annual Rate Adjustment Cap has been reached. The
Annual Rate Adjustment Cap will be reset on January 1" of every year as per
section 6.3.1.
6.3.5. Solid Waste Disposal Cost Adjustment
Contractor may also adjust service rates for all levels of service based upon the
change in the annual disposal cost of Solid Waste collected by Contractor
("WACOD Adjustment"). Commencing with the second full twelve month
Adjustment Period after any "Exercise Date" pursuant to Section 5.5, and for each
Adjustment Period thereafter (each, a "Comparison Period"), the Contractor shall
determine the change in the annual disposal cost of Solid Waste collected by
Contractor during such Comparison Period as compared to the first full twelve
month Adjustment Period after the Exercise Date ("Base Period"). If the of Solid
Waste collected for such Comparison Period has changed by more than five
percent (5%) from the Base Period, Contractor shall prepare a WACOD
Adjustment calculation worksheet ("WACOD Adjustment Statement") that
calculates the WACOD Adjustment to the service rates pursuant to the formula
set forth in Exhibit D. The WACOD Adjustment of the service rates shall be
adjusted concurrently with annual adjustments to service rates pursuant to Section
6.3.1, with the first month of January two years after the Exercise Date being the
first potential date for an adjustment pursuant to this section. Concurrently with
the Statement provided to the City pursuant to Section 6.2.1, the Contractor shall
submit to the City for review and approval the WACOD Adjustment Statement
calculating the adjustment to new rates for the next year, which statement shall
show the calculations required in this Section. The City shall have sixty (60) days
to confirm the Contractor's WACOD Adjustment to the service rates. Upon
receipt of the City's approval of the WACOD Adjustment Statement, which shall
not be unreasonably withheld or delayed, the WACOD Adjustment to the service
rates shall take effect on January 1" of the subsequent year.
6.3.6. Tax Additive
The State Refuse Collection Tax (currently at 3.6%) and any applicable City
Taxes shall be added to the rates specified for each class of service and may be
identified separately and as additive to said rate on each billing service.
6.3.7. Other Modifications
Contractor may apply to the City for rate adjustments that result from increases in
the cost of operations arising during the Term of the Agreement. Contractor shall
submit a written request to adjust the rates not more than ninety (90) days and not
Comprehensive Solid Waste Collection Agreement
Page 22
less than sixty (60) days prior to the proposed effective date of the requested
change. The City shall promptly consider such proposed rate change with
consideration of historical and industry -wide profit levels and rate making
methodologies utilized by the Washington State Utilities and Transportation
Commission.
6.3.8. Changes in Impositions or Other Laws
If the City, county, state or federal authorities impose new taxes, fees or
surcharges or change the rates of existing taxes, fees or surcharges after the
Commencement Date, or there are other changes in federal, state or local laws or
regulations, and the impact of these changes results in increased or decreased
Contractor costs, Contractor and City shall enter into good faith negotiations to
determine whether compensation adjustments are appropriate and if so, to
determine the amount and the method of adjustment. If the City requires review
of Contractor's financial or other proprietary information in conducting its rate
review, at the request of Contractor, the City shall retain a third party to review
such information at Contractor's expense, provided however, that Contractor may
require such third party to execute a commercially reasonable confidentiality
agreement. Any such additional financial review costs shall be considered
allowable business expenses for future rates adjustment purposes.
6.3.9. Termination by Contractor
If Contractor requests a rate adjustment pursuant to this Section 6 and the City
fails to consent to such request for any reason within four (4) months of the date
of Contractor's written request, Contractor may terminate this Agreement by
giving written notice of termination to the City not less than four (4) months and
not more than eight (8) months after the date of Contractor's written request for
such rate adjustment. This Agreement shall terminate on the date set forth in
Contractor's written notice of termination, which in no event shall be less than six
(6) months from the date of Contractor's written notice of termination.
6.4. Billing for Solid Waste Services; Delinquent Accounts
Contractor shall invoice, and shall be responsible for collecting, to and from each and
every Customer within the City Service Area for the Solid Waste service plan selected by
the Customer. Contractor shall cause each bill to include the following information: (i)
Customer name; (ii) Contractor's Customer account information; (iii) service address;
(iv) service commencement and termination dates, as applicable; (v) billing period, (vi)
date of the bill; (vii) Customer's service plan; (viii) date payment is due; (ix) date
payment is delinquent; (x) charges for the Customer service plan; and (xi) additional
charges, if any. Contractor shall bear the risk of collection. It is the intent of the parties
that all issues relating to service and rates under this Agreement should be the
responsibility of the Customer, Contractor and the City, and no third party shall have
standing to request, speak or represent issues of service in the City Service Area except
Comprehensive Solid Waste Collection Agreement
Page 23
for the direct Customer, Contractor or the City.
Notwithstanding the foregoing, the City reserves the right as provided in Pasco City Code
Section 6.04.310 to assume the obligation of billing Customers within the City Service
Area for Solid Waste services provided by Contractor hereunder. If the City elects to
provide such service, the City shall give Contractor six (6) months prior written notice.
The parties shall negotiate in good faith the terms and conditions of the transfer of such
service to the City, including without limitation, the City assuming the risk of collecting
payments.
6.5. Delinquent Accounts and Other Customer Defaults
Contractor shall have any and all remedies provided under Pasco Municipal Code
Chapter 6.04 and, as applicable, Washington law and regulations, with respect to
delinquent accounts and other defaults by Customers, including without limitation,
refusing or terminating Solid Waste service, but excluding those remedies in the City's
code expressly reserved to the City. The City shall assume no responsibility for the
collection of any amount due by a Customer, provided however, that the City shall
cooperate in good faith with Contractor in the enforcement of Contractor's rights and
remedies to collect any delinquent accounts or cure defaults as may be provided under
Pasco Municipal Code Chapter 6.04. Contractor shall provide the City on a monthly
basis a report of all service terminations during the previous month.
7. PERFORMANCE FEES, DEFAULT AND REMEDIES
7.1. Performance Fees
In the event that Contractor fails to meet any performance obligation set forth in this
Agreement, the City shall give written notice to Contractor regarding such failure, in
which case Contractor shall promptly take such corrective action to remedy the issue
raised in the City's written notice. In addition, City reserves the right to impose the
following fines if Contractor fails to meet certain obligations as provided in this
Agreement.
ACTION OR OMISSION
AMOUNT
Collection before or after the times
Fifty Dollars ($50) per truck route (each
specified in this Agreement, except as
truck on each route is a separate incident).
expressly permitted by the City.
Failure to collect missed materials within
Fifty Dollars ($50) per incident to a
one (1) business day after receipt of
maximum of Five Hundred Dollars
notice.
($500) per truck per day.
The performance fees schedule set forth here shall not affect the City's ability to
terminate this Agreement as provided in Section 7.2, provided however, the City
acknowledges that the performance fees described in this section are an adequate remedy
Comprehensive Solid Waste Collection Agreement
Page 24
for the above named defaults, and the City may not terminate this Agreement for any of
the defaults described in this section unless Contractor has incurred performance fees in
excess of $25,000.00 each month for at least three (3) consecutive calendar months.
Contractor shall pay such performance fees within thirty (30) days of demand therefore
from the City. The City shall provide Contractor with reasonably acceptable
documentation supporting such performance fees together with the City's demand
therefore. Contractor may appeal any performance fees imposed under this section to the
City Manager of the City of Pasco, to whom Contractor shall be allowed to present
evidence as to why the amount of performance fees should be lessened or eliminated.
7.2. Default and Remedies
If Contractor abandons or materially breaches its obligations hereunder or fails to fully
and promptly comply with all of its provisions or fails to give reason satisfactory to the
City for noncompliance, the City may then declare Contractor to be in default of this
Agreement and notify Contractor of such default and shall provide Contractor with thirty
(30) days to cure such default. If Contractor fails to cure such default in a timely manner,
the City may thereafter give notice of termination to Contractor and its surety. Upon
receipt of any such notice, this Agreement shall terminate.
8. NOTICES
Any notice required or permitted to be given under this Agreement shall be in writing and
may be given by personal delivery, by certified mail, or by air courier, and if given
personally or by mail, shall be deemed sufficiently given if addressed to the City or to
Contractor at the following address:
The City: City of Pasco
P.O. Box 293
525 N. Third Ave.
Pasco, WA 9930
Attn: City Manager
To Contractor: Basin Disposal, Inc.
