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HomeMy WebLinkAbout4273 Resolution - 2023 Basin Disposal Inc. 2023 Rate Increase RESOLUTION NO.4273 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 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 (15) 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 6.8%, the recommended rate increase is five percent (5%) in accordance with the Annual Rate Adjustment Cap as outlined in Section 6.3.4 of the Agreement; and WHEREAS, pursuant to RCW 35.21.157, the Agreement requires BDI to first publish notice by mailing to all affected ratepayers or by publishing in a newspaper of general circulation for two (2) consecutive weeks and such notice must occur forty-five(45)days before the effective rate increase; and WHEREAS,the City has pursuant to this statutory requirement ensured through its current contract with BDI, that BDI has posted notice as required by RCW 35.21.157 at least forty-five (45) days before the proposed rate increase. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON: That it hereby approves the Annual Rate Adjustment of five percent (5%) in accordance with the terms outlined in the 2015 Comprehensive Solid Waste Collection Agreement, attached hereto as Exhibit A and the Rate Schedule with the effective dates of January 1, 2023, through December 31, 2023;attached hereto as Exhibit B. Resolution—2023 BDI Rate Increase- 1 PASSED by the City Council of the City of Pasco,Washington this 21St day of November 2022. B c ' s Mayor ATTEST: APPROVED AS TO FORM: ���. ���.�- - Debra Barham, CMC Ke uson Law, PLLC City Clerk � Attorneys Resolution—2023 BDI Rate Increase-2 � EXI-�IIBIT A COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT City of Pasco and Basin Disposal, Inc. November lb,2015 i Table of Contents 1. RECITALS,AGREEMENT,DEFINITIONS.................................................................... 1 2. AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT.............. 1 3. TERM; AUTOMATIC EXTENSIONS.............................................................................. 1 3.1. Tertn...................................................................................................................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.b. HourslDays of Operation.....................:.............................................................4 4.7'. Empioyee Cnnduct.............................................................................................4 4.8. Disabled Persons Service...................................................................................5 4.9. Holiday 5chedules.............................................................................................5 4.10. Inclement Weather and Other Service Disruptions ...........................................5 4.11. Suspending Callection 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 4.1 S. 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 Assista.nce....................................................................................8 4.20. Safeguarding Public and Private Praperty.........................................................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 far Solid Waste............................................................................9 4.25. Adjustment of Service Level for Certain Customers.........................................9 Comprehensive 5olid Waste Collec#ion 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...........................................................................................10 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. Custorner-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 ...............................................................1'7 5.7. Customer Service.............................................................................................18 5.7.1. Customer Service Office..................................................................................18 5.7.2. Complaints.......................................................................................................18 5.7.3. Emergency Contact..........................................................................................19 5.8. Reports.............................................................................................................19 6. COMFENSATIaIV ........................................................................................................... �9 6.l. Basis for Determination of Solid Waste Service Rates ...................................19 6.2. Compensation for Solid Waste Services..........................................................19 6.3. Adjustment to Solid Waste 5ervice Rates .......................................................20 6.3.1. Annual Rate Adjustment..................................................................................20 6.3.2. Adjustrnents 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 Coliection 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 b.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. Perform.ance Fees.............................................................................................24 7.2. Defaul#and Remedies......................................................................................25 8. NOTICES..........................................................................................................................25 9. INSURA3�TCE AND BOND REQUIREMENTS..............................................................26 9.1. General Insurance Requirement.......................................................................26 9.2. Minimum Scope of Insurance..........................................................................26 9.3. Minimum Amounts ofInsurance.....................................................................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 BondJSurety................................................................................27 10. GENERAL TERMS..........................................................................................................28 10.1. Indemnification................................................................................................28 10.1.1. Indemnify and Hold Harmless.........................................................................28 10.1.2. Notice to Contractor; Defense .........................................................................2$ 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 1 Q.3. Lega] ................................................................................................................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.......................................................................................................3] 10.9. Right to Renegotiate or Amend.......................................................................31 1�.10. Force Majeure..................................................................................................32 10.10.1 Force Majeure Events......................................................................................31 l O.l 0.2 Force Majeure Occurrences of Non-Default....................................................32 10.11. 111egal Provisions/Severability.........................................................................32 10.12. Waiver..............................................................................................................32 1'0.13. Entirety.............................................................................................................33 Comprehensive Solid Waste Collection Agreement Page v COMPREIiENSIVE SOLID WASTE COLLECTION AGREEMENT This Comprehensive Solid Waste Collection Agreement ("Agreement"} is made and entered into this 16 day of Novernber, 2015 ("Effective Date"), by and between the City of Pasco, a Washington municipal corporation(the"City"), and Basin Disposal, Inc., a Waslungton corporation("Contractor"). RECITALS A. Contractor desires to provide, and has tlae experience, resources and expertise necessary,to perform solid waste coliection services. B. Contractor currently provides soiid 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�riginal 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 gainec3 thereby. NOW, THEREFOR�, 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 sha11 have the meanings given them in Exhibit A. 2. AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT Effective as af the Commencernent Date, the Original Agreement is hereby amended and replaced in its entirety by this Agreement. 3. TEk2M; AUTOMATIC EXTENSI4NS 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 (lbth) anniversary of the Cammencement 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 Agreernent shall terminate on the Expiration Date in effect as af the date of such written notice of termination. 4. SCOPE UF WORK 4.1. General Terms and Conditions Contractor shatl collect, transport and dispose of a11 Soiid Waste, Household Hazardous Waste and any other materiais herein authorized, from each and every Custamer within the Service Area pursuant to the terms and conditions of this Agreement. 4Z. 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 Ageement, Contractor sha11 be the sole and exclusive provider to manage, collect, transport and dispose of Solid Waste and Household Hazardous Waste, and, as applicable, to manage, coliect, transport and process Recyclable Materials and Green Waste subject to a separate collection service requested by the City or the jurisdiction of the WIJTC upon adoption of an appropriate jurisdictional over�ay 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 gaod 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 dacumenting violations and other activities. Notwithstanding the foregoing, the City shall enforce its municipal code in the ordinary course against any third parties providing unaut�iorized 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 ather 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 Ageement prior to such annexation, the annexed area shall not be added to this Ageement 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 proYisions 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 t�e 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 specificaliy waives the right to receive any additional compensation or any rights of collection in the newly- annexed territary beyond what is provided herein. Subject to the provisions hereof, Contractor acknowledges that its certificate applicable to those future annexation area.s shall be cancelied effective the date of annexation by the City. If a party other than Contractor holds the WLTTC 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 Yimely 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 an� a11 claims, actions, suits, liabilities, losses, costs, expenses and damages, including costs and attorney fees, asserted by such parties praviding 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 axea 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 Cus#omer 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 Contractar'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 commercialty 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 shaIl evaluate the on-site conditions and make a determination of the best approach for providing Solid Waste service ta 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 ternporary 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 collsctions from non-Residential Commercial Customers on Monday through Friday between the hours of 5:00 a.m. and b:00 p.rn. provided; however, the City shall have the autharity 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 Coliection 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 shali use commercially reasonable efforts to remedy the issue as soon as possible, including temporarily or permanently removing such employee from all further performance of ihe work described in this Agreement. 4.8. Disabled Persons Service Contractor sha11 provide, at no additional expense, carry-out service of Solid Waste to #hose 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. Aotiday Schedules Cantractor sha11 provide regular Residential and Commercial collection services on all weekdays, Monday through Friday inciusive, regardless of any holidays that may be observed. Drop-Box Container collection service shail not be performed on New Year's Day,Memorial Day, Fourth of July, Labor Day, 1'hanksgiving Day and Christmas. 4.10. Inclement Weather and Other Service Disruptions If, in Contractor's commercially reasonable discretion, weather or other route c�nditions 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 Wa.ste collection services after 6:00 pm and/or on Saturdays follawing disruptions in order to ma.ke 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 refusai 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 #o provide service to those problem Customers. However, Contractor may deny or discontinue service to a problem Customer if reasonable efforts to accommodate#he Customer and to provide services fail. If the Customer submits a written letter to the City appealing Contractor's decisian, 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 Cont�iner. Contractor shall place a notification tag on such Residential Cart or Container that identifies the specific reason for not collecting the Solid Waste, and rnaintain 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 Custorner an additional fee for this service at the rate specified in the ra#e schedule attached hereto as Exhibit C ("Rate Schedule"}. 413. 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 rnap 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 witll applicable laws. Contractor shall equip each route, service and supervisory vehicle with properly licensed two-way communication equiprnent capable of communication throughout the entire City Service Area with a base station maintained by Gontractor. In addition, Contraction shall cause all vehicles to Comprehensive Solid Waste Collection Agreement Page 6 carry regularly-maintained and fully-functiona.l spill kits, including absorbent pads or granules, containment booms, storm 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 a11 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 professianai appearance. 