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12-18-2024 Council Packet
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12-18-2024 Council Packet
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<br /> <br />Page 2 of 15 <br />Version 2022.1 Muni <br />that Company may use any information received from the City in marketing all of its available services <br />to the Customers located within the City, whether included in the scope of this Agreement or not. <br />5. Exhibits. All Exhibits attached this Agreement are an integral part of the Agreement and are <br />incorporated herein. <br />Exhibit A Specifications for Municipal Solid Waste Services <br />Exhibit A-1 Municipal Solid Waste Pricing <br />Exhibit B Company’s Performance Bond <br />6. Term. The term of the contract shall be for a period of five years, commencing operations on January 1, <br />2025, and expiring on December 31, 2029. At the conclusion of the initial five-year term, the parties <br />may renew this agreement for an additional two (2) two-year terms, upon the parties’ mutual agreement <br />as to terms for said renewal. Negotiations for said renewal term shall begin by January 1 of each <br />contract renewal year, the first date being January 1, 2029. <br /> <br />7. Rates for Services; Rate Adjustments; Additional Fees and Costs. <br />7.1 Rates for Services. The rates for all Services shall be as shown on Exhibit A, subject to the rate <br />adjustments and additional fees and costs as set forth herein. <br />7.2 Annual Rate Adjustments. Company shall increase the collection rates for all Services effective <br />on each anniversary of the Effective Date of this Agreement in an amount equal to four and a <br />half (4.5) percent. <br /> In the event that one or more material elements of cost to provide Service under this Agreement <br />experiences a year over year (YoY) change greater than 15% Company may increase the <br />Annual Rate Adjustment above the 4.5% by an additional amount equal to the additional cost <br />increase, however in no event shall the increase exceed 7%. A material element of cost shall be <br />defined as a category of cost making up 5% or more of the annual costs to provide the Services. <br />7.3 Change in Law Adjustments. Company may increase the rates for Services as a result of <br />increases in costs incurred by Company due to (a) any third party or municipal hauling <br />company or disposal facility being used; (b) changes in local, state, federal or international <br />rules, ordinances or regulations; (c) changes in taxes, fees or other governmental charges (other <br />than income or real property taxes); (d) uncontrollable prolonged operational changes (i.e., a <br />major bridge closure); (e) increased fuel costs; and (f) changes in costs due to a Force Majeure <br />Event. Any of the foregoing cost adjustments shall be retroactive to the effective date of such <br />increase or change in cost. <br />8. Invoicing; Payment; Service Suspension; Audits. <br />8.1 Invoicing the City. The City shall invoice and collect from all Residential Units and Municipal <br />Facilities Customers for Services provided by Company pursuant to this Agreement. The City <br />shall report to Company (a) by the 5th of each month the total number of addresses subject to <br />this Agreement and that have been billed for Services by the City and (b) on a monthly basis, <br />parcel data and a list of addresses billed for the Services by the City. Company shall invoice the <br />City for the number of addresses that were billed by the City within fifteen (15) days of <br />receiving the City’s address count each month, and the City shall pay Company’s invoices.
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