2021 North Commercial Avenue
P.O. Box 3850
Pasco, WA 99302-3850
Attn: Darrick Dietrich
Mailed notices shall be deemed given on the fifth (5th) business day following deposit in
the United States mail, certified postage prepaid. Notices delivered personally or by air
courier shall be deemed given upon receipt. Either party may by written notice to the
other specify a different address for notice purposes.
Comprehensive Solid Waste Collection Agreement
Page 25
9. INSURANCE AND BOND REQUIREMENTS
9.1. General Insurance Requirement
Contractor shall procure and maintain, at its sole expense, insurance against claims for
injuries to persons or damage to property that may arise from or in connection with the
performance of the services provided under this Agreement by Contractor, its agents,
representatives, employees or subcontractors, as provided in this Section 9. Contractor's
maintenance of insurance as required by the Agreement shall not be construed to limit the
liability of Contractor to the coverage provided by such insurance, or otherwise limit the
City's recourse to any remedy available at law or in equity.
9.2. Minimum Scope of Insurance
Contractor shall obtain insurance that meets or exceeds the following requirements:
(i) Automobile Liability insurance covering all owned, non -owned, hired, and leased
vehicles. The policy shall be endorsed to provide contractual liability coverage.
The City shall be named as an additional insured under Contractor's Automobile
Liability insurance policy with respect to the work performed for the City.
(ii) Commercial General Liability insurance covering liability arising from premises,
operations, independent contractors, products -completed operations, personal
injury and advertising injury, and liability assumed under an insured contract.
The Commercial General Liability insurance shall be endorsed to provide the
Aggregate per Project Endorsement ISO form CG 25 03 11 85, or its equivalent.
There shall be no endorsement or modification of the Commercial General
Liability insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an additional insured under
Contractor's Commercial General Liability insurance policy with respect to the
work performed for the City.
(iii) Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
(iv) Hazardous Waste Hauling. To the Automobile Liability Minimum Scope of
Insurance, Pollution Liability coverage at least as broad as that provided under
ISO Pollution Liability -Broadened Coverage for Covered Autos Endorsement CA
99 48 and the Motor Carrier Act Endorsement (MCS 90) shall be attached.
9.3. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
(i) Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $2,000,000 per accident.
(ii) Commercial General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000
products -completed operations aggregate limit.
Comprehensive Solid Waste Collection Agreement
Page 26
9.4. Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions in excess of $50,000 must be declared to and
approved by the City, which approval shall not be unreasonably withheld. In the event
the deductibles or self -insured retentions are not acceptable to the City, the City reserves
the right to negotiate with Contractor for changes in coverage deductibles or self -insured
retentions; or alternatively, require Contractor to provide evidence of other security
guaranteeing payment of losses and related investigations, claim administration and
defense expenses.
9.5. Other Insurance Provisions
The insurance policies shall contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability:
(i) Contractor's insurance coverage shall be the primary insurance with respect to the
City, its officials, employees and agents. Any insurance, self-insurance, or
insurance pool coverage maintained by the City shall be in excess of Contractor's
insurance and shall not contribute with it.
(ii) Coverage shall state that Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
(iii) Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled unless the City is given prior written notice as provided under RCW
48.18.290.
9.6. Acceptability of Insurers
Contractor shall secure insurance policies from insurers with a current A.M. Best rating
of not less than ANII.
9.7. Verification of Coverage
Contractor shall furnish the City with original certificates including, but not necessarily
limited to, the additional insured endorsements, evidencing the insurance policies
required pursuant to this Article 9 prior to the Commencement Date.
9.8. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish
separate certificates and endorsements for each subcontractor before commencement of
the work. All coverages for subcontractors shall be subject to the same insurance
requirements as stated herein for Contractor.
9.9. Performance Bond/Surety
Contractor shall provide and maintain at all times a valid Contractor's Performance and
Comprehensive Solid Waste Collection Agreement
Page 27
Payment Bond or bonds, letter of credit or other similar instrument acceptable to and
approved in writing by the City in the amount of FIFTY THOUSAND AND NO/100
DOLLARS ($50,000.00). The bond, letter of credit or other similar instrument shall be
issued for a period of not less than one year, and Contractor shall provide a new bond,
letter of credit or similar instrument, and evidence satisfactory to the City of its
renewability, not less than sixty (60) days prior to the expiration of the bond, letter of
credit or other similar instrument then in effect. The City shall have the right to call the
bond, letter of credit or other similar instrument in full in the event its renewal is not
confirmed at least five (5) days before its expiration.
10. GENERAL TERMS
10.1. Indemnification
10.1.1. Indemnify and Hold Harmless
Contractor shall indemnify, hold harmless and defend the City, its elected
officials, officers, employees, agents and representatives, from and against any
and all claims, actions, suits, liabilities, losses, costs, expenses, and damages of
any nature whatsoever, including costs and attorney's fees in defense thereof, or
injuries, sickness or death to persons, or damage to property, which is caused by
or arises out of Contractor's exercise of duties, rights and privileges granted by
the Agreement, provided, however, that Contractor's obligation to indemnify,
defend and hold harmless for injuries, sickness, death or damage caused by or
resulting from concurrent willful or negligent acts or actions of Contractor and the
City shall apply only to the extent of Contractor's negligence.
10.1.2. Notice to Contractor; Defense
In the event an action is brought against the City for which indemnity may be
sought against Contractor, the City shall promptly notify Contractor in writing.
Contractor shall have the right to assume the investigation and defense, including
the employment of counsel and the payment of all expenses. On demand of the
City, Contractor shall at its own cost and expense defend, and provide qualified
attorneys reasonably acceptable to the City to defend, the City, its officers,
employees, agents and servants. The City shall fully cooperate with Contractor in
its defense of the City, including consenting to all reasonable affirmative defenses
and counterclaims asserted on behalf of the City. The City may employ separate
counsel and participate in the investigation and defense, but the City shall pay the
fees and costs of that counsel unless Contractor has agreed otherwise. Contractor
shall control the defense of claims (including the assertion of counterclaims)
against which it is providing indemnity under this section, and if the City employs
separate counsel the City shall assert all defenses and counterclaims reasonably
available to it.
Comprehensive Solid Waste Collection Agreement
Page 28
10.1.3. Industrial Insurance Immunity Waiver
With respect to the obligations to hold harmless, indemnify and defend provided
for herein, as they solely relate to claims against the City, its elected officials,
officers, employees, agents and representatives, Contractor agrees to waive
Contractor's immunity under industrial insurance, Title 51 RCW, for any injury,
sickness or death suffered by Contractor's employees that is caused by or arises
out of Contractor's negligent exercise of rights or privileges granted by the
Agreement.
10.2. Transfer of the Contract
10.2.1. Assignments, Subcontracts and Delegations
Contractor shall not assign or subcontract any of the work or delegate any of its
duties under this Agreement without the prior written approval of the City and
submittal of proof of insurance coverage. When requested, approval by the City
of a subcontract or assignment shall not be unreasonably withheld. In the event of
an assignment, subcontracting or delegation of duties, Contractor shall remain
responsible for the full and faithful performance of this Agreement and the
assignee, subcontractor, or other obligor shall also become responsible to the City
for the satisfactory performance of the work assumed. The City may condition
approval upon the delivery by the assignee, subcontractor or other obligor of its
covenant to the City to fully and faithfully complete the work or responsibility
undertaken. In addition, the assignee, subcontractor or obligor shall sign a
separate statement agreeing to abide by all terms and conditions of this
Agreement.
10.2.2. Changes in Control
If Contractor is a corporation, limited liability company or limited liability
partnership, then any transfer of this Agreement by merger or consolidation, or
any change in the ownership of, or power to vote, the majority or controlling
interest of its outstanding voting stock, membership interest, or limited
partnership interests, or in the controlling interest at any tier in the ownership
structure of Contractor, or change of the manager or general partner for LLCs and
Us, respectively, shall constitute an assignment for the purpose of this section. If
Contractor is a partnership, then any transfer of any partnership interest shall
constitute an assignment for the purpose of this section. Any transfer of this
Agreement by (i) merger or consolidation, (ii) any change in the ownership of, or
power to vote, the majority or controlling interest of its outstanding voting stock,
membership interest or limited partnership interest, as applicable, (iii) any entity
succeeding in the business and assets of Contractor, (iv) any transfer to an entity
that controls or is under common control with Contractor, or (v) any transfer to a
subsidiary or affiliate shall not be considered an assignment requiring the City's
consent, provided however, that in each case described above such entity has
Comprehensive Solid Waste Collection Agreement
Page 29
equal or greater financial net worth than Contractor on the date of transfer, such
entity remains in the control of Darrick Dietrich, the transferee assumes all
obligations under this Agreement and that written notification of the transfer,
including a copy of the transfer documentation, is provided to the City at least
fifteen (15) days prior to the transfer. For purposes of this section, the term
"control" shall mean ownership of more than 50% of the outstanding voting
stock, membership interest or partnership interest.
