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HomeMy WebLinkAboutBasin Disposal, Inc. - Solid Waste Service Agreement 19937 SOLID WASTE COLLECTION SERVICE CONTRACT THIS AGREEMENT, made and entered into this day of1993, by and between the CITY OF PASCO, hereinafter referred to as thehereinafterreferredtoasthe "City", and BASIN DISPOSAL, INC., hereinaftercalledthe "Contractor", and supersedes any prior agreement. WITNESSETH: WHEREAS, the City has found it desirable to continue a contractual relationship with the Contractor for the solid waste collection service in the City of Pasco; and WHEREAS, the City desires to provide a fully automated, state-of-the-art collection system for residential customers while retainingthe '!full service" collection program for its residential customers andimprovingthelikelihoodofstableratesforallcustomers; and WHEREAS, increased disposal costs have warranted an increase in customer rates, and the Contractor has committed to providing householdhazardouswastedisposalservices; and WHEREAS, the Contractor hereby warrants and represents to the Citythatitisfullyableandqualifiedtoenterintothisagreementtoprovide the required quality and level of solid waste collection service to the City;NOW, THEREFORE: IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE PARTIES HERETO AGREE ASFOLLOWS: I. SCOPE OF SERVICE. The Contractor shall collect, transport and properly dispose of all solid waste originating within the City of Pasco and shall furnish and maintain all tools, materials, labor and equipment necessary to perform such collection, transportation and disposal. Said collection, transportation and disposal of solid waste in the City of Pasco shall be accomplished prior to any other contract work to be performed by theContractor. Said collection shall be made by the Contractor by regular route pickups and according to a fixed schedule, which route and schedule shall be subject to the concurrence of the City Manager or his designee, at each residence, business and city-owned properties, at the rates herein below setforth (all rates specified in this agreement include all applicable taxes except those specified in Section (H): RECEIVED Solid Waste Collection Contract- Page I AAR 17 1993 CITY CLERK'S OFFICE. A.RESIDENTIAL RATES: 1)Residential Full Service: For each occupied residence or separate unit thereof, the charge shall be $11.15 per month for weekly full service solid waste collection services. Provided, effective 8/1/93 the charge shall increase to $11.95 per month in consideration of household hazardous waste disposal services. Full service solid waste collection service shall include: a) Provision and collection of a 105-gallon (capacity) automated container, except that the Contractor will provide a 60-gallon capacity) automated container upon written request of a customer. Contractor shall be responsible for repair and/or replacement of such container within forty-eight (48) hours of notification by customer. Customer shall be responsible for cleanliness of container. b) The collection of an unlimited number of cans or containers including plastic bags) which individually weigh not more than eighty 80) pounds and otherwise meet the requirements of PMC 6.04.100, which section of the code is incorporated herein by this reference. c) The collection of an unlimited number of bundles of boxes, cartons, shrubs, tires, trees (less than six inches in diameter), small tree limbs, strips of boards or lumber and other solid waste, subject to the stipulation that said bundles shall not exceed five feet in the longest dimension and shall not exceed two feet in girth and shall not exceed eighty (80) pounds per bundle. Any material not provided in this manner for collection shall be subject to a special pickup charge as provided for herein. 2) The collection of materials as provided in (b) and (c) above shall be performed at no extra charge to respective customers unless, however, all such materials on the respective collection date could reasonably have been placed in the automated container provided by the Contractor under (a) above; in such event, the Contractor shall be authorized to assess the respective account a special collection charge as provided for in section JE(8) of this agreement. 3)Exemption to Residential Full Service: Collection service for items too large or too heavy, which exceed the standards of the preceding section, may, at the customer's request, be obtained as an additional service at extra cost and shall apply to items that exceed 250 pounds each. Calls for service to collect these items shall be made at least one full business day in advance of the day specified for the additional collection service. The Contractor shall determine the day for the additional collection service, but the service to the customer requiring it shall be made within five (5) working days of receipt of such call. The place of collection for Solid Waste Collection Contract- Page 2 this additional service shall be the same place as for the place for regular collection. 4)Senior Citizen Limited Service Rate: A senior citizen residential customer, as qualified below, may apply to the City (Director of Finance and Administrative Services) for the senior citizen limited service rate. Upon approval by the City and upon notification to the Contractor, the rate shall be $4.15 per month for the weekly removal of one 60-gallon capacity automated container per week. Provided the rate shall increase to 4.95 per month on $/1/93 in consideration of household hazardous waste disposal services.The income limit for this special rate shall be the income limits established periodically by the U. S. Department of Housing and Urban Development for the Tri-Cities metropolitan area and as used by the City to determine eligibility for special senior citizen rates for City water and sewer service. To qualify, the customer must show satisfactory proof under oath in writing to the City that he or she: a) Is at least sixty-five (65) years of age or older and falls within the prescribed income limitations. b) Must state under oath that he or she will inform the City in writing if there is any change in their or the household's status as it relates to the requirements set forth. The City may require an updated application at any time. c) Has resided at such residence for a period of not less than ninety (90) consecutive days and has indicated an intention to remain at such place. d) Must certify to the City that one 60-gallon container per week is adequate to meet the normal needs of the residential unit involved without creating a public nuisance or a public health hazard. The Director of Finance and Administrative Services shall, when timely and appropriate, furnish a listing to the Contractor showing who is eligible to receive this special rate. Two or more violations relating to setting out more refuse than permitted under this special rate shall be sufficient cause for the Contractor to terminate this special rate and impose the regular full service charge;except, the Contractor shall annually provide this customer class one free Spring and one free Fall yard rubbish pickup. 