4.15. Residential Carts and Containers Inventory Contractor shall procure and maintain a sufficient quantity of Residential Carts and Containers #o 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 equipm.ent, 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 lea.chate requiring more equipment or trea.tment 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 sha11 incorporate any commercially reasonable comments that the City provides. The spili respanse procsdure 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 conshvction such that the work interferes with Contractor's services, Contractor shall use cornmercially reasonable efforts to accoUnt for such interruption to permit the prudent and safe collection of Solid Waste frorn affectetl 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 contemp�ated 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 shali provide site planning assistance to property owners or their representatives. The site planning assistance shall be available far all new construction or remodeling of buildings and structures within tl�e 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 ctinsultation sen�ice 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 improvemen#s, facilities and utilities whether located on public or private prvperty. If such improvernents, facilities, utilities or Curbs are damaged and such damage is due#o 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#he 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 ret�uired to collect Hazardous Waste, Biomedical Waste or any other materials that aze either restricted from disposal or wauld pose a danger to Contractor's coilection crews. If materials are reject� for this reasan, Contractor shall leave a written notice with the rejected materials listing why they were not collected and providing the Customer with a contact for fiuther information about proper disposal options. The Customer shall remain responsible for atl costs associated with handling and disposal of such materials inadvertently collected by Cantractor. 4.24. Disposal Site for Solid Waste Contractor shall deliver a11 Solid Waste to an appropriate disposal site operated by Contractor or such other disposal site or sites that satisfy applicable state regulatio;is. Contractor shall provide the City with a list of the dispasal sites being used by Contractor. 4.25. Adjustment af 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 diffsrent 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 deternuning 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 deternnines 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 Recyciable Materials, any other programs conc�rning Solid Waste service within the City Service Area, including the mandatory Salid Waste collection requirements for a11 G�.tstomers in the City Service Area. Contractar 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 arnount 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 receptaeles 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 Residentiai Cart. Each Unit of So1id Waste not provided in this manner for callection 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 deternnines that a Residential Customer is disposing of passenger vehicle tires in excess of four(4)per year, Contractor may assess the affected Residential Castomer 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 rnay request the use of a b4- 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 sha11 maintain all Residential Carts in good condition without any jagged edges or holes. If Contractor's employees note any damaged hinges, hoies, 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 sha11 replace, at its sole cost, any Residential Cart that is damageti or missing on account of accident, act of nature or the elements, fire, or thef# 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 resuit af 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 Sched.ule. 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 hu.ndred-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 yualifying 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 piaced within such Residential Cart for r.ollection shall be subject to additional pickup charges at the rate set forth in the Rate Schedule. Tf a senior, low income Residential Customer sets out more Solid Waste than may be contained in a 54 gallon Residential Cart on two or more occasions in any calendar year, Contractor may at any time thereafter cause such Residential Customer to change ta 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 eacla of the following conditions to the City, and that the City has verified to the extent reasonabiy 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 11 (ii) The Residential Customer must be the customer of the solid waste service and must be directly responsible for the g�ayment of the solid waste bill; and (iii) The Residential Customer is the fee simple owner, or the primary tenant named on the Iease, 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 rnake 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 shal] be considered the "head of the household"; and (vii) The Residentiai 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) a�ove, and acknowledges the City may require an updated application at any time. 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. Contraetor may terminate such discounted service if and when Contractor or the City has a reasonable beiief 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 shaIl 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 Wasie 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. Cnntracfor shall comply with all applicable State of Washington statutes and regulations including, but nat 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 ei�lit (8) consecutive hours, Contractor sha11 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 cflmplies with a11 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 publis4�brochures concerning the Household Hazardous Waste program, including the location of the facility and the hours of service. The parties hereta acknowledge that the Household Hazardous Waste program is canditioned 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 Cnntractor the county's duties under Washington state Iaw to implement and administer a Household Hazardous Waste progra.m. Contractor shall cause the cost of such prograrn to be included in the service rates set forth in the Rate Schedule in full cornpensation 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 Agreernent sha11 also be autornatically terminated. In such event, the portions of this Agreement authorizing and requiring Contractor to collect Household Hazardous Waste shall be deemed #ernunated without further action required of any party, and Household Hazardous Waste shall be deemed to be euiacceptable waste for collection. On the next Annual Adjustment Date following the date on which Contractor is no longer required to collect such waste, Contractor shali equitably adjust its service charges for each level of Solid Waste service. 5.2. Commercial Service .5.2.1. Commercial Customer Solid Waste Service Confiractor shall collect Solid Waste from all Commercial Customers within the City Service Area, provided that the Sotid 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 Cominerciat Customer may select, the following types of Containers: 1.5-, 2-, 3-, 4-, 6- or 8-cubic yard Detachable Container; 1 l-, 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 volurnes of 4-cubic yards or less. Drop-Box Containers shall be constructed of inetal, 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 9b-gallon commercial ca.rt. 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 sliall deliver and place the Container on the Customer's property in a location determined by fhe Customer, provided such location is reasonably acceptable to Contractor for the safe and efficient collection thereof. Contractor shall maintain aIl Containers in good condition without any leaks, jagged edges or holes. If Contractor's emplayees note any damage to a Container requiring repair, Contractor shall repair, at its sole cost, the damage without need of retiuest 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 othgr members of the public within there (3) business days. Contractor may provide Custorners with either a new or used and reconditioned Comprehensive Solid Waste Collec#ion Agreement Page 14 replacement Containers, provided such Containers are clean and presentable. Cantractor 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 repiace a Container within three (3) business days of request by the City if the City determin.es 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 Customears 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 ga#e 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 {b) 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 arnount (e.g. one pick-up per vveek rate divided by 4.33 weeks per month) of their regular monthly rate for that service. Extra collections of Drop- Box Containers shali be provided at the regular rate set forth in the Rate Schedule. 5.2.2.4. Customer-Owned Brop-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 na 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 1 S 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 compactar 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 C). 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 deposi#ed 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 So1id Waste service increase will be based on the following calculations: (a) Solid VJaste 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 Colleciion Agreemeni Page 16 Contractor will send a quarterly accounting of the remaining balance of the total Solid Waste service to be provided to the City witl�out direct cost. T'he accounting period for this Solid Waste service will begin on January 1 and end on December 31 of each contract period. a.5. Recyclable Matearials and Green Waste If, during the Term of this Agreement, the City elects to provide additional services reiated 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 Custamers residing in Residences located within the City Service Area. Within ninety{90) days of receipt of such notice, Cnntractor 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 Recyciable 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 andlor Green Waste service governed by this Ageement, the City shall permit, at Contractor's written request, the Washingtan Utilities and Transportation Coirunission ("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 So1id Waste that exceed the limitations set forth in the definition of"Solid Waste Units," which service shall be provided within five(S)business days of the Customer's request. (ii) With respect to quaiifying Customers, Contractor shall administer and provide Soiid Waste service as provided under and pursuant to Pasco City Code Section Comprehensive Solid Waste Collection Agreement Page 17 6.04.24Q, "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 #o households, such as refrigerators and air- conditioning units, at the rates set farth 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. Custamer 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 verifiecl, 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 no# be resolved during the initial communication with the Customer,regardless of how the complaint was received, includin� 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 ane (1) business day of the original call or e-mail. The computerized daily log shail 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 1$ 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 aIl hours other than normal office hours. 5.8. Reports In additioi;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, Contractar shall provide to the City a profit/loss financial statement for the precediug calendar yeax 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 fmancial statements. Upon the City's request, Contractor shall make available the same flnancial statements to an accounting firm selected by the City and reasonably acceptable to Contractor, provided, however, that the accounting firm provides Con�ractor 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 a111egitimate operating and capital costs incurred by Contractvr and to provide a fair rate of return on Contractor's investment in providing all services inciuded 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 th� 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 td�e 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 5alid Waste Service I�ates 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 adjushnents. Rates sliall be adjusted annually, beginning January 1, 2016 (the "Adjustment Date"}. Contractor shall submit to the City for review and approval a "Rate Adjushnent Statement" showing the calculations of new service rates for the following year, including a calculation of the percentage change in the Adjushnent Index for the rnost recent twelve (]2) 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 S� and the City shall have ninety (90} days ta 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 St of the subsequent year. 6.3.2. Adjnstments to Tipping Fees and Disposal Fees A tipping disposal or acceptance fee charged for Solid Waste sha11 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 shaIl provide the City with notice of any tipping fee or disposal fee adjushnent 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 descrihing 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 Custoxners 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 foIlowing 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 autharization, 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. o 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)J. The Fuel Surcharge shall be calculated by subtracting the Base Fuel Price from the Current Fuel Price and converting the difference to a percentage af 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 calculatian worksheet by the l Sth day o£the month immediately preceding the months of August, October, December, February, Aprii and June. The Fuel Surcharge shall be deemed appraved and authorized unless written objection f�rom the City tfl 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 gaod faith to resolve any alleged errors in such mathematical calculations. A Fuel Surchazge 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 tv the provisions hereof. Contractor shall incorporate such Fuel Surcharge in the Customers' invoices in a timely manner. b.3.4. Annaat Rate Adjustment Cap The Annual Rate Adjustment Cap is met when the cumulative rate increases of b.