10.3. Legal
10.3.1. Laws to GovernNenue
This Agreement shall be governed by the laws of the State of Washington both as
to interpretation and performance. Venue shall be in Superior Court in the State of
Washington for Franklin County.
10.3.2. Attorney Fees
The Contractor agrees to pay reasonable attorney fees in the event the City is
required to retain an attorney to enforce the Contractor's obligations here under.
10.3.3. Arbitration
Any disputes in the first instance shall be directed to the Director of Community
Development for resolution. All unresolved disputes with respect to the handling
of complaints under this agreement shall be submitted to the City Manager for
final resolution.
10.4. Compliance With Laws
Contractor shall comply with all applicable federal, state, county, and local laws, statutes,
rules, regulations or ordinances, including without limitation, all health and
environmental regulations and standards applying to the collection, transport and disposal
of Solid Waste. Contractor shall also comply with all applicable requirements of the
Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial
Safety and Health Act of 1973 (WISHA), and the standards and regulations issued
pursuant to these statutes from time -to -time.
10.5. Non -Discrimination
Contractor shall not discriminate against any employee or applicant for employment
because of age, race, religion, creed, color, sex, marital status, sexual orientation, political
ideology, ancestry, national origin, or the presence of any sensory, mental or physical
handicap, unless based upon a bona fide occupational qualification. Contractor
understands and acknowledges that if it violates this non-discrimination provision and
fails to cure such violation to the satisfaction of the EEOC or state agency having
Comprehensive Solid Waste Collection Agreement
Page 30
jurisdiction, including without limitation, compliance with all terms and conditions set
forth in a settlement agreement, this Agreement may be terminated by the City with thirty
(30) days prior written notice.
10.6. Permits and Licenses
Contractor shall secure all necessary business permits and licenses necessary to provide
the Solid Waste services described herein. Contractor shall duly pay all applicable taxes,
fees and charges incurred, including, but not limited to, license fees and all federal, state,
regional, county and local taxes and fees, including income taxes, property taxes, permit
fees, operating fees, business and occupation taxes, workers' compensation and
unemployment benefits, surcharges of any kind that apply to any and all persons,
facilities, property, income, equipment, materials, supplies or activities related to
Contractor's services provided under the Agreement.
10.7. Relationship of Parties
The City and Contractor expressly acknowledge that the relationship between Contractor
and the City shall at all times be as an independent contractor of the City. No agent,
employee, servant or representative of Contractor shall be deemed to be an employee,
agent, servant or representative of the City.
10.8. Bankruptcy
If (i) Contractor makes any general arrangement or assignment for the benefit of
creditors; (ii) Contractor becomes a "debtor" as defined in 11 U.S.C. § 101 or any
successor statute (unless, in the case of a petition filed against Contractor, the same is
dismissed within ninety (90) days); or (iii) the appointment of a trustee or receiver to take
possession of substantially all of Contractor's assets, where possession is not restored to
Contractor within ninety (90) days, the City may terminate this Agreement upon giving
Contractor written notice thereof. In the event that any provision of this section is
contrary to any applicable law, such provision shall be of no force or effect.
10.9. Right to Renegotiate or Amend
The City shall retain the right to renegotiate this Agreement or negotiate an amendment
based on subsequent changes in and to federal, state, county or city laws, regulations or
policies that materially modify the terms and conditions of this Agreement, provided
however, that the City may not modify the Rate Schedule or the terms by which service
rates are determined. This Agreement may be amended, altered or modified only by a
written amendment, alteration or modification, executed by authorized representatives of
the City and Contractor.
Comprehensive Solid Waste Collection Agreement
Page 31
10.10. Force Majeure
10.10.1 Force Majeure Events
If any Force Majeure event occurs that is not in the direct control of Contractor
and which results in a detrimental effect or a material hardship to Contractor in
the performance of this Agreement, Contractor may request to make an
adjustments to one or more of the Solid Waste service rates or other fees included
in the Rate Schedule by providing written notice to the City together with an
explanation of the need for such rate adjustments arising from such Force Majeure
event. Contractor shall submit such written request not more than ninety (90)
days and not less than sixty (60) days prior to the proposed effective date of the
requested service rate change, and the City shall promptly consider such proposed
rate change. If the City requires review of Contractor's financial or other
proprietary information in conducting its rate review, at the request of Contractor,
the City shall retain a third party to review such information at Contractor's
expense, provided however, that Contractor may require such third party to
execute a commercially reasonable confidentiality agreement. Any such
additional financial review costs shall be considered allowable business expenses
for future rates adjustment purposes.
10.10.2 Force Majeure Occurrences of Non -Default
Contractor shall not be deemed to be in default and shall not be liable for failure
to perform under this Agreement if Contractor's performance is prevented or
delayed by acts of terrorism, acts of God including landslides, lightning, forest
fires, storms, floods, freezing and earthquakes, civil disturbances, wars,
blockades, public riots, explosions, unavailability of required materials or disposal
restrictions, governmental restraint or other causes, whether of the kind
enumerated or otherwise, that are not reasonably within the control of Contractor
("Force Majeure"). If as a result of a Force Majeure event, Contractor is unable
wholly or partially to meet its obligations under this Agreement, Contractor shall
promptly give the City written notice of the Force Majeure event, describing it in
reasonable detail. Contractor's obligations under this Agreement shall be
suspended, but only with respect to the particular component of obligations
affected by the Force Majeure event and only for the period during which the
Force Majeure event exists.
10.11. Illegal Provisions/Severability
If any provision of this Agreement shall be declared illegal, void, or unenforceable, the
other provisions shall not be affected, but shall remain in full force and effect.
10.12. Waiver
No waiver of any right or obligation of either party hereto shall be effective unless in
Comprehensive Solid Waste Collection Agreement
Page 32
writing, specifying such waiver, and executed by the party against whom such waiver is
sought to be enforced. A waiver by either party of any of its rights under this Agreement
on any occasion shall not be a bar to the exercise of the same right on any subsequent
occasion or of any other right at any time.
10.13. Entirety
This Agreement and the exhibits attached hereto represent the entire agreement of the
City and Contractor with respect to the services to be provided under this Agreement. No
prior written or oral statement or proposal shall alter any term or provision of this
Agreement except as provided herein.
WITNESS THE EXECUTION HEREOF on the day and year first herein above written.
B DISPOSAL, INC.
Darrick Dietrich, President
CITY OF PASCO
Matt Watkins, Mayor
A E
ebbie Clark, City Clerk
Comprehensive Solid Waste Collection Agreement
Page 33
Exhibit A
Defmitions
Agricultural Processed Waste: "Agricultural Processed Waste" means any waste which
consists exclusively of the remainder and residue of processed fruit or vegetables.
Base Tonnage: "Base Tonnage" means the original 1,500 tons of solid waste services
transported and removed by the Contractor to the City without any direct cost.
Biomedical Waste: `Biomedical Waste" has the same meaning set forth in WAC 480-70-041.
Bulky Materials: "Bulky Materials" means bags, boxes, or bundles, or empty carriers, cartons,
boxes, crates, etc., or materials offered for disposal, all of which may be readily handled without
shoveling (not loose, uncontained materials). Individual items shall not exceed two feet by two
feet by five feet (2' x 2' x 5') in dimension, and not weight more than 65 pounds.
Charge: "Charge" means a set flat fee for performing a service. Or, the result of multiplying a
rate for a unit times the number of units transported.
City: "City" means the City of Pasco, Franklin County, Washington.
City Service Area: "City Service Area" means the current corporate limits of the City,
excluding only those areas for which a different Solid Waste collection company is providing
Solid Waste service pursuant to a pre-existing franchise or permit.
Commercial Customer: "Commercial Customer" means all non -Residential Customers,
including but not limited businesses, institutions, governmental agencies, and all other users,
including occupants of Residences, Mobile Horne Parks, Multi -Family Complexes and Mixed -
Use Buildings, of commercial -type Solid Waste collection services.