5)Multi-Family Residential Service Rate: For each occupied unit or units of a multi-family residence the charge shall be $10.60 per month for the weekly collection of one 60-gallon automated container; provided, however, that such multi-family residence may select full service (in accordance with (1) above) at the rate of$11.15 per month. Solid Waste Collection Contract- Page 3 6)Household Hazardous Waste:Not later than 9/1/93, Contractor shall provide local disposal services for household hazardous waste for residential full service and senior citizen limited service customers as follows and under the following conditions: a) The term household hazardous waste shall be as defined by RCW 70.102.010(2). b) In handling, storing and disposing of household hazardous waste Contractor shall strictly adhere to all applicable State of Washington statutes and regulations including, but not necessarily limited to, Department of Ecology guidelines and permit requirements. No such service shall begin until all applicable permits are obtained and all statutes and regulations complied with, but not later than 9/1/93. c) At least once per week on a day approved by the City Manager and for a minimum of eight (8) consecutive hours, Contractor shall accept at no charge or cost household hazardous waste at a facility properly licensed to receive such materials. Any such facility not in the city limits shall also be approved for location by the City. Prior to acceptance of any such waste, Contractor shall reasonably determine that the person tendering such waste is a residential full service or senior citizen limited customer. If the person is not such a customer, the tender of the household hazardous waste may be refused; provided that Contractor shall have the right to accept such waste upon payment of a fee. d) Contractor shall have the entire responsibility for transportation and disposal of the household hazardous waste to an appropriate disposal site and shall bear the entire cost of transportation and disposal. e) Contractor is obligated to publish and otherwise inform (on a regular basis) the residential customers within the city about the disposal location and hours of service. B.COMMERCIAL RATES: For each commercial establishment, the following rates shall apply: I) $18.49 per month for the weekly collection of two (2) thirty (30) gallon cans. 2) $12.36 per month for the weekly collection of one (1) sixty (60) gallon automated container. 3) $15.72 per month for the weekly collection of one (1) one-hundred-and-five (105) gallon automated container. Solid Waste Collection Contract-Page 4 C.RATES FOR CONTRACTOR FURNISHED CONTAINERS IN LIEU OF CAN RATES: In the event a multi-family residence, a commercial establishment, or a public food establishment, elects to utilize a Contractor furnished container (other than the residential automated container) rather than the owner/proprietor's container for disposal of solid waste, the Contractor shall provide a suitable container within five (5) working days of the request (or longer if agreed to by the customer).The charge for collection of solid waste from Contractor furnished containers shall be: I) $16.31 per collection for a one and one-half (1-1/2) cubic yard container. 2) $20.25 per collection for a two (2) cubic yard container. 3) $22.84 per collection for a three (3) cubic yard container. 4) $28.85 per collection for a four (4) cubic yard container. 5) $37.03 per collection for a six (6) cubic yard container. 6) $45.16 per collection for a eight (8) cubic yard container. The Contractor shall steam clean containers that receive material subject to putrification at least once a year at no charge to customers. At any other time, in the event of a public health nuisance, the Contractor shall clean offending containers located at an establishment specified in a written notice from the City and may charge said establishment a one-time surcharge of $20.00 for pickup, steam cleaning and re-delivery to the premises. D.ROLL-OFF CONTAINERICOMPACTOR RATES: For collection and disposal of solid waste contained in a roll-off container or compactor, the charge shall be as set forth below, but the dump fees shall be an additional charge: Charge Per Pickup Containers Dump Fees not included) Eleven (11) cubic yards: 60.94 Twenty (20) cubic yards: 84.76 Thirty (30) cubic yards: 103.22 Thirty-five (35) cubic yards:119.55 Forty (40) cubic yards:136.10 Forty-five (45) cubic yards: 150.10 Fifty (50) cubic yards: 150.10 Compactors Twelve (12) cubic yards: 84.50 Solid Waste Collection Contract-Page 5 Twenty (20) cubic yards: 84.50 Twenty-five (25) cubic yards:99.80 There shall be a minimum of two (2) collections per month, or, in the alternative, the customer shall pay at two times the applicable rate set forth above. The Contractor, at his discretion, may accept amounts in excess of the yardage limitations set forth above and may charge for such excess yardage on a pro-rata basis in accordance with the above schedule. E.MISCELLANEOUS RATES FOR SPECIAL SERVICES: Miscellaneous rates for service not included in the base rates of paragraphs A, B, C and D above, shall be as follows: 1) $45.00 per hour for a truck and one (1) man crew for each special collection requested by a customer when such is not to be handled on the regular collection route. 2) $55.00 per hour for a truck and two (2) man crew for each special collection requested by a customer. 3) $3.25 per compacted cubic yard (compacted at point of origination) plus disposal fees. 4) $2.50 per compacted cubic yard (compacted at point of origination) if compactor belongs to Contractor, plus disposal fees. S) For containers larger than eight (8) cubic yards that are ordered for short-term (less than thirty (30) days), the rent for the container shall be $3.25 per day, plus a delivery charge of$13.55. The applicable container pick-up charges are shown in Section D. For containers of three (3), four (4), six (6) and eight (8) cubic yards, the charges shall be as set forth below for temporary service: Service Charge Container Per Pickup Three (3) cubic yards: 25.78 Four (4) cubic yards: 33.43 Six (6) cubic yards: 41.43 Eight (8) cubic yards: 48.73 6) $7.50 per trip for a return trip may be charged when the customer failed to place cans at collection point for regular collection on the appropriate day and the documented record kept by the Contractor's route employees shows that the cans were not placed out for collection on Solid Waste Collection Contract- Page 6 that date. 7) 30 cents per can per month extra for collection of solid waste over twenty-five (25) feet but less than fifty (50) feet from the collection point; 40 cents per can per month extra for collection of solid waste over fifty (50) feet but less than seventy-five (75) feet from the collection point; and 60 cents per can per month extra for collection of solid waste over seventy-five (75) feet from the collection point. This rate does not apply to automated containers. 