The URL can be used to link to this page

14-084.00 Sunshine Recyclers, Inc.AGREEMENT FOR COMPREHENSIVE SOLID WASTE TRANSFER, TRANSPORT, AND DISPOSAL SERVICES SUNSHINE RECYCLERS, INC. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Sunshine Recyclers, Inc., dba Sunshine Disposal & Recycling, hereinafter "Contractor," jointly referred to as "Parties." RECITALS WHEREAS, pursuant to chapter 70.95 RCW, a local government is responsible for the management of solid waste within its jurisdictional boundaries; and WHEREAS, the City has undergone an extensive research and review process, which has included multiple studies of various options for solid waste transfer, transport, and disposal management; and WHEREAS, the City's current interlocal agreement with the Spokane Regional Solid Waste Management System expires on November 16, 2014; and WHEREAS, the City is required by law to provide solid waste transfer, transport, and disposal services by November 17, 2014; and WHEREAS, after due consideration of the options available, the City Council of the City has determined it is in the best interests of its citizens and for the public health, safety, and welfare for the City to assume responsibility of managing solid waste generated within its boundaries; and WHEREAS, after due consideration of the options available, the time constraints and the needs of the City and its citizens, the City Council of the City has determined it is in the best interests of its citizens and for the public health, safety, and welfare for the City to provide for solid waste transfer, transport, and disposal services through a contract with a private provider; and WHEREAS, the Contractor will be able to provide solid waste transfer, transport, and disposal services by November 17, 2014; and WHEREAS, the Parties have, in good faith, negotiated this Agreement and commit to attempting to resolve any future contract disputes, if any should occur, in good faith. NOW, THEREFORE, IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 1 of 46 ARTICLE 1 DEFINITIONS 1.1 Defined Terms. All capitalized terms utilized in this Agreement are intended to have the meaning defined in this Article 1 whether or not the term is defined prior to its use in this Agreement. The following definitions shall apply to the entirety of this Agreement unless it is clear from the context that another definition applies. 1.2 Definitions. "Acceptable Waste" means all Solid Waste excluding Recyclables, Organics, C&D Waste, and Unacceptable Waste. "Agreement" means this Agreement between the City and Contractor and all mutually adopted amendments thereto. "Business Days" means Monday through Friday, excluding designated holidays listed on Exhibit "A". "C&D Waste" refers to "construction and debris waste" and means Solid Waste generated in the course of construction, demolition, and remodeling, which includes, but is not limited to concrete, brick, masonry, bituminous concrete, plastic (PVC), reinforcing steel, dimensional wood, plaster (sheet rock), fiberglass insulation, composition roofing, roofing paper, metal roofing, metal fencing, copper, white goods and appliances (without CFC and Freon), and similar non -hazardous construction, non -paper or textile materials. "City" means the City of Spokane Valley, Washington. "City Representative" means the representative of the City identified in Section 16.3. "Consumer Price Index" or "CPI" means the Consumer Price Index for All Urban Consumers (CPI -U), West Region, 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics ("BLS"). The Parties may refer to the BLS Internet Site or other BLS source to determine the applicable CPI Index. "Contractor" means Sunshine Recyclers, Inc., dba Sunshine Disposal & Recycling and all successors and assigns. "Customer Service Plan" means the plan established by the Contractor to direct customer service standards, goals, and plans for implementing new procedures in response to customer service issues and complaints, as provided in Section 3.9. "Days" means calendar days unless the time period called for is five days or less, in which case it shall mean the standard Business Days of Monday through Friday, and excluding designated holidays listed on Exhibit "A". Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 2 of 46 "Designated Haulers" means commercially operated Solid Waste haulers with which the City has a Solid Waste contract. "Disposal Facility" means the facility or facilities to dispose of all Acceptable Waste, and any disposal facilities, recycling facilities, or composting facilities for disposal, recycling, or composting of Recyclables, Organics, C&D Waste, MRW, and Special Waste. "Disposal Services" means those services provided by the Contractor under this Agreement to finally dispose of, recycle, or compost the Acceptable Waste, Recyclables, Organics, C&D Waste, and Special Waste. "Effective Date" means June 4, 2014. "Food Scraps" means all compostable pre- and post -consumer food waste, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds, or egg shells, and food -soiled paper, such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or other paper products accepted by the Contractor's selected composting site. Food Scraps shall not include dead animals, plastics, diapers, kitty litter, liquid wastes, ashes, pet wastes, or other materials the selected composting facility is not permitted to compost or that are identified in the future by the selected composting facility with advance written notice provided to the City of such identification by Contractor after Contractor receives such notice. "MRW" means moderate risk Solid Waste that is hazardous and produced by households, businesses, and institutions, but is exempt from regulation under chapter 70.105 RCW because it is generated in quantities below the thresholds set forth in chapter 70.105 RCW and associated regulations as currently adopted and as hereafter amended. MRW refers to both "hazardous household waste" and "conditionally exempt small quantity generator waste". "Organics" means all Source -Separated Yard Waste and Food Scraps separately or combined. "Recyclables" means those Solid Wastes that are Source -Separated for recycling or reuse, such as papers, plastics, metals and glass, which are identified as recyclable material pursuant to a local comprehensive solid waste plan. "Self Haulers" means all citizens and entities located or operating within the City other than Designated Haulers that dispose of Solid Waste with the Contractor. "Solid Waste" means all putrescible and non-putrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, demolition and construction wastes, yard wastes, and recyclable materials generated by public, private, industrial, commercial, mining, and agricultural operations. "Solid Waste Services" means the Transfer Services, Transport Services, and Disposal Services provided by the Contractor pursuant to this Agreement. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 3 of 46 "Source -Separate" means certain food, organic and reclaimable materials that are separated from Acceptable Waste by the generator for recycling, reuse, or composting, including but not limited to Recyclables, Organics, and other materials. "Special Waste" means Solid Waste that is otherwise considered Acceptable Waste, but by virtue of its unique properties, size, weight, composition, type, applicable legal requirements, or other characteristics, requires special handling or extraordinary management for transfer, transport, and disposal distinct from the level of handling and management required for Acceptable Waste, and is thereby subject to special compensation. Examples include, but are not limited to, tires, fluff, white goods, appliances, large quantities of ash, asbestos, and concrete, rocks or stumps over three feet in diameter. "Surety" means the surety required pursuant to Section 3.16 to guarantee performance of the Solid Waste Services under this Agreement. "Transfer Facility" means the total of all facilities at one or more locations located within the City' s boundaries that are operated by the Contractor to accept and process Solid Waste under this Agreement. "Transfer Services" means those services provided by the Contractor under this Agreement to collect and process Acceptable Waste, Recyclables, Organics, C&D Waste, and Special Waste from Designated Haulers and Self Haulers at a Transfer Facility so that such Acceptable Waste, Recyclables, Organics, C&D Waste, and Special Waste may be transported to a Disposal Facility and processed or finally disposed. "Transport Services" means those services provided by the Contractor under this Agreement to transport processed Acceptable Waste, Recyclables, Organics, C&D Waste, and Special Waste from the Transfer Facility to the Disposal Facility. "Unacceptable Waste" means all Solid Waste not authorized for disposal at the Transfer Facility and/or Disposal Facility by those governmental entities having jurisdiction over such facilities, or any waste, the disposal of which would constitute a violation of any governmental requirements pertaining to the environment, public health, or safety, or which, in the Contractor's reasonable opinion, would be considered Unacceptable Waste and/or would not be accepted for disposal by the operator of the Disposal Facility. Unacceptable Waste includes any waste that is now or hereafter defined by federal, state or local law or by the disposal jurisdiction as radioactive, dangerous, hazardous, or extremely hazardous waste. Unacceptable Waste includes Solid Waste that is or contains any infectious waste, radioactive, volatile, corrosive, flammable, explosive, biomedical, bio -hazardous or toxic material. Unacceptable Waste may also include ashes, asbestos, swill, sewage sludge, other biosolids, and industrial wastes. "Uncontrollable Circumstances" means events and circumstances commonly known as "force majeure", acts of God, or other circumstances reasonably beyond the control of either Party. The term includes riots, wars, civil disturbances, insurrections, acts of terrorism, epidemics, natural disasters, severe weather conditions, explosions, fires, severe floods, strikes Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 4 of 46 reasonably beyond the control of either Party, and other similar events that directly affect the ability of either Party to provide the Solid Waste Services as contemplated herein. Typical snow, ice, and flooding conditions that affect road conditions, rail conditions, or the operations of the Transfer Facility or Disposal Facility shall not be considered Uncontrollable Circumstances, provided that such conditions do not make the roads and rail impassable or the Transfer Facility or Disposal Facility inaccessible. "Yard Waste" means plant and vegetative waste commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities that is free from chlopyralid or other similar substances that are identified in the future by the Disposal Facility with advance written notice provided to the City of such identification by Contractor after Contractor receives such notice, and which cause the Disposal Facility not to accept such Yard Waste for composting. Yard Waste includes but is not limited to grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree pruning debris. ARTICLE 2 REPRESENTATIONS AND WARRANTIES 2.1 Representations, Warranties, and Covenants of the Contractor. The Contractor covenants, represents and warrants to and for the benefit of the City, unless otherwise expressly specified, that as of the date of this Agreement and throughout its term: A. Organization of the Contractor. The Contractor is a duly organized and validly existing corporation under the laws of the State of Washington and Contractor is in good standing under the laws of the State of Washington and prior to the commencement of services under this Agreement will be in good standing with and duly licensed to do business in the State of Washington and the states in which any Transfer Facility and any Disposal Facility are located. B. Subcontractors Duly Licensed. The Contractor hereby agrees and covenants that it shall not hire, employ, or contract with any subcontractor for the provision of any part of the Solid Waste Services under this Agreement unless such subcontractor is duly organized and validly existing under the laws of the state in which it is incorporated or created, and it is duly licensed to do business in the State of Washington and in the states in which it is providing the Solid Waste Services on behalf of Contractor. C. The Contractor's Power to Execute. The Contractor has full legal right, power and authority to execute, deliver, and perform its obligations under this Agreement, and has duly authorized the execution and delivery of this Agreement. This Agreement has been duly executed and delivered by the Contractor and constitutes a legal, valid and binding obligation of the Contractor enforceable against the Contractor in accordance with its terms except as such may be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other laws affecting creditors' rights generally, the exercise of judicial discretion in granting or denying equitable relief, the principles of commercial reasonableness, good faith and fair dealing, waiver, estoppels and unconscionability and by general equitable principles. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 5 of 46 D. No Violations or Conflicts. To the best of the Contractor's knowledge, neither the execution nor delivery by the Contractor of this Agreement, the performance by the Contractor of its obligations hereunder, nor the fulfillment by the Contractor of the terms and conditions hereof: 1. Conflicts with, violates or results in a breach of any applicable law, ordinance, permit, approval, governmental approval or regulation; or 2. Conflicts with, violates or results in a breach of any term or condition of any judgment, order or decree of any court, administrative agency or other governmental authority, or any agreement or instrument to which the Contractor is a party or by which the Contractor or any of its properties or assets are bound, or constitutes a default thereunder. E. Unethical Conduct. The Contractor has not engaged in any type of unethical conduct including, without limitation, collusion, the rigging of proposals, offers or other responses or the submission of a proposal, offer or other response which is intentionally high or noncompetitive for the purpose of giving the appearance of competition. F. No Conditions Precedent to Execution. No approval, authorization, license, permit, order or consent of, or declaration, registration or filing with any governmental or administrative authority, commission, board, agency or instrumentality is required for the valid execution and delivery of this Agreement by the Contractor. G. Appropriate Approvals. The Contractor holds, or is expressly licensed to use, all patents, rights, licenses, approvals and franchises necessary or appropriate to operate and maintain the Transfer Facility and to provide the Solid Waste Services pursuant to the terms of this Agreement. H. Right to Use Facilities and Equipment. 1. As of November 17, 2014, the date of commencement of Solid Waste Services under this Agreement, the Contractor owns, leases or has binding and enforceable contractual rights to use all facilities and equipment necessary or appropriate for the Contractor to fulfill its duties and responsibilities under this Agreement, and the Contractor shall deliver to the City, upon its request, proof satisfactory to the City of such ownership, lease or contractual rights. 2. During the term of this Agreement, Contractor shall own, lease, or maintain ongoing binding and enforceable contractual rights to use all facilities and equipment necessary or appropriate for the Contractor to fulfill its duties and responsibilities under this Agreement, and the Contractor shall deliver to the City, upon its request, proof satisfactory to the City of such ownership, lease or contractual rights. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 6 of 46 I. Truth and Accuracy. The information the Contractor supplied to the City as part of the process to enter into this Agreement was true and accurate when made and, as of the date of this Agreement, remains true and accurate. J. No Change in Financial Condition. There has been no material adverse change in the Contractor's financial condition since the issuance date of the bank commitment letter submitted by the Contractor to the City. K. Contractor is Experienced. The Contractor is fully experienced in each of the areas under which it will have duties and obligations under this Agreement and has adequate personnel and experience to fully, properly and satisfactorily discharge its duties and obligations under this Agreement. The City is specifically relying on representations from the Contractor that it has the skill, experience and means to provide the services set forth in this Agreement. L. Proceedings Against the Contractor. As of the date of this Agreement there is not and shall not be any action, suit, proceeding or, to the best of the Contractor's knowledge, investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality pending or, to the best of the Contractor's knowledge, threatened, against the Contractor, wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially or adversely affect the performance by the Contractor of its obligations hereunder or which, in any way, would adversely affect the validity or enforceability of this Agreement or any other agreement or instrument entered into by the Contractor in connection with this Agreement. M. Provision of Solid Waste Services. The Contractor has the ability to and will inspect, accept, process, transfer, transport, dispose of, recycle, and compost all Acceptable Waste, Recyclables, Organics, C&D Waste, and Special Waste received by Contractor in accordance with the terms and conditions of this Agreement. The Contractor has approved and executed all necessary contracts with any third -party providers, including any providers of Transport Services and Disposal Services. 2.2 Representations, Warranties, and Covenants of the City. The City covenants, represents and warrants to and for the benefit of the Contractor, unless otherwise expressly specified, that as of the date of this Agreement and throughout its term: A. Organization of City. The City is a non -charter code city, duly organized and validly existing under the Constitution and laws of the State of Washington, with full legal right, power, and authority to enter into, execute, and deliver this Agreement, and perform its obligations under this Agreement. B. City's Authority to Execute. The City has duly authorized the execution and delivery of this Agreement and this Agreement has been duly executed and delivered by it and constitutes a legal, valid and binding obligation of the City enforceable against the City in accordance with its terms except as such may be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other laws affecting creditors' rights generally, the exercise of judicial discretion in granting or denying equitable relief, the principles of commercial reasonableness, Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 7 of 46 good faith and fair dealing, waiver, estoppels and unconscionability and by general equitable principles. C. No Violations or Conflicts. To the best of the City's knowledge, neither the execution nor delivery by the City of this Agreement, the performance by the City of its obligations hereunder, nor the fulfillment by the City of the terms and conditions hereof: 1. Conflicts with, violates or results in a breach of any applicable law, ordinance, permit, approval, governmental approval or regulation; or 2. Conflicts with, violates or results in a breach of any term or condition of any judgment, order or decree of any court, administrative agency or other governmental authority, or any agreement or instrument to which the City is a party or by which the City or any of its properties or assets are bound, or constitutes a default thereunder. D. No Conditions Precedent to Execution. No approval, authorization, license, permit, order or consent of, process, procedure, or declaration, registration or filing with any governmental or administrative authority, commission, board, agency or instrumentality is required for the valid execution and delivery of this Agreement by the City, except: (1) approval and authorization from the City Council is necessary to execute this Agreement; and (2) the Parties agree that due to time constraints, the City cannot adopt its Comprehensive Solid Waste Management Plan prior to execution of this Agreement. The Parties agree that City shall commence development of its Comprehensive Solid Waste Management Plan and shall diligently pursue completion, approval, and adoption of the Comprehensive Solid Waste Management Plan and adoption of any Spokane Valley Municipal Code Provisions necessary to implement the Comprehensive Solid Waste Management Plan. E. Proceedings Against the City. As of the date of this Agreement, there is not and shall not be any action, suit, proceeding or, to the best of the City's knowledge, investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality pending or, to the best of the City's knowledge, threatened, against the City, wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially or adversely affect the performance by the City of its obligations hereunder or which, in any way, would adversely affect the validity or enforceability of this Agreement or any other agreement or instrument entered into by the City in connection with this Agreement. F. Contractor as Sole Provider. During the term of this Agreement, City shall not contract with any other entity to provide the Solid Waste Services provided by Contractor herein. City shall not be precluded from undertaking a procurement process and entering into a contract with another entity prior to the completion of the term of this Agreement in order to ensure there is no interruption of services after the completion of the term of this Agreement; provided that any such entity shall not commence providing services until the term of this Agreement is completed and this Agreement is terminated as provided herein. Nothing herein shall modify the City's rights of termination or remedies in the event of a default under Article 11. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 8 of 46 2.3 Independent Representations and Warranties. The covenants, representations and warranties described in this Article are not exclusive and shall not be construed to exclude or limit those required elsewhere in this Agreement or to modify, limit or lessen in any way, any rights or remedies that either Party may have against the other or the Surety provider. ARTICLE 3 CONTRACTOR RESPONSIBILITIES 3.1 Provide Transfer Services. During the term of this Agreement, the Contractor shall be responsible for and shall provide Transfer Services for Self Haulers and the Designated Haulers at the Transfer Facility. The Transfer Facility shall be identified on Exhibit "A". Transfer Services shall include, but are not limited to the following services, requirements, and conditions: A. Acceptable Waste. The Transfer Facility shall be at such location and of such size and capacity so as to process all Acceptable Waste generated in the City, currently estimated at 50,000 tons annually. Further, the Transfer Facility shall be at such location and of such size and capacity so as to allow Self Haulers and Designated Haulers to deliver Acceptable Waste during the times and days specified in Exhibit "A" without unreasonable delay or interruption to the Designated Haulers' collection service. The Contractor shall ensure that during peak operations there is no obstruction of traffic on any streets surrounding the Transfer Facility other than obstructions arising from Uncontrollable Circumstances. The amount of tonnage is strictly an estimate agreed to by the Parties to determine the size and capacity needed for the Transfer Facility and no specific tonnage of Acceptable Waste is guaranteed by such statement. B. Recyclables, Organics, C&D Waste, and MRW. The Contractor shall provide, as part of the Transfer Facility, programs and means for accepting and processing Recyclables, Organics, C&D Waste, and MRW, as appropriate, so as to allow Self Haulers and Designated Haulers to deliver such wastes and Recyclables at the times and days specified in Exhibit "A" without unreasonable delay or interruption to the Designated Haulers' collection service except to the extent such interruption or delay arises from Uncontrollable Circumstances. Contractor shall be entitled to separate and commercially use Acceptable Waste and C&D Waste delivered to the Transfer Facility; provided any separation activities shall not cause unreasonable delay or disruption of delivery and acceptance of Solid Waste at the Transfer Facility. C. Special Waste. Contractor shall make all reasonable efforts to accept and process Special Waste; provided, Contractor may make additional charges for, or fix new or additional rates for the handling or disposal of Special Waste. In the event that applicable legal requirements or excessive cost of processing would preclude Contractor from reasonably processing Special Waste, Contractor may reject such Special Waste. D. No Delay of Services. The Contractor, at its sole direction and expense, shall keep or shall ensure that the Transfer Facility and Transfer Services equipment are in good working order and repair so as to provide Transfer Services without interruption or unreasonable delay of services except to the extent such interruption or delay arises from Uncontrollable Circumstances. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 9 of 46 E. Right to Refuse Service. Contractor reserves the right to refuse to any business patron the right of access to the Transfer Facility or Disposal Facility when the customer has violated the facility's rules and policies and/or rules and regulations prescribed by law or the customer is delinquent more than 30 days on account of any money due the Contractor for Solid Waste Services. 3.2 Screening for Unacceptable Waste. A. Screening. The Contractor shall not be required to receive, handle, transport, or dispose of any Unacceptable Waste. The Contractor shall establish and maintain appropriate equipment and a program of operating, monitoring, and screening procedures for the Transfer Facility to prevent the receipt, handling, shipping or disposal of Unacceptable Waste. The Contractor shall inspect and screen all Solid Waste delivered to the Transfer Facility for all Unacceptable Waste prior to transport and disposal at the Disposal Facility. Contractor may decline any Unacceptable Waste and may require the hauler attempting to dispose of such Unacceptable Waste to remove the Unacceptable Waste in accordance with federal, state and local law. B. Training. Transfer Facility staff shall be properly instructed and trained on screening for Unacceptable Waste in accordance with applicable federal, state, and local laws. C. Liability for Unacceptable Waste. The Contractor shall be financially and otherwise liable for the handling and disposal of any Unacceptable Waste that is accepted by it. The City shall in no event be financially or otherwise liable for any Unacceptable Waste accepted, processed, transported, or disposed of by the Contractor. 3.3 Provide Transport Services. The Contractor shall be responsible for and shall provide Transport Services for all Acceptable Waste, C&D Waste, Recyclables, Organics and accepted Special Waste from the Transfer Facility to the Disposal Facility to which the applicable waste is delivered for processing or disposal. The Contractor may utilize any lawful means for providing Transport Services, including contracting with third -party transport service providers. The Contractor, at its sole direction and expense, shall ensure that Transport Services are provided at all times without interruption or unreasonable delay of services except to the extent such interruption or delay arises from Uncontrollable Circumstances. 3.4 Provide Disposal Services. A. Acceptable Waste and Special Waste. The Contractor shall be responsible for and shall provide Disposal Services for all Acceptable Waste and accepted Special Waste at a Disposal Facility permitted to accept such waste in compliance with all federal, state, and local regulations. The Contractor may utilize any lawful means for providing Disposal Services, including contracting for use of a third -party Disposal Facility. The Disposal Facility or facilities shall be initially identified on Exhibit "A". The Contractor, at its sole direction and expense, shall ensure that Disposal Services are provided without interruption or unreasonable delay except to the extent such interruption or delay arises from Uncontrollable Circumstances. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 10 of 46 B. Recyclables, Organics, C&D Waste, and MRW. As part of its provision of Disposal Services, Contractor shall recycle all Recyclables, compost all Organics, and dispose all C&D Waste and MRW in accordance with applicable federal, state, and local laws. The Contractor shall ensure that all Source -Separated Recyclables delivered to and accepted at the Transfer Facility are recycled and all Source -Separated Organics delivered to and accepted at the Transfer Facility are composted and are not disposed of as Acceptable Waste, unless otherwise approved by the City in writing, which approval shall not be unreasonably withheld, conditioned or delayed. The Contractor shall identify to City in writing all facilities used to recycle Recyclables, compost Organics, and dispose of C&D Waste, and MRW. 3.5 Primary Services. The Contractor shall provide Transfer, Transport and Disposal Services to the City in accordance with the terms and conditions of this Agreement. The Contractor may accept and process legally acceptable Solid Waste from sources other than City that is not otherwise prohibited to be delivered to the Transfer Facility, but at no time shall any acceptance or processing of Solid Waste from sources other than the City limit the Contractor's ability to provide Solid Waste Services to the City and its Designated Haulers and Self Haulers in accordance with the terms and conditions of this Agreement. Should the ability of the Contractor to process Solid Waste generated within the City and other Solid Waste become limited, whether due to decreases in capacity at the Transfer Facility or Disposal Facility or otherwise, the Contractor shall first limit the receipt and processing of Solid Waste from sources other than the City to allow as much Solid Waste generated within the City to be handled as is required under this Agreement. 