2017, 12-05 Study SessionAGENDA
SPOKANE VALLEY CITY COUNCIL
STUDY SESSION FORMAT
Tuesday, December 5, 2017
CITY HALL COUNCIL CHAMBERS
10210 East Sprague Avenue, First Floor
(Please Silence Your Cell Phones During the Meeting)
6:00 p.m.
DISCUSSION LEADER
SUBJECT/ACTIVITY
GOAL
CALL TO ORDER
ROLL CALL
1. John Whitehead
2. Cary Driskell, Elisha Heath
3. John Pietro
4. Morgan Koudelka
Resolution Updating Insurance and Health
Related Benefits
Sidewalk Snow Removal Implementation
Police Precinct Lease Agreement
Commute Trip Reduction
5. Erik Lamb, Morgan Koudelka Solid Waste Drop Box Contract
Henry Allen with Sunshine, and Waste Management
6. Gloria Mantz, Henry Allen
7. Gloria Mantz, Bill Helbig
8. Mayor Higgins
9. Mayor Higgins
10. Mark Calhoun
ADJOURN
Street Standards Update
Federally Funded Properties, Acquisition
Requirements
Advance Agenda
Council Check in
City Manager Comments
Discussion/Information
Discussion/Information
Discussion/Information
Discussion/Information
Discussion/Information
Discussion/Information
Discussion/Information
Discussion/Information
Discussion/Information
Discussion/Information
Study Session Agenda, December 5, 2017 Page 1 of 1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 5, 2017 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation❑ executive session
AGENDA ITEM TITLE: Resolution 17-020 Specifying Insurance plans and health related benefits
for employees and City Councilmembers.
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: The City of Spokane Valley City Council approved
Resolution 13-002 in March 2013 to delineate the benefits provided to City Councilmembers and
regular employees of the City. The Council also ratified the 2016-2018 Collective Bargaining
Agreement in December, 2015 describing the benefits provided to regular City employees.
BACKGROUND: The Council periodically reviews and amends the City Resolution concerning
Council and employee benefits. The City has been informed by the Association of Washington
Cities (AWC) Benefits Trust which administers the benefits provided by the City, that the medical
plans currently offered to City Councilmembers will terminate at the end of 2017.
OPTIONS: Consensus to place Resolution 17-020 on the December 12 Council Agenda .
RECOMMENDED ACTION OR MOTION: Consensus to place Resolution 17-020 on the
December 12 Council Agenda.
BUDGET/FINANCIAL IMPACTS: The budgetary impacts of this resolution are included in the
approved 2018 City Budget.
STAFF CONTACT: John Whitehead, Human Resources Manager
ATTACHMENTS Draft Resolution 17-020
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 17-020
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, REPEALING AND REPLACING RESOLUTION NO. 13-002, SPECIFYING
THE INSURANCE PLANS AND HEALTH RELATED BENEFITS FOR CITY EMPLOYEES
AND COUNCILMEMBERS, AND OTHER MATTERS RELATED THERETO.
WHEREAS, the City Council adopted Resolution 13-002 on March 26, 2013, which superseded
Resolution No. 11-012, and provided medical, dental and other benefits for its eligible employees and
Councilmembers through the Association of Washington Cities (AWC) Employee Benefit Trust, or other means;
and
WHEREAS, the City Council desires to adopt the specific plans and contribution rates for each
designated plan.
NOW, THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington, as follows:
Section 1. Medical Insurance. The City Council hereby specifies the Asuris Northwest Health
250 Plan, the Kaiser Permanente Access PPO Plan and the Kaiser Permanente $200 deductible Plan for
Councilmembers and employees.
The City shall pay 100% of the premium of either health plan for the Councilmember, spouse and dependents.
The City shall pay 80% of premium increases in addition to the amount the City paid in 2015 for the employee,
spouse, and dependents, applicable to each employee coverage category.
The City shall provide a Premium Only Program (POP) allowing employees to pay their share of the premium
costs through pre-tax income. Employee participation in the POP program is voluntary.
Section 2. Dental Insurance. The City Council hereby specifies the AWC Trust Washington
Dental Service Plan E with Orthodontia Rider Plan II as the currently authorized employee dental plan for
eligible City employees and Councilmembers. The City shall pay 100% of the premium for the
employee/Councilmember, spouse and dependents, as required by the AWC Employee Benefit Trust
Underwriting rules.
Section 3. Life Insurance. The City Council hereby specifies the AWC Trust Life Insurance Plan
at two times the sum of annual earnings rounded up to the nearest $1,000 with the accidental death and
dismemberment (AD&D) option as the currently authorized employee life insurance plan for eligible City
employees and Councilmembers. The City shall pay 100% of the premium for the employee/Councilmember.
Employees/Councilmembers shall also be authorized to acquire additional supplemental or dependent life
insurance coverage through the plan on a self -pay basis through payroll deduction pursuant to AWC
underwriting rules.
Section 4. Long Term Disability Insurance. The City Council hereby specifies the AWC Trust
Standard Insurance Long Term Disability Plan Option 1 (60% benefit; 90 -day elimination) as the currently
authorized long term disability plan for City employees. The City shall pay 100% of the premium for the
employee as required by the AWC Employee Benefit Trust Underwriting rules.
Section 5. Employee Assistance Program. The City Council hereby specifies the AWC Trust
Employee Assistance Program as the currently authorized employee assistance program for eligible City
Resolution 17-020 Specifying Insurance Plans and Health Related Benefits Page 1 of 2
DRAFT
employees/Councilmembers. The City shall pay 100% of the premium for the employee/Councilmember as
required by the AWC Employee Benefit Trust Underwriting rules.
Section 6. Vision Care. The City Council hereby specifies the AWC Trust Vision Service Plan
(VSP) $25 Co -Pay plan as the currently authorized vision care program for eligible City
employees/Councilmembers. The City shall pay 100% of the premium for eligible employees/Councilmembers
as required by the AWC Employee Benefit Trust Underwriting rules.
Section 7. Review and Adoption. Unless otherwise provided for by contract, the City Council
shall periodically review the insurance plans and health related benefits of City employees/Councilmembers.
Changes to the health related benefit programs shall be specified and approved as part of the annual budget
adoption process, or adopted separately by resolution of the City Council.
Section 8. Repeal of Resolution. The City Council hereby repeals Resolution No. 13-002.
Section 9. Effective Date. This Resolution shall be effective January 1, 2018.
Adopted this day of December, 2017.
City of Spokane Valley
R.L. Higgins, Mayor
ATTEST:
Christine Bainbridge, City Clerk
Approved as to form:
Office of the City Attorney
Resolution 17-020 Specifying Insurance Plans and Health Related Benefits Page 1 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 5, 2017 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Sidewalk Snow Removal Implementation.
GOVERNING LEGISLATION: SVMC 7.45.
PREVIOUS COUNCIL ACTION TAKEN: Adoption of 17-010 October 3, 2017, effective October
18, 2017.
BACKGROUND:
A. Brief history of adoption of chapter 7.45 SVMC.
Until October, 2017, the only regulatory mechanism the City had to enforce removal of snow
and ice from public sidewalks was through SVMC 7.05.040, referred to as the Nuisance
Code. That was highly ineffective because of the timeframes and penalties provided. As
such, the City engaged in a lengthy process of analyzing various options, including through
convening an ad hoc committee that included members of the community, staff, and
Councilmember Pace and Deputy Mayor Woodard.
The final ordinance that was adopted identified that only Tier I areas would be enforced until
the Council took further action to implement Tier 11 enforcement. Tier I includes
commercially -zoned areas and those streets that are identified as Safe Routes to School.
The final ordinance also reflected the City's desire to acknowledge its role in past snow
seasons to increase the amount of snow on public sidewalks, and focus on how the City
could reduce such impacts. The City replaced the batwing plow blades on several trucks
with flat blades because the batwing blades are designed to throw the snow farther, which
resulted in more snow and ice on sidewalks. Additionally, the plow drivers have been
instructed to slow down a little to push more snow adjacent to the curb and in bike lanes.
The Council and staff also emphasized the need to inform the public about the new
requirements through an educational program.
B. Implementation of the educational program:
Staff identified 54 businesses in the region that provide snow removal services. The City
sent a letter to these business, which included a map of the City identifying Tier I and Tier II
areas. The letter served two purposes: first to make the business aware of the change to be
able to offer sidewalk snow removal services to their customers this winter; and second, to
stop the snow removal business from pushing snow from parking lots onto sidewalks.
Notifying Tier I properties of the Code provisions was done through mailing 7,147 Tier I
notification packets to owners and occupants of 8,647 parcels. Letters were sent to the
occupant of the property in addition to the property owners in case the property owner
placed the responsibility back on the occupant. While some addresses received two letters
(one to the owner and one to the occupant) the intent was to educate as many people as
possible of the new requirements. The Tier I notification packet included a letter outlining
specific requirements, including the 48 hour time frame from the conclusion of the snow
event to clear the sidewalk and the amount of the citation for non-compliance; a copy of the
applicable Code provisions for their reference; and a sidewalk snow removal brochure
including map and contact information for assistance resources.
The City recognizes there will be citizens affected by these Code provisions who are unable
to clear the snow and ice from their sidewalk. As such, staff reached out to a number of
local service organizations that provide assistance resources for these types of individuals.
The two agencies that agreed to assist are Catholic Charities Chore Service for citizens who
are age 65 and older, and Washington State Mission Office LDS. Contact information for
these services was provided to Tier I properties in the Sidewalk Snow Removal Brochure, is
listed on the website, and is provided to citizens over the phone.
The City's sidewalk snow removal webpage with FAQs includes a Zink to a searchable City
map showing each property in the City, and whether it is designated as Tier I or Tier 2. This
map allows anybody to easily determine which Tier their property falls under. The City also
included all of this information in its Hot Topics Newsletter mailed to all properties in the City
the week after Thanksgiving.
The City has received 104 phone calls regarding questions about sidewalk snow removal
requirements, and an additional 12 emails since the Tier I notification packets were sent out.
The most common concern expressed was about snow plows pushing snow onto the
sidewalk. Once staff explained the steps the City was making to reduce the amount of snow
being pushed to the sidewalk, and after explaining that a plow pushing snow onto the
sidewalk also constituted a snow event triggering the need to clear the sidewalk, people
were generally more understanding.
Each property will receive a warning notice upon the reporting of the first incident. The goal
is to promote compliance with education rather than to raise revenue through fines.
However, infraction citations may be issued where appropriate to gain compliance. Staff
recently completed training on how to properly issue citations if that becomes necessary.
An example of the types of calls the City has received was a question about whether
adjoining property owners in the Ponderosa area would be required to clear the shared use
path along the north side of 44th Avenue, which is listed as a Safe Route to School. The
caller stated that they were told at a neighborhood meeting in 2007 about the project that
adjoining property owners would not have to clear snow. In reviewing the handouts for that
meeting, as well as a newspaper story of that meeting, it is clear that residents were told the
City did not have any current requirement for them to clear sidewalk snow after project
completion, but that the City may require that in the future, which was done 10 years later.
OPTIONS: N/A.
RECOMMENDED ACTION OR MOTION: None, information only.
BUDGET/FINANCIAL IMPACTS: N/A.
STAFF CONTACT: Cary Driskell, City Attorney; Elisha Heath, Executive Assistant.
ATTACHMENTS:
1. PowerPoint Presentation
2. Map showing Tier I and Tier II areas of the City;
3. Tier I notification packet: letter, applicable Code sections, and brochure;
4. Letter to snow removal businesses; and
5. Copy of the warning letter.
Sidewalk Snow Removal Map
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Safe Routes to Schools
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Tier I.
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10210 E Sprague Avenin * Spokane valley WA 99206
Phone;: (509) 720-5000 ♦ Pax: (509) 720-5075 10 www.spokanuvalley.urg
November 2, 2017
To: 'bier 1 Property Owners/Occupants
Re: Sidewalk Snow Removal
The City recently adopted Spokane Valley Municipal Code 7.45 relating to snow and ice on public
sidewalks. The new Code provisions requires property owners to remove accumulations of snow
and ice from many public sidewalks, and failure to comply with these provisions may result in
issuance of a penalty in the amount of $52-00 for each of the first two occurrences, the penalty
increases with the third occurrence within a 12 month period,
']'he intent of these new regulations is to provide a safer transportation system for pedestrians,
includirig children walking to school as well as to ensure businesses are accessible to pedestrians
throughout our commercial areas. Currently, these regulations only apply within the area that has
been designated as the Tier i priority area. In srunrrnary, "1'ier 1 is the commercially -zoned areas of
the, City, but also includes what has been identified and adopted as Safe Routes to School,
The City has identified. your property as being located within the Tier 1 priority area. As such, this
letter is to notify you of the requirement to remove all accumulations of snow and ice that exceed
three inches from sidewalks, with a minimum path of 36 inches for pedestrians within 48 hours
after a snow event has ceased.
Enclosed you will find acopy of the Code and a brochure containing frequently asked questions
and a neap of Tier T.
For more inlbrmation or questions, please ca]] 509.720.5000 or email us at
cityhall( spok.atievallev,org,
Chapter 7.45
SNOW AND ICI,, ON PUBLIC SIDEWALKS
Sections:
7.45.010 Purpose and authority.
7.45.020 Definitions.
7.45.030 Duty to remove snow and ice from sidewalks.
7.45.040 Amnesty periods.
7.45.050 improper removal,
7.45.060 Penalties.
7.45.070 Defense for violation.
7.45,0840 Educational program.
Attachment A Sidewalk Snow Rem€avid Map
7.45.010 Purpose and authority.
The purpose of this chapter is to regulate accumulations of snow and ice on sidewalks. This
regulation is undertaken in order to promote the safe and efficient movement of pedestrian traffic
on sidewalks within City limits and to promote greater economic activity. The provisions of this
chapter are adopted pursuant to RCW 35A .11.020, and arc to promote the health, safety, and
wellhrc of the citizens of the City. (Ord. 17-010 § 2, 2017),
7.45.020 Definitions.
Terns used within this chapter are defined as follows:
"Accumulations of snow and ice" means snow and ice deposited, by natural or artificial sources,
"Artificial sources" means operations which result from human efforts that cause snow or ice to
accumulate. These include, but are not limited to:
1. Snow removal operations conducted by the City; and
2. Snow removal operations conducted by private individuals or businesses.
"Natural sources" means any natural occurrence which causes snow and/or ice to 11 CLnm Mate.
These include, but are not limited to:
1. Snowstorms; and
2. Freezing rain.
"Removal area" means areas classified Tier 1 priority or Tier I.1 priority,
"Sidevaalks" means public sidewalks and does not include those sidewalks located entirely on
private property.
The Spukane Valley Municipal Code is eurrcnl through Ordinance No. 17-010, passed Ocrobor 3, 2017.
"Tier 1 priority" areas include:
1. "Safe routes to schools" as delineated upon the official map, entitled Attachment A —
Sidewalk Snow Removal Map (included at the end of this chiptcr); and
2. "Commercial, retail, and industrial areas" that currently include the following zoning
districts as delineated on the official zoning, trap of the City:
MU Mixed Use District
CMU Corridor Mixed Use District
NOS Parks/Open Space
NC Neighborhood Commercial
District
RC Regional Commercial District
I industrial District
IMTJ industrial Mixed Use
-`Tier T1 priority" areas include:
1. "Residential areas" which currently include the following zoning districts, as delineated
011 the official zoning map of the City:
R-1 S in.le-Family Residential Estate
District
1 Single -Family Residential Suburban
District
R-3 Single- F alra i l y Residential Urban
District
M1' Multifamily Residential District
(Ord. 17-010 § 2, 2017).
7.45.030 Duty to remove snow and ice from sidewalks.
A, 'The owner or oceupant of any real property located within or along a removal area shall
remove or cause to he removed all accumulations of snow and ice exceeding three inches from
the sidewalks adjacent to the property so that a minimum 36 -inch path for pedestrian travel is
created pursuant to the Americans with Disabilities Act, 4217.S.C. §§ 1213 [ through 12164,
EL Accumulations ol'snow and ice exceeding three inches shall be removed from the sidewalk
within 48 hours after the event causing it to accumulate has ceased.
U. "Tier 1 priority areas are the only areas which may he enforced until future action by the city
council to approve enforcement of Tier 11 priority areas. (Ord. 17-010 § 2, 2017).
The Spokane Valley Municipal Carle is Qui -mu L ihraugh Ordinance No. 17-010, passed 0ctobcr 3, 2417.
7.45.040 Amnesty periods.
A, In the event accumulations or snow and ice are deposited in a manner or volume that makes
their immediate removal impracticable, the city manager may announce periods of amnesty
during which failure; to remove the accumulations of snow and ice will not result iri a violation
pursuant to SVMC 7.45.060.
B. "l'he announcement shall be accompanied by a public notice staring:
1, The circumstances necessitating the amnesty period; and
2. The amnesty period's duration, including the date and time that it will end,
C. The city manager may extend the wannest} period by issuing an additional announcement and
public notice pursuant to SV1vMC 7.45.040(B). (Ord. 17-010 § 2, 2017).
7.45.{1511 Improper removal.
Retrovirig and depositing snow and ice hi a manner which obstructs or creates an obstruction to
vehicular or pedestrian traffic constitutes the misdemeanor of disorderly conduct pursuant to
S VNU.: 825-030 and RCW 9A. 4,030. This section shall not constitute a separate misdemeanor
violation. The City, in exercising its policy-making discretion, may choose to push snow and ice
with prows frorn the traveled streets onto the edges of those streets where it may melt over time,
and this shall not be considered unproper removal- (Ord, 17-010 § 2, 2017).
7.45.060 Penalties.
A. Any person or business found in violation of SVMC 7,45.030 shall be found to have
committed a Class 4 civil infraction, and shall be subject to the monetary penalties set forth in
RCW 7.80,120, as adopted or subsequently amended, including any applicable statutory
assessments.
B. Aller a citation has been issued, the violator shall have 48 hours to clear accumulated snow
and ice from the, sidewalk'before an additional citation may bc issued.
C. Any person or business found in violation of SVMC 7,45,030 for a third time within a
12 -month period, and all subsequent violations In that 12 -month period, shall bc found to have
cornmittcd a Class 3 civil infraction, and shall be subject to the monetary penalties set Earth in
RCW 7.80.120, as adopted or subsequently amended, including any applicable statutory
assessments. (Ord. 17-010 § 2, 2017).
7.45.070 Defense for viola lion.
It shall be a defense to a violation of SVMC 7.45.030 if:
A. The subject property is occupied as a residence, regardless of zoning designation;
B. The violator is 65 years or older, or possesses a physical disability that has been verified by a
medical doctor which prevents them from removing accumulations of snow and ice from the
sidewalk; and
C. The violator can provide documentation that shows reasonable efforts to obtain snow removal
services were made but were unsuccessful. (Ord. 17-010 § 2, 2017).
'rtke Spokane Valley Municipal Cade is current through Ordinance No. 17-010, p i I Oelaiher 3, 2017.
7..45.080 Educational program.
The city manager shall adopt and maintain a comprehensive program to educate the public about
the importance cif snow and ice removal from sidewalks and the enforcement requirements
contained in this chapter, as well as lists as appropriate regarding potential resources that
residents and businesses may choose to utilize at their discretion for removal of sidewalk snow
and ice. (Ord. 17-010 § 2, 2017).
Attachment A Sidewalk Suow Removal Map
Attachment A - Sidewalk Snow Removal Map
o 0.1 i lot
Lr PM
The Spakanc ValcyMuniCode is cLLrrtmf Through OrdirtarLceNo. 1.7-C10, passed October 3, 2017.
Pedestrian Safety
Sidewalk snow and ace removal is important for
the safety and well-being of pedestrians in our
community, especially schoolchildren, elderly, and
others with mobility concerns.
Businesses and residents in Tier I areas are
reminded that they are responsible for keeping
sidewalks adjacent to their properties clearer of
snow and ice.
Snow Removal
Information and FAQ
The City is making the following changes to
help reduce the amount of snow being
thrown onto the sidewalks:
• Removal of the "bat-wing" blades designed to
throw snow farther away from the road to aid
in reducing the amount of snow being thrown
on the sidewalk.
• The STOW plows will be reducing their speed,
however this will increase the amount of time
it takes to clear the roadways.
How Tong do I have to clear the sidewalk?
• 48 hours after the end of the snow event,
which may include snow deposited by plows
from the roadway.
Can r push the snow into the street?
No, depositing snow/ice in a manner which
obstructs or creates an obstruction to traffic
constitutes a misdemeanor.
How much snow/ice can accumulate before
I receive a fine?
• Accumulation of sno/ice exceeding 3 inches.
How frequently will I be fined if I don't
remove the snow?
• After citation is issued you have 40 hours to
clear snow/ice before an additional citation is
issued.
How much is the fine?
• First and second citation = $52 each
* Third plus citation in 12 months = $103 each
Where does the money from the citation
go?
+' The Street Fund.
Snow uestions/
Concerns
s
If you have questions or concerns about snow
removal, contact us at 509-720-5000 or
go to spokanevalley.org/snowinfo
for more information.
You can get emailed SnowInfo Updates
whenever snow plowing and/or de-icing are
under way.
Co to spokanevalley.org/signup
and enter your email address.
You can also hear recorded Snowlnfo Updates
by calling 509-720-5311.
Need Assistance?
Focal public service and/or volunteer
organizations may be available to help elderly
or disabled community members who are
physically and financially unable to clear their
walkways. Call 2-1-1, or toll-free (866)904-
9060 for information and referrals, or log onto
win211.org for more information.
(Income restridions may apply.)
Catholic Charities 509-45g-6172
Only able to remove snow from sidewalks not
driveway berms.
Must be 60 years of age or older.
Washington State Mission Office LDS
509-924-8932
Ask for Sister Banks. Specify if you have a
shovel or if they will need to bring one.
St)onliam
City of Spokane Valley
10210 E. Sprague Avenue
Spokane Valley, WA 99206
Ph: 509-720-5000 FAX: 509-720-5075
cityh a I I ®spo kanevaliey. org
spoka neva I I ey.org
October 2017
SIDEWALK
SNOW
REMOVAL
CITY- OF
SPOKANE VALLEY
To see a larger version of this
map, please visit our website
at spokanevalley,org/snow.
Sidewalk Snow Removal Map
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Snow and ice must be removed
within 48 hours after snowfall has stopped in Tier I Areas.
City of Spokane Valley Code Enforcement, 549-720-5000_
Online reporting at spokanevaffey,org/CARES
Keeping sidewaLks cleared of snow and ice.
Good for business..
ooa ourcommunity!
Tier 1:
Safe Routes to Schools
Commercial/Retail/Industrial Areas
Tier II:
Residential areas
Sfiokan' e
40,100Valleya
(ATV MANAC ER
Mark callroan, City Manager
10210 F, Sprague Avenue ♦ Spokane Valley WA 99206
Phone: (509) 720-5000 40 Fax: (509) 720-5075 + www.Rpokaneva]]uy.org
October 31, 2017
Dear,
The City of Spokane Valley recently adopted Municipal Code 7.45 I -elating to snow and ice on
public sidewalks. The new Code provisions require property owners to remove accumulations of
snow and ice from public surrounding sidewalks, and failure to comply with these provisions may
result in issuance cel' a penalty. The intent of these new regulations is to provide a safer
transportation system for pedestrians, and to ensure businesses are accessible to pedestrians
throughout our commercial areas.
Currently, these regulations oniv apply within that area identified as the Tier i priority area. In
summary, Tier 1 is the commercially -zoned areas of the City, but also includes what has been
identified and adopted as Sale Routes to School. A map ol'Tier 1 is included with this letter which
shows these areas. As such, owners or occupants are required to remove all accumulations o snow
and ice that exceed three inches Brom sidewalks, with a minimum path oi'36 inches for pedestrians
within 48 hours of snow fall event..
1'he City is sending this letter out to all known cornmercial snow removal business- Most snow
removal businesses specialize in parking lot snow removal, bort we wanted to make sure you were
also aware that businesses will now. need to make sure they are clearitig sidewalks in Nut ol their
business which are adjacent to streets.. it is also important to note that moving snow accumulation
onto the sidewalk and or street is prohibited- The City wanted to make sure the local snow removal
businesses were aware of the new requirements, and encourage you to include these services in
your solicitations and bidding for the upcoming snow season.
For more information or questions, please call 509.720.5000 or email us at
eityhall(uspok,an eval ley. ori,.
Sincerely,
Mark Calhoun, City Manager
.000Valley
Warning Notice
10210 C Sprague Ave Suite ♦ Spokane Valley WA 99206
*509,720.5000 + Fax: 509.720.5075 •
DATE
RE: NOTICE on Parcel
Property located al
Dear Property Owner(s):
1 wish to infirm you that Spokane Valley Code Fri f: rcenaent Yeas received a complaint of ordinance violation(s)
on this property, The description of the reported violation is as follows;
Complaint: Accumulation of snow and ice on sidewalk
SVMC 7A5.030 Duly to remove snow and ice Irom sidewalks. B. Accumulations of snow and ice
exceeding three inches shall be removed from the sidewalk within 48 hours after the event causing it to
accumulate has ceased.
The intent of these tic regulations is to provide a safer transportation system for pedestrians, including
children walking to school, as well as to ensure businesses a3 -e accessible to pedestrians throughout our
commercial areas.
Please contact our office as soon as possible to discuss the alleged violation. Future complaints on this property
may result in the issuance of a penalty in the amount of $52,00 for each of the first two violations. The penalty
increases with the third occurrence within a 12 month period.
Your neighbors and the City of Spokane Valley appreciate your efforts.
Sincerely,
Spokane Valley Code Enforcement
City of Spokane Valley
10210 F Sprague Ave
Spokane Valley, Washington 99206
(509) 720-5000
city{hall spokancvalley.0rg
Sidewalk Snow Removal -
Report on implementation
Cary Driskell, City Attorney
Elisha Heath, Executive Assistant
December 5, 2017
City of Spokane Valley - Office of the City Attorney
1
111•1111=11111MI-
Purpose of report
Provide information to Council and the public on staff
efforts to implement the recently -adopted provisions
in chapter 7.45 SVMC relating to sidewalk snow/ice
removal requirements.
City of Spokane Valley - Office of the City Attorney
mum-
Background
ufBackground
Accumulated snow and ice on public sidewalks can:
Impede pedestrian travel and inhibit the use of assistive mobility devices
on public sidewalks;
Create hazardous conditions increasing the likelihood that pedestrians will
suffer significant injury or bodily harm; and
Restrict public access to local businesses and other services potentially
affecting their profitability.
City of Spokane Valley - Office of the City Attorney
History of adoption process
2003 - adoption of nuisance code provisions establishing
$500 fine;
February 23, 2016 - staff discussed options re: ice/snow.;
Council requested a draft ordinance;
Between February 2016 and October 2017, staff brought this
topic forward 11 times, not including formation of an ad
hoc committee to identify other options for dealing with
sidewalk snow/ice;
City of Spokane Valley - Office of the City Attorney
Unified approach in solving problem
The City recognized it was significantly contributing
to the problem with its plows.
The City lacks a funding source to clear sidewalks
itself, and Council determined it would not raise taxes
to do so.
Most jurisdictions in the northern climate of the US
require the adjoining property owner to clear it.
However, the City sought ways to reduce this burden.
City of Spokane Valley - Office of the City Attorney
Summary of approach
Reduce the amount of snow being moved from
roadways to sidewalks.
Change blades on City plows from bat wing to straight;
Plows to slow down on lane closest to curb to push snow
to curb where possible instead of sidewalk.
Amend road design standards to require separated
sidewalks on all new roads, and on retrofit projects
where feasible, depending on available right-of-way.
City of Spokane Valley - Office of the City Attorney
Summary of agreed approach - continued
Educate the public on snow removal obligations:
Include widespread distribution/education of removal
requirements, including consequence of noncompliance.
Identify realistic assistance options for snow/ice removal for
those with physical limitations, some free, others for a fee.
Make list available on City website, communicate list to
public other ways as appropriate.
Notify parking lot snow removal businesses of requirements,
suggest to their customers to include in annual quotes.
City of Spokane Valley - Office of the City Attorney
tures of chapter 7.45 SVMC
Imposes the duty on owners/occupants to remove natural and artificial
accumulations of snow and ice from public sidewalks within 48 hours after
snow stops. Only applies to Tier I areas until Council takes subsequent action
to implement Tier II. (SVMC 7.45.030)
Tier I areas are all commercially -zoned areas and Safe Routes to School; and
Tier II areas are all others, which are residentially -zoned (not currently in effect).
The City Manager has authority to declare periods of amnesty during
significant snow events, during which chapter 7.45 SVMC would not be
enforced. (SVMC 7.45.040)
City of Spokane Valley - Office of the City Attorney
Spokane
Sidewalk Snow Removal Map
Tier 1:
Safe Routes to Schools
Commercial/Retail/Industrial Areas
Tier 11:
Residential areas
City of Spokane Valley - Office of the City Attorney
9
Chapter 7.45 SVMC - cont.