8) For pickups over the prescribed service level which can be accommodated on the regular collection route, a fee of no more than 75 cents per can or equivalent item collected may be charged in addition to the regular fee.The Contractor shall strive to handle such items on the regular collection route so as to benefit the customer with the lowest charge possible. 9) For collection and disposal of tires, for other than Residential Full Service", fees as follows shall be charged, where applicable: Automobile Tires: 2.50 each Truck Tires: 6.00 each Tractor Tires: 30.00 each 10) $30.00 for collection and disposal of refrigeration and cooling devices common to households (e.g. refrigerators and air-conditioning units). F.MINIMUM CONTAINER SERVICE FREQUENCY: Theminimumlevel container service shall be one pickup per week for one and one-half (1 1/2) and two (2) cubic yard containers. All others shall be as worked out by the Contractor with the customer. G.SERVICE TO THE CITY: The Contractor shall make collections at all City Parks, Fire Stations, the City Hall, the Library, Municipal Garage, Water Shops and other city-owned or leased public buildings at least once each week and it shall be reimbursed for such service at the standard rates hereinabove set forth, except that up to 1000 tons of materials and debris other than dangerous or hazardous waste) gathered by the City during alley clean-ups and from street sweeping shall be transported and properly disposed of without cost to the City. H.STATE TALC ADDITIVE: The state Refuse Collection Tax (currently 3.6%) and the state Solid Waste Tax (currently 1%) shall be added to the rates specified for each class of service and may be identified separately and as additive to said rates on each billing for service. 2. TERM: This agreement shall supersede any prior agreement between the parties on the date it commences. The term of this agreement shall Solid Waste Collection Contract- Page 7 commence on April 1, 1993, and shall terminate on March 31, 2003, unless sooner terminated as herein provided. 3. PERFORMANCE BOND: The Contractor agrees to the full performance of all covenants herein contained and agrees to furnish to the City a performance bond in the amount of $50,000.00 to insure performance by itself, for and by its heirs, executors, administrators, successors and assigns. 4. DEFINITIONS: Unless the context clearly requires otherwise, words used in this Contract that are defined in Pasco Municipal Code Section 6.04.020 shall have the definition contained therein. 5. INDEMNIFICATION: The Contractor agrees to indemnify the City against any and all claims for loss, liability, death or damage arising out of or in connection with the solid waste service and in connection with or arising out of the acts or omissions of the Contractor, its officers, agents, or employees, in its collection, transportation and disposal of solid waste and household hazardous waste, however caused. The Contractor shall appear and defend any action or suit instituted against the City arising in any manner out of the acts or omissions defined hereinabove. The Contractor's duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorney fees and costs of settlement. 6.INSURANCE: The Contractor shall procure and maintain continuously during the term of this agreement Public Liability and Property Damage Insurance, and Automobile Liability Insurance, (owned, hired, non-owned) Combined Single Limit of $1,000,000.00 or its equivalent, to protect the City of Pasco from claims of any kind or nature arising out of Contractor's solid waste service, including the collection, transfer, or disposal of solid waste. General Liability Insurance shall extend to provide Blanket Contractual Liability, Owners and Contractors Protective Liability and Completed Operations. The insurance shall name the City of Pasco as an Additional Insured and shall not be cancelled without first giving the City of Pasco thirty (30) days prior written notice. It is further understood and agreed that any liability insurance carried by the City of Pasco shall be considered in excess of that provided by the policy notwithstanding the provisions of any other insurance clause to the contrary. The insurance policy shall contain the following clause or one of the like effect: "The insurance afforded by this policy shall apply, with respect to any liability, or alleged liability, of any one insured, as if separate policies had been issued to each insured." All insurance required under the agreement shall be subject to the Solid Waste Collection Contract - Page 8 approval of the City of Pasco for adequacy of protection and certified copies of all insurance policies shall be filed with the City Clerk of the City of Pasco upon execution of this agreement. 7. BILLING AND COLLECTION: The Contractor shall perform all customer billings and shall collect all payments for services rendered hereunder; provided, however, the City reserves the right to assume the billing and collection functions for the residential services set forth in Section IA above at extra cost of the Contractor to be specifically negotiated with at least ninety (90) days notice by the City. The Contractor shall be authorized to collect a two month advance billing at the start-up of service and prior to delivery of automated container. The Contractor shall retain these funds until such a time as the customer terminates service or becomes delinquent in a payment and, in either case, the advanced funds shall be applied to the final bill and the remainder, if any, shall be refunded to the customer. In the instance of rental properties, the Contractor shall bill and collect from the property owner, although the applicable advance billing may be collected from the tenant(s) of rental properties with the property owner's approval. The Contractor shall have the right to refuse service, subject to the qualifications stated below, to a customer who is delinquent in his account by two months or more. An account is delinquent by failing to pay the amount due as billed by the date stated in the bill, which date shall be no less than fifteen (15) days and no more than thirty (30) days