3.6 Education. Upon request by the City, the Contractor shall assist the City in providing solid waste education, including but not limited, public outreach to educate City residents and businesses regarding the transition to the use of the Contractor's Transfer Facility, education regarding options for recycling, Organics, and MRW, and other educational outreach efforts identified by either Party as set forth in Exhibit "B"; provided, the City shall be responsible for all costs of providing education. The City may request additional education services and the Parties shall negotiate in good faith any necessary changes to Service Fees to cover costs or expenses for the additional education. 3.7 Cooperation. Contractor shall cooperate with the City, Designated Haulers, any third -party providers of Transfer Services, Transport Services and Disposal Services, and the Disposal Facility provider to ensure that Acceptable Waste, Recyclables, Organics, C&D Waste, MRW, and Special Waste is legally, efficiently, promptly, and without unreasonable delay or interruption of service accepted, transferred, transported, disposed of, recycled and composted in accordance with the terms of this Agreement, except to the extent such interruption or delay arises from Uncontrollable Circumstances. 3.8 Performance Standards. The Contractor shall provide all Solid Waste Services in compliance with the performance standards provided in Exhibit "C". Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 11 of 46 3.9 Customer Service. A. Contractor shall comply in all respects with the customer service standards contained herein. B. Contractor, its employees, agents and subcontractors shall conduct themselves in a manner to create a positive image of the Contractor and City. Contractor shall provide a customer service telephone line, website, and representative to handle any customer service complaints or questions during the normal business hours of the Transfer Facility. 1. The Contractor shall maintain a toll-free or collect call telephone access line which will be available to customers twenty-four hours per day, seven days per week. A customer service representative shall be available to respond to customer inquiries by such telephone line during the normal business hours of the Transfer Facility. After normal business hours, the access line shall be answered by a service or automated response system, including an answer machine. Inquiries received after hours shall be responded to on the following Business Day. 2. The Contractor shall maintain a website which will be available to customers twenty-four hours per day, seven days per week. The website shall contain current Service Fee and Organics Fee rates, as well as any pending changes to such rates. The website shall contain contact information for the telephone access line. The website shall contain waste acceptance standards and educational materials as provided herein. C. Customers shall have the right to speak to a supervisor in the event the customer is not satisfied with the response from the customer service representative. The City shall direct any customer inquiry to the customer service representative or supervisor if the customer has not already done so. In the event the customer is not satisfied with the response after speaking with the supervisor and contacts the City, a Contractor liaison shall promptly meet with the City to attempt to resolve the issue. D. Contractor shall develop a Customer Service Plan, to be approved by the City, which shall identify and outline customer service standards, customer service goals, and strategies and plans for implementing new procedures in response to customer service issues or complaints. The Customer Service Plan shall include reasonable times for responses to complaints. The City shall approve the Customer Service Plan and any updates thereto, which is included as Exhibit "D". The Contractor shall review the Customer Service Plan periodically, but not less than once per year, and update as necessary. E. All customer service complaints or concerns shall be documented and provided as part of the Contractor's annual report and to the City within seven Business Days after request by the City. F. Contractor shall ensure that all contracts between it and the Designated Haulers are commercially reasonable and comply with all terms contained herein, including the Performance Standards and Customer Service Plan. Contractor may include any terms that are commercially Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 12 of 46 reasonable, including penalties, interest fees, late charges and service limitations and restrictions for late or non-payment or violation of rules; provided, however, all Designated Haulers, including Designated Haulers that may be owned, operated, or are subsidiaries of Contractor shall be charged the same rates, penalties, and fees and be subject to the same service limitations and restrictions. 3.10 Notice of Disruption of Service. Contractor shall notify the City Representative of any construction, maintenance, or other activity or occurrence which could disrupt, slow or otherwise impact the provision of Solid Waste Services immediately after Contractor becomes aware of such activity or occurrence. 3.11 Notice of Other Facilities. Contractor may notify the City in writing in the event that the Contractor obtains access to alternative transfer or disposal facilities or desires to use other methods of waste disposal which could be utilized in carrying out this Agreement. In the event Contractor desires to use alternative transfer or disposal facilities or disposal methods, Contractor shall provide a written transition plan demonstrating how the transition would occur and any impacts to the provision of Solid Waste Services at the alternative or new facilities. Transition to and use of any alternative facility shall not result in any cost to the City nor any increase in Service Fee or Organics Fee rates. The City may, in its sole discretion, approve the use of alternative transfer or disposal facilities. 3.12 Ongoing Maintenance of Financial Condition. The Parties have agreed that Contractor's ongoing financial health and stability are vital to the continued provision of Solid Waste Services for the term of this Agreement. Solely to demonstrate financial health as it relates to the provision of Solid Waste Services hereunder, within 30 days of the end of the calendar year, Contractor shall provide a letter or other formal statement from the Contractor's designated bank to the City demonstrating that Contractor has met all financial covenants, including the debt service coverage ratio and financial reporting, and made all prior payments timely, required by the bank for financing related to the provision of Solid Waste Services herein. 3.13 Necessary Contracts. The Contractor shall provide for City review, but not approval, all third -party service contracts necessary for Contractor to provide Solid Waste Services, including but not limited to third -party contracts for Transport Services and Disposal Services and with any Disposal Facilities. Contractor may redact any cost or fee schedules, special terms not applicable to this Agreement and other proprietary, trade secret or confidential information from such contracts prior to providing to the City, provided that Contractor shall not redact the names of the parties to the contract, the term of the contract, insurance requirements, and indemnity provisions. All such contracts shall be provided no later than 60 days prior to November 17, 2014. The Contractor shall provide any amendments or new contracts within 30 days of their execution. 3.14 Business Registration. Contractor shall register with the City as a business prior to the Effective Date of this Agreement. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 13 of 46 3.15 Commencement of Service. The Contractor shall begin accepting Solid Waste generated within the City on November 17, 2014. 3.16 Surety. Prior to the Effective Date of this Agreement, the Contractor shall provide to the City a contract performance Surety in the form of a performance bond or letter of credit for the term of this Agreement. The amount of the Surety shall be $1,000,000. The Surety shall be consistent with the terms of this Agreement and be substantially in the form set forth in Exhibit "E" to this Agreement, or such other form customary in the industry which the City approves in writing, which approval shall not be unreasonably withheld, conditioned or delayed. 3.17 Public Records; Confidentiality. A. The Parties agree that all records of the Contractor and of the City which are related to this Agreement and the Solid Waste Services provided hereunder and which are prepared, owned, used, or retained by the City are public records under the Public Records Act (chapter 42.56 RCW) and may be subject to disclosure unless a statutory exemption applies. The City agrees to not intentionally waive any statutory exemptions from disclosure available for such records under the Public Record Act. The City shall, if possible, notify the Contractor before any disclosure, and provide the Contractor an opportunity to intervene through judicial process to resist release of such records. The City agrees not to object to the Contractor's intervention in any judicial proceeding in which the City resists the release of the records in question so long as the Contractor's request to intervene is limited to resisting the release of the records. The City shall have no duty to resist release of any Contractor records, except to provide notice to Contractor of the request for and disclosure of such records as previously described. B. All reports, educational materials, and other records prepared by the Contractor and provided to the City pursuant to this Agreement are and shall be the property of the City and shall be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public records laws. The written, graphic, mapped, photographic, or visual documents prepared by Contractor under this Agreement and provided to the City shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. The City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, drawings, images or other material prepared under this Agreement that Contractor provides to the City pursuant to this Agreement; provided City shall not publish, disclose, or distribute any financial information provided under Section 3.12 without prior notice to Contractor of its intent to do so or without providing the Contractor an opportunity to intervene through judicial process to resist release of such records; and provided further that Contractor shall have no liability for the use of Contractor's work product outside of the scope of its intended purpose. City shall provide Contractor with notice of any public records requests under Section 3.17(A). C. The City, or as requested and authorized by state law, State Auditor, or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters that are directly related to and covered in this Agreement and are required to be provided by Contractor to the City under Section 3.22 or Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 14 of 46 to support fee adjustments under Section 5.3, including tonnages received and revenues received by Contractor from Solid Waste generated within the City. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records for a period of three years from the final date of this Agreement, provided that such representatives shall hold such matters in strictest confidence and not disclose them except in accordance with the limitations on disclosure set forth in this Section 3.17. Contractor may request an independent third -party accountant or other professional to review any document that it believes is not directly related to this Agreement. In the event the independent third -party determines a document is not directly related to this Agreement, such document shall not be subject to review by the City or State Auditor. D. Contractor may, from time to time, receive information which the City designates in writing to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 3.18 Compliance with Laws and Regulations. The Contractor agrees that in providing the Solid Waste Services and the performance of its duties and obligations under this Agreement, the Contractor will qualify under, and comply with, any and all federal, state and local laws, requirements, regulations, licenses, certificates, approvals and permits now in force and which may hereafter be enacted and become effective, which are applicable to the Contractor, its employees, agents or subcontractors. 3.19 Permits, Licenses, etc. The Contractor and any subcontractors shall obtain and maintain, at their sole expense, all permits, licenses, certificates and approvals required by federal, state and local law for its operations and activities under this Agreement. Contractor shall file with the City a list of all such permits, licenses, certificates and approvals designating the issuing authority, the dates of issuance, the expiration of those permits, licenses, certificates and approvals and shall file a copy of all current permits, licenses, certificates and approvals with the City. The Contractor shall be solely liable for all fines or penalties that may be imposed by any regulatory agency or other governmental authority for violations of permits, laws, approvals, certificates or regulations; the City shall not be liable for and shall not reimburse the Contractor for payment of any fines or penalties. 3.20 Tariffs, Surcharges, Taxes and Fees. Except under the limited circumstances expressly set forth in this Agreement, the Contractor shall be responsible and liable for payment of all federal, state and local taxes and fees, tariffs and surcharges of every form and description including, without limitation, those that apply to any and all persons, property, income, equipment, materials, supplies, structures or activities that are involved in the performance of this Agreement. 3.21 Notification of Violations — Full Disclosure. This Section shall not apply to notification and reports of customer service complaints that occur in the normal course of business, which shall be handled in accordance with Section 3.9. Within 10 days of receiving notice of any other complaint, accident, appeal, claim or notice of violation, or other judicial or administrative action, formal or informal relating in any way to the provision of services under this Agreement, filed against the Contractor, the Transfer Facility, or any subcontractor or third - Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 15 of 46 party service provider, or within 10 days of filing, receiving or otherwise learning of any bankruptcy proceeding filed by or against the Contractor, any of its owners or any entity related to the Contractor, the Contractor shall notify the City of the same in writing. The Contractor shall notify the City of the existence, filing, or receipt of any reports or other documents in any manner related to groundwater, without limitation, including the sampling or the testing thereof. The Contractor shall provide copies of any complaints, accidents, appeals, claims or notices of violation, or other judicial or administrative action, formal or informal, responses thereto, and any reports or documents related to groundwater, as requested by the City within seven days of the City's request, or if the request is made prior to a response, within seven days of such response. Contractor shall provide notice of final resolution of any such complaint, accident claim, appeal, claims or notices of violation, or other judicial or administrative action to the City within 10 days of such resolution. This Section 3.21 contemplates full and forthright disclosure by the Parties. 3.22 Reports. The Contractor shall keep accurate records of all transactions connected with this Agreement including, but not limited to, all correspondence and invoices, transaction/weight tickets and receipts issued to or at the Transfer Facility and Disposal Facility for Solid Waste generated in the City. Notwithstanding anything to the contrary in this Agreement, the City shall have the right to review and audit the Contractor's records to which the City has access under Section 3.17(C), above. The Contractor shall provide, in a form acceptable to the City, an annual report for the preceding reporting period summarizing routine and extraordinary activities relating to Solid Waste generated in the City during the prior reporting period and plans and schedules for future activities. The annual report shall provide data by monthly increments. The report shall include: A. Tonnage. The tonnage by type of waste (total Solid Waste, Acceptable Waste, Recyclables, Organics, C&D Waste, MRW, Special Waste, and Unacceptable Waste) or other material generated within the City and accepted at the Transfer Facility and the tonnage processed as part of the Contractor's Transport and Disposal Services. Tonnages shall be based upon actual tonnages as measured by a scale system legally calibrated and certified to be accurate by the appropriate governmental entity or agency, or if no such agency is conducting calibrations or certifications, an independent contractor, to certify such scales; B. Trips. The number of trip visits to the Transport Facility by: (1) Designated Haulers, and (2) Self Haulers; C. Customer Service Inquiries. The number of customer service inquiries handled by customer service representatives from Designated Haulers or Self Haulers by month and by the following categories: (1) Fee issues; (2) issues with interactions with Contractor staff; and (3) provisions of services (e.g., wait times, acceptance of waste, etc.); and D. Extraordinary Occurrences. Any extraordinary occurrences affecting the Contractor's performance of this Agreement including, but not limited to, incidents of inadvertent acceptance of Unacceptable Waste generated within the City known to Contractor, and occurrences affecting or caused by the Transfer Facility, any subcontractor or third -party service provider. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 16 of 46 ARTICLE 4 CITY' S RESPONSIBILITIES 4.1 Delivery of Acceptable Waste. No minimum amount of Acceptable Waste tonnage is guaranteed under this Agreement. However, the City shall, in its contracts with Designated Haulers, obligate, to the maximum extent allowed by law, the Designated Haulers to haul and deliver all Acceptable Waste collected pursuant to such contracts to the Contractor's Transfer Facility for processing. The City shall diligently enforce, to the maximum extent allowed by law, all obligations in its contracts with Designated Haulers, including, without limitation, those related to the collection, hauling and delivery of Acceptable Waste to the Transfer Facility. The provisions of the City's contracts with the Designated Haulers shall not restrict Contractor's right to enforce the terms of its agreements with the Designated Haulers described in Section 3.9(F). In the event the City chooses to provide for Acceptable Waste collection through the use of City staff and resources, the City shall haul and deliver all such Acceptable Waste collected to the Contractor's Transfer Facility for processing. The City's obligation to contractually obligate and enforce its collection, hauling, and delivery obligations with its Designated Haulers as outlined above does not create any obligation or requirement for the City to impose mandatory collection from all of its residents and commercial businesses. 4.2 Cooperation with Contractor. The City shall use its best efforts to cooperate with the Contractor and to respond to the Contractor's reasonable requests for information and assistance, consistent with the provisions of this Agreement. As part of its cooperation, the City shall provide all necessary information to assist with educational components. 4.3 Comprehensive Solid Waste Management Plan. City shall implement and maintain a Comprehensive Solid Waste Management Plan in accordance with chapter 70.95 RCW, as now adopted or hereafter amended. The Parties acknowledge that this Agreement will be executed prior to the development and adoption of the City's Comprehensive Solid Waste Management Plan. The City shall include a description of the Solid Waste Services provided under this Agreement in the Comprehensive Solid Waste Management Plan, including a description of the Transfer Facility and Disposal Facility utilized herein as the only such facilities for which the City has contracted and the obligations of Designated Haulers to haul and deliver Acceptable Waste to the Transfer Facility as set forth in Section 4.1. Subject to the requirements of applicable law, the Comprehensive Solid Waste Management Plan adopted by the City and any amendments thereto shall be consistent with the terms of this Agreement. The City shall include the Contractor in public discussions and development of the City's Comprehensive Solid Waste Management Plan to the extent permitted by law during the term of this Agreement. In the event any inconsistency is determined between the Comprehensive Solid Waste Management Plan and this Agreement, the City shall notify the Contractor and the Parties shall in good faith negotiate an amendment to this Agreement, which shall include adjustments to the Fees payable to Contractor to fairly reflect additional or reduced services, costs and expenses or reductions or increases in waste arising from such amendments, so that the provision of Solid Waste Services under this Agreement does not violate the City's Comprehensive Solid Waste Management Plan. In the event the Parties cannot come to agreement on modified fees, the Parties shall resolve such fee dispute in accordance with the provisions of Article 12 — Disputes. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 17 of 46 4.4 Compliance with Laws and Regulations. City agrees that in the performance of its duties and obligations under this Agreement, the City shall comply with any and all federal, state and local laws, requirements, regulations, licenses, certificates, approvals and permits now in force and which may hereafter be enacted and become effective, which are applicable to the City or its officers, employees or agents and which are related to the provision of Solid Waste Services as provided herein. ARTICLE 5 FEES 5.1 Load Limits. There shall be no per load minimum or maximum tonnage of Acceptable Waste, Recyclables, Organics, or C&D Waste required for acceptance of such wastes and Recyclables at the Transfer Facility. 5.2 Fees. For the Contractor's performance of its obligations under this Agreement it shall be entitled to the sum of the Service Fee, Organics Fee, and Special Waste Fees as follows: (A) (1) Service Fee. $92.00 per ton of Acceptable Waste and C&D Waste. Contractor may impose a minimum charge for Acceptable Waste and C&D Waste of up to $15.20. (2) Customers may deliver up to four non -Class 8 truck tires in a single load of Acceptable Waste without a separate charge. (3) Customers may deliver up to one tree stump in a single load of Acceptable Waste without a separate charge. (B) Organics Fee. $50.00 per ton of Organics. Contractor may impose a minimum charge for Organics of up to $10.00. The Organics Fee shall only apply to routes and loads delivered from Self -Haulers and Designated Haulers consisting of Organics derived from within the City with no more than a small amount of Organics derived from outside the City. The Organics Fee shall not apply to routes and loads delivered from Self -Haulers and Designated Haulers with more than a small amount of commercially -derived Food Scraps. (C) Special Waste Fees. Except as otherwise provided in Subsection A above with respect to tires and stumps, Contractor shall have sole discretion to set the rates for handling and disposal of Special Waste, provided, however, such rates shall be reasonable based upon costs for acceptance, processing, transport and disposal of such Special Waste. Contractor is obligated to provide for the handling and disposal of Special Waste as provided herein. The Parties agree that the Service Fee is comprised of and includes any and all costs associated with acceptance, processing, transport, disposal, and recycling of Recyclables, MRW, and, if it is accepted by Contractor, Unacceptable Waste. Contractor shall not charge any fee to Designated Haulers or Self Haulers for acceptance, processing, transport, disposal, and recycling of Recyclables and MRW. Contractor shall retain any revenues received from recycling of all Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 18 of 46 Source -Separated Recyclables, composting of Source -Separated Organics, and salvage of commercially usable Acceptable Waste and C&D Waste. All Service Fees, Organics Fees, and Special Waste Fees shall be charged to Designated Haulers and Self Haulers and collected by Contractor at the time such waste is accepted at the Transfer Facility, or by invoice to the Designated Haulers in the event the Contractor has separate agreements with the Designated Haulers. Except as provided below, Contractor shall not be entitled to and the City shall not be required to make any payments to Contractor for any reason under this Agreement, except as otherwise provided in Article 8 — Indemnification and Article 11 — Default. In the event City provides for collection and delivery of Solid Waste generated by the City with its own staff and delivers it to the Transfer Facility, the City shall be charged and pay the same rates as all other customers as set forth herein unless otherwise agreed to in writing by the Parties. 5.3 Adjustment of Fees. A. Annual Adjustment. Effective on December 1, 2015 and on December 1st of each year thereafter during the term of this Agreement, the then current Service Fee and Organics Fee, as previously adjusted under this Section 5.3(A), shall be automatically increased by 90% of the percentage change in the average CPI for the 12 month period July 1 through June 30 of the calendar year the adjustment becomes effective as compared to the CPI average for the preceding twelve month period and multiplying the result by the then applicable Service Fee and Organics Fee. B. Adjustment for Government Taxes. The Contractor may increase the fees payable under Section 5.2 for reasonable actual increased costs resulting from changes in government, health district and/or department, or other agency taxes, fees, and surcharges that are assessed upon Contractor for its operations and Solid Waste Services hereunder that occur or are increased after the Effective Date of this Agreement. Such changes shall include solid waste utility taxes and other taxes, fees, surcharges and impositions relating to solid waste or solid waste processing, handling and disposal. Such changes do not include real estate taxes, ad valorem taxes, telecommunications taxes, water and sewer connection fees or water and sewer user fees, sales or income taxes, host fees, other utility taxes, and any other similar fees, taxes, surcharges, and assessments. The Contractor shall provide notice to the City at least 10 days prior to increasing such fees and the City may request documentation of the reasonable actual increased costs resulting from such changes. If the City requests documentation and Contractor does not or cannot provide such documentation, the Contractor may not increase fees until Contractor provides such documentation. After -enacted government taxes, fees, and surcharge increases or decreases are not subject to the annual adjustment contained in Section 5.3(A). Any dispute regarding the appropriateness of increases shall be resolved pursuant to Article 12 - Disputes. C. Adjustment for Changes in Federal, State and Local Law. The Contractor may increase the fees payable under Section 5.2 for reasonable actual increased costs resulting from changes in federal, state, or local law. For purposes of this Section, "change in law" means any of the following that are related to and required for the provision of Solid Waste Services hereunder, and which become effective at any time after the Effective Date: (1) any new, changed, or revised law, statute, rule, code, regulation, ordinance, or decision, order, decree, or Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 19 of 46 judgment, or (2) the imposition of any material conditions or requirements on the continuation, issuance, or renewal of any permit, license or approval. "Change in law" excludes any change in tax, fee, or surcharge as provided for in Section 5.3(B). The Contractor shall provide notice to the City at least 10 days prior to increasing such fees and the City may request documentation of the reasonable actual increased costs resulting from such changes. If the City requests documentation and Contractor does not or cannot provide such documentation, the Contractor shall not increase fees until Contractor provides such documentation. Any dispute regarding the appropriateness of increases shall be resolved pursuant to Article 12 - Disputes. D. Adjustment for Uncontrollable Circumstances. Upon reasonable agreement of the Parties, the Contractor may increase the fees payable under Section 5.2 for reasonable actual increased costs resulting from Uncontrollable Circumstances. The Contractor shall provide immediate notice of such Uncontrollable Circumstances to the City. The City may request documentation of such reasonable actual increased costs resulting from Uncontrollable Circumstances. The Parties shall work diligently and reasonably towards agreement and shall not unreasonably withhold or delay agreement on any fee increase. The agreed upon fees shall include all actual reasonable increased costs incurred from the date of the Uncontrollable Circumstances. Any dispute regarding the appropriateness of increases shall be resolved pursuant to Article 12 - Disputes. E. Reduced Fees for "Most Favored Customer." Notwithstanding any provision to the contrary herein, the Contractor may use the Transfer Facility to process Solid Waste of any governmental or private entity or person other than the City, Designated Haulers, and Self Haulers. In the event the Contractor enters into an agreement with any governmental entity other than the City to process Solid Waste that requires the Contractor to perform all of the same Solid Waste Services the Contractor is required to perform under this Agreement in the same manner and to the same extent as required under this Agreement, the Contractor shall reduce the Service Fee or Organics Fee under this Agreement to the lower amount provided to the other governmental entity. F. Services Under Emergency Operations Plan. In the event the Contractor implements the emergency operations plan under Article 6, the Service Fee and Organics Fee shall not increase above the rate in effect immediately prior to the date and time of such implementation. G. No Payment for Services Not Performed. The Contractor shall receive no payment for services required under this Agreement which are not provided by the Contractor or its subcontractors, even if such failure is caused by events or occurrences of a nature commonly known as "force majeure" or acts of God or strikes beyond the Contractor's control. 