Compactor Disconnect/Reconnect Charge: "Compactor Disconnect/Reconnect Charge" means
a flat fee established by the solid waste collection company for the service of disconnecting a
compactor from a drop box or container before taking it to be dumped, and then reconnecting the
compactor when the drop box or container is returned to the customer's site.
Container: "Container" means any Detachable Container, Drop -Box Container, or wheeled cart
owned and provided by Contractor.
Contractor: "Contractor" means Basin Disposal, Inc.
Curb or Curbside: "Curb" or "Curbside" means a location on a Residential Customer's
property within five (5) feet of a Public Street or Private Road without blocking sidewalks,
driveways or on -street parking.
Comprehensive Solid Waste Collection Agreement, Exhibit A
Page 1
Customer: "Customer" means all entities or persons required to utilize Solid Waste services
within the City Service Area, including property owners, property managers and tenants, or as
otherwise defined in Pasco Municipal Code Chap. 6.04.
Detachable Container: "Detachable Container" means a watertight metal or plastic Container
equipped with a tight -fitting cover, capable of being mechanically unloaded into a collection
vehicle, and that is not less than one and a half (1.5) cubic yards or greater than eight (8) cubic
yards in capacity.
Drop -Box Container: "Drop -Box Container" means an all -metal Container with ten (10) cubic
yards or more capacity that is loaded onto a specialized collection vehicle, transported to a
disposal or recycling site, emptied and transported back to the Customer's site.
Exercise Date: "Exercise Date" means the date that the City counter signed the Contractor's
proposal that the City requested under section 5.5 (Recyclable Materials and Green Waste) of
this contract.
Gate Charge: "Gate Charge" means a flat fee charged for opening, unlocking, or closing gates
in order to pick up solid waste.
Garbage: "Garbage" means all putrescible Solid Waste.
Hazardous Waste: "Hazardous Waste" means any substance that is:
A. Defined as hazardous by 40 C.F.R. Part 261 and regulated as Hazardous Waste by the
United States Environmental Protection Agency under Subtitle C of the Resource
Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as
amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic
Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or
regulation governing the treatment, storage, handling or disposal of waste imposing
special handling or disposal requirements similar to those required by Subtitle C of
RCRA.
B. Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as
dangerous waste or extremely Hazardous Waste by the Washington State Department of
Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or
any other Washington State statute or regulation governing the treatment, storage,
handling or disposal of wastes and imposing special handling requirements similar to
those required by Chapter 70.105 RCW.
C. Hazardous Waste shall not include any materials defined as Household Hazardous Waste.
Household Hazardous Waste: "Household Hazardous Waste" has the same meaning set forth
in RCW 70.102.010(2), together with any applicable regulations promulgated by the Washington
Department of Ecology pursuant thereto.
Loose Material: "Loose Material" means material not set out in bags or containers, including
materials that must be shoveled.
Comprehensive Solid Waste Collection Agreement, Exhibit A
Page 2
Mixed Paper: "Mixed Paper" means magazines, junk mail, phone books, bond or ledger grade
paper, cardboard, paperboard packaging, paper cups and other fiber -based materials meeting
industry standards, but excluding tissue paper, paper towels, food -contaminated paper or paper
packaging combined with plastic, wax and foil.
Mixed -Use Building: "Mixed -Use Building" means a structure inhabited by both Residential
and Commercial Customers.
Mobile Home Park: "Mobile Home Park" shall mean a parcel of land which has been planned,
improved or is currently used for the placement of mobile homes and contains more than one (1)
mobile home lot. Mobile Home Parks shall be billed collectively for collection service.
Multi -Family Complex: "Multi -Family Complex" means a multiple -unit Residence with three
or more attached units and billed collectively for collection service.
Packer: "Packer" means a device or vehicle specially designed to pack loose materials.
Pass Through Fees: "Pass Through Fees" means a fee collected by a solid waste collection
company on behalf of a third party when the fee is billed directly to the customer without
markup or markdown.
Permanent Service: "Permanent Service" means Container and drop -box service provided at
the customer's request for more than 90 days.
Private Road: "Private Road" means a privately owned and maintained right of way or access
easement that allows for access by a service vehicle and that serves multiple Residences.
Public Street: "Public Street" means a public right-of-way or easement maintained by the City,
County or the State and used for travel by the public.
Rate: "Rate" means a price per unit or per service. A rate is multiplied times the number of
units or services.
Recyclable Materials: "Recyclable Materials" means materials consisting of aluminum cans
and foil; corrugated cardboard; tin cans; recyclable plastic containers that did not contain
Biomedical Waste, Hazardous Waste or Household Hazardous Waste; Mixed Paper; newspaper;
and such other materials that the City and Contractor may determine from time to time to be
recyclable and are otherwise consistent with all applicable ordinances or comprehensive solid
waste plans of the City, if any.
Residence/Residential: "Residence" or "Residential" mean a living space, with a kitchen,
individually rented, leased or owned.
Residential Cart: "Residential Cart" means a 64- or 96- gallon wheeled cart suitable for deposit,
storage and collection of Solid Waste.
Comprehensive Solid Waste Collection Agreement, Exhibit A
Page 3
Residential Customer: "Residential Customer" means all Customers residing in a Single -
Family Residences.
Service Accord: "Service Accord" means limited services that the Contractor agrees to provide
to The City as described in Exhibit "E"
Single -Family Residence: "Single -Family Residence" means all one -unit houses, each living
unit of a duplex if billed individually, and mobile homes that are billed for collection service
individually and located on a Public Street or Private Road, and not part of a Mobile Home Park.
Solid Waste: "Solid Waste" shall have the same meaning set forth in RCW 70.95.030, but shall
not include Biomedical Waste, Hazardous Waste or Household Hazardous Waste. If and when
the City permits a separate collection service for Recyclable Materials and Green Waste at City's
request or under the jurisdiction of the WUTC, Recyclable Materials and Green Waste shall be
deemed to be separate categories of Solid Waste where expressly provided in this Agreement.
Special Pickup: "Special Pickup" means a pick-up requested by the customer at a time other
than the regularly scheduled pick-up time, that requires the special dispatch of a truck. If a
special dispatch is required, the company will assess time rates established in the Contractor's
Exhibit.
Solid Waste Unit: "Solid Waste Unit" means a receptacle made of durable, corrosion -resistant,
nonabsorbent material that is watertight, and has a close -fitting cover and two handles, or is a
bag, box, or bundle that contains Solid Waste. A Solid Waste Unit can hold no more than thirty-
two gallons or four cubic feet of Solid Waste, and weigh no more than 65 pounds when filled. In
addition, a Solid Waste Unit shall not exceed two feet by two feet by five feet (2' x 2' x 5') in
dimension.
Unlocking: "Unlocking" means a flat fee imposed by a solid waste collection company when the
company's personnel must unlock padlocks or other locking devices to perform pickup services.
WUTC: "WUTC" means the Washington Utilities and Transportation Commission.
Comprehensive Solid Waste Collection Agreement, Exhibit A
Page 4
Exhibit B
City Service Area
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City Limits 2016 t=
Comprehensive Solid Waste Collection Agreement, Exhibit B
Page 1
Exhibit C
Rate Schedule
30-Oct-15 Page 2
Index of Items
Pape
Index
Index by Item
2
Index
Index by Topic
3
Item 5
Application of Rates - Taxes
4
Item 40
Material Requiring Special Equipment, Precautions, or Disposal
5
Item 45
Material Requiring Special Testing and/or Analysis
5
Item 50
Returned Check Charges
5
Item 51
Restart Fees
6
Item 53
New Customer Prepayments
6
Item 70
Return Trips
7
Item 80
Carryout Service
8
Item 100
Residential Can/Unit Service, Curbside Recycling, Greenwaste Service
9
Item 100
Residential Can/Unit Service, Curbside Recycling, Greenwaste Service
10
Item 150
Loose and/or Bulky Material
11
Item 160
Tune Rates
12
Item 200
Application of Detachable Container and/or Drop Box Rates - General
13
Item 205
Roll -Out Charges - Residential Carts and Detachable Containers
14
Item 207
Excess Weight - Rejection of Load, Overweight Charges to Transport
15
Item 210
Washing and Sanitizing Residential Carts, Detachable Containers and Drop Boxes
16
Item 230
Disposal Fees
17
Item 240
Container Service - Non -compacted Can
18
Item 240
Container Service - Non -compacted Container
19
Item 255
Container Service - Compacted - Customer -owned Container
21
Item 260
Drop Box Service - Non -Compacted - Company -Owned Drop Box
22
Item 270
Drop Box Service - Compacted - Company -Owned Drop Box
23
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 1
Index of Tor&
Item N Page
IndexurItem ......................................................................................................... ...
z
Indexby ---'-----'--'--------''--'------''
a
BulkyMaterial .............................................................................................................