from the date of the mailing of the bill. In order to invoke the right to refuse to collect solid waste, the Contractor must provide to the City in writing, stating on oath, the name and location of the delinquent account, the amount of the delinquency, that the account is delinquent by two months or more, that the customer has been sent one bill and two reminders, that the Contractor has received no word from the customer as to special payment problems the customer may be having, that a fourth notice of non-payment, giving notice of termination, has been ignored by the customer. The fourth notice of non-payment shall be printed in both Spanish and English.Upon providing the above, the Contractor shall have the authority to terminate service to the customer and remove by peaceful means any contractor-provided container then in possession of the customer. The Contractor shall notify the City of each termination within one week of such termination.Reinstatement of service to any customer who is required to use a contractor-provided container shall be subject to a Twenty Dollar ($20) reinstatement charge. Provided the customer has been given prior written notice of delinquency, the customer may be charged interest at the rate of one and one-half percent per month or 50 cents per month, whichever is greater. The customer may also be charged all the costs of collecting the delinquent Solid Waste Collection Contract- Page 9 account, including reasonable attorney fees.The Contractor may collect any amounts owed in the manner provided by law, including the enforcement of a lien upon the property of the account. 8. OWNERSHIP OF EQUIPMENT: All vehicles, facilities, equipment and property used in performance of the work under this agreement shall be wholly owned and maintained by the Contractor; provided, however, that the Contractor may lease or rent equipment; and provided further that the City may at its option furnish equipment for use by the Contractor. Vehicles used for the collection and removal of solid waste shall be enclosed refuse collection units, equipped with automatic rear loaders and packers, or reasonably comparable equipment. Each truck shall also be equipped with brooms and shovels to clean up any spillage which may occur during the loading or transporting of garbage. All trucks shall be kept clean and well painted, with the name of the Contractor clearly lettered on the side of each vehicle. All vehicles shall be kept in good repair and working order. The Contractor must maintain proper registration on all vehicles used in performance of the contract with the State Department of Licensing. 9. OFFICE: The Contractor shall maintain a local office within the City, which office shall have a telephone and sufficient employees on duty as may be necessary to handle complaints, orders for special service, or to receive instructions from the City. This office shall be in operation between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays, unless otherwise permitted by the City. 10. REPORTS: a) In addition to any report required by law, the Contractor shall keep adequate, complete and current records showing the number and size of loads collected within the limits of the City and the approximate tonnage of solid waste hauled by him to the disposal site. Such information shall e available to the City at the request of the City Manager. b) The Contractor shall furnish the City current maps of its collection routes and days of collection.The Contractor shall give the City at least five (5) working days notice prior to the date of any change in the day of collection or in the location of any route. c) Commencing in 1990 and each year thereafter, the Contractor will provide by March 1, a profit/loss statement conforming to generally accepted accounting principles for the preceding calendar year and a pro-forma statement for the ensuing calendar year. 11. REQUIREMENTS ON CONTRACTOR'S EMPLOYEES: The Contractor's employees shall be required to be courteous at all times and shall not use loud or profane language and shall do their work as quietly as possible. When collecting solid waste, they shall follow regular walks for pedestrians while on private property. They shall replace covers on cans Solid Waste Collection Contract-Page 10 and close all gates opened by them. Employees shall wear clean uniforms or clothing.In the event an employee spills or tracks debris, he shall be required to immediately clean and remove the material. If the employee does not do so, the Contractor shall clean and remove such material within two (2) hours notice as given by the City or its inspector. All workmen employed by the Contractor shall be competent and skilled in the performance of the work to which they may be assigned. Failure or delay in the performance of this Contract due to the Contractor's inability to obtain workmen of the number and skill required, shall constitute a default of the Contract. 12. MISSED COLLECTIONS: Special pickups for missed collections not the fault of the customer shall be made by the Contractor when ordered by the City or its inspector at no extra cost to the City or the customer.In order to facilitate a determination of default for missed collections, the Contractor shall cause to have written down in a daily log the addresses of all residences and businesses that failed to place garbage out for collection at the proper and regular time. Failure to so note such facts will create a prima facia presumption that the garbage was in fact placed out at its proper time and that the Contractor was in fault for the missed collection. If the Contractor fails to provide a special pickup within twenty-four (24) hours of notification by the City through its authorized representative, the City may cause to have the work done and the cost thereof charged to the Contractor at the rate of twice the normal charge for such pickup, but not less than Five Dollars ($5.00) for any such pickup. 13. LIQUIDATED DAMAGES: Because a breach of the service provided by this agreement would cause serious and substantial damage to the City and its occupants, and the nature of this Contract would render it impracticable or extremely difficult to fix the actual damage sustained by the City by such breach, it is agreed that in case of breach of service the City may elect to collect liquidated damages for each such breach and the Contractor agrees to pay the City as liquidated damages, and not as a penalty, the amounts set forth hereinbelow, such sums being agreed as the amount which the City will be damaged by the breach of such service. Any election to seek such remedies shall not be construed as a waiver of any remedies the City may have as to any subsequent breach of service under this agreement. A truck beginning residential collection 25.00 per day prior to 7:00 a.m. Failure to collect missed collections within 5.00 per day - but twenty-four (24) hours of notification to not to exceed $50.00 Contractor. per truck per day. 14. ANNEXATION: Attention is directed to RCW 35A.14.900, regarding the rights of franchise or permit holders for solid waste collection and/or Solid Waste Collection Contract- Page 11 disposal within areas which may be annexed to the City. 15. NON-DISCRIMINATION: The Contractor shall not discriminate against any person with respect to the terms and conditions of employment, including but not limited to the hiring or discharging because of such person's age, sex, race, creed, color, or national origin. 