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 {Adjustraent Tndex). Comprehensive Solid Waste Collection Agreement Page 2I 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 63.5) at the Annual Rate Adjustment Cap or proceed as ou�lined 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 15t 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 sha11 not be unreasonably withheld or delayed, the WACOD Adjustment to the service rates shall take effect on January 1 St of the subsequent year. 6.3.6. Tax Additive The State Refuse Collection Tax {currently at 3.6%) and any applicable City Taxes shail 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 methodalogies 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 t�ss, 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 detennine whether compensati�n adjustments are appropriate and if so, to determine the amount and the method of adjustrnent. 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 re,c�uire such third party to execute a commercially reasonable confidentiality agreement. Any such additional financial review costs shall be considered allawable business expenses for future rates adjustment purposes. G.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 reyuest for such rate adjus�nent. This Agreement shall terminate on the date set farth in Contractor's written notice of termination, which in no event sha11 be less than six (6}rnonths from the date of Contractor's written notice of termination. G.4. Silling for SoUd 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 So1id 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) additionai 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. G.5. Delinquent Accounts and Uther Customer Defaults Contractor sha11 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, bu# excluding those remedies in the City's code expressly reserved to the City. The City sha11 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 shail 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 irnpose 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 Agreeinent as provided in Section 7.2, provided hawever, 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. Cantractor sha11 pay such performance fees ��vithin thirty (3U) days of demand therefore from the City. 'The City sha11 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 sha11 be allowed to present evidence as to why the amount nf performance fees should be lessened or eliminated. 7.2. I)efauit 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 far 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. S. NOTICES Any notice required or permitted to be given under this Agreement sha11 be in writing and may be given by personal delivery, by certified mail, or by air courier, and if given personally ar by mail, shall be deemed sufficiently given if addressed to the City or to Contractor at the following address: The City: City of Pasca 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 (Sth) 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 Callection 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 liabiiity 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 na.med 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 Cornmercial General LiabiliYy insurance shall be endorsed to pravide the Aggregate per Project Endorsement ISO form CG 25 03 11 85, ar 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 GeneraI Liability insurance policy with respect to the work performed for the City. (iii) Workers' Compensation coverage as required by the Industriai lnsurance laws of the State of Washington. {iv} Hazardous Waste Hauling. To the Automobile Liability Minimur�n Scope of Insurance, Pollution Liability coverage at least as broad as that pravided under ISO Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA 99 48 and the Motar Carrier Act Endorsement(MCS 90) shall be attached. 9.3. Minimum Amounts of Insurance Contractor shall maintain the following insurance Iimits: (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 aggegate and a $2,000,000 products-completed operations aggregate limit. Comprehensive Solid Waste Collection Agreement Page 26 9.4. Deductibies and Self-Insured Retentions Any deductibles or self-insured retentions in excess of$50,004 must be declared to and approved by the City, which approvat 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 lasses and related investigations, claim adrninistration 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 A:VII. 9.7. Verification af Coverage Contractor sha11 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 ail tirnes a valid Con�ractor's Performance and Comprehensive Solid Waste Collection Agreement Page 2� 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 N�/l00 DOLLARS ($SQ,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 sirnilar instrument, and evidence satisfactory to the City of its renewability, nat Iess 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 fi�ll in the event its renewal is not confirmed at least five(5) days before its expiration. 10. GENERA�, TERMS 10.1. lndemni�cation 10.1.1. Indemnify and Iiold 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 Contractar's exercise of duties, rights and privileges granted by the Agreement, provided, however, that Contractor's obligation to indemnify, defend and hold harinless for injuries, sickness, death or damage caused by or resuiting from concurrent willful or negligent acts or actions of Contractor and the City shall apply only to the extent of Contractor's negligence. 20.1.2. Natice 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 pravide 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 investigatiou 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 sha11 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 officiais, officers, �employees, agents and representatives, Contractor agrees to waive Contractor's immunity under industrial insurance, Title S 1 RCW, for any injury, sickness or death suffered by Contractor's employees that is caused by or arises aut of Contractor's negligent exercise of rights or privileges granted by the Agreement. 10.2. Transfer of the Contract 10.2.1. Assignments,Sabcontracts and Delegations Contractor shali 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 performa.nce of this Agreement and the assignee, subcontractor, or other obligor sha11 also become responsible to the City for the satisfactory performance of the work assiuned. The City may condition approval upon the delivery by the assignee, subcontractor or other obligar 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 #o abide by a11 terms and conditions of this Agreement. 10.2.2. Changes in Control If Contractor is a corporation, limited liabiiity 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, ar limited partnership interests, or in the controlling interest at azay tier in the ownership structure of Contractor, or change of the manager or general partner for LLCs and LPs, 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 assignmeiit 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 subsidiazy 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 Wasie Collectiott 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 5Q% of the outstanding voting stock,membership interest or partnership interest. 10.3. Legal 14.3.i. Laws to GovernlVenue 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 ta 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 resoiution. All unresolved disputes with respect to the handling of complaints under this agreement shail 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 enviranmental 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 frpm time-to-time. 10.5. Non-Discrimination Contractor shall not discriminate against any employee or applicant for empIoyinent because of age,race, religion, creed, color, sex,marital status, sexual orientation,political ideology, ancestry, natianal origin, or the presence of any sensory, menta] 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 a11 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 a11 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 t�es, workers' compensation and unemployment benefits, surcharges of any kind that apply to any and al1 persons, facilities, property, incame, equipment, materials, supplies or activities related to Contractor's services provided under the Agreement. 10.7. Reiationship of Parties The City and Contractor expressly acknowledge that the relationship between Contractor and the City shall at all times be as an independent cantractor of the City. No agent, e�nployee, servant or representative of Contractor sha11 be deemed to be an employee, agent, servant or representative of the City. 10.8. Bankru�ptcy If (i) Contractor makes any general arrangement or assignmen# 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 Iaw, 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 rnaterially modify the terms and conditions of this Agreement, provided however, that the City may not madify 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 �uthorized representatives of the City and Contractor. Comprehensive Solid Waste Collection Agreement Fage 3 i 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 matenial 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 adjustrnents 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 priar 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 Can#ractor'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 ageement. Any such additionai financial review costs shall be considered aIlawable business expenses for future rates adjushnent purposes. 10.10.2 Force 1Vlajeure Occurrences of Non-Default Contractor shall not be deemed to be in default and shaIl 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 o£a Force Majeure event, Contractor is unable wholIy 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 anly with respect to the particular component of obligations affected by the Farce 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 af 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 statemen# or proposal shall alter any term or provision of this Agreement except as provided herein. WITNESS T�TE EXECUTION HEREOF on the day and year first herein above written. BA N DISPOSAL,INC. CITY OF PASC4 Darrick Dietrich, President Matt Watkins,Mayor A E 1 ebbie Clark, City lerk -� Comprehensive Solid Vdas#e Collection Agreement Page 33 Exhibit A Definitions 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" rneans 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 sha11 not exceed two feet by two feet by five #'eet (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"rneans 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 ali non-Residential Customers, including but not limited businesses, institutions, governmental agencies, and all other users, including occupants of Residences, Mobile Home 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 cantainer 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 Residentiat 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: "Custamer" 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 Coutainer equipped with a tight-fitting cover, capable of being mechanically unloaded into a coilection vehicle, and that is not less than one and a half(1.S) cubic yards or greater than eight (8) cubic yards in capacity. �rop-Bax Container: "Drop-Box Con#ainer" means an all-metal Container with ten(1U) 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 2b1 and regulated as Hazardous Waste by the United States Environrnental 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, handiing or disposal of waste imposing speciai handiing 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 treatrnent, 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 'UVaste. Household Hazardous Waste: "Household Hazardous Waste" has the same meaning set forth in RCW 70.i02.010(2),together with any applicable regulations promulgated by the Washington Department of Ecology pursuant thereto. Loose Material: "Loase Material" means material not set out in bags or containers, including materials that must be shoveled. Comprehensive Solid Waste Collection Agreement,Eadubit A Page 2 Mixed Paper: "Mixed �'aper" 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 to�vels, food-contaminated paper or paper packaging combined with plastic, wax and foil. Mixed-Use Bailding: "Mixed-Use Building" rneans 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 biiled 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" rneans 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 Accard" 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 individuaily, 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 sha11 be deeined to be separate categories of Solid Waste where expressly provided in this Agreement. Speeial 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. Unloeking: "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 Transpartation Commission. Comprehensive Solid Waste Collection Agreement,Elchibit A Page 4 Exhibit B City Service Area . � . l � . � + . , i� . . � � „ y � ■ . l ' 1 �1 + i ; 'y �y'.POYIERLME ROAD CITY L�MITS � ` p w ' �r • � � � �` V � �� '. 1�7...�_�.AHq�F4R VK1HV A �,���� � � 4 ` � '� ��� ��\`w .� �-a�.e-.� � � _._� `�' C! � � �� � `,�.'�',"��, g� � ,.,,� - g ., r �—� --�.. a *� �' g --CiTX i.IMITS et�! _ ` �i � � � �" �°x �� t«�:��„ � � -.,.