Acknowledges that depositing snow and ice so as to obstruct vehicular or
pedestrian traffic is still a misdemeanor under separate SVMC 8.25.o3o(C).
(SVMC 7.45.050)
Would treat the first and second violations of chapter 7.45 SVMC within a 12
month period as class 4 civil infractions (s52 fine), any additional violations
within that time are a class 3 civil infraction ($1o3 fine).
Failure to comply within 48 hours after first citation may result in another citation until
resolved. (SVMC 7.45.060)
Allows residential violators to raise a defense for a violation if certain
requirements are met relating to age and physical limitations. (SVMC 7.45.080)
City of Spokane Valley - Office of the City Attorney
Implementation
The City trained the reception and administrative staff
on the new Code provisions to respond to calls.
The City sent out letters to 54 commercial businesses
in the area that provide parking lot snow/ice removal
services to inform them of the sidewalk requirements,
and suggest they may want to include quotes for those
services in their bids this year.
City of Spokane Valley - Office of the City Attorney
Implementation —cont.
In early November, staff mailed letters to all owners
and occupants in Tier I notifying them of the new
requirements.
A total of 7,147 letters affecting 8,647 parcels were sent.
The City also mailed the Hot Topics newsletter to all
addresses in the City the week after Thanksgiving,
which also contained a detailed explanation of the
requirements and consequences for non-compliance.
City of Spokane Valley - Office of the City Attorney
1111111111111111-
Response
11111111111f
Response from the public
After sending out all those letters, the City received as of
November 3o a total of 104 calls and 12 emails with questions or
comments.
Most of these were handled by reception staff, however, calls
involving more complex questions or comments were addressed
by the two of us.
Staff will continue to address questions and comments as we
move forward.
City of Spokane Valley - Office of the City Attorney
Conclusion
Questions?
City of Spokane Valley - Office of the City Attorney
14
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 5, 2017
Check all that apply: ❑ consent ❑ old business
❑ information ® admin. report
Department Director Approval: ❑
❑ new business ❑ public hearing
❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Addendum to Police Precinct Lease Agreement
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: Approved Precinct Building purchase on June 6,
2006; approved revised lease agreement on August 28, 2007.
BACKGROUND: The City owns the Precinct Building and charges the County annual lease and
maintenance based on their percentage occupancy of the building. The City's contracted law
enforcement personnel occupy 85% of the building. The County is charged for the remaining
15% of space that is occupied by the District Court and by Sheriff's Office personnel providing
services to the unincorporated County. The main purpose of the amended Lease Agreement is
to 1) extend the term length one year with automatic annual renewals beginning in 2019, and 2)
to formally adopt the County's current occupancy share.
OPTIONS: 1) Place on future agenda for motion consideration; or 2) take other action as
appropriate.
RECOMMENDED ACTION OR MOTION: Consensus to move forward to motion consideration.
BUDGET/FINANCIAL IMPACTS: There is no present year budget impact. In 2009 the City and
the County first mutually agreed to the County's request to vacate certain portions of the
building, effective beginning in 2009, and to reduce its percentage occupancy from 44% to the
15% that the County continues to occupy. This was presented to Council at the time as an
admin report and mutually agreed to through a formal letter, however, in accordance with the
Lease Agreement this was to have been adopted as an amendment to the Lease Agreement.
This Amendment formally recognizes that earlier change.
STAFF/COUNCIL CONTACT: John Pietro, Administrative Analyst
ATTACHMENTS:
1) Lease Agreement
2) Addendum to the Precinct Lease Agreement
3) MOU concerning clarifying language to Lease Agreement
Return To:
• •
City of Spokane Valley
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
LEASE AGREEMENT BETWEEN CITY OF SPOKANE VALLEY ANI) SPOKANE COUNTY
REGARDING THE SPOKANE VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST
SPRAGUE, SPOKANE VALLEY
This Lease Agreement is entered into by the City of Spokane Valley (referred to as "City" or
"Owner"), and Spokane County (referred to as "County" or "Tenant"), and jointly referred to hereinafter
as the "Parties."
WHEREAS, the City is the owner of certain premises located at 12710 East Sprague Avenue,
Spokane Valley, Washington, 99216, which have been used as the Spokane Valley Precinct Building
(referred to as "Precinct (Building" or "Premises").
WHEREAS, the City obtains police services from County and the Spokane County Sheriff
through a separate interlocal agreement. Those police services are provided out of the Precinct Building,
and currently comprise 56% of the use of the Premises.
WHEREAS, The Spokane County Sheriff also presently provides police services to citizens in the
eastern part of unincorporated Spokane County from the Precinct Building. Additionally, Spokane
County District Court presently utilizes a portion of the Premises for adjudication of traffic infractions
and small claims cases. The uses by Spokane County currently comprise 44% of the use of the Premises.
WHEREAS, the Parties desire to enter into a lease agreement for the continued use of the
Premises by Spokane County and the Spokane County Sheriffs Department.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Parties do
hereby agree as follows:
1. PURPOSE. The purpose of this Lease Agreement is to set forth the Parties'
understanding regarding the terms and conditions under which the County may occupy a portion of the
Premises. The County currently occupies 44% of the Premises.
2. PREMISES. The terminology "Premises" shall mean that parcel of property located and
any improvements thereon at 12710 East Sprague Avenue, Spokane Valley, Washington 99216. The
legal description of the Premises is as follows:
Precinct [,.case Agreement Page 1 of 8
07-77
• •
Parcel number 45222.0227
Opportunity. The N 428 ft of the W '/2 of the W '/ of TR 162 and the N 428 ft of the W 1/2 of the
E % of the W % of SD TR 162 and the W 10 ft of the N 428 ft of the E '/2 of the I? 1/2 of the W '/2 of SD
TR 162.
3. CURRENT USE OF TJ{E PREMISES. The City agrees to allow the County to use a
portion of the Premises on a yearly basis. County currently uses 44% of the Premises for various
purposes including but not limited to use by the Spokane County Sheriff. The Parties anticipate that
County may continue to use up to 44% of the Premises for criminal justice purposes or purposes not
incompatible with criminal justice related purposes until December 31, 2017.
4. FUTURE. USE OF THE PREMISES. During the term of this Lease Agreement, the
Parties agree that County may desire to decrease its percentage usage of the Premises, or City may desire
to increase its percentage usage of the Premises. In that event, the Party desiring to change the usage ratio
shall give written notice to the other Party by March 1 to become effective in the subsequent year. Any
change in the usage ratio shall be done through an addendum to this Lease Agreement, and shall specify
any change in the duration of the Lease Agreement, as set forth in Section 5, below.
5. TERM OF LEASE AGREEMENT. The term of this Lease Agreement shall begin on
September 1, 2007, and expire on December 31, 2017. In the event of a change in use of the Premises
pursuant to Section 3, above, the term of the. Lease Agreement may be modified. Either Party may
terminate this Lease Agreement for any reason whatsoever upon 180 days written notice to the other
Party. This 180 day requirement is in recognition of the need for advanced budgetary planning by both
entities.
6. PAYiIENT. The base annual lease rate cost for 2007 is $9.92 per square foot. The
Premises shall consist of 21,780 square feet for the purpose of calculating the lease rate and M&O rate.
For each year thereafter, the lease rate shall be adjusted in an amount equal to the change in the Consumer
Price Index (CPI) — All Urban Consumers. The change in the CPI will be calculated by taking the. CPI
average for the entire base year and comparing it to the CPI average for the subsequent year. For
instance, the CPi average for 2006 will be compared to the CPI average for the entire year of 2007 and
the percentage difference will be applied to the lease rate of 2007 to determine the lease rate for 2008.
The CiTY will bill the COUNTY for the cost of the lease payment as outlined, monthly, by the 15th of the
month. Monthly payments will be calculated by dividing those annual costs set forth herein above by
twelve (12). Payments by the COUNTY will be due by the 5th day of the following month. The CITY, at
its sole option, may charge interest on any late payment calculated on any lost interest earning had the
amount due been invested since the date due to the date of payment in the CiTY'S investment: pool.
7. MAINTENANCE AND OPERATIONS COSTS. Maintenance and operations costs
(referred to as "M&.O") include various categories of items including utilities (electric, water, sewer),
garbage, janitorial services, inspection services, City indirect costs, capital improvements and other
miscellaneous M&.O costs.
M&O costs do not include telecommunications services or computer and computer network services of
any kind. M&O will be a number representing a square footage charge allocated to all occupants of the
Premises based upon their percentage of square footage occupancy. The Parties acknowledge that there
may be unanticipated, not budgeted M&O costs in any calendar year, as well as unanticipated, not
Precinct Lease Agreement 1'age 2 of tt
• •
budgeted, capital improvements in any calendar year. The City Manager or designee shall notify the
County Chief Executive Officer (CEO) or designee in writing on or before September 1 of each calendar
year of the planned capital improvements for the Premises in excess of $4,999.99. City will consider the
County's written comments on the planned capital improvements so long as they are received within
fifteen (15) days of the date of the notification to County. The City's determination of the necessity of the
capital improvements shall be binding on the Parties. The City Manager or designee shall advise the
County CEO or designee of any unanticipated, not budgeted, capital improvements that may arise. The
costs of any such capital improvements shall be allocated in the year of the improvement and shall not be
amortized over the life of the improvement. The Parties understand that the cost of Capital Improvements
over 550,000.00 would be assessed in the year in which the improvement was made. Provided, however,
the PARTIES agree that the CiTY will establish an amortization schedule for each capital improvement
actually incurred having an actual cost of over 550;000.00. The amortization schedule shall reflect the true
estimated useful life of the capital improvement. The amortization schedule shall spread the CITY'S and
COUNTY'S share of the capital improvement cost over the established time frame. For the purposes of this
Lease Agreement, the COUNTY'S and CITY'S share shall be calculated based upon each PARTIES actual
usage of the Premises in the year in which the capital improvement was made. The. CITY'S share shall
include the share of all other users other than the COUNTY of the Premises. The amortization schedule may
extend beyond the term of this Lease Agreement or any renewal thereof. If either party terminates the Lease
Agreement, the CITY agrees to pay the COUNTY the un -depreciated portion of the amortization schedule
for each capital improvement for which an amortization schedule had been prepared from the date of the
termination to the end of the amortization schedule. This amount shall be paid within sixty (60) calendar
days of any such termination.
The CITY will provide maintenance of the Premises and charge the COUNTY for its proportionate use.
The PARTIES agree that the estimated M&O will be based upon the City's budgeted M&O for the
County's 44% occupancy of the Premises. Monthly billings for M&O will be determined by dividing that
yearly amount by twelve. This formula will be used for each successive year in which this Lease
Agreement is in effect.
At the end of each calendar year, the PARTIES shall apply the actual expenditures and the actual occupancy
percentage to determine the final cost. It is the PARTIES intent that any adjustment take place as soon as
possible and accordingly will use their respective best efforts to timely prepare, disseminate and review all
expenditure documentation. The COUNTY will have sixty (60) calendar days from its receipt of the
expenditure documentation to provide the CITY with any written objections(s) to such documentation. The
written objection(s) must specifically identify the expenditures) in question. The CiTY agrees to consider all
written objections received from the COUNTY within thirty (30) calendar days of receipt of the
objections(s). In the event that the PARTIES cannot mutually resolve any written objection(s) submitted by
the COUNTY within the thirty (30) calendar day time frame, or such other time frame as the PARTIES may
mutually agree, the objections shall be resolved pursuant to the dispute resolution provisions set forth in
Section No. 16. Pending resolution of the objections(s), the PARTIES agree that the COUNTY shall pay that
portion of the bill that is undisputed.
To the extent that the COUNTY was over billed in any year and the Lease Agreement is still in effect, the
CITY shall credit the COUNTY for such overpayment in the next monthly payment owing by the COUNTY.
Provided, however, in the event the Lease Agreement is terminated at such time that the overpayment is
determined, the CITY shall reimburse the COUNTY for any overpayment within thirty (30) calendar days.
To the extent that the COUNTY was under billed in any year and the Lease Agreement is still in effect, the
COUNTY shall reimburse the CITY for any underpayment in the next monthly payment owing by the
Precinct Lease Agreement Page 3 of 8
• •
COUN1Y. Provided, however, in the event the .Luse Agreement is terminated at such time that the
underpayment is determined, the COUNTY shall reimburse the CITY for any underpayment within thirty
(30) calendar days. Either Party may at its sole option charge interest on any overpayment or underpayment
based on lost interest earning had the amount determined due been invested in the respective PARTIES
investment pool at the end of the thirty (30) day time frame provided for hereinabove to the date of payment.
Any resolution of a disputed amount through use of the arbitration process identified in Section 16 shall
include at the request of either Party, a determination of whether interest is appropriate, including the amount.
The CITY will bill the COU "TY for the cost of M&.O, as outlined, monthly, by the 1511' of the month.
Monthly payments will be calculated by dividing those annual costs set forth herein above ley twelve (12).
Payments by the COUNTY will be due by the 5 day of the following month_ The CITY, at its sole option,
may charge interest on any late payment calculated on any lost interest earning had the amount due been
invested since the date due to the date of payment in the CITY'S investnent pool.
For the purpose of this Lease A ecment the CITY shall Furnish customary janitor/cleaning service,
electricity for lighting and operating of low power usage office machines, heat, normal office air conditions,
and common area maintenance, during ordinary business ours of the Precinct Building.
8_ MODIFICATION. The PART[ES may mod ify any terns contained in this Lease
Agreement, but only by mutual written agreement.
9. ALTERATIONS, ATI.DiTIONS, OR BIPROVEMENTS. COUNTY shall not,
without first: obtaining the wrritten consent of the CITY, make any alterations, additions, or improvements
in, to, or about the Premises.
10. INSURANCE. COUNTY shall procure and maintain for the duration of the Lease
Agreement, insurance against claims for injuries to persons or ctalnage to Premises which may arise from
or in connection with the COUNTY'S operation and use of the Premises.
No Limitation. COU.N71Y'S maintenance of insurance as required by the Lease Agreement shall not be
construed to limit the liability of the COUNTY to the coverage provided by such insurance, or otherwise
limit the CITY S recourse to any remedy available at law or in equity.
A, Minimum Scope of Insurance - COUNTY shall obtain insurance of the types
described below:
1. Commercial General Liability insurance shall be wrincn on Insurance
Service Offices (1S0) occurrence form CG 00 01 and shall cover premises and contractual liability The
C]TY. shall be named as an insured on COUNTY'S Commercial General Liability insurance policy using
LSO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement
providing equivalent coverage.
Precinct Lease Agreement F'age 4 of 8
• •
2. Property insurance shall be written on an all risk basis,
minimum Amounts of Insurance
COUNTY shall maintain the following insurance limits:
a. Commercial General inability insurance shall be written with limits no
less than $1,000 ,000 each occurrence, $2,000,000 general aggregate.
b. Property insurance shall be written covering the full value of
OOTJIli TY'S personal property and improvements with no coinsurance provisions.
13. Other insurance Provisions - The insurance policies are to contain, or be
endorsed.to contain, the following provisions for Commercial GeneraI L_iahi]ity insurance:
1. The COUNTY'S insurance coverage shall be primary insurance with
respect to the CITY. Any insurance, self-insurance pool coverage maintained by the CITY shall be
excess of the COUNTY'S insurance and shall not contribute with it
2. The COUNTY'S insurance shall he endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return
receipt requested, Iias been given to the CITY.
C. Acceptability of .Insurers - Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A:V II or with a risk pool_
D. Verification of Coverage - COUNTY shall furnish the CITY with original
certificates and a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the COUNTY.
E. Waiver of Subrogation - COUNTY and CITY hereby release and discharge
each other from al] claims, losses and Liabilities arising from or caused by any hazard covered by property
insurance on or in connection with the premises or said building. This release shall apply only to the
extent that such claim; loss or liability is covered by insurance.
F. City"s Property Insurance - CITY shall purchase and maintain during the term
of the lease all-risk property insurance covering the Building for their frill replacement value without any
coinsurance provisions.
1 1. INDEMNIFICATION AND HOLD HARMLESS.
A. CITY shall indemnify and hold harmless COUNTY and its officers, agents, and
employees from all claims, actions, suits, iia# ility, loss, costs, cxpcnscs, and damages of any nature, by
any reason of or arising out of any negligent act or omission of the CITY, its officers agents, and
employees relating to or arising out of its obligations under the terms of this Lease Agement, In the
event that any suit based upon such claire, action, loss, or damages is brought against COUNTY, CITY
shall defend the same at its sole cost and expense; provided that COUNTY reserves the right to
Precinct Least rlgrecment Page 5 of 8
• •
participate in said suit if any principle of governmental or public law is involved; and if final judgment in
said suit be rendered against COUNTY, and its offices, agents, and employees or jointly against
COUNTY and CITY and/or their respective officers, agents and employees, CITY shall satisfy the same.
B. COUNTY shall indemnify and hold harmless CITY and its officers, agents, and
employees from all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature, by
any reason of or arising out. of any negligent act or omission of the COUNTY, its officers agents, and
employees relating to or arising out of its obligations under the terms of this Lease Agreement. In the
event that any suit based upon such claim, action, Toss, or damages is brought against CITY, COUNTY
shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in
said suit if any principle of governmental or public law is involved; and if final judgment in said suit be
rendered against CITY, and its offices, agents, and employees or jointly against COUNTY and CITY
and/or their respective officers, agents and employees, COUNTY shall satisfy the same.
C. The foregoing indemnity is specifically intended to constitute a waiver of each
Party's immunity under Washington's Industrial Insurance Act, RCW 51, respecting the other Party only,
and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of
claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were
specifically negotiated and agreed upon by them.
12. NOTICES. All notices or other communications given hereunder shall he deemed given
on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the
third day following the day on which the same have been mailed by first class delivery, postage prepaid
addressed to the COUNTY or the CITY at the address set forth below for such Party; or at such other address
as either Party shall from time -to -time designate by notice in writing to the other Party:
COUNTY: Chairman of Board of County Commissioners
or his/her authorized representative
1 1 16 West Broadway Avenue
Spokane, Washington 99260
CITY:
City of Spokane Valley City Manager
or his/her authorized representative
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206 •
13. COUNTERPARTS. This Lease Agreement may be executed in any number of
counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts
shall together constitute but one and the same.
14. ASSIGNMENT. Neither Party may assign in whole or part its interest in this Lease
Agreement without thc written approval of the other Party.
15. WRITINGS CONTAINED HEREIN/D `DING EFFECT. The PARTIES agree that
there are no other understandings, oral or otherwise, regarding the subject matter of this Lease Agreement.
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
Precinct Lease Agreement )'age 6 of 8
• •
I6. DISPUTE RESOLUTION. Any dispute between the PARTIES which cannot be resolved
between the PARTIES shall be subject to arbitration. Except as provided for to the contrary, herein, such
dispute shall first be reduced to writing and considered by the COUNTY CEO and the CITY Manager. If the
COUNTY CEO and the CITY Manager cannot resolve the dispute it will be submitted to arbitration. The
provisions of chapter RCW 7.04 shall be applicable to any arbitration proceeding.
The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The
two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall
be binding on the PARTIES and shall be subject. to judicial review as provided for in chapter RCW 7.04.
The costs of the arbitration panel shall be equally split between the PARTIES.
I7. VENUE STIPULATION. This Lease Agreement has been and shall be construed as
having been made and delivered within the State of Washington and it is mutually understood and agreed
by each Party that this Lease Agreement shall be governed by the laws of the State of Washington both as
to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the
enforcement of this Lease Agreement, or any provision hereto, shall be instituted only in courts of competent
jurisdiction within Spokane County, Washington.
18. SEVERA.HILiTY. The PARTIES agree that if any parts, terms or provisions of this Lease
Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be
affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the
Lease Agreement. if it should appear that any part, term or provision of this Lease Agreement is in conflict
with any statutory provision of the State of Washington, then the part, term or provision thereof that may be
in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this
Lease Agreement shall be deemed to modify to conform to such statutory provision.
19. RECORDS. All public records prepared, owned, used or retained by the CiTY in
conjunction with this Lease Agreement shall be deemed CiTY property and shall be made available to the
COUNTY upon request by the COUNTY CEO subject to the attorney client and attorney work product
privileges set forth in statute, court rule or case law. The CITY will notify the COUNTY of any public
disclosure request under RCW 42.56 for copies or viewing of such records as well as the CiTY'S response
thereto.
20. TIME OF ESSENCE FOR LEASE AGREEMENT. Time is of the essence for this
Lease Agreement, and in case either Party fails to perform the obligations on its part to be performed at
the time fixed for the performance of the respective obligation by the terms of this Lease Agreement, the
other Party may, at its election, hold the other Party liable for all costs and damages caused by such delay.
21. UNCONTROLLABLE CIRCUMSTANCE/IMPOSSIBILITY OF
PERFORMANCE. A delay or interruption in or failure of performance of all or any part of this Lease
Agreement resulting from uncontrollable circumstances shall be deemed not a default under this
Agreement.
A delay or interruption in or failure of performance of all or any part of this Lease Agreement resulting
from any change in or new law, order, rule or regulation of any nature which makes complying with the
terms of this Agreement legally impossible, and any other circumstances beyond the control of the CITY
Precinct Lease Agreement Page 7 of 8
• •
which render legally impossible the performance by the CITY of its obligations under this Lease
Agreement, shall be deemed not a default under this Lease Agreement.
22. NO WAIVER. No officer, employee, or agent of the C1i'Y or COUNTY has the power,
right, or authority to waive any of the conditions or provisions of this Lease Agreement. No waiver of
any breach of this Lease Agreement shall be held to be a waiver of any other or subsequent breach. All
remedies afforded in this Lease Agreement at law shall be taken and construed as cumulative, that is, in
addition to every other remedy provided herein or by law. The failure of either Party to enforce, at any
time, any of the provisions of this Lease Agreement or to require, at any time, performance by the other
Party of any provisions shall not, in any way, affect the validity of this Lease Agreement or any part
hereof, or the right of either Party to hereafter enforce each and every such provision.
23. SUPERSEDE CLAUSE. The Parties executed a document entitled "LEASE
AGREEMENT (BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY R.EGAR.DING
THE SPOKANE VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST SPRAGUE,
SPOKANE VALLEY" under Spokane County Resolution No. 2006-0584 and signed July 19, 2006 by
David Mercier, City Manager. The execution of this Lease Agreement by the Parties, shall act as a
termination of the above document and the provisions of this Lease Agreement shall supersede such
document.
DATED: /O
BOARD OF COUN Y C MISSIONERS
OF SPOKA tE
ATTEST:
CI f the Board
Dante a Erickson
DATED:
q137
Christine Bainbridge, City Clerk
APPROVED AS TO FORM ONLY:
Office . J he City AM
Precinct Lease Agreement
ARK RICHA
r:=>
Chairman
BONNIE MAGER, Vice -Chan
7)2t-e_Z4
TODD M:1EL KE, Commissioner
' s F SPOKANE VALLEY
David Mercier, City Manager
Page 8of8
ADDENDUM TO THE LEASE AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND
SPOKANE COUNTY REGARDING THE SPOKANE VALLEY PRECINCT BUILDING
LOCATED AT 12710 EAST SPRAGUE, SPOKANE VALLEY
THIS ADDENDUM is made and entered into by and among the City of Spokane Valley (hereafter
referred to as "City") and Spokane County (hereafter referred to as "County"), hereafter jointly referred
to as the "Parties."
WITNESSETH:
WHEREAS, this Addendum applies to the "Lease Agreement", which is comprised collectively
of the Lease Agreement Between City of Spokane Valley and Spokane County regarding the Spokane
Valley Precinct Building located at 12710 East Sprague, Spokane Valley executed by the County under
Resolution No. 07-0750, and the City under signature dated September 13, 2007; and the MEMORANDUM
OF UNDERSTANDING" (the "Modification") executed by the County under Resolution No. 14-0799, and
the City under signature dated September 24, 2014; and
WHEREAS, the City is the owner of certain premises located at 12710
East Sprague Avenue, Spokane Valley, Washington, 99216, which is used as the Spokane Valley Precinct
Building, and which primarily houses the City's contracted Law Enforcement Personnel; and
WHEREAS, the Spokane County District Court presently utilizes a portion of the premises for
adjudication of traffic infraction and small claims cases and the County also presently provides services to
citizens in the unincorporated County from the Precinct Building; and
WHEREAS, the Parties desire to make various modifications to the Lease Agreement, most
substantively to extend the term length and to accurately reflect the County's current percentage occupancy
of the Premises.
NOW THEREFORE, for and in consideration of the mutual promises set forth hereinafter, and
as provided for in the underlying document entitled Lease Agreement, the Parties do hereby agree as
follows:
1. The second WHEREAS is modified as follows:
WHEREAS, the City obtains police services from County and the Spokane County Sheriff
through a separate Interlocal Agreement. Those police services are provided out of the
Precinct Building, and currently comprise 56% 85% of the use of the Premises.
2. The third WHEREAS is modified as follows:
WHEREAS, the Spokane County Sheriff also presently provides police services to citizens in
the eastern part of unincorporated Spokane County from the Precinct Building. Additionally,
Spokane County District Court presently utilizes a portion of the Premises for adjudication of
traffic infractions and small claims cases. The uses by Spokane County currently
comprise 44% 15% of the use of the Premises.
3. Section No. 1 PURPOSE is amended as follows:
The purpose of this Lease Agreement is to set forth the PARTIES understanding regarding the
terms and conditions under which the County may occupy a portion of the Premises. The
County currently occupies 11% 15% of the Premises.
1
4. Section No. 3 CURRENT USE OF THE PREMISES is amended as follows:
The City agrees to allow the County to use a portion of the Premises on a yearly basis. County
currently uses 11% 15% of the Premises for various purposes including but not limited to use
by the Spokane County Sheriff. The Parties anticipate that the County may continue to use up
to 11% 15% of the Premises for criminal justice purposes or purposes not incompatible with
criminal justice related purposesuntil December 31, 2017.
5. Section No. 5 TERM OF LEASE AGREEMENT is amended as follows:
This Lease Agreement shall commence on January 1, 2018, and run through December 31,
2018.
At the conclusion of the initial term, this Lease Agreement shall automatically be renewed
from year to year thereafter effective January 1 through December 31.The Term of this Lease
Agreement shall begin on September 1, 2007, and expire on December 31, 2017.
In the event of a change in use of the Premises pursuant to Section 3, above, the term of the
Lease Agreement may be modified. Either Party may terminate this Lease Agreement for any
reason whatsoever upon 180 days written notice to the other Party, or as otherwise agreed in
writing by the Parties. This 180 day requirement is in recognition of the need for advanced
budgetary planning by both entities.
6. Section No. 6 LEASE PAYMENT is amended as follows:
The base annual lease rate east for 2007 is $9.92 2017 is $11.57 per square foot. The Premises
shall consist of 21,780 square feet for the purposes of calculating the lease rate and M&O rate.
The County will be charged for their total square footage occupancy, currently 3,237 square
feet. For each year thereafter, the lease rate shall be adjusted in an amount equal to the change
in the Consumer Price Index (CPI) — All Urban Consumers. The change in the CPI will be
calculated by taking the CPI average for the entire base year and comparing it to the CPI
average for the subsequent year. For instance, the CPI average for 2446 2016 will be compared
to the CPI average for the entire year of 2007 2017 and the percentage difference will be
applied to the lease rate of 2007 2017 to determine the lease rate for 2008 2018. The CITY
will bill the COUNTY for the cost of the lease payment as outlined, monthly, by the 15th of
the month. Monthly payments will be calculated by dividing those annual costs set forth herein
above by twelve (12). Payments by the County will be due by the 5th of the following month.
The CITY, at its sole option, may change interest on any late payment calculated on any lost
interest earning had the amount due been invested since the due date to the date of payment in
the CITY'S investment pool.
7. Section No. 7, Paragraph No. 4, MAINTENANCE AND OPERATIONS COSTS is
amended as follows:
The City will provide maintenance of the Premises and charge the COUNTY for its
proportionate use. The PARTIES agree that the estimated M&O will be based upon the City's
budgeted M&O for the County's 11% 15% occupancy of the Premises. Monthly billings for
2
M&O will be determined by dividing that yearly amount by twelve. This formula will be used
for each successive year in which this Lease Agreement is in effect. The CITY will bill the
COUNTY for maintenance and operations costs by the 15th of the month. Monthly payments
will be calculated by dividing those annual costs set forth herein above by twelve (12).
Payments by the County will be due by the 5th of the following month. The CITY, at its sole
option, may change interest on any late payment calculated on any lost interest earning had
the amount due been invested since the due date to the date of payment in the CITY' S
investment pool.