16. COMPLIANCE WITH LAWS: Throughout the term of this Contract, the Contractor, at his expense, will promptly comply with all present and future laws and regulations of the federal, state and the Pasco Municipal Code.The Contractor shall also comply with the lawful orders of all courts, departments, commissions, boards, officers, of any other body exercising similar functions, with respect to the collection, transportation and disposal of solid waste. 17. ASSIGNMENT: This agreement shall not be assigned without prior written consent of the City. 18. DEFAULT: If the Contractor shall be in default in the performance of any covenant contained herein and it is not cured within fifteen (15) calendar days after receiving written notice thereof by the City or, if the default shall be of such a nature that it cannot be cured, then, in either event, the City may forthwith terminate this agreement. This agreement shall automatically terminate if the Contractor shall be adjudicated bankrupt; or make a general assignment for the benefit of creditors; or take the benefit of any insolvency act; or if a permanent receiver or trustee in bankruptcy shall be appointed for the Contractor's property. 19. 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 hereunder. 20. 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. 21. SERVICE HOURS: Service shall not be provided in any residential area prior to 7:00 a.m. unless otherwise authorized by the City Manager or his designee. 22. MODIFICATION: This agreement constitutes the entire agreement between the parties hereto and shall not be modified, except in writing and on terms mutually agreed upon by both parties. The Contractor shall have the right, upon giving sixty (60) days written notice to the City, to request re-negotiation of the rates and terms herein and shall have the burden of proof of justifying a rate increase or a proposed change in Solid Waste Collection Contract- Page 12 language; provided, however, the rates specified herein shall not be adjusted prior to January 1, 1994. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. BASIN DISPOSAL,INC., dlbla CITY OF PASCO: PASCO GARBAGE SERVICE: By- By: Leonard Dietrich, President Joy e lice,Mayor ATTEST: APPROVED AS TO FORM: By. By: -law Catherine D. Seaman, Deputy City Clerk reg A. Rubstello, City Attorney Solid Waste Collection Contract - Page 13 AGREEMENT AMENDING SOLID WASTE COLLECTION SERVICES CONTRACT This agreement is made and entered into this I day of March, 1994 by and between the CITY OF PASCO, hereinafter referred to as the "City" and BASIN DISPOSAL INC., hereinafter referred to as the "Contractor" and amends that certain agreement between the parties entered into the 15th day of March, 1993 titled "Solid Waste Collection Service Contract" ( herein referred to as contract). Whereas, since the signing of the contract the City adopted the Benton Franklin County Solid Waste Management Plan( the plan); and, Whereas, the plan sets a goal of reducing solid waste by 35% through recycling; and , Whereas, the contract contains no provisions for providing recycling services. Now, Therefore, The parties hereto agree that the above referenced contract is amended by the addition of the following new provisions: I. Not later than 5/1/94, Contractor shall provide local recyclable waste collection services. Said services shall be provided to industrial, commercial and residential waste generators. A) Contractor shall develop a plan that complies with Section 4.7.1 of the Benton Franklin Counties Comprehensive Solid Waste Management Plan. This program may use any of the alternatives discussed in that Section, including drop-off centers, buy-back centers, curbside collection programs, etc. B) Contractor shall submit a detailed recyclable collection program to the City Manager for approval. Contractor shall work with city departments to identify acceptable sites for the capital equipment. Said plan shall include: 1. Specific locations of any capital equipment to be located within the city. 2. A description of the capital equipment to be used. 3. Statistical projections on the amount of recyclables to be collected using the proposed program and a justification that the proposed program complies with the Solid Waste Management Plan and state statutes. C) Once approved, the program must be implemented for a minimum of one year. The City Manager shall concur with amendments to the plan, as authorized in Section I of this contract. D) An increase in rates for implementation of the proposed program, must be approved by Council. E) Contractor shall have the entire responsibility for collection and transportation of recyclables to the appropriate recycler. F) All collection facilities shall be maintained in good working order and kept in a clean and accessible condition. Contractor is responsible for maintenance, of the equipment and a 20 foot strip of land around said equipment. G) Contractor is obligated to publish and otherwise inform (on a regular basis) the residential, commercial and industrial customers within the city about the disposal recyclable collection program, facility locations and hours of service. IN WITNESS WHEREOF, the parties hereto have executed this agreement an the day and year first above written. CITY OF PASCO BASIN DISPOSAL, INC., d/b/a PASC GARBAGE SERVICE: Jc eFelice, Mayor Leonard Deitrich, President ATTEST: APPROVED AS TO FORM: P fu 5 Catherine Seaman, Deputy City Clerk Greg Paubstello, City Attorney IUN- 1-i996 13 1 FP01,1 BHS I N fJ i br'UnHL I Nl, l u wily''' 1 .60 RR MTH r 90 PRORATE RESIDENTIAL i.'75 i ER\MTW. .. 4C PRORATE: 2ND 105 DELI VERY CHARGE T.5' 1. TURN TRIP EACH. TIME .8. 5 f E„.93..PRORATE;` ' ILILTI-FAMILY' 11. 24 F UTp 60::... COMMERCIAL DERt1SIT 60/26'. d0 105/35. 00 COMMERCIAL 19.89 CANS. PER .WK.:;.:: 4«63 PRORATE . iC. 9.1' PERMTH 3.93 'PRORATE GQMMERC I AL AUTO 1 Q3 3«09' PR©RATE;',:'. :• COMM£RC I AL AUTO 60 .. 13.29 i ER M' M ': ';::, :: .. GO.;. 