5.4 Fees and Taxes Payable to the City. A. The Contractor shall pay an annual administrative fee to the City equal to $125,000 to compensate the City for costs associated with administration of this Agreement and management of Solid Waste within the City. Such fee shall be paid in quarterly installments due within 30 days of the completion of the first calendar quarter of 2015 and within 30 days of the completion of each calendar quarter thereafter throughout the term of the Agreement. The City may alter the Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 20 of 46 fee once each year and shall notify the Contractor of such alteration by December 31 of each calendar year. Any alteration shall not take effect until the first day of the calendar quarter that starts at least 60 Days following such notification. B. The City shall have the right to request review and/or audit of all records related to the tonnages received from Solid Waste generated within the City and delivered to the Contractor and amounts payable and due under Section 5.4(A) at any time. C. The administrative fee payable to the City may be added, as applicable, to the fees set forth in Section 5.2, as adjusted, to make up the total tipping fees that Contractor charges to Designated Haulers and Self Haulers. The amount added to fees shall be based upon the annual projected tonnage of Acceptable Waste. Contractor shall have the right to direct any questions regarding the administrative fee to the City and the City shall be responsible for handling all complaints and inquiries about such administrative fee. Contractor shall be responsible for the collection and delivery of the administrative fee to City to the extent of the amount owed based on total tonnage of Acceptable Waste collected from City Self Haulers and Designated Haulers. Contractor shall collect the City's administrative fee as agent for the City from Designated Haulers and Self Haulers and shall deliver the amount collected to the City as provided in Section 5.4(A). For purposes of calculating taxes on the collection and delivery of the administrative fee, the City's administrative fee is not the income or asset of Contractor for any reason and is paid to and received by the City exclusively because of the exercise of its governmental functions. Contractor shall not have any personal liability to the City for the administrative fee other than the obligation to collect and deliver the administrative fee to the City as set forth in Section 5.4(A). Contractor shall maintain books and records showing that Contractor is acting as agent for the City and that the City is the actual owner of the City administrative fee funds collected by Contractor. D. In addition to the annual administrative fee, if the Contractor receives more than 45,500 tons of Solid Waste at the Transfer Facility, excluding tonnage from loads which consist substantially of commercial Recyclables that are brought to the Transfer Facility for baling, marketing and/or processing, during any calendar year starting with 2015, because of the effect of that volume of tonnage on the facilities in the City, the Contractor shall pay the City a "Right - of -Way Maintenance Fee" equal to $1.00 for each ton of Solid Waste received at the Transfer Facility, except for tonnage from excluded Recyclables as provided above in this Section 5.4(D), during such calendar year over 45,500 tons of such waste. On or before March 15 of each year, commencing March 15, 2016, the Contractor shall pay the City the Right -of -Way Maintenance Fee that is payable based upon the number of tons of Solid Waste that are received at the Transfer Facility, except for tonnage from the excluded Recyclables as provided above in this Section 5.4(D), during the prior calendar year. E. In the event the City imposes a solid waste utility tax or other business and occupation tax on the provision of Solid Waste Services by the Contractor or the Contractor's operation of its solid waste business, the Parties agree that such tax is an after -enacted government tax under Section 5.3(B) and Contractor shall be entitled to increase the fees payable under Section 5.2 for the actual increased costs resulting from such tax. Such tax shall be paid to the City at such time and in such manner as specified in the ordinance imposing such tax. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 21 of 46 ARTICLE 6 EMERGENCIES 6.1 Notification. Any Party with knowledge of circumstances or potential circumstances which could impact the availability of Acceptable Waste, the ability of the Transfer Facility to process Acceptable Waste, Recyclables, Organics, and C&D Waste, the ability of the Contractor to provide Transfer Services, Transport Services, or Disposal Services, or the ability of the Disposal Facility to dispose of, recycle, or compost Acceptable Waste, Recyclables, Organics, and C&D Waste shall promptly notify the other Party. Said notification shall in no case take more than 24 hours after the discovery of the information. Notification shall initially be oral and shall be followed by prompt written notification. 6.2 Emergency Operations Plan. Prior to the execution of this Agreement, the Contractor shall provide to the City a written comprehensive emergency operations plan designed to provide an alternate means of providing Transfer Services, Transport Services, and Disposal Services, to process, transfer, transport and dispose of, recycle, and compost Solid Waste under this Agreement should the Contractor not be able to do so with the originally designated Transfer Facility, Disposal Facility or in the manner originally contemplated. Examples of emergencies which would give rise to use of the emergency operations plan include, but are not limited to Uncontrollable Circumstances that render the Transfer or Disposal Facility inoperable, or government regulatory action that renders the Transfer or Disposal Facility inoperable. Lack of capacity to process Solid Waste at either the Transfer or Disposal Facility due to increased Solid Waste from sources other than the City shall not constitute a valid emergency. The emergency operations plan shall be consistent with the terms of this Agreement and shall be reviewed annually and updated as necessary. A copy of the emergency operations plan is attached hereto as Exhibit "F." 6.3 Implementation of the Emergency Operations Plan. In the event that the Contractor fails or is unable to provide the Solid Waste Services which it has agreed to perform under this Agreement, or is unable to process, transfer, transport to and legally dispose of, recycle, or compost all Acceptable Waste, Recyclables, Organics, and C&D Waste at the Disposal Facility, the Contractor shall immediately implement the emergency operations plan and thereafter immediately notify the City and the Designated Haulers orally, followed by a written notification to the City at the earliest practicable time which shall not exceed 24 hours from the time the emergency operations plan was put into effect. ARTICLE 7 OWNERSHIP OF WASTE 7.1 Ownership. Title to Solid Waste delivered to the Contractor under this Agreement is in the person or entity which arranged for said delivery and provided the Solid Waste. The Contractor may obtain ownership of Solid Waste delivered to the Transfer Facility to the extent provided by law, but only to the extent that Contractor accepts and processes such Solid Waste. Notwithstanding anything to the contrary in this Agreement, title to Solid Waste shall not vest in the City. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 22 of 46 ARTICLE 8 INDEMNIFICATION 8.1 Indemnification and Hold Harmless — Non -Environmental. Contractor shall, at its sole expense, defend, indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the breach by the Contractor of any or its representations, warranties or covenants under this Agreement or the intentionally wrongful or negligent acts, errors or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Such duty to defend, indemnify, and hold harmless the City and its officers, agents, and employees shall survive the term of this Agreement. 8.2 Indemnification and Hold Harmless — Environmental. Contractor shall, at its sole expense, defend, indemnify, and hold harmless the City, its officers, agents, and employees, from any and all claims of pollution or other environmental liabilities arising out of the Transfer Services, Transport Services, and Disposal Services provided by Contractor, Contractor's agents, subcontractors, subconsultants, and employees, including any third -party service providers providing Transport Services and Disposal Services or owning any Disposal Facility(s) utilized by the Contractor, for disposal of Solid Waste under this Agreement. Such duty to defend, indemnify, and hold harmless the City and its officers, agents, and employees shall survive the term of this Agreement until the statute of limitations on any such claims expires which may last through operation, closure, and post -closure of any Transfer Facility or Disposal Facility utilized by the Contractor to provide Transfer and Disposal Services under this Agreement. 8.3 General Provisions. The following provisions are applicable to indemnification under Sections 8.1 and 8.2: A. Contractor's duty to defend, indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the intentional wrongful acts or sole negligence of City or City's agents or employees. B. Contractor's duty to defend, indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of (1) City or City's agents or employees, and (2) Contractor's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Contractor, Contractor's agents, subcontractors, subconsultants and employees. C. Contractor's duty to defend, indemnify and hold City harmless shall include, as to all claims, demands, losses and liability to which it applies, City's personnel -related costs, reasonable attorneys' fees, and the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim - related costs and expenses. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 23 of 46 D. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity under this provision extends only to claims against Contractor by City, and does not include, or extend to, any claims by Contractor's employees directly against Contractor. The Parties hereby certify that this indemnification provision was mutually negotiated and agreed to. E. Contractor and the City agree to make and pursue claims against their applicable insurance coverage for all costs and expenses related to third party claims. Nothing in this Agreement shall constitute a waiver or relinquishment of any claims either Contractor or the City may have against their respective insurers, nor shall any provision of this Agreement waive or relinquish any subrogation or contribution rights that Contractor or the City's insurers may have against another insurer or other potentially responsible party. F. In no event shall the Contractor be liable for consequential, special, or incidental damages suffered by the City. ARTICLE 9 INSURANCE 9.1. Insurance Required. Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. 9.2. Minimum Scope of Insurance. Contractor shall obtain or, as indicated below, arrange for insurance of the types described below: A. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. B. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. City shall be named as an insured under Contractor's commercial general liability insurance policy with respect to the work performed for the City. C. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 24 of 46 D. Commercial Umbrella Liability Insurance (not "excess only" Umbrella Liability Insurance). E. Pollution Liability Insurance covering bodily injury and property damage to third parties resulting from sudden or gradual pollution occurring during the course of providing any of the Solid Waste Services outlined herein. In the event Contractor utilizes a third -party service provider to provide Transport Services and Disposal Services, including any third -party owned Disposal Facility(s), Contractor shall provide or arrange for the owner of the Disposal Facility to provide the Pollution Liability Insurance required under this Agreement and shall provide evidence of or evidence that such owner has pollution liability insurance in at least the amount provided in Section 9.3(D) for losses arising from the provision of such services and use of such facility(s) for the Solid Waste Services provided under this Agreement. 9.3 Minimum Amounts of Insurance. Contractor shall maintain or, as indicated in Section 9.2(E), arrange for the following insurance limits: A. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. B. Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. C. Commercial Umbrella Liability Insurance (not "excess only" Umbrella Liability Insurance) with limits of $5,000,000 each occurrence. D. Pollution Liability (Environmental Liability) with limits of $5,000,000 to be provided by the party required to provide such insurance under Section 9.2(E). 9.4 Other Insurance Provisions. A. The insurance policies are to contain, or be endorsed to contain, the following provisions for all insurance except workers' compensation: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two Business Days of receipt by Contractor. 3. City shall be named as an additional insured. B. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. C. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 25 of 46 Agreement, Contractor shall furnish acceptable insurance certificates to the City Clerk at the time Contractor returns the signed Agreement to the City. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. Contractor shall obtain replacement insurance certificates meeting the requirements herein and furnish such replacement certificates to the City at least 30 days prior to the expiration of the insurance certificate being replaced. D. Insurance Required from Designated Haulers. The City shall, in its contracts with Designated Haulers, obligate them to obtain and keep insurance policies in force with companies and coverages as are customary in the industry. City shall provide copies of all insurance certificates for the Designated Haulers to Contractor within two Business Days of Contractor's request. ARTICLE 10 COORDINATION MEETINGS 10.1 Initial Coordination Meeting. Prior to the commencement of services under this Agreement, the Contractor, City and others requested by either Party shall meet as necessary to discuss scheduling, processes and any other matters the Parties deem appropriate. 10.2 Periodic Coordination Meetings and Reports. The City and the Contractor shall hold periodic coordination meetings, no less than annually, to review the Solid Waste Services being provided, problems and/or complaints made by third parties. Either the City or the Contractor may organize, call and notify the other Party of that meeting. If requested, either Party shall submit a written report to the other Party at least seven days before any meeting regarding operations, problems, complaints or any other matter arising under this Agreement. ARTICLE 11 DEFAULTS 11.1 Contractor Default. There shall be two classes of defaults by the Contractor in its performance under this Agreement: A. Major Default. A Major Default includes: 1. The Contractor's failure to provide Transfer Services, Transport Services and Disposal Services for all Acceptable Waste, Recyclables, Organics, and C&D Waste at the Transfer Facility and Disposal Facility or an alternate facility under Section 3.11 for a period of two consecutive Days provided such failure is not due to Uncontrollable Circumstances; 2. A release or the threat of a release by the Contractor of a Hazardous Substance, as defined by the Comprehensive Environmental Response, Compensation, and Liability Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 26 of 46 Act, 42 U.S.C. 9601 et. seq. as amended ("CERCLA"), or as defined by the Model Toxics Control Act, chapter 70.105D RCW, as amended ("MTCA"), which the City reasonably concludes, in its reasonable discretion, may constitute a release or threatened release of a hazardous substance of such a degree that the United States Environmental Protection Agency or Washington Department of Ecology would be reasonably likely to conduct a remedial action, require remedial action by the City or the generators of the Solid Waste, or impose liability on the City or generators of the Solid Waste; provided that a release or threat of release of a Hazardous Substance as described in this Section 11.1(A)(2) shall not constitute a Major Default or default by Contractor under this Agreement if Contractor: (1) has already begun and is diligently pursuing a response or remedial action as required by CERCLA or MTCA at the time of the City's determination; or (2) following notice from the City of a release or threatened release, Contractor implements a response or remedial action and diligently pursues it as required by CERCLA or MTCA; 3. The situation wherein the emergency operations plan is put into effect, whereupon, the City shall have the reasonable discretion, 10 days thereafter, to determine that Contractor is not implementing the emergency operations plan and is failing to provide Transfer Services, Transport Services, and Disposal Services for all Acceptable Waste, Recyclables, Organics, and C&D Waste in accordance with the terms of the emergency operations plan, provided such failure is not due to Uncontrollable Circumstances; 4. Except as otherwise permitted herein, the Contractor's assignment of any rights, duties or obligations under or arising from this Agreement without the prior written consent of the City, which consent shall not unreasonably be withheld, conditioned or delayed; 5. Except as otherwise permitted herein, the transfer, conveyance or assignment of a controlling ownership interest in the Contractor, without the prior written consent of the City, which consent shall not unreasonably be withheld, conditioned or delayed; or 6. The filing of any bankruptcy proceeding against or by the Contractor and subsequent proceedings thereafter whether voluntary or involuntary that prevent Contractor from providing the Solid Waste Services under this Agreement, and in the case of a bankruptcy filing against the Contractor or involuntary filing, the Contractor does not have such proceeding vacated or dismissed within 60 days after it is filed. B. Minor Default. A Minor Default includes any other failure by the Contractor to perform its obligations under this Agreement which does not constitute a Major Default. 11.2 Consequences of Contractor Defaults. A. Major Default. In the event of a Major Default, the City shall have the right, in its sole discretion, to immediately: Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 27 of 46 1. Seek and receive liquidated damages from the date of the Major Default in the amount of $4,000 per day to the date the Major Default is remedied by the Contractor or this Agreement is terminated, whichever comes first. These liquidated damages are not a penalty, but are fixed and agreed upon between the Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that the City would sustain in the event of a Major Default; 2. Terminate this Agreement upon written notice and declare that it is released from its obligations under this Agreement and may use any other method, person or entity to provide the services required under this Agreement or substitutes therefore and may seek any legal or equitable relief permitted by law; 3. Use any other method, person or entity to perform the services required under this Agreement or substitutes therefore without the Contractor being released from its obligations under this Agreement; 4. Seek the judicial remedy of specific performance; 5. Foreclose on the Surety in accordance with this Agreement. The City shall reduce the amount received from foreclosure on the Surety by the amount of any liquidated damages received; or 6. Pursue any combination of the foregoing or any other remedy provided under this Agreement or by law. B. Minor Default. In the event of a Minor Default, the Contractor or Surety shall be permitted to remedy the Minor Default within 30 days of the City sending written notice and if Contractor does not remedy the Minor Default within such time period, or if such Minor Default is not susceptible to cure within such 30 day period, if Contractor shall fail to commence and diligently pursue such cure to completion within the period of time which is reasonably necessary to complete such cure, then the Contractor shall pay to the City liquidated damages in the amount of $1,000 per day from the date that is the last day of such 30 day or reasonable cure period to the date the Minor Default is remedied. These liquidated damages are not a penalty, but are fixed and agreed upon between the Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that the City would sustain in the event of a Minor Default. If the Minor Default is not remedied within 30 days after the expiration of the initial 30 day or reasonable cure period, the City may, at its sole discretion: 1. Terminate this Agreement and obtain alternative services; 2. Seek the judicial remedy of specific performance; 3. Foreclose on the Surety in accordance with this Agreement. The City shall reduce the amount received from foreclosure on the Surety by the amount of liquidated damages received; or Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 28 of 46 4. Pursue any combination of the foregoing or any other remedy provided under this Agreement or by law. If a Minor Default is not remedied within 90 days of its occurrence, the City may, at its sole option, exercise any of the remedies set forth for remedy of a Major Default under this Article. 11.3 Default Procedure. A. Notice of Default. Except as otherwise provided for in this Agreement, the City's representative shall give written notice to the Contractor's representative and its Surety provider of the City's determination of default and intention to declare the Contractor in default. The Notice shall specify the factual basis for the determination of default, the effective date of the determination of default, and the remedy(s) selected by the City. B. Show Cause. The Contractor may request to show cause why it should not be declared in default, which may be allowed in the sole discretion of the City. In the event the City allows the Contractor to show cause, the Contractor shall provide written explanation to the City Manager, City Representative, and a third member from the City selected by the City Manager and City Representative. After considering the written explanation, the City Manager, City Representative and third City member shall confer and may declare the Contractor in default and notify the Contractor and Surety provider of such declaration. Any appeal of such determination shall be resolved through litigation filed in the Superior Court of Spokane County, Washington. C. Cure and Appeal. For Minor defaults, the time period for curing such defaults shall begin to run on the date the City gives initial notice of default, or in the event the Contractor elects to show cause, on the date of the final declaration of default. Absent a specific order from a superior court judge, the remedy(s) sought by the City and time period for cure as allowed under this Agreement shall not be stayed pending the appeal process. 11.4 City Default. A. General. For each and every event of default by the City, the City shall be permitted to remedy the default within 30 days of the Contractor sending written notice and if the City does not remedy the default within such time period, or if such default is not susceptible to cure within such 30 day period, if the City shall fail to commence and diligently pursue such cure to completion within the period of time which is reasonably necessary to complete such cure, the Contractor shall have available to it all remedies to the extent provided by law. B. Actual Damages. For each and every default by the City, the Contractor, in its discretion, shall be entitled to recover its actual reasonable damages. Except as otherwise set forth in this Agreement, nothing herein shall create an obligation for the City to pay for any of the Solid Waste Services to be provided under this Agreement. 11.5 No Waiver by City. Nothing in this Agreement, and no actions taken pursuant to this Agreement, shall constitute a waiver or surrender of any immunities, rights, remedies, claims, or causes of action the City may have against the Contractor or its Surety provider under Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 29 of 46 any other provision of this Agreement or any provision of law, subject to the terms of this Agreement. ARTICLE 12 DISPUTES 12.1 Informal Negotiation. Should a dispute arise between the Parties, they shall initially attempt to resolve the dispute through informal discussion and negotiations. Each Party may designate one or more representatives for such discussions and negotiations. Each Party shall use good faith efforts to attempt to resolve the dispute through such discussions and negotiations. 12.2 Mediation. If the Parties cannot resolve the dispute through informal discussions and negotiations, either Party may submit a dispute notice to the other that they believe the negotiations cannot resolve the dispute and mediation is required. A dispute notice may not be submitted until at least 30 days have passed since informal discussion and negotiations began. Within 7 days from the dispute notice, the Parties shall by agreement select and designate a trained mediator to serve as a mediator in the dispute. The mediator so designated shall fix the time and place for the mediation, which date shall not be later than 14 days from the date the mediator was selected, and shall give the Parties at least five Business Days written notice of the initial mediation session. The mediator shall meet with the Parties until either (A) the dispute is resolved, or (B) the mediator determines that further meetings will not likely result in a resolution by agreement. 12.3 Judicial Review. Any dispute that cannot be resolved under the informal negotiation or mediation process shall be resolved by litigation filed in the Superior Court for Spokane County, Washington, unless otherwise required by federal or state law. 12.4 Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be Spokane County, State of Washington. 12.5 Cost and Attorney's Fees. The prevailing Party in any litigation arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). Costs of mediation shall be born equally by both Parties. ARTICLE 13 CONTRACTOR 13.1 Contractor as Independent Contractor. The Contractor shall perform all work under this Agreement as an independent contractor. The Contractor is not and shall not be considered an employee, agent, sub -agent or servant of the City for this Agreement or otherwise; the Contractor's subcontractors, employees or agents are not and shall not be considered employees, agents, sub -agents or servants of the City for this Agreement or otherwise. The Contractor shall have exclusive control of and the exclusive right to control the details of the Solid Waste Services and work performed under this Agreement and the City shall have no ability to control the day-to-day operation of the Transfer Facility, or the provision of Solid Waste Services. The Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 30 of 46 City shall not be responsible for any injuries, accidents or other mishaps associated with the Transfer Facility's operations, the provision of Solid Waste Services, or the operations of any subcontractor or third -party service provider. The Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees and subcontractors. Nothing in this Agreement shall be construed as creating a partnership or joint venture between the Contractor and the City or as giving the City a duty to supervise or control the acts or omissions of the Contractor or any other person performing services or work under the Agreement. 