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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' 1 --.- --- 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, �._- �-T 2A29: 6.01 5.71 5.2; 4.8 4.4 3.6 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 r prC,WERI lllE ROAD CITY LIMITS 1t i SAyc �b�ANDIFUR CITY LIMITS Ff 3� � ORT E'� _ ,_ _ ItEY ♦ ��,0 COUR r W RT-a s E LIE MWax ♦ z City of Pasco 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 (Page intentionally left blank) Comprehensive Solid Waste Collection Agreement, Exhibit G Page I Exhibit H Green Waste Recycling Provisions (Page intentionally left blank) Comprehensive Solid Waste Collection Agreement, Exhibit H Page 1 Exhibit I Electronic Waste Collection Provisions (E-Waste) (Page intentionally left blank) Comprehensive Solid Waste Collection Agreement, Exhibit I Page 1