` � 54� ���� � -'^'"�� ti. �' .�,�Y_A�!R s� �__ ...� �-ta2 t ��ea ` ��.'_'-�y� ���:��,!.r. .� �� g�... � cou�a'r ��, ,�w c aT ss�..�' �, _� �.y �t ``* - i �_ ��� �r'-*-p' { N . . \` `qh �i D — _ __ d.. 7 a m ,�,�.,,;;�'1 }�c�,E l@WI�84� ..�.,�� _�.Y.,:w >���,p_ ,;R+�"- .. y"�`_ � �'�"�e> � �"��,��' • *�,�, � � � -�``�ti_,.v-- - � � ..�; :`��,�� " +` .«���-�, . a _ _.� 't� ~x4 �+.T,�•'�r& � .�°� �.�i _�eR���:`� �•. ' ! . ��e P �`•` ��• i4�4 '• � ��� ... � �• � .� ����< �. =a� .� `a Ciiy o# Pasco � --- '�• City Limits 2A15 � � -'a w, Comprehensive Solid Waste Collection Agreement,Er.hibit B Page 1 Exhibit C Rate Schedule 30Act-15 Page 2 Indez of Items Pa¢e Index Index by Item 2 Index Index by Topic 3 Item 5 Application af Ratcs-Taxcs 4 tum 40 Material Requiring Special Equipmcnt,Pnecautior�s,or Disposal 5 item 45 Material Requiring Special Testing andlor Analysis g Item 50 Retumed Check Chazge.s 5 Item 51 Restart Fces 6 Iltm 53 New Customer Prepayments (, Item 70 Reium Tripe � Item 80 Carryaart Sersrice g Item 100 Residential Can/Umt Service,Curbside Raycling,Greenwaste Service 9 Item 100 Residential CanliJsrit Service,(�ubside 12ecycling,Cme�raste Service lU Item 150 Loose and/or Bulky I�laterial 11 Item 160 Tune Rates 12 Item 200 Application of Detacliable C�tainer and/ar Drop Box Rates-Gene�ral 13 Item 205 Roll-0ut Cfiarges-Residendal Carts and Detachable Contauters 14 Item 207 Excess Weight-Rejecdon of Load,Ovenveight Chargea W Transport ]5 Item 2i0 Wastiing and Sanitiung Resideatial Carts,Detachable Containers and Dinp Boxes 16 Item 230 Disposal Fees 17 Item 240 Container Service-Non-caanpacted Cart lg Item 249 Container Scrvice•Non�ompacied Container 19 Item 255 Containez Senice-Crnnpacted-C�»tomer-owned Container 21 Item 2G0 i7rop Bax Service-Non-Compacted-Campany-Owned Drop Box 22 Item 2�0 Drop Box Service-Campacted-Compaay-Owned llrop Box 23 Comprehensive Solid Waste Collection Agreement,Eachibit C Page 1 30-0ct-15 Page 3 Index of Toaic Item No Pae,e IndaxbyItem...... ...................... ........................_.. . ......... 2 . .................. ................... Indeuby Topic................................. ............................................................................ 3 BulbyMaierial............................................................................................................. 7 50 11 Carryoutservice........................................................................................................... 80 8 Detacheble Container service,eompacted.................................................... .......................... 255 21 Detacknble Container service,nan-compected,....................................................................... 240 IS Detachyable Cordaubers arid/�Drop Boxes,availability............................................................ 200 13 Detsct�ble Conhainers andlor Drop Boxes,general rules........................................................... 200 l3 Detacl�ble Containers and/or Drop Bw:es,waslring azui sazutiring............................................... 21 d 16 Prepa}anettts............................................................................................................... 53 6 Disposalfees.............................................................................................................. 230 17 Dropbox service,Compacted,.......................................................................... • - ............ 270 23 Drop-Bax sen�ice,Non-Compacted.......................................................... .......................... 260 22 Exceas Weight-Rejection of Loac�Overweight Chazges to Transpart........................................... 207 l5 ResideYrtialSezvice........................................................................................................ 100 9 RestadFees................................................................................................................. 51 6 Rewm Trips....................................................................... ......................................... 70 7 Rolloutcharges............................................................................................................ 205 74 Timerates..... .................................................................... ..................................... 1 GO 12 Comprehensive Solid Waste Coilection Agreement,Exhibit C Page 2 30-0ct-15 Page 4 I#ern S I[em 5—Analicatian ot'Rafes—Ta:es Enti im in tax: Descri tion Amouttt of taac: lieation Commodities Ci of Fasco Pasco Utili Tax 8.50% licable Customers-Revenue State of Washin on R7A Soiid Waste Tax 3.60% lieable Customeia-Revenue Naie 1: The rates def'med within this Exhibit C include the Pasco Udlity Tax of 8.5%. Note 2: The Wasliittgton 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 30-0ct-IS Page 5 Items 40,45.50 Item 40--Material Re uirin S clal ni mertt Precaution. or Dis sal Tiansportation of solid waste requiring apeciel equipmerrt�precautions in hazidling or disposal w711 be subject to Time Rates named in Item 160,or to other epecific rates containcd in tivs append'v;. Co�ractor wili make every cffort to be awaze of the commodities ihat require special handling at the dispcsal sites. The Contractor shsll maintain a list of those commodities and make it available for puhlic uupection et the CordracW�s office. Item 45—Material Reauirine Snecial Test�qp andlor Anai�sis When the Contractar or diaposal facility determuies that testing and/ar analyeis of solid wante is required to dctennine whether dangerous ar prohibited subsmnces are present,the acwal cost for such testing and/or arralysis will be paid hy the customar. At the Coi�acto�a e[ection,they may help provide the customer with testing and/or az�alysis of the dangerous or praltibited aubstance.I£the ContrecUar elects to l�elp with tbe trsting and anslysis,these costs will be passed through to the custamer. Item 50--Returned Check Char�es Refi.urned Check Charge. If a customer pays with a check,and the customer's bank refuses to honvr thai check,the customer will be assessed a Return Check Charge in the amount of�35.00. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 4 � 30-0ct-15 Page 6 Items S 1 and 53 Itam 51--Restari Charee A Restart Charge wil!be asaessed on all custamers whose secvice is discontinued for non-payment and who subsequently reinstate services. Restart Charges are as follows: A Restart Charge of�QQ,will be assessed to Residca►tial Cart customecs whose service is discontinued for non-payment. Please gee Itean 100. A Restart Charge of�3.40 will bc asseased fo DEtachable Cantainer customers whose service is diswutinued for non-payment. Please see Item 240. A Restart C6arge o#'�43.40 will be aasesead to Dtop Box customers whose service is discontinued for non-payment. Pkase see Item 260. Item 53--Preuavments for Resideotial.Cominerciat,Droa Box and Temnorarv Customers A Prepayment of�35.00 will be asseased to alt first time(new)Residential Castomeis. 'The prepayment will be applied to the customer's ac�ount in the event of non�ayment,after one year of service,or be returned to the customer upon tennination of ihe residential service.Please see Itcm lOb. A Prepayment is equal to ihe first montl�'s cost of seKvice,and will be assessed to all fust time (new)Commercial(�stomers.The prepayment wit�be applied to the cuaiomer's accrount in the evefit of non-paymeni,after one year of service,or be rcduned to ihe customer upon termination of the commacial sexvice. Please ace Item 240&255. A Prepayment of 5250.U0 will be asseased to first time(new)Drop Box(�stomcrs. The prepayment will be applieti W the custome�"s ac�ount in the event of nan-payment,�#ter one year of service,or be rewrned to the customer npon termination of the Drop Box servicc. Please see Itcm 260&270. A Prepaymeni will be asseased for each givea Temporary Service,and will be assessed at the time the customer sig�ns up for the Temporary Service.The Prepayment will be applied fo the custome�"s account upon tetmination of the Temporary Service. Please see Itetns?AQ�260 Comprehensive Solid Waste Collection Agreement,Exhibit C Page 5 30-Qct-15 Page 7 Item 70 Item 70--Return Trivs When the Contractor is required to mal:e a Return Trtp,thai dces not require tha special dispatch of a iruck,to pick up material that was unavailable for collection for reasons under the control of the customer,the following addidonal charges,perpickup,will apply: Tvne of Container Return Trin Charee Reaidentiai Cart(Senior oniy),64 gallons ............. $ 11.00 Residenflal Cart,96 gallons ............. $ 11.00 Deiachable Coniainer(Contajner)............. S 21.85 Comprehensive Solid Waste Collection Agreement,Exhibit C Page 6 30-Oct i S Page 8 Item 80 Item SO--Carrv-Oat Service Contractor will assess the following additional charges when customets requeat ihat Cantractor personnei provide Carry-Out Service of Residential Cans/Units not placeci at the curb,the alley,or other point where the Contracto�s vehicic can be driven to within frve feet of the Residential Cans/Units using improved arcess roads commonly available for public use. Driveways are not considered improved access roads commonly available for public use. Carrv-Out Charee Canmerciel Rates Per Unit,Per Picda►p 64 or 96 gallon CaK $ 3.25 that must be carried oui over S feet,b2et not over 25 feet, Comprehensive Solid Waste Collection Agreement,Exhibit C Page 7 30Act-IS Page 9 Item 100 Item 100—Residevhta[Service--Moathh�Rates{continued on nert naeel Rates below apply in the following service erea:City of Pasco Number of Frequency Garbage Racycle Greeuw�ste Units or Type of Servlce Service Servece oTReaWeutialCarts S�ep'�g 2�a�g �g te (]}64 gallon Residential Cari{Senior/Low Income Orily) WL'i $ 9.22 #N!A #N/A (]}96ga11onResidantiel Cart WG $ 18.45 i�UA #N/A (])Multi Faznily/Duplex 96 gallan Residerdial Cari WG S 18.45 #N/A #N/A Fach Additiona196 gell�Residentisl Cart WG $ 1.90 #N/A #N/A Frequency of Service Codes:WG=Weekly Garbaga;NA=Secvice is not available at this time Comprehensive Solid Waste Collection Agreement,Exhibii C Page 8 30.0ct-15 Page 10 t 100 Item 100--Residential Service--Monthl ltxtes rnntinaod from revlous e �1'Pe qfi'aervtce � PrePflYmen2 C1�'ge $ 35.00 Rasiart Cl�azge S 43.40 ReGan Trip Cl�arge $ l 1.00 Cazry Oirt Service-up to 25 feet $ 3.25 Rcplacemea�t CaR Charge $ 85.f� Rattimi Check Charge $ 35.00 Freon Aiachazge Cfmige(App[iancesJ $ 35.U0 Pesscrgv Tire C'�erge $ 5.00 Truck Tire Cherge $ 10.00 Note 1: A Prepayment C6arge af will be assessed to a fust timc(new)Residential Q�stametta. Tha prepayment will lx applied to the customer'�accaunt u�thc event of noo-pa}znent,eRar ona year of senrice,ar be retumed to tha cusWmer t�1 terminetion of(he rasidentiat service.Pleasa see Item 53. Note 2: A Resmrt Charge will be asse�sed on all ct�tomers whose service is diacont'vrued for n�-payment and who subsequerdly reimtaUe services. Please see Item 51. Nots 3: If the customer raque.sts the Cardrectar to meke a Return Tri�Charge due to no feult of Contrecto�,Cormactor shall be pe:mitted to cherge the GLetoancr a iteturu Trlp Charge Please see Item 70. Note 4: Contractor will essess additional charges(Item 80)when c�sstomers request that Caihactor persrnmel prrnide Carry-Out Service of Reside�ial Csns/[Jniffi not placed at the curb,tlx alley,or ather poi� where the comnpan}�s vehicle c�be driven to within five feet of ihe Residential Caav/t3nita using improved access roads commonly availablt£ar public use. Driveways ere not considered improved access roads commonlv availa62e far public uae. Note 5: If azry customer who destroya a Cait,does ttot rehun ihe Cart upon termination,a�sarvice is sln� off for non-gayment azrd they refuse w s�ur�der tbe Cart a Iteplacemeat(;art Charge will be charged Note 6; If a customer pays with a check,end the cust�nw's benk refises to honor thei check,tha cuswmer will be aaseased a Return Cbeek Charge. 7Vou 7: If a cust,omer�nequesb Contractor to pick up any appliance that cornains Freon the cuetoma will be chacged a Freon Discharge Cbarge. Note 8: If a customer diaposes of mae then 4 pasesager cer tir�,with cx without rims,tha Cantractoz will charge an additional Passenger or 1Yvek Tire C;6wrge. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 4 30.0ct-15 Page 11 Item S50 Item 150—Unitx Bull.ti Maieriat&Analiances.Fnroiture Minimum Charge R�te Per Pickua SoGd Weste Unit $ 3.SU per unit N1A BulkyMeterials $ 14.15 percubicyard $ 14.15 Appliancea,Furmhae Items $ 14.15 per item $ 14.15 Freon Dischazge Cl�ge $ 35.40 per ilem NIA Note l: "Solid Waste Uniis"and"Bulky Materials"chazges ody apply when itams are not properly contained fa collectioa es dafvud m soction 5.1.1 of the cantrac�Please see below nferenced Notes 2 and 3 f�definition of sius and cm�tauunern of sotid waste and biilky iums. Note 2: °Bulky Materiefs"meacu bags,booces,or bundles;a empty carriers,carmng,crates or materiels offered for disposal all of which may be readily har►dled withaut shoveling(aot loose,vncm�tained matarials). Individual items shall na exceed iwo feat by i�vo feet by five feet(2'x 2'x i')in dimansion, and not weigh more than 65 paimds. Note 3: "Solid Waste llnit"is defined in the C.anprehensive Solid Waste Agreeme�,�t geneially means eny individiml receptaale,een,Plastio beS>cart,box,cert«i,or other container$�ai does nat hold mose than 32 gal]ous or 4 cu R of solid waste,and which does nat weight more than 65 poim�when filled Note A: Appliences will be charged at dxe per item rate noted above. If the Appliance has Freon, the Freon DL+charge Cdarge will aLgo be applied. Comprehensive Solid Waste Collection Agreement,Exiiibit C Page 10 30-Oct-15 Page 12 Item 160 Item 160--Time Rates W hen time rates appty. Tinne Rates named in this Item apply: (a)Whea material must be Yaken to a special site for disposal; (b)When t�e Conttactor's equipment must wait at,or retum to,a customer's site to provide scheduled service dae to no disabifity,fault,or negligence on the part of the company. Actual waiting time or time taken in retuining to the site will be charged far,or (c)When a customer orders a single,special,or eenergency pickup,or when other items in this taziff tef'er to this Item. Haw rates are recorded and c6arged. Time must be recordecf and chazged for to the nearest increment of 15 minutes.Time rates apply for the period from the time the Contracm�s vehicle leaves the terminal,until it retums to the terminal,or when it leaves its pra-scheduled route and drives towards the Customer's site, excluding interruptions. .,�n intemiptioxi is a situation causing stoppage of service that is in the control of the company and noi in the control of the cusmmer. Facaropies include: worlc breaks,breakdown of equipment, and sunilar occurrences. Disposal fees En addit,ion to time rates. Ftem 230 Disposai Fees for the disposal site or facility used will apply in additioa to time rates. Rate Per Hour Each Eztra Minimum Tvce of Faaipment ordered Trnck and Driver Person CharQe Single rear drive axlc $ 60.00 $ 40.00 S 40.00 Tandem rear dzive axle: $ 95.00 $ 47.50 S 47,50 Comprehensive Soiid Waste Collection Agreement,Exhibit C Page 11 30-Oat-15 Page 13 Item 200 Item 200—Detachable Containers and/or Dron Boaes—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 im writing or by telephone. Alternste-sized iContainers and/or Drop Boxes. If the Contractor cannot provide the requested- sized Container or Drop Box(and that size is listed in this e�ibit),tlie Contractor must provide a]lernate-sia�ed Containers or Drop Boxes,sufficient to meet the oapaciry originally requested by the customer,at the same rates as would have applied for fhe requested Container or Drop Box. Bisposal fees due on atternate-sized Drop Bozes. If the Contractor provides allemate-sized Drop Boxes,t6e customor is resQonsible for all applica6le disposa)fees resulting from the use of the alternate Drop Boxes. Rates on partla0y-fllled Containers andlor brop Bozes. Full pickup and rental rates apply regardless of the amount of waste material in the Conteiner or Drop Box at pickup time. Rntes 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. I,00se material dumped into ihe Contractor's packer truck is subject to the rates for non-compacted material evan though the material may be compacled later in the packer Vuck. Permanent and Temporary Service. The following rules apply: (a)If a customer requests a Container or Drop Box for less than 9U days,!he customer will be billed at Temporary Service rates. (b)ff 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 v�Zll be assessed from the 91 st day unti]the end of ihe period the customer retains the Container or Drop Box. (c)If a customer requesis a Container or Drop Box for mare than 9U days,the customer will be billed under perntanent 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 Iiem ZOS--Roll-Out Char e and Gate Char Charges for Carts and Contaioers The Contractor wili assess Roll-Out Charges where,due to cn•cumstances outside of the control of the driver,the driver is required to move the Cart or Conisiner mote than five(5)feet,but less than twenty-frve(25)fee�in order to reach the truck. The charge for this Roll-Out Charge is: S3•25 Per Cart or Containex,per pickup The Contractor will asaeas a Gate Char�where the driver is rec}uired to unloek a container,lockiz►g bar,enclosure or open a gate in order to access a Cart or Containes. The chazge faz this Gate Charge is: �Pe�'PickuP Comprehensive Solid Waste Collection Agreement,Exhibit C Page 13 30-Oct-IS page 15 tem 207 Item 207--E:eess Wel ht-- e eclion of Load Char to Trans art The Contractor reserves the righi to reject pickup of azry Detachable Container,stationary packer,ar Drop Bo�c which, uponreasonableinspection: (1)Appeazs tc�ba overloaded (2)Would cause applicahle ve3ucle l�d lunitafions to be exceeded; (3)Would cause the comparry to violate load limitaticrs or result in w�safe vehicle operatimt; (4 j Would negstively impact ar othetwise damage road swface urtegrity;and/or (5)Co�ains arrything tl�at appears not to be MSW rn�could do damage to the vehicle. For the pu�poses of this Appendix the following maximian weights apply. Type/Size of Marimum Weighi Coatainer,Drop Box, Allowanu per or Csut Receutscle(ie oouadal C�-is-64 Ciallon 12U lba Carts-96 C�allan 18016s Detachab3e Containers-1 to 8 cu yds 1,200 Ibs Drap Bmces-All Sizes 20,000 lbs Overfilled or overweight,charges If lraasported if the Cmrtaincr,Drop Box,or Cart exceeds the limits ststed a6ove,is filled beyond the marked fill Sine,or the top is unable to be closed,but the Contractor transpmts the materials,the following additional charges will apply. TyPe/Size of Container,Drop Bo:, or Cart Charee Carts-A11 Sizea ,�00 Per Pickup Detechable Coiriainer-1 to 8 cu yds �14.13 Per Yard Drop Boxes-All Sizes 14. 5 Per Yetd Compacted maeerisl S28�Oi Per Yerd Comprehensive Solid Waste Collection Agreement,Exhibit C Page 14 �'�-�5 Page i6 Item 210 I�jO--Washin and t�i�.ina 7]a�6able Containera and/or Drno Boxes L1pon custotner raq�st,the ContracCa will provida Kreshzng atzd senit'��servia at tha following retes: 5ae or Type ot Containar or Drno Bu= �tg Stemn Clesn'vig-Detachable Co�aimer $ 40.50 Steffin Cleening-Drop Box $ t00.50 Nots 1: Tha tate for washipg and sanitizi�g Detachable Coattainets and Drop Boxes includes the fee for deliverir�the newly cleanedDetachabte CoNainer or Drap Bax back to tlroe customet's location. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 15 30-Oci-15 Page 17 Item 230 Iiem 230—Disoosal Fees Charges in this item apply when otl�er items in this Appendix specifically refer to thie item. TYne nf Mater�al �ee forDiseosal 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,E�ibit C Page 16 30-Oct-1 i Page 18 Ite�n 240 Iiem 240--Commercia}Cart Service—Aum ed in C m a 's Vehicle Non-compacted Material Rstes stated per Commercia!Cart per month Service Area:City of Pasco Size or Tvae oTContainer Permaaent Servtce 64 Gal Cart 96 Gal Cart Pickup•One Time per Week $ 21.70 $ 40.15 Pickup-Two Times pes Week � 43.40 $ 80.30 5peciai Pickups $ 16.00 $ 20.27 Additional Pickup $ 5.00 $ 9.27 Retum Trip Charge $ 11.00 $ I 1.00 Restart Charge $ 43.40 $ 43.40 Tem�orar�•Service Delivery $ 11.00 $ 11.00 Pickup R.atc S 7.00 $ 12.97 Rent Per Calendar Day � 5.59 $ 5.50 Prepayment $ 35.0�3 $ 35.00 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: Perenanent Service:A Prepayment of_535.00 will be assessed to sll first time (new)Commercial Cuswmers.The Prepayment will be applied to the customei's account in the event of non-payment,after o�year of service,or be retiuned W the customer upon terininstion of the commercial service. Note 3: Special Pickup is the Each Addt'1 Picknp rate plus Item 70 Return Trip-Carts. Note 4: Restart subject to item 51-Restart Cherges Note 5: A Prepayment will be assessed on Temp�ary Service accounts as noted above. Accessorial CharQes 1�Ids.unioddaq�uniatchin�,etc] Note 6: A Gate Charge of 53.25 will be essessed on each pickup where the driver is requ'ued to unlock a container,locking bar,enclosure or open e gate in order to access a Cart or Contsiner. Note 7: A fteturn Trip Charge of ffi�1.UU will ba assessed w6en the company dnver u required to make a reUun 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 Coilection Agreement,Exhibit C Page 17 30-Oct-15 p�e �g Item 240 Item 2A0-Detschable Contsiner Service--Dumned ie Comaam�'s V ehicle{co�inued) Non-campacted Material Rates atated per Detachable Contaa�er,per month Service Area:City of Pasco SYze or Type of Container Permanent Service 1•5 Y� 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Pickup-One Time per Week $l 10.00 $130.00 $150.00 $]85.00 $ 235.00 $ 300.00 Pickup-Two Times per Week $2]2.00 S 250.00 $290.00 $365.00 $ 465.00 � 585.00 Pickup-Three Times per Week $320.Q0 $375.00 $43i.00 $540.00 $ 694.A0 � $80.� Pickup-Four Times per Week $425.00 $495.00 $570.00 $705.00 $ 910.00 $],150.00 Pickup-Five Tunes per Week $520.00 $61d.00 $705.00 $870.00 $ 1,140.00 S 7,425.00 SpecialPickups $ 47.24 $ 51.85 $ 56.47 $ 64.55 $ 76,08 $ 9t.04 Addidonal Picla�p $ 2539 $ 30.00 $ 34.62 S 42.70 $ 54.23 $ 69.24 Return Trip Charge $ 21.85 S 21.85 $ 21.55 $ 2].85 $ 21.85 � 21.85 Restart Charge $ 43.40 $ 43.40 $ 43.40 $ 43.40 $ 43.40 $ 43.40 Temporery Service Delivery #FN/A #N1A $ 21.85 $ 21.85 $ 21.85 $ 21.85 Pickup Rate #tI+I/A #N/A $ 55.25 $ 65.25 S 80.25 $ 100.25 ReTrt Per Calendar Day #N/A #�N/A $ 5.50 $ 5.50 $ 5.50 $ 5.50 Prepeyment #FN/A #N/A $125.00 $125.00 � 125.00 $ 125.00 Notel: Permaneni Service: Service is defined as no less than scheduled,every weekpickup. Customer wiil 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 Pickap is the Each Addt7 Pickup rete plus Item 70 Retum Trip-Container Nate 3: Resteri subjsct W Item SI-Restart C6arges Note 4: Pennanent Service:A Prepayment is equal to the first mond�'s cost of service,and will be assessed to all first time(new)Commercisl Customers.The prepayment will be applied to the customer's account in the event of nun-payment,after one year of service, or be retumed to the customr.x upon termination of the Commercia(Service. Please see Iums 240 and 255. Note 5: A Prepaymeui will be assessed on Temporarv Service socounts es noted above. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 18 30-Oct-15 Pege 20 te 4 Acceasorial Charee�llids.uniockine,untatchin¢.etc.) Note 6: A Gate Charge of$3,25 will be essessed on each pickup where the driver is required to wilock a container,loclang ber,enclosure or open a gate in order to eccess a Cart or Containa. Note 7: A Return Trip Charge of S21_85 will be assessed when ihe caanpamy driver is required to meke a return trip,that dots not require the spxial dispatch of a Uvck,to pick up a Container or meterial that wss unavailable for collection for reaso�under the control of the customer. Note 8: If cusiomer requires a LocWng Co�rtainer,a one tune fee of�95.00 will be assessed. Comprehensive Solid Waste Collection A�reement,E�chibit C Page 19 30.0ct-15 pege 2� Item 255 Iiem 255--Detachnble Container Service--Dumned in Com�anv's Vehicle Compacted Materiai Rates siatecl per Detachsble Container,per month Service Area:City of Pasco Size or Type of Contaitmr PermanentScrvice �Xard 3 Yard 4 Yard Yard Pickup-One Tune per Week $ 17035 $ 205.35 $ 250.35 $ 32535 Pickup-Two Times per Weck $ 340.70 $ 410.70 $ 500.70 $ 650.'70 Special Picla�ps $ 61.19 S b9.27 $ 79.67 $ 95.99 Additional Pickup $ 3934 $ 47.42 $ 57.82 $ 75.14 Return Trip Charge $ 21.85 $ 2l.85 $ 21.85 S 21.85 Restart Charge $ 43.40 $ 43.40 $ 43.40 $ 43.40 Note I: Pamanent Service: Service is defined as no less then scheduled,every week pickup, C1�stomer will be charged for service requested,even if fewer conteiners are serviced on e particular trip. No credit wilf be given far pariially-filled containers. Note 2: Specia!Pickup is the Each AddCl Pickup rate plus Item 70 Return Trip-Container. Note 3: Restart subject to Item 51-Restart Charge. Note 4: Peimanent Servicc:A Prepayment is equal io tt�e fvst month's cost of service,and will he assessed to all first time(new)Commerciel Customeis.The prepayment u ill be applied to the customer's account in tha event of non-payment,e#'ter one year of service, or be retumed to the customer upon teimination of the Commercial Serv ice. Please see Items 240 and 255. Accessorial char¢es assessed(lids.unlockina.�mlatc�ii.ree.etc.l Note 5: A Gate Cl�rge of S'3.25 will be assessed on each pickup where the driver is required to unlock e emrisiner,locking bar,enclos�ue or open e gete in order to access a Cart or Conta�er. Note 6: A Reiuro Trip Charge nC$21.85 wil!be assessed when the compm�y driver is required to make a retum trip,thet does not require the special dispatch of a Uvck,to pick up a Cart or Container or material that was unsvailable for collection for reasons under the cnntrnl nf thr c:��slnmer Note 7: A DisconrcecY/Reconnect Fee of$315 per pickup will be assessed k•hen Containers aze attached to a compactor that requires disamnecting or reconnectir�g. Comprehensive Solid Waste Collection Agreement,Exlubit C Page 20 30.4ct-]5 Page 22 tem 260 Item 26i)-Dron Box Service-To Disoaeal Site and Retqrn Non-C�pected Muterial Rates stated per Drop Bos,per pickup Sarvice Area:City of Pasco Size or Type of Contsieer Permaaent Sorvice 11 Yard/15 Yard ZO Ysrd 30 Yard 40 Y�d 50 Yard Deli�ery Chaxge $ 55.00 $ 55.00 $ 55.04 $ 55.G0 $ 55.00 Haul Char�e $ 140.W $ 145.00 S I50.00 $ 160.00 $170.00 Trip Charge S 55_00 S 55.00 $ 55.00 S 55.00 $ 55.00 Minimum Manthly Ctmrge $ 1A0.00 S 14i.00 � 150.00 $ 160.00 $1�0.00 Prepayment $ 250.00 $ 250.00 $ 250.00 $ 250.00 $250.00 Restert Charge S 43.40 $ 43.40 $ 43.40 S 43.40 $ 43.40 Tempo�ary Service Delivery Ci�e $ 55.00 S SS.Otl $ SS.W $ 55.00 $ SS.OtJ Haul Charge $ 140.25 $ 145.25 $ 150.25 $ 160.25 $170.25 Trip Chazge $ 55.00 $ 55.00 $ 55.00 $ 55.00 $ 55.00 Daily Rental Charge $ 7.50 $ 7.50 $ 7.50 $ 7.50 $ 7.50 Prepaymcat $ 250.Q0 $ 250.00 $ 250.40 $ 250.00 $250.00 Note i: ltates in this item sre subjact to Disposal Fees named in Item 230. Note 2: Temporazy Service:meax�providing Drap Box serviae at�e c�tomei's requast,for a period of ninety daya c�lesa. Permanerrt Scrvice:means Drop Baoc service provided at custome�'s requeat for mare than 90 days. t3ote 3: For Paimanent Service accounta,if a Drap Box is ietained by a c�tomer for a full month and rw pickups ane ordered,a Minimem lYlontiJy C6arge will be asaessed Note 4: Reatart subjact to Item 51-Resfaart C6arge-Dmp Box. Note 5: Retes nemed in thia item agply far all hauls within die City Limits of Pasco,to the disposal site.Airy miles driven outside the City limits of Pasco will be chatged Par at��per ari1e. Mileage Charge is in addition to all regalaz chacges. N�e 6: A PrepAyment will be asaessed on Tempcxary Savica accour6s es noted above. Acoa�sorial charees aase�eed(lids,unbckinp,�gla�� �,etc.) Note 7: A Gate C6arge of .2�i will be assessed on each pickup where the driver is reqitired io unlock a container,locking bar,enclosire ar open a gate in order to accesa a Cart or Cot�taitter. ��e g; A Trip Cha�ge of S 45,�Q�will be asseased when the company driver mekes a irip to the c�tamets loaation,b�due to reasons under the control of the customer,was not able to camplate tha haul. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 2 i sao�as r�e z3 Item 270 Item 27U—Droa Box Service--To Aisoo�al Site and Return Compacted Material Rstes stated per Drop Boz,per pickup Service Area:City of Pesw Si:e or Type of Con�inor Permanent Service 15 Yd 20 Yd 20 Yd 30 Xd/35 Yd 40 d Delivery Charge $ 55.00 $ 55.00 $ 55.00 $ 55.00 $ 55.00 Haul Charge $1 b5.00 S 165.00 $I 65.OD $ 165.00 $ ]65.00 Trip Charge $ 55.00 $ 55.00 � 55.00 $ 55.00 $ SS.OU Prepayment $250.00 $250.00 $250.00 $ 250.00 � 250.00 Restart Charge $ 43.40 $ 43.40 $ 43.40 $ 43.40 $ 43.40 Note 1: Ratas in this item ara subject to Dlsposal Feea nsmed in Itsxn 230. Note 2: If a Drop Box is retained by a customer for a full month and no pickups are ordered, and the Drop Bcix is owned by the Contractor,a Monthly Charge will be assessed. Nate 3: Restart subject to Item 51-Reetart Charge-Drop Box Note 4: �tas named in ihis item apply for all hauls within the City Limits of Pascq to Ihe disposal aite. Any miles driven outside the City limits of Pesco will be chazged for al�per mile. Mileage C6arge ia in addition to all regulaz charges. Accessorlal ebarees asaessed(lids,�unlockine,unEatcUine,etc.l 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 ar apen a gate in arder to ac��s a Cart ar Contauier. Note 6: A Compactnr DlsconnecUReconn¢ct Charge of�3;�er haul will be assessad when Drop Boxas with compactors requite cmu�ecting or disconnecting. Note?: A Turn Aroond Cliarge of S30 O,,,Q,per haul will be assessed when company driver has to Gun the Drop Hox around in order to empty and/or recorniect the Drop Box Note 8� A Trip Charge of S55_00 will be asaessed whan U�e ccunpany driver makea e trip to the customer's location,but due to reasoa►s under the co�ol oF tha customer, wes not able to complete the hau1. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 22 Exhi�bit D WACOD Adjustment Formala The following definitions ap�ly to the calculation of the WACOD Adjustment: If the following is true: Change in Volurne =(TONSCp-TONSBP)lTONSBP?=S% Then,the following calculation shall be made by the Contractor: WAC�D Adjustment=WACOD Expense X WACUD Change The following definitions shali apply to the above formulas: � WACOD Expense = the proportion of approved rates attributable to gross Solid Waste disposal expense, hereby fixed at °10. • WACOD Change=(WACOD�P-WACODBP)lWACODBp • WACODBp = MSW�p X TONSMS�_��+ RCYB� X TONSR��_�� + GRNBP X TONS�RN- BP � WAC4DC�= MSW�P X TONSMsw-cP + RCYCp X TONSRcv-cP + GRN�p X TONScnN- City Pianner • TONSBp=TONSMSW-Bp+TONSRCy_Bp+ TONSG�N-BP • TONS�p=TONSMSW�p+ TONSRCy�p+TONSGR�v-cP ! MSWBp= Contractor's disposal rate for Solid Waste during the Base Period • TONSM�W_Bp=Volume of Solid Waste collected during the Base Period � RCYBP=Contractor's processing rate for Recyclable Materials during the Base Period • TONSR�_BP=Volume of Recyclable Materials processed during the Base Period � GRN$P-Contractor's processing rate for Green Waste during the Base Period � TONS��v_BP=Volume of Green Waste processed during the Base Period � • MSW�p= Contractor's disposal ra#e for Solid Waste during the Comparison Period +� TONS�sv�,.�p=Volume of Solid Waste collected during the Comparison Period e RCYCp=Contractor's processing rate for Recyclable Materials during the Comparison Period � TONSR�Y�p = Volume of Recyclable Materials processed during the Comparison Period � GRN�P=Contractor's processing rate for Yard Waste during the Comparison Period � TUNSG�_CP= Volume of Yaxd 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.: TONSR�y_Bp= TONSG�N_gp=O Comprehensive Solid Waste Collection Ageement,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— � 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,Eachibit 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 Gontainers 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 1,5U0 tons (Base Tonnage) in any calendar year. See section 5.4 of the contract for more details. The eligible Solid Waste Service locaYions within the City are as follows: (1) The City Shop(s) 1025 South Grey, Pasco, WA 99301 (2) The City Yard(s}Rd I08 and Crescent, Pasco,WA 99301 Comprehensive Solid Waste Collection Agreement,Elchibit E Page 1 Exhibit F Fuel Surcharge City af Pasco 1 Base�uel Expense Base Fuel Expense = 5.87% Faxed 2 Percentage Increase in Cast of Fuel Current Fuel Price $3.79 Variable Minus Base Fuel Price - $ 3.79 Fixed Equals Fuel Price Difference = $ - Variable Divided By Base Fuel Price(Line b) — $ 3.79 Fixed Equals Fuel Percent Change = 0.00% Variable Fuel Surcharge 3 Calculation Base Fuel Expense(Line 1) 5.87% Multiplied By Percent Change in Fuel Price x - Fuel Surchar�e O.UO% Gomprehensive Solid Waste Collection Agreement,Exhibit F Page l Exhibit G Curbside Recyciing Provisions (Page inten�ionally left blank) Comprehensive Solid Waste Collection Agreement,Exhibit G Page l Exhibit H Green Waste Recycling Provisions (Page intentionally left blank) Comprehensive Solid Waste Collection Agreement,Exhibit H Page 1 Exhibit I Electronic Wxste Collection Provisions (E-W aste) (Page intentionally left blank) Comprehensive Solid Waste Collection Agreement,E�ibit I Page 1 �'c��r�xaC July 21,2022 �teve Worley Public Works Director 525 N 3rd Ave 2nd Floor Pasco, WA 99301 Dear Mr. Worley: I hope this letter finds you in good health and spirits. It is time for the annual rate adjustment based an the (Consumer Price lndex) CPI. Please consider this letter as a notification of the proposed CPI adjustment scheduled for January 1,2023. The contract specifies an Annual Rate Adjustment tied to the CPI {section 6.3.1 on page 20 of the Comprehensive Solid Waste Cofiection Agreement), 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 8.5%; the adjustment factor is 5.8% (8.5%x.80=6.8%}to be applied to all rates defined in the contract. I am enctosing a copy of Exhibit C proposed rates along with a capy of#he CPI sheet. We are most willing to meet with you for conversation on the topic of the rate adjustment and any other salid 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 questinns. I would also tike t�take the opportunity to thank you and the City Counc3l of Pasco for allowing us ta serve the Pasco City Residents. Sincerely, Francisco Alcala Sr. Financial Analyst Basin Disposal, Inc. Enclosures BASIN DISP85AL,ItVC. ■� 2U21 N CornmarUal dve.Posce,b'JA 993d1 • PO Sox 385Q,Pasro,WA 993b2-3850 . . BASINdISP05AL.Ci�l�� 77fA122,9:40 AM Bureau of Labor S1aUslics Dals � �,s.au o� F LAgoR srnr�sr�cs Databases,Tables & Calculators by Subject Change Output Optio�s: From: 2012� To: 2022� ii+ Dincludegraphs�indudeannualaverages ���������0���"'�' Data e�racted on:July 14,2022(12:38:40 PMJ CPI for Alt Ur6an Consumers(CP!-U) 5eriesid: CUURN40DSAD Not Seasonally Adjusted Series Title: Alt items in West-Size Class 6JC,all urban consumers,not seasonally adjusted Area: West-Size Class B/C item: All items Base Period: DECEM$ER 1996=100 oown(oad:��x�x �Year� Jan � Feb Mar ` Apr � May Jun� Jul Aug j Sep �; Od Nov�r Oec Annua[�HAlF1 HALF2 � � . � . - �....; I 2012',138 465�138.997,140.235 140.619 140.834 i 1A0.375�139.645�139971 140.600 140.847 14D_287(139.168 I 140.654;139.921 140.186� �2013 139 865 141072 1415?3'141788 141.838 � � � 14L905 i 141.940;142�28�142.2i7 id1.954�141736,141751�141.652 141.324 141.981 R I - - � _ .. . _ . .. : �'2014 1419s8 142120�142 813 143.077 I 144.253'144.522 149.435 j 144.317 144.506 144.214 143 398 t 142 669 i 143.527!143.730 143.923 I ,_ __--- 2015�142.022�143 005€143.887 144A26 j 145.346 145.198 144 917;144 752;144.507�144.379 143.595 143 398'r 144.119 143.981 144.258 2016 I 143.932 1�128 i 144.264 145.128 I 145.942 i45.866 145.859 i 145 829�146.130 146.328 146.004�145 918 I 145.443 144.877 14b.010� - ` _ ' _. , --• - 2017;146.469 147 451 147.880'148.496 148 789'148.792 148 691 149.255�149.954 150.336 150 003'149.920 148.836.147 980 145,693� 201�8(150.569 1512D0 151.702�152.350 1,53 207.�153.546 153 464�153.797'154.158�154 729{154 625�154.228 153130 152 094 154.1671 '��201y I 154.3Z8 i 154.671�155�178�15fi.523:157 488,.15T.564;�157 465 157.654 157.738�159 635�158 482 j 158.49fi�157 019�155 959�1589781 �202D�158.599 I 159.183 159.129�156 824 158.301 I 158.857�159.7521 1b0.528 160.846 161.141�161.069�160.840�159 756 158 816 160.696� , _._..._... 2021 161199�162.042 163.257�]65.088�166.813 U;4.� 169.26T�169.47T 169.977 lTi.226 1T2.214 j 172.722�167.642 164 471 2?0.814� _--I----- ;2D22f174_269I175.890 178.019�I79.339I180.810;t3�..'401_ �. ----- �_ 1_ � 178.520 ; 12-Month Percent Change SeYEes ld: CUURN4005A0 Not Seasonally Adjusted Series Title: All items in West-Size Class 6/C,all urban consumers,notseasonally adjusted Area: West-SizeClassBJC ltem: All items Base Period: DECEMBER 1996=300 Download:Q�.zisx Year Jan�Feb I Mar i Ap�May�Jun:;Jul;Aug Sep Oct�Nov i Dec!Annual�HAtF1�;HALFz( _..__..:__ . . . ..F �-�_ .-- .. �.� __; _�...,._ 2.0 .. .1.3� 2a12 2.6 2.3', 22 1.8, 16 1.5, 1.1 1.3: 1.5 1.6 1.4 13; 1.7I, 2013' 10 1.5 10; 0-B__� ,_ 1.3� � 0 7� 1.0 1.6 1 6 1.2 0.8 1.0 1 4� 1.1 1.� 201d� 15 0.7 09, 0.9f 17I 1.9 1.8 15f l.b 1.6 1.2 0.6� 13� 13 1.4� 20i5I^00, O;B 0.8I 0.9t Q8� OS4D�3 03� 0.0 O1 0.1i 0.5' 0.4� 0.6� 0.2 20i61 13 0.6 03 0.5+ 04; 0.5 0.6 0,71 1.1 1.3t 1.7 1.81 0.9' D.6� 1.2 2017i 1.8 23 25 23' 20� 2.0� 1.9� 2.3 2.6 2Ti 2.7 2.7I 23i 21 2.SI __� { _ 1018 2.8 2.5 26 26� 3.O-}I-3.2 3.2 301 2.8 29 'd.l �9, 29; 28 �.ci� -- ---- ...�___-� �__�---! +-F---.. 25� 25 2.5 �.Z019 2.5 2.3 23 27 2.8 2.6 2.6 25'- 23 25 2.5 26 2020 8 29�_2S 1.5' a.5 0.8 1.5 1.8 2.0 1.6? 1.6 1Si 1.7: 1.8 _�_1.7 2021 1.6 1.8 2.6 3.9' S.4 6.0 6.0 5.6� 5.7, 6.3� 6.9; 7.4� 4.9 3.6 63' . __. , . .__ . ... _... .. 2022 8.1..._8.5 9.Q B.6' 8.4 _9 i ,^---.�- -'-.-`-- -- 8.5 U.S.BUREAU OF LABOR STATI5fIC5 Postal Square Building 2 Massachusetts Avenue NE Washington,DC 2D212-0001 Telephone;1-202-b�i-5200_Telecommunications Relay Service:7-1-i_www•bls•ggy Contact Us btlps;lfdata.bls.govlpdqlSurveyOulputSeMet 117 EXHlBIT C RATE SCHEDULE EFFECTI VE DATES 09/09/2023 through 92/31/2023 lr7c��x c�f It�rns Item 5—Application of Rates—Taxes........................................................................................ 1 Item 40—Material Requiring Special Equipment, Precautions, or Disposaf................................ 1 Item 45—Materiaf Requiring Special Testing and/or Anafysis.................................................... 1 Item 50—Retumed Check Charges........................................................................................... 1 Item51 —Restart Fees............................................................................................................... 2 Item 53—Customer Prepayments.............................................................................................. 2 Item70—Return Trips............................................................................................................... 3 ItemSO—Carryout Service ........................................................................................................ 3 Item 100 Residential Monthly Rates........................................................................................4 Chargesand Rates................................................................................................................. 4 Item 150—Units, Loose, and/or Bulky Material.......................................................................... 7 Item160 Time Rates............................................................................................................... 8 AppiyingTime Rates .............................................................................................................. 8 Recording and Charging Rates............................................................................................... 8 AdditionalDispasal Fees........................................................................................................ 8 Item 200--Application of Container and/or Drop Box Rates—General...................................... 9 Availability.............................................................................................................................. 9 Aiternate-Sized Containers and/or Drop Box Containers........................................................ 9 Disposal Fees for Alternate-Sized Drop Box Containers......................................................... 9 Rates for Partially Filled Containers and/or Drop Box Containers........................................... 9 Rates for Compacted Materials.............................................................................................. 9 Ratesfor Lonse Material ........................................................................................................ 9 Permanent and Temporary Service........................................................................................ 9 ftem 205—Rolt-Out Charges and Gate Charges—Carts and Detachable Containers...............10 Charges for Carts and Containers.........................................................................................10 Item 207—Excess Weight—Rejection of Load, Charges to Transport......................................10 WeightLimits.........................................................................................................................