5 25: ER MTH' 1.23 PRORATE SENxOR AUTq,: EXTRA., CANS EXTRA .YARDS . ..5o: RESTARTS 21.. SMALL. ERg'.,• r,':::... YCKUR 4 PICKL}PS`'...t. _ 3 PICKUPS PER, PICKUP r.:. ti,•• .SIZE' 4.x'16' •, 87;.:'t•"Y:;';;=.; s YD tB U> .87 12_- K:;•:,:•'SQB `9d. C V? 21.,78 fYU9A `24 3 YD (A NS 24.56 l24 1E 4 YD (E) 31.03 39. 83bYDtFY). , '; 242. 83' g YD Q) 46.57 19k.28,: DELIVERY CHARGE 1#.40 I nRCiP BOX, CONTAINERS.•, SIDE PER DUMP 9E. Oo' 15 95.00 115.0a ' 30 120. 00: 35 f 13CS•t 4,,:.. :. :.• 40 135. 00 133.00 45 50 135.001 . TEMPORARY CONTAINERS, , DELIVERY 14. 40 TIME TRUCK I & 1 MAN 48-.06 PER HR DAILY RENT 3. 50 TRUCKS & 2 MEN 58.74 PER HR 3 YD 27. 53 RETURO TRIP 8•Q3 4 YD 35. 70 6 YD 44.25 PUMP , EEG+ 33.5 PER 70N e YD 52.04 STEAM: CLEAN 21. 36 COMPACTORS IRYD g0. 25 b054 TRACTOR TIRE 30. ' 006. S9 CAR TIRES E-75 TRUCK TIRE f TOTAL P.01 SECURITY DEPOSIT AGREEMENT BETWEEN THE CITY OF PASCO AND BASIN DISPOSAL INC. THIS AGREEMENT is made and entered into this day of r 11 1996, between THE CITY OF PASCO ("the City") and BASIN DISPOS INC., BDI"), to provide a Performance Bond as required by RCW 39,08, for a Solid Waste Collection Agreement executed bewteen the City and BDI. 1. Upon execution of this agreement BDI will deposit FIFTY-THOUSAND DOLLARS ($50,000.00) to the bank account designated in paragraph eight below, which shall be referred to as the "Performance Account." The City, through its duly authorized City Cleric, shall have the sole signature authority over this account. 2. If BDI fails to fully perform or comply with any provision of the Solid Waste Collection Agreement, which is attached hereto and incorporated by reference, or fails to comply with the requirements of any applicable law, regulation, or permit, the City shallservewrittennoticeuponBDIspecifyingthedeficienciesandadvisingthatiftheydonot cure the deficiencies within 30 days, the City shall arrange to have the deficiencies cured and will pay the cost thereof from the Performance Account. If BDI fails to have the deficiencies cured within 30 days after receipt of such notice from the City, the City may act in any commercially reasonable manner to have them cured, and may pay the cost thereof from the Performance Account. Upon request by BDI, the City shall provide to BDI all appropriate documentation regarding the deficiencies noted, the actions taken to cure them, and the costs incurred in connection therewith. 3. Upon termination of the waste disposal contract and all post-closure activities have been completed in full compliance with all applicable laws, regulations, and permits, and after all costs incurred in connection therewith have been paid (either by BDI or by the City pursuant to paragraph two above), then the entire remaining balance of the Performance Account shall be disbursed to BDI. The City shall execute all documents necessary to accomplish such disbursement. 4. If at anytime BDI wishes to transfer the Performance Account to some bank or financial institution other than that designated in paragraph eight below, BDI will designate the new account in writing and the City will execute all documents necessary to accomplish the transfer, provided that the new account will comport fully with and be governed by the terms of this agreement. BDI shall, at least 60 days prior to any proposed change in a bank or financial institution, give the City notice thereof. 5. To the extent the bank or financial institution holding the Performance Account offers different options for interest rates or insured investments for the sums contained in the Performance Account, BDI shall have the right to select and designate among those options, and to change its selection and designation from time to time if the City's SECURITY DEPOSIT AGREEMENT-r M t 1 A p interests as set forth in this agreement are not impaired. 6. All interest or other income earned on the Performance Account shall accrue to and accumulate in the Performance Account for use only as set forth herein. That upon request the City agrees to transfer all accured interest from the Performance Account to BDI. 7. Although the City shall have the sole signature authority over the Performance Account, the Performance Account shall be established in the name of BDI and the bank or financial institution holding the Performance Account shall be instructed to send all statements relating thereto to BDI, and all income accruing to the Performance Account shall be regarded as income to BDI. RDI shall be responsible for compliance with all tax laws and other laws and regulations pertaining to these funds. S. The Performance Account shall be established initially in the following bank or financial insti ion under the following account number: U f ff erica N ,onal A5 7V r .z Address Z1()U4 016 7_. _ Account Number 9. BDI shall each quarter provide the City with a statement prepared by the bank or financial institution holding the Performance Account, showing activity of said account for the proceeding quarter. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. 1 CITY PASCO: BASIN DISPOSAL INC: By: BjaryLCchld, City anager Leonard Dietrich, Preside ATTEST:APPRO TO FORM: B Catherine D, Seaman, Deputy Leland B. Kerr, City Attorney City Clerk SECURITY DEPOSIT AGREEMENT-2 MODIFICATION OF SOLID WASTE COLLECTION SERVICE CONTRACT This agreement is entered into on this.f _day of December, 1997, by and between the City of Pasco,hereinafter referred to as the "City", and Basin Disposal, Inc., hereinafter referred to as the"Contractor". In consideration of the mutual promises contained herein, the parties agree as follows: That the Solid Waste Collection Service Contract entered into between the parties on the l5th of March, 1993 is modified as follow: 1. Section 2, "Term", is deleted in its entirety and the following is added: Section 2 Term: The term of this agreement shall be a continuing year to year term, subject to termination as follows: Beginning on January I of each year, this agreement shall be considered renewed for an additional year unless at least thirty(30)days prior to January I of any year the City notifies the Contractor, in writing, by certified mail, return receipt requested, of its intent to terminate this agreement. Upon giving of such notice of termination, this agreement shall terminate seven (7) years from the date of notice, so that Contractor may finance, amortize and depreciate its investment in the equipment it has or will• use for providing services under this agreement. The City may then later extend the term of this agreement or reinstate the continuing term upon mutual agreement with the Contractor. Termination under this section may be with or without cause. 