150
n
Carryout service .—'---... —'----'__'—_--_''----
mo
o
Detachable Container service, compacted .................................................... ... --................
ze
o
Detachable Container service,
»m
m
................................
200
13
unmchamoxonowners andl"Drop Boxes, general rules -------------------
om
xa
Detachable ooumin°rs=o«"Drop Boxes, washing and sanitizing .------'--------
oo
16
---------------------'---
»s
o
Disposalfees .......................... ....................................................................................
230
17
Drop -box service,
on
23
Drop -Box service, Non -Compacted, - � ...................... —............................. --------'
260
zc
Excess Weight 'Rejection of^"m,Overweight Charges mTransport ...........................................
zm
n
Residential Service ......... -----------------------------�
100
o
RestartFees .................................................................................................................
51
6
Return
m
r
Roll -out omugm------'---------------------------
zm
w
Time rates..
1*0
o
Comprehensive Solid Waste Collection Agreement, Exhibit
30-Oct-15 Page
Item 5
Item 5 — Application of Rates — Taxes
Entity imposing tax: I Description I Amount of tax: I Application Commodities
City of Pasco
I Pasco Utility Tax
8.56%
Applicable Customers - Revenue
State of Washington
I WA Solid Waste Tax
3.60%
1 Applicable Customers -Revenue
Note 1: The rates defined within this Exhibit C include the Pasco Utility Tax
Of 8.5%.
Note 2: The Washington State Solid Waste Tax will be applied as a line item to the rates
as defined within this Exhibit C.
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 3
30-00-15 Page
Items 40, 45, 50
Item 40 -- Material Requiring Special Equipment, Precautions, or Disposal
Transportation of solid waste requiring special equipment or precautions in handling or disposal will be subject
to Time Rates named in Item 160, or to other specific rates contained in this appendix.
Contractor will make every effort to be aware of the commodities that require special handling at the disposal
sites. The Contractor shall maintain a list of those commodities and make it available for public inspection at
the Contractors office.
Item 45 -- Material Requiring Special Testing and/or Analysis
When the Contractor or disposal facility determines that testing and/or analysis of solid waste is required to
determine whether dangerous or prohibited substances are present, the actual cost for such testing and/or
analysis will be paid by the customer. At the Contractor's election, they may help provide the customer with
testing and/or analysis of the dangerous or prohibited substance. If the Contractor elects to help with the testing
and analysis, these costs will be passed through to the customer.
Item 50 —Returned Check Charges
Returned Check Charge. If a customer pays with a check, and the customer's bank refuses to honor
that check, the customer will be assessed a Return Check Charge in the amount of S35.00.
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 4
30-Oct-15 Page
Items 51 and 53
Item 51-- Restart Charge
A Restart Charge will be assessed on all customers whose service is discontinued for
non-payment and who subsequently reinstate services.
Restart Charges are as follows:
A Restart Charge of S43,40 will be assessed to Residential Cart customers whose service is
discontinued for non-payment. Please see Item 100.
A Restart Charge of $43.40 will be assessed to Detachable Container customers whose service is
discontinued for non-payment. Please see Item 240.
A Restart Charge of $43.40 will be assessed to Drop Box customers whose service is
discontinued for non-payment. Please see Item 260.
Item 53 -- Prepayments for Residential, Commercial, Drop Boa and Temporary Customers
A Prepayment of V1.00 will be assessed to all first time (new) Residential Customers.
The prepayment will be applied to the customer's account in the event of non-payment, after one year of
service, or be returned to the customer upon termination of the residential service. Please see Item 100.
A Prepayment is equal to the first month's cost of service, and will be assessed to all fist time
(new) Commercial Customers. The prepayment will be applied to the customer's account in the event of
non-payment, after one year of service, or be returned to the customer upon termination of the
commercial service. Please see Item 240 & 255.
A Prepayment of $210.00 will be assessed to first time (new) Drop Box Customers.
The prepayment will be applied to the customer's account in the event of
non-payment, after one year of service, or be returned to the customer upon termination of the
Drop Box service. Please see Item 260 & 270.
A Prepayment will be assessed for each given Temporary Service, and will be assessed
at the time the customer signs up for the Temporary Service. The Prepayment will be applied to the
customer's account upon termination of the Temporary Service. Please see Items 240 & 260
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 5
30-Oct-15 Page
Item 70
Item 70 -- Return Trips
When the Contractor is required to make a Return Trip, that does not require the special dispatch of a truck, to
pick up material that was unavailable for collection for reasons under the control of the customer, the following
additional charges, per pickup, will apply:
Type of Container Return Trip Charge
Residential Cart (Senior only), 64 gallons ............. $ 11.00
Residential Cart, 96 gallons ............. $ 11.00
Detachable Container (Container) ............. $ 21.85
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 6
30-Oct-15 Page
Item 80
Item SO -- Carry -Out Service
Contractor will assess the following additional charges when customers request that Contractor personnel
provide Carry -Out Service of Residential Cans/Units not placed at the curb, the alley, or other point
where the Contractor's vehicle can be driven to within five feet of the Residential Cans/Units using
improved access roads commonly available for public use. Driveways are not considered improved access
roads commonly available for public use.
Carry -Out Charge Commercial Rates
Per Unit, Per Pickup
64 or 96 gallon Cart $ 3.25
that must be carried out over 5 feet, but
not over 25feet.
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 7
30-Oct-15 Page
Item 100
Item 100 -- Residential Service -- MouthW Rates (continued on next nape)
Rates below apply in the following service area: City of Pasco
Number of
Units or Type
of Residential Carta
(1) 64 gallon Residential Cart (Senior/Law Income Only)
(1) 96 gallon Residential Cart
(1) Mufti Family/Duplex 96 gallon Residential Cart
Each Additional 96 gallon Residential Cart
Frequency Garbage Recycle Greenwaste
Of Service Service Service
Service ERt4 &k Itate
WG $ 9.22 #N/A #N/A
WG $ 18.45 #R /A #N/A
WG $ 18.45 #N/A MA
WG $ 1.90 #N/A #NIA
Frequency of Service Codes: WG=Weekly Garbage; NA -Service is not available at this time
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 8
30-Oct-I5 Page 10
Item 100
Item 100 -- Residential Service -- Monthly Rates (continued from previous paee)
Type of service
&&
Prepayment Charge
$
35.00
Restart Charge
$
43.40
Return Trip Charge
$
11.00
Carry Out Service- up to 25 feet
$
3.25
Replacement Cart Charge
$
85.00
Return Check Charge
$
35.00
Freon Discharge Charge (Appliances)
$
35.00
Passenger Tire Charge
$
5.00
Truck Tire Charge
$
10.00
Note 1: A Prepayment Charge of will be assessed to a first time (new) Residential Customers.
The prepayment will be applied to the customers account in the event of nonpayment, after one year of
service, or be returned to the customer upon termination of the residential service. Please see Item 53.
Note 2: A Restart Charge will be assessed on all customers whose service is discontinued for
non-payment and aiuo subsequently reinstate services. Please see Item 51.
Note 3: If the customer requests the Contractor to make a Return Trip Charge due to no fault
of Contractor, Contractor shall be permitted to charge the Customer a Return Trip Charge
Please see Item 70.
Note 4: Contractor will assess additional charges (Item 80) when customers request that Contractor personnel
prov ide Carry -Out Service of Residential Carw Units not placed at the curb, the alley, or other point
where the company's vehicle can be driven to within five feet of the Residential Cans/Units using
improved access roads commonly available for public use. Driveways ere not considered improved
access roads commonly available for nublic use.
Note 5: If arty customer who destroys a Cart, does notreturn the Cartupon termination, or service is shut
off for non-payment and they refuse to surrender the Cart a Replacement Cart Charge will be charged.
Note 6: If a customer pays with a check, and the customer's bank refuses to honor
that check, the customer will be assessed a Return Check Charge.