�0 Transparting Ove�lled or Overweight Cart, Container, or Drop Box......................................11 Item 210—Washing and Sanitizing Carts, Containers, and Drop Boxes...................................11 Item230—Disposal Fees .........................................................................................................12 Item 240—Container Service—Non-Compacted—Company-Owned.......................................13 Non-Compacted Company-Owned Commercial Cart............................................................13 Exhibit C, Effecfive 01-01-2022 through 12-31-�022 Page 1 of 2 Permanent Service Rates for the City of Pasco .................................................................13 Temporary Service Rates......................................................................................................13 AccessorialCi�arges..............................................................................................................13 Non-Compacted Company-Owned Commercial Container....................................................14 PermanentService Rates..................................................................................................14 SpecialPickup Rates.............................................................................................................15 TemporaryService Rates......................................................................................................15 AccessorialCharges..............................................................................................................15 Item 255—Container Service—Compacted—Customer-Owned..............................................16 PermanentService Rates......................................................................................................16 AccessorialCharges..............................................................................................................17 Item 260—Drop Box Service—Non-Campacted —Company-Owned.......................................17 Permanent Service Rates for C�ty of Pasco...........................................................................17 TemporaryService Rates......................................................................................................18 AccessorialCharges..............................................................................................................18 Item 270—Drop Box Service—Compacted—Customer-Owned...............................................19 PermanentSenrice Rates......................................................................................................19 AccessorialGharges..............................................................................................................19 Item 300—List of Abbreviations and Symbols Used in this Exhibit C (N).................................20 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 2 of 2 Item S�A� !p ication of Rates — Taxes Taxing Tax Description Amount of Tax Application (Commodities) � Entity City of Pasco ' Pasco Utility Tax 8.50% Applicable Customers—Revenue State of z I WA Solid Waste Tax 3.60% Applicable Customers—Revenue Washington Notes: 1} The City of Pasco Utility Tax af 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 Exhibi#C. Item 40 — Material Re�uirinq S�ecial E�ui�pment. Precautions. or Disr�osal Transportation of solid waste requiring special equipment or precautions in handling or disposal will be subject to Time Rates named in kt�r� �6�—"a ir���� �t�,es, or to other speciftc 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. ltem 45 — Material Re uirin S ecial Testin and/or Anal sis When the Contractor or disposal facility cletermines testing and/or analysis of solid waste is required to determine whether dangerous or prohibited substances are present, the actual cost for such tes#ing 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 casts will be passed through to the Customer. ftem 50 — Returned Check_C�arqes If a Customer pays with a check and the Customer's bank refuses to honor that ch�ck, the Customer will be assessed a returned check charge in the amount of$42.21. Exhibit C, Effective 01-01-2023 through 12-31-2023 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 Redelivery Restart Fee Total Component Component Restart Fee Cart: A restart fee will be assessed to Cart Customers whose service is $13.28 $52.34 $65.E2 suspended with Cart removed for non-payment' Container: A restart fee will be assessed to Container Customers whose service is �26.36 $52.34 $'78.70 suspended with the Container remo�ed for non-payment ' Drop Box Container: A restart fee will be assessed to Drop Box Container Customers whose service is suspended $66.35 $52.34 $118.69 with the Drop Box Container removed for non-payment' Drop Box Cornpactor: A restart fee will be assessed to Drop Box Compactor N/A $52.34 $52.34 Customers whose service is suspended for non-payment 2 Notes: 1) Resta�t fee includes cost of delivery. 2) Restart fee excludes the cost of delivery for both Drop Box Compac#or Containers and small Container Compactors. Item 53 — Customer Pre�a�m�nts A prepayment ofi$35.�0 will be assessed to all first time (new) Residential Customers. The prepayment will be applied to the Customer's account in the event af non-payment, after one year of service, or be returned to the Customer upon#ermination of the residential service. See Item 100— Residential Monthl�_Rates. A prepayment equal#o the first month's cost of service wi[I be assessed ta 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-Com�acted —Com�an�- Owned and Item 255,-Container_Ser�ice—Com�acfed—Customer-�wneci. A prepayment of$250.00 will be assessed to first time {new) Drop Bnx Customers. The prepayment wifl be appiied to the Customer's account in the event of non-payment, after one Exhibit C, Effective 01-01-2023 through 12-31-2023 Page 2 of 20 year of service, or be returned to the Customer upon termination of the Drop Box service. See and �� . A prepaymen#wi(I 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 and _��.�L��___� ____ ��; _ _�__P—�LLM� :k-v eik.:u ltem 70 — Return Tri�s When the Contractor is required to make a return trip that does not require the special dispatch of a truck, to pick up materiaf that was unavaifable for collection for reasons under the control of the Customer, or if the Customer requests to have a Cart, Con#ainer, or Drop Box Container moved or relocated, the follnwing additional charges, per pickup, will apply� Type of Cnntainer Rate Residential/Commercial Cart(64-Gallon and 96-Gallon} ' ' $13.28 Detachable Container' $26.36 Drop Box Container ' $66.35 Note: 1) Return trips requiring special dispatch of a truck are considered special pickups. See _ , --- tiUdli�a,�aFt�-� , n c.�,.1 ---�. �-- �c'I'dVC�— �ur�u�d��cu— � .-v. , Item 260–�r��_� �ervice– No�y-����,�.,acted–Coma�anV-Owned, and Item 270–Dro�Box Service–Camnacted –Custpmer-Owned. Item 80 — Carryout_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, nr other point where the Contractor's vehicle can be driven to within five feet of the Carts and/or Units using improved access r�ads cammon(y available for public use. Driveways are not considered improved access roads commonty available for public use. �� Rafe Charge for Carryout 5ervice ' Residential/Commercia! Per Unit, Per Pick Up Carts/Units that must be carried out over 5 feet but not over 25 $3 92 feet Exhibit C, Effective 01-01-2023 through 12-3�-2023 Page 3 nf 20 � - - - Rate Charge for Carryout Service ' Residentiai/Commercia! Per Unit, Per Pick Up For each additional 25 feet, or fraction of 25 feet, add $3.92 Note: 1) Carryout service is provided to disabled Residential Customers free of charge. Item 1�0 — Residential Monthl Rates Nurnber of Units �'requency Garbage Recycle Green Waste or Type of Residential Carts �� Service Service Service Service Rate Rate Rate (1) 64-Ga11on Residential Car# �G $11.99 N/A N/A (Senior/Low Income) Only (1) 96-Gallon Residential Cart' WG $24.02 N/A N/A (1) Multi FamilylDuplex 96-Gallon W� $24.02 N/A � NIA Residential Cart ' Each Additional 96-Gallon Residential WG $2.47 N!A N/A Cart' , Frequency of Service Codes: WG=Weekly Garhage; N/.4=Service is noi currenfly 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 th� 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 Iterr� 150— Units„_Loose�and!ar- Bulky Material. Charges and Rates Type of Charge Rate Prepayment ' $35.00 Restart Charge z $52.34 Additional Pickup 64Gallon 4 (SeniorlLow Incnme/Disabled only) $2.77 Additional Pickup 96-Gallon 4 $5.55 Special Pickup 64Gallon 4 (Senior/Low Income) $16`05� Exhibit C, Effective 01-01-2023 through 12-31-2023 Page 4 of 20 � Type of Charge Rate Special Pickup 96-Gallon 4 $18.83 Return Trip Charge 5 $13.28 Returned Check Charge 6 $42.21 Carryout Service' (per Cart, per pick up, up to 25 feet) $3.92 Replacement Cart Gharge g $100,46 Freon Discharge Fee (appliances containing freon) e $69.40 Passenger Tire Charge10 Item 150 Passenger Tire with Rim Charge10 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. 5ee Item 53—Custamer Pre�ac�aner�ts. 2) A restart charge of$65.62 will be assessed on afl Residential Cus#omers whose service is discontinued for non-payment and who subsequently reinstate services. See Item 51 —Restart Fe�s. 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 Was#e not provided in this manner for collection shall be subject to the SoEid Waste Unit rates set forth on I��m 150—Units. �,00se,. andls�r Bulk� i�aterial. 4) A special pickup is the total of each additional pickup rate plus ltem 70—Return Trips. Additionai pickup is calculated by taking weekly service and dividing by 4.33. 5) If the Cus#omer requests the Contractor to make a return trip due to no fault of Contractor, Gantractor shall be permitted ta charge the Customer a return trip charge. See Item 70—Retum Tri�s. 6) If a Customer pays with a check and the Customer's bank refuses#o honor that check, the Customer will be assessed a returned check charge. See Item 50—Returned Check C�__ ar�es. 7) Additional charges will apply when Customers request that Contractor provide carryout services. See ftem 80 —Carr���t Service. 8) If a particular Custamer repeatedly damages a Residential Cart ar requests more than one replacement Residential Cart during the term of the Contract due solely to that Customer's negligence or intentianal misuse, the Contractor may charge the Customer a replacement cart charge. If Customer does not refurn the Residential Cart upon Exhibit C, Effective 01-01-2023 through 12-31-2023 Page 5 of 20 termination, or service is snut 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 _ -- - f - —�- 10)A Residential Customer is entitled to have four passenger tires collected and disposed of from the Residen#ia! Customer's pri�ate automobile only. In the event Contractor believes that a Residential Custamer is attemp#ing to dispose of quantities of passenger tires more than what a typical Residential Customer would generate, Contractor shall require Customerto pay rates provisioned in ltern 15�i____ ____ :� M�t�;rial. Residential service does not include the collection and disposal of truck, semi or tractor tires. Exhibit C, Effective 01-01-2023 through 12-31-2023 Page 6 of 20 i#em_150_- Units, Loose, andlor Bulk�Materiai Rate Minimum Charge Per Description Pickup Residential Commercial Rate Per Residenttal Commercial Solid Waste $1.94 $4.93 unit $1.94 $4.93 Unit � Bufky Materials �,3 $9.00 $18.43 cubic yard $9.00 $18.43 Appliances withoutfreon, $0.00 $�6.56 item N/A $16.56 furniture Items" Freon 4 $69.40 $90.53 item $69.4� $90.53 Discharge Fee Passenger $4.44 $5.80 item $4.44 $5.80 Tires Passenger Tires with Rims $8.25 $10.77 item $8.25 $10.77 5 Truck Tires $5.71 $7.45 item $5.71 $7.4� Truck Tires with $� �2 $12.42 item $9.52 $12.42 Rims Semi Tires $12.64 $16.48 i#em $12.64 $16.48 Semi Tires with $16.45 $21.45 item $16.45 $21.45 Rirr�s Notes: 1) Solid waste units and bulky materials charges for Residential Customers only appiy when items are not properly contained for collection as defined in the relevant section of the Agreement. 5es Notes 2 and 3 for definition of sizes and containment of solid waste units and bulky materi�l. 2} A solid waste unit is defined in the Comprehensive Solid Waste Agreement, but generalfy means any individual receptacle, can, plastic bag, cart, box, carton, or other container that does nnt hold mnre 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 laose, uncontained materials). Individual items shall not exceed finro feet by two feet by five feet(2'x 2'x 5') in dimension, and not weigh more than 65 pounds. Exhibit C, Effective 01-01-2023 through 92-31-2023 Page 7 of 20 4) Residential Customers may dispose of refrigera#ors, freezers, or other appiiances 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 ce�tification of professional evacuation of such freon components. 5) fn the event Contractor believes that a Residential Customer is attempting to dispose of quantities nf passenger tires more than what a typical Residential Customer wauld generate, Contrac#or shall require Customer to pay rates prowisioned in Iten� 'l50-- U�;its Lo�,��._�;'�.�-or Bulk,� M_�t�n�ll. ltem �60 -- Time Rates Type of Equipment Rate Per Hour ordered Truck and Driver Each Extra Person Minimum Charge Single rear drive axle $74.99 $57.3Q $57.30 Tandem rear drive axle $114.60 $57.30 $57.30 Applying Time Rates Time Rates named in this item apply in the following situations: a) Material must be taken to a special site#or 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. Actua! waiting time or time taken in returning to the site will be charged for. c) Customer arders a single, special, or emergency pickup, or when other items in this Exhibit C refer to tl Reccrding and Charging Rates Time must be recorded and charged to the nearest increment of�5 minutes. Time rates apply for the period from the time#he 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#he campany and not in the control of the Customer. Examples include work breaks, breakdown of equipment, and similar occurrences. Ad�itiot�af Disposal Fe�s Disposal site or facility use may apply additionat fees as described in _ � 230— Dis�osal �ees in addition to time rates. Exhibit C, Effective 01-01-2023 through 12-31-2023 Page 8 of 20 Item 200 —A lication of Container and/or Dro Box Rates — General Availability Contractor must maintain a supply of a[I 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/ar Drap Box Cantainers If fhe Contractor cannot pro�ide 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 Aiternate-Sized Drop Bax Cantainers If the Contractor provides alternate-sized Drop Box Containers, the Customer is responsible for all applicab[e disposal fees resulting from the use of the alternate Drop Box Containers. Rates for Partially Filled Containers andl�r Drop Box Containers Full pickup and rental rates apply regardless of the amount of waste materlal 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 far 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. Perman�;nt and Tempo�-ary Se�vi�e The following rules appEy: a) tf 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 notifes 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 rebifl the Customer at temporary service rates. The intent of the Customer at the time service was requested applies. Exhibit C, Effective 01-01-ZQ23 through 12-31-2023 Page 9 of 20 Item 205 — Rol�-Out Char es and Gate Char es — Carts and Detachable Containers ,�fS The Contractor wili assess rol!