2. Section 14, "Annexation", is deleted in its entirety and the following is added: As new areas are annexed to the City, Contractor will charge customers according to the rates described in the Solid Waste Collection Service Contract entered into between the parties hereto on the 15th of March, 1993. Additionally,Contractor waives the right to rely on any provision of law which otherwise would allow it to charge different rates for recently-annexed areas of the City. Except as modified by this agreement, all other terms and conditions of the Solid Waste Collection Service Contract entered into between the parties on the 15th of March, 1993 shall remain in full force and effect. Leonard Dietrich,President harles D. Kilbury, Basin Disposal, Inc. Mayor of Pasco ATTEST: APPROVED AS TO FORM: Catherine D.,Seaman, Deputy City Clerk Leland B. Kerr, City Attorney d j S AGREEMENT AMENDING SOLID WASTE COLLECTION SERVICE CONTRACT This Agreement is made and entered into between the City of Pasco, a Municipal Corporation in the State of Washington, and Basin Disposal, Inc., a Washington Corporation, and amends that certain agreement between the parties entered into on the 15' of March, 1993, titled "Solid Waste Collection Service Contract" hereinafter referred as Contract, as previously amended. WHEREAS, since the last adjustment of rates in 1996, costs for the collection and disposal of solid waste collected within the City of Pasco have increased as have other associated operating costs. The parties hereby agree that the collector's requests for renegotiation of the collection and disposal rates is proper and that the collector has demonstrated the necessity to increase those collection rates specified in the last contract amendment; and WHEREAS, the current contract sets a maximum weight for extra bags, bundles and boxes at 80 pounds and the state standard reflects a maximum of 65 pounds, the parties agree that the appropriate maximum weight of extra bags, bundles and boxes be established at 65 pounds; NOW THEREFORE, the parties hereto agree as follows: I. The collection charges set forth in the contract (Paragraphs 1 A through E), as previously amended, shall be increased as set forth in Appendix A attached hereto. 2. The new changes shall become effective March 1, 2002. 3. The maximum weight of extra bags, bundles and boxes set forth in Section 1A(1)b of the contract be modified from 80 pounds to 65 pounds per bundle. 4. The contract in all other respects shall remain unchanged and in full force and effect. Dated this 4` h day of February, 2002. CITY OF PASCO: PASSED by the City Council of the City of Pasco, at its regular meeting February 4"', 2002. Michael L. Garrison, Mayor ATTEST: v Webster U. Jackson, ity lerk Leonard Dietrich, President Basin Disposal Inc. APPROVED AS TO FORM: Leland B. Kerr, City Attorney BDI PROPOSED RATES PASCO CITY PREPARED 11/30/01 TYPE OF SVC CURRENT PROPOSED KENNEWICK RATES RATES RES 105'S 12.60 13.70 13.08 RES 2-105'S 14.35 15.45 RES 3-105'S 16.10 17.20 RES 4-105'S 17.85 18.95 RES 5-105'S 19.60 20.70 COMM CANS 1X PER WK 19.89 21.62 COMM 60 13.29 14.45 COMM 105 16.91 18.38 COMML 90 30.00 COMM SMALL CONTAINERS 1.5Y D 17.54 19.07 2YD 21.78 23.67 15.49 3YD 24.56 26.70 20.57 4YD 31.03 33.73 26.05 6YD 39.83 43.30 33.53 8YD 48.57. 52.80 41.33 NOTE ABOVE KEN PRICES HAVE 2.5%02 INCREASE AND CITY TAX INCL DROP BOXES 11 YARD 95.00 104.00 183.61 20 YD 115.00 125.00 241.39 20 YD COMP 90.25 105.00 25 YD COMP 106.59 116.00 30 YD 120.00 130.00 305.59 30 YD COMP 106,59 116.00 35 YD 135.00 150.00 35 YD COMP 135.00 150.00 40 YD 135.00 150.00 554.99 40 YD COMP 106.59 116.00 DAILY RENT 3.50 3.80 VARIES $3.25-$5.09 DEL FEE 14.40 15.60 49.30 NOTE: PASCO RESIDENTIAL RATE INCLUDES $.85/MONTH FOR THE HOUSEHOLD HAZARDOUS WASTE FACILITY BDI TOTAL RESIDENTIAL PICKUP IS MUCH MORE COMPREHENSIVE THAN KENNEWICK LARGE ITEMS SUCH AS TVs, COUCHES, MATTRESSES ARE PICKED UP IN PASCO AT NO ADTL CHARGE PASCO RECYLING DROP BOX SYSTEM HAS 6 LOCATIONS;CARDBOARD RECYCLING Cc:, ,: :;; Lj m t. ; THESE SYSTEMS COMBINED RECYCLED MORE THAN 1,809,380 POUNDS OF MATERIAL CITY MANAGER (509)545-3404 J Scan 726-3404 J Fax (509)545-3403 FMIM P.O. Box 293, 525 North 3rd Avenue, Pasco,Washington 99301 February 28, 2002 Leonard Dietrich Basin Disposal, Inc. P.O. Box 650 Pasco,WA 99301 Dear Leonard: The intent of this letter is to clarify the existing solid waste franchise between Basin Disposal and the city,dated March 15, 199'). Specifically, Section 13 shall be applied in a manner consistent with the following: a) Solid waste collection in residential zones (and areas within 300 feet of residential zones)shall not be conducted earlier than 7:00 a.m. b) However, upon prior written notice to the ch)', Basin Disposal shall be permitted to collect solid waste as early as 6:00 a.m. at any public facility when the authorized representative of such public facility requests solid waste collection prior to 7.00 a.m. in furtherance ofpublic safety. Basin Disposal shall use all reasonable efforts to minimize noise resulting from such early collection. c) Violation of this provision shall be punishable by a fine not to exceed$100 per violation. Except as clarified by this letter agreement, all other terms and conditions of the franchise will remain in effect. If you agree with the terms of this letter, please sign both originals and return one to me. S' cerely, i field, City Manager Agreed: PASCO CITY HALLRECEIVED 4 Leonard Dietrich CITY MANAC,ER,SPresident,Basin Disposal,Inc. OFFICE AGREEMENT AMENDING SOLID WASTE COLLECTION SERVICE CONTRACT This Agreement is made and entered into between the City of Pasco, a Municipal Corporation in the State of Washington, and Basin Disposal, Inc., a Washington Corporation, and amends that certain agreement between the parties entered into on the 15`h of March, 1993, titled "Solid Waste Collection Service Contract" hereinafter referred to as Contract, as previously amended. WHEREAS, Basin Disposal filed in February 2006 its request that solid waste collection revenue be increased by 10.8% to offset cost increases incurred by Basin Disposal in the fulfillment of its contractual obligations to collect and properly dispose of solid waste throughout the City of Pasco; and, WHEREAS, the Basin Disposal request and its supporting financial documentation was referred by the city to the Washington Utilities and Transportation Commission (WUTC) for its analysis in the same manner used by the WUTC for all other solid waste rate proposals it considers throughout.the state of Washington; and, WHEREAS, the WUTC concluded the financial documentation supplied by Basin Disposal warranted a revenue adjustment of 10.3%; and WHEREAS, the WUTC analysis was then referred by the city to the private accounting firm of LeMaster & Daniels for its review as to appropriate methodology and LeMaster & Daniels found the WUTC analysis to be appropriate; and WHEREAS, a Council committee reviewed the aforesaid information and discussed the various cost elements associated with the solid waste collection operation, noting that the regional land fill fees paid by the contractor had risen by 12%, the contractor's expenses for wages and benefits had risen 14%, and fuel costs had more than doubled over the past four years; NOW THEREFORE, the parties hereto agree as follows: 1. The collection charges set forth in the contract (Paragraphs 1 A through E), as previously amended, shall be increased as set forth in Appendix A attached hereto. 