13.2 Use of Subcontractors or Third -Party Service Providers. The Parties have contemplated the Contractor's use of third -party service providers or subcontractors for the provision of some or all of the Solid Waste Services to be provided pursuant to this Agreement. The Contractor shall provide names and contact information for all third -party service providers or subcontractors to the City prior to such providers or subcontractors commencing any work. The use of third -party service providers or subcontractors shall not relieve the Contractor from any of its responsibilities under this Agreement and Contractor shall be liable for any failure of the third -party service provider or subcontractor to perform which causes a default under this Agreement. 13.3 Cooperative Services. This Agreement may be used by other government agencies. By entering into this Agreement, the Contractor agrees to make substantially the same Agreement services, terms, and fee rates available to other such governmental agencies if they so desire, subject to issues specific to the other governmental agencies, including but not limited to changes necessary due to greater or lesser tonnage amounts (e.g., modifications to the performance bond amount or liquidated damages) and the particular administrative fee that may be sought. The City shall in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of purchases or services received by such agencies. ARTICLE 14 SUCCESSORS; ASSIGNMENT 14.1 Contractor Delegation. The City executes this Agreement with the Contractor as a uniquely qualified party to provide the Solid Waste Services. The Contractor's delegation of any Agreement duties shall be subject to this Agreement. Any delegation of duties shall not relieve the Contractor or the Surety provider of any liability and/or obligation under this Agreement. 14.2 Assignment. Except as Solid Waste Services may be provided by subcontractors or third -party service providers in accordance with Sections 3.3, 3.4 or 13.2, this Agreement is not assignable voluntarily, involuntarily or by process of law, without the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. Unless specifically approved in writing by the City, any assignment shall not relieve the Contractor of its obligations, duties and liabilities hereunder. 14.3 Asset in Bankruptcy. In no event shall this Agreement be, or be treated as, an asset of the Contractor after adjudication of bankruptcy. The City shall not be bound to this Agreement by any trustee or receiver appointed to enter into or take possession of the Transfer Facility or otherwise. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 31 of 46 14.4 Transfer of Ownership. Except as provided below, there shall be no transfer of a controlling ownership interest in the Contractor without the prior written approval of the City, which consent shall not be unreasonably withheld, conditioned or delayed. For purposes of this section, "transfer of a controlling interest in the Contractor" shall mean the transfer or assignment of 49 percent or more of the beneficial ownership of the Contractor to or from a single entity; however, the following transfers or assignments shall not be construed as a "transfer of a controlling interest in the Contractor": transfers or assignments between individuals who own, in whole or in part, the Contractor or the parent company or any subsidiary of Contractor, including transfers or assignments between or to (1) the individuals who own, in whole or in part, the Contractor or such parent company or any subsidiary, (2) the spouses, surviving spouses and linear descendants (including adopted children) of the persons described in (1) above, (3) a trust, estate, corporation, partnership, or other entity owned by or for the persons described in (1) or (2) above, and (4) a corporate trustee designated to act in a fiduciary capacity for the estate or trust of any person described in (1) or (2) above. Notwithstanding the foregoing, the City may, in its discretion, determine that new ownership can adequately and faithfully render the Solid Waste Services called for in this Agreement for the remaining term of this Agreement, and the City may elect to execute a novation, allowing new ownership to assume the rights and duties of this Agreement and releasing the previous ownership from all obligations and liability. The new ownership would then be solely liable for any Solid Waste Services and/or claims related to this Agreement. 14.5 Binding Effect. This Agreement shall be binding on any and all successors or assignees unless and until terminated by the City in accordance with the terms of this Agreement. ARTICLE 15 TERM 15.1 Term of Agreement. This Agreement shall commence on the Effective Date, and, unless extended pursuant to Section 15.2, shall automatically expire on December 31, 2024. 15.2 Extension. This Agreement may be extended by mutual written consent of the Parties for two three-year increments under the same terms and conditions as provided herein. The City shall give at least 180 days' written notice prior to the expiration of the applicable term of its desire to (A) extend this Agreement under the same terms and conditions, (B) terminate this Agreement and renegotiate a new agreement, or (C) terminate this Agreement. The Contractor shall provide a written response within 30 days of receipt of the City's notice. The Contractor's response shall (A) accept the extension, (B) decline the extension under the same terms and state the Contractor's desire to negotiate a new agreement, or (C) acknowledge termination of the Agreement as provided in Section 15.1. If the Parties desire to negotiate a new agreement, this Agreement may be extended under the same terms and conditions as provided herein until the effective date of the new agreement with written mutual consent of both Parties. 15.3 Termination. Except as provided in Article 11 — Defaults, this Agreement may be Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 32 of 46 terminated prior to the complete term only upon written mutual agreement by the Parties. ARTICLE 16 CONTRACTOR AND CITY REPRESENTATIVES; NOTICES 16.1 Emergency Contact. The Contractor and the City shall each designate and provide, for the term of this Agreement, a 24-hour emergency contact telephone number. The emergency contact telephone number shall be provided in writing to the representatives of each Party prior to the effective date of this Agreement. 16.2 Contractor Representative; Notices. For purposes of receiving notices, the Contractor's representative is: Marc B. Torre President Sunshine Recyclers, Inc. dba Sunshine Disposal & Recycling 2405 North University Road Spokane Valley, Washington 99206 Email: marct@sunshinedisposal.com Telephone: 509 252-9060 Telefax: 509 252-9069 All notices, other than notifications of emergencies, shall be in writing to the Contractor' s representative at the physical or electronic mail addresses provided above. 16.3 City Representative; Notices. All notices, other than notifications of emergencies, shall be in writing to the City at the following address: City of Spokane Valley Attn: City Clerk 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 The City Manager, or his or her designee, shall receive the notices and carry out the responsibilities of the City Representative provided herein. 16.4 Representatives for Notices Only. The representatives identified in Sections 16.2 and 16.3 shall not have the authority to alter this Agreement or bind either Party to any terms not contained in this Agreement. 16.5 Change in Representative. The Parties shall promptly notify each other in writing of any change in the person designated as the Contractor's or the City's representative or any change in address for receipt of notification. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 33 of 46 ARTICLE 17 MISCELLANEOUS 17.1 Applicable Law. This Agreement shall be administered, construed and enforced in accordance with the laws of the State of Washington. 17.2 Entire Agreement. This Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. 17.3 Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of any value from any person with an interest in this Agreement. 17.4 Time of Essence. Time limits stated in this Agreement are of the essence. No waiver of the Agreement time limits or schedule dates is to be implied from either Party's failure to object to untimely performance under this Agreement. Any waiver of time limits or schedules shall not be construed as a waiver of future time limits or schedules. 17.5 No Third Party Beneficiaries. This Agreement is entered into by the City in its governmental capacity and is not intended nor does it create any third party beneficiary or other rights in any private person, company, entity, or other organization, nor does it create any third party beneficiary or other rights in any public municipality or other governmental entity except as otherwise provided herein. 17.6 Amendment. Except as otherwise provided herein, this Agreement may only be amended in writing by both Parties. 17.7 Waivers. No officer, employee, agent or other individual acting on behalf of either Party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 17.8 Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 17.9 Exhibits. Exhibits attached and incorporated into this Agreement are: A. Transfer Facility, Disposal Facility, Times and Days B. Education and Public Outreach Programs Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 34 of 46 C. Performance Standards D. Customer Service Plan E. Form of Surety F. Emergency Operation Plan G. Insurance Certificates Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 35 of 46 The Parties have executed this Agreement this 4th day of June, 2014. CITY OF SPOKANE VALLEY AT ES City Manager hristine Bainbridge, City Clerk Contractor: By: Marc Torre Its: Authorized Representative APPROVED AS TO FORM: Office of 3ihe City Attorney Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 36 of 46 Exhibit "A" Transfer Facility The Contractor has identified the following as the Transfer Facility: The Sunshine Transfer Station and Recycle and MRW Station located at 2405 North University Road, Spokane Valley, Washington 99206. Operation of Transfer Facility The Contractor shall provide Transfer Services at the Transfer Facility to allow Self Haulers and Designated Haulers to deliver Solid Waste during the following days and times: Monday through Sunday, 7:30 a.m. through 5:00 p.m., excluding the following designated holidays: New Years' Day, Memorial Day, Easter, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. Disposal Facility The Contractor has identified that Acceptable Waste, C&D Waste, and Special Waste shall be disposed of at one or more of the following sites: Wenatchee Landfill, 191 Webb Road, Wenatchee, Washington 98802 Roosevelt Regional Landfill, 500 Roosevelt Grade Road, Roosevelt, Washington 99356 Graham Road Landfill, South 1820 Graham Road, Medical Lake, Washington 99022 Recyclables, Organics, and MRW shall be recycled, composted, and disposed of at one of the sites listed above or other sites as determined by market rates and in accordance with applicable Federal, State, and local law. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 37 of 46 Exhibit "B" Education and Public Outreach Programs City and Contractor shall collectively work together to develop an education campaign. The City shall be responsible for all costs of providing education related to the Solid Waste Services provided by Contractor herein. The Parties shall develop an educational campaign that outlines the operations of the Transfer Facility, including location, hours of operation, services provided, and customer service hotline number and the date for commencement of services. Such campaign shall be made to fully inform the citizens of the City and may include brochures mailed to all households and businesses within the City, postings at the scale houses of the Transfer Facility, publication or inclusion of advertisement inserts in local newspapers, and radio advertisements. The education campaign shall begin no later than September 1, 2014 and shall run at least through commencement of services on November 17, 2014. City and Contractor shall develop a website detailing operations of the Transfer Facility, including location, hours of operation, services provided, and customer service hotline number. The Parties may utilize the existing websites for the City and Contractor, provided both shall be updated to reflect the Solid Waste Services provided herein. Contractor shall work with City to assist it in providing ongoing education on recycling and waste diversion options, which may include providing materials and outreach visits to schools within the City, brochures, and material on the website. Contractor shall work with City to assist it in providing ongoing education on Unacceptable Waste and locations and methods to properly dispose of Unacceptable Waste on the website and by materials, such as brochures or postings, available at the Transfer Facility. Notwithstanding anything in this Exhibit B, City shall be responsible for costs of all educational materials. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 38 of 46 Exhibit "C" Performance Standards In performing the services under this Agreement, Contractor agrees to the following: 1. All interior access drives, parking areas and vehicle maneuvering areas shall be paved. 2. The Transfer Facility shall be fenced to prevent unauthorized access during non-operating hours and to prevent off-site migration of litter. 3. Adequate commercial grade and professional -looking signage, traffic control devices (such as cones or jersey barriers) and Transfer Facility personnel shall be provided to direct Designated Haulers and Self Haulers to the appropriate tipping areas. 4. Sufficient equipment shall be provided at all times to handle Solid Waste and to efficiently and safely operate the Transfer Facility. 5. Contractor shall ensure a sufficient number of employees shall be provided, on hand and working at all times so as to handle all Solid Waste being directed to the Transfer Facility, including a sufficient number of employees to accept and process MRW and Recyclables, to efficiently and safely operate the Transfer Facility, and to assist Self Haulers with the proper unloading of Solid Waste. 6. Contractor shall meet the objectives and requirements of the Customer Service Plan on Exhibit "D." 7. Acceptable Waste shall be removed continuously throughout the operating day to reduce potential for odors and to provide adequate tipping floor space for Designated Haulers and Self Haulers. Acceptable Waste shall be removed from the Transfer Facility tipping floor within 72 hours of its acceptance by the Contractor. 8. The tipping floor and public access areas shall be cleaned as necessary to prevent build-up of Solid Waste residues and to provide Designated Haulers and Self Haulers with a safe and orderly Transfer Facility. 9. The Transfer Facility and University and Oberlin Road in the vicinity of the Transfer Facility shall regularly be patrolled to collect litter. 10. Contractor shall use its good faith efforts to process Designated Haulers and Self Haulers in an efficient and timely manner so that processing times are reasonable given the then- occurring volume of haulers. The Parties agree that in normal operating conditions, on-site processing times (including vehicle queuing) for Designated Haulers and Self Haulers shall be no more than 30 minutes. 11. Contractor shall ensure that no vehicles are queued into Montgomery Avenue except to the Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 39 of 46 extent such queuing arises from Uncontrollable Circumstances. 12. Snow accumulations shall be promptly cleared and/or removed to permit Designated Haulers and Self Haulers reasonable access to and use of the Transfer Facility. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 40 of 46 Exhibit "D" Customer Service Plan 2405 N University Road Spokane Valley, WA 99206 (509) 924-5678 Customer Service is essential when providing safe, efficient and economical recycling and disposal services. It is the Goal of Contractor to answer questions and resolve customer issues at the initial point of contact with our employees and/or managers. The following procedures will be utilized at the Spokane Valley University Road Transfer Station, which has been identified as the primary Transfer Facility. Customer Service Center Customer Service Center Location Contractor owns and operates a Customer Service Call Center located at 2405 N. University Road in the Spokane Valley. The call center services only Contractor's customers and is the focal point for all questions and concerns regarding refuse collection and transfer station operations. The Call Center operates from 8:00 am to 5:00 pm Monday through Friday. The Call Center is closed on major holidays which include: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas. Customer Service Structure Staffing levels at our Customer Service Center are determined by call volume. Contractor is committed to adjusting the staffing levels at our Customer Service Center to ensure timely response to all phone inquiries. All staffing is hired locally. The current staff level consists of (1) Chief Financial Officer, (1) supervisor, (4) customer service representatives and (3) scale house operators. Customer Service Operations Our locally hired Call Center Representatives (CSR's) bring with them a familiarity of how refuse is collected and disposed of within Spokane County. They also have a basic understanding of the road networks of the communities they serve. For this reason they are better equipped to connect with the customer they are assisting by answering their questions more quickly and accurately. Each CSR station is equipped with a networked computer to assist them with answering questions and documenting customer questions and complaints. This system allows for the documented questions and complaints to be sent to managers in the field or at the corporate level. Having this ability assists us in addressing the needs of the customer in real time. Performance by our CSR staff is measured by a regular review by the senior customer service specialist of all account changes made during the previous day. Calls are periodically monitored to ensure our staff is correctly trained to resolve customer inquiries. We utilize side by side Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 41 of 46 monitoring to provide our staff immediate feedback. Calls are answered in approximately 20 seconds. During periods of heavier call volume, customers have the choice to receive a return phone call. They can simply input their phone number into our system and not lose their place in queue. In the event a CSR is unable to answer a customer's question or resolve an issue the CSR has the ability to route the customer call to the senior customer service specialist or a manager. In the event the manager is not available he/or she will return the customers call as soon as possible or by the end of the business day. Spokane Valley University Road Transfer Station Website To assist customers with answering questions and resolving issues Contractor will have a website solely devoted to the Spokane Valley University Road Transfer Station. The website will explain how each component of the Transfer Station functions: its hours of operation, commonly asked questions, and how to contact us. In the section regarding on How to Contact Us there will be a Call Center phone number and listed e-mail address. The e-mail address will be routed to the Call Center for answering questions and concerns by the CSR's. The CSR's will check for e-mails from the website throughout the day and before the close of business. E-mails addressed to managers will go through the CSRs first before being routed on. In the event the manager is not available he/or she will return the customer's e-mail as soon as possible or by the end of the business day. Scale House Attendants It is the function of the Scale House Attendants to weigh vehicles entering and exiting the Transfer Station, answering customer questions, giving directions, coordinating traffic and receiving money. To assist the scale house attendants with moving customers through the facility all scale houses will be equipped with brochures that explain Transfer Station operations. In the event a scale house attendant cannot answer a customer's question or resolve an issue the scale house attendant will notify the onsite supervisor. The onsite supervisor will work with the customer to answer the question or resolve the issue. If there is a dispute over money between the Scale House Attendant and a customer, the internal scale house camera will be reviewed by the onsite manager for resolution. Spotter/Screener It is the function of the Spotter/Screener to make sure all customers are disposing of items that Contractor can legally accept. In the event that an item cannot be disposed, the onsite manager will be contacted to discuss this issue with the customer. The ultimate goal of the conversation is to find a solution to their disposal needs. It is also the responsibility of the spotter/screener to educate and assist customers with recycling, Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 42 of 46 directing traffic and assuring that safety policies related to the public and commercial customers are being followed. Moderate Risk Waste Technician It is the function of the Moderate Risk Waste Technician to assist the public with handing their moderate risk waste. In the event we receive a hazardous waste material that we cannot legally accept the onsite supervisor will be called to discuss this issue with the customer. The ultimate goal of the conversation is to find a solution to their disposal needs. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 43 of 46 Exhibit "E" Form of Surety Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 44 of 46 PERFORMANCE BOND Annual Form Bond Ntunber: WAC48217 KNOW ALL BY THESE PRESENTS, That we Sunshine Recyclers, Inc. , as Principal, and Merchants Bonding Company (Mutual) , of Iowa , authorized to do business in the State of Iowa , as Surety, are held and firmly bound unto City of Spokane Valley as Obligee, in the maximum penal sum of One Million and no/100ths Dollars 01,000,000.00 ( ), lawful money of the United States of America, for which payment well and truly to be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by this Bond. WHEREAS, the Principal has entered, or is about to enter, into a written agreement with the Obligee to perform in accordance with the terns and conditions of the Solid Waste Transfer. Transport, and Disposal Services referred to as the Contract), said Contract is hereby referred to and made a part hereof; NOW, 'THEREFORE, the condition of this obligation is such that If the above named Principal, its successors and assigns, shall well and truly perform its obligations as set forth in the above mentioned Contract, then this Bond shall be void; otherwise to remain in full force and effect pursuant to its terms. Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express conditions 1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of June 16, 2014 to June 15,2015 . The Bond may be extended, at the sole option of the Surety, by continuation certificate for additional periods from the expiry date hereof. However, neither: (a) the Suretys decision not to issue a continuation certificate, nor (b) the failure or inability of the Principal to file a replacement bond or other security in the event the Surety exercises its right to not renew this Bond, shall itself constitute a loss to the Obligee recoverable under this Bond or any extension thereof. 2. The above referenced Contract has a term ending June 15, 2015 . Regardless of the number of years this Bond is in force or the number of continuation certificates issued, this Bond shall not be extended beyond .tape 15,2015 , unless earlier nonrenewed pursuant to paragraph 1 above. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year from termination or expiration of the bond term. 4. Regardless of the number of years this Bond is in force or the number of continuation certificates issued, the liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider. 5. Any notice, demand, certification or request for payment, made under this Bond shall be made in writing to the Surety at the address specified below. Any demand or request for payment must be made prior to the expiry date of this Bond. , (hereinafter Surety Address: Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, Iowa 50321-1158 Attn: Claims Department 6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and as described in the underlying Contract, then the terms of this Bond shall prevail. SIGNED, SEALED AND DATED this 15th day of, CON 0685 (4/13) June ,2014 Sunshine Recycters, Inc. By: iv erchants Bonding Company (Mutual) <w--- ° Th w mas VA Davis , Principal , Attorney -in -Fact MERCHANTS BONDING COMPANY'., POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Jaclyn R Kruse; John R Mostoller; Maria J Davenport; Michael Button; Pamela R Urlacher; Susan L Bynum; Thomas VA Davis; William H Davis of Spokane and State of Washington their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: THREE MILLION ($3,000,000,00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and alt the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney Is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in•Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the. Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this • • `'M •''diPOlpq A'?p':. �• �4?O�P09q'�g2: -.: .,p.. u ° r-: - -o- •b ?fit. 2003 •�.~ g ��, •yN 1 v 1933 ,.y• By STATE OF IOWA COUNTY OF POLK ss. 4th day of October , 2013. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. de" 7:7/4"'' President On this 4th day of October , 2013, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument Is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALT Commission Number 770312 • My Commission Expires ow October October 28, 2014 STATE OF IOWA COUNTY OF POLK se. Notary Public, Polk County, lova I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which Is still in full force and effect and has not been amended or revoked. Iriytiy this 1 idld ayof POA 0014 (11/11) and affixed the seal of the Companies on ••••••• • •1C): *' 1 � • ;ar”: -a- z r^; ; 1933 ;" •• • y• • ..e . •. .• •°•....•• Secretary Exhibit "F" Emergency Operations Plan Transfer Facility The Kootenai County Solid Waste Department has agreed to allow Sunshine Disposal & Recycling to direct refuse trucks to Prairie Transfer Station for loading of intermodal containers and/or transfer trailers on an emergency basis. The Prairie Transfer Facility is located at 15580 W Prairie Ave, Post Falls, ID 83854. The Prairie Transfer Station is an emergency back up to Sunshine's Spokane Valley University Road Transfer Station and will only be utilized if there are circumstances that prohibit the University Road Transfer Station from accepting waste from the designated hauler as provided in Article 6. The emergency operations plan anticipates that the public will be allowed to continue to utilize the Spokane Valley University Road Transfer Station. If the emergency plan has to be activated, Sunshine will provide Self -Haulers access to front load and roll off containers to fulfill the Self -Haul customers disposal needs. These containers will be serviced by Contractor's refuse trucks which will also be routed to the Prairie Transfer Station. Disposal Facility Contractor utilizes and has access to different regional landfills throughout the Northwest as its Disposal Facility, including the Greater Wenatchee Regional Landfill, Graham Road Regional Landfill, and Roosevelt Regional Landfill. If a regional landfill experiences an event that prohibits receipt of Acceptable Waste, pursuant to Article 6, the Emergency Operations Plan will to be activated and the Acceptable Waste will be diverted to an alternative landfill. Contractor will divert Acceptable Waste to the back-up landfill until the primary landfill re -opens for receipt of Acceptable Waste. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 45 of 46 Exhibit "G" Insurance Certificates Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 46 of 46 SUNSDIS-01 LSCALES dA4:1-4C=PATLECERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYWY) 5/5/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Moloney, O'Neill, Corkery & Jones Inc 818 W Riverside #800 Spokane, WA 99201 CONTACT NAME: PHONE 509 325-3024 FAX 509 325-1803 (509) (A/C, No): ( ) mitExt): DRIESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Liberty Northwest Insurance Corp LIABILITY COMMERCIAL GENERAL LIABILITY INSURED Sunshine Disposal, Inc 11320 W. McFarlane Rd Airway Heights, WA 99001 INSURER B : C07170065 INSURER C: 09/01/2014 INSURER D : $ 1,000,000 INSURER E : $ 300,000 INSURER F : $ 10,000 CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSR TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X C07170065 09/01/2013 09/01/2014 EACH OCCURRENCE $ 1,000,000 pREMISEa?ERa odour ence) $ 300,000 MED EXP (Any one person) $ 10,000 CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE POLICY X LIMIT APPLIES PROOT JE PER: X LOC $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON OS-OWNED C07170065 09/01/2013 09/01/2014 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (PER ACCIDENT) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE C07170065 09/01/2013 09/01/2014 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 $ DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEY/N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A C07170065 09/01/2013 09/01/2014 WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space Is required) City of Spokane Valley is additional insured (primary and non-contributory) under General Liability with respect for ongoing operations performed for the City per form CG8416 12/03 attached. CANCELLATION Cityof Spokane Valle p y 11707 E. Sprague Ave, Suite 106 Spokane Valley, WA 99206 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and Togo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 8416 12 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY MASTER PAK PLUS® FOR CONSTRUCTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX Subject Page Blanket Additional Insured (Owners, Lessees or Contractors) 2 Fire, Lightning, Explosion and Sprinkler Leakage Damage to Premises You Rent 3 Non -Owned Watercraft 4 Supplementary Payments (Bail Bonds) 4 Personal And Advertising Injury - Electronic Publication Extension 5 Aggregate Limits (Per Location) 5 Aggregate Limits (Per Project) 5 Voluntary Property Damage Coverage 6 Off Premises Care, Custody or Control Coverage 6 Newly Formed or Acquired Organizations 7 Duties in the Event of Occurrence, Offense, Claim or Suit 7 Bodily Injury (Mental Anguish) 8 Waiver of Transfer of Rights of Recovery Against Others 8 Medical Payments 8 Broad Named Insured 8 Broadened Mobile Equipment 8 Incidental Malpractice Liability 8 Non -Owned Aircraft 9 Property Damage - Elevators 9 CG 841612 03 E 600 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 9 1. BLANKET ADDITIONAL INSURED (Owners, Lessees Or Contractors) (Includes a Primary/Non-Contributory provision) Section II - Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy in a written contract or written agreement. The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the "bodily injury," "property damage" or "personal and advertising injury." The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability: 1. Arising out of real property, as described in a written contract or written agreement, that you own, rent, lease or occupy; or 2. Caused by your ongoing operations performed for the additional insured. The insurance provided the additional insured in 1.A.2. above does not apply to: a. Coverage A - Bodily Injury and Property Damage Liability, Coverage B - Personal and Advertising Injury Liability or defense coverage under the Supplementary Payments arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) that was performed by or on behalf of the additional insured(s) at the site where the covered operations have been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. B. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section 11I - Limits Of Insurance of this policy, whichever are Tess. These limits are inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of the additional insured. CG 841612 03 E 601 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 2 of 9 D. As respects the coverage provided to the additional insured under this endorsement, Section IV - Conditions is amended as follows: 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim, or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense, that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 2. The following is added to Condition 3. Legal Action Against Us: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 3. The following is added to Paragraph a., Primary Insurance of Condition 4. Other Insurance: If the additional insured's policy has an Other Insurance provision making its policy excess, and a Named Insured has agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 4. The following is added to Paragraph b., Excess Insurance of Condition 4. Other Insurance: Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available for an "occurrence" by virtue of also being an additional insured on other policies, this insurance is excess over those other policies. 2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A. The last paragraph of 2. Exclusions of Section I - Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. B. Paragraph 6. of Section III - Limits Of Insurance is replaced by the following: 6. Subject to 5. above, the higher of $300,000 or the Damage To Premises Rented To You Limit shown in the Summary of Limits and Charges section of this policy is the most we will pay under Coverage A for damages because of "property damage" to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, "explosion" or sprinkler leakage incident. CG 8416 12 03 E 602 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 3 of 9 C. Paragraph b.(1)(b) of Condition 4. Other Insurance (Section IV — Conditions) is replaced by the following: (1) That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; D. Paragraph 9.a. of the definition of "insured contract" in Section V- Definitions is replaced by the following: 9. "Insured contract" means: a. A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; E. The following definition is added to Section V - Definitions: "Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion" does not include any of the following: 1. Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; 2. Rupture or bursting of water pipes; 3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or 4. Rupture or bursting caused by centrifugal force. 3. NON -OWNED WATERCRAFT Subparagraph g.(2) of Paragraph 2., Exclusions of Section I - Coverage A is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 4. SUPPLEMENTARY PAYMENTS In the Supplementary Payments - Coverages A and B provision: The limit for the cost of bail bonds in Paragraph 1.b. is changed from $250 to $1000. CG 841612 03 E 603 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 4 of 9 5. PERSONAL AND ADVERTISING INJURY - ELECTRONIC PUBLICATION EXTENSION Paragraphs 14.b., d. and e. of Section V - Definitions are replaced by the following: b. Malicious prosecution or abuse of process; d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; The following is added to Paragraph 14. "Personal and Advertising Injury" of Section V - Definitions: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) An insured; or (b) Any "executive officer" director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. Subparagraphs b. and c. of 2., Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material whose first publication took place before the beginning of the policy period; 6. AGGREGATE LIMITS OF INSURANCE (PER LOCATION) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting Tots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your projects away from premises owned by or rented to you. CG 8416 12 03 E 604 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 5 of 9 8. VOLUNTARY PROPERTY DAMAGE COVERAGE At your request, we will pay for "loss" to property of others caused by your business operations. The most we will pay for this coverage is $500 each "occurrence." The "loss" must occur during the policy period. The "occurrence" must take place in the "coverage territory". "Loss" means unintended damage or destruction. "Loss" does not mean disappearance, abstraction or theft. This coverage does not apply to: 1. Damage arising out of the use of any "auto' ; 2. Property you own, occupy, rent or lease from others; or 3. Property on your premises for sale, service, repair or storage. None of the other policy exclusions apply to this coverage. If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this deductible. 9. OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE A. We will pay those sums that you become legally obligated to pay as damages because of "property damage" to personal property of others while in your or your "employees" care, custody or control or real property of others over which you or your "employees" are exercising physical control if the "property damage" arises out of your business operations. This Coverage is subject to sections B., C., D. and E. below. B. Exclusions This insurance shall not apply to: 1. "Property damage" of property at premises owned, rented, leased, operated or used by you; 2. "Property damage" of property while in transit; 3. The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf; or (b) Any product manufactured, sold or supplied by you, unless the "property damage" is caused directly by you after delivery of the product or completion of the work and resulting from a subsequent undertaking; or 4. "Property damage" of property caused by or arising out of the "products -completed operations hazard". C. Limits Of Insurance - The most we will pay for "property damage" under this Section 9. is $25,000 for each "occurrence". The most we will pay for the sum of all damages covered under this Section 9. because of "property damage" is an annual aggregate limit of $25,000. The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any other limits provided in the policy or endorsements attached to it. D. Deductible - We will not pay for "property damage" in any one "occurrence" until the amount of "property damage" exceeds $250. If the policy to which this endorsement is attached contains a "property damage" deductible, that deductible shall apply if it is greater than $250. E. In the event of "property damage" covered by this endorsement, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CG 8416 12 03 E 605 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 6 of 9 10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS A. Paragraph 4. of Section II - Who Is An Insured is deleted and replaced by the following: 4. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: a. Coverage under this provision applies only until the expiration of the policy period in which the entity was acquired or incorporated or organized by you. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you. c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you. d. Records and descriptions of operations must be maintained by the first Named Insured. B. This Section 10. does not apply to newly formed or acquired organizations if coverage is excluded either by provisions of the Coverage Part or by other endorsement(s) attached to it. 11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT A. The requirements in Section IV - Conditions, Paragraph 2.a., that you must see to it that we are notified of an "occurrence" applies only when the "occurrence" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager, if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. B. The requirements in Section IV - Conditions Paragraph 2.b. that you must see to it that we receive written notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. Knowledge of an "occurrence," claim or "suit" by the agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent, servant or "employee". 12. BODILY INJURY Paragraph 3. of the definition of "bodily injury" in the Section V - Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. CG 841612 03 E 606 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 7 of 9 13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded, the Medical Expense Limit provided by this policy shall be the greater of: A. $10,000; or B. The amount shown in the Declarations. 15. BROAD NAMED INSURED Paragraph 2.a.(1)(d) of Section 11- Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services to your employees. 16. BROADENED MOBILE EQUIPMENT Paragraph 12.f.(1) of Section V - Definitions is replaced by the following: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater; 17. INCIDENTAL MALPRACTICE LIABILITY Paragraph 3. of Section V - Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness, disease or "incidental medical malpractice" sustained by a person, including mental anguish or death resulting from any of these at any time. The following is added to Section V - Definitions: 23. "Incidental medical malpractice" means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services to your employees, provided you are not engaged in the business or occupation of providing any services referred to in this definition. 18. NON -OWNED AIRCRAFT The following is added to Subparagraph g. of 2., Exclusions of Section 1- Coverage A Bodily Injury And Property Damage Liability: (6) An aircraft with a paid crew, that is hired, chartered or loaned but is not owned by any insured. CG 841612 03 E 607 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 8 of 9 19. PROPERTY DAMAGE - ELEVATORS The following is added to Subparagraph j. of 2., Exclusions of Section I - Coverage A Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclusion do not apply to damages that result from the use of elevators. All other terms and conditions of your policy remain unchanged. CG 8416 12 03 E 608 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 9 of 9 STAT OE W'ASH1NG ON Department of Labor & Industries Certificate of Workers' Compensation Coverage May 5, 2014 WA UBI No. L&I Account ID Legal Business Name Doing Business As Workers' Comp Premium Status: Estimated Workers Reported (See Description Below) Account Representative Licensed Contractor? 602 000 782 462,631-01 SUNSHINE RECYCLERS INC SUNSHINE RECYCLERS INC Account is current. Quarter 1 of Year 2014 "11 to 20 Workers" TO / CAROLYN CRAWFORD (360)902- 4715 - Email: CRAI235@in.wa.gov No What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See Raw 51.12.050 and 51.16.190). -4, .�CERTIFICATELIABILITY I U IVC DATE(MM/DD/YYYY) 05/27/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Southwest, Inc. Dallas TX Office CityPlace Center East 2711 North Haskell Avenue Suite 800 Dallas TX 75204 USA CONTACT NAME: (NC. No. Ext): (866) 283-7122 FAX No.): 800-363-0105 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED Waste Management, Inc. 1001 Fannin Suite 4000 Houston TX 77002-6711 USA INSURER A: AIG Specialty Insurance Company 26883 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: LL CLAIMS -MADE I I OCCUR COVERAGES CERTIFICATE NUMBER: 570053881005 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF IMM/DD/YYYY) POLICY EXP (MM/OD/YYYY1 LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE LL CLAIMS -MADE I I OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY ❑PRO- JECT LOC PRODUCTS - COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY ( Per person) ALL OWNED -SCHEDULED BODILY INJURY (Per acddent) AUTOS HIRED AUTOS AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER STATUTE - OTH- ER ANY PROPRIETOR / PARTNER / EXECUTIVE y / N N / A E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT A Poll Legal Li ab PLS5444079 SIR applies per policy terms 01/01/2014 & conditions 01/01/2015 Each Incident Limit Aggregate Limit SIR $10,000,000 $20,000,000 $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 01, Additional Remarks Schedule, may be attached If more space is required) Named Insured Site Location: Greater Wenatchee Regional Landfill, 191 Webb Road, WA 98802. city of Spokane Valley, 11707 E. Sprague Ave., Suite 106, Spokane Valley, WA 98206 'is included as Additional Insured in accordance with the policy provisions of the Pollution Legal Liability policy. A Waiver of subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the Pollution Legal Liability policy. CERTIFICATE HOLDER CANCELLATION sunshine Recyclers, Inc. 2405 N. University Road Spokane Valley WA 99206 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE r M, 5ftvitr51 m, ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Holder Identifier : 570053881005 Certificate No MERCHANTS BONDING COMPANY,. MERCHANTS BONDING COMPANY (MUTUAL) 2100 FLEUR DRIVE, DES MOINES, IOW 8 PHONE:(800) 678-8171 FAX: (515) 243-3854 Cti Vr`rl CONTINUATION CERTIFICATE JUN 10 2415 (to be filed with the obligee) Crry OF WAC 48217 $1,000,000.00 Contract LEGA! DEPART. . BOND NO. AMOUNT DESCRIPTION ANT OBLIGEE City of Spokane Valley MERCHANTS BONDING COMPANY(MUTUAL) hereby continues in force Bond for: PRINCIPAL Sunshine Recyclers,Inc. DBA All liability under this Continuation Certificate is effective June 16,2015 and terminates midnight June 15,2016 This continuation is executed upon the express condition that the Company's liability under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed in the aggregate the largest single amount named in the Bond,the endorsement attached thereto,or any continuation certificate. Witness the signature of its President under the corporate seal on June 9,2015 1 ••*�,Nu• 04fp• �•�O• .WI09 .4$ 4..-e MERCHANTS BONDING COMPANY(MUTUAL) • Attest: •t—::: -o- en• '=: d:3' �� ,�.r y' 1933 .;c: amu./ / • J '''•• Secretary . /1" 77/‘--- •14 -,',. • President CERTIFICATION I hereby certify that the following is a true and correct copy of Section 1(b)and Section 1(d)of Article VI of the Bylaws of Merchants Bonding Company(Mutual)duly adopted and recorded to-wit: Section 1(b)'The President,Secretary,or Treasurer or any Assistant Treasurer or any Assistant Secretary shall have power and authority to execute on behalf of the Company and attach the seal of the Company thereto, bonds and undertaking, recognizances,contracts of indemnity and other writings obligatory in the nature thereof," and Section 1(d)'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." I further certify that the following are duly elected officers of the Company: Larry Taylor, President and William Warner,Jr., Secretary. IN TESTIMONY WHEREOF, I have hereunto set my hand as President and affix the Corporate Seal of the MERCHANTS BONDING COMPANY(MUTUAL) ....... this 9th day of June 2015 cOG COA . cs a£0 • f.0 . MERCHANTS BONDING COMPANY(MUTUAL) Attest: • • t'�•m. 9ON• • •ti: -o- o• • E. . ..e.; .,„ii% * C7et, 7 "IC'. 1933 ;e• � . ... •••••�••, _,,r K\.•" SecretaryLPresident .•• On this 9th day of June 2015 before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. IP 011 tnessed to and subscribed by me on June 9,2015 - DIP Wi Notary kliiiPolr County Iowa illk �P9.1A4 WENDY WOODY o C Commission Number 784654 . -,'` My Commission Expires SUP 0012 (1/15) /60- June 20, 2017 I --owl �� SUNSDIS-01 RHAWLEY ACORO" DATE(MM/DD/YYYY) I`„./ CERTIFICATE OF LIABILITY INSURANCE• 8/27/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Moloney,O'Neil,Corkery&Jones Inc PHONE 509 3253024 FAX 509 325-1803 818 W Riverside#800 (AIC,No,Est):( ) (A/C,No):(509) Spokane,WA 99201 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Liberty Northwest Insurance Corp INSURED INSURER B: Sunshine Disposal,Inc INSURER C: . 11320 W.McFarlane Rd INSURER D: Airway Heights,WA 99001 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD!YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS MADE X OCCUR X C08170065 09/01/2014 09/01/2015 DAMAGE TO RENTED 300,000 PREMISES(Ea occurrence) $ _ MED EXP(Any one person) $ 10,000• i PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO C08170065 09/01/2014 09/01/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE ,$ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS UAB CLAIMS-MADE C08170065 09/01/2014 09/01/2015 AGGREGATE $ DED X RETENTION$ 10,000 $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE OTH- ER Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE C08170065 09/01/2014 09/01/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) EL.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) City of Spokane Valley is additional insured(primary and non-contributory)under General Liability with respect for ongoing operations performed for the City per form CG8416 12/03 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E.Sprague Ave,Suite 106 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ..t • I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 841612 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY MASTER PAK PLUS® FOR CONSTRUCTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX Subject Page Blanket Additional Insured (Owners, Lessees or Contractors) 2 Fire, Lightning, Explosion and Sprinkler Leakage Damage to Premises You Rent 3 Non-Owned Watercraft 4 Supplementary Payments(Bail Bonds) 4 Personal And Advertising Injury-Electronic Publication Extension 5 Aggregate Limits(Per Location) 5 Aggregate Limits(Per Project) 5 Voluntary Property Damage Coverage 6 Off Premises Care, Custody or Control Coverage 6 Newly Formed or Acquired Organizations 7 Duties in the Event of Occurrence, Offense, Claim or Suit 7 Bodily Injury(Mental Anguish) 8 Waiver of Transfer of Rights of Recovery Against Others 8 Medical Payments 8 Broad Named Insured 8 Broadened Mobile Equipment 8 Incidental Malpractice Liability 8 Non-Owned Aircraft 9 Property Damage-Elevators 9 CG 841612 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 1 of 9 E 60000 1. BLANKET ADDITIONAL INSURED(Owners, Lessees Or Contractors) (Includes a Primary/Non-Contributory provision) Section II-Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy in a written contract or written agreement. The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the"bodily injury,""property damage"or"personal and advertising injury." The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability: 1. Arising out of real property, as described in a written contract or written agreement, that you own, rent, lease or occupy; or 2. Caused by your ongoing operations performed for the additional insured. The insurance provided the additional insured in 1.A.2. above does not apply to: a. Coverage A -Bodily Injury and Property Damage Liability, Coverage B-Personal and Advertising Injury Liability or defense coverage under the Supplementary Payments • arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)that was performed by or on behalf of the additional insured(s)at the site where the covered operations have been completed; or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. B. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III-Limits Of Insurance of this policy,whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of the additional insured. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 2 of 9 E 601 00 • D. As respects the coverage provided to the additional insured under this endorsement, Section IV- Conditions is amended as follows: 1. The following is added to Condition 2. Duties In The Event Of Occurrence,Offense,Claim,or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an"occurrence"or an offense, that may result in a claim or"suit" under this insurance to us; b. Tender the defense and indemnity of any claim or"suit"to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 2. The following is added to Condition 3.Legal Action Against Us: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or"suit"from the additional insured. 3. The following is added to Paragraph a., Primary Insurance of Condition 4.Other Insurance: If the additional insured's policy has an Other Insurance provision making its policy excess, and a Named Insured has agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 4. The following is added to Paragraph b., Excess Insurance of Condition 4.Other Insurance: Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available for an"occurrence"by virtue of also being an additional insured on other policies, this insurance is excess over those other policies. 2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A. The last paragraph of 2. Exclusions of Section I-Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c.through n.do not apply to damage by fire, lightning, "explosion"or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III-Limits Of Insurance. B. Paragraph 6.of Section III -Limits Of Insurance is replaced by the following: 6. Subject to 5.above, the higher of$300,000 or the Damage To Premises Rented To You Limit shown in the Summary of Limits and Charges section of this policy is the most we will pay under Coverage A for damages because of"property damage"to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, "explosion"or sprinkler leakage incident. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 3 of 9 E 602 00 C. Paragraph b.(1)(b)of Condition 4. Other Insurance(Section IV—Conditions)is replaced by the following: (1) That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; D. Paragraph 9.a. of the definition of"insured contract"in Section V-Definitions is replaced by the following: 9. "Insured contract"means: a. A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, "explosion"or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; E. The following definition is added to Section V-Definitions: "Explosion"means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion"does not include any of the following: 1. Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; 2. Rupture or bursting of water pipes; 3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or 4. Rupture or bursting caused by centrifugal force. 3. NON-OWNED WATERCRAFT Subparagraph g.(2)of Paragraph 2., Exclusions of Section I -Coverage A is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 4. SUPPLEMENTARY PAYMENTS In the Supplementary Payments-Coverages A and B provision: The limit for the cost of bail bonds in Paragraph 1.b. is changed from $250 to$1000. CG 841612 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 4 of 9 E 603 00 5. PERSONAL AND ADVERTISING INJURY-ELECTRONIC PUBLICATION EXTENSION Paragraphs 14.b.,d.and e.of Section V-Definitions are replaced by the following: b. Malicious prosecution or abuse of process; d. Oral,written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral,written, televised, videotaped or electronic publication of material that violates a person's right of privacy; The following is added to Paragraph 14. "Personal and Advertising Injury"of Section V-Definitions: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) An insured; or (b) Any"executive officer"director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. Subparagraphs b. and c. of 2., Exclusions of Section I-Coverage B-Personal And Advertising Injury Liability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury"arising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior To Policy Period "Personal and advertising injury"arising out of oral,written, televised, videotaped or electronic publication of material whose first publication took place before the beginning of the policy period; 6. AGGREGATE LIMITS OF INSURANCE(PER LOCATION) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your "locations"owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location"means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway,waterway or right-of-way of a railroad. 7. AGGREGATE LIMITS OF INSURANCE(PER PROJECT) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your projects away from premises owned by or rented to you. CG 841612 03 Includet copyrighted material of ISO Properties,Inc.,with its permission. Page 5 of 9 E 604 00 8. VOLUNTARY PROPERTY DAMAGE COVERAGE At your request, we will pay for"loss"to property of others caused by your business operations. The most we will pay for this coverage is$500 each"occurrence." The"loss"must occur during the policy period. The"occurrence"must take place in the"coverage territory". "Loss"means unintended damage or destruction. "Loss"does not mean disappearance, abstraction or theft, This coverage does not apply to: 1. Damage arising out of the use of any"auto"; 2. Property you own,occupy, rent or lease from others; or 3. Property on your premises for sale, service, repair or storage. None of the other policy exclusions apply to this coverage. If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this deductible. 9. OFF PREMISES CARE,CUSTODY OR CONTROL COVERAGE A. We will pay those sums that you become legally obligated to pay as damages because of"property damage"to personal property of others while in your or your"employees"care, custody or control or real property of others over which you or your"employees"are exercising physical control if the "property damage"arises out of your business operations. This Coverage is subject to sections B., C., D. and E.below. B. Exclusions This insurance shall not apply to: 1. "Property damage"of property at premises owned, rented, leased, operated or used by you; 2. "Property damage"of property while in transit; 3. The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf; or (b) Any product manufactured, sold or supplied by you, unless the"property damage"is caused directly by you after delivery of the product or completion of the work and resulting from a subsequent undertaking; or 4. "Property damage"of property caused by or arising out of the"products-completed operations hazard". C. Limits Of Insurance-The most we will pay for"property damage"under this Section 9. is$25,000 for each"occurrence". The most we will pay for the sum of all damages covered under this Section 9. because of"property damage"is an annual aggregate limit of$25,000. The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any other limits provided in the policy or endorsements attached to it. D. Deductible-We will not pay for"property damage"in any one"occurrence" until the amount of "property damage"exceeds$250. If the policy to which this endorsement is attached contains a "property damage"deductible, that deductible shall apply if it is greater than$250. E. In the event of"property damage"covered by this endorsement, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 6 of 9 E60500 10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS A. Paragraph 4. of Section II-Who Is An Insured is deleted and replaced by the following: 4. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: a. Coverage under this provision applies only until the expiration of the policy period in which the entity was acquired or incorporated or organized by you. b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before the entity was acquired or incorporated or organized by you. c. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before the entity was acquired or incorporated or organized by you. d. Records and descriptions of operations must be maintained by the first Named Insured. • B. This Section 10.does not apply to newly formed or acquired organizations if coverage is excluded either by provisions of the Coverage Part or by other endorsement(s)attached to it. 11. DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE, CLAIM OR SUIT A. The requirements in Section IV-conditions, Paragraph 2.a.,that you must see to it that we are notified of an "occurrence"applies only when the"occurrence"is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager, if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. B. The requirements in Section IV-Conditions Paragraph 2.b. that you must see to it that we receive written notice of a claim or"suit"will not be considered breached unless the breach occurs after such claim or"suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee,if you are a trust;or 6. A designee, if you are any other type of organization. Knowledge of an "occurrence,"claim or"suit"by the agent, servant or"employee"of any insured shall not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent, servant or"employee". 