-out charges where, due to circumstances outside of the control of the Contractor, the Contractor is required to move the Cart or Container mare than ten (10) feet, but less than twenty (20)fee#, 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 unlflck an enclosure, or open a gate to access a Cart or Container. i Charge Type Rate Unit ' Roll-Out Cart $3.92 per Cart, per pickup Rotl-Out Container $3.92 per Container, per pickup Gate Charge $3.92 per pickup Item 207 -- Excess Weic�ht— Reiection of Loada Charctes to Trans�aort 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#o violate load limitations or result in unsafe vehicle operation. 4) Would negatively impact or otherwise damage road surface integrity. 5) Contains anything that appears no#to be Municipal Solid Waste (MSV1� or could do damags to the vehicle. For the purposes of this Exhibit C, the folEowing maximum weights apply� Exhibit C, Effective 01-01-2023 through 12-31-2023 Page 10 of 20 Type/Size of Container, Drop Box, or Maximum Weighfi Allowance per Receptacle Cart (in pounds) Carks—64-Gallon 120 pounds Carts—96-Gallon 180 pounds Detachable Containers— 1.5 to 8 cu yds 1,200 paunds Drop Boxes—All SEzes 20,000 pounds Transporti��g Overf:flrc� or Overweight Cart; Container, or Drc�p �ox If the Cart, Container, or Drop Box Container exceeds the limits stated above, is filled beyond ti�e marked fill line, or the top is unable to be closed, but the Contractor transports the materials, the following additional charges wili apply. TypelSize of Container, Drap Box, or Cart Charge Unit Carts—All Sizes $6.22 per pickup Detachable Non-Compact Containers— '[.5 to 8 cu yds $18.43 per yard Detachable Compact Containers— 1.5 to 8 cu yds $36.85 per yard Drop Box Containers—All Sizes ' $27.70 per hau! (C) Note: 1} If a Drop Box Container is hauled and the weight exceeds the legal limit iden#ified in � � __ �_�._ , c_, _____� , the�ontractor will assess an additional charge per ton for any weight over the limit, See ; Item 210 — Washin� and Sanitizinc� Carts. Containers, and Dro� Boxes Upon Customer request, the Contractor will provide washing and sanitizing service at the following rates: . - --�__ �=_m,.�..-s_� Exhibit C, Effecti�e 09-01-2023 through 12-31-2023 Page 11 of 20 Delivery Fee Steam Clean Total Size or Type af Container or Drop Box Component Component Stearn Clean Charge Steam Cleaning— Residential Cart Z ftern 1 a� Item 100 Item �i 00 Steam Cleaning-� Detachab(e Container ' $26.36 $22.50 $48.86 Steam Cleaning —Drop Box ' $66.35 $54.88 $121.23 Note: 1) At Customer request, Contractor shall clean Detachable Containers and Drop Box Containers at no additional cost, nat more often than ance per year. If Customer requests#o have Detachable Container or Drop Box Container cleaned more often#han once per year, 1#�m_2 _ nc; . _ �rts c. �� rates will apply. The rate for washing and sanitiz'sng Detachable Containers and Drop Box Containers includes the fee for detivering the newly cleaned Detachabte Container or Drop Box Container back to the Customer's location. 2) See ttem 10D—Residential Monthl� Rates. Item 230 — Disvosal 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 $63.87 Green Waste 3 N/A Commingled Recycle 3 N!A Notes: 1) The disposal fee includes the Pasco Utility Tax of 8.5% 2) Disposal fees for MSW apply to Item 207—Excess Weiqht— Reiection of Load Charges to Trans�ort, Item 2fi0—Dro Box Service— Non-Comc�acted—Com�aan�-0wned, Iterr� 270—�ro� Box Service—Compacted—Custom�r-Owned, and possibly Item 15�—Units, Laose, andlor Bulkv Material, if the material can reasonably be weighed. 3) Disposal fees for Green Waste and Commingled Recycle materials are only applicabls 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 01-01-2023 through 12-31-2023 Page 12 nf 20 Item 240 — Container Service — Non-Com�acted — Com�an�-�wned Non-Compacted Company-0wned Commercia! Cart Permanent Service Rates for the Gity of Pasco Permanent Service '�2�3 64-Gallon Cart 9fi-Gafton Cart 300-Gallon i Container(N) Pickup-one time per week $28.25 $52.27 N/A Pickup-fin+o times per week $56.50 $104.54 N/A Specia/Pickups 4 $19.80 $25.35 N/A Additional Pickup 4 $6.52 $12.07 N/A Retum Trip Charge 6 $13.28 $13.28 N/A Restart Charge s $118.69 $52.34 N/A Prepayment' $250.00 $250.00 N/A Temqor�ry S�rvice Rates , � 300-Gallon Temporary Service 64-Gallan Cart 96-Gallon Cart i Container(N) Delivery $13.28 $13.28 $26,36 Per Pick Up Rate $9.12 $16.90 $59.43 Rent Per Calendar Day $6.95 $6.95 $6.95 Prepayment e $125.00 $925.00 $125.00 Accessor�a! 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 Ite�rn ZQ� ..RoII,.�Jui Char�7E'S �nci Gate Ch�rc��s ._Car-ts and Qet<�chab[e.Con#ainers. b) Additional charges will apply when a Customer requests that Contractor provide Carryout Service. See k�►n 8C - Carr,out�:: _, �c�. Notes: 1} Rates are stated per Commercial Cart, per manth. 2) Permanent service is defined as no less than scheduled, every week pickup. Customer will be charged far service requested, even if fewer Containers are serviced on a particular trip. No credit will be given for partially filled Containers. Exhibit C, Effective 01-01-2Q23 through 12-31-2023 Page 13 of 20 3) Permanent Service: A prepayment wili be assessed to all first time (new} Commercial Customers. The prepayment will be appEied to the Customer's account in the event of non-payment, after one year of service, ar be returned to the Customer upan 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 Item 70—Return Trips. Additional pickup is calculated by taking weekly senrice 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 Tri�s. 6) Restart subject to Item 51 — Restart Fees. 7) Additional charges wiil apply when a Customer requests that Contractor provide carry-out services. See Item 80--Car out Service. 8) A prepayment will be assessed to all Customers requesting temporary service carts. 9) Temporary service shali 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 pfan. 10)The prepayment will be applied to the Customer's account upon termination of the temporary service as a credit against amaunts 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 ltem 150—llnits. Loose. andlor Bulkr� Material. Non-Compacted Company-Owned Commercial Container Non-compacted material rates are stated per Commercial Container per month within the city of I'asco. Permanent Sentice Rates Permanent 5ize or Type of Container Service��Z �,�Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Pickup- One ��43.22 $169.26 $195.29 $24U.86 $305.97 $390.60 Time per Weelc Pickup-Two � Times per Week �276.02 $325.49 $377.56 $475.23 $605.4'{ $761.6� * — Pickup-Three ' $416.64 $488.25 $566.36 $703.08 $898.38 $1,145.74 I Times per Week I Pickup—Four $553.35 , $644.48 $742.12 $917.91 $1,184.81 $1,497.28 Times per Week Exhibit C, Effective 01-01-2023 through 12-31-2023 Page 94 of 20 f Permanent Size or Type of Container Service'�Z 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Pickup-Five $677,04 $794.21 $917.91 $1,132.72 $1,484.26 $1,855.31 Times per Week Specia! Pickup Rates Size or Type of Container Service 1.8 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Special Pickups" � $59.44 $65.45 $71.46 $81.99 $97.02 $116.57 Return $26.36 $26.36 $26.36 $26.36 $26.36 $26.36 Trip Charge , Additional �33.08 $39.09 $45.14 $55.63 $70.66 $90.21 Pickup Restart Charge 6 $52.34 $52.34 $52.34 $52.34 $52.34 $52.34 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 $26.36 $26.36 $26.36 $26.36 , - - - -- - Pickup Rate � N/A N/A $71.93 $84.94 $104.48 ' $130.53 Rent Per N/A N/A $6.95 $6.95 $6.95 $6.95 Calendar Day Prepayment 3 N/A N1A $125.00 $125.00 $125.00 $125.00 ,ticc�sst�ri�l Charg�:s Accessorial charges include charges for lids, unlocking cart, unlatching cart, etc. a) A gate charge wil) 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 t{��: .. ��•c:rG��:�Uu�C COfZ;ciii��.::�S. __ -_ _-__ . . __ ._ ...._ .� . _ _�_ �..�.._-� 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 solid waste material or unit{s) that was unavailable for collection for reasons under the contro! of the Customer. See __ _ __ �____r . c) If Customer requires a Locking Container, a one-time#ee of$114.60 will be assessed. Exhibit C, Effective 01-Q1-2023 through 12-31-2023 Page 15 of 20 Permanent Size or Type of Container Service' Z Yard 3 Yard 4 Yard 6 Yard 8 Yard � Restart Charge 3 $52.34 $52.34 $52.34 $52.34 N/A Accessaria{ Gharges Accessorial charges include charges for lids, untocking cart, unlatching cart, etc. a) A gate charge will be assessed on each picfcup where the driver is required to unlock a container, locking bar, enclosure or open a gate to access a Cart or Container. See !#�m 2A5— Roll-Out Char�es and Gate Charc�es—Carts and Detachable Containers. b) A return trip charge will be assessed when the company driver is required to make a return trip that d��s 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— Re#urn TriRs. c) A disconnect/reconnect fee of$3.9� per pickup will be assessed when Containers are attached to a compactor that requires disconnecting or reconnecting. Notes: '[) 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 Item 70=��tum Tri�s. 3) Service restart subject restart fees. See Item 51_ Restar�Fees. 4) If a Custnmer requests Contractor to pick up any appliance that contains fteon, the Customer will be charged a freon discharge fee. See Item 150-Units. Loose. and/or _ Bu1k�a Materia(. Item 260 — Dro�r Bax Service — Non�Com a�„ct�ed — Cam�an�-Owned Non-Compacted Material Rates are stated per Drop Box, per pick-up. ' Permanent Senrice Rates for City of Pasco Permanent Size or Type of Container Service Z 11 and 15 Yard 20 Yard 30 Yard 40 Yard �0 Yard Delivery Charge $66.35 $66.35 $66.35 $66.35 $66.35 Haul Charge $168.88 $174.92 $180.94 $193.01 $205.07 Trip Charge $66.35 $66.35 $66.35 $66.35 $66.35 Exhibi#C, Effective 01-01-2023 through 12-31-2023 Page 17 of 20 Permanent Size or Type of Container Service Z 91 and 15 Yard 20 Yard 30 Yard 40 Yard 50 Yard Restart fee 5 $52.34 $52.34 $52.34 $52.34 $52.34 Prepayment' $250.Q0 $250.00 $250.00 $250.OQ $250.00 Minimum Monthly $168.88 $174.92 $180.94 $193.01 $205.07 Charge Mifeage Charge 6 $3.99/mile Ternporary Service Rates Temporary Size or Type of Container Service 4 �1 and 15 Yard 20 Yard 30 Yard 40 Yard 50 Yard Delivery Charge $66.35 $66.35 $66.35 $66.35 $66.35 Haul Charge $169.18 $175.19 $181.23 $193.30 $205.37 Trip Charge $66.35 $66.35 $66.35 $66.35 �66.35 Daily Renta) �g�� $g.05 $9.05 $9.05 $9.0� Charge Prepayment' $250,00 $250.00 $250.00 $250.OQ $250.00 Mileage Charge s $3.91lmile Accessoriaf 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 arder to access a Cart or Container. See n 205-Roll-Out Char�es and Gate Charc�es- Carts and Detachable �rs. b) A trip charge will be assessed when the company driver makes a 4rip to the Customer's location, but due to reasons under the control of the Customer,was not able to complete the haul. See (tem 7Q-Return Tri�s. Notes: 1) Rates in this item are subject to disposal fees named in Item 150-Units Loase, ar�d/or F��: v __;aterial, [tem 207__Excess Wei ht-�R�ection of Load. Char�es to Trans�ort, and ._tem 230 - D�sr:�o�al,Fees, 2) Wermanent service means Drop Box service provided at Customer's request for more than 90 days. Exhib9t C, Effective 01-01-2023 through 12-31-2023 Page 18 of 20 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 af 90 days or less. 5) Restart subject to ftem_51 —_Restart Fees. 6} Rates named in this item apply for all hauls within#he city limits of Pasco, to the disposal site. Any miles driven outside the city limits of Pasco will be charged at$3.91 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 abave. The prepayment will be applied to the Customer's account in the event of non- payment or be returned to#he Customer upon termination of service. For permanent Drop Baxes, 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 Item 150— Units. Loose,and/or Bulk�Material. Item 270 -- Dro Box Service — Com acted — Customer-Owned Compacted materia! rates are stated per Drop Box, per pickup for the city of Pasco service area. Permanent Senrice Rates Size or Type of Container Permanent Service 11 and 15 Yard 20 and 25 Yard 30 and 35 Yard 40 Yard Detivery Charge N/A N/A N/A N!A Haul Charge - $208.20 $208.20 $208.20 $208.20 Trip Charge $66.35 $66.35 $66.35 $66.35 Prepayment 3 $250.00 $250.00 $250.00 $250.00 Restart Charge 2 $52.34 $52.34 $52.34 $52.34 � Mileage Charge $3.9'{/mile �;ccessorial Gharges Accessoriaf charges include cha�ges for lids, unlocking cart, unlatching cark, etc. Exhibit C, Effective 01-01-2023 through 12-31-2023 u��� Page 19 of 20 a) A gate charge will be assessed on each pick up where the driver is required to unlock a cantainer, locking bar, enclosure ar open a gate to access a Cart or Container. See � t�:_�«har�es �C�i�s__at�c�.f�r�tac;h��k�le Contain�r�. ! b) A Compactor disconnect/reconnect charge af$3.91 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 locatian, but due to reasons under the control of the Customer, was not able to complete the haul. See _ ��=��. d} A turn around charge of$36.17 per haul will be assessed when company driver must #urn the Drop Box around to empty and/or re-connect the Drop Box. e} Rates named in this item appEy 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 $3.91 per mile. Miieage charge is in addition to all regular charges. Notes: 1) Rates in this item are subject to disposal fess named in item 230—DisaosaLFee�. 2) Restartsubjectto Etem 5_�_�f�estart_F�es. 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 wi11 be charged a freon discharge fee. See . _ __ Item 300 — List of Abbreviations and SYmbols Used in this Exhibit C (IV) (C) Denates changes in wording (N) Denotes new rates, services, ar rufes (N/A) Denotes not available ***denotes that material previausly shown has been deleted Yd. Or yd.Are abbreviations for yard Cu. Or cu.Are abbreviations for cubic Exhibit C, Effective 01-01-2023 through 12-31-2023 Page 20 of 20