2. The new rates shall become effective October 1, 2006. 3. The contract in all other respects shall remain unchanged and in full force and effect. Dated this day of 2006. Approved by the City Council of the City of Pasco at its regular meeting of 2006. CITY OF PASCO: BASIN DISPOSAL INC. Joy 1 , Mayor Leonard Dietrich, President 1 1 ATTEST: an Sandy Kefpkorthy, Deputy City lerk APPROVED AS TO FORM: Leland Kerr, City Attorney Agreement Amending Solid Waste Collection Service Contract Exhibit "A" BDI- CITY OF PASCO/PROPOSED RATES/IMPACT RESIDENTIAL CURRENT PROPOSED TYPE OF SVC RATE RATE DEPOSIT 25.00 35.00 RES 105'S 13.70 15.00 RES 2-105'S 15.45 16.92 RES 3-105'S 17.20 18.84 RES 4-105'S 18.95 20.76 ADDT'L 105-EACH 1.75 1.92 SENIOR RATE 60 5.70 6.25 DELIVERY CHARGE 7.95 8.71 RETURN TRIP CHARGE 8.75 9.60 RESTART FEE 21.50 23.59 EXTRA CAN/BAG EXTRA YARDS DRIVE IN CARRYOUT 1.00 1.10 RETURN CHECK CHARGE 25.00 35.00 COMMERCIAL DEPOSIT- 60 GALLON 25.00 35.00 DEPOSIT- 105 GALLON 35.00 35.00 COMMERCIAL 60 14.45 15.86 COMMERCIAL 105 18.38 20.17 EXTRA COMM CAN OR BAG 1.47 1.61 EXTRA YARDS 3.80 4.17 MULTI-FAMILY 60 GALLON 12.22 13.41 105 GALLON 13.70 15.03 TEMP SMALL CONTAINERS DELIVERY FEE 15.60 RENT $ 17.12 RENT 1 YD N/A N/A 1.5 YD WA N/A 2 YD N/A N/A 3 YD 29.93 $ 3.80 $ 32.84 $ 4.17 4 YD 38.82 $ 3.80 $ 42.60 $ 4.17 6 YD 48.11 $ 3.80 $ 52,79 $ 4.17 8 YD 56.58 $ 3.80 $ 62.08 $ 4.17 PERM SMALL CONTAINERS PER P/U MO CHG DELIVERY FEE 15.60 17.12 DEPOSIT MO RATE MO RATE 1 YD N/A NIA 1.5 YD 19.07 $ 82.57 $ 20.92 $ 90.67 2 YD 23.67 $102.49 $ 25.97 $112.54 3 YD 26.70 $115.61 $ 29.30 $126.94 4 YD 33.73 $146.05 $ 37.01 $160.37 6 YD 43.30 $187.49 $ 47.51 $ 205.87 8 YD 52.80 $ 228.62 $ 57.94 $ 251.03 Pasco Presented Price Out 8/17/2006 DROP BOXES DELIVERY FEE 15.60 17.12 DAILY RENT 3.80 4.17 MILEAGE N/A N/A 11 YARD 104.00 137.16 20 YD 125.00 137.16 20 YD COMP 105.00 142.64 25 YD COMP 116.00 142.64 30 YD 130.00 142.64 30 YD COMP 116.00 164.59 35 YD 150.00 164.59 35 YD COMP 150.00 164.59 40 YD 150.00 164.59 40 YD COMP 116.00 164.59 45 YD 163.00 178.85 50 YD 163.00 178.85 MISC ADDT'L CHARGES CAR TIRES 2.75 3.02 TRUCK TIRES 6.50 7.13 TRACTOR TIRES-VARIES + 15.00 16.46 PREP CONT FOR LOCK 45.00 50.00 STEAM CLEAN (+DEL FEE) 23.22 75.00 HOURLY RATE 1/2 HR MIN 52.25 57.33 XTRA MAN MIN 1/2 HR MIN 63.85 70.06 COMPACTED YDS 3.80 4.17 REFRIGERATOR 35.00 35.00 COMPACTOR TURNAROUND FEE 35.00 LOCK/UNLOCK CHARGE (P/U) 10.00 Pasco Presented Price Out 8/17/2006 AGREEMENT AMENDING SOLID WASTE COLLECTION SERVICE CONTRACT This Agreement is made and entered into between the City of Pasco, a Municipal Corporation in the State of Washington, and Basin Disposal, Inc., a Washington Corporation, and amends that certain agreement between the parties entered into on the 15` h of March, 1993, titled "Solid Waste Collection Service Contract"hereinafter referred to as Contract, as previously amended. WHEREAS, the City Council, in August 2006 approved a rate adjustment for solid waste collection services provided by Basin Disposal, Inc. but also declined to authorize a surcharge mechanism to respond to the potential for further increases in fuel costs being experienced at that time; and WHEREAS, over the course of the past two years, fuel costs have increased much more dramatically than anticipated at the time of the 2006 rate adjustment, resulting in the need for a new rate schedule or use of a surcharge mechanism to offset the affect of fuel price increases; and WHEREAS, a fuel surcharge formula has been approved by the Washington Utilities and Transportation Commission for use in many service areas throughout the state of Washington over the past two years; and WHEREAS, a committee of City Councilmembers has reviewed the applicable fuel cost information and recommends use of a temporary surcharge mechanism to offset the affect of fuel costs, thus preserving the 2006 rate schedule; NOW THEREFORE, the parties hereto agree as follows: Section 1. In addition to the base collection rates set forth in the contract amendment dated August 21, 2006, the contractor is hereby authorized to include a "fuel surcharge" on all solid waste collection accounts, provided the surcharge is determined and used in accordance with the provisions hereinafter set forth. Section 2. The following.definitions apply to the use of the fuel surcharge: a. Base Fuel Expense: the proportion of approved rates attributable to gross fuel expense, hereby fixed at 4.95%. b. Base Fuel Price: the average cost of diesel fuel used at the time of the 2006 rate authorization, hereby fixed at $2.77. C. Current Fuel Price: the per gallon price for retail sales of "West Coast Number 2 Diesel Ultra-Low Sulfer" (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. d. Surcharge: the product of multiplying the base fuel expense by the percentage change between the base fuel price and current fuel price. Section 3. Surcharge Methodology: the 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 Surcharge. The Surcharge shall be applied to each monthly or bi-monthly account billing, in accordance with Section 4. Section 4. The contractor shall submit to the city Finance Services Manager a Surcharge calculation worksheet (example provided in Exhibit A) by the 15`h day of the month immediately preceding the months of August, October, December, February, April and June; the Surcharge shall be deemed approved and authorized unless written objection from the city is received by the contractor within seven (7) days of city's receipt of the worksheet. A Surcharge shall commence only on the first of each of the months named herein above. 5. This amendment shall be effective upon its approval by the City Council and shall remain in effect until amended by City Council action. This amendment, however, shall expire and become null and void upon City Council approval of a new rate schedule for solid waste collection services. Dated this dL,l day of 2008. Approved by the City Council of the City of Pasco at its regular meeting of July 21, 2008. CITY OF PASCO: BASIN DISPOSAL INC. dov Gt. ac-r Joyce ItMayor eonard Dietrich, President ATTEST: fl ki W Sandy KenvWrthy, Deputy City Vlerk APPROVED AS TO FORM: Leland Kerr, City Attorney Basin Disposal Inc.,Amending Solid Waste Collection Contract-Fuel Surcharge Page 2