12. BODILY INJURY Paragraph 3.of the definition of"bodily injury" in the Section V-Definitions is replaced by the following: 3. "Bodily injury"means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 7 of 9 E 606 00 13.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded, the Medical Expense Limit provided by this policy shall be the greater of: A. $10,000; or B. The amount shown in the Declarations. 15. BROAD NAMED INSURED Paragraph 2.a.(1)(d)of Section II -Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services to your employees. 16. BROADENED MOBILE EQUIPMENT Paragraph 12.f.(1)of Section V-Definitions is replaced by the following: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater; 17. INCIDENTAL MALPRACTICE LIABILITY Paragraph 3.of Section V-Definitions is replaced by the following: 3. "Bodily injury"means bodily injury, sickness, disease or"incidental medical malpractice"sustained by a person, including mental anguish or death resulting from any of these at any time. The following is added to Section V-Definitions: 23. "Incidental medical malpractice"means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services to your employees, provided you are not engaged in the business or occupation of providing any services referred to in this definition. 18. NON-OWNED AIRCRAFT The following is added to Subparagraph g.of 2.,Exclusions of Section I-Coverage A Bodily Injury And Property Damage Liability: (6) An aircraft with a paid crew, that is hired, chartered or loaned but is not owned by any insured. CG 841612 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 8 of 9 E 607 00 19.PROPERTY DAMAGE-ELEVATORS The following is added to Subparagraph j.of 2., Exclusions of Section I-Coverage A Bodily Injury And Property Damage Liability: Paragraphs(3)and(4)of this exclusion do not apply to damages that result from the use of elevators. All other terms and conditions of your policy remain unchanged. CG 841612 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 9 of 9 E 608 00 A CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/5YYY) 06/16/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the w certificate holder in lieu of such endorsement(s). c tv PRODUCER CONTACT 'a NAME: Aon Risk Services Southwest, Inc. PHONE (866) 283-7122 FAX 800-363-0105 `m Dallas TX office (AIC.No.Ext): (A1C.No.): .0 CityPlace Center East E-MAIL p 2711 North Haskell Avenue ADDRESS: i Suite 800 Dallas TX 75204 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: AIG Specialty Insurance Company 26883 Waste Management, Inc. INSURERS: 1001 Fannin Suite 4000 INSURER C: Houston TX 77002-6711 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570058122614 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD IMMIDD/YYYY) (MM/DD/YYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE ElOCCURDAMAGE TO RENTED PREMISES(Ea occurrence) MED EXP(Any one person) — PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE a a PRO- POLICY ❑JECT n LOC PRODUCTS-COMP/OP AGG OTHER: n AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT U) (Ea accident) ANY AUTO BODILY INJURY(Per person) Z ALL OWNED —SCHEDULED BODILY INJURY(Per accident) w AUTOS _ AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE V —AUTOS (Per accident) Y 0 UMBRELLA UAB OCCUR EACH OCCURRENCE U ^ EXCESS LIAB CLAIMS-MADE AGGREGATE DED I (RETENTION WORKERS COMPENSATION AND PER OTH- EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? n N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT _ A Poll Legal Liab PL55444079 01/01/2015 07/01/2016 Each Incident Limit $10,000,000 Claims Made Aggregate Limit $20,000,000 SIR applies per policy terms & conditions SIR $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Named Insured Site Location: Greater Wenatchee Regional Landfill, 191 Webb Road, WA 98802. City of Spokane valley, 11707 E. Sprague Ave., Suite 106, Spokane Valley, WA 98206 is included as Additional Insured in accordance with the policy provisions of 0y the Pollution Legal Liability policy. A waiver of subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the Pollution Legal Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE VI EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Sunshine Recyclers, Inc. AUTHORIZED REPRESENTATIVE 2405 N. University Road .* Spokane Valley WA 99206 USA §2a, Yoecr G�osa ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD �...N SUNSDIS-01 RHAWLEY ACORO' DATE(M M/DD/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE 8/25/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Moloney O'Neill/Alliant Insurance Services Inc. PHONE -3024FAX 818 W.Riverside,Ste 800 (A/C,No,Ext):(509)325 (A/C,No): Spokane,WA 99201 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Liberty Northwest Insurance Corporation 41939 INSURED INSURER B:Travelers Property Casualty Co of Amer 25674 Sunshine Recyclers Inc. INSURER C: • 11320 W.McFarlane Rd INSURERD: Airway Heights,WA 99001 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDNYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X C09170065 09/01/2015 09/01/2016 PREM SES(Ea occu nce) $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JERCOT- X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) _ A X ANY AUTO C09170065 09/01/2015 09/01/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOSAUTOS - - HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ (Per accident) UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 B X EXCESS LIAB CLAIMS-MADE ZUP11R1101615NF 09/01/2015 09/01/2016 AGGREGATE $ 10,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE C09170065 09/01/2015 09/01/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Spokane Valley is additional insured(primary and non-contributory)under General Liability with respect for ongoing operations performed for the City per form CG8416 12/03 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave,Suite 103 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE r / ©1988-2014 ACORD CORPORATION. All rights reserved. 1 ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 1 IL-1 -0q54-1 MERCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY(MUTUAL) P.O.Box 14498, DES MOINES, IOWA 50306-3498 PHONE:(800)678-8171 FAX: (515)243-3854 CONTINUATION CERTIFICATE (to be filed with the obligee) WAC 48217 $1,000,000.00 Contract BOND NO. AMOUNT DESCRIPTION OBLIGEE City of Spokane Valley MERCHANTS BONDING COMPANY(MUTUAL)hereby continues in force Bond for: PRINCIPAL Sunshine Recyclers, Inc. DBA All liability under this Continuation Certificate is effective June 16,2016 and terminates midnight June 15,2017 This continuation is executed upon the express condition that the Company's liability under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed in the aggregate the largest single amount named in the Bond,the endorsement attached thereto,or any continuation certificate. Witness the signature of its President under the corporate seal on June 14,2016 .•*�OG Cp4 • •4«..RPOg9.1• MERCHANTS BONDING COMPANY(MUTUAL) may; MERCHANTS • BONDING 2C0M-BANY„a POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually, Jaclyn R Kruse; John R Mostoller; Marla J Davenport; Michael:Button; Pamela R Urlacher; Susan L Bynum; Thomas VA Davis; William•H Davis their true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver on behalf of the Companies,as Surety,bonds,undertakings and other written obligations in the nature thereof,subject to the limitation that ar y such instrument shall not exceed the amount of: THREE MILLION($3,000,000.00)DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23.2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.Itis fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 15th day of August , 2015 . 0...••• ,,,, 110144e'w�. •�•:AO COL.• • MERCHANTS BONDING COMPANY(MUTUAL) ...... *.o.C •. *Q A Mp• MERCHANTS NATIONAL BONDING,INC. _ �'. •2c03 ic), i ; iq; B pi ..;. i1 STATE OF IOWA '+•.'�a ,+��r '.•� } ••• COUNTY OF Dallas ss. President On this 15th day of August , 2015 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. WENDY WOODY i Commission Number 784654k_C;Ii1/4„. Ir"i4. . . My Commission Expires ioW- June 20,2017 Notary Pub!' , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 14tbay of June . 2016 . ' rt10J�,j '' am .." •••, •••p\KG7. CO�j• :~• . oIII. x;" Secretary '. 2003 :Q3 • 1933 :c: c. J• '� iJQ. ... �• POA 0014(6/15) "H""""'$��", SUNSDIS-01 LCALES ACOROT DATE(MM/DD/YYYY) `„------- CERTIFICATE OF LIABILITY INSURANCE 8/10/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Moloney O'Neill/Alliant Insurance Services Inc. PHONE509 325-3024 Fax 818 W.Riverside,Ste 800 IANC,No.Ext):( ) lac,No): Spokane,WA 99201 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Liberty Northwest Insurance Corporation 41939 INSURED INSURER B:Travelers Property Casualty Co of Amer 25674 Sunshine Recyclers Inc. INSURER C: 11320 W.McFarlane Rd INSURER D: Airway Heights,WA 99001 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X C10170065 09/01/2016 09/01/2017 PREM SESO(Ea occTu ante) $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X ' ? X LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO C10170065 09/01/2016 09/01/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 B X EXCESS LIAB CLAIMS-MADE ZUP11R1101616NF 09/01/2016 09/01/2017 AGGREGATE $ 10,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A 010170065 09/01/2016 09/01/2017 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Spokane Valley is additional insured(primary and non-contributory)under General Liability with respect for ongoing operations performed for the City per form CG8416 12/03 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN p ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave,Suite 103 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD .1 13. COMMERCIAL GENERAL LIABILITY CG 8416 12 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY MASTER PAK PLUS® FOR CONSTRUCTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX Subiect Pane Blanket Additional Insured (Owners, Lessees or Contractors) 2 Fire, Lightning, Explosion and Sprinkler Leakage Damage to Premises You Rent 3 Non-Owned Watercraft 4 Supplementary Payments(Bail Bonds) 4 Personal And Advertising Injury-Electronic Publication Extension 5 Aggregate Limits(Per Location) 5 Aggregate Limits (Per Project) 5 Voluntary Property Damage Coverage 6 Off Premises Care, Custody or Control Coverage 6 Newly Formed or Acquired Organizations 7 Duties in the Event of Occurrence, Offense, Claim or Suit 7 Bodily Injury(Mental Anguish) 8 Waiver of Transfer of Rights of Recovery Against Others 8 Medical Payments 8 Broad Named Insured 8 Broadened Mobile Equipment 8 Incidental Malpractice Liability 8 Non-Owned Aircraft 9 Property Damage-Elevators 9 CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 1 of 9 E 600 00 1. BLANKET ADDITIONAL INSURED (Owners, Lessees Or Contractors) (Includes a Primary/Non-Contributory provision) Section II-Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy in a written contract or written agreement. The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the"bodily injury,""property damage"or"personal and advertising injury." The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability: 1. Arising out of real property, as described in a written contract or written agreement, that you own, rent, lease or occupy; or 2. Caused by your ongoing operations performed for the additional insured. The insurance provided the additional insured in 1.A.2. above does not apply to: a. Coverage A -Bodily Injury and Property Damage Liability, Coverage B-Personal and Advertising Injury Liability or defense coverage under the Supplementary Payments arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)that was performed by or on behalf of the additional insured(s)at the site where the covered operations have been completed; or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. B. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III -Limits Of Insurance of this policy,whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of the additional insured. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 2 of 9 E 601 00 4- D. As respects the coverage provided to the additional insured under this endorsement, Section IV- Conditions is amended as follows: 1. The following is added to Condition 2. Duties In The Event Of Occurrence,Offense,Claim, or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an"occurrence"or an offense, that may result in a claim or"suit" under this insurance to us; b. Tender the defense and indemnity of any claim or"suit"to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 2. The following is added to Condition 3. Legal Action Against Us: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or"suit"from the additional insured. 3. The following is added to Paragraph a., Primary Insurance of Condition 4.Other Insurance: If the additional insured's policy has an Other Insurance provision making its policy excess, and a Named Insured has agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis,this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 4. The following is added to Paragraph b., Excess Insurance of Condition 4.Other Insurance: Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available for an"occurrence"by virtue of also being an additional insured on other policies, this insurance is excess over those other policies. 2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A. The last paragraph of 2. Exclusions of Section I -Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c.through n. do not apply to damage by fire, lightning, "explosion"or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III-Limits Of Insurance. B. Paragraph 6.of Section III -Limits Of Insurance is replaced by the following: 6. Subject to 5.above, the higher of$300,000 or the Damage To Premises Rented To You Limit shown in the Summary of Limits and Charges section of this policy is the most we will pay under Coverage A for damages because of"property damage"to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, "explosion"or sprinkler leakage incident. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 3 of 9 E 602 00 C. Paragraph b.(1)(b) of Condition 4.Other Insurance(Section IV—Conditions) is replaced by the following: (1) That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; D. Paragraph 9.a. of the definition of"insured contract"in Section V-Definitions is replaced by the following: 9. "Insured contract"means: a. A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, "explosion"or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; E. The following definition is added to Section V-Definitions: "Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion"does not include any of the following: 1. Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; 2. Rupture or bursting of water pipes; 3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or 4. Rupture or bursting caused by centrifugal force. 3. NON-OWNED WATERCRAFT Subparagraph g.(2)of Paragraph 2., Exclusions of Section I -Coverage A is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 4. SUPPLEMENTARY PAYMENTS In the Supplementary Payments-Coverages A and B provision: The limit for the cost of bail bonds in Paragraph 1.b. is changed from$250 to$1000. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 4 of 9 E 603 00 5. PERSONAL AND ADVERTISING INJURY-ELECTRONIC PUBLICATION EXTENSION Paragraphs 14.b.,d.and e.of Section V-Definitions are replaced by the following: b. Malicious prosecution or abuse of process; d. Oral,written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral,written, televised, videotaped or electronic publication of material that violates a person's right of privacy; The following is added to Paragraph 14. "Personal and Advertising Injury"of Section V-Definitions: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) An insured; or (b) Any"executive officer"director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. Subparagraphs b. and c. of 2., Exclusions of Section I -Coverage B-Personal And Advertising Injury Liability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury"arising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior To Policy Period "Personal and advertising injury"arising out of oral, written, televised, videotaped or electronic publication of material whose first publication took place before the beginning of the policy period; 6. AGGREGATE LIMITS OF INSURANCE(PER LOCATION) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your "locations"owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway,waterway or right-of-way of a railroad. 7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your projects away from premises owned by or rented to you. CG 841612 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 5 of 9 E 604 00 8. VOLUNTARY PROPERTY DAMAGE COVERAGE At your request,we will pay for"loss"to property of others caused by your business operations. The most we will pay for this coverage is$500 each "occurrence." The"loss"must occur during the policy period. The"occurrence" must take place in the"coverage territory". "Loss"means unintended damage or destruction. "Loss"does not mean disappearance, abstraction or theft. This coverage does not apply to: 1. Damage arising out of the use of any"auto"; 2. Property you own, occupy, rent or lease from others; or 3. Property on your premises for sale, service, repair or storage. None of the other policy exclusions apply to this coverage. If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this deductible. 9. OFF PREMISES CARE,CUSTODY OR CONTROL COVERAGE A. We will pay those sums that you become legally obligated to pay as damages because of"property damage"to personal property of others while in your or your"employees"care, custody or control or real property of others over which you or your"employees"are exercising physical control if the "property damage"arises out of your business operations. This Coverage is subject to sections B., C., D. and E. below. B. Exclusions This insurance shall not apply to: 1. "Property damage"of property at premises owned, rented, leased, operated or used by you; 2. "Property damage"of property while in transit; 3. The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf; or (b) Any product manufactured, sold or supplied by you, unless the"property damage"is caused directly by you after delivery of the product or completion of the work and resulting from a subsequent undertaking; or 4. "Property damage"of property caused by or arising out of the"products-completed operations hazard". C. Limits Of Insurance-The most we will pay for"property damage" under this.Section 9. is$25,000 for each"occurrence". The most we will pay for the sum of all damages covered under this Section 9. because of"property damage" is an annual aggregate limit of$25,000. The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any other limits provided in the policy or endorsements attached to it. D. Deductible-We will not pay for"property damage" in any one"occurrence" until the amount of "property damage"exceeds$250. If the policy to which this endorsement is attached contains a "property damage"deductible,that deductible shall apply if it is greater than $250. E. In the event of"property damage"covered by this endorsement, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CG 841612 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 6 of 9 E 605 00 10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS A. Paragraph 4. of Section II-Who Is An Insured is deleted and replaced by the following: 4. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: a. Coverage under this provision applies only until the expiration of the policy period in which the entity was acquired or incorporated or organized by you. b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before the entity was acquired or incorporated or organized by you. c. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before the entity was acquired or incorporated or organized by you. d. Records and descriptions of operations must be maintained by the first Named Insured. B. This Section 10.does not apply to newly formed or acquired organizations if coverage is excluded either by provisions of the Coverage Part or by other endorsement(s) attached to it. 11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT A. The requirements in Section IV-Conditions, Paragraph 2.a.,that you must see to it that we are notified of an"occurrence"applies only when the"occurrence" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager, if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. B. The requirements in Section IV-Conditions Paragraph 2.b. that you must see to it that we receive written notice of a claim or"suit"will not be considered breached unless the breach occurs after such claim or"suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. Knowledge of an"occurrence,"claim or"suit"by the agent, servant or"employee"of any insured shall not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent, servant or"employee". 12. BODILY INJURY Paragraph 3.of the definition of"bodily injury" in the Section V-Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 7 of 9 E 606 00 13.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded,the Medical Expense Limit provided by this policy shall be the greater of: A. $10,000; or B. The amount shown in the Declarations. 15. BROAD NAMED INSURED Paragraph 2.a.(1)(d)of Section II -Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services to your employees. 16. BROADENED MOBILE EQUIPMENT Paragraph 12.f.(1)of Section V-Definitions is replaced by the following: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater; 17. INCIDENTAL MALPRACTICE LIABILITY Paragraph 3.of Section V-Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness, disease or"incidental medical malpractice"sustained by a person, including mental anguish or death resulting from any of these at any time. The following is added to Section V-Definitions: 23. "Incidental medical malpractice" means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services to your employees, provided you are not engaged in the business or occupation of providing any services referred to in this definition. 18. NON-OWNED AIRCRAFT The followingis added to Subparagraph of Exclusions of Section I -Coverage A BodilyInjury g. 2., 9 1 rY And Property Damage Liability: (6) An aircraft with a paid crew,that is hired, chartered or loaned but is not owned by any insured. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 8 of 9 E 607 00 19. PROPERTY DAMAGE-ELEVATORS The following is added to Subparagraph j.of 2., Exclusions of Section I-Coverage A Bodily Injury And Property Damage Liability: Paragraphs(3)and (4)of this exclusion do not apply to damages that result from the use of elevators. All other terms and conditions of your policy remain unchanged. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 9 of 9 E 608 00 �� -0s4' SUNSDIS-01 BHATCH 4 LY CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ 017rn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Alliant Insurance Services Inc. PHONE 509 - FAX 818'W.Riverside Ave,Ste 800 (NC.No.Ext): )3253024 (A/C,No): Spokane,WA 99201 ADDREss: INSURER(S)AFFORDING COVERAGE NAIC A` INSURER A:Liberty Northwest Insurance Corporation 41939 INSURED INSURER B: Sunshine Recyclers Inc. INSURER C: 11320 W.McFarlane Rd INSURER D: Airway Heights,WA 99001 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY-REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR —A—BDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X C11170065 09/01/2017 09/01/2018 DAMAGE TO RENTED PREMISES(Ea occurrence) $ 300,000 MED EXP(My one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 LI POLICY[Xl JECaT I ^ I LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE UABILITY COMBINED SINGLE LIMIT $ 1 000 000 (Ea accident) , , A X ANY AUTO C11170065 09/01/2017 09/01/2018 BODILY INJURY(Per person) $ — ALL OWNED — SCHEDULED BODILY INJURY(Per accident) $ NON-OWNED AUTOS NOPROPERTY-DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS UAB CLAIMS-MADE C11170065 09/01/2017 09/01/2018 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER R/ A ANY PROPRIETOPARTNERAEXECUTIVE Y/N N/A C11170065 09/01/2017 09/01/2018 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) City of Spokane Valley is additional insured(primary and non-contributory)under General Liability with respect for ongoing operations performed for the City per form CG8416 12/03 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 11707E Sora Spokane Ave,Suite 103 ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD C11-17�-00-65 COMMERCIAL GENERAL LIABILITY 09/01/17 DISPOSAL INC CG 841612 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY MASTER PAK PLUS® FOR CONSTRUCTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX Subject Page_ Blanket Additional Insured (Owners, Lessees or Contractors) --- 2 Fire, Lightning, Explosion and Sprinkler Leakage Damage to Premises You Rent 3 Non-Owned Watercraft 4 Supplementary Payments (Bail Bonds) 4 Personal And Advertising Injury - Electronic Publication Extension 5 Aggregate Limits (Per Location) 5 Aggregate Limits (Per Project) 5 Voluntary Property Damage Coverage 6 Off Premises Care, Custody or Control Coverage 8 Newly Formed or Acquired Organizations 7 Duties in the Event of Occurrence, Offense, Claim or Suit 7 Bodily Injury (Mental Anguish) 8 Waiver of Transfer of Rights of Recovery Against Others 8 Medical Payments 8 Broad Named Insured 8 Broadened Mobile Equipment 8 Incidental Malpractice Liability 8 Non-Owned Aircraft g Property Damage - Elevators 9 • CG 841612 03 Includes copyrighted material Cl ISO Properties, Inc.,with is permission. Page 1 of 8 Ee0000 1. BLANKET ADDITIONAL INSURED (Owners, Lessees Or Contractors) (Includes a Primary/Non-Contributory provision) Section I -Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured an this policy in a written contract or written agreement. The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the "bodily injury," "property damage" or"personal and advertising injury." The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability: 1. Arising out of real property, as described in a Witten contract or written agreement, that you own, rent, lease or occupy; or 2. Caused by your ongoing operations performed for the additional insured The insurance provided the additional insured in 1.A.2. above does not apply to: a. Coverage A-Bodily Injury and Property Damage Liability, Coverage B-Personal and Advertising Injury Liability or defense coverage under the Supplementary Payments arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. • b. "Bodily injury^ or"property damage" occurring after. (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) that was performed by or on behalf of the additional insured(s) at the site where the covered operations have been completed; or • (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project B. The limits of insurance applicable to the additional insured are those specified in awritten contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III -Limits Of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of the additional insured. • CG 841612 03 Includes oopyriarted material of iso Properties, Inc.,with its permission Page 2 of 9 E em 00 D. As respects the coverage provided to the additional insured under this endorsement, Section IV- Conditions is amended as follows: 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim, or Suit: An additional insured under this endorsement will as soon as practicable:. a. Give written notice of an "occurrence" or an offense, that may result in a claim or"suit" under this insurance to us; b. Tender the defense and indemnity of any claim or"suit"to al insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 2. The following is added to Condition 3. Legal Action Against Us: We have no duty to defend or indemnify`an additional insured under this endorsdmenf until we receive written notice of a claim or"suit" from the additional insured. 3. The following is added to Paragraph a., Primary Insurance of Condition 4. Other Insurance: If the additional insured's policy has an Other Insurance provision making its policy excess, and a Named Insured has agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 4 The following is added to Paragraph b., Excess Insurance of Condition 4. Other Insurance: Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available for an "occurrence" by virtue of also being an additional insured on other policies, this insurance is excess over those other policies. 2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A. The last paragraph of 2. Exclusions of Section I-Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not applylo damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. B. Paragraph 6. of Section III -Limits Of Insurance is replaced by the following: 6. Subject to 6. above, the higher of$300,000 or the Damage To Premises Rented To You Limit shown in the Summary of Limits and Charges section of this policy is the most we will pay under Coverage A far damages because of"property damage" to premises rented to you or temporarily occupied by.you with the permission of the owner arising out of any one fre, lightning, "explosion" or sprinkler leakage incident. CG 8416 12 03 includes copyrighted material d Iso Properties, Inc.,with its permission. Page 3 of 9 E 692 CO C. Paragraph b.(1 Kb) of Condition 4. Other insurance (Section IV —Conditions) is replaced by the following: (1) That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; D. Paragraph 9.a: of the definition of"Insured contract" in Section V- Definitions is replaced by the following: 9. 'lnstred contract" means: a. A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; E. The following definition is added to Section V-Definitions: "Eplosion" means a sudden release of expanding pressure accompanied bit a•noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion" does not include any of the following 1. Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; 2 Rupture or bursting of water pipes; • 3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or 4. Rupture or bursting caused by centrifugal force. 3. NON-OWNED WATERCRAFT Subparagraph g.(2) of Paragraph 2., Exclusions of Section I-Coverage A is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 4. SUPPLEMENTARY PAYMENTS _ _ In the Supplementary Payments -Coverages A and B provision: • The limit far the cost of bail bonds in Paragraph 1.b. is changed from $250 to $1000. • CG 841612 03 Includes copyrighted materiel d ISO Properties, Inc..wt Its permission, Page 4 of 9 E80300 • 5. PERSONAL AND ADVERTISING INJURY -ELECTRONIC PUBLICATION EXTENSION Paragraphs 14.b., d. and-e. of Section V-Definitions are replaced by the following: b. Malicious prosecution or abuse of process; d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; The following is added to Paragraph 14. "Personal and Advertising Injury" of Section V-Definitions: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is (1) Not done intentionally by or at the direction of: (a) An insured; or • (b) Any "executive officer"director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. Subparagraphs b. and c. of 2., Exclusions of Section I -Coverage B-Personal And Advertising Injury Liability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Pubished Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material whose first publication took place before the beginning of the policy period; 6. AGGREGATE LIMITS OF INSURANCE (PER LOCATION) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your "locations" owned by or rented to you or temporally occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT) The General Aggregate Limit under Section iN Limits Of Insurance applies separately to each of your projects away from premises owned by or rented to you. CG 841612 03 Includes copyrighted material ci Iso Properties, Inc.,wits is permission Page 5 of 9 E60400 8. VOLUNTARY PROPERTY DAMAGE COVERAGE At your request, we will pay for"loss" to property ci others caused by your business operations. The most we will pay for this coverage is $500 each "occurrence." The loss" must occur during the policy period. The "occurrence" must take place in the "coverage territory". "Loss" means unintended damage or destruction. "Loss" does not mean disappearance, abstraction or theft. This coverage does not apply to: 1. Damage arising out of the use of any "auto"; 2. Property you own, occupy, rent or lease from others; or 3. Property on your premises for sale, service, repair or storage. None of the other policy exclusions apply to this coverage. ff the Iiolicy to which this endorsement is attached is written with'a property damage liability deductible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by'the amount of this deductible. 9. OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE A We will pay those sums that you become legally obligated to pay as damages because of"property damage^ to personal property of others while In your or your"employees" care, custody or control or real property of others over which you or your"employees" we exercising physical control If the "property damage^ arises out of your business operations. This Coverage Is subject to sections B., C., D. and E. below. B. Exclusions • This insurance shall not apply to: 1. ^Property damage" of property at premises owned, rented, leased, operated or used by you; 2. "Property damage" of property while in transit 3. The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf; or (b) Any product manufactured, sold or supplied by you, unless the "property damage" is caused directly by you after delivery of the product or completion of the work and resulting from a — _ _ subsequent undertaking; or 4. "Property damage" of property caused by or arising out of the "products-completed operations hazard". C. Limits Of Insurance -The most we will pay for"property damage" under this Section 9. is $25,000 for each "occurrence". The most we will pay for the sum of all damages covered under this Section 9. because of"property damage" is an annual aggregate limit of$25,000. The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any other limits provided in the policy or endorsements attached to it D. Deductible -We will not pay for"property damage" in any one "occurrence" until the amount of ^property damage" exceeds $250. if the policy to which this endorsement is attached contains a ^property damage^ deductible, that deductible shall apply if it is greater than $250. E. In the event of"property damage" covered by this endorsement, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. . CG 841612 03 Includes copyrighted materiel cf ISO Properties, Inc.,wan Its permission Page 6 of 9 8 600 10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS A. Paragraph 4. of Section 1 -Who Is An Insured is deleted and replaced by the following: 4. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: a. Coverage under this provision applies only until the expiration of the policy period in which the entity was acquired or incorporated or organized by you. b. Coverage A does not apply to "bodily injury" or"property damage"that occured before the entity was acquired or incorporated or organized by you. c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you. d. Records and descriptions of operations must be maintained by the fist Named Insured. B. This Section 10. does not apply to newly formed or acquired organizations if coverage Is excluded either by provisions of the Coverage Pat or by other endorsement(s) attached to it. 11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT A. The requirements in Section IV -Conditions, Paragraph 2.a., that you must see to k that we are notified of an "occurrence" applies only when the "occurrence" is known to: 1. You, If you are an individual; 2. A partner, if you are a partnership; 3. A member or manager, if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you area trust; or 6. A designee, if you are any other type of organization. B. The requirements in Section IV -Conditions Paragraph 2.b. that you must see to k that we receive written notice of a claim or"suit" will not be considered breached unless the breach occurs after such claim or"suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager If you are a limited liability company; 4, An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. Knowledge of an "occurrence," claim or"suit" by the agent, servant or"employee" of any insured shall not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent, servant or"employee". 12. BODILY INJURY Paragraph 3. of the definition of "bodily injury" in the Section V-Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. CG 841612 03 Includes copyrighted material d ISO Properties, Inc., with b permission. Page 7 of 9 EG603 13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires.you to obtain this agreement from us. This agreement shall rot operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded, the Medical Expense Limit provided by this policy shall be the greater of.. A. $10,000; or B. The amount shown in the Declarations. 15. BROAD NAMED INSURED -Paragraph 2.a.(1)(d),of Section II -Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services to your employees. 16. BROADENED MOBILE EQUIPMENT Paragraph 12.f.(1) of Section V-Definitions is replaced by the following: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater; 17. INCIDENTAL MALPRACTICE LIABILITY Paragraph 3. of Section V-Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness, disease or"incidental medical malpractice" sustained by a person, including mental anguish or death resulting from any of these at any time. The following is added to Section V-Definitions: 23. "Incidental medical malpractice" means injury arising out of the negligent rendering or failure to - - - -— -render medical or paramedical services to persons by any physician, dentist,irurse; emergency- -" -- — medical technician or paramedic who is employed by you to provide such services to your employees, provided you are not engaged P the business or occupation of providing any services referred to in this definition. 18. NON-OWNED AIRCRAFT The following is added to Subparagraph g. of 2., Exclusions of Section I-Coverage A Bodily Injury And Property Damage Liability: (6) An aircraft with a paid crew, that is hired, chartered or loaned but is not owned by any insured. CG 841612 03 Includes copyrighted materiel of ISO Properties, Inc.with Its permission. Page 8 of 9 E60700 19. PROPERTY DAMAGE- ELEVATORS The following is added to Subparagraph j. of 2., Exclusions of Section I -Coverage A Bodily Injury And Property Damage Liability; Paragraphs (3) and (4) of this exclusion do not apply to damages that result from the use of elevators. All other terms and conditions of your policy remain unchanged. • • • • • • • • • CG 8416 12 03 Includes copyripted material a ISO Properties, Inc.,with Its permission. Page 9 of 9 E 60800 NI' CBI r - PERFORMANCE BOND Bond Number. WAC54892 Arthual Form KNOW ALL BY THESE PRESENTS, That we Sunshine Disposal,Inc dba Sunshine Disposal&Recycling , as Principal, and Merchants Bonding Company(Mutual) , of Iowa , authorized to do business in the State of Iowa , as Surety, are held and firmly bound unto City of Spokane Valley ' as Obligee, in the maximum penal sum of Ten Thousand and 00/100ths Dollars (10,000.00 ), lawful money of the United States of America,for which payment well and truly to be made we bind ourselves,our heirs, executors and assigns,jointly and severally,firmly by this Bond. WHEREAS, the Principal has entered, or is about to enter, into a written agreement with the Obligee to perform in accordance with the terms and conditions of the Comprehensive Drop-box Container Collection Contract , (hereinafter referred to as the Contract), said,Contract is hereby referred to and made a part hereof; NOW, THEREFORE, the condition of this obligation is such that if the above named Principal, its successors and assigns, shall well and truly perform its Obligations as set forth in the above mentioned Contract, then this Bond shall be void; otherwise to remain in full force end effect pursuant to its terms. Notwithstanding anything to the contrary in the Contract,the Bond is subject to the following express conditions: 1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of January 11, 2019 to January 11, 2020 . The Bond may be extended, at the sole option of the Surety, by continuation certificate for additional periods from the expiry date hereof. However, neither: (a) the Surety's decision not to issue a continuation certificate, nor(b)the failure or inability of the Principal to file a replacement bond or other security in the event the Surety exercises its right to not renew this Bond, shall itself constitute a loss to the Obligee recoverable under this Bond or any extension thereof. 2. The above referenced Contract has a term ending January 11, 2020 . Regardless of the number of years this Bond is in force or the number of continuation certificates issued, this Bond shall not be extended beyond January 11, 2020 ,unless earlier nonrenewed pursuant to paragraph 1 above. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year from termination or expiration of the bond term. 4. Regardless of the number of years this Bond is in force or the number of continuation certificates issued,the liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider. 5. Any notice,demand, certification or request for payment, made under this Bond shall be made in writing to the Surety at the address specified below. Any demand or request for payment must be made prior to the expiry date of this Bond. Surety Address: Merchants Bonding Company(Mutual) 2100 Fleur Drive bes Moines,Iowa 50321-1158 Attn: Claims Department 6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and as described in the underlying Contract, then the terms of this Bond shall prevail. SIGNED,SEALED AND DATED this 20th day of December , 2018 , •••••.. ,.••• Sunshine Dispo I ba Sunshine Disposal&Recycling . • 40 •• By: • 46. , Principal X:£ £6 I _g Merchants g Company(Mutual) /� • • Jei,/IáP (�_i CON 0685(4/13) �, d� p !� Thomas VA Davis ,Attorney-in-Fact 0`yOa•WN 0�0 annnnxutttaa ti '� '' MERCHANT` BONDING COMPANY.. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Jaclyn R Kruse;John R Mostoller;Marla J Davenport;Melissa Wolf;Michael Button;Pamela R Urlacher;Shanalee E Steele;Thomas VA Davis; William H Davis their true and lawful Attorney(s)-in-Fact„to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary,Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal When so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the CommonWvealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 16th day of February , 2018 . .......N44 ..........e.. .•--••. t 10 N .�NNG Cp+•. :i':'C+�SpORq eo2% .�•c,•0�P09'1s�;9�,�: MERCHANTMERCHANTS BONDING COMPANY NATIONAL (NC.(MUTUAL) %Z: -0- G':0: .r-• .• _' 2003 .4.4,5 :�'2 1933 �'c� By 7,/‘,-- ' • •,.!(j •• ••,0?•' •.�lt/ " \1a� President STATE OF IOWA •.."""..... • COUNTY OF DALLAS ss. On this this 16th day of February 2018 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrumen are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their re pective Boards of Directors. �PaLAc s ALICIA K.GRAM i� �C Commission Number 767430 . ,,et MY Commission Expires OM' April 1,2020 00..3.-de.-..... \(_ C.5‘..0...„, Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked, In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this GO'1day of Dee-c.H 6tir",ZO t g. oRPOR •� •0•�.•9P0/ •.09.. �j'� ..4(?....c.,.' 9ct.0;1..Z •' �'00 9r,'ti,�• �v�G��t�a.�.c/ ,_,011% sem :%•-• 2003 ;4- **Is.'• 1933 • c:.Z. Secretary ,v.• •Jd• •Q•• '•.��.y.........•;��`,.• •.,.iy, ..`;�a: POA 0018 (3/17) """ . H-091 CONTINUATION CERTIFICATE Premium Amount: $10,000.00 The Merchants Bonding Company (hereinafter called the Surety) hereby continues in force Its Bond No. WAC48217 in the sum of One Million Dollars and 00/100 ($1,000,000.00) Dollars, on behalf of Sunshine Recyclers, Inc. in favor of City of Spokane Valley subject to all the conditions and terms thereof through June 16, 2019 at location of risk. This Continuation is executed upon the express condition that the Surety's liability shall not be cumulative and shall be limited at all times by the amount of the penalty stated in the bond. IN WITNESS WHEREOF, the Surety has caused this instrument to be signed by its duly authorized Attorney-in-Fact and its corporate seal to be hereto affixed this 6th day of June , 2019 . Merchants Bonding Company surety By: ‘-`77 �� C is L. Heaney Attorney-in-Fact MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the'Companies')do hereby make,constitute and appoint,Indlvidualy, Amy Ferris:Brenda J Smith,Cynthia L Heiney,Jon M Riche their We and lawful Attomay(s)-In-Fact, to sign its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments in the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by Jaw This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual)on Apnl 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantsNational Bonding,Inc.,on October 16,2015. "The President, Secretary,Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-In-Fad, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." -The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking. recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed' In connection with obligations in favor of the Florida Department of Transportation only,It Is agreed that the power and aut honty hereby given to the Attorney-In-Fact includes any and all consents for the release of retained percentages andbr final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department ofTransportation malting payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of Its obligations under Its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power end authority hereby given to the Attorney-In-Fact cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modificelon or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 6th day of April , 2017 /sew `pPP�R,;j 01! g0��{iPOq;�4 MERCHANT NATIONAL NATIONALLBBONDING. 7OND NG.DING COMPANY(NC.(MUTUAL) _'• 2003 ;w; '=: 1933 :r: By oe ...... �•,. .fn'........\'h•• President STATE OF IOWA • • • COUNTY OF DALLAS ss. On this this 6th day of April 2017 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; end that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ppH(W AIJCIAK.GRAM idGpai �7 Commission NulnhExpires 0 /'� • . `�J` My Commission Fires 1`.■�.1Tu-_ei.- {\ /one April 1,2020 Notary Public (Expiration of rotary's commission does rot Inuaidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC..do hereby certify that the above and foregoing is a true and coned copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has rot been amended or revoked In Witness Whereof, I have hereunto set my hand and affixed the seal ofthe Companies as this day of iep /.03.4P4•1% .03.4 •1%Oyu �o;� "•4.'1•• de/ €100.40., p'•. 2003 ;o? :y:, 1933 ;Y Secretary ji,. �i•,: ••&# ......\ane: POA 0018 (3/17) ^*•• SUNSDIS-01LPARISOT DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 3/15/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: PHONEFAX Alliant Insurance Services, Inc. (509) 325-3024(509) 325-1803 (A/C, No, Ext):(A/C, No): 818 W Riverside Ave Ste 800 E-MAIL Spokane, WA 99201 ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # Pioneer Specialty Insurance Company40312 INSURER A : INSURED Tokio Marine Specialty Insurance Company23850 INSURER B : INSURER C : Sunshine Disposal, Inc; Sunshine Recyclers Inc. PO Box 13369 INSURER D : Spokane Valley, WA 99213-3369 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDLSUBRPOLICY EFFPOLICY EXP TYPE OF INSURANCEPOLICY NUMBERLIMITS LTRINSDWVD(MM/DD/YYYY)(MM/DD/YYYY) 1,000,000 A COMMERCIAL GENERAL LIABILITY X EACH OCCURRENCE$ DAMAGE TO RENTED 1,000,000 CLAIMS-MADEOCCUR X CPP12459569/1/20209/1/2021 $ PREMISES (Ea occurrence) X 10,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 2,000,000 XX POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY $ (Ea accident) X ANY AUTO CPP12414459/1/20209/1/2021 BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ 3,000,000 A XX UMBRELLA LIABOCCUR EACH OCCURRENCE$ UMB10416099/1/20209/1/2021 3,000,000 EXCESS LIABCLAIMS-MADE AGGREGATE$ 10,000 X DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION A STATUTEER AND EMPLOYERS' LIABILITY Y / N CPP12459569/1/20209/1/2021 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ Pollution Liability144706133/15/20213/15/2022 Occurrence5,000,000 B Pollution Liability144706133/15/20213/15/2022 Aggregate5,000,000 B DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Excess Policy #: EXL2056978, Term: 9/1/2020 to 9/1/2021, Carrier: Endurance American Specialty Insurance Co, Limits: $2,000,000 XS $3,000,000 City of Spokane Valley is additional insured (primary and non-contributory) under General Liability with respect for ongoing operations performed for the City per form attached. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave, Suite 103 Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY WN GL 139 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED CONTRACTORS OPERATIONS AND COMPLETED OPERATIONS WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (2) 1. Additional Insured Operations the injury or damage arises has been put A. Section II Who Is An Insured is amended to its intended use by any person or or- to include as an additional insured: ganization other than another contractor (1) Any person or organization for whom you or subcontractor engaged in performing are performing operations when you and operations for a principal as a part of the such person or organization have agreed same project. in writing in a contract or agreement that 2. Additional Insured Completed Operations such person or organization be added as an additional insured on your policy; and A. Section II Who Is An Insured is amended to include as an additional insured: (2) Any other person or organization you are required to add as an additional insured (1) Any person or organization for whom you under the contract or agreement de- are performing operations when you and scribed in Paragraph 1. above. such person or organization have agreed in writing in a contract or agreement that Such person(s) or organization(s) is an add- such person or organization be added as tional insured only with respect to liability for an additional insured on your policy; and "bodily injury", "property damage" or "per- sonal and advertising injury" caused, in (2) Any other person or organization you are whole or in part, by: required to add as an additional insured under the contract or agreement de- a. Your acts or omissions; or scribed in Paragraph 1. above. b. The acts or omissions of those acting on Such person(s) or organization(s) is an addi- your behalf; tional insured only with respect to liability for in the performance of your ongoing opera- "bodily injury", "property damage" or "per- tions for the additional insured. sonal and advertising injury" caused, in whole B. With respect to Additional Insured - Opera- or in part, by: tions, coverage is limited as follows: a. Your acts or omissions; or This insuranbodily in- b. The acts or omissions of those acting on j your behalf; (1) All work, including materials, parts or and included -completed op- equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or WN GL 139 06 18 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. With respect to Additional Insured Com-D. With respect to the insurance afforded to pleted Operations, coverage is limited as fol-these additional insureds, the following is lows: added to Section III Limits Of Insurance: (1) If coverage provided to the additional insured sured under Additional Insured Com-is required by a contract or agreement, the pleted Operations continues only for the most we will pay on behalf of the additional period of time required by any written con-insured is: tract or agreement. (1) The minimum amount required by the (2) The insurance provided to the additional contract or agreement; or (2) The Limits of Insurance shown in the Dec- larations; whichever is less. for which a consolidated (wrap-up) insur- This endorsement shall not increase the ap- ance program has been provided by the plicable Limits of Insurance shown in the Dec- prime contractor-project manager or larations. owner of the construction project in which you are involved. E. With respect to the insurance afforded to these additional insureds, the following addi- 3. Primary and Noncontributory tional exclusion applies: The following is added to the Other Insurance This insurance does not apply to: Condition and supersedes any provision to the contrary: "Bodily injury", "property damage" or "per- sonal and advertising injury" arising out of the Primary And Noncontributory Insurance rendering of, or the failure to render, any pro- This insurance is primary to and will not seek con- fessional architectural, engineering or survey- tribution from any other insurance available to an ing services, including: additional insured under your policy provided that: (1) The preparing, approving, or failing to (1) The additional insured is a Named Insured un- prepare or approve, maps, shop draw- der such other insurance; and ings, opinions, reports, surveys, field or- (2) You have agreed in writing in a contract or ders, change orders or drawings and agreement that this insurance would be pri- specifications; or mary and would not seek contribution from (2) Supervisory, inspection, architectural or any other insurance available to the additional engineering activities. insured. This exclusion applies even if the claims 4. Other Provisions Applicable to Additional In- against an additional insured allege negli- sured Operations and Additional Insured gence or other wrongdoing in the supervision, Completed Operations hiring, employment, training or monitoring of A. The Amendment of Insured Contract Defini- tion (Endorsement CG 24 26) does not apply to an additional insured. B. The coverage provided under Paragraph f. of Sec-rendering of or failure to render any profes- tion V Definitions does not apply to an ad-sional services by you with respect to your ditional insured under this endorsement un-providing engineering, architectural or survey- less required by a written contract or ing services in your capacity as an engineer, agreement. architect or surveyor. C. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. WN GL 139 06 18 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUATION CERTIFICATE Premium Amount: $121 The Merchants Bonding Company (Mutual) (hereinafter called the Surety) hereby continues in force its Bond No. WAC54892 in the sum of Ten Thousand Dollars and 00/100 ($10,000.00) Dollars, on behalf of Sunshine Disposal, Inc dba Sunshine Disposal & Recycling in favor of City of Spokane Valley subject to all the conditions and terms thereof from January 11, 2021 through January 11,2022 at location of risk. This Continuation is executed upon the express condition that the Surety's liability shall not be cumulative and shall be limited at all times by the amount of the penalty stated in the bond. IN WITNESS WHEREOF, the Surety has caused this instrument to be signed by its duly authorized Attorney-in-Fact and its corporate seal to be hereto affixed this 16th day of February, 2021. Merchants Bonding Company (Mutual) Surety By: 9,WJ K Holt u Attorney-in-Fact MERCHANT`S,4 BONDING COMPANY.. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint.individually, Brenda J Smith;Cynthia L Heiney;Janet K Holthaus;Jon M Riche their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,rocegnizences,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 11th day of February , 2020 . •�� .ti Vpl•�.0''.: �. �•,O• P O/4y �*4* ' POq.< MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING,INC. F' . : v=.• 2003 • s7" .� 1933 �: By c/(1017 • �•• ••1 President . .. • •. STATE OF IOWA •".... • ....'" • •• COUNTY OF DALLAS ss. On this 11th day of February 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. RIAt POLLY MASON • O y Commission Number 750576 ? 4°°° r. My Commission Expires LL kW January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NA I IONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still In full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of F�.bruc&r , pah{ P(I...... .•--•.Cp �. ��•pRPOg4r�o: �'a0••pRPO,9,i •. t: 2003 :i 1933 c. Secretary :� :yam • am. POA 0018 (1/20) "`� SUNSDIS-01LPARISOT DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/31/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: PHONEFAX Alliant Insurance Services, Inc. (509) 325-3024(509) 325-1803 (A/C, No, Ext):(A/C, No): 818 W Riverside Ave Ste 800 E-MAIL Spokane, WA 99201 ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # Pioneer Specialty Insurance Company40312 INSURER A : INSURED Tokio Marine Specialty Insurance Company23850 INSURER B : INSURER C : Sunshine Disposal, Inc; Sunshine Recyclers Inc. PO Box 13369 INSURER D : Spokane Valley, WA 99213-3369 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDLSUBRPOLICY EFFPOLICY EXP TYPE OF INSURANCEPOLICY NUMBERLIMITS LTRINSDWVD(MM/DD/YYYY)(MM/DD/YYYY) 1,000,000 A COMMERCIAL GENERAL LIABILITY X EACH OCCURRENCE$ DAMAGE TO RENTED 1,000,000 CLAIMS-MADEOCCUR X CPP12459569/1/20219/1/2022 $ PREMISES (Ea occurrence) X 10,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 2,000,000 XX POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY $ (Ea accident) X ANY AUTO CPP12414459/1/20219/1/2022 BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ 3,000,000 A XX UMBRELLA LIABOCCUR EACH OCCURRENCE$ UMB10416099/1/20219/1/2022 3,000,000 EXCESS LIABCLAIMS-MADE AGGREGATE$ 10,000 X DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION A STATUTEER AND EMPLOYERS' LIABILITY Y / N CPP12459569/1/20219/1/2022 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ Pollution LiabilityPPK22504203/15/20213/15/2022 Occurrence5,000,000 B Pollution LiabilityPPK22504203/15/20213/15/2022 Aggregate5,000,000 B DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Excess Policy #: 4389470, Term: 9/1/2021 to 9/1/2022, Carrier: GuideOne National Insurance Co, Limits: $4,000,000 XS $3,000,000 City of Spokane Valley is additional insured (primary and non-contributory) under General Liability with respect for ongoing operations performed for the City per form attached. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave, Suite 103 Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY WN GL 139 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED CONTRACTORS OPERATIONS AND COMPLETED OPERATIONS WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (2) 1. Additional Insured Operations the injury or damage arises has been put A. Section II Who Is An Insured is amended to its intended use by any person or or- to include as an additional insured: ganization other than another contractor (1) Any person or organization for whom you or subcontractor engaged in performing are performing operations when you and operations for a principal as a part of the such person or organization have agreed same project. in writing in a contract or agreement that 2. Additional Insured Completed Operations such person or organization be added as an additional insured on your policy; and A. Section II Who Is An Insured is amended to include as an additional insured: (2) Any other person or organization you are required to add as an additional insured (1) Any person or organization for whom you under the contract or agreement de- are performing operations when you and scribed in Paragraph 1. above. such person or organization have agreed in writing in a contract or agreement that Such person(s) or organization(s) is an add- such person or organization be added as tional insured only with respect to liability for an additional insured on your policy; and "bodily injury", "property damage" or "per- sonal and advertising injury" caused, in (2) Any other person or organization you are whole or in part, by: required to add as an additional insured under the contract or agreement de- a. Your acts or omissions; or scribed in Paragraph 1. above. b. The acts or omissions of those acting on Such person(s) or organization(s) is an addi- your behalf; tional insured only with respect to liability for in the performance of your ongoing opera- "bodily injury", "property damage" or "per- tions for the additional insured. sonal and advertising injury" caused, in whole B. With respect to Additional Insured - Opera- or in part, by: tions, coverage is limited as follows: a. Your acts or omissions; or This insuranbodily in- b. The acts or omissions of those acting on j your behalf; (1) All work, including materials, parts or and included -completed op- equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or WN GL 139 06 18 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. With respect to Additional Insured Com-D. With respect to the insurance afforded to pleted Operations, coverage is limited as fol-these additional insureds, the following is lows: added to Section III Limits Of Insurance: (1) If coverage provided to the additional insured sured under Additional Insured Com-is required by a contract or agreement, the pleted Operations continues only for the most we will pay on behalf of the additional period of time required by any written con-insured is: tract or agreement. (1) The minimum amount required by the (2) The insurance provided to the additional contract or agreement; or (2) The Limits of Insurance shown in the Dec- larations; whichever is less. for which a consolidated (wrap-up) insur- This endorsement shall not increase the ap- ance program has been provided by the plicable Limits of Insurance shown in the Dec- prime contractor-project manager or larations. owner of the construction project in which you are involved. E. With respect to the insurance afforded to these additional insureds, the following addi- 3. Primary and Noncontributory tional exclusion applies: The following is added to the Other Insurance This insurance does not apply to: Condition and supersedes any provision to the contrary: "Bodily injury", "property damage" or "per- sonal and advertising injury" arising out of the Primary And Noncontributory Insurance rendering of, or the failure to render, any pro- This insurance is primary to and will not seek con- fessional architectural, engineering or survey- tribution from any other insurance available to an ing services, including: additional insured under your policy provided that: (1) The preparing, approving, or failing to (1) The additional insured is a Named Insured un- prepare or approve, maps, shop draw- der such other insurance; and ings, opinions, reports, surveys, field or- (2) You have agreed in writing in a contract or ders, change orders or drawings and agreement that this insurance would be pri- specifications; or mary and would not seek contribution from (2) Supervisory, inspection, architectural or any other insurance available to the additional engineering activities. insured. This exclusion applies even if the claims 4. Other Provisions Applicable to Additional In- against an additional insured allege negli- sured Operations and Additional Insured gence or other wrongdoing in the supervision, Completed Operations hiring, employment, training or monitoring of A. The Amendment of Insured Contract Defini- tion (Endorsement CG 24 26) does not apply to an additional insured. B. The coverage provided under Paragraph f. of Sec-rendering of or failure to render any profes- tion V Definitions does not apply to an ad-sional services by you with respect to your ditional insured under this endorsement un-providing engineering, architectural or survey- less required by a written contract or ing services in your capacity as an engineer, agreement. architect or surveyor. C. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. WN GL 139 06 18 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUATION CERTIFICATE Premium Amount: $10,000.00 The Merchants Bonding Company (hereinafter called the Surety) hereby continues in force its Bond No. WAC48217 in the sum of One Million and 00/100 Dollars ($1,000,000.00), on behalf of Sunshine Recyclers, Inc. in favor of City of Spokane Valley subject to all the conditions and terms thereof through June 15, 2022 at location of risk. This Continuation is executed upon the express condition that the Surety's liability shall not be cumulative and shall be limited at all times by the amount of the penalty stated in the bond. IN WITNESS WHEREOF, the Surety has caused this instrument to be signed by its duly authorized Attorney-in-Fact and its corporate seal to be hereto affixed this 27th day of May , 2021 . Merchants Bonding Company Surety C nthia L. Heiney, Attorney-in-Face • MERCHANT'S BONDING COMPANY ., POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Brenda J Smith;Cynthia L Heiney;Janet K Holthaus;Jon M Riche their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 11th day of February , 2020 • • PPOR. 6'p: •.cP' �P0 •'. MERCHANTS BONDING COMPANY(MUTUAL) :cj 4��•2: •VO 4�.y • MERCHANT NATIONAL BONDING, INC. r • 2003 0: :a•• 1933 c: By • .• ."4 .• •cam. • dG e '••......••:;v.. • ••. \1a•• Presiden '‘ t •��.. . STATE OF IOWA """"' COUNTY OF DALLAS ss. On this 11th day of February 2020 , before me appeared Larry Taylor, to me personalty known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �ptttAt s POLLY MASON O ° v Commission Number 750576 z 44�� : My Commission Expires tmP January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 27th day of May ,2021 . Z�yoR Rqj�Q. :• vOR '9 •,.y• s=s�.�,-�.�t�� -o v��' : 'a' 1933 0•3. Secretary :0. 2003 . : : v 2. • • ti: POA 0018 (1/20) """ , PERFORMANCE BOND Bond Number: WAc54892 Annual Form • KNOW ALL. BY THESE PRESENTS, That we Sunshine Disposal,Inc dba Sunshine Disposal&Recycling , as Principal, and Merchants Bonding Company(Mutual) , of Iowa , authorized to do business in the State of Iowa , as Surety, are held and firmly bound unto City of Spokane Valley , as Obligee, in the maximum penal sum of Ten Thousand and 00/100ths Dollars ($10,000.00 ), lawful money of the United States of America, for which payment well and truly to be made we bind ourselves, our heirs, executors and assigns,jointly and severally, firmly by this Bond. WHEREAS, the Principal has entered, or is about to enter, into a written agreement with the Obligee to perform in accordance with the terms and conditions of the Comprehensive Drop-box Container Collection Contract , (hereinafter referred to as the Contract), said Contract is hereby referred to and made a part hereof; NOW, THEREFORE, the condition of this obligation is such that if the above named Principal, its successors and assigns, shall well and truly perform its obligations as set forth in the above mentioned Contract, then this Bond shall be void; otherwise to remain in full force and effect pursuant to its terms. Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express conditions: 1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of January 11, 2022 to January 11, 2023 . The Bond may be extended, at the sole option of the Surety, by continuation certificate for additional periods from the expiry date hereof. However, neither: (a) the Surety's decision not to issue a continuation certificate, nor(b) the failure or inability of the Principal to file a replacement bond or other security in the event the Surety exercises its right to not renew this Bond, shall itself constitute a loss to the Obligee recoverable under this Bond or any extension thereof. 2. The above referenced Contract has a term ending January 11, 2023 . Regardless of the number of years this Bond is in force or the number of continuation certificates issued, this Bond shall not be extended beyond January 11, 2023 , unless earlier nonrenewed pursuant to paragraph 1 above. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year from termination or expiration of the bond term. 4. Regardless of the number of years this Bond is in force or the number of continuation certificates issued, the liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider. 5. Any notice, demand, certification or request for payment, made under this Bond shall be made in writing to the Surety at the address specified below. Any demand or request for payment must be made prior to the expiry date of this Bond. Surety Address: Merchants Bonding Company(Mutual) 2I 00 Fleur Drive Des Moines,Iowa 50321-1158 _ Attn: Claims Department 6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and as described in the underlying Contract, then the terms of this Bond shall prevail. SIGNED, SEALED AND DATED this 10th day of January ,2022 Su�huje-Di ,Inc dba Sunshine Disposal&Recycling . By: , Principal Merch onding Compan_4y(Mutual) By: _ __ _ '— --- _ CON 0685 (4/13) Th as VA Davis ,Attorney-in-Fact • MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually, AiLi Palmer;Jaclyn R Kruse;John R Mostoller;Marla J Davenport;Melissa Wolf;Michael Button;Thomas VA Davis their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 20th day of January , 2021 . ...... ••.•• 10Ng4 06 CQ'•. 4''RPO/Q' e�. ."'4�• �yi•• MERCHANTS BONDING COMPANY(MUTUAL) 'l . .Vco ° 4J '•ZL . 'c© �•9',;.�•• MERCHANT NATIONAL BONDING,INC. v'. •a• 77 2003 `0• ;•4*. 1933 By '•0 '' ''• '• ' �� *. President *• ' .• • . STATE OF IOWA ......"......%• • COUNTY OF DALLAS ss. On this 20th day of January 2021 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. i.Q•RIA(s+ POLLY MASON O Commission Number 750576 pAta • da • t� My Commission Expires imp- January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. 4_ In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this I It day of Imam Zozl. .•.--•. •••••Pt10Nq� •••4NAG CQ A• 4.`' :OAPOR,q� oit,': •Q?yQ '9;,; �,c* .%�, 'y�' 4144.<104.446.70.0a' 2003 v y0` .111 _ 1933 b'c: Secretary POA 0018 (1/20) ""' • MERCHANTS BONDING COMPANY,. MERCHANTS BONDING COMPANY (MUTUAL) P.O. Box 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 PERFORMANCE BOND Annual —Cancelable Form Bond No, WAC48217 Sunshine Recyclers,Inc.DBA Sunshine Disposal and Recycling KNOW ALL BY THESE PRESENTS,That we , as Principal,and Merchants Bonding Company(Mutual) , of Iowa , authorized to do business in the State of WA ,as Surety,are held and firmly bound unto t it cntipol.anc Valle• as Obligee, in the maximum penal sum of One Million and 00/100 Dollars Dollars($I,000,000.00 ), lawful money of the United States of America, for which payment well and truly to be made we bind ourselves,our heirs,executors and assigns,jointly and severally,firmly by this Surety Bond. WHEREAS, the Principal has entered, or is about to enter, into a written agreement with the Obligee to perform in accordance with the terms and conditions of the 07366 Contract (hereinafter referred to as the Contract), said Contract is hereby referred to and made a part hereof; NOW, THEREFORE, the condition of this obligation is such that if the above named Principal, its successors and assigns, shall well and truly perform its obligations as set forth in the above mentioned Contract, then this Bond shall be void; otherwise to remain in full force and effect pursuant to its terms. Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express conditions: 1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of June 15th,2022 to June 15th, 2023 The Bond may be extended,at the sole option of the Surety, by continuation certificate for additional periods from the expiry date hereof. However, neither: (a) the Surety's decisio not to issue a continuation certificate, nor(b)the failure or inability of the Principal to file a replacement bond or other security in the event the Surety exercises its right to not renew or cancel this Bond (pursuant to paragraph 2 below),shall itself constitute a loss to the Obligee recoverable under this Bond or any extension thereof. 2.This Bond may be canceled at any time upon thirty(30)days advance written notice from the Surety to the Obligee. 3. The above referenced Contract has a term ending June 15th,2023 Regardless of the number of years this Bond is in force or the number of continuation certificates issued,this Bond shall have the final and definite expiration date of June 15th, 2023 , unless earlier nonrenewed or canceled pursuant to paragraph 1 or 2 above. 4. No claim,action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year from termination or expiration of the bond term. 5.Regardless of the number of years this Bond is in force or the number of continuation certificates issued,the liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider. 6. Any notice, demand, certification or request for payment, made under this Bond shall be made in writing to the Surety at the address specified below. Any demand or request for payment must be made prior to the expiry date of this Bond. SuretyAddress: Merchants Bonding Company(Mutual) P.O. Box 14498, Des Moines, Iowa 50306-3498 Attn: Claims Department 7.If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond an as described in the underlying Contract,then the terms of this Bond shall prevail. SIGNED,SEALED AND DATED th!s 16th day of May 2022 By: unshine Recyclers,Inc.DBA Sunshine Disposal and Recce ,Principal Merchants Bonding Company(Mutual) By:()At/Xt. il,i Palmer ,Attorney-in-Fact CON 0672 (8/18) 4 • MERCHANT-74k BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, AiLi Palmer;Jaclyn R Kruse;John R Mostoller;Marla J Davenport;Melissa Wolf; Michael Button;Thomas VA Davis their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantsNational Bonding, Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 20th day of January , 2021 . ..` r• •`•�111MMR V •• •` . �PO/�' %.•% ,.• • )'' '$PO4�;'.1:0 MERCHANT• MERCHANTS BONDING COMPANY NATIONAL BONDING,(MUTUAL) 2vo 41,-. I. • 'c° .+'.,t• -0- v:oc :�-. -o- '"' . . j. 2003 :y� 1933 `c; By 7er-71.„ ••�. • ••v• . • ....A.-• • COUNTY OF DALLAS ss. On this 20th day of January 2021 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. otiA4 s POLLY MASON O . Commission Number 750576 4dC� O� U My Commission Expires • P /o • January 07, 2023 OW Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this (C day of A f......... •a,...•, D ,.••P-00 N4 ••.. •••WA Co j••. �RPOR,q• : ••*C�6iPa3q�'o!�• do/ i•'+✓.s ' _' 2003 0`�: %'t 1933 �'lit Z. Secretary ��'' """ POA 0018 (1/20) . I y .-DIE3 Lf --00 1 SUNSDIS-01 LPARIS 4111. va CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDNYYY) 4N191f94 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER IACT Alliant Insurance Services, Inc. PHONE FAx 818 W Riverside Ave Ste 800 (Arc, No, Ext): (509) 325-3024 (A/C, No):(509) 325.1803 Spokane, WA 99201 ApSS; INSURED Sunshine Disposal, Inc; Sunshine Recyciers Inc. PO Box 13369 Spokane Valley, WA 99213.3369 INSURER(Si AFFORDING COVERAGE NAIC 0 INSURER A: Pioneer Specialty Insurance Company 40312 INSURER e : Toklo Marine Specialty Insurance Company 23850 INSURER C : INSURER D : INSURER E : rnvPRAnFC rCRTICIrATC kIIISIRCO- OC%nCInu atliunco. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN311LTR TYPE OF INSURANCE ADOL,SD SUER WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LU18LnY EACH OCCURRENCE S 1,000,000 CLAIMSMADE X OCCURX CPP1245956 9/1/2023 9/1/2024 RMISEjEsoccurnce) $ PEESO_e. 1,000,000 MED EXP (Any one person) S 10,000 PERSONAL d ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY X JET X LOC PRODUCTS - COMPIOP AGG $ 2,000,000 OTHER. A AUTOMOBILE LIABILITY COMBBIINEEDOSINGLE LIMIT $ 1,000,00(Esdin0 X ANY AUTO CPP1241"5 9/1/2023 9/1/2024 BODILY INJURY (Perperson) S OWNED SCHEDULED . AUTOS ONLY AUTOS BODILY BODILY INJURY (Per accident). $ _ . AUTOS ONLY AUOTOS ONLY PReOPQBmDAMAGE S A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 3,000,000 EXCESS I" CLAIMS -MADE UMS1041609 9/1/2023 9/1/2024 AGGREGATE § 3,000,000 DED X RETENTIONS 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER OTH- STATUTE ER YIN ANY PROPRIETORIPARTNER+EXECUTIVE CPP1245956 9/1/2023 9/112024 E.L. EACH ACCIDENT s 1,000,000 OMFa ICMA*M� EXCLUDED? NIA f --- 1,000,000 ItiesS6describeunder A EMPLOYEE E.L. DISEASE - EPEE $ -._.... ... 1,000,000 RIPTIQN OF OPERATIONS below E.L. DISEASE • POLICY LIMIT B Pollution Liability PPK2529178 3115/2023 3115/2024 Occurrence 5,000,000 B Pollution Liability PPK2529179 3/1512023 3/15/2024 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ((ACORD 101, Additicnal Remarks Schedule, may be attached if mom space is required) Excess Policy *: 4389470, Term: 9/1/2021 to 9/112022, Carrier: GuldeOne National Insurance Co. Limits: $4,000,000 XS $3,000,000 City of Spokane Valley is additional insured (primary and non-contributory) under General Liability with respect for ongoing operations performed for the City par form attached. r COTICId'ATC YA1 nCO P`ALIPCe 1 Arenu SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Spokane Valley ti y 11707 E Sprague Ave, Suite 103 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley, WA 99206 AUTHOR® REPRESENTATIVE (i/ I" C-:4—I ACORD 25 (2016103) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MERCHANj7S'�k BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 PERFORMANCE BOND Annual —Cancelable Form Bond No. WAC48217 KNOW ALL BY THESE PRESENTS, That we Sunshine Recyclers. Inc. DBA Sunshine Disposal and Recycling , as Principal, and Merchants Bonding Company (Mutual) , of Iowa V.11, , authorized to do business in the State o , as 51,11rety, are hold and firmlyound unto as Obligee, in the maximum pen— as sum of One Million and 00/100 Dollars ($1,000,000.00 ), lawful money of the United States of America, for which payment well and tru y to be made we n ourse ves, our heirs, executors and assigns, jointly and severally, firmly by this Surety Bond. WHEREAS, the Principal has entered, or is about to enter, into a written agreement with the Obligee to perform in accordance with the terms and conditions of the 07366 Contract (hereinafter referred to as the Contract), said Contract 1s hereby referred to and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the above named Principal, its successors and assigns, shall well and truly perform its obligations as set forth in the above mentioned Contract, then this Bond shall be void; otherwise to remain in full force and effect pursuant to its terms. Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express conditions: 1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of June 15th 2023 to June 15th, 2024 The Bond may be extended, at the sole option of the Surety, by continuation certificate for additional periods from the expiry date hereof. However, neither: (a) the Surety s decisio not to issue a continuation certificate, nor (b) the failure or inability of the Principal to file a replacement bond or other security in the event the Surety exercises its right to not renew or cancel this Bond (pursuant to paragraph 2 below), shall itself constitute a loss to the Obligee recoverable under this Bond or any extension thereof. 2. This Bond may be canceled at any time upon thirty (30) days advance written notice from the Surety to the Obligee. 3. The above referenced Contract has a tern ending June 15th, 2024 Regardless of the number of years this Bond is in force or the number of continuation certificates issued, this Bond shall have the final and definite expiration date of June 15th, 2024 , unless earlier nonrenewed or canceled pursuant to paragraph 1 or 2 above. 4. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year from termination or expiration of the bond term. 6. Regardless of the number of years this Bond is in force or the number of continuation certificates issued, the liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider. 6. Any notice, demand, certification or request for payment, made under this Bond shall be made In writing to the Surety at the address specified below. Any demand or request for payment must be made prior to the expiry date of this Bond. SuretyAddress: Merchants Bonding Company (Mutual) P.O. Box 14498, Des Moines, Iowa 50306-3498 Attn: Claims Department 7. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond an as described In the underlying Contract, then the terms of this Bond shall prevail. SIGNED, SEALED AND DATED this 2ndd day of Merchants Bonding Company (Mutual) CON 0672 (8/18) June 2023 Sunshine Recycicrs, nc. DBA Sunshine Disposal and Rec:0 , Principal ennifer Martinez Ibarra , Attorneyan-Fact M.ERCW�NT�S BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the 'Companies') do hereby make, constitute and appoint, individually, AiLi Palmer; Jaclyn R Kruse; Jennifer Martinez Ibarra; Madison Czarapata; Melissa Wolf, Michael Button; Thomas Denison their true and lawful Attorney(s)-in-Fact, to sign its name as surety(bes) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments in the nature thereof. on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof.' 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed' In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and out hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of Its obligations under its bond. In connection with obligations In favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey4n-Fact cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 22nd day of May , 2023 . 00• •"• • CMERCHANTS BONDING COMPANY (MUTUAL) ••��Na O,�•o• MERCHANTS NATIONAL BONDING, INC. �O; 0�1POq' .}! • d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY . coo � . t~..:. -o- ea . * :y•. 1933 ; �y� By •'.�6d\1A.'� President STATE OFIOWA '•:, S7 .:` •'�..{;.•••• COUNTY OF DALLAS ss. On this 22nd day of May 2023 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he Is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing Instrument are the Corporate Seals of the Companies; and that the said Instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. IaMLW Cear 0mviNuiher70Q13T Notary Pubffc (Expiration of notary's commission does not Invalidate this Instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof,/ have hereunto set my hand a and POA 0018 (10/22) affixed the _seal of the Companies an this 2nd day of June 2023 �o �pPOA. i`✓ �� s' a Secretary % 1935 - . C.' Aki Sunshine Disposal & Recyclinj October 4, 2023 CITY OF SPOKANE VALLEY 10210 E SPRAGUE AVE SPOKANE VALLEY, WA 99206-3682 Dear Customer, 2219810 In accordance with our contract with the City of Spokane Valley, refuse collection rates are increasing effective December 1, 2023. Current and new rates are as follows. Current Rate Eff 12-1-23 Permanent Customers (Non -Compacted) 20 Yd Haul $ 80.01 $84.57 30 Yd Haul $ 83.68 $88.45 40 Yd Haul $ 92.33 $97.59 20 Yd Rent/Mo $ 67.69 $71.55 30 Yd Rent/Mo $ 74.84 $79.11 40 Yd Rent/Mo $ 91.08 $96.27 Permanent Customers (Compacted) 20 Yd Haul $137.86 $145.72 25 Yd Haul $137.86 $145.72 30 Yd Haul $137.86 $145.72 40 Yd Haul $166.23 $175.71 Temporary Customers (Non -Compacted) Delivery $ 49.24 $ 52.05 20 Yd Haul $104.63 $110.59 30 Yd Haul $117.03 $123.70 40 Yd Haul $117.03 $123.70 20 Yd Rent/Day $ 4.93 $ 5.21 30 Yd Rent/Day $ 5.53 $ 5.85 40 Yd Rent/Day $ 6.16 $ 6.51 Other Charges Miles over 5 $ 3.52 $ 3.72 Current Rate Eff 12-1-23 Disposal per ton at University Rd Transfer Station MSW $114.38 $ 121.27 Yard Debris $ 61.62 $ 65.13 CDL $ 96.00 $ 101.50 If you have any questions, please contact our office at 509-924-5678 Sincerely, Sunshine Disposal & Recycling P Sunshine Disposal & Recycling October 4, 2023 CITY OF SPOKANE VALLEY 10210 E SPRAGUE AVE SPOKANE VALLEY, WA 99206-3682 Dear Customer: Effective 12-1-2023 new rates will go into effect at the Spokane Valley University Road Transfer Station. The increased rates are as follows: Material Rate/Ton Min Charge MSW / Household Garbage $121.27 Construction/Demolition $101.50 Organic/Yard Debris $ 65.13 $19.81 (Plus 3.6% state tax) $19.81 (Plus 3.6% state tax) $13.00 We appreciate your business. Please call us if you have any questions or need any additional services. Sincerely, Sunshine Disposal & Recycling 509-924-5678 MERCHANTS BONDING COMPANY, MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 PERFORMANCE BOND Annual — Cancelable Form Bond No. WAC48217 KNOW ALL BY THESE PRESENTS, That we Sunshine Recylers, Inc. DBA Sunshine Disposal and Recycling , as Principal, and Merchants Bonding Company (Mutual) , of Iowa authorized to do business in the State o , as Surety, are held and firm boundunto as Obligee, in the maximum penal sum of One Million and 00/100 Dollars ( $I,000,000.00 ), lawful money of the United States of America, for which payment well and truly to be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by this Surety Bond. WHEREAS, the Principal has entered, or is about to enter, into a written agreement with the Obligee to perform in accordance with the terms and conditions of the 07366 Contract (hereinafter referred to as the Contract), said Contract is hereby referred to and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the above named Principal, its successors and assigns, shall well and truly perform its obligations as set forth in the above mentioned Contract, then this Bond shall be void; otherwise to remain in full force and effect pursuant to its terms. Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express conditions: 1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of June 15th, 2024 to June 15th, 2025 The Bond may be extended, at the sole option of the Surety, by continuation certificate for additional periods from the expiry date hereof. However, neither: (a) the Surety's decisio not to issue a continuation certificate, nor (b) the failure or inability of the Principal to file a replacement bond or other security in the event the Surety exercises its right to not renew or cancel this Bond (pursuant to paragraph 2 below), shall itself constitute a loss to the Obligee recoverable under this Bond or any extension thereof. 2. This Bond may be canceled at any time upon thirty (30) days advance written notice from the Surety to the Obligee. 3. The above referenced Contract has a term ending June 15th, 2025 Regardless of the number of years this Bond is in force or the number of continuation certificates issued, this Bond shall have the final and definite expiration date of June 15th, 2025 , unless earlier nonrenewed or canceled pursuant to paragraph 1 or 2 above. 4. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year from termination or expiration of the bond term. 5. Regardless of the number of years this Bond is in force or the number of continuation certificates issued, the liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider. 6. Any notice, demand, certification or request for payment, made under this Bond shall be made in writing to the Surety at the address specified below. Any demand or request for payment must be made prior to the expiry date of this Bond. SuretyAddress: Merchants Bonding Company (Mutual) P.O. Box 14498, Des Moines, Iowa 50306-3498 Attn: Claims Department 7. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond an as described in the underlying Contract, then the terms of this Bond shall prevail. SIGNED, SEALED AND DATED this —_. 4tlI _day of By: Merchants 13onding Co?npany (Mutual) By: June 2024 SunsT i`ne Recyclers, Inc. DBA Sunshine Disposal and Rcc:a , Principal e nifer artinez Ibarra , Attorney4n-Fact CON 0672 (8/18) 9sIVA , I MANNA I Ina 07 Ila Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,. both being corporations of the State of Iowa, dtbla Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Jennifer Martinez Ibarra Surstg 800 9: WAC48217 Priru: Sunshine Recyclers, Inc. ObIges, The City of Spokane Valley their true and la!wU Attorneys) -in -Fact, to sign As name as sureety(tes) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and ether written Instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by low, This Pow r-af-Atlomey is granted and Is signed and sealed by facsimile under and by authority of the following By -Laws adapted by ft Board of Directors of Merchants Bondinrfl Company (Mutual) on April 73, 2011 and amended August 14, 2015 and adapted by the. Board of Directors of Merchants National Bonding, Inc,, on October 16, 2016, "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attt rys-in-l;aet, and to authorize them to execute an behalf of the Company,, and attars the seal of the Company thereto, bands and undertakings, recognizainces, contracts of indemnity and other writings obligatory in the nature thereof.' "The signature of any authorized officer and the seal of the Company may W affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the sane force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and out hordy hereby given to the Attomeey-in-Fact includes any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation, It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor andlor its assignee, shall not relieve this surety company of any of its obligations under its brand. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorneys fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth_ of Kentucky at bash thirty (M days prior to the modification or revocatkm. In Vtstness Wheere d, the Companies have caused this instrument to be signed and sealed this 4th day of June , 2024 p N CO MERCHANTS NATIONALBONDING, NC.. dfhlar MERCHANTS NATIONAL INDEMNITY COMPANY �. 1 By VW STATE OF It3rNA �"•r•, �sr•'`~� •s#� � a" President COUNTY OF CALI.AS ss. On this 4th day of June, 2024 before me appeared Larry Taylor,: to me personally known, who being by me duty sworn did say that he Is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC,; and that the seals affixed to the foregoing instrument are the Corporate Seats of the Companies; and that the said instrument was signed and aerated in behaff of the Companies by authority of theair respective Boards of Directors., -•"""' PENNI MILLER Commission hEurnber 787952 My Ommissm Wires January 20, 2027 Notely i ubfic (Expiration of notary's commission noes not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and coned copy of the R-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In iNitness Whereof, I have hereunto set my hand aid afroiimliiheiwal of the Companies on this 4th day of June 2024 r � Secretary P'OA 0018 (1124)