Note 7: If a customer requests Contractor to pick up any appliance that contains Freon
the customer will be charged a Freon Discharge Charge.
Note 8: If a customer disposes of mare than 4 passenger car tires, with or without rims, the Contractor
will charge an additional Passenger or Truck Tire Charge.
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 9
30-Oct-I5 Page 11
Item 150
Item 150 — Units. Buljt� Material dt Appliances. Furniture
Minimum Charge
Rate Per Pickup
Solid Waste Unit $ 3.80 per unit N/A
Bulky Materials $ 14.15 per cubic yard $ 14.15
Appliances, Furniture Items $ 14.15 per item $ 14.15
Freon Discharge Charge $ 35.00 per item N/A
Note l : "Solid Waste Units" and 'BuUty Materials" charges only apply when items are not properly
contained for collection as defined in section 5.1.1 of the contract. Please see below referenced Notes 2
and 3 for definition of sizes and containment of solid waste and bulky items.
Note 2: "Bulky Materials" means bags, boxes, or bundles; or empty carriers, cartons, crates or materials
offered for disposal all of which may be readily handled without shoveling (not loose, uncontained
materials). Individual items shall not exceed two feet by two feet by five feet (7 x 2' x 51) in dimension,
and not weigh more than 65 pounds.
Note 3: "Solid Waste Unit' is defined in the Comprehensive Solid Waste Agreement, but generally means
any individual receptacle, can, plastic bag, cart, box, carton or other container that does not
hold more than 32 gallons or 4 cu R of solid waste, and which does not weight more than
65 pounds when filled
Note 4: Appliances will be charged at the per item rate named above. If the Appliance has Freon,
the Freon Discharge Charge will also be applied.
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 10
30-0ct-15 Page 12
Item 160
Item 160 --Time Rates
When time rates apply. Time Rates named in this Item apply:
(a) When material must be taken to a special site for disposal;
(b) When the Contractor's equipment must wait at, or return to, a customer's site to provide scheduled
service due to no disability, fault, or negligence on the part of the company. Actual waiting time or time
taken in returning to the site will be charged for; or
(c) When a customer orders a single, special, or emergency pickup, or when other items in this tariff
refer to this Item.
How rates are recorded and charged. Time must be recorded and charged for to the nearest increment of
15 minutes. Time rates apply for the period from the time the Contractor's vehicle leaves the terminal, until
it returns to the terminal, or when it leaves its pre -scheduled route and drives towards the Customer's site,
excluding interruptions. An interruption is a situation causing stoppage of service that is in the control of the
company and not in the control of the customer. Examples include: work breaks, breakdown of equipment,
and similar occurrences.
Disposal fees in addition to time rates. Item 230 Disposal Fees for the disposal site or facility used will
apply in addition to time rates.
Rate Per Hour
Each Extra Minimum
Tyne of Equipment ordered Truck and Driver Person Charge
Single rear drive axle: $ 60.00 $ 40.00 $ 40.00
Tandem rear drive axle: $ 95.00 $ 47.50 $ 47.50
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page i l
30-Oct-I5 Page
Item 200
Item 200 — Detachable Containers and/or Drou Boxes — General Rules
Availability. Contractor must maintain a supply of all sizes of Containers and Drop Boxes for
which rates are listed in this Appendix. If a customer requests a Container or Drop Box of a size
listed in the Contractor's Appendix, and the Contractor is unable to provide the requested size
within 7 days of the customer request, the customer must be notified in writing or by telephone.
Alternate -sized Containers and/or Drop Boxes. If the Contractor cannot provide the requested -
sized Container or Drop Box (and that size is listed in this exhibit), the Contractor must provide
alternate -sized Containers or Drop Boxes, sufficient to meet the capacity originally requested by the
customer, at the same rates as would have applied for the requested Container or Drop Box.
Disposal fees due on alternate sized Drop Boxes. If the Contractor provides alternate -sized Drop
Boxes, the customer is responsible for all applicable disposal fees resulting from the use of the
alternate Drop Boxes.
Rates on partially -tilled Containers and/or Drop Boxes. Full pickup and rental rates apply
regardless of the amount of waste material in the Container or Drop Box at pickup time.
Rates for compacted materials. Rates for compacted material apply only when the material has
been compacted before its pickup by the Contractor (See Section 4.25 of Contract}
Rates for loose material. Loose material dumped into the Contractor's packer truck is subject to
the rates for non -compacted material even though the material may be compacted later in the packer
truck.
Permanent and Temporary Service. The following rules apply:
(a) If a customer requests a Container or Drop Box for less than 90 days, the customer will be
billed at Temporary Service rates.
(b) If a Temporary Service customer notifies the Contractor that it has decided to retain the
Container or Drop Box for more than 90 days, Permanent Service rates will be assessed from the
91 st day until the end of the period the customer retains the Container or Drop Box.
(c) If a customer requests a Container or Drop Box for more than 90 days, the customer will be
billed under permanent rates. If that customer cancels service before the end of the 90-day period,
the company may not rebill the customer at Temporary Service rates. The intent of the customer at
the time service was requested applies.
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 12
30-Oct-15 Page 14
Item 205
Item 205 -- Roll -Out Charge, and Gate Charge
Charges for Carts and Containers
The Contractor will assess Roll -Out Charges where, due to circumstances outside of the control
of the driver, the driver is required to move the Cart or Container more than five (5) feet, but less than
twenty-five (25) feet in order to reach the truck.
The charge for this Roll -Out Charge is:
$3.25 per Cart or Container, per pick-up
The Contractor will assess a Gate Charge where the driver is required to unlock
a container, locking bar, enclosure or open a gate in order to access a Cart or Container.
The charge for this Gate Charge is:
$3.25 per pickup
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 13
30-Oct-15 Page 15
Item 207
hem 207 -- Excess Weight — Rejection of Load, Charees to Transport
The Contractor reserves the right to reject pickup of any Detachable Container, stationary packer, or Drop Box which
upon reasonable inspection:
(1) Appears to be overloaded
(2) Would cause applicable vehicle load limitations to be exceeded;
(3) Would cause the company to violate load limitations or result in unsafe vehicle
operatiort;
(4) World negatively impact or otherwise damage road surface integrity; and/or
(5) Contains anything that appears riot to be MSW or could do damage to the vehicle.
For the purposes of this Appendix the following maximum weights apply.
Type/Size of
Maximum Weight
Container, Drop Box,
Allowance per
or Cart
Receptacle (in pounds]
Carts - 64 Gallon
1201bs
Carts - 96 Gallon
180 lbs
Detachable Containers - I to 8 cu yds
1,200 lbs
Drop Boxes - All Sizes
20,000 lbs
Overfilled or overweight, charges if transported If the Container, Drop Box, or Cart exceeds the
limits stated above, is filled beyond the marked fill line, or the top is unable to be closed, but the
Contractor transports the materials, the following additional charges will apply.
Type/Size of
Container, Drop Box,
Crrt
or
Carts - All Sizes
Chame
$5900 Per Pickup
Detachable Container -1 to 8 cu yds
514a Per Yard
Drop Boxes - All Sizes
IM Per Yard
Compacted material
;F2$.30 Per Yard
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 14
30-Oct-I5 Page 16
Item 210
Item 210 -- Washing and Sanitizing Detachable Containers andlor Drop Boxes
Upon customer request, the Contractor will provide washing and sanitizing service at the following rates:
Sae or Type of
Container or Drop Box Rate
Steam Cleaning -Detachable Container $ 40.50
Steam Cleaning - Drop Box $ 100.50
Note l : The rate for washing and sanitizing Detachable Contav-ers and Drop Boxes includes
the fee for delivering the newly cleaned Detachable Container or Drop Box back to the
customer's location
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 15
30-Oct-15 Page 17
Item 230
Item 230 — Disposal Fees
Charges in this item apply when other items in this Appendix specifically refer to this item.