8. Section No. 12 NOTICES is amended as follows:
All notices or other communications given hereunder shall be deemed given on: (i) the day
such notices or other communications are received when sent by personal delivery; or (ii) the
third day following the day on which the same have been mailed by first class delivery, postage
prepaid addressed to the COUNTY or the CITY at the address set forth below for such Party,
or at such other address as either Party shall from time -to -time designate by notice in writing
to the other Party:
COUNTY: Chairman of Board of County Commissioners
or his/her authorized representative
1116 West Broadway Avenue
Spokane, Washington 99260
CITY: City of Spokane Valley City Manager
or his/her authorized representative
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
10210 East Sprague Avenue
Spokane Valley, Washington 99206
9. Section No. 16 DISPUTE RESOLUTION is amended as follows:
Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be
subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be
reduced to writing and considered by the COUNTY CEO and the CITY Manager. If the
COUNTY CEO and the CITY Manager cannot resolve the dispute, it will be submitted to
arbitration. The provisions of chapter RCW 7.04A shall be applicable to any arbitration
proceeding.
The County and the City shall have the right to designate one person each to act as an arbitrator.
The two selected arbitrators shall then jointly select a third arbitrator. The decision of the
arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as
provided for in chapter RCW 7.04A.
The costs of the arbitration panel shall be equally split between the PARTIES.
IN WITNESS WHEREOF, the Parties have caused this Addendum to be executed on the date and year
opposite their respective signatures.
3
DATED: BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
AL FRENCH, Chair
ATTEST: JOSH KERNS, Vice -Chair
Clerk of the Board
MARY KUNEY, Commissioner
DATED: CITY OF SPOKANE VALLEY
ATTEST:
Christine Bainbridge, City Clerk
APPROVED AS TO FORM ONLY:
Office of the City Attorney
Mark Calhoun, City Manager
4
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (hereinafter "MOU") is entered into by and between
the City of Spokane Valley (hereinafter "the City") and Spokane County (hereinafter "the County"),
sometimes referred to jointly as "Parties".
WITNESSETH;
WHEREAS, the Parties executed a document entitled "LEASE AGREEMENT BETWEEN
CITY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING THE SPOKANE
VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST SPRAGUE, SPOKANE
VALLEY" dated September 13, 2007 by the City and October 2, 2007 by the County, whereby the
Parties reduced to writing their understanding regarding the terms and conditions under which the
County may occupy portions of a building located at 12710 East Sprague Avenue, Spokane Valley,
Washington, 99216 ("Premises"); and
WHEREAS, Section 7 of the Lease Agreement is entitled "MAINTENANCE AND
OPERATIONS COSTS". The Parties have determined that it is appropriate to clarify certain
language in Section 7 consistent with the Parties understanding of that Section.
NOW, THEREFORE, the following understanding is agreed upon:
1. Parties. The Parties to this MOU are the City of Spokane Valley and Spokane
County.
2. Purpose, The purpose of this MOU is to clarify the intent of the Parties as to
certain terms and conditions set forth in that document entitled "LEASE AGREEMENT BETWEEN
CITY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING THE SPOKANE
VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST SPRAGUE, SPOKANE
VALLEY" ("the Lease Agreement") dated September 13, 2007 by the City and October 2, 2007 by
the County.
3. Terms of the Memorandum of Understanding. The following costs, benefitting
only the Spokane Valley Police Department, shall be excluded from the base costs used in the
calculation of the County's share of Precinct maintenance and operation ("M&O").
(a) Capital:
If the capital costs incurred in the Premises only benefits the Spokane Valley Police
Department area, then City shall assume 100% of those costs. This includes, for
example, the construction of the Spokane Valley Police Department's Administrative
Lieutenant's Office, as well as the Spokane Valley Police Department's cubicle
installation. If capital costs incurred in the Premises only benefits District Court,
then County would be charged at 100% of cost. If capital costs, however, are shared
for the Premises, then costs would be included in the base costs and charged to the
County at its current percentage occupancy of the Premises, which is currently 15%.
Page 1 of 3
ao1L-I8q
(b)
Precinct Maintenance and Operations:
All Precinct maintenance costs that are uniquely specific to the Spokane Valley
Police Department areas shall be excluded from the base costs used to determine
County's share of the M&O. This would include such items as service calls/repairs
to the police garage gate mechanism. The intent of this clarification would be to
remove those expenses that do not have a similar use in the Court or other shared
areas.
(c) City Maintenance Staff time:
City will not track its maintenance staff time, and corresponding staff costs, incurred
on maintenance projects specific to the Party benefitting from the project. Instead
staff time costs for maintenance projects will be considered as a cost allocable based
upon square footage charges allocated to all occupants of the Premises. The reasons
for this clarification are:
(1) this maintenance is mostly carried out on projects that would be
considered building -wide in nature or, if occurring in the Spokane Valley
Police Department one year, would inevitably occur in the other areas at other
times due to similar uses. An example is patching of a wall or repairing a
door in the Court and/or Spokane Valley Police Department areas;
(2) the costs incurred by City staff in such maintenance projects is minimal;
(3) the County allocates similar facilities maintenance based on square
footage; and
(4) typically, capital projects are performed by contractors.
4. Other Provisions of Lease Agreement Remain Unchanged. All remaining provisions
of the Lease Agreement are unaffected by this MOU and continue in full force and effect.
5. Effective Date. This MOU shall be in effect the day following the date the last
signature is affixed hereto and govern the 2013 settle and adjust and all subsequent years of the
Lease Agreement.
IN WITNESS WHEREOF, the Parties have caused this MOU to be executed on date and year
opposite their respective signatures.
Page 2 of 3
DATED: I Q ' i t4- /4
ATTEST:
Clerk of the Board
Ve0qUQ1
Daniela Erickson 6 4-10v16161LLY
BOARD OF COUNTY COMMISSIONERS
OF SPOT ANE COUNTY, WASH vGTON
�. 4/
AL FRENCH, hair
TODD MIELKE, Vice -Chair
DATED: \./o2W .Z51j 20
stifle Bainbridge, City Cl
APPROVE r , TO FORM ONLY:
Offic f the City orney
Page 3 of 3
Commissioner
CITY OF SPOKANE VALLEY
Cagb-u*,--
e_pkirr
NO. JLj-01gc
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MAI"1'ER OF EXECUTING A
MEMORANDUM OF
UNDERSTANDING WITH THE CITY
OF SPOKANE VALLEY REGARDING
THE LEASE AGGREEMENT FOR THE
SPOKANE VALLEY PRECINCT
BUILDING
RESOLUTION
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County, Washington ("Board" or "Board of County Commissioners")
has the care of county property and the management of county funds and business; and
WHEREAS, pursuant to the provisions of RCW 36.32.120(1), the Board of County
Commissioners shall provide for the erection of court houses and other public buildings for the use
of the County; and
WHEREAS, pursuant to the provisions of chapter 39.34 RCW, two or more public entities
may jointly contact between each other to perform functions which each may individual perform;
and
WHEREAS, pursuant to the above reference statutory provisions, the County executed an
agreement with the City of Spokane Valley ("Parties") entitled "LEASE AGREEMENT
BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING THE
SPOKANE VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST SPRAGUE,
SPOKANE VALLEY" ("Lease Agreement") whereby the Parties reduced to writing their
understanding regarding the terms and conditions under which the County may occupy portions
of a building located at 12710 East Sprague Avenue, Spokane Valley, Washington, 99216
("Premises"); and
WHEREAS, the Parties desire to execute a Memorandum of Understanding to clarify the
intent of the Parties as to certain terms and conditions set forth in Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Spokane County, Washington, pursuant to the provisions of RCW 36.32.120(1), RCW
36.32.120(6), and chapter 39,34 RCW that either the chairperson of the Board or a majority of
the Board be and is hereby authorized to execute that document entitled "MEMORANDUM OF
UDNERSTANDING" wherein the County and City of Spokane Valley will clarify their intent
as to certain terms and conditions set forth in that document entitled "LEASE AGREEMENT
BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING THE
SPOKANE VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST SPRAGUE,
SPOKANE VALLEY".
Page 1 of 2
ATTEST:
PASSED AND ADOPTED this f y ay of 0000-e--- —, 2014.
Daniela Erickson, Cler1Vof o the ?bardY 0UINN, Commissioner
BOARD OF COUNTY COMMISSIONERS
OF ie. NE CO TY, WASHIN ON
ier
AL FRENC , SRIP
TDD
ELL
1
Vice Chair
frZ
Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 5, 2017
Check all that apply: ❑ consent ❑ old business
❑ information ® admin. report
Department Director Approval: ❑
❑ new business ❑ public hearing
❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Intergovernmental Agreement for Commute Trip Reduction
GOVERNING LEGISLATION: RCW 70.94
PREVIOUS COUNCIL ACTION TAKEN: The Council authorized the City Manager to execute
interlocal agreement 011-146 on September 13, 2011, agreement C13-155 on August 27, 2013,
and agreement C15-151, on December 29, 2015.
BACKGROUND: The attached interlocal agreement is between Spokane County and the City of
Spokane Valley. The agreement allows the Spokane County Commute Trip Reduction (CTR)
department to retain the City's state -issued CTR funds in return for developing, implementing,
and administering CTR plans and ordinances for all affected employers within the City of Spokane
Valley. The CTR Law was passed by the State legislature in 1991 to address traffic congestion,
air pollution and petroleum fuel consumption. The CTR Efficiency Act was passed in 2006
requiring local governments in urban areas with traffic congestion to develop programs that
reduce drive -alone trips and vehicle miles travelled per capita. All employers with one hundred
or more full time employees are required to implement CTR programs and make good faith efforts
to achieving goals for reducing single -occupant vehicle trips. There are 18 affected employers in
Spokane Valley.
This agreement replaces the previous agreement, C15-151, which expired on June 30, 2017.
The agreement is for two years and expires on June 30, 2019. The agreement aligns with the
state budget cycle but each new agreement comes out a few months after the previous cycle has
ended. The County continues to provide services through the interim period.
There are no substantive changes from the previous agreement. The legal department has
reviewed the agreement.
OPTIONS: 1.) Authorize the City Manager to execute the agreement; 2.) request changes or
more information; 3.) Have the City assume responsibility for overseeing the CTR programs for
all affected employers in the City.
RECOMMENDED ACTION OR MOTION: Consensus to move forward to motion consideration
on December 12, 2017.
BUDGET/FINANCIAL IMPACTS: The County would retain the City's state -appropriated funds
of $63,519.30. If the agreement is not approved the City would have to dedicate these funds to
the CTR program and administer the CTR programs of all 18 affected employers in Spokane
Valley.
STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst
ATTACHMENTS: Interlocal Agreement
DRAFT
INTERGOVERNMENTAL AGREEMENT
Between Spokane County and the City of Spokane Valley
Regarding Commute Trip Reduction Implementation
THIS AGREEMENT, made and entered into by and between the City of Spokane Valley,
a municipal corporation of the State of Washington, having offices for the transaction of business
at 10210 E. Sprague Ave, Spokane Valley, WA, 99206, hereinafter referred to as the "City" and
Spokane County, a political subdivision of the State of Washington, having offices for the
transaction of business at West 1026 Broadway Avenue, Spokane, Washington, 99260, hereinafter
referred to as the "County," jointly hereinafter referred to as the "Parties."
WITNESSETH
WHEREAS, the Washington State Legislature has adopted legislation codified in RCW
70.94.521 through 555, the purpose of which is to improve air quality, improve transportation
system efficiency and reduce the consumption of petroleum fuels through employer -based
programs that encourage the use of alternatives to the single occupant vehicle for commute trips
and reduce vehicle miles traveled (VMT); and
WHEREAS, RCW 70.94.527 requires counties containing urban growth areas and cities
and towns with "major employers," that are located within urban growth areas with a state highway
segment exceeding the threshold of one hundred person hours of delay or jurisdictions that are
located in contiguous urban growth areas, or are within an urban growth area with a population
greater than seventy thousand people that adopted an ordinance before the year 2000 or
jurisdictions that are located in contiguous urban growth areas, or contain a major employment
installation in an affected county to develop ordinances, plans and programs to reduce Vehicle
Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips, and thereby reduce
vehicle -related air pollution, traffic congestion and energy use, and
WHEREAS, the County and each affected city within Spokane County have adopted
Commute Trip Reduction Ordinances and must implement a Commute Trip Reduction (CTR) Plan
for all major employers; and
WHEREAS, the Washington State Department of Transportation (WSDOT) Public
Transportation Division is responsible for administering funds on behalf of the state Legislature
and is desirous of making available to Spokane County certain funds and requiring Spokane
County to enter into agreements through the Interlocal Cooperation Act or by Resolution or
Ordinance as appropriate with other jurisdictions, local transit agencies, or regional transportation
planning organizations to coordinate the development, implementation and administration of CTR
Plans and Ordinances as described in RCW 70.94.521-555.
WHEREAS, Spokane County has entered into an agreement with WSDOT under
Agreement No. GCB2761, hereinafter referred to as "WSDOT Agreement," pursuant to which
Spokane County is eligible to receive a reimbursable amount of funds which the County will
distribute to itself and cities to implement and administer CTR Plans and Ordinances; and
Page 1 of 11 — Commute Trip Reduction Interlocal Agreement
DRAFT
WHEREAS, Spokane County has allocated $63,519.30 to the City from the Agreement
No. GCB2761 which the City is now desirous of making available to the County to perform those
tasks which are the responsibility of the City.
NOW, THEREFORE, for and in consideration of the mutual promises set forth
hereinafter, and as authorized under chapter RCW 70.94.527 (5), the parties hereto do mutually
agree as follows:
Section 1: PURPOSE
The County has entered into a WSDOT Agreement with WSDOT under which it will
receive $367,001 for two years. This funding is to be allocated to the County and cities within
Spokane County for their use in the implementation and administration of their CTR Plans and
Ordinances. The County, based upon an allocation formula established by the WSDOT, has
determined that the City shall receive $63,519.30 from the WSDOT Agreement from which it shall
perform certain tasks. The City agrees to its proportionate share of the monies made available to
the County in the WSDOT Agreement and agrees to allow Spokane County to retain its
proportionate share in consideration of the County performing those tasks as more particularly set
forth in "Attachment A" attached hereto and incorporated herein by reference. In conjunction with
allowing the County to retain its proportionate share of monies, the City will execute any and all
necessary documents which may be required by WSDOT.
It is understood by the parties hereto, that in order for the County to perform those tasks as
set forth in Attachment "A" for the City, the City must perform certain tasks. Attached hereto as
Attachment "B" and incorporated herein by reference, is a listing of tasks which the City agrees to
perform in conjunction with the County performing those tasks set forth in Attachment "A."
Section 2: DURATION
The County agrees to provide those tasks set forth in Section 1 and complete performing
such tasks on or before June 30, 2019.
Section 3: TERMINATION
The parties agree that this Agreement may be terminated by either party for material breach
of any provision set forth herein, upon ninety (90) days advance written notice to the other party
at the address set forth hereinabove. Provided, however, the parties agree that any notification of
termination shall set forth the specific provision(s) for which such notification is being provided
and additionally, advise that if such default is cured within such ninety (90) day time frame, said
termination notification shall be of no force and effect.
In the event of termination, the County agrees to provide to the City all written
documentation which it has completed to the date of termination under the terms of this
Agreement. Additionally, the County agrees to return to the City that portion of the monies set
forth in Section 1 hereinabove, which has not been expended by the county, prior to the date of
termination, on the City's behalf in providing those tasks as set forth in Attachment "A."
Page 2 of 11 — Commute Trip Reduction Interlocal Agreement
DRAFT
Provided, further, the parties recognize that the WSDOT in Agreement No. GCB2761, has
retained the right to unilaterally terminate all or a part of such contract if there is a reduction of
funds from the funding source. Accordingly, in the event that the WSDOT terminates all or part
of the WSDOT Agreement with Spokane County, and such action affects the allocation of funds
by the County to the City herein, and/or modifies the tasks to be performed hereunder, the parties
will immediately meet to renegotiate the provisions of this Agreement.
Section 4: DESIGNATION OF ADMINISTRATOR
The County hereby designated Ms. LeAnn M. Yamamoto, the Spokane County
Transportation Demand Management Manager, as its designee for the purpose of administering
and coordinating the County's responsibilities under the terms of this Agreement.
Section 5: ACQUISITION/DISPOSITION OF PROPERTY
The parties hereto agree that any real or personal property acquired by the County with
those monies made available to the County by the City under Section 1 hereinabove shall be and
remain the sole property of the County upon acquisition and/or termination of this Agreement.
Section 6: COMPLIANCE WITH LAWS
The County agrees to observe all applicable federal, state and local laws, ordinances and
regulations including, but no necessarily limited to, the Americans with Disabilities Act and
chapter 49.60 RCW, to the extent that they may have any bearing on performing those tasks for
the City as set forth in Section 1 hereinabove. Additionally, the County agrees to comply with all
applicable funding audit requirements of WSDOT in conjunction with performing those tasks for
the City. The County agrees to make available to the City or its duly authorized representative
during normal County business hours and all records which it has kept in conjunction with
providing those services for the City as set forth herein above.
Section 7: NOTICES
All notices or other communications given under this Agreement shall be considered given
on the day such notices or other communications are received when sent by personal delivery; or the
third day following the day on which the notice or communication has been mailed by certified mail
delivery, receipt requested and postage prepaid addressed to the other Party at the address set forth
below, or at such other address as the Parties shall from time -to -time designate by notice in writing
to the other Party:
CITY:
City Clerk
City of Spokane Valley
10210 E. Sprague Ave
Spokane Valley, WA, 99206
Page 3 of 11 — Commute Trip Reduction Interlocal Agreement
DRAFT
COUNTY:
Board of County Commissioners
Spokane County Courthouse
1116 West Broadway Avenue
Spokane, Washington 99260
Section 8: HEADINGS
The section headings in this Agreement have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, and shall not be deemed to, define,
limit or extend the scope or intent of the sections to which they appertain.
Section 9: MODIFICATION
No modification or amendment of this Agreement shall be valid until the same is reduced
to writing and executed with the same formalities as this present Agreement.
Section 10: ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed
to exist or to bind any of the Parties hereto. The City has read and understands all of this
Agreement, and now states that no representation, promise or agreement not expressed in this
Agreement has been made to induce the City to execute the same.
Section 11: LIABILITY
The County shall indemnify, defend and hold harmless the City, its officers and employees
from all claims, demands, or suits in law or equity arising from the County's intentional or
negligent acts or breach of its obligations under the Agreement. The County's duty to indemnify
shall not apply to loss or liability caused by the intentional or negligent acts of the City, its officers
and employees.
The City shall indemnify, defend and hold harmless the County, its officers and employees
from all claims, demands, or suits in law or equity arising from the City's intentional or negligent
acts or breach of its obligations under the Agreement. The City's duty to indemnify shall not apply
to loss or liability caused by the intentional or negligent acts of the County, its officers and
employees.
If the comparative negligence of the Parties and their officers and employees is a cause of
such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in
proportion to their relative degree of negligence and the right of indemnity shall apply to such
proportion.
Where an officer or employee of a Party is acting under the direction and control of the
other Party, the Party directing and controlling the officer or employee in the activity and/or
Page 4 of 11 — Commute Trip Reduction Interlocal Agreement
DRAFT
omission giving rise to liability shall accept all liability for the other Party's officer or employee's
negligence.
Each Party's duty to indemnify shall survive the termination or expiration of the
Agreement.
Each Party waives, with respect to the other Party only, its immunity under RCW Title 51,
Industrial Insurance. The Parties have specifically negotiated this provision.
Section 12: ANTI -KICKBACK
No officer or employee of the City, having the power or duty to perform an official act or
action related to this Agreement shall have or acquire any interest in the Agreement, or have solicited,
accepted or granted a present or future gift, favor, service or other thing of value from or to any person
involved in the Agreement.
Section 13: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered within
the State of Washington. This Agreement shall be governed by the laws of the State of Washington
both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding
for the enforcement of this Agreement, or any of its provisions, shall be instituted only in courts of
competent jurisdiction within Spokane County, Washington.
Section 14: COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so
executed and delivered, shall be an original, but such counterparts shall together constitute but one
and the same.
Section 15: SEVERABILITY
If any parts, terms or provisions of this Agreement are held by the courts to be illegal, the
validity of the remaining portions or provisions shall not be affected and the rights and obligations
of the Parties shall not be affected in regard to the remainder of the Agreement. If it should appear
that any part, term or provision of this Agreement is in conflict with any statutory provision of the
State of Washington, then the part, term or provision thereof that may be in conflict shall be
deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement
shall be deemed to modify to conform to such statutory provision.
Section 16: RCW 39.34 REQUIRED CLAUSES
A. PURPOSE: See Section 1.
B. DURATION: See Section 2.
Page 5 of 11 — Commute Trip Reduction Interlocal Agreement
DRAFT
C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: No new or separate
legal or administrative entity is created to administer the provisions of this Agreement.
D. RESPONSIBILITIES OF THE PARTIES: See Agreement provisions.
E. AGREEMENT TO BE FILED: The City shall file this Agreement with its City Clerk. The
County shall file this Agreement with its County Auditor or place it on its web site or other
electronically retrievable public source.
F. FINANCING: See Section 1.
G. TERMINATION: See Section 3.
H. PROPERTY UPON TERMINATION: See Section 5.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the
day and year as noted below.
CITY OF SPOKANE VALLEY BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
Mark Calhoun, City Manager
Date:
Approved by:
Office of the City Attorney
Chair
Date:
Vice Chair
Date:
Commissioner
Date:
ATTEST: ATTEST:
Christine Bainbridge, City Clerk Ginna Vasquez, Clerk of the Board
Page 6 of 11 — Commute Trip Reduction Interlocal Agreement
DRAFT
Exhibit I
Funding Allocation Methodology
RCW 70.94.544 authorizes the CTR Board to determine the allocation of program funds made
available for the purpose of implementing CTR plans. The funding allocated for local
implementation of CTR activities in July 1, 2017 through June 30, 2019 is based on the decision
taken by the CTR Board at its June 19, 2017 meeting. At that meeting, the CTR board passed a
motion to continue the existing funding policy and grant the same allocation from the previous
biennium to implementers in the 2017-2019 biennial allocation.
Page 7 of 11 — Commute Trip Reduction Interlocal Agreement
DRAFT
ATTACHMENT "A"
STATEMENT OF WORK
The County will:
1. Promote consistency within all affected local government jurisdictions within Spokane
County, while serving the City's specific needs.
2. Maintain and administer the City's CTR Ordinances and Plan.
3. Employ a full-time Transportation Demand Management Manager to administer the
County's and City's CTR Plans and Ordinances.
4. Take reasonable measures to identify and notify all affected employers within the City.
5. Assist each affected employer within the City in preparing a program and promoting
the principles of Transportation Demand Management (TDM) with the employer's
employees.
6. Maintain an appeals process consistent with RCW 70.94.537(2)(e) by which major
employers, who as a result of special characteristics of their business or its locations would
be unable to meet the requirements of a commute trip reduction plan, may obtain a waiver
or modification of those requirements and criteria for determining eligibility for waiver or
modification. Within 30 days from the date of approval, submit to WSDOT the name and
employer identification code for any worksite that has been granted an exemption. Include
information about the duration of all exemptions and information on the type of
modification granted.
7 Submit to WSDOT periodic progress reports summarizing the overall CTR implementation
costs incurred by the County and shall be reported in a format provided by WSDOT.
8. Provide WSDOT with a public hearing notice and copies of any proposed amendments to
the CTR ordinance, plan, and/or administrative guidelines within the first week of the
public review period and final copies of all actions within one (1) month of adoption.
9. Coordinate and administer baseline and measurement CTR employer surveys. Provide
employer survey assistance, training and state -supplied survey forms.
10. Notify WSDOT prior to sending any surveys to University of Washington for processing.
The notification must include the name of the worksite, employer identification code and
type of survey for each survey being submitted for processing. The notification shall be
submitted as an electronic spreadsheet via electronic mail. The County agrees to wait for
confirmation from WSDOT prior to sending or delivering the surveys for processing.
Page 8 of 11 — Commute Trip Reduction Interlocal Agreement
DRAFT
11. Provide WSDOT with updated lists of affected worksites and jurisdiction contacts on a
periodic basis or as requested by WSDOT. These updates will be submitted electronically
in a format specified by WSDOT.
12. Continue to monitor the programs of each of the affected employers in the City to
determine compliance with the CTR Ordinance and Plan. Complete annual review of
employer CTR programs including a determination as to whether the employer is acting
in good faith to meet the goals established by the CTR Law.
13. Provide on-going support to all employer designated Employee Transportation
Coordinators (ETCs) and assist ETCs in facilitating regular employer networking
opportunities and obtaining information necessary to perform their duties including
information materials that explain a range of measures and activities to encourage
employee use of commute alternatives.
14. Market available services to affected employers to assist in accomplishing CTR goals.
15. Work collaboratively with and provide technical guidance and support to employers in
developing successful CTR programs.
16. Conduct at least one Basic ETC Training Course per year, using WSDOT-provided
ETC Handbook and other training materials reviewed and approved by WSDOT.
17. Provide employers with written information on basic requirements of the CTR
ordinance and goals set forth in approved CTR plans.
18. Attend transportation or health/benefits fairs at affected employer worksites to encourage
high -occupancy vehicle commuting and promote the employer's CTR program.
19. Design, construct and distribute worksite Commuting Options Boards. Provide
professional materials such as brochures, flyers, posters, newsletters, clip art and other
tools to assist employer implementation of worksite CTR programs.
20. Provide all affected employers with the WSDOT-approved "Program Description &
Employer Annual Report" form. Ensure completed reports are submitted by affected
employers to meet applicable deadlines.
21. Submit to WSDOT periodic invoices along with progress reports that accurately assess the
progress made by County, on behalf of City, in implementing RCW 70.94.521-555.
Report contents include:
a. Detailed summary of CTR events and projects, including implementation assistance
provided to affected employers within the City;
b. Actual total CTR expenditures used by the County for all state CTR funds
expended by the County during the previous quarter for the purpose of CTR
implementation using WSDOT pre -approved format;
Page 9 of 11 — Commute Trip Reduction Interlocal Agreement
DRAFT
c. Updated list of affected employers and worksites (electronic);
d. Total number of worksites by jurisdiction;
e. List of sites which have applied for exemptions or modifications;
22. Establish and maintain books, records, documents and other evidence and accounting
procedures and practices sufficient to reflect properly all direct and indirect costs of
whatever nature claimed to have been incurred and anticipated to be incurred solely
for the performance of this Agreement. Establish and maintain a separate "CTR
Account" within Spokane County along with supporting documentation such as payroll
and time records, invoices, contracts, vouchers or products proving in proper detail the
nature and propriety of the charges.
23. Participate in local implementation of statewide CTR public awareness and
recognition programs developed by WSDOT.
24. Offer recommendations to the City for policies on parking and site design which will
encourage the use of alternative transportation modes.
25. Encourage employers to develop site designs and improvements to office and
industrial sites that promote the use of alternative transportation modes.
26. Assist WSDOT with CTR evaluation.
27. Serve as liaison between WSDOT and cities, towns, transit agencies and regional
transportation planning organizations for the purpose of RCW 70.94.521-555.
28. Continue applying for funding opportunities to further encourage the use of commute
alternatives.
Page 10 of 11 — Commute Trip Reduction Interlocal Agreement
DRAFT
ATTACHMENT "B"
STATEMENT OF WORK
The City will:
1. Provide Spokane County with copies of any proposed amendments to the CTR Plan
and Ordinance.
2. Provide Spokane County with copies of any CTR -related amendments to parking
ordinances prior to public review.
3. Develop, implement and maintain its own CTR Program as an affected employer or as
otherwise specified in the CTR Board Guidelines or RCW 70.94.521-555.
4. Reimburse the County for the services provided by this Agreement in an amount equal
to the City's share of the CTR funding as provided in RCW 70.94.544.
Page 11 of 11 — Commute Trip Reduction Interlocal Agreement
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 5, 2017
Check all that apply: ❑ consent ❑ old business
❑ information ® admin. report
Department Director Approval:
❑ new business ❑ public hearing
❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Administrative Report: Approval of Solid Waste Drop -Box Collection
Services Contracts with Sunshine and Waste Management
PREVIOUS COUNCIL ACTION TAKEN: Administrative Report March 29, 2016, May 31, 2016,
August 30, 2016, September 13, 2016, and October 4, 2016. On October 4, 2016, City Council
gave consensus for staff to release the RFP with changes as directed. On February 14, 2017,
City Council received a report on the next steps for the RFP selection process. On March 7,
2017, City Council received a report on the initial rate, alternatives, and contract modification
results. On April 4, 2017, City Council selected Waste Management to provide solid waste
collection, recycling, and compostable services under an exclusive contract, and selected
Waste Management, Sunshine, and Waste Connections to provide drop -box collection services
under non-exclusive contracts. On May 23, 2017, City Council approved the contract with
Waste Management for solid waste collection, recycling, and compostable services and
authorized its execution.
BACKGROUND: On November 17, 2014, the City entered into contracts for solid waste
collection services with Waste Management of Washington, Inc. (Waste Management) and
Sunshine Disposal, Inc. (Sunshine) to cancel their G -Certificates, extinguish any remaining
rights to "measurable damages," and to allow the City to fully assume control of solid waste
collection. These contracts maintain the prior services provided by Waste Management and
Sunshine under their G -Certificates and terminate on March 31, 2018.
Beginning in early 2016, the City undertook an extensive process to procure long-term solid
waste collection services to commence after the current contracts terminate. This competitive
request for proposals process has allowed the City to obtain some additional services
(described in more detail below) along with lower competitive rates, while still maintaining
conformity with the City's adopted Solid Waste Management Plan.
At the April 4, 2017 meeting, staff reviewed the scoring and recommendation for the three
responsive haulers. After discussion, City Council voted to add two alternatives to the contract:
require all subscribers to use hauler -provided carts, resulting in a savings in rates;, and include
the alternative for an annual one time on-call bulky item pick-up option for subscribers, resulting
in a minor addition to the rates, though overall rates are still lower than current rates. City
Council also voted to select Waste Management to provide solid waste, recycling, and
compostable collection for single-family residential, multifamily residential, and commercial
services under an exclusive contract. Further, City Council voted to select Waste Management,
Sunshine, and Waste Connections to provide drop -box services under three non-exclusive
contracts. Finally, as part of its votes, City Council authorized the City Manager to finalize
contracts with the selected haulers and to bring the final contracts back for City Council
approval.
On May 23, 2017, City Council considered and approved the final exclusive contract to provide
solid waste, recycling, and compostable collection for single-family residential, multifamily
residential, and commercial services with Waste Management. That contract contains the main
Page 1 1
portion of solid waste services within the City, including all single-family residential, multifamily
residential, and commercial subscription solid waste, recycling, and compostable services. It
included the two alternatives selected by City Council:
Alternative one: Universal carts. Under this alternative, the Contractor will provide all
single-family and commercial can customers a wheeled cart to use instead of cans.
Alternative three: On-call household clean-up. This alternative provides for customers to
receive an annual removal of (1) one cubic yard of garbage weighing not more than 65
pounds and (2) two large bulky items (such as appliances, couches, mattresses etc.) as
part of their garbage subscription.
It also includes an administrative fee of 1.0%. The administrative fee is included in all services
under this contract. It is embedded in the fees on customer invoices and is used by the City for
management of solid waste, including management and administration of the contract.
Since May 23, 2017, the City has been working to finalize the non-exclusive contracts for drop -
box, or also called roll -off, solid waste services with Sunshine, Waste Connections, and Waste
Management. Initially, Waste Connections notified the City that since it did not have established
operations already existing, it did not believe it was cost effective for them to begin services at
this point for the smaller revenue value drop -box contract. Thus, the City continued working
with Sunshine and Waste Management to finalize the drop -box contract.
This process took more time than anticipated because the original contract was set up for
comprehensive solid waste, recycling, and compostable services and had to be modified
substantially to fit drop -box services. Drop -box services involve much more basic types of
collection service. Generally, there are a limited number of sizes of drop boxes ranging from 10
to 40 cubic yards in size. These are provided to customers upon request and are generally
removed upon request, although some customers do have recurring pick-ups. Drop off and
pick-up of a drop box occurs with one truck, as it uses a winch to roll the box onto the back of
the truck. Thus, each truck must drop its current load before it can service any other customers.
Many of the customer service requirements that are necessary for residential subscription
services do not exist with drop -box services. Thus, staff and the selected providers have
worked extensively to pare down the contract to fit the nature of drop -box services. Further, just
as occurred in the primary contract with Waste Management, there were a number of technical,
minor operational, and rate details that were worked out to ensure smooth operations during the
term of the contract.
The City and Sunshine and City and Waste Management have come to agreement on a final
contract and staff is now presenting the final non-exclusive contracts with Sunshine and Waste
Management for comprehensive solid waste drop box collection services for City Council
approval.
The final contracts reflect the general terms of the draft distributed as part of the RFP, including:
• Ten-year term, with two optional two-year renewals.
• Timely and complete drop box service for sizes ranging from 10 cubic yards to 40
cubic yards.
• Multifamily recycling offered to any multifamily unit that is primarily served by drop box
solid waste service.
Page 1 2
• Customer service and reporting requirements.
• Set rates with a known annual escalator that is limited to 90% of CPI. Rates also are a
"cap" that cannot be exceeded, but haulers may offer lower rates.
The primary changes from the draft distributed as part of the RFP are as follows:
• Separated drop -box services into separate non-exclusive contracts. This required
removal of a number of sections related to single family and multifamily solid waste
services, compostable services, single-family recycling services, and commercial
services. The City worked with both haulers to prepare two contracts that are
substantially the same for continuity of services amongst the providers and for ease of
management from the City side.
• Removed vehicle age requirement and added requirement for maintenance reporting
that must be available upon request. Further, vehicles that are not presentable, in safe
operating condition, are not washed, or that are leaking may be required to be removed
until they are brought up to the required condition.
• Clarifying that pursuant to the Spokane Valley Solid Waste Management Plan,
multifamily recycling is an optional fee-based service available where applicable. There
are a few existing instances where multifamily complexes use drop boxes as their
primary garbage service. Thus, since the RFP option was for the status quo
arrangement, this allowance has been retained. However, in the event a multifamily
complex uses drop boxes as its main garbage service, it must be given information and
encouraged to recycle. As in the main contract, multifamily recycling is not required.
• Incorporated each hauler's company details, such as company name, notification
information, etc. throughout the contract.
• Incorporated all changes that were accepted during the RFP open period pursuant to
distributed addenda.
• Incorporated minor grammatical and definitional changes for consistency throughout
the contract.
• Incorporated minor operational changes. These changes conform to current Hauler
practices and do not change the substance of the contract, but will assist with
operational efficiencies. Examples include allowing containers to be of the currently
used colors rather than requiring them to be gray and allowing for customer notification
via phone or other methods at contractor's choosing.
• Setting the City's contract administration fee at 0.0%, but allowing for it to be increased
in the future in the event the City determines it is necessary. Currently, staff determined
that the revenue received from an administrative fee on drop box services would not
justify the staff time and resources necessary to collect and administer it.
Staff will come forward with a motion consideration on December 12, 2017 for City Council to
approve the contracts with Sunshine and Waste Management for Solid Waste Drop Box
Collection Services.
Upon execution of the drop box contracts, the City will completely be managing solid waste
collection. Staff will continue working with the new contracted haulers in implementing the
Page 1 3
contracts and preparing for the contract start date on April 1, 2018. As part of that process, staff
will work with the contracted haulers to review the City's options, such as code amendments or
other enforcement options, for ensuring that only contracted haulers are allowed to provide solid
waste collection services within the City in order to keep the rates low through the period of the
contract.
OPTIONS: Discussion
RECOMMENDED ACTION OR MOTION: N/A.
BUDGET/FINANCIAL IMPACTS: Staff time for administration and management of the solid
waste collection contract; collection of an administrative fee on the main solid waste, recycling,
and compostables contract to cover staff costs and assist with management of solid waste
within the City. City has contracted with Epicenter Services, LLC, to assist with the competitive
procurement process. The contract provides for the City to pay Epicenter up to $47,500 for
services. Costs for the consultant will be reimbursed from the City's solid waste administrative
fee in the main solid waste, recycling, and compostables Waste Management contract.
STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst; Henry Allen, Engineer -
Development; Erik Lamb, Deputy City Attorney
ATTACHMENTS:
Proposed Contract with Sunshine Recyclers Inc. for Comprehensive Drop -box Container
Collection Services.
Proposed Contract with Waste Management for Comprehensive Drop -box Container Collection
Services.
Page 1 4
Comprehensive Drop -box Container Collection Contract
City of Spokane Valley
And
Sunshine Recyclers Enc. (dba Sunshine Disposal & Recycling)
April 1, 2018 — March 31, 2028
Comprehensive Drop -box Container
Collection Contract
Table of Contents
RECITALS 1
AGREEMENT 1
DEFINITIONS 2
2. CONTRACTOR REPRESENTATIONS AND WARRANTIES 5
3. SCOPE OF WORK 6
3.1 GENERAL COLLECTION SYSTEM REQUIREMENTS 6
3.1.1 City Service Areo 6
3.1.2 Annexation 6
3.1.3 Service to Customers on Private Roads and Driveways 7
3.1.4 Hours/Days of Collection 7
3.1.5 Employee Conduct 8
3.1.6 Holiday Schedules 8
3.1.7lnclement Weather 8
3.1.8 Suspending Collection from Problem Customers 9
3.1.9 Missed Collections 9
3.1.10 Requirement to Recycle; Maintaining Quality Assurance Through Monitoring 9
3.1.11 Vehicle and Equipment Type/Condition/Use 10
3.1.12 Container Requirements and Ownership 11
3.1.12.1 Recyclables Carts for Multifamily Complex Customers 11
3.1.12.2 Detachable Containers and Drop -box Containers 12
3.1.12.3 Ownership 13
3.1.12.4 Container Colors and Labeling 13
3.1.12.5 Container Weights 13
3.1.12.6 Container Removal Upon City or Customer Request 14
3.1.12.7 Container Placement 1.4
3.1.13 inventory of Equipment, Vehicles, Facilities and Containers 14
3.1.14 Spillage 14
3.1.15 Disruption Due to Construction 15
3.1.16 Contractor Planning and Performance Under Labor Disruption 15
3.1.17 Site Planning and Building Design Review 16
3.1.18 Safeguarding Public and Private Facilities 17
3.1.19 Transition and implementation of Contract 17
3.1.20 Performance Review 17
3.1.21 Continual Monitoring and Evaluation of Operations 18
3.1.22 Collection/Disposal Restrictions 18
3.1.23 Emergency Response 19
3.2 COLLECTION SERVICES 19
3.2.1 Multifamily Complex Recyclables Collection 19
3.2.1.1 Subject Materials 19
3.2.1.2 Containers 19
3.2.1.3 Specific Collection Requirements 19
3.2.2 Drop -Box Container Garbage Collection 20
3.2.2.1 Subject Materials 20
3.2.2.2 Containers 20
3.2.2.3 Specific Collection Requirements 20
3.2.3 Temporary (Non -Event) Container Customers 20
3.2.4 Excluded Services 20
3.3 COLLECTION SUPPORT AND MANAGEMENT 21
3.3.1 General Customer Service 21
3.3.2 Specific Customer Service Requirements 21
3.3.2.1 Customer Service Representative Staffing 21
3.32.2 City Customer Service 21
3.3.2.3 Service Recipient Complaints and Requests 22
3.32.4 Handling of Customer Calls 22
3.32.5 Corrective Measures 22
3.32.6 Contractor Internet Website 23
3.3.2.7 Full Knowledge of Garbage and Recyclables Programs Required 23
3.3.2.8 Customer Communications 24
3.3.3 Customer Billing Responsibilities 24
3.3.4 Reporting 25
3.3.4.1 Annual Reports 26
3.3.4.2 Ad Hoc Reports 26
3.3.4.3 Other Reports 27
3.3.5 Promotion and Education 27
3.3.6 Transition to Next Contractor 27
4. COMPENSATION 28
4.1 COMPENSATION TO THE CONTRACTOR 28
4.1.1 Rates 28
4.1.2 Itemization on Invoices 28
4.2 COMPENSATION TO THE CITY 29
4.3 COMPENSATION ADJUSTMENTS 30
4.3.1 Annual CPI Modification 30
4.3.2 Changes in Disposal Processing Sites 30
4.3.3 Other Modifications 30
4.3.3.1 New or Changes in Existing Taxes 31
4.3.3.2 Changes in Service Provision 31
4.4 CHANGE IN LAW 31
5. FAILURE TO PERFORM, REMEDIES, TERMINATION 31
5.1 PERFORMANCE FEES 32
5.2 CONTRACT DEFAULT 33
6. NOTICES 35
7. GENERAL TERMS 35
7.1 COLLECTION RIGHT 35
7.2 ACCESS TO RECORDS 35
7.3 INSURANCE 36
7.3.1 Minimum Scope of Insurance 36
7.3.2 Minimum Amounts of Insurance 37
7.3.3 Other Insurance Provisions 37
7.3.4 Acceptability of Insurers 38
7.3.5 Verification of Coverage 38
7.3.6 Subcontractors 38
7.3.7 ACORD Form 38
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Sunshine Recyclers Inc.
December, 2017
7.4 PERFORMANCE BOND 38
7.5 INDEMNIFICATION 38
7.6 CONFIDENTIALITY OF INFORMATION 39
7.7 ASSIGNMENT OF CONTRACT 40
7.7.1 Assignment or Pledge of Money by the Contractor 40
7.7.2 Assignment, Subcontracting, Delegation of Duties 40
7.7.3 Merger or Sale of Contractor Operations 41
7.8 LAWS TO GOVERN/VENUE 41
7.9 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 41
7.10 PERMITS AND LICENSES 42
7.11 RELATIONSHIP OF PARTIES 42
7.12 CONTRACTOR'S RELATIONSHIP WITH CUSTOMERS 42
7.13 BANKRUPTCY 42
7.14 RIGHT TO RENEGOTIATE/AMEND 42
7.15 FORCE MAJEURE 43
7.16 ILLEGAL PROVISIONS 43
7.17 WAIVER 44
7.18 INCORPORATION OF CONTRACTOR'S PROPOSAL IN RESPONSE TO CITY'S RFP 44
7.19 DISPUTES RESOLUTION 44
7.20 JURISDICTION AND VENUE 44
7.21 INTERPRETATION OF TIME 44
7.22 ENTIRETY 44
ATTACHMENTS 45
Attachment A: City Service Area
Attachment B: Contractor Rates
Attachment C: Recyclables List
Attachment D: Rate Modification Example
Attachment E: Insurance Certificates
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Sunshine Recyclers Inc.
December, 2017
This Comprehensive Drop -box Collection contract ("Contract") is entered into by and between the City of
Spokane Valley, a code city of the State of Washington ("City"), and Sunshine Recyclers Inc. (dba Sunshine
Disposal & Recycling) ("Contractor"), to provide for the collection of Drop -box Containers containing
Garbage from Single-family Residences, Multifamily Complexes, and Commercial Customers located
within the City Service Area and the additional collection of Recyclables from subscribing Multifamily
Complexes Customers that utilize Drop -box Container Garbage service. This Contract does not govern or
authorize collection of Garbage, Recyclables, or Compostables from Single-family Residences,
Multifamily Complexes, or Commercial Customers by any means other than as provided herein. (Each
capitalized term is hereinafter defined.)
The parties, in consideration of the promises, representations, and warranties contained herein, agree
as follows:
RECITALS
WHEREAS, the City, through adoption of its Solid Waste Management Plan and the cancellation of
previously existing certificates authorizing solid waste collection within the City, has assumed control and
authority over Garbage, Residential Recyclables, and Residential Compostables collection to the extent
provided by law; and
WHEREAS, the City has conducted a competitive process to select one or more contractor(s) to provide
Garbage, Rccyclables, and Compostables collection services to residents and Garbage collection services
to businesses, and institutions located within the City Service Area; and
WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City
conducted a thorough and exhaustive competitive process; and
WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City had
the right at any time during the process to reject any or all of the competitors, regardless of their proposals
or prices; and
WHEREAS, having completed the competitive process, the City has selected the best candidates to provide
the services outlined in the competitive process; and
WHEREAS, the Contractor represents and warrants that it has the experience, resources, and expertise
necessary to perform the services as requested in the competitive process; and
WHEREAS, the City had determined that it is in the City's best interest to split the contract resulting
through the procurement process and award one exclusive contract for collection of Garbage, Recyclables,
and Compostables from Single-family Residences, Multifamily Complexes, and Commercial Customers
by means other than Drop -box Container collection and separate, non-exclusive contracts for Drop -box
Container collection; and
WHEREAS, the City desires to enter into this Contract with the Contractor for the non-exclusive Drop -box
Container services outlined in the competitive process and included below;
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein
contained, the City and Contractor do hereby agree as follows:
AGREEMENT
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Sunshine Recyclers Inc.
December, 2017
Page 1 of 54
This Comprehensive Drop -box Container Collection Contract (hereafter, -Contract") is made and entered
into this day of , 2017 (hereafter the "Date of Execution"), by and between the City
of Spokane Valley, a corporation code city of the State of Washington (hereafter, the' -City.), and Sunshine
Recyclers Inc. (dba Sunshine Disposal & Recycling), a Washington corporation (hereafter, the
"Contractor")..
DEFINITIONS
All capitalized terms utilized in this Contract are intended to have the meaning defined in this Section
whether or not the term is defined prior to its use in this Contract. The following definitions apply to the
entirety of this Contract unless it is clear from the context that another definition applies. Words not defined
herein shall be construed as defined in the most current version of Webster's New Collegiate Dictionary.
All references to time shall be to Pacific Standard Time.
Administrative Fee: The term "Administrative Fee" means a City -defined fee that may be included in
Customer rates charged by the Contractor, with receipts collected from Customers by the Contractor and.
remitted to the City as directed in this Contract. The Administrative Fee is separate from and distinct from
any itemized utility, sales or other taxes that may be assessed from time to time.
C&D Waste: The term "C&D Waste" means Garbage resulting from construction, remodeling, repair,
and/or demolition of buildings, houses, roads, or other structures, including, but not limited to, wood, brick,
concrete, rubble, soil, rock. drywall, masonry, roofing, siding, asphalt, structural metal, wire, packaging,
insulation, and other building material.
Cart: The word "Cart" means a Contractor -provided 32/35-, 64-. or 96 -gallon wheeled Container with
attached lid suitable for collection, storage, and Curbside placement of Recyclablcs. Carts shall be rodent
and insect resistant.
Change of Control: The term "Change of Control" means any single transaction or series of related
transactions by which the beneficial ownership of more than 50% of the voting securities of the Contractor
is acquired by a person or entity, or by an affiliated group of persons or entities, who as of the effective date
of the Contract do not have such a beneficial interest provided, however, that intra -company transfers, such
as transfers between different subsidiaries or branches of the parent corporation of the Contractor, or
transfers to corporations, limited partnerships, or any other entity owned or controlled by the Contractor
upon the effective date of the Contract, and transactions effected on any securities exchange registered with
the U.S. Securities and Exchange Commission, shall not constitute a Change in Control.
City: The word "City" means the City of Spokane Valley, Spokane County, Washington. As used in the
Contract, use of the term "City" may include reference to the City Manager, or his/her designated
representative.
City Service Area: The term "City Service Area" means the service boundaries indicated in Attachment
A as of the Date of Commencement of Service, as revised from time to time in accordance with Section
3.1.2.
City Disposal System: The City's Disposal System is the City's designated transfer, transport, and disposal
provider as provided pursuant to contract and as designated within the City's Solid Waste Management
Plan. As of the Date of Execution, the City's Disposal System is provided through Sunshine Recyclers,
Inc. at the University Transfer Station, located at 2405 North University, Spokane Valley, Washington
99206.
City of Spokane Valley December, 2017
Comprehensive Drop -box Container Collection Contract Page 2 of 54
Sunshine Recyclers Inc.
Commercial Customer: The term "Commercial Customer" means non -Residential Customers, including
businesses, institutions, governmental agencies, and all other users of commercial -type Garbage collection
services.
Compostables: The word "Compostables" means Yard Debris and Food Scraps, separately or combined.
Consumer Price Index or CPI: The words "Consumer Price Index" or "CPI" means the Consumer Price
Index for All Items, December 1996=100 for All Urban Consumers (CPI -U), West Size Class BIC, as
published by the United States Department of Labor, Bureau of Labor Statistics. The Parties may refer to
the Bureau of Labor Statistics website or other official source to determine the applicable CPI Index.
Contractor: The word "Contractor" means Sunshine Recyclers Inc. (dba Sunshine Disposal & Recycling),
which has contracted with the City to collect, transport, and dispose of Garbage contained in Drop -box
Containers, and to collect, process, market, and transport Recyclables from Multifamily Customers who
use Drop -box Containers for their Garbage service.
Contract: means this Contract between the City and Contractor and all mutually adopted amendments
thereto.
Container: The word "Container" means any Cart, Detachable Container, or Drop -box Container used in
the performance of this Contract, and shall include both loose and compacting Containers.
County: The word "County" means Spokane County, Washington State.
Customer: The word "Customer" means all users of the services provided by the Contractor as contained
herein, including property owners, managers, and tenants.
Date of Commencement of Service: The term "Date of Commencement of Service" is April 1, 2018,
which is the date that the Contractor agrees to commence the provision of collection and other services as
described throughout this Contract.
Date of Execution: The term "Date of Execution" means the date that this Contract is executed by all
signatories.
Detachable Container: The term "Detachable Container" means a watertight metal or plastic container
equipped with a tight -fitting cover, capable of being mechanically unloaded into a collection vehicle, and
that is not less than one cubic yard or greater than eight cubic yards in capacity.
Driveway: The word "Driveway" means a privately -owned and maintained way that connects a Customer's
service location with a Private Road or Public Street.
Drop -box Container: The term "Drop -box Container" means an all -metal container with 10 cubic yards
or more capacity that is loaded onto a specialized collection vehicle.
Excluded Materials: These materials include waste tires, radioactive, volatile, corrosive, flammable,
explosive, biomedical, infectious, bio -hazardous, regulated medical or Hazardous Waste materials.
Garbage: The word "Garbage" means all putrescible and non-putrescible solid and semi-solid wastes,
including, but not limited to, rubbish, cold bagged ashes, industrial wastes, swill, demolition and
construction wastes, dead small animals completely wrapped in plastic and weighing less than 15 pounds,
City of Spokane Valley December, 2017
Comprehensive Drop -box Container Collection Contract Page 3 of 54
Sunshine Recyclers Inc.
and discarded commodities that are placed by Customers in appropriate Containers, bags, or other
receptacles for collection and disposal by the Contractor. Needles or "sharps" shall be included in the
definition of Garbage to the extent they are allowed to be disposed of lawfully pursuant to current Spokane
County Regional Health District rules and policy. The term Garbage shall include C&D Waste, but shall
not include Excluded Materials, Source -separated Recyclables or Source -separated Compostables.
Hazardous Waste: The term "Hazardous Waste" means any hazardous, toxic, or dangerous waste,
substance, or material, or contaminant, pollutant, or chemical, known or unknown, defined or identified as
such in any existing or future local, state, or federal law, statute, code, ordinance, rule, regulation, guideline,
decree, or order relating to human health or the environment or environmental conditions, including but not
limited to any substance that is:
A. Defined as hazardous by 40 C.F.R. Part 261.3 and regulated as hazardous waste by the United
States Environmental Protection Agency under Subtitle C of the Resource Conservation and
Recovery Act (`RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and
Solid Waste Amendments (HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601
et seq.; or any other federal statute or regulation governing the treatment, storage, handling, or
disposal of waste imposing special handling or disposal requirements similar to those required by
Subtitle C of RCRA;
B. Defined as dangerous or extremely hazardous by WAC 173-303-040 and regulated as dangerous
waste or extremely hazardous waste by the Washington State Department of Ecology under the
State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State
statute or regulation governing the treatment, storage, handling, or disposal of wastes and imposing
special handling requirements similar to those required by Chapter 70.105 RCW; and
C. Any substance that comes within the scope of this definition as determined by the City after the
Date of Execution of this Contract.
Any substance that ceases to fall within this definition as determined by the City after the Date of Execution
of this Contract shall not be deemed to be Hazardous Waste.
Multifamily Complex: The term "Multifamily Complex" means multiple -unit Residences with five or
more attached or unattached units billed collectively for Garbage collection service.
Office Hours: The term "Office Hours" means the period 8:00 am to 5:00 pm, Pacific Standard Time
Monday through Friday and 9:00 am to 1:00 pm, Pacific Standard Time on Saturdays.
On-call: The term "On-call" means the provision of specified services only upon direct telephone, written,
or e-mailed request of the Customer to the Contractor.
Private Road: The term "Private Road" means a privately -owned and maintained way that allows for
access by a service vehicle and that serves multiple Customers.
Public Street: The term ``Public Street" means a public right-of-way used for public travel, including public
alleys.
Putrescible Waste: The term "Putrescible Waste" means Garbage that contains organic matter capable of
being decomposed by microorganisms, and of such a character and proportion as to cause obnoxious odors
and to be capable of attracting or providing food for animals, including but not limited to food waste, used
diapers and pet waste.
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Sunshine Recycicrs Inc.
Recycling: The word "Recycling" refers to the preparation, collection, transport. processing, and marketing
of Recyclables.
Recyclables: The word "Recyclables" means the materials designated as being part of a Multifamily
Complex Residential Recycling collection program, as listed in Attachment C.
Residence/Residential: The words "Residence" or "Residential" mean a living space with a kitchen that
is individually rented, leased, or owned..
Single-family Residence: The term "Single-family Residence" means (1) all one -unit houses, duplexes,
triplexes, four-plexes, and mobile homes, that are billed collectively or individually, and (2) all multi -unit
Residences with five -or more attached or unattached units that are billed individually, located on a Public
Street. or Private Road.
Source -separated: The term "Source -separated" means certain reclaimable materials that are separated
from Garbage by the Customer for recycling or reuse, including but not limited to Recyclables.
Strike Contingency Plan: The term "Strike Contingency Plan" means the plan that the Contractor ‘v i11
develop pursuant to Section 3.1.16 of this Contract.
Transition and Implementation Plan: The term "Transition and Implementation Plan °' means the plan
that the Contractor will develop pursuant to Section 3.1.19 of this Contract.
WUTC: The term "WUTC" means the Washington Utilities and Transportation Commission.
1. TERM OF CONTRACT
The term of this Contract is ten years, starting on the Date of Commencement of Service and ending
midnight March 31, 2028. The City may, at its sole option, extend the Contract up to two additional two-
year extensions. Any extension granted shall be under the original terms and conditions of this Contract —
along with any amendments that exist at the time of the extension. To exercise the option to extend this
Contract, written notice shall be given by the City to the Contractor at least 180 days prior to the expiration
of the Contract term. With the Contractor's written consent, the requirement of 180 days prior notice of
exercise of the City's option to extend may be waived in any instance.
2. CONTRACTOR REPRESENTATIONS AND WARRANTIES
The Contractor represents and warrants to the City as follows:
• Organization and Qualification. The Contractor is duly incorporated, validly existing, and in good
standing under the laws of the state of Washington, and has all requisite corporate power and
authority to enter into and to perform its obligations under this Contract.
• Authority. The Contractor has the authority to execute this Contract, to make the representations
and warranties set forth in it, and to perform the obligations of the Contractor under this Contract
in accordance with its terms. This Contract has been validly executed by an authorized
representative of the Contractor, and constitutes a valid and legally binding and enforceable
obligation of Contractor.
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Government Authorizations and Consents. The Contractor has or will obtain at its sole cost prior
to the Date of Commencement of Service any such licenses, permits, and other authorizations from
federal, state, and other governmental authorities, as are necessary for the performance of its
obligations under this Contract_
• Compliance With Laws. The Contractor is not in violation of any applicable laws, ordinances, or
regulations, which may impact the Contractor's ability to perform its obligations under this Contract
or which may have any impact whatsoever on the City. The Contractor is not subject to any order
or judgment of any court, tribunal, or governmental agency that impacts its operations or assets or
its ability to perform its obligations under this Contract.
• Accuracy of Information. None of the representations or warranties in this Contract, and none of
the documents, statements, reports, certificates, or schedules furnished or to be furnished by the
Contractor pursuant hereto or in connection with the performance of the obligations contemplated
under this Contract, at any time contain or will contain untrue statements of a material fact or
omissions of material facts.
• Independent Examination. In accepting these responsibilities, the Contractor represents and affirms
that it has made its own examination of all conditions affecting the performance of this Contract,
currently and into the future, and of the quantity, quality, and expense of labor, equipment, vehicles,
facilities, properties, materials needed, and of applicable taxes, permits, and applicable laws. The
Contractor affirms that within the City Service Area it is aware of the present placement and
location of all Containers. The Contractor represents and warranties that it is capable of continuing
to collect all Containers from their present locations, and that it is capable of providing service to
and collection of Containers in any areas of the City Service Area that may be built out or developed
during the term of this Contract.
3. SCOPE OF WORK
3.1 General Collection System Requirements
3.1.1 City Service Area
The Contractor shall provide all services pursuant to this Contract throughout the entire City Service Area.
3.1.2 Annexation
If, during the term of the Contract, additional territory is added to the City through annexation or other
means within which the Contractor has an existing WUTC certificate or other franchise for solid waste
collection at the time of annexation, the Contractor shall, from the date of annexation, make collection in
the annexed area in accordance with the provisions of this Contract at the unit prices set forth in this
Contract.