Type of Material Fee for Disposal
MS W $ 44.31
Green Waste #N/A
Commingled Recycle #N/A
Note 1: The Disposal Fee includes the Pasco Utility Tax of 8.5%
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 16
30-Oct-l5 Page 18
Item 240
Item 240 -- Commercial Cart Service — bumped in Company's Vehicle
Non -compacted Material
Rates stated per Commercial Cart per month
Service Area: City of Pasco
Permanent Service
Pickup - One Time per Week
Pickup - Two Times per Week
Special Pickups
Additional Pickup
Return Trip Charge
Restart Charge
Temporary Service
Delivery
Pickup Rate
Rent Per Calendar Day
Prepayment
Size or Type
of Container
64 Gal Cart
96 Gal Cart
$
21.70
$
40.15
$
43.40
$
80.30
$
16.00
$
20.27
$
5.00
$
9.27
$
11.00
$
11.00
$
43.40
$
43.40
$ 11.00 $ 11.00
$ 7.00 $ 12.97
$ 5.50 $ 5.50
$ 35.00 $ 35.00
Note] : Permanent Service: Service is defined as no less than scheduled, every week pickup,
Customer will be charged for service requested, even if fewer containers are serviced on a
particular trip. No credit will be given for partially -filled containers.
Note 2: Permanent Service: A Prepayment of S35.00 will be assessed to all first time
(new) Commercial Customers. The Prepayment will be applied to the customer's account
in the event of non-payment, after one year of service, or be returned to the customer
upon termination of the commercial service.
Note 3: Special Pickup is the Each Addt'1 Pickup rate plus Item 70 Return Trip - Carts.
Note 4: Restart subject to Item 51 - Restart Charges
Note 5: A Prepayment will be assessed on Temporary Service accounts as noted above.
Accessorial Charges (lids, unlocking, uniatchina, etc.)
Note 6: A Gate Charge of $3.25 will be assessed on each pickup where the driver is required
to unlock a container, locking bar, enclosure or open a gate in order to access a Cart or Container.
Note 7: A Return 'Trip Charge of $11_00 will be assessed when the company driver is
required to make a return trip, that does not require the special dispatch of a
truck, to pick up a Cart or material that was unavailable for collection for
reasons under the control of the customer.
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 17
30-Oct-15 Page 19
Item 240
Item 240 - Detachable Container Service -- Dumped in Company's Vehicle (continued)
Non -compacted Material
Rates stated per Detachable Container, per month
Service Area: City of Pasco
Size or Type of Container
Permanent Service L5 Yard 2 Yard 3 Yard 4 Yard 6 Yard
8 Yard
Pickup - One Time per Week $ I ]0.00 $ 130.00 $ 150.00 $ 185.00 $ 235.00
$ 300.00
Pickup - Two Times per Week $ 212.00 $ 250.00 $ 290.00 $ 365.00 $ 465.00
$ 585.00
Pickup - Three Tines per Week $ 320.00 $ 375.00 $ 435.00 $ 540.00 $ 690.00
$ 880.00
Pickup - Four Times per Week $ 425.00 $ 495.00 $ 570.00 $ 705.00 $ 910.00
$ 1,150.00
Pickup - Five Times per Week $ 520.00 $ 610.00 $ 705.00 $ 870.00 $ 1,140.00
$ 1,425,00
Special Pickups $ 47.24 $ 51.85 $ 56.47 $ 64.55 $ 76.08
$ 91.09
Additional Pickup $ 25.39 $ 30.00 $ 34.62 $ 42.70 $ 54.23
$ 69.24
Return Trip Charge $ 21.85 $ 21.85 $ 21.85 $ 21.85 $ 21.85
$ 21.85
Restart Charge $ 43.40 $ 43.40 $ 43.40 $ 43.40 $ 43.40
$ 43.40
Temporary Service
Delivery #N/A #N/A $ 21.85 $ 21.85 $ 21.85
$ 21.85
Pickup Rate #N/A #NIA $ 55.25 $ 65.25 $ 80.25
$ 100.25
Rent Per Calendar Day #NIA #N/A $ 5.50 $ 5.50 $ 5,50
$ 5.50
Prepayment #NIA #NIA $ 125.00 $ 125.00 $ 125.00
$ 125.00
Notel : Permanent Service: Service is defined as no less than scheduled, every week pickup.
Customer will be charged for service requested, even if fewer containers are serviced on a
particular trip. No credit will be given for partially -filled containers.
Note 2: Special Pickup is the Each Addel Pickup rate plus Item 70 Return Trip - Container
Note 3: Restart subject to Item 51 - Restart Charges
Note 4: Permanent Service: A Prepayment is equal to the first month's cost of service, and
will be assessed to all first time (new) Commercial Customers. The prepayment will be
applied to the customer's account in the event of non-payment, after one year of service,
or be returned to the customer upon termination of the Commercial Service.
Please see Items 240 and 255.
Note 5: A Prepayment will be assessed on Temporary Service accounts as noted above.
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 18
30-Oct-l5 Page 20
Item 240
Accessorial Charges (lids, unlocking, unlatchine, etc.)
Note 6: A Gate Charge of $3.25 will be assessed on each pickup where the driver is required
to unlock a container, locking bar, enclosure or open a gate in order to access a Cart or Container.
Note 7: A Return Trip Charge of $21_85 will be assessed when the company driver is
required to make a return trip, that does not require the special dispatch of a truck, to
pick up a Container or material that was unavailable for collection for reasons under
the control of the customer.
Note 8: If customer requires a Locking Container, a one time fee of $95.00 will be assessed.
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 19
30-Oct-15 Page 21
Item 255
Item 255 -- Detachable Container Service -- Dumped
in Company's
Vehicle
Compacted Material
Rates stated per Detachable Container,
per month
Service Area: City of Pasco
Size or Type
of Container
Permanent Service
2 Yard
3 Yard
4 Yard 6 Yard
Pickup - One Time per Week
$
170.35
$
205.35
$ 250.35
$ 325.35
Pickup - Two Times per Week
$
340.70
$
410.70
$ 500.70
$ 650.70
Special Pickups
$
61.19
$
69.27
$ 79.67
$ 96.99
Additional Pickup
$
39.34
$
47.42
$ 57.82
$ 75.14
Return Trip Charge
$
21.85
$
21.85
$ 21.85
S 21.85
Restart Charge
$
43.40
$
43.40
$ 43.40
$ 43.40
Note 1: Permanent Service: Service is defined as no less than scheduled, every week pickup.
Customer will be charged for service requested, even if fewer containers are serviced on a
particular trip. No credit will be given for partially -filled containers.
Note 2: Special Pickup is the Each Addt'I Pickup rate plus Item 70 Return Trip - Container.
Note 3: Restart subject to Item 51 - Restart Charge.
Note 4: Permanent Service: A Prepayment is equal to the first months cost of service, and
will be assessed to all first time (new) Commercial Customers. The prepayment will be
applied to the customers account in the event of non-payment, after one year of service,
or be returned to the customer upon termination of the Commercial Service.
Please see Items 240 and 255.
Accesserial charges assessed (Lds unlocking unlatching etc.)
Note 5: A Gate Charge of S3.25 will be assessed on each pickup where the driver is required
to unlock a container, locking bar, enclosure or open a gate in order to access a Cart or Container.
Note 6: A Return Trip Charge of $1 will be assessed when the company driver is required
to make a return trip, that does not require the special dispatch of a truck, to pick up a
Cart or Container or material that was unavailable for collection for reasons under the
rontrnl of the n dnmer
Note 7: A Disconnect/Reconnect Fee of $3.25 per pickup will be assessed when Containers are
attached to a compactor that requires disconnecting or reconnecting.
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 20
30-Oct-15 Page 22
Item 260
Item 260 -- Drop Box Service - To Disposal Site and Return
Non -Compacted Material
Rates stated per Drop Box, per pickup
Service Area: City of Pasco
Size or Type of Container
Permanent Service
11 Yard115 Yard
20 Yard
30 Yard
40 Yard
50 Yard
Delivery Charge
$
55.00
$ 55.00
$ 55.00
$ 55.00
$ 55.00
Haul Charge
$
140.00
$ 145.00
$ 150.00
$ 160.00
$170.00
Trip Charge
$
55.00
$ 55.00
$ 55.00
$ 55.00
$ 55.00
Minimum Monthly Charge
$
140.00
$ 145.00
$ 150.00
$ 160.00
$170.00
Prepayment
$
250.00
$ 250.00
$ 250.00
$ 250.00
$ 250.00
Restart Charge
$
43.40
$ 43.40
$ 43.40
$ 43.40
$ 43.40
Temporary Service
Delivery Charge
$
55.00
$
55.00
$
55.00
$
55.00
$ 55.00
Haul Charge
$
140.25
$
145.25
$
150.25
$
160.25
$170.25
Trip Charge
$
55.00
$
55.00
$
55.00
$
55.00
$ 55.00
Daily Rental Charge
$
7.50
$
7.50
$
7.50
$
7.50
$ 7.50
Prepayment
$
250.00
$
250.00
$
250.00
$
250.00
$ 250.00
Note l : Rates in this item are subject to Disposal Fees named in Item 230.