This Contract is in lieu of a franchise as provided in RCW 35A.14.900. The Contractor agrees that its
WUTC certificate(s) applicable to those areas (if any) shall be cancelled effective on the date of annexation
by the City. The Contractor expressly waives and releases its right to claim any and all damages or
compensation from the City, its officers, agents, or assigns arising out of the cancellation of any pre-existing
permit or franchise held by the Contractor prior to annexation, and further specifically waives the right to
receive any additional compensation or any rights of collection in the newly annexed territory. The term
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during which the Contractor shall service any future annexation areas shall be seven years from the date of
annexation, notwithstanding the term set forth in Section 1 of this Contract.
If additional territory is added to the City through annexation within which the Contractor does not have an
existing WUTC certificate or other franchise for Garbage or other collections and that annexed area is
served by another certificated hauler, then, the Contractor agrees to make collections in such annexed areas
in accordance with the provisions of this Contract at the unit price set forth in this Contract solely upon
written notification from the City. The City shall negotiate a separmc franchise with that certificated hauler
as authorized by State law and shall authorize the Contractor to service that newly annexed area at such
time as may be authorized by State law and this Contract.
In the event that additional territory is added to the City Service Area, the City acknowledges that
equipment, such as Contract -compliant vehicles and Containers, may take time to procure; and therefore,
shall not charge performance fees as outlined in Section 5.1 to the Contractor for reasonable delays in the
provision of services to annexed areas covered by this section due to procurement delays that are not within
the control of the Contractor.
3.1.3 Service to Customers on Private Roads and Driveways
The Contractor shall provide service to all Customers located on Private Roads, except as noted in this
Section.
In the event that the Contractor believes that a Private Road cannot be safely negotiated, the Contractor
may request the City to evaluate on-site conditions and make a determination of the best approach for
providing safe and appropriate service to the Customer. The City's determination shall be final, provided
that the Contractor shall not be required to endanger workers, equipment, or property.
If the Contractor believes that there is a probability of Private Road or Driveway damage, the Contractor
shall inform the respective Customers and may require a road damage waiver agreement in a form
previously approved by the City. In such event, if the Customers refuse to sign such a road damage waiver,
the Contractor inay decline to provide service on those Private Roads or Driveways, and the Customers will
only be serviced from the closest Public Road access. Such determination that damage is probable must be
approved in writing by the City prior to any action or refusal of service by the Contractor.
3.1.4 Hours/Days of Collection
All collections from Single-family Residential Customers and Residential zones shall be made between the
hours of 6:00 a.m. and 6:00 p.m. on a weekday, unless the City authorizes a temporary extension of hours
or days. Saturday collection is allowed to the extent consistent with missed collection recovery, holiday and
inclement weather schedules, or as approved by the City and shall occur during the same hours as weekday
Residential collection.
Collections from Commercial Customers within Commercial zones may be made at any time provided that
service to those Customers shall not disturb Residential Customers in adjoining or mixed Residential zoned
areas. Collections from Commercial Customers within audible distance of Residential Customers outside
of Commercial zones shall be made only between the hours of 6:00 a.m. and 6:00 p.m., and no earlier than
7:00 a.m. on Saturday. Exemptions to the hour requirements may be granted in writing in advance by the
City to accommodate the special needs of Commercial Customers where allowed by the City's noise code.
The City's noise ordinance, as amended from time to time, may further restrict these terms and hours of
collection. Collections from Commercial Customers shall occur based on Customer needs and prior
arrangement Monday through Saturday.
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3.1.5 Employee Conduct
The Contractor's employees collecting Garbage or Recyclables shall at all times be courteous, refrain from
Ioud, inappropriate or obscene language, exercise due care, perform their work without delay, minimize
noise, and avoid damage to public or private property. If on private property, Contractor employees shall
follow the regular pedestrian walkways and paths, returning to the street after replacing empty Containers.
Contractor employees shall not trespass or loiter, cross flower beds, hedges, or property of adjoining
premises, or meddle with property that does not concern them or their task at hand. While performing work
under the Contract, Contractor employees shall wear a professional and presentable uniform with an
identifying name badge and company emblem visible to the average observer. At the City's option and
direction, Contractor employees shall work with groups or organizations, such as neighborhood community
organizations, homeowner associations, or the City's Police, and other agencies providing utilities and
services (e.g., Fire) for training to recognize and call the appropriate agency when suspicious activities or
when street or utility deficiencies are observed.
If any person employed by the Contractor to perform collection services is, in the opinion of the City,
incompetent, disorderly, or otherwise unsatisfactory, the City shall promptly document the incompetent,
disorderly, or unsatisfactory conduct in writing and transmit the documentation to the Contractor with a
demand that such conduct be corrected. The Contractor shall promptly investigate any written complaint
from the City regarding any unsatisfactory performance by any of its employees and take immediate
corrective action. If the offending conduct is repeated, the City may require that the person be removed
from all performance of additional work under this Contract. In that event, the Contractor shall immediately
remove that person from further performance of work under this Contract.
3.1.6 Holiday Schedules
The Contractor shall observe the same holiday schedule as docs the City s Disposal System. When those
holidays fall on a regular collection day, the Contractor shall reschedule the remainder of the week of
regular collection to the next succeeding business day, which shall include Saturdays. The Contractor may
not collect Garbage or, as may be applicable, Recyclables earlier than any regularly scheduled collection
day due to a holiday, unless specifically authorized by the Customer. Holiday information shall be included
in written program materials, on the Contractor's web site, and via press releases to general news media in
the Spokane Valley area by the Contractor the week prior to the holiday affecting service.
3.1.7 Inclement Weather
The Contractor shall provide all collection services unless weather conditions are such that continued
operation would result in danger to the Contractor's staff, area residents, or property. In that event, the
Contractor shall collect only in areas that do not pose a danger. The Contractor shall notify the City by e-
mail or phone (at the City's option) of the areas not to be served by 6:00 a.m. on the same business day if
adverse conditions develop overnight or within one hour if adverse conditions develop during the workday
after 6:00 a.m. Once Contractor vehicles are on -route, areas intentionally missed due to hazardous
conditions and not previously reported to the City, shall be approved by a route supervisor and reported to
the City not later than 12:00 p.m. (noon) on the same business day. The Contractor shall provide notification
calls, texts, or e-mails (at Contractor's preference) to all missed Customers by 3:00 p.m., including
information on when their next collection is expected.
Weather policies shall be included in program information provided to Customers. On each inclement
weather day, the Contractor shall release notices by 6:00 a.m. to the Contractor's website, local print and
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electronic media notifying residents of the modification to the collection schedule. The City may specify
additional media outlets for Contractor announcements at the City's discretion.
3.1.8 Suspending Collection from Problem Customers
The City and Contractor acknowledge that some Customers may cause disruptions or conflicts that make
continued service to that Customer unreasonable. Those disruptions or conflicts may include, but not be
limited to repeated damage to Contractor -provided Containers, repeated suspect claims of timely set -out
followed by demands for return collection at no charge, repeated unsubstantiated claims of Contractor
damage to a Customer's property, abusive and/or threatening language on the Customer's part, or other
such problems.
The Contractor shall make every reasonable effort to provide service to those problem Customers. If the
problem continues, the Contractor may deny or discontinue service to a problem Customer after prior
written notice is given to the City of the intent to deny or discontinue service, including the name, service
address, reason for such action, and if reasonable efforts to accommodate the Customer and provide services
have occurred and failed. If the Customer submits a written letter or e-mail to the City appealing the
Contractor decision, the City may, at its discretion, intervene in the dispute. In this event, the decision of
the City shall be final. The City may also require the denial or discontinuance of service to any Customer
who is abusing the service or is determined to be ineligible.
3.1.9 Missed Collections
If Garbage or Recyclables are set -out inappropriately, improperly prepared, or contaminated with
unacceptable materials, the Contractor shall either contact the Customer or place in a prominent location a
written notification tag that identifies the specific problem(s) and reason(s) for rejecting the materials for
collection. Failure to contact the Customer or provide proper written notification to Customers of the reason
for rejecting materials for collection shall be considered a missed collection and subject to performance
fees due to lack of proper Customer notification.
The failure of the Contractor to collect Garbage or Recyclables that have been set -out by a Customer in the
proper manner on the appropriate day shall be considered a missed collection, and the Contractor shall.
collect the materials from the Customer on the same day if notified of the missed collection by 3:00 PM on
the day of the miss, otherwise the collection shall occur on the next day. Customers giving notice after 3:00
PM Friday shall receive a make-up collection the following Monday. The Contractor shall maintain a record
of all calls related to missed collections and the response provided by the Contractor. Such records shall be
made available for inspection upon request by the City, and the information shall be included in annual
reports. (See Reporting requirements set forth in Section 3.3.4).
If the Contractor is requested by the Customer to make a return trip due to no fault of the Contractor, which
the Contractor can prove through documentation (e.g. the Containers were not placed at the curb on-time
and the driver documented that fact in a log, with a photograph, etc.), the Contractor shall be permitted to
charge the Customer an additional return trip fee for this service, provided the Contractor notifies the
Customer of this charge prior to and on the same day of the return trip, and the Customer agrees to payment
of the return trip fee. The Contractor shall not be liable for a missed collection in such case.
3.1.10 Requirement to Recycle; Maintaining Quality Assurance Through Monitoring
The Contractor shall recycle all Source -separated Recyclables collected unless express prior written
permission is provided by the City. The Contractor shall use vehicles and processing systems that minimize
unnecessary breakage and cross -contamination of materials. The landfilling, incineration, or other disposal
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Sunshine Recyclers Inc.
of uncontaminated Source -separated Recyclables by the Contractor is expressly prohibited without the
express prior written approval of the City.
A Container with visually obvious contaminants included with Source -separated Recyclables shall not be
collected, and the Container shall be left with either (1) a prominently displayed written notification tag,
or (2) with the Contractor contacting the Customer directly, explaining the reason for rejection and stating
that the Customer may either remove the contaminated materials to meet the standards for Recyclables or
that if the contaminated materials are not removed, the Container shall be collected on the next regular
collection cycle as Garbage at the rate specified in Attachment B to the City's Comprehensive Garbage,
Recyclables, and Compostables Contract with Waste Management of Washington, Inc., executed June 29,
2017, for "Commercial Detachable Container (loose) - Extra loose cubic yard in container, per pickup" as
the same may be adjusted from time to time. In either case, materials shall be collected on the next regular
collection cycle unless the Customer pays for a return trip.
The Contractor may change the day of Multifamily Complex collection by giving at least 14 days written
notice of the pending collection day change to the affected Customers.
3.1.11 Vehicle and Equipment Type/Condition/Use
The Contractor shall use collection vehicles that are presentable, are in safe working condition, and are
subject to all other conditions of this Section. The Contractor shall keep maintenance reports for each
collection vehicle and provide these upon request by the City. The accumulated annual use of individual
back-up vehicles shall be reported in the Contractor's annual report.
Vehicles shall be maintained in a clean and sanitary manner, and shall be thoroughly washed at least once
each week unless adverse weather conditions preclude washing. All collection equipment shall have
appropriate safety markings, including all highway lighting, flashing and warning lights, clearance lights,
and warning flags, all in accordance with current statutes, rules and regulations. Equipment shall be
maintained in good condition at all times. Vehicles shall be repainted upon showing rust on the body or
chassis. All parts and systems of the collection vehicles shall operate properly and be maintained in a
condition compliant with all federal, state, and local safety requirements and be in a condition satisfactory
to the City. All vehicles shall be equipped with variable tone or proximity activated reverse movement
back-up alarms.
The Contractor shall maintain collection vehicles and Containers to ensure that no liquid wastes (e.g.
Garbage leachate) or oils (e.g. lubricating, hydraulic or fuel) are discharged to Customer premises or City
streets. All collection and route supervisor vehicles used by the Contractor shall be equipped with a spill
kit sufficient in size to contain a complete spill from the largest liquid tank on the collection vehicle. Any
equipment not meeting these standards shall not be used within the City Service Area until repairs are made.
Any discharge of liquid wastes or oils that may occur from Contractor's vehicles or Containers, prior to
them being removed from service, shall be cleaned -up or removed within three hours of being noticed by
route staff, Customers or the City, and shall be remediated by the Contractor at its sole expense. Such clean-
up or removal shall be documented with pictures, and notice of such clean-up or removal shall be provided
to the City in writing. The Contractor shall immediately notify the City by calling the Senior Engineer to
notify of any spills that enter drainages. Failure by the Contractor to clean-up or remove the discharge in a
timely fashion to the satisfaction of the City shall be cause for performance fees, as described in Section
5.1. The Contractor shall notify the City and Customer of any leakage from non -Contractor -owned
Containers immediately, in order to address those spills in a timely manner.
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The Contractor shall maintain all vehicles used in the City Service Area in a manner intended to achieve
reduced noise levels, operating cost, and fuel use. All collection vehicles shall be operated in a manner to
avoid extended idling.
The Contractor's name, logo, customer service telephone number and website address shall be clearly
identified on Contractor's vehicles. No additional advertising shall be allowed on Contractor vehicles
unless previously approved in writing by the City. Special promotional messages may be permitted by the
City provided they are either painted directly on vehicles or on special placards attached to vehicles. City
approval shall be in writing and solely within the City's discretion.
All Contractor route, service, and supervisory vehicles shall be equipped with properly licensed two-way
communication equipment. The Contractor shall maintain a base station or have equipment capable of
reaching all collection areas. Collection vehicles shall also be equipped with back-up cameras.
A vehicle not meeting the requirements of this Section and the Contract shall be removed and not used in
the City until such time as it is brought into compliance.
3.1.12 Container Requirements and. Ownership
All Recyclablcs collection services provided under this Contract specifically include the costs of the
associated Recycling Container. The cost of rental of Contractor -provided Drop -box Containers is
authorized at the rates contained in Attachment B, as the same may be adjusted pursuant to Section 4 of
this Contract.
Customers shall use Contractor -provided Drop -box Containers for Garbage collection service, provided
that Customers may use their own or leased compacting Drop -box Containers. The Contractor shall handle
any Customer -owned Garbage Drop -box Container in such a way as to prevent undue damage. The
Contractor shall be responsible for unnecessary or unreasonable damage to Customer -owned Drop -box
Containers. Customers shall use Contractor -provided Carts and Containers for Recyclables collection
service.
Customers may elect to own or secure Drop -box Containers used for compacting purposes from other
sources, and shall not be subject to discrimination by the Contractor in collection services on that account.
However, Drop -box Containers used for compacting purposes owned or secured by Customers shall be
capable of being serviced by the Contractor's collection vehicles to be eligible for collection. The
Contractor shall provide labels and collection service for compatible Customer -owned or -secured Drop -
box Containers used for compacting purposes. The Contractor is not required to service Customer Drop -
box Containers used for compacting purposes that are not compatible with the Contractor's equipment. In
the event of a dispute as to whether a particular Drop -box Container used for compacting purposes is
compatible, the City shall make a final determination.
3.1.12.1 Recyclables Carts for Multifamily Complex Customers
The Contractor shall procure and maintain a sufficient quantity of Containers to service the City's
Multifamily Customer base, including seasonal and economic variations in Container demand. Failure to
have a Container available when required by a Customer shall subject the Contractor to performance fees,
as provided in Section 5.
The Contractor shall offer 32/35, 64 and 96 -gallon Recyclables Carts for Multifamily Complex Recyclables
collection serving subscribing Multifamily Complex Customers utilizing Drop -box Containers as their sole
source for Garbage collection and subscribing for Recycling unless the use of a Detachable Container for
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Recyclables is more appropriate for the volume handled at that site. All Carts shall be manufactured from
a minimum of 10% post -consumer recycled plastic, with a lid that will accommodate a Contractor affixed
screening or label. Carts shall be provided to requesting Customers within seven days of the Customer's
initial request.
Replacement Carts and Carts provided to new Customers during the term of the Contract may be previously
used, but shall be clean, in good condition and with new or near -new instructional decals with information
relevant to Spokane Valley in-place prior to Cart distribution.
All Contractor -provided Carts shall be maintained by the Contractor in good condition for material storage
and handling; contain no jagged edges or holes; contain wheels or rollers for movement; and be equipped
with an anti-skid device or sufficient surface arca on the bottom of the container to prevent unwanted
movement. The Carts shall contain instructions for proper use, including any Customer actions that would
void manufacture warranties (such as placement of hot ashes in the container causing the container to melt),
and procedures to follow to minimize potential fire problems.
Collection crews shall note damaged hinges, holes, poorly functioning wheels, and other similar repair
needs for Contractor -provided Carts and forward written or electronic repair notices that day to the
Contractor's service personnel. Cart repairs shall then be made within seven days at the Contractor's
expense. Any Cart that is damaged or missing on account of an accident, act of nature or the elements, fire,
or theft or vandalism by a third party shall be replaced not later than three business days after notice from
the Customer or City.
In the event that a particular Customer repeatedly damages a Cart or requests more than one replacement
Cart more frequently than a time period allowing for reasonable wear and tear during the term of the
Contract or due to negligence or misuse, the Contractor may charge the Customer for the depreciated value
of the Cart, based on 10 -year straight -Line depreciation, and shall forward in writing the Customer's name
and address to the City with a full explanation of incident(s). In the event that the problem continues, the
Contractor may discontinue service to that Customer, provided the City gives previous written approval
specific to that Customer.
3.1.12.2 Detachable Containers and Drop -box Containers
The Contractor shall furnish and install appropriately sized Detachable Containers for Recyclables at
subscribing Multifamily Complex Recycling sites where Carts are not appropriate, and 10-, 20-, 30-, and
40 -cubic yard un -compacted Drop -box Containers to any Customer who requires their use for storage and
collection of Garbage within three days of the Customer's request. Containers shall be located on the
premises in a manner satisfactory to the Customer and for collection by the Contractor and shall indicate
the Container size and day of collection.
The Contractor shall charge rent for temporary and permanent. Drop -box Container service in accordance
with the rates listed in. Attachment B. The Contractor may not charge Customers any other fees, charges,
rates, or any expenses in connection with Drop -box Container service other than those Multifamily
Complex Recycling fees and/or rental rates listed in Attachment B.
Detachable Containers shall be watertight and equipped with tight -fitting metal or plastic covers; have four
wheels for Containers 3 -cubic yards and under unless otherwise requested by a Customer; be in good
condition for Recyclables storage and handling; be safe for the intended use; and, have no leaks, jagged
edges, or holes. Drop -box Containers shall be all -metal, and if requested by a Customer, equipped with a
tight -fitting screened or solid cover operated by a winch in good repair. if non -lidded Drop -boxes are used
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by the Contractor, the Contractor shall equip its vehicles with tarping systems to ensure that materials are
not spilled during transport.
Detachable Containers shall be cleaned, reconditioned, and repainted (if necessary) before being supplied
to a Customer who has not used it earlier. The Contractor shall provide an On-call Container cleaning
service to Customers. The costs of On-call cleaning shall be billed directly to the Customer in accordance
with Attachment B.
As between the Contractor and the City, all Containers on Customers' premises arc at the Contractor's risk
and not the City's. The Contractor shall repair or replace within one business day any Container that was
supplied by or taken over by the Contractor and was in use if the City, local health department inspector,
or other agent having safety or health jurisdiction determines that the Container fails to comply with
reasonable standards or constitutes a health or safety hazard.
3.1.12.3 Ownership
All Contractor -owned Containers used by the Contractor to provide Contract collection services, shall
remain the sole property of the Contractor during and upon the termination of this Contract.
3.1.12.4 Container Colors and Labeling
Contractor -provided Containers used for the collection of Multifamily Complex Rccyclables, shall be blue;
provided that any existing Multifamily Complex Recycling Containers that are colors other than blue shall
not be required to be changed until they are replaced due to the end of their useful life, at which time the
new Container shall be blue. Contractor -provided Containers used for the collection of Garbage shall be
blue, unless otherwise approved by the City. Specific Container colors shall be approved in writing by the
City prior to the Contractor's order of new Containers.
All Contractor -provided Containers to be used for Garbage collection shall have materials preparation
instructions and telephone/contact information, including both a customer service phone number and a
website address, either screened or printed on a sticker, all subject to the prior written approval of the City.
All Containers to be used for Garbage shall have labeling affixed that states: "Leaky dumpster? Damaged
Lid?" and provides a phone number to call for repair or replacement. Information shall be printed in a size
that is easily read by the users, on durable UV -resistant label stock squarely affixed to each Container. All
labels shall be approved in writing by the City prior to ordering by the Contractor. Individual Containers
with faded or damaged paint shall be repainted upon City or Customer request.
Contractor -provided Containers used for the collection of Recyclables from subscribing Multifamily
Complex Recycling Customers utilizing Drop -box Container Garbage Collection shall be relabeled by the
Contractor once every five years or upon Customer or the City's request for any particular Container. The
City may waive the five-year mandatory relabeling requirement, at its sole option, for Containers with
particularly long-lasting stickers. Labels and molded or screened information on all other Containers shall
be replaced by the Contractor when faded, damaged, or upon City or Customer request.
For Contractor -provided Containers, the Contractor shall within three days cover graffiti with paint that
closely matches the Containers existing paint or color, when notified by the City or Customer. The
Contractor may choose to replace Containers and perform maintenance at its own site or provide the over -
painting at the Customer's site, but shall not charge the City or Customer for this service.
3.1.12.5 Container Weights
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No specific weight restrictions are provided for Containers; however, the Contractor shall not be required
to lift or remove materials from a Container exceeding the safe working capacity of the collection vehicle.
The combined weight of Drop -Box and contents shall not cause the collection vehicle to exceed legal road
weight limits.
3.1.12.6 Container Removal Upon City or Customer Request
The Contractor shall remove all Containers upon three days of specific Customer, property manager,
property owner, or City request or cancellation by the Contractor. The contents of Containers removed after
a Customer's final pick-up shall be managed as if they were collected as a regular pick-up (e.g. Garbage
shall be disposed of and Recyclables shall be recycled) at the Contractor's, not Customers cost. Failure to
remove Containers within the specified timeline shall be subject to the same performance fees as delayed
Container delivery for that Customer sector.
3.1.12.7 Container Placement
The Contractor shall provide Container placement direction to Customers to minimize the blocking of
sidewalks in such a way that might hinder or block pedestrians. The Contractor shall return Containers to
the same location once emptied.
The Contractor shall collect from areas mutually agreed upon by the Contractor and. Customer with the least
slope and best vehicle access possible. For Customers that must stage their Containers on Public Streets or
on significantly sloped hills, the Contractor shall make a good faith effort to work with the Customer to
ensure that the Containers are not left unattended in problematic staging areas and are sufficiently restrained
such that the Container may not roll and cause harm to persons or property. The Contractor may require the
Customer to attend to the Containers immediately prior to and after collection. Any disputes arising between
the Contractor and the Customer as to what constitutes a "significantly sloped hill" or a "safety hazard"
shall be submitted in writing to the City, and the City's decision shall be final. The Contractor's crews shall
make collections in an orderly and quiet manner, and shall return Containers after emptying to the same
location as found, with their lids closed.
3.1.13 Inventory of Equipment, Vehicles, Facilities and Containers
The Contractor shall provide to the City, on the Date of Commencement of Service of this Contract, a
complete inventory of the vehicles and facilities to be used in the performance of this Contract. The
inventory shall include each vehicle (including chassis model year, type, capacity, model, and vehicle
identification number) and each facility to be used in performance of this Contract (including address and
purpose of the facility. The Contractor may change vehicles and facilities from time to time, and shall
include the revised inventory in the annual report provided for in Section 3.3.4.1. The Contractor shall
maintain vehicles and facilities levels during the performance of this Contract at least equal to those levels
described in the initial inventory.
3.1.14 Spillage
All loads collected by the Contractor shall be completely contained in collection vehicles at all times, except
when material is actually being loaded. Hoppers on all collection vehicles shall be cleared frequently to
prevent the occurrence of blowing, leakage, or spillage.
Any leakage or spillage of materials that occurs during collection shall be immediately cleaned up or
removed by the Contractor at its sole expense. The Contractor shall document the leakage or spillage,
including taking pictures before and after clean-up or removal, and shall provide this documentation to the
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City. Leakage or spillage not immediately cleaned up or removed by the Contractor shall be cause for
performance fees, as described in Section 5.1. Should a leakage or spillage occur during collection,
Contractor shall notify the City immediately by calling the City's Senior Engineer and, likewise, expressly
acknowledges it is solely responsible for any local, state, or federal violations, which may result from said
leakage or spillage.
Any Contractor -supplied Container observed by the Contractor, Customer or City to be leaking shall be
replaced by the Contractor within one business day of the Contractor's observation, Customer request or
notification from the City. In the event that leakage from Customer -owned Containers or Containers leased
from third parties is observed by the Contractor, the Contractor shall immediately inform the City and
Customer of the leakage.
3.1.15 Disruption Due to Construction
The City reserves the right to construct any improvement or to permit any such construction in any street
or alley in such manner as the City may direct, which may have the effect for a time of preventing the
Contractor from traveling the accustomed route or routes for collection. The Contractor shall, however, by
the most expedient manner, continue to collect Garbage and Recyclables to the same extent as though no
interference existed upon the streets or alleys normally traversed. This shall be done at no extra expense to
the City or the Contractor's Customers. In the event of complete blockage, making any collection area(s)
completely inaccessible, the Contractor may request City permission to collect double loads the following
week and failure to make collection shall not constitute a missed collection pursuant to Section 3.1.10.
3.1.16 Contractor Planning and Performance Under Labor Disruption
If the Contractor's employees are covered by an organized labor agreement, then no later than 90 days prior
to the expiration of any labor agreement associated with services performed under this Contract, the
Contractor shall provide the City with its planned response to labor actions that could compromise the
Contractor's performance under this Contract. The Contractor -prepared Strike Contingency Plan shall
address in detail:
1. The Contractor's specific staffing plan to cover Contract services, including identification of staff
resources moved from out -of -area operations and the use of local management staff to provide
basic services. The staffing plan shall be sufficient to provide recovery of full operations within
one week following the initiation of the disruption.
2. Contingency training plans to ensure that replacement and management staff who are operating
routes are able to continue to collect route data and follow collection and material delivery
procedures for all material streams collected from Customers.
3. A recovery plan to address how materials will be collected in the event of a short -notice disruption
that does not allow the Contractor to collect all materials on their regular schedule (e.g. a wildcat
strike) within one week following the initiation of the disruption.
The Contractor shall keep the City informed of the status of active labor negotiations on a daily basis. In
the event that labor disruptions of any kind cause reductions in service delivery, the Contractor shall inform
the City within four hours by phone and e-mail of the nature and scope of the disruption, as well as the
Contractor's immediate plans to activate any part of or its entire Strike Contingency Plan. At the close of
each service day during a labor disruption, the Contractor shall report to the City via e-mail the areas (per
a detailed map) and customer counts of served and un -served customers by material stream and service
sector.
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In the event that a disruption lasts more than one week and Contractor cannot provide service to affected
Customers, Customers may seek service from other haulers. Contractor shall be entitled to collect payment
only for such services as it has actually provided.
The City and Contractor agree that the following special City compensation and performance fees reflect
the best estimate of the impacts of the labor disruption to Customers and the City. The Contractor shall pay
the City monthly by the tenth day of the following month:.
1. An amount equal to the Administrative Fee reduction due to the Customer credits for reduction in
service so that the City does not experience any Administrative Fee revenue loss due to those
Customer credits.
2. An additional City cost reimbursement amount of $500 for each day of labor disruption to
reimburse City staffing and other costs for managing the impacts of the labor disruption;
3. A performance fee of $1,000 per day for each day of labor disruption from the 1'` day to the 71h day
of the labor disruption;
4. A performance fee of $2,000 per day for each day of Labor Disruption from the 8th day to 14'h day
of the labor disruption; and
5. A performance fee of $5,000 per day for each day of Labor Disruption for every day beyond the
14th day of labor disruption.
The performance fees listed as 3 through 5, above, are intended to apply to any complete work stoppage
where alternative, but substantially equivalent service by non -striking employees or otherwise, is not
provided by the Contractor. In the event substantially equivalent service is provided by the Contractor
through the employment of non -striking employees or otherwise at any point during the course of the labor
disruption, the Contractor is entitled to reduce the amount of the daily performance fees that otherwise
would be due on a pro -rata basis, based on the percentage of Customers receiving substantially equivalent
service on that day. Given the nature of the failure arising from labor disruptions, the Contractor shall not
be allowed any cure period opportunity or rectification process.
The Contractor's failure to comply with the Contractor -prepared Strike Contingency Plan of this section, if
required, shall be subject to a special fee of $1,000 per day for its non-compliance during the labor
disruption event. This special fee is separate compensation to the City for the Contractor's failure to plan
and execute the provisions of this section. The special fee shall be paid to the City within 30 days of the
Contractor's receipt of the City invoice.
Fees paid by the Contractor under the terns of this Section 3.1.16 are not regular performance fees for the
purposes of Section 5, and shall not be counted in the cumulative performance fee default threshold
referenced in Section 5.2. The City may elect to waive or receive the equivalent value of additional services,
as negotiated, in lieu of the specific performance fees itemized in this section.