Note 2: Temporary Service: means providing Drop Box service at the customer's request, for a
period of ninety days or less.
Permanent Service: means Drop Box service provided at customers request for more than
90 days.
Note 3: For Permanent Service accounts, if a Drop Box is retained by a customer for
a full month and no pickups are ordered, a Minimum Monthly Charge will be assessed
Note 4: Restart subject to Item 51 - Restart Charge - Drop Box,
Note 5: Rates named in this item apply for all hauls within the City Limits of Pasco, to the disposal site. Any
miles driven outside the City limits of Pasco will be charged for atUM per mile. Mileage Charge is
in addition to all regular charges.
Note 6: A Prepayment will be assessed on Temporary Service accounts as noted above.
Accessorial chages assessed (lids, unlockinc unlatchinrt. etc.)
Note 7: A Gate Charge of S3.25 will be assessed on each pickup where the driver is required
to unlock a container, locking bar, enclosure or open a gate in order to access a Cart or Container.
Note 8: A Trip Charge of $22 will be assessed when the company driver makes a trip to the
customer's location, but due to reasons under the control of the customer, was not able to
complete the haul.
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 21
30-Oct-15 Page 23
Item 270
Item 270 — Drop Box Service
-- To Disposal
Site and
Return
Compacted Material
Rates stated per Drop Box,
per pickup
Service Area: City of Pasco
Size or Type of Container
Permanent Service
15 Yd
20 Yd
20 Yd
30 Yd/35 Yd
40 Yd
Delivery Charge
$ 55.00
$ 55.00
$ 55.00
$ 55.00
$ 55.00
Haul Charge
$165.00
$165.00
$165.00
$ 165.00
$ 165.00
Trip Charge
$ 55.00
$ 55.00
$ 55.00
$ 55.00
$ 55.00
Prepayment
$250.00
$ 250.00
$250.00
$ 250.00
$ 250.00
Restart Charge
$ 43.40
$ 43.40
S 43.40
$ 43.40
$ 43.40
Note 1: Rates in this item are subject to Disposal Fees named in Item 230.
Note 2: If a Drop Box is retained by a customer for a full month and no pickups are ordered,
and the Drop Box is owned by the Contractor, a Monthly Charge will be assessed.
Note 3: Restart subject to Item 51 - Restart Charge - Drop Box
Note 4: Rates named in this item apply for all hauls within the City Limits of Pasco, to the disposal site.
Any miles driven outside the City limits of Pasco will be charged for at,%I a per mile. Mileage
Charge is in addition to all regular charges.
Accessoriat charges assessed (lids, unlocking unlatchin etc.)
Note 5: A Gate Charge of 53.25 will be assessed on each pickup where the driver is required
to unlock a container, locking bar, enclosure or open a gate in order to access a Cart or Container.
Note 6: A Compador DiscopnecNReconned Charge of 53.25 ber haul
will be assessed when Drop Boxes with compactors require connecting or disconnecting.
Note 7: A Turn Around Charge of $30&2per haul will be assessed when company driver has to turn
the Drop Boot around in order to empty and/or re -connect the Drop Box_
Note 8: A Trip Charge of S55_00 will be assessed when the company driver makes a trip
to the customer's location, but due to reasons under the control of the customer,
was not able to complete the haul.
Comprehensive Solid Waste Collection Agreement, Exhibit C
Page 22
Exhibit D
WACOD Adjustment Formula
The following definitions apply to the calculation of the WACOD Adjustment:
If the following is true:
Change in Volume = (TONScp- TONSBP )/TONSBP>= 5%
Then, the following calculation shall be made by the Contractor:
WACOD Adjustment = WACOD Expense X WACOD Change
The following definitions shall apply to the above formulas:
• WACOD Expense = the proportion of approved rates attributable to gross Solid Waste
disposal expense, hereby fixed at %.
• WACOD Change = (WACODcp- WACODBP)/WACODBP
• WACODBP = MSWBP X TONSMsw-BP + RCYBP X TONSRcY-BP + GRNBP X TONSGRN-
BP
• WACODcp= MSWcP X TONSMsw-cP + RCYCP X TONSRCY-CP + GRNcp X TONSGRN-
City Planner
• TONSBP = TONSMSW-BP+ TONSRCY-BP + TONSGRN-BP
• TONSCP = TONSMSw-cP + TONSRCY-CP + TONSGRN-CP
• MSWBP = Contractor's disposal rate for Solid Waste during the Base Period
• TONSMsw-BP = Volume of Solid Waste collected during the Base Period
• RCYBP = Contractor's processing rate for Recyclable Materials during the Base Period
• TONSRCY-BP = Volume of Recyclable Materials processed during the Base Period
• GRNBP = Contractor's processing rate for Green Waste during the Base Period
• TONSGRN-BP = Volume of Green Waste processed during the Base Period
• MSWcP = Contractor's disposal rate for Solid Waste during the Comparison Period
• TONSMsw-cP = Volume of Solid Waste collected during the Comparison Period
• RCYcP = Contractor's processing rate for Recyclable Materials during the Comparison
Period
• TONSRCY-CP = Volume of Recyclable Materials processed during the Comparison
Period
• GRNCP = Contractor's processing rate for Yard Waste during the Comparison Period
• TONSGRN-cP = Volume of Yard Waste processed during the Comparison Period
If the City has not added separate collection services for Recyclable Materials and/or Yard
Waste during the Base Period, then the values for those respective variables representing the
volume of such materials will be set to zero, and shall remain zero for the term of this
Contract, i.e.:
TONSRCY-BP = TONSGRN-BP = 0
Comprehensive Solid Waste Collection Agreement, Exhibit D
Page 1
Until such time as the City adds separate collection service for Recyclable Materials and/or
Yard Waste, the values for those respective variables representing the volume of such
materials will be set to zero, i.e.:
TONSRCY_CP = TONSGRN_CP = 0
In either case, the volume of the Recyclable Materials and Yard Waste shall be included in the
measured volume of Solid Waste until such time as the City implements such separate
collections services.
Comprehensive Solid Waste Collection Agreement, Exhibit D
Page 2
Exhibit E
Service Accord
The Solid Waste Services that the Contractor will provide to the City at NO Direct Costs are as
follows:
(1) Solid Waste gathered by the City from alley clean-ups;
(2) Solid Waste gathered by the City from street sweeping;
(3) Solid Waste gathered by the City from sewer debris; and
(4) Solid Waste gathered by the City and deposited in specially designated Drop -Box
Containers supplied by Contractor.
These Solid Waste Services at No Direct costs include hauling and tip fees. The Solid Waste
Services at NO Direct Costs are limited to 1,500 tons (Base Tonnage) in any calendar year. See
section 5.4 of the contract for more details.
The eligible Solid Waste Service locations within the City are as follows:
(1) The City Shop(s) 1025 South Grey, Pasco, WA 99301
(2) The City Yard(s) Rd 108 and Crescent, Pasco, WA 99301
Comprehensive Solid Waste Collection Agreement, Exhibit E
Page 1
Exhibit F
Fuel Surcharge
City of Pasco
1 Base Fuel Expense
Base Fuel Expense
2 Percentage Increase in Cost of Fuel
Current Fuel Price
Minus Base Fuel Price
Equals Fuel Price
Difference
Divided By Base Fuel Price (Line 6)
Equals Fuel Percent Change
Fuel Surcharge
3 Calculation
5.87% Fixed
$ 3.79 Variable
- $ 3.79 Fixed
Base Fuel Expense (Line 1)
Multiplied By Percent Change in Fuel
Price x
Fuel Surcharge
$ - Variable
$ 3.79 Fixed
= 0.00% Variable
r o17ni
0.00%
Comprehensive Solid Waste Collection Agreement, Exhibit F
Page I
Exhibit G
Curbside Recycling Provisions
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Comprehensive Solid Waste Collection Agreement, Exhibit G
Page I
Exhibit H
Green Waste Recycling Provisions
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Comprehensive Solid Waste Collection Agreement, Exhibit H
Page 1
Exhibit I
Electronic Waste Collection Provisions
(E-Waste)
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Comprehensive Solid Waste Collection Agreement, Exhibit I
Page 1