3.1.17 Site Planning and Building Design Review
The Contractor shall, upon request and without additional cost, make available assistance with site planning
and building design review to either the City and/or property owners/managers. The assistance shall be
available for all new construction or remodeling of buildings and structures within the City Service Area.
Contractor planning assistance for optimizing loading docks and other areas shall also be available for
existing building owners/managers when realigning Garbage and, as may be appropriate, Recyclables
services. All assistance shall be provided by the Contractor in a timely manner so as to not delay the
planning and review process.
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Assistance shall include, but not be limited to reviewing and providing comments on building designs and
site plans to ensure that those designs and plans incorporate:
• Garbage and as may be appropriate, Recyclables removal areas and their location upon the site of
the proposed construction or remodeling project;
• adequate floor and vertical space for the storage and collection of Containers for all materials;
• adequate access for vehicles to collect and empty Containers, including overhead clearance,
turning radius, and access that does not require backing across sidewalks or violating any City
code;
• avoidance of surface water drains and ditches when considering Container locations and
developing strategies for containment of any potential leaks; and,
• strategies to reduce interior and exterior noise and emissions.
All communications regarding this process shall be conducted electronically via email unless otherwise
agreed to in writing by the Parties.
3.1.18 Safeguarding Public and Private Facilities
The Contractor shall be obligated to protect all public and private improvements, facilities, and utilities
whether located on public or private property, including street curbs. If such improvements, facilities,
utilities, or curbs are damaged by reason of the Contractor's operations, the Contractor shall notify the City
immediately in writing of all damage, and the Contractor shall repair or replace the same or pay the City
for repairs. If the damage creates a public safety issue that requires an immediate response, the Contractor
shall, along with notifying the City immediately in writing, call the City's Senior Engineer to inform then
of such matter. If the Contractor fails to do so promptly, as determined by the City, the City shall cause
repairs or replacement to be made, and the cost, including overhead and administrative costs, of doing so
shall be paid by the Contractor or deducted from amounts owed the Contractor under the Contract. The City
shall not be liable for any damage to property or person caused by the actions of the Contractor, and the
Contractor shall indemnify and hold the City harmless for any such damage or legal implications from said
actions pursuant to Section 7.5.
3.1.19 Transition and Implementation of Contract
The Contractor shall develop, with the City's input and prior written approval, and submit to the City no
Iater than 90 days after the Date of Execution of this Contract, a Transition and Implementation Plan for
introducing the new and revised services to the different Customer sectors (i.e., Multifamily Complex and
Commercial Customers), and detailing a specific timeline as to when different activities and events will
occur, including details of Container delivery, how different events impact other events in the timeline and
the process to be used to ensure that implementation occurs with no disruption. The Transition and
Implementation Plan shall include details to update Contractor's website, information regarding new
services, educational materials regarding Recycling, and other information or materials the Contractor
desires to produce and provide to Customers. All materials, information, and education provided as part of
the Transition and Implementation Plan shall be designed, developed, and delivered by the Contractor, at
the Contractor's cost, and with prior written approval by the City. The City shall be provided a minimum
of two weeks to review any materials, information, or education included in the Contractor's Transition and
Implementation Plan. The City shall not be responsible or liable for payment of any costs associated with
design, development, or delivery of any materials, information, or education as part of the Contractor's
Transition and Implementation Plan.
3.1.20 Performance Review
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The Cite znay, at its option, conduct a review of the Contractor's performance under this Contract. If
conducted, the performance review shall include, but is not limited, to a review of the Contractor's
performance relative to requirements and standards established in this Contract. The Contractor agrees to
fully cooperate with the performance review and work with City staff and consultants to ensure a timely
and complete review process.
The results of the performance review shall be presented to the Contractor within 30 days of completion.
Should the City determine that the Contractor fails to meet the Contract performance requirements and
standards, the City shall give the Contractor written notice of all deficiencies. The Contractor shall have 60
days from its receipt of notice to correct deficiencies to the City's satisfaction. If the Contractor fails to
correct deficiencies within 60 days, the City may allow the Contractor additional time to comply, accept
other remedies for the service failure or proceed with the contract default process pursuant to Section 5.2
of this Contract, at the City's sole option.
The costs of the development and implementation of any action plan required under this Section 3.1.20 or
Section 5.1 shall be paid for solely by the Contractor, and the costs of developing or implementing such
action plan may not be passed on to Customers or the City, or included in rates or fess charged Customers.
3.1.21 Continual Monitoring and Evaluation of Operations
The Contractor's supervisory and management staff shall be available to meet with the City at either the
Contractor's office or City offices, at the City's option, on an every -other -weekly basis during the first six
months of the contract and monthly throughout the term of the Contract to discuss operational and Contract
issues, or such other time periods as may be agreed to by the Parties in writing.
The Contractor shall continually monitor and evaluate all operations to ensure that compliance with the
provisions of this Contract is maintained.
The City may periodically monitor collection system parameters such as participation, Container condition,
contents weights, and waste composition. The Contractor shall assist and fully cooperate with the City by
coordinating the Contractor's operations with the City's periodic monitoring to minimize inconvenience to
Customers, the City, and the Contractor. The Contractor also shall provide full access to equipment,
processing facilities, route and Customer service data, safety records, and other applicable information. The
City's review of Contractor activities and records shall occur during normal Office Hours and shall be
supervised by the Contractor's staff.
3.1.22 Collection/Disposal Restrictions
Except for C&D Waste, all Garbage collected under this Contract shall be delivered to the City Disposal
System, unless otherwise directed in writing by the City. Unauthorized disposal of Garbage, other than
C&D Waste, Recyclables, and Compostables, outside of the City Disposal System shall be grounds for
Contract default pursuant to Section 5.2 of this Contract.
The Contractor shall not knowingly or as a result of gross negligence collect or dispose of Excluded
Materials or other hazardous materials that are either restricted from disposal or would pose a danger to
collection crews. If materials are rejected for this reason, the Contractor shall leave a written notice with
the rejected materials listing why they were not collected and providing the Customer with a contact for
further information about proper disposal options for such materials.
Title to and liability for any Excluded Materials, or for other hazardous materials or substances that are
either restricted from disposal or would pose a danger to collection crews (including but not limited to any
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household Hazardous Waste and small quantity generator Hazardous Waste, special waste, and radioactive
material) or the environment and that are included with any materials collected under this Contract by
Contractor despite the Citv's and Contractor's attempts to prevent the inclusion of such materials shall not
pass to Contractor, but shall remain with the party from whom such Excluded Materials or any such other
materials or substances is received.
3.1.23 Emergency Response
The Contractor shall provide the City with the use of the Contractor's labor and equipment for assistance
in the event of a City disaster or emergency declaration. Contractor services shall be provided immediately
upon City directions and paid at the Contract rates in Attachment B, provided that the City requests no more
than an additional 10 drop -box hauls per weekday for a period not to exceed three weeks. If the City
requires additional service to address a disaster or emergency event, the City shall negotiate with the
Contractor or otherwise obtain the required additional services.
The Contractor shall keep full and complete records and documentation of all costs incurred in connection
with disaster or emergency response, and include such information in the annual reports required under
Section 3.3.4. The Contractor shall maintain such records and documentation in accordance with the City's
prior written approval and any standards established by the Federal Emergency Management Agency, and
at the City's request, shall assist the City in developing any reports or applications necessar, to seek federal
assistance during or after a federally -declared disaster.
3.2 Collection Services
3.2.1 Multifamily Complex Recyclables Collection
Recycling shall be available to Multifamily Complex Customers utilizing Drop -box Container for Garbage
Service at the Multifamily Complex Recycling rate surcharge provided in Attachment B in addition to their
basic Garbage charges, based on the size of the Customer's Garbage Container.
3.2.1.1 Subject Materials
All Recyclables listed in Attachment C for Multifamily Complex Customers, shall be collected from
subscribers, without limit.
3.2.1.2 Containers
The Contractor shall provide Recycling Containers at no additional charge to all Multifamily Complex
Customers subscribing to Multifamily Complex Recycling service.
The Contractor shall recommend appropriate Container sizes through its site visit and evaluation process.
The Contractor shall encourage the use of Detachable Containers instead of multiple Carts at locations
where more than one cubic yard of Recycling capacity is provided, unless space or other constraints favor
the use of Carts. Containers used for the collection of Recyclables shall be delivered by the Contractor to
requesting Customers within three days of the Customer's initial request.
3.2.1.3 Specific Collection Requirements
If Recycling is requested, Multifamily Complex recycling collection shall occur at least weekly or more
frequently if space constraints preclude providing sufficient weekly capacity. Collections shall be made on
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a regular schedule on the same day(s) of the week and as close to a consistent time as possible to minimize
Customer and tenant confusion.
The Contractor and City shall jointly develop a protocol to address Multifamily Complex recycling
contamination issues. The protocol shall address thresholds for when contamination levels trigger
Customer contact, when to put a Customer on "probation" for possible discontinued collection, when to
suspend collection service and remove the subject Container, and finally, procedures for allow a Customer
to resume service after it has been suspended due to contamination. The Contractor shall implement the
protocol consistently for all Customers and shall notify the City via e-mail of any Customer being handled
under the protocol.
3.2.2 Drop -Box Container Garbage Collection
3.2.2.1 Subject Materials
The Contractor shall provide Drop -Box Container Garbage collection services to Customers, in accordance
with the service level selected by the Customer and the service rates set forth in Attachment B.
3.2.2.2 Containers
The Contractor shall offer rental ofnon-compacted Drop -box Containers at the rates listed in Attachment
B. Both Customer -owned and Contractor -owned Drop -box Containers used for compacting services shall
be serviced.
The Contractor shall maintain a sufficient Drop -box Container inventory to provide delivery of empty
Containers by the Contractor to new and temporary Customers within three business days after the
Customer's initial request.
3.2.2.3 Specific Collection Requirements
The Contractor shall provide dispatch service and equipment capability of delivering empty and collecting
full Drop -box Containers on the same business day if the Customer's initial request is received by the call
center before or at noon, and no later than the next business day if the Customer's initial call is received by
the call center after noon. At the Customer's request and if operationally necessary and not otherwise
restricted due to space or other constraints, the Contractor shall deliver an empty Drop -box Container to
the Customer at the time of collecting the full Drop -box Container.
3.2.3 Temporary (Non -Event) Container Customers
The Contractor shall maintain a sufficient Drop -box Container inventory to provide delivery of empty
Containers by the Contractor to temporary Customers within three business days after the Customer's initial
request. The charges for all temporary Containers shall be included in Attachment B. No additional fees
other than those included in Attachment B may be charged. Temporary Garbage services shall not exceed
90 days in duration. Customers requiring service for more than 90 days shall subscribe for Drop Box
Garbage service.
3.2.4 Excluded Services
This Contract does not include the collection or disposal of Excluded Materials. Collection of Garbage and
Recyclables in any manner and by any Container type other than as specified herein are excluded from the
Contract and are contracted for separately by the City.
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3.3 COLLECTION SUPPORT AND MANAGEMENT
3.3.1 General Customer Service
The Contractor shall be responsible for providing all Customer service functions, including, but not limited
to:
• Answering Customer telephone calls and e-mail requests;
• Informing Customers of current, new, and optional services and charges;
• Handling Customer service requests, subscriptions and cancellations;
• Receiving and resolving Customer complaints;
• Dispatching Containers;
• Billing; and,
• Maintaining and updating regularly as necessary a user-friendly internet website.
These functions shall be provided at the Contractor's sole cost, with such costs included in the Customer
charges set forth in Attachment B.
3.3.2 Specific Customer Service Requirements
The Contractor shall maintain a Spokane Valley -specific local or toll free telephone number with sufficient
physical capacity to meet Section 3.3.2.4 performance requirements. The holiday collection schedule
described in Section 3.1.6 shall also apply to Customer service coverage. Customer service representatives
shall be available through the Contractor's call center during Office Hours for communication with the
public and City representatives. Customer calls shall be taken during Office Hours by a person, not by voice
mail. During all non -Office Hours for the call center, the Contractor shall have an answering or voice mail
service available to record messages from all incoming telephone calls.
3.3.2.1 Customer Service Representative Staffing
During Office Hours, the Contractor shall maintain sufficient staffing to provide timely response to
complaints and service requests, consistent with required Contract response times for Customer
communications. During office hours, Customers shall not be required to navigate automated telephone
answering option branches in order to speak with a Customer service representative, but shall be routed
directly to a Customer service representative. If incoming telephone calls necessitate, the Contractor shall
increase staffing levels as necessary to meet Customer service demands. The Contractor shall work towards
providing and publicizing a telephone number capable of handling service related text messages.
The Contractor shall maintain sufficient staffing to answer and handle complaints and service requests in a
timely manner made by methods other than telephone, including letters, e-mails, text messages or webpage
messages. If staffing is deemed to be insufficient by the City to handle Customer complaints and service
requests in a timely manner, the Contractor shall increase staffing levels to meet performance criteria.
33.2.2 City Customer Service
The Contractor shall maintain staff that has management level authority to provide a point of contact for
the majority of City inquiries, requests, and coordination covering the full range of Contractor activities
related to this Contract. Duties include, but are not limited to:
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• Assisting City staff with promotion and outreach to Customers;
• Serving as an ombudsperson, providing quick resolution of Customer issues, complaints, and
inquiries; and,
• Assisting the City with program development and design, research, response to inquiries, and
troubleshooting issues.
The Contractor shall maintain a representative or answering service to contact such representative, available
at an emergency telephone number and email for use by the City in the event of an emergency during all
hours. The City shall not use the emergency contact after normal office hours for normal customer service
issues.
3.3.2.3 Service Recipient Complaints and Requests
The Contractor shall rccord all complaints and service requests, regardless of how received, including date,
time, Customer's name and address, if the Customer is willing to give this information, method of
transmittal, and nature, date and manner of resolution of the complaint or service request in a computerized
daily log. Any telephone calls received via the Contractor's non -office hours voice mail or answering
service shall be recorded in the log the following business day. The Contractor shall make a conscientious
effort to resolve all complaints within one business day of the original phone call, letter, or interne
communication, and service requests within the times established throughout this Contract for various
service requests. If a longer response time is necessary for complaints or requests, the reason for the delay
shall be noted in the log, along with a description of the Contractor's efforts to resolve the complaint or
request.
The Customer service log shall be available for inspection by the City, or its designated representatives,
during the Contractor's Office Hours, and shall be in a format approved by the City. The Contractor shall
provide a copy of this log in an electronic format from the Microsoft Office suite of software to the City
with the annual report.
33.2.4 Handling of Customer Calls
All incoming telephone calls shall be answered promptly and courteously, with an average speed of human
answer of less than 30 seconds. No telephone calls shall be placed on hold for more than one minute, and
on a monthly basis, no more than 10% of incoming telephone calls shall be placed on hold for more than
30 seconds. The Contractor is encouraged to provide a "call-back" function to handle high call volumes.
A Customer shall be able to talk directly with a Customer service representative when calling the
Contractor's Customer service telephone number during Office Hours without navigating an automated
phone answering system. An automated voice mail service or phone answering system may be used when
the office — both the Customer Service Office and the Customer Service Center — is closed.
A Customer calling into the Customer service phone lines and placed on hold shall hear only messages that
are applicable to Spokane Valley and not misleading to City Customers.
3.3.2.5 Corrective Measures
Upon the receipt of Customer complaints in regard to busy signals or excessive delays in answering the
telephone, the City may request the Contractor submit a plan to the City to correct the problem. Once the
City has approved the plan, the Contractor shall have sixty (60) days to implement the corrective measures,
except during the transition and implementation period from one (1) month prior to the Date of
Commencement of Service, through the end of the fourth month after the Date of Commencement of
Service, during which the Contractor shall have one (1) week to implement corrective measures.
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Reasonable corrective measures shall be implemented without additional compensation to the Contractor.
Failure to provide corrective measures shall result in possible performance fees for the Contractor.
33.2.6 Contractor Internet Website
The Contractor shall provide a searchable user-friendly Internet website containing information specific to
the Contractor's collection programs, material preparation requirements, available services and options,
rates and fees, inclement weather service changes, and other relevant service information for its Customers.
The website shall include an e-mail function for Customer communication with the Contractor, and the
ability for Customers to submit service requests and manage their services on-line. Emailed Customer
service requests shall be answered within one business day of receipt. The website shall offer Customers
the option to receive and pay their service bills on-line through a secured bill payment system that enables
Customers to make one-time or ongoing payments via credit card or checking/savings account at no extra
charge.
The website design shall be usability tested and then submitted for City approval a minimum of three
months prior to the Date of Commencement of Service of this Contract, and then changes shall be subject
to the City's prior approval throughout the term of this Contract. The website shall be functional for regular
computers, tablets, and smart -phones or other similar mobile devices. Changes requested by the City shall
be uploaded to the wcbsitc within 48 hours of the time of the request. Changes requested by the City that
are related to an emergency or time -sensitive situation (such as an inclement weather event, windstorm, or
event preventing access to a Customer's regular place of container set -out) shall be uploaded to the website
within four hours of the time of request.
The Contractor shall review the website monthly, update as needed, and send emails of the updates to the
City. Appropriate links shall be provided to the Citi 's website and the Contractor shall check monthly that
all links (including both City and non -City) links are current. Upon City request, the Contractor shall
provide a website utilization report indicating the usage of various website pages and email option.
3.3.2.7 Full Knowledge of Garbage and Recyclables Programs Required
The Contractor's Customer service representatives shall be fully knowledgeable of all collection services
in Spokane Valley available to Customers under this Contract. For new Customers, Customer service
representatives shall explain all Garbage and Recyclables (for Multifamily Complex Customers), and
collection options available and specific to the service sector the Customer requires. For existing
Customers, the representatives shall explain new services and options, and resolve recycling issues (for
Multifamily Complex Customers), collection concerns, missed pickups, Container deliveries, and other
Customer concerns. Customer service representatives shall be trained to inform Customers of Recyclables
preparation specifications. City policy questions shall be immediately forwarded to the City for response.
The Contractor's Customer service representatives shall have immediate electronic access to Customer
service data and history. The Contractor shall provide the City with internal customer service representative
training and support information specific to the City to allow the City to review and check information
provided to customer service representatives and, in turn, provided to City Customers. Any revisions to
these materials shall be approved in writing (via e-mail) by the City prior to being used by customer service
representati ves.
Upon City request, the Contractor shall also provide the City with up to two phantom billing accounts
representing various sectors to facilitate City monitoring of Customer communications and billing
protocols. These phantom accounts shall be established in conjunction with the City, shall be accessible to
the City, and managed as if the City were a normal Customer using these accounts.
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Sunshine Recyclers Inc.
3.3.2.8 Customer Communications
The City and Contractor recognize that Customer preferences for their method of communication may
change during the term of this Contract and agree to adjust customer service expectations to match
Customer preferences. For example, if call traffic to the Contractor's telephone -based call center reduces
over time and is supplanted by an increase in texting, the Contractor shall shift staff resources accordingly
to ensure high levels of customer service. The City and Contractor agree to review Contract requirements
periodically and negotiate in good faith any desired improv ements to the Contract service standards related
to customer service delivery.
33.3 Customer Billing Responsibilities
The Contractor shall be responsible for all billing functions related to the collection services required under
this Contract. All Customers shall be billed monthly. In no case shall a Customer's invoice be past due
prior to the receipt of all services covered by the billing period. The Contractor's billing cycle parameters
include, but are not limited to the service period, invoice date, due date, late fee date, reminder date(s),
Container removal and stop -service date. The City reserves the right to review and provide feedback on the
bill template used by the Contractor as to format and design to ensure Customer satisfaction. The Contractor
shall evaluate and may incorporate the City's recommendations in good faith. Billing and accounting costs
associated with Customer invoicing, including credit card fees, shall be borne by the Contractor, and are
included in the service fees in Attachment B. The Contractor may bill to Customers late payments and
"non -sufficient funds" check charges, as well as the costs of bad debt collection, under policies and amounts
that have been previously approved in writing by the City.
The Contractor shall offer paperless billing, including an autopaylelectronic notification function that
allows Customer to set up autopay and receive an e-mail or text notification of the amount and draw date
of the payment, without requiring the Customer to navigate to the Contractor's website to obtain that
information.
The Contractor shall be responsible for the following:
• Generating Garbage and Recyclables (if applicable) billing for all Customers;
• Generating bills printed double -sided;
• Generating bills that include at a minimum a statement indicating the Customer's current service
level, current charges and payments, appropriate taxes and fees, Customer service contact
information and website information;
Generating bills that clearly state the date at which late fees will be assessed for non-payment;
• Generating bills that have sufficient space on the front of the bill for educational or informational
messaging, as directed by the City;
• Accepting automatic ongoing payments from Customers via debit or credit card, checking or
savings account withdrawal, or by wire transfer. No transaction fees may be levied on any Customer
payments;
• Accepting, processing, and posting payment data each business day as applicable;
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• Accepting bill inserts for specific Customer sectors;
• Maintaining a system to monitor Customer subscription levels and charge for additional services
requested and delivered. This system shall maintain a Customer's historical account data for a
period of not less than six (6) years from the end of the fiscal year in accordance with the City's
record retention policy, and in a manner that is instantaneously accessible to Customer service
representatives needing to refer to Customer service data and history;
• Accepting and responding to Customer requests for service level changes, missed or inadequate
collection services, and additional services;
• Collecting unpaid charges from Customers for collection services; and
• Implementing rate changes as specified in Section 4.3.
The Contractor shall be required to have procedures in place to backup and minimize the potential for the
loss or damage of the account servicing (e.g., Customer service, service levels, and billing history) database.
The Contractor shall ensure that at a minimum a daily backup of the account servicing database is made
and stored off-site. The Contractor shall also provide the City with a copy of the account servicing database
(excluding Customer financial information such as credit card or bank account numbers) sorted by
Customer sector via e-mail, FTP site or electronic media upon request. The City shall have unlimited rights
to use such account servicing database to manage its solid waste program, including, but not limited to,
developing targeted educational and outreach programs, analyzing service level shifts or rate impacts,
and/or providing information to successor contractors.
Upon seven (7) days written notice, the Contractor shall provide the City with a paper and/or electronic
copy at the City's discretion of the requested Customer information and history, including but not limited
to Customer names, service and mailing addresses, contact information, service levels, and current account
status.
The City may, at its option, transition to a billing agent relationship with the Contractor where the
Contractor shall bill City -specified rates to Customers for all services under this Contract on the City s
behalf and then receive, post and remit all funds to a City -specified account. The City shall then manage
the receipts and pay the Contractor Contract rates, including or excluding the disposal cost component
depending on whether the City elects to pay Garbage disposal fees directly to City's Disposal System. In
the event that the City elects to shift to a billing agent relationship, the City and Contractor agree to negotiate
the terms of transition, direct payment of disposal fees to the City's Disposal System, inclusion of additional
billed utilities and other items in good faith, provided that the Contractor's underlying compensation for
Contract services, other than the disposal component, shall remain substantially the same.
3.3.4 Reporting
The Contractor shall provide annual and ad hoc reports to the City. The Contractor report formats may be
specified and reasonably modified from time to time at City request at no cost to the City. In addition, the
Contractor shall allow City staff access to pertinent operations information related to compliance with the
obligations of this Contract, such as vehicle route assignment and maintenance logs, Garbage and/or
Recyclables processing facility certified weight slips, and Customer charges and payments.
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3.3.4.1 Annual Reports
On an annual basis, by January 30th, the Contractor shall provide a report containing the following
information for the previous year:
1. A billing summary that provides the number of Customers billed at each service level (e.g. by
container size, extra services) for each service sector (e.g., Multifamily Complex, Commercial
Customers and Temporary Customer hauls by Container size), the total number of Customers for
each type of service by sector, Customer receipts by each service level, and total billings.
2. A log of all Customer complaints, including Customer name, property name and address, date
of contact or site visit, reason for site visit, results of Customer request, complaint, inquiry and/or
site visit, Container sizes for various materials (e.g., Garbage or Recycling), frequency of collection
for various materials before site visit and resulting changes after site visit, additional follow-up
needed, follow-up conducted, results of follow-up, and materials provided.
3. A summary of total Garbage and Recyclables quantities collected (in tons) for each collection
sector. The summary shall include the names of facilities used for all materials and tonnage
delivered to each facility.
4. A description of any vehicle accidents, infractions, leaks or spills.
5. A discussion of promotion, education, and outreach efforts, and accomplishments for each sector
and plans for the coming year.
6. An inventory of current collection vehicles and other major equipment, including model, year,.
make, serial or VIN number, assigned vehicle number, mileage (if vehicle), collection sector
assigned to or used in, and maintenance history, including vehicle painting.
7. A list of Multifamily Complexes for which the Contractor is currently providing Garbage service
and which are eligible for Recycling collection service, but not receiving service, with the results
of required contacts made during the year to promote the Recycling service to those complexes,
including the reason why the Multifamily Complex is not receiving Recycling service.
8. Upon at least 30 days' written notice from the City (e.g., prior to December 1), a summary of
Recyclables market prices. Upon written request, the City may require that the summary of
Recyclables also include contamination levels and processing residues disposed as Garbage and a
description of the methodology used to determine contamination or residual levels (e.g. sample
loads from an individual route truck, aggregate samples from all loads delivered to a facility, etc.).
If Recycling collection vehicles are used to service more than one jurisdiction, the Contractor shall develop
an apportioning methodology that allows the accurate calculation and reporting of collection volumes and
quantities from the different jurisdictions. The apportioning methodology shall be subject to the prior
review and written approval of the City, and shall be periodically verified through field testing by the
Contractor.
33.4.2 Ad Hoc Reports
The City may require specialized ad-hoc reports from the Contractor at no additional cost to the City,
provided that such reports do not require the Contractor to expend more than 20 staff hours each calendar
year to complete. If ad hoc reporting requires over 20 hours in a particular calendar year, the Contractor
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Sunshine Recyclers Inc.
may charge the City for additional staff time at a rate of $35 per hour, as adjusted annually by the same CPI
modification adjustment as set forth in Section 4.3.1. The Contractor shall inform the City of the cumulative
total of hours expended, supported by a listing of staff names, date of work, work task and hours expended,
upon the completion of each report requested by the City. These reports may include Customer service
database tabulations to identify specific service level or participation patterns or other similar information.
Reports shall be provided in such format and with such software compatibility as reasonably may be
specified by the City.
3.3.4.3 Other Reports
If requested by the City, the Contractor shall provide daily route information for all service sectors and
collection streams for the purpose of evaluating potential collection system changes during the term of the
Contract. Information received by the City shall be subject to existing laws and regulations regarding
disclosure, including the Public Disclosure Act, chapter 42.56 RCW.
3.3.5 Promotion and Education
The Contractor, at its own cost and at the direction and approval of the City, shall have primary
responsibility for developing, designing, executing, and distributing public promotion, education, and
outreach programs. The Contractor shall also provide at its cost annual service-oriented information and
outreach to Customers, distribution of City -developed promotional and educational pieces at the City's
direction, and implementation of on-going recycling promotions, education, and outreach programs at the
direction of the City. All written materials, Customer surveys and other general communications provided
to Customers by the Contractor shall be approved in advance by the City. Each September, the City and
Contractor shall jointly plan the Contractor's specific promotion and education program for the following
year, including adjustments in materials and/or targeted audiences, as consistent with the City's solid waste
management plan.
The Contractor shall contact, at the City's request, the manager or owner of Multifamily Complex sites to
which it provides Drop -box Container service to encourage recycling participation, address concerns, space
or contamination problems, provide outreach to residents, and inform the manager or owner of all available
services and ways to decrease Garbage generation. The Contractor shall coordinate and work cooperatively
with City staff and/or consultants hired to conduct outreach and education, and provide technical assistance.
Any additional promotional, educational, and informational materials provided by the Contractor to
Customers in connection with the Contract shall be designed, developed, printed, and delivered by the
Contractor, at the Contractor's cost, and subject to the Citv's final written approval as to form, content, and
method of delivery. The City shall review and approve all materials and a minimum of a two weeks City
review period shall be provided in all cases by the Contractor to allow sufficient time for City review and
approval.
3.3.6 Transition to Next Contractor
The Contractor shall work with the City and any successive contractor in good faith to ensure minimal
Customer disruption during the transition period from the City's previous contractor to the City's new
Contractor. Container removal and replacement shall be coordinated between the Contractor and a
successive contractor to occur simultaneously in order to minimize Customer inconvenience. The
Contractor shall remove any Containers for all services or any portion of services provided under this
Contract upon sixty (60) days written notice from the City.
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Sunshine Recycicrs Inc.
December, 2017
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The Contractor shall provide a detailed Customer list in an electronic format acceptable to the City,
including Customer name, contact information (i.e., telephone number and e-mail address, if available),
service address, mailing address, collection service levels and frequencies, and Container rental service
levels to the successive contractor within seven (7) days of initial request by the City.
Failure to fully comply with this Section 3.3.6 shall result in the forfeiture of the Contractor's performance
bond, at the City's discretion,
4. COMPENSATION
4.1 Compensation to the Contractor
4.1.1 Rates
The Contractor shall be responsible for billing and collecting funds from Customers in accordance with the
charges for services listed in Attachment B. The Contractor may reduce or waive at its option, but shall not
exceed, the charges listed in Attachment B. These payments shall comprise the entire compensation due to
the Contractor.
In the event that a Customer places Excluded Materials in a Container, and the Contractor collects those
materials inadvertently and incurs extraordinary expenses dealing with those materials, the Contractor may
charge the Customer the actual costs of managing those materials, as approved by the City, which approval
shall not be unreasonably withheld or delayed. Actual costs shall include additional transportation,
handling, and disposal costs incurred by the Contractor for handling only those specific materials traceable
to that. Customer.
The City is not required under this Contract to make any payments to the Contractor for services performed,
or for any other reason, except as specifically described in this Contract, or for services the City obtains as
a Customer.
In the event that the Contractor or a Customer desires Drop -box Container -related services not specifically
addressed in this Contract, the Contractor shall propose service parameters and a rate to the City in writing,
based on the average of surrounding WUTC tariffs if such service is addressed in current tariffs. Upon the
City Managers written approval, the Contractor may provide the requested services. In no case shall the
Contractor provide unauthorized services or charge unauthorized rates. The City Manager may, at his or
her sole discretion, determine whether to bring the proposed services and rates to the City Council for
approval.
4.1.2 Itemization on Invoices
Except as otherwise provided in this Contract, all applicable City, County, and Washington State solid
waste or household hazardous waste taxes or fees, utility taxes, and (if allowed under the last paragraph of
Section 4.1.2) sales taxes shall be itemized separately on Customer invoices and added to the charges listed
in Attachment 8, except that the City Administrative Fees shall be included in Attachment B rates and shall
not be itemized separately on Customer invoices.
All Recyclables Container costs, collection costs, and revenues are included in the Multifamily Complex
Recycling Surcharge subscription rates listed in Attachment B.
Charges for all services listed on Attachment B shall be itemized on the Customer invoices separately by
the Contractor, and may at no time exceed the charges set forth in Attachment B. The City's disposal fee
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as it exists on the date of execution or as thereafter modified shall also be itemized separately on Customer
invoices with charges for Drop -box Container service. The Contractor shall charge Drop -box Customers
the actual disposal cost without mark-up.
The Contractor shall not separately charge sales tax for services that include any Container as part of the
overall service package such as Multifamily Complex Recycling collection. Only Services that separate
and itemize optional container rental (specifically Drop -box Container rental) shall have sales tax charged
and listed on Customer invoices. The Contractor shall pay appropriate sales tax upon purchase of all
equipment and Containers, and those costs are included in the rates provided in Attachment B. In no case
shall Customers be separately charged sales taxes paid by the Contractor on its equipment and Containers.
4i Compensation to the City
At the option of the City and upon 90 days written notice, the Contractor shall pay to the City an.
Administrative Fee on or before the last working day of each month during the remaining term of this
Contract. The Administrative Fee shall be based on the gross receipts received by the Contractor from
Customers under this Contract for the prior month's receipts, excluding Drop -box disposal fees. Calculation
of gross receipts shall not include an Administrative Fee collected from Customers. When providing notice
to begin the Administrative Fee, the City shall set the initial Administrative Fee rate. The Administrative
Fee shall be assessed as a percentage of gross receipts received by the Contractor from those Customers
since the last Administrative Fee payment period, consistent with the administrative fee calculations shown
in Attachment D. The Contractor's obligations to pay the Administrative Fee shall extend past the
termination date of this Contract until the Contractor is no longer receiving payments from Customers for
services provided under this Contract.
The rates included in Attachment 8, as modified during the term of this Contract, include the Administrative
Fee, and Customers shall not be separately charged an itemized Administrative Fee. Attachment D contains
an example of how the Administrative Fee is included in rates, and lists the Contractor's service rate, the
City's share of the retail rate, the State excise tax associated with the Administrative Fee, and the combined
retail rate. Any adjustments to the Administrative Fee rate shall be calculated in a manner consistent with
the example shown in Attachment D.
The Contractor shall fully participate with any City billing audit to confirm the Contractor's Customer
receipts during any accounting period during the term of the Contract. The audit shall be confined to
confirming Customer billing rates, Contractor receipts for services provided under this Contract and bad
debt recovery.
The Administrative Fee may be changed by the City in any year, provided that the change is synchronized
with the annual Contractor rate modification described in Section 3.3. The City shall notify the Contactor
of the new Administrative Fee for the following year by August 1s`, and the Contractor shall itemize and
include the appropriate adjustment in its Rate Adjustment Statement provided September 1' of each year.
In the event that the Administrative Fee is adjusted, either up or down, the Contractor shall add or subtract
an amount equivalent to the state excise tax, as may be adjusted from time to time by the State of
Washington.
In addition, the Contractor shall be responsible for payment of all applicable permits, licenses, fees and
taxes as described in Section 7.10, Permits and Licenses.
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Sunshine Recyclers Inc.
December, 2017
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4.3 Compensation Adjustments
4.3.1 Annual CPI Modification
The Contractor's collection service charges and miscellaneous fees and Contract options contained in
Attachment B, excluding waste disposal fees, for each level of service shall increase or decrease each year
by 90% of the annual 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
12 -month period and multiplying the result by the then applicable service charges and miscellaneous
fees. Such increases or decreases are considered part of this Contract that occur automatically on an annual
basis and shall not require additional City Council approval; provided such increases or decreases are
subject to City review and verification as set forth below for the amount of such increase or decrease.
Adjustments to the Contractor's collection service charge shall be made in units of one cent ($0.01).
Fractions less than one cent ($0.01) shall not be considered when making adjustments.
Rates shall be adjusted annually, beginning December 1, 2018. The Contractor shall submit in writing and
electronic form to the City for review and verification a Rate Adjustment Statement, calculating the new
rates for the next year, on or by September 1" of each year, starting September 1, 2018. The City shall
review and provide comment as to any errors with the calculations, by September 15th of each year. In the
event that the Contractor does not submit a Rate Adjustment Statement by September 151, the City shall.
calculate and unilaterally implement a rate adjustment based on the best available information as of
September 1" of that year for the applicable period, and the Contractor shall lose the right to appeal this
action.
Absent City notification and subsequent remedy of errors, the new rates shall take effect on December 15`
of that year. Contractor shall notify Customers of the impending rate adjustment by October 15th, at least
45 days prior to the new rate going into effect. Should ratepayers not receive notification by October 15`x',
due to missed deadlines by the Contractor, implementation of the new rates shall be delayed by one month
without opportunity for recovery of lost revenue. An example of rate adjustments due to Consumer Price
Index changes is provided in Attachment D.
43.2 Changes in Disposal Processing Sites
If the Contractor is required by the City or other governmental authority to use a Garbage disposal site other
than those being used at the initiation of this Contract, the Contractor shall submit a detailed proposal,
including full disclosure of relevant cost impacts, for the adjustment of the rates to reflect any additional
cost or savings to the Contractor. The Contractor's rates pursuant to this Contract in such a case shall be
adjusted so as to pass through any resulting additional costs incurred by or savings to the Contractor. The
City and Contractor agree to negotiate in good faith and to make any changes to the rates to accomplish a
pass-through of any such costs or savings.
4.3.3 Other Modifications
Except as otherwise expressly provided for by this Contract, Contractor shall not adjust or modify the rates
charged to Customers above the rates set forth in Attachment B due to employee wage increases, changes
in commodity prices for Recyclables, or other changes affecting the collection system.
In the event that unforeseen temporary market failure prevents or precludes compliance with the
requirements of Section 3.1.10, the Contractor may request a temporary adjustment or other relief from the
requirements of that Section 3.1.10. The City may request any and all documentation and data reasonably
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necessary to evaluate such request by the Contractor, and may retain, at its own expense, an independent
third party to audit and review such documentation and such request. if such third party is retained, the
City shall take reasonable steps, consistent with State law, to protect the confidential or proprietary nature
of any data or information supplied by the Contractor.
If an unforeseen market failure persists more than nine months, the Parties agree to engage in good faith
negotiations to determine a mutually acceptable course of action, including but not limited to eliminating
the materials from the list of Recyclables, changing Customer preparation requirements, or any other
mutually -agreeable solution.
The City shall review the Contractor's request within 120 day s of receipt. Upon the City's review of the
Contractor's request, the City shall approve or deny the request, at its sole discretion.
4.33.1 New or Changes in Existing Taxes
If new City, County, Washington. State, or Federal taxes are imposed, or the rates of existing taxes are
changed after the Date of Execution of this Contract, and the impact of these changes results in material
increases or decreases in annual Contractor costs, the Contractor and City shall enter into good faith
negotiations to determine whether compensation adjustments are appropriate and if so, to determine the
amount and the method of adjustment.
In the event that road or bridge tolls are implemented that affect the Contractor's operations under this
Contract, the City and Contractor agree to enter into good faith negotiations to adjust compensation
accordingly.
4.3.3.2 Changes in Service Provision
In the event that either the Contractor or City propose any changes in how Contract services are provided
that materially reduce Contractor costs, the Contractor shall promptly notify the City in writing of such
reduced costs and expected Customer impacts. If the City reasonably believes that the changes will result
in an adverse effect on City Customers, the City may, at its sole option, reject the proposed change.
Otherwise, the Contractor and City shall mutually agree on how to split the savings between the Contractor
and Customer to reflect any potential net decrease in Customer convenience due to the change.
4.4 Change in Law
In the event there are changes in federal. State, or local laws or regulations which result in material increases
or decreases in annual Contractor costs, the Contractor and City shall enter into good faith negotiations to
determine whether compensation adjustments are appropriate, and if so, to determine the amount and the
method of adjustment. If the City requires review of financial or other proprietary information in
conducting its rate review, at the request of the Contractor, the City shall retain a third -party to review such
information at the City's expense, and shall take such other steps as are reasonably feasible and appropriate
to protect the confidential nature of Contractor's documents. This section shall not require the City to
approve any compensation adjustment.
S. FAILURE TO PERFORM, REMEDIES, TERMINATION
The City expects high levels of Customer service and collection service provision. Performance failures
shall be discouraged, to the extent possible, through specific performance fees for certain infractions and
through. Contract default for more serious lapses in service provision. Section 5.1 details infractions subject
to performance fees, and Section 5.2 details default provisions and procedures.
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5.1 Performance Fees
The City reserves the right to make periodic, unscheduled inspection visits or review of Contractor's
activities to determine the Contractor's compliance with the provisions and requirements of this Contract.
Such inspections or review are not required to be based upon any formal complaint or notification. In the
event that the City's inspection reveals that the Contractor has failed to satisfactorily perform any duties of
this Contract, the City shall present a documented incident report to the Contractor detailing such
unsatisfactory performance. The Contractor and the City agree that upon receiving such report, the
Contractor shall pay the following dollar amounts, not as a penalty, but as performance fees for failure to
satisfactorily perform its duties under this Contract. The City and the Contractor agree that the City's
damages would be difficult to prove in any litigation, and that these dollar amounts are a reasonable estimate
of the damages sustained by the City as a result of the Contractor's failure to satisfactorily perform its duties
under this Contract. Performance fees shall consist of the following, as well as those set forth in Section
3.1.16:
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December, 2017
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Action or Omission
Performance fees
1
Collection before or after the times specified in Section 3.1.4,
except as expressly permitted m writing.
$500 per incident (each vehicle
on each route is a separate
incident).
2
Repetition of complaints after notification, including, but not
limited to, failure to replace Containers in designated
locations, spilling, not closing gates, not replacing lids,
crossing planted areas, or similar violations.
550 per incident, not to exceed
$5,000 per vehicle per day.
3
Failure to promptly clean-up or collect leaked or spilled
materials after notification by the City.
Twice the cost of cleanup to the
City, plus $500 per incident.
4
Repeated leakage or spillage from Contractor vehicles or of
vehicle contents after City notification to the Contractor of
the problem.
5500 per vehicle, per inspection,
plus clean-up costs.
5
Failure to replace a leaking Container within one business
day of notification.
$250 per incident, and then 5100
per day that the Container is not
replaced.
6
Failure to collect materials within the time periods specified
within the Contract.
5100 per incident to a maximum
of $5,00(] per vehicle per day.
8
Rejection of Garbage or Recyclables without providing
documentation to the Customer of the reason for rejection.
5100 per incident.
9
Failure to deliver Containers within three days of request to
Customers requesting service after the Date of
Commencement of Service.
5100 per incident.
10
Material misrepresentation by Contractors in records or
reporting, as determined by the City or upon a series of
misrepresentations when the Contractor has failed to provide
correct and accurate records or reporting.
55,000 per incident.
I 1
Failure to provide the required annual report on time.
$50(} per day past deadline.
12
Failure to maintain clean, sanitary and properly painted
Containers, vehicles and facilities.
$50 per incident, up to maximum
of $1,00(} per inspection.
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Sunshine Recyclers Inc.
December, 2017
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Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the
Contractor that shall be considered violations or breaches of the Contract, and the City reserves the right to
exercise any and all remedies it inay have with respect to these and other violations and breaches. The
performance fees schedule set forth here shall not affect the City's ability to terminate this Contract as
described in Section 5.2.
Performance fees, if assessed during a given month, shall be invoiced in writing by the City to the
Contractor. The City shall notify the Contractor of an assessment of performance fees within 30 days of the
City becoming aware of the violation. The Contractor shall be required to pay the City the invoiced amount
within 30 days of billing. Failure to pay performance fees shall be considered a breach of this Contract, and
shall accrue penalty charges of 8.0% of the amount of any delinquent payments.
Any performance fees assessed against the Contractor may be appealed by the Contractor to the City within
10 days of being invoiced for assessed performance fees. The Contractor shall be allowed to present
evidence as to why the amount of the assessed performance fees should be lessened or eliminated including
the provision of incorrect information provided by a previous contractor for contract failures during the
initial transition period. The City reserves the right to waive any performance fee. The decision of the City
shall be final.
5.2 Contract Default
The Contractor shall be in default of this Contract if it abandons or violates any portion or provision of this
Contract, fails to fully and promptly comply with all its obligations, or fails to give any satisfactory reason
for noncompliance. In addition, the Contractor shall be in default of the Contract should, including but not
limited to, any of the following occur:
1. The Contractor fails to commence the collection of Garbage and Recyclables, or fails to provide
any portion of service under the Contract on the Date of Commencement of Service, or for a period
of more than five consecutive collection days at any time during the term of this Contract except
as provided pursuant to Section 3.1.16 (labor disruption) or Section 7.15 (force majeure);
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December, 2017
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Action or Omission
Performance fees
13
Collection of Rccyclablcs in a vehicle placarded for Garbage
collection without the express written permission of the City.
$2,000 per vchicle, per incident.
14
Failure to meet Customer service answer and on -hold time
performance requirements.
$100 per day.
15
Failure to meet the service and performance standards listed
in Section 3.2 of this Contract for a period of two consecutive
months.
$250 per day until the service
standards listed in Section 3.2 are
met for 10 consecutive business
days.
16
Failure to properly use an authorized switchable placard or
nameplates as described in Section 3.1.13.
$100 per placard per vehicle per
day.
17
Inability to reach the Contractor's staff via the emergency
telephone number within one hour of the City becoming
aware of the event giving rise to the call.
$500 per incident.
18
The use of outdated, or unauthorized stickers, or lack of
required stickers on Contractor -provided Containers.
$50 per Container.
19
Failure to have correct rates for all Customer sectors and
service levels listed on the Contractor's wvcbsitc..
$250 per day, with no maximum.
Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the
Contractor that shall be considered violations or breaches of the Contract, and the City reserves the right to
exercise any and all remedies it inay have with respect to these and other violations and breaches. The
performance fees schedule set forth here shall not affect the City's ability to terminate this Contract as
described in Section 5.2.
Performance fees, if assessed during a given month, shall be invoiced in writing by the City to the
Contractor. The City shall notify the Contractor of an assessment of performance fees within 30 days of the
City becoming aware of the violation. The Contractor shall be required to pay the City the invoiced amount
within 30 days of billing. Failure to pay performance fees shall be considered a breach of this Contract, and
shall accrue penalty charges of 8.0% of the amount of any delinquent payments.
Any performance fees assessed against the Contractor may be appealed by the Contractor to the City within
10 days of being invoiced for assessed performance fees. The Contractor shall be allowed to present
evidence as to why the amount of the assessed performance fees should be lessened or eliminated including
the provision of incorrect information provided by a previous contractor for contract failures during the
initial transition period. The City reserves the right to waive any performance fee. The decision of the City
shall be final.
5.2 Contract Default
The Contractor shall be in default of this Contract if it abandons or violates any portion or provision of this
Contract, fails to fully and promptly comply with all its obligations, or fails to give any satisfactory reason
for noncompliance. In addition, the Contractor shall be in default of the Contract should, including but not
limited to, any of the following occur:
1. The Contractor fails to commence the collection of Garbage and Recyclables, or fails to provide
any portion of service under the Contract on the Date of Commencement of Service, or for a period
of more than five consecutive collection days at any time during the term of this Contract except
as provided pursuant to Section 3.1.16 (labor disruption) or Section 7.15 (force majeure);
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2. The Contractor fails to obtain and maintain any permit, certification, authorization, or license
required by the City, County, or any federal, State, or other regulatory body in order to collect
materials under this Contract, or comply with environmental standards and regulations applicable
to services provided under this Contract;
3. The Contractor's noncompliance creates a hazard to public health or safety or the environment;
4. The Contractor causes uncontaminated Recyclables to be disposed of in any way, such as in a
Landfill or incinerated at an incinerator or energy recovery facility, without the prior written
permission of the City;
5. The Contractor fails to make any required payment to the City, as specified in this Contract;
6. The Contractor is assessed performance fees in excess of $5,000.00 during any consecutive six
month period; or
7. The Contractor fails to resume full service to Customers within twenty-one days following the
initiation of a labor disruption pursuant to Section 3.1.16.
The City reserves the right to pursue any remedy available at law or in equity for any default by the
Contractor. In the event of default, the City shall give the Contractor 10 days prior written notice of its
determination of a default, intent to exercise its rights, stating the reasons for such action, and the period
for the Contractor to cure the default. In the event no cure period is specified in such notice, the cure period
shall be 10 days from the date of the notice. If an emergency arises that does not allow 10 days prior written
notice, the City shall immediately notify the Contractor of its intent to exercise its rights immediately.
If the Contractor cures the stated reason within the stated cure period, or initiates efforts satisfactory to the
City to remedy the stated reason and the efforts continue in good faith, the City may opt to not exercise its
rights for the particular default. If the Contractor fails to cure the stated reason within the stated period, or
does not undertake efforts satisfactory to the City to remedy the stated reason, then the City may at its
option terminate this Contract. The City shall send notice of termination to the Contractor and surety on
the Contractor's performance bond.
Upon receipt of such notice, the Contractor agrees that it shall promptly discontinue the services provided
under this Contract. The surety of the Contractor's performance bond may, at its option, within 10 days
from such written notice, assume the services provided under this Contract that the City has ordered
discontinued and proceed to perform same, at its sole cost and expense, in compliance with the terms and
conditions of the Contract, and all documents incorporated herein.
In the event that the surety on the Contractor's performance bond fails to exercise its option within the 10
day period, the City may complete the services provided under this Contract or any part thereof, either
through contract with another party or any other means.
The City shall be entitled to recover from the Contractor and the surety on the Contractor's performance
bond as damages all expenses incurred, including reasonable attorney's fees, together with all such
additional sums as may be necessary to complete the services provided under this Contract, together with
any further damages sustained or to be sustained by the City.
If City employees provide Garbage or Recyclables collection, the actual incremental costs of City labor,
overhead, and administration shall serve as the basis for a charge to the Contractor and the surety on the
Contractors performance bond.
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6. NOTICES
All notices required or contemplated by this Contract shall be in writing and personally served or mailed
(postage -prepaid and return receipt requested), addressed to the parties as follows, or as amended by the
City:
To City: City Manager
City of Spokane Valley
11707 East Sprague Avenue, Suite 106
Spokane Valley, WA 99206
After September 1, 2017: City Manager
City of Spokane Valley
10210 East Sprague Avenue
Spokane Valley, WA 99206
To Contractor: Marc B. Torre
Sunshine Disposal & Recycling
920 North Argonne Road, Suite 300
Spokane Valley, WA 99212
7. GENERAL TERMS
7.1 Collection Right
The Contractor shall be one of the non-exclusive providers contracted by the City to collect Garbage in
Drop -box Containers and Multifamily Complex Recyclables from Multifamily Complex Customers that
utilize Drop -box Containers for primary Garbage service within the City Service Area. Collection of Drop -
box Garbage and, as may be applicable, Recyclables, shall occur solely in accordance with the terms of this
Contract. No other collection rights are otherwise authorized unless specifically granted by the City. The
City shall not be obligated to join or instigate litigation to protect the right of the Contractor.
This Contract provision shall not apply to Garbage or Recyclables self -hauled by the generator; to Source -
separated materials hauled by common or private carriers (including drop-off recycling sites); to C&D
Waste hauled by self -haulers or construction or demolition contractors in the normal course of their
business; to Yard Debris generated and hauled by private landscaping services; or to non-residential
Compostables hauled by common or private carriers.
The Contractor shall retain the right and cover all costs to dispose of or process and market the Garbage
and/or Recyclables once these materials are placed in Contractor -provided. Containers. The Contractor shall
retain revenues gained from the sale of Recyclables. Likewise, a tipping or acceptance fee charged for
Recyclables shall be the financial responsibility of the Contractor.
7.2 Access to Records
The Contractor shall maintain in its local office full and complete operations, Customer, financial, and
service records related to the Contractor's performance under this Contract. These records shall be available
upon reasonable notice for inspection and copying for any reasonable purpose by the City. In addition, the
Contractor shall, during the Contract term, and at least seven years thereafter, maintain in an office in
Spokane County reporting records and billing records pertaining to the Contract that arc prepared in
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accordance with Generally Accepted Accounting Principles, reflecting the Contractor's services provided
under this Contract. Those Contractor's accounts shall include, but shall not be limited to, all records,
invoices, and payments under the Contract, as adjusted for additional and deleted services provided under
this Contract. The City shall be allowed access to these records for audit and review purposes, subject to
the same protections of the Contractor's financial or other proprietary information set forth in Section 4.4.
The Contractor shall make available copies of certified weight slips for Garbage and Recyclables on request
within 10 business days of the request. The weight slips may be requested for any period during the teen
of this Contract.
7.3 Insurance
The Contractor shall procure and maintain insurance, as required in this Section, without interruption from
commencement of the Contractor's work through the term of the contract and for thirty (30) days after the
Physical Completion date, unless otherwise indicated herein.
Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be
construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise
limit the City's recourse to any remedy available at law or in equity.
7.3.1 Minimum Scope of Insurance
Contractor shall procure and maintain for the duration of the Contract, 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.
Contractor shall obtain insurance of the types described below:
1. 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 and including Pollution coverage related to transport cargo.
2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00
01 and shall cover liability arising from premises, operations, independent contractors, and personal
injury, and advertising injury. There shall be no endorsement or modification of the Commercial
General Liability Insurance for liability arising from explosion, collapse, or underground property
damage. City shall be named as an additional insured under Contractor's commercial general
liability insurance policy with respect to the work performed for the City using an additional insured
endorsement at Least as broad as ISO CG 20 26.
3. Workers' compensation coverage as required by the industrial insurance laws of the State of
Washington.
4. Contractor's Pollution Legal Liability insurance coverage (claims -made form) covering any
claim for bodily injury, personal injury, property damage, cleanup costs, and legal defense expenses
applying to all work performed under the Contract, including that related to transported cargo.
Contractor warrants that any retroactive date applicable to coverage under the policy precedes the
effective date of this Contract; and that the continuous coverage shall be maintained or an extended
discovery period shall be exercised for a period of three years beginning from the date services
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under this Contract are terminated. The City shall be named by endorsement as an additional
insured on the Contractor's Pollution Legal. Liability insurance policy.
5. Commercial Umbrella Liability insurance (not "excess Umbrella Liability Insurance).
This Umbrella Liability Insurance shall apply above, and be at least as broad in coverage scope, as
the Contractor's Commercial General Liability and Automobile Liability Insurance.
7.3.2 Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile liability insurance with a minimum combined single limit for bodily injury and
property damage of no less than $1,000,000 per accident.
2. Commercial general liability insurance shall be written with limits no less than $1,000,000 for
each occurrence, $2,000,000 for general aggregate, and $2,000,000 products completed operations
aggregate limit.
3. Employer's Liability, $1,000,000 per occurrence.
4. Contractor's Pollution Legal Liability insurance shall be written with limits of $5,000,000 each
incident.
5. Commercial Umbrella Liability insurance shall be written with limits of $5,000,000 each
occurrence.
7.3.3 Other Insurance Provisions
As respects the services provided by Contractor under this Contract, the policies are to contain, or be
endorsed to contain, the following provisions for all except workers' compensation:.
1. Contractor's insurance coverage shall be primary insurance with respect to the 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 five business days of receipt by Contractor.
3. If Contractor maintains higher insurance limits than the minimums shown above, City shall be
included as an additional insured for the full available limits of commercial general and excess,
pollution, or umbrella liability maintained by Contractor, irrespective of whether such Limits
maintained by Contractor are greater than those required by this Contract or whether any certificate
of insurance furnished to the City evidences limits of liability lower than those maintained by
Contractor.
4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material
breach of the Contract, upon which the City may, after giving at least five business days' notice to
Contractor to correct the breach, immediately terminate the Contract, or at its sole discretion,
procure such insurance and pay any and all premiums in connection therewith, with any sums so
expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds
due Contractor from the City.
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7.3.4 Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:V1i.
7.3.5 Verification of Coverage
As evidence of the insurance coverages required by this Contract, Contractor shall furnish acceptable
insurance certificates to the City Clerk by March 15, 2018, which shall become Attachment P. The
certificate shall specify all of the parties who are additional insureds, and shall include applicable policy
endorsements. Insuring companies or entities are subject to City acceptance. To the extent allowed or
required by law and upon the request of the City, complete copies of insurance policies shall be provided
to City. Contractor shall be financially responsible for alI pertinent deductibles, self-insured retentions,
and/or self-insurance.
7.3.6 Subcontractors
The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with
all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor
shall have sole responsibility for determining the limits of coverage required to be obtained by
Subcontractors. The Contractor shall ensure that the City is an additional insured on each and every
Subcontractor's Commercial General liability insurance policy using an endorsement at least as broad as
ISO Additional Insured endorsement 20 26 07 04.
7.3.7 ACORD Form
If an "ACORD" form of Certificate of Insurance is provided to the City pursuant to this section, it must
include the following:
Wording to be added in the Description Section - "Should any of the above described policies be
canceled, before the expiration date thereof, thirty (30) days advance notice shall be mailed to the
City of Spokane Valley."
7.4 Performance Bond
The Contractor shall provide and maintain at all times a valid Contractor's Performance Bond or bonds,
letter of credit, or other similar instrument on the City's bond forms in the amount of $10,000.00. The
Contractor's Performance Bond shall be provided to the City no later than March 15, 2018. The bond,
letter of credit, or other similar instrument shall be issued for the term of the Contract, unless otherwise
approved in writing by the City. In the event a bond, letter of credit, or other similar instrument is approved
for a period shorter than the term of the Contract, the Contractor shall provide such new bond, letter of
credit, or similar instrument, and evidence satisfactory to the City of its renewability, no less than 60
calendar days prior to the expiration of the original bond, letter of credit, or other similar instrument then
in effect. The City shall have the right to call the original bond, letter of credit, or other similar instrument
in full in the event its renewal is not confirmed prior to five calendar days before its expiration.
7.5 Indemnification
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, costs of litigation,
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expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or
negligent acts, errors, or omissions in the services provided by Contractor, Contractor's agents,
subcontractors, subconsultants, and employees arising out of this Contract to the fullest extent pernniitted by
law, subject only to the limitations provided below.
Contractor's duty to defend, indemnify, and hold City harmless shall not apply to liability for damages
arising out of such services caused by or resulting from the sole negligence of City or City's agents or
employees pursuant to RCW 4.24A15.
Contractor's duty to defend, indemnify, and hold City harmless against liability for damages arising out of
such services caused by the concurrent negligence of (a) City or City's agents or employees, and (b)
Contractor, 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.
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, 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 expenses.
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.
Contractor hereby certifies that this indemnification provision was mutually negotiated.
7.6 Confidentiality of Information
1. The Parties agree that all records of the Contractor and of the City which are related to this Contract and
the 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.
2. All reports, educational materials, and other records prepared by the Contractor and provided to the City
pursuant to this Contract 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 Contract 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 Ftes,. 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
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material prepared under this Contract. that Contractor provides to the City pursuant to this Contractor;
provided City shall not publish, disclose, or distribute any financial information 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. Notwithstanding the
foregoing, any Contractor confidential and proprietary information shall be excluded from this Section to
the extent allowed by law.
3. 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 Contract and are required to be provided
by Contractor to the City or to support fee adjustments under Section 4. 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 Contract, 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 7.6. 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.
4. 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.
7.7 Assignment of Contract
7.7.1 Assignment or Pledge of Money by the Contractor
The Contractor shall not assign or pledge any of the money due under this Contract without securing the
prior written approval of the surety of the Contractor's performance bond and providing at least 30 calendar
days prior written notice to the City of such assignment or pledge together with a copy of the surety's
approval thereof. Such assignment or pledge, however, shall not release the Contractor or its sureties from
any obligations or liabilities arising under or because of this Contract. The requirements of this section shall
not apply to the grant of a general security interest in the Contractor's assets to secure the Contractor's
obligations under any loan or credit facility entered into by the Contractor or the Contractor's parent.
7.7.2 Assignment, Subcontracting, Delegation of Duties
The Contractor shall not assign or sub -contract any of the services provided under this Contract that directly
affect Customers or delegate any of its duties under this Contract without the prior written approval of the
City, which approval shall not be unreasonably withheld.
In the event of an assignment, sub -contracting, or delegation of duties, the Contractor shall remain
responsible for the full and faithful performance of this Contract and the assignee, subcontractor, or other
obligor shall also become responsible to the City for the satisfactory performance of the services to be
provided under this Contract. The City may impose conditions of approval on any such assignment,
subcontracting, or Change of Control, including but not limited to requiring the delivery by the assignee,
subcontractor, or other obligor of its covenant to the City to fully and faithfully complete the services to be
provided under this Contract or responsibilities undertaken. In addition, the assignee, subcontractor, or
obligor shall sign a separate statement agreeing to abide by all terns and conditions of this Contract. The
City may terminate this Contract if the assignee, subcontractor, or obligor does not comply with this clause.
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Supplier agreements for vehicles, part, fuels, and other general supplies are exempt from this reporting
requirement.
For the purposes of this Contract, any Change of Control of the Contractor shall be considered an
assignment subject to the requirements of this section. Nothing herein shall preclude the City from
executing a novation, allowing the new ownership to assume the rights and duties of the Contract and
releasing the previous ownership of all obligations and liability.
7.7.3 Merger or Sale of Contractor Operations
In the event the Contractor wishes to change the trade name under which it does business within the City
Service Area, the Contractor shall designate to the City the name, logo, and colors under which it will be
doing business in writing to thc City at least 30 days prior to thc effective date of its change of trade name.
Within a reasonable period following a change of trade name by the Contractor, all items, logos, articles,
and implements seen by the public shall be changed, including but not limited to letterhead, signs,
promotional materials, website pages, billing statements, envelopes, and other items. Vehicles are the only
exception; vehicles must be repainted with new trade name, and any new logo or colors, within two years
of the effective date of the change of trade name, provided that temporary nameplates (magnetic, stickers
or other) shall be affixed to vehicles within 30 days of the change. Failure to comply with the terms of this
section shall result in penalties assessed against the Contractor in accordance with Section 5.1.2.
7.8 Laws to GovernfVenue
This Contract shall be governed by the laws of the State of Washington both as to interpretation and.
performance. Venue shall be in Superior Court in the State of Washington for Spokane County.
7.9 Compliance with Applicable Laws and Regulations
The Contractor shall comply with all federal, state, and local regulations and ordinances applicable to the
work to be done under this Contract. Any material violation of the provisions of this section shall be grounds
for termination or suspension of the Contract by the City, and may result in the Contractor's ineligibility
for further work for the City.
The Contractor agrees not to discriminate against any employee or applicant for employment or any other
persons in the performance of this Contract because of race, religion, creed, color, national origin, marital
status, gender, age, disability, sexual orientation, or other circumstances as may be defined by federal, state,
or local law or ordinance, except for a bona fide occupational qualification. Without limiting the foregoing,
Contractor agrees to comply with the provisions of the Affidavit of Equal Opportunity & Title VI
Compliance requirements incorporated herein by this reference. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the
Contractor setting forth the provisions of this nondiscrimination clause.
Conditions of the Federal Occupational Safety and Health. Act of 1970 (OSHA), the Washington Industrial
Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from time -
to -time must be complied with, including ergonomic and repetitive motion requirements. The Contractor
must indemnify and hold harmless the City from all damages assessed for the Contractor's failure to comply
with the Acts and Standards issued therein. The Contractor is also responsible for meeting all pertinent
local, state, and federal health and environmental regulations and standards applying to the operation of the
collection and processing systems used in the performance of this Contract.
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The Contractor is specifically directed to observe all weight -related laws and regulations in the performance
of these services, including axle bridging and loading requirements.
7.10 Permits and Licenses
The Contractor and subcontractors shall secure a City business license and pay all fees and taxes levied by
the City. The Contractor shall obtain all permits, certifications, authorizations, and licenses necessary to
provide the services required herein prior to the Date of Execution of this Contract at its sole expense.
The Contractor shall be solely responsible for all taxes, fees, and charges incurred, including, but not limited
to, license fees and all federal, state, regional, county, and local taxes and fees, including income taxes,
property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons,
facilities, property, income, equipment, materials, supplies, or activities related to the Contractor's activities
under the Contract, business and occupation taxes, workers' compensation, and unemployment benefits.
7.11 Relationship of Parties
The Parties understand and agree that Contractor shall be an independent contractor and not the agent or
employee of City, that City is interested only in the results to be achieved, and that the right to control the
particular manner, method, and means in which the services under this Contract are performed is solely
within the discretion of Contractor. Any and all employees who provide services to City under this Contract
shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and
actions of all its employees under this Contract and any liability that may attach thereto.
7.12 Contractor's Relationship with Customers
The Contractor shall not separately contract with Customers for any services covered under this Contract;
however, the Contractor may negotiate separate agreements with. Customers for the sole purpose of
compactor leasing, payment for recyclables, or other related services only when not included in this
Contract, provided that Customers are provided separate invoices for those services and that the Contractor
makes it clear to Customers that those services are not provided under this Contract. These separate
agreements must be in writing and shall in no way expressly or by application supersede this Contract. The
Contractor agrees these separate agreements shall not contain durations any longer than the final date of
this Contract's term. The Contractor shall provide the City a detailed list of all such separate agreements
with Customers upon City request. The City may, at its sole option, regulate similar or identical services in
the successor to this contract.
7.13 Bankruptcy
It is agreed that Wan order for relief with respect to the Contractor is entered in any bankruptcy case, either
voluntarily or involuntarily, in which the Contractor is a debtor, then this Contract, at the option of the City,
may be terminated effective on the day and at the time the order for relief is entered.
7.14 Right to Renegotiate/Amend
The City shall retain the right to renegotiate this Contract or negotiate contract amendments at its discretion
or based on policy changes, state statutory changes, or local law or rule changes, Washington State, or
federal regulations regarding issues that materially modify the terms and conditions of the Contract,
including but not limited to any modifications to contracting terms or policies as they relate to the City
Disposal System and disposal services. The City may also renegotiate this Contract should any Washington.
State, County, or City rate or fee associated with the Contract be held illegal or any increase thereof be
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rejected by voters. In addition, the Contractor agrees to renegotiate in good faith with the City in the event
the City wishes to change disposal locations or add additional services or developments to the Contract and
to provide full disclosure of existing and proposed costs and operational impacts of any proposed changes.
In the event of a renegotiation, the Parties agree to negotiate all terms and rates in good faith.
This Contract may be amended, altered, or modified only by a written amendment, alteration or
modification, executed by authorized representatives of the City and the Contractor.
A failure by the parties to reach agreement on any matter as to which either party has a right to renegotiate
under this section or under any other section of this Contract shall not in and of itself result in a termination
of this Contract or give rise to any right on the part of either party to terminate this Contract, nor shall a
failure of the parties to reach such an agreement otherwise affect the validity or enforceability of this
Contract.
7.15 Force Majeure
Provided that the requirements of this section are met, Contractor shall not be deemed to be in default and
shall not be liable for failure to perform under this Contract if Contractor's performance is prevented or
delayed by acts of God, including landslides, lightning, forest fires, storms, floods, freezing and
earthquakes, terrorism, civil disturbances, acts of the public enemy, wars, blockades, public riots,
explosions, accident to machinery, equipment or materials, unavailability of required materials or disposal
restrictions, governmental restraint or other causes, whether of the kind enumerated or otherwise, that are
not reasonably within the control of the Contractor, and are not the result of the willful or negligent act
error or omission of the Contractor; and that could not have been prevented by the Contractor through the
exercise of reasonable diligence ("Force Majeure"). The Contractor's obligations under this Contract shall
be suspended, but only with respect to the particular component of obligations affected by the Force
Majeure and only for the period during which the Force Majeure exists.
The following events do not constitute Force Majeure: strikes, other than nationwide strikes or strikes that
by virtue of their extent or completeness make the particular goods or services effectively unavailable to
the Contractor; work stoppages or other labor disputes or disturbances occurring with respect to any activity
performed or to be performed by the Contractor; or general economic conditions.
If as a result ofa Force Majeure event, Contractor is unable wholly or partially to meet its obligations under
this Contract, the Contractor shall notify the City by telephone or email, on or promptly after the Force
Majeure is first known, followed within seven days by a written description of the event and cause thereof
to the extent known; the date the event began, its estimated duration, the estimated time during which the
performance of the Contractor's obligations will be delayed; the likely financial impact of the event; and
whatever additional information is available concerning the event and its impact on the City and its
Customers. The Contractor shall provide prompt written notice of the cessation of the Force Majeure.
Whenever such event shall occur, the Contractor, as promptly and as reasonably possible, shall use its best
efforts to eliminate the cause, reduce the cost, and resume performance under the Contract. In addition, if
as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations under
this Contract, the Contractor shall notify all Customers regarding the disruption in collection service in a
manner similar to the notification required in the case of inclement weather under Section 3A.7.
7.16 Illegal Provisions
If any provision of this Contract shall be declared illegal, void, unenforceable, or invalid for any reason by
a court of competent jurisdiction, such invalidity shall not affect the legality, effectiveness, and validity of
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Sunshine Recyclers Inc.
December, 2017
Page 43 of 54
any other section, sentence, clause, or phrase of this Contract and the other provisions of the Contract shall
remain in full force and effect.
7.17 Waiver
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 Contract. No waiver in one instance shall be
held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Contract
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 Contractor 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 Contract or any part thereof.
7.18 Incorporation of Contractor's Proposal in Response to City's RFP
The Contractor's proposal, dated February 6, 2017, submitted in response to the City's Request for
Proposals, is incorporated by reference, including but not limited to collection vehicle types, customer
service staffing and approach, processing abilities and other commitments made in the Contractor's
proposal and all associated clarifications and supplemental proposal materials. In the case of conflict
between the Contractor's proposal and this Contract. the provisions of this Contract shall prevail. The City
may approve changes to vehicle and Container make. model and specifications at the City's discretion.
7.19 Disputes Resolution
The parties shall attempt to resolve any and all disputes to the mutual satisfaction of both parties by good.
faith discussions. Throughout the duration of a dispute, the Contractor shall continue providing all services
included in this Contract. Disputes not resolved in accordance with other provisions of this Contract or
through good faith discussions shall, within one year of first notification of such dispute, be submitted to
non-binding mediation before a mediator mutually agreed upon by both the City and the Contractor. Each
party shall pay their own mediation costs. Neither party may initiate or commence legal proceedings prior
to completion of the non-binding mediation. If non-binding mediation is not successful, disputes shall be
resolved through litigation filed in the Superior Court of the State of Washington in Spokane County, unless
otherwise required by applicable federal or state law.
7.20 Jurisdiction and Venue
This Contract is entered into in. Spokane County, Washington. Venue shall be in Spokane County, State of
Washington.
7.21 Interpretation of Time
All times expressed in this Contract are in reference to Pacific Standard Time. All references to days are
calendar days unless otherwise specified.
7.22 Entirety
This Contract and the attachments affixed hereto are herein incorporated by reference and represent the
entire agreement or contract terms between the City and the Contractor with respect to the services to be
provided under this Contract. No prior written or oral statement or proposal shall alter any term or provision
of this Contract.
City of Spokane Valley -
Comprehensive Drop -box Container Collection Contract
Sunshine Recyclers Inc.
December, 2017
Page 44 of 54
WITNESS THE EXECUTION HEREOF on the day and year first herein above written.
CITY OF SPOKANE VALLEY: Contractor:
Mark Calhoun, City Manager By:
ATTEST:
Christine Bainbridge, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
Its: Authorized Representative
Attachments
Attachment A: City Service Area
Attachment R: Contractor Rates
Attachment C: Recyclables List
Attachment D: Rate Modification Example
Attachment E: Insurance Certificates (provided by March 15, 2018)
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Sunshine Recyclers Inc.
December, 2017
Page 45 of 54
City. pF
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SPOKANE VALLEY SOLID WASTE SERVICES AREA
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City of Spokane Valley
Comprehensive Drop -box Container Collection
Sunshine Recyclers Inc.
ammo Solid Waste Services Area
December, 2017
Attachment B - Initial Contract Rates
l'lic City's disposal fee as it exists on the. date: of execution or as thereafter modified shall be itemized
separately un Customer invoices. The Contractor shall charge Customers the actual disposal cost
without mark-up.
Sunshine Recyclers, Inc.
Service Level (based un pick ups)
Daily
Rent
Monthly
Rent
Delivery
Charge
Haul
Charge*
All Sector
Drop -box
Collection
Non --compacted 10 cubic yard Drop -box
$ 2.42
$ 35.62
N±'A
$ 89.11
Non -compacted 15 cubic yard Drop -box
S 4.20
$ 57.80
N/A
$ 68.31
Non -compacted 20 cubic yard Drop -box
S 4.20
$ 57.80
N/A
$ 68.31
Non -compacted 25 cubic yard Drop -box
S 4.72
$ 63.89
N/A
$ 71.43
Non -compacted 30 cubic yard Drop -box
S 4.72
$ 63.89
N/A
$ 71.43
Non -compacted 40 cubic yard Drop -box
$ 5.26
$ 77.76
N/A
$ 78.82
Compacted 10 cubic yard Drop -box
ouLsidc contract
NIA
$ 96.79
Compacted 20 cubic yard Drop -box
outside contract
N/A
$ 117.70
Compacted 25 cubic yard Drop -box
outside contract
NIA
$ 117.70
Compacted 30 cubic yard Drop -box
outside contract
N/A
$ 117.70
Compacted 40 cubic Ward Drop -box
outside contract
N/A
$ 141.93
Drop -box Ancillary Feer
Per Unit
Multifamily Recycling Fee (per cubic yard of DB size)'
$ 1.10
Return Trip (per event)
$ 25.00
Stand-by Time (per minute)
$ 1.60
Container cleaning (per yard of container size)
$ 10,00
Drop -box excess mileage (over 5 ani), per one -Way ani
c
$ 3.00
'1'einporary
Containers
Service Level
Delivery
1"ee
Daily
Rental
Monthly
Rental
Haul
Charge
Non -compacted 10 cubic yard Drop -box
S 42.04
$ 2.42
$ 72.70
$ 89.33
Non -compacted 20 cubic yard Drop -box
S 42.04
$ 4.20
$ 126.05
$ 89.33
Non -compacted 30 cubic yard Drop -box
$ 42.04
$ 4.72
$ 141.65
$ 99,92
Non -compacted 40 cubic yard Drop -box
5 12.04
$ 5.26
5 157.87
$ 99.92
Hourly Rale
Drop -box Truck - driver
$ 98.15
Additional i..abor- (leer person)
$ 35,00
l'lic City's disposal fee as it exists on the. date: of execution or as thereafter modified shall be itemized
separately un Customer invoices. The Contractor shall charge Customers the actual disposal cost
without mark-up.
Sunshine Recyclers, Inc.
Attachment C Recyclables List
Recyclables shall be loose, empty, clean and dry, not bagged as follows:
MATERIAL
TYPE
DESCRIPTION
PREPARATION
INSTRUCTIONS
EXCLUSIONS
Glass
• Food or beverage
containers — brown,
clear, or green -
empty
Remove lids; empty of
all food or liquids.
Labels do not need to
be removed.
Leaded glass; light
bulbs; porcelain; auto
glass; windows, mirrors,
baking dishes, storage
dishes, ceramic, plates,
glassware,
storage/canning jars.
Paper
• Office paper,
printer/copy paper,
construction paper
• Newspaper and
paper inserts
• Magazines and paper
inserts
• Catalogs
• Cardboard
• Telephone books
• Mail and paper
inserts
• Envelopes
Paper bags
•
•Cereal, cookie and
cracker boxes
• Detergent boxes
• Paper towel tubes
• Toilet paper tubes
• Tissue boxes
• Non -foil wrapping
paper
• Kraft paper bags or
boxes
Remove plastic bags
(exterior or interior),
plastic packaging,
metal, electronics,
magnets, twine, straws,
lids and any food or
liquids. Must be dry.
Plastic windows in
paper envelopes okay.
Shredded paper; paper
envelopes with bubble
wrap liners, insulation
liners or envelopes made
from plastic (Tyvek);
laminated paper,
stickers, labels, photos,
carbon paper, paper
affixed to magnets; wax-
coated cups; pet food
bags; mixed material
bags; wet or soiled
paper; paper with large
amounts of paint or glue;
Frozen food boxes; Juice
boxes; Milk, juice and
ice cream cartons;
Aseptic containers — e.g.
soup, broth, soy milk,
almond milk.
Cardboard
• Cardboard boxes
• Cardboard packaging
• Cardboard beverage
`flats' or nursery
'flats'
Flatten all cardboard,
cut down to size to fit
in cart with lid closed.
Remove all interior
packaging, block foam,
packing peanuts and
exterior plastic wrap.
Do not bundle with
tape or twine. External
tape okay. Oversized
Waxed cardboard; fiber
containing, or that has
bccn in contact with
food debris.
City of Spokane Valley
Comprehensive Drop -box Container Collection
Sunshine Recyclers Inc.
December, 2017
Although not an exhaustive list, for education purposes, examples of other exclusions or items that should
not be placed in the Recycling Carts are: Any recyclables materials, or pieces of recyclables materials less
than 2" in size in any dimension. Materials: (a) that contain chemical or other properties deleterious, or
capable of causing material damage, to any part of Contractor's property, its personnel or the public; and/or
(b) that may materially impair the strength or the durability of the Contractor's structures or equipment.
City of Spokane Valley
Comprehensive Drop -box Container Collection
Sunshine Recyclers Inc.
December, 2017
cardboard can be
flattened and placed
next to cart. Must be
dry.
Metal
• Tin, aluminum and
Remove all exterior
Aluminum foil and
steel food or
packaging; remove
trays; sharp or greasy
beverage containers
lids; empty of all food
metal; batteries;
• Empty aerosol cans
or liquids. Labels do
microwaves; hangers;
• Scrap metal (limit:
not need to be
electrical cords; cell
Needs to fit in cart,
approx. 2'x2'x2', 35
lbs.).
removed.
phones; car snow chains;
Metal appliances.
Plastic
• Food and beverage
Plastic bottles with
Plastic bags, plastic film;
containers
plastic screw -on lids
plastic bottles that
• PET/PETE bottles
are okay if lids are
contained HHW listed
(soda/water bottles)
• HDPE bottles/jugs
screwed back on,
remove all other lids;
materials; deli, bakery
and produce clamshell
(milk jugs; detergent
remove straws; empty
containers; loose lids —
bottles)
of all food, liquids or
any size; plant trays;
• Dairy tubs, e.g.
other debris. Labels do
PVC; large rigid plastic
butter, yogurt,
cottage cheese
• 5 -gallon buckets
not need to be
removed.
(outdoor furniture,
laundry baskets,
swimming pools, toys,
etc.); hoses;
landscaping/sprinkler
tubing; foam packaging
(block, peanuts, etc.) and
foam cups and plates;
loose lids; coat hangers.
Although not an exhaustive list, for education purposes, examples of other exclusions or items that should
not be placed in the Recycling Carts are: Any recyclables materials, or pieces of recyclables materials less
than 2" in size in any dimension. Materials: (a) that contain chemical or other properties deleterious, or
capable of causing material damage, to any part of Contractor's property, its personnel or the public; and/or
(b) that may materially impair the strength or the durability of the Contractor's structures or equipment.
City of Spokane Valley
Comprehensive Drop -box Container Collection
Sunshine Recyclers Inc.
December, 2017
Attachment D
Rate Modification Examples
Customer charges (including any embedded Administrative Fee) shall be adjusted annually, pursuant to
Section 4.2 and as described below:
The sum of the collection and any Administrative Fee components listed in Attachment B shall be
increased or decreased by the amount of the CPI change:
NCC PCC x [1 + 90°fox l{1nCPI + nCPI)/2) — oCPI
oCPI
Where NCC = The new collection and any Administrative Fee components,
adjusted for excise tax on the Administrative Fee, of the
customer rate for a particular service level; and
PCC = The previous collection and Administrative Fee components,
adjusted for excise tax on the Administrative Fee, of the
Customer rate for a particular service level; and
mCPI = The semiannual 2" half CPI average for the previous year (for
the period July 1- December 31, 2017, for example); and
nCPI = The semiannual I' half CPI average for the current year (for
the period January 1- June 30, 2018, for example); and
oCPI = The CPI average value for the previous twelve month period
(for the period July 1, 2016 — June 30, 2017, for example).
For example, using an hypothetical customer rate of $18.52 per month: if the previous CPI
is 143.2, the new CPI is 144.3, then the January 2019 Customer charge for that service
would be:
(144.3-143.2)
New Rate = $18.52 x [ 1+ 90% x ] = $18.64
(143.2)
Thus, the new Customer charge for the hypothetical service would be $18.64.
The City's disposal fee as it exists on the date of execution or as thereafter modified shall also be
itemized separately on Customer invoices. The Contractor shall charge Customers the actual
disposal cost without mark-up.
Administrative Fee Adjustment
In the event the City elects to include an Administrative Fee, the Contractor's service rates shown in
Attachment B shall include the embedded Administrative Fee, which may be adjusted from time to time,
pursuant to Section 4.2. The initial contract rates do not have an Administrative Fee. However, an example
City of Spokane Valley
Comprehensive Drop -box Container Collection
Sunshine Recyclers Inc.
December, 2017
of how the Administrative Fcc may be incorporated is as follows: Assuming an Administrative Fee
corresponding to a 1.O% fee on gross receipts from those Customers, on an original hypothetical service
fee of $49.50 and creating a new rate of $50.00:
Service rate ($49.50 + Administrative Fee ($0.495) + Excise Tax at 1.5% on Administrative Fee
($0.007) = Customer rate of S50.00 (rounded).
In the event the City Administrative Fee is adjusted, the Administrative Fee portion of the Contractor's
Customer rates shall be adjusted in a manner that retains the Contractor's underlying compensation to
ensure that the Contractor remains whole.
City of Spokane Valley
Comprehensive Drop -box Container Collection
Sunshine Recyclers Inc.
December, 2017
Comprehensive Drop -lox Container Collection Contract
City of Spokane Valley
And
Waste Management of Washington, Inc.
April 1, 2018 — March 31, 2028
Comprehensive Drop -box Container
Collection Contract
Table of Contents
RECITALS 1
AGREEMENT 2
DEFINITIONS 2
2. CONTRACTOR REPRESENTATIONS AND WARRANTIES 6
3. SCOPE OF WORK 7
3.1 GENERAL COLLECTION SYSTEM REQUIREMENTS 7
3.1.1 City Service Area 7
3.1.2 Annexation 7
3.1.3 Service to Customers on Private Roads and Driveways 7
3.1.4 Hours/Days of Collection 8
3.1.5 Employee Conduct 8
3.1.6 Holiday Schedules 8
3.1.7 inclement Weather 9
3.1.8 Suspending Collection from Problem Customers 9
3.1.9 Missed Collections 9
3.1.10 Requirement to Recycle; Maintaining Quality Assurance Through Monitoring 10
3.1.11 Vehicle and Equipment Type/Condition/Use 10
3.1.12 Container Requirements and Ownership 11
3.1.12.1 Recyclables Carts for Multifamily Complex Customers 12
3.1.12.2 Detachable Containers and Drop -box Containers 13
3.1.12.3 Ownership 13
3.1.12.4 Container Colors and Labeling 13
3.1.12.5 Container Weights 14
3.1.12.6 Container Removal Upon City or Customer Request 14
3.1.12.7 Container Placement 14
3.1.13 inventory of Equipment, Vehicles, Facilities and Containers 15
3.1.14 Spillage 15
3.1.15 Disruption Due to Construction 15
3.1.16 Contractor Planning and Performance Under Labor Disruption 15
3.1.17 Site Planning and Building Design Review 17
3.1.18 Safeguarding Public and Private Facilities 17
3.1.19 Transition and implementation of Contract 18
3.1.20 Performance Review 18
3.1.21 Continual Monitoring and Evaluation of Operations ...., 18
3.1.22 Collection/Disposal Restrictions 19
3.1.23 Emergency Response 19
3.2 COLLECTION SERVICES 20
3.2.1 Multifamily Complex Recyclables Collection 20
3.2.1.1 Subject Materials 20
3.2.1.2 Containers 20
3.2.1.3 Specific Collection Requirements 20
3.2.2 Drop -Box Container Garbage Collection 20
3.2.2.1 Subject Materials 20
City, of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
Page 2 of 55
3.2.2.2 Containers 21
3.2.2.3 Specific Collection Requirements 21
3.2.3 Temporary (Non -Event) Container Customers 21
3.2.4 Excluded Services 21
3.3 COLLECTION SUPPORT AND MANAGEMENT 21
3.3.1 General Customer Service 21
3.3.2 Specific Customer Service Requirements 22
3.3.2.1 Customer Service Representative Staffing 22
3.32.2 City Customer Service 22
3.3.2.3 Service Recipient Complaints and Requests 22
3.32.4 Handling of Customer Calls 23
3.32.5 Corrective Measures 23
3.32.6 Contractor Internet Website 23
3.3.2.7 Full Knowledge of Garbage and Recyclables Programs Required 24
3.3.2.8 Customer Communications 24
3.3.3 Customer Billing Responsibilities 24
3.3.4 Reporting 26
3.3.4.1 Annual Reports 26
3.3.4.2 Ad Hoc Reports 27
3.3.4.3 Other Reports 27
3.3.5 Promotion and Education 28
3.3.6 Transition to Next Contractor 28
4. COMPENSATION 28
4.1 COMPENSATION TO THE CONTRACTOR 28
4.1.1 Rates 28
4.1.2 Itemization on Invoices 29
4.2 COMPENSATION TO THE CITY 29
4.3 COMPENSATION ADJUSTMENTS 30
4.3.1 Annual CPI Modification 30
4.3.2 Changes in Disposal Processing Sites 31
4.3.3 Other Modifications 31
4.3.3.1 New or Changes in Existing Taxes 31
4.3.3.2 Changes in Service Provision 32
4.4 CHANGE IN LAW 32
5. FAILURE TO PERFORM, REMEDIES, TERMINATION 32
5.1 PERFORMANCE FEES 32
5.2 CONTRACT DEFAULT 34
6. NOTICES 35
7. GENERAL TERMS 36
7.1 COLLECTION RIGHT 36
7.2 ACCESS TO RECORDS 36
7.3 INSURANCE 36
7.3.1 Minimum Scope of Insurance 37
7.3.2 Minimum Amounts of Insurance 37
7.3.3 Other Insurance Provisions 38
7.3.4 Acceptability of Insurers 38
7.3.5 Verification of Coverage 38
7.3.6 Subcontractors 39
7.3.7 ACORD Form 39
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
Page 3 of 55
7.4 PERFORMANCE BOND 39
7.5 INDEMNIFICATION 39
7.6 CONFIDENTIALITY OF INFORMATION 40
7.7 ASSIGNMENT OF CONTRACT 41
7.7.1 Assignment or Pledge of Money by the Contractor 41
7.7.2 Assignment, Subcontracting, Delegation of Duties 41
7.7.3 Merger or Sale of Contractor Operations 42
7.8 LAWS TO GOVERN/VENUE 42
7.9 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 42
7.10 PERMITS AND LICENSES 43
7.11 RELATIONSHIP OF PARTIES 43
7.12 CONTRACTOR'S RELATIONSHIP WITH CUSTOMERS 43
7.13 BANKRUPTCY 43
7.14 RIGHT TO RENEGOTIATE/AMEND 43
7.15 FORCE MAJEURE 44
7.16 ILLEGAL PROVISIONS 44
7.17 WAIVER 45
7.18 INCORPORATION OF CONTRACTOR'S PROPOSAL IN RESPONSE TO CITY'S RFP 45
7.19 DISPUTES RESOLUTION 45
7.20 JURISDICTION AND VENUE 45
7.21 INTERPRETATION OF TIME 45
7.22 ENTIRETY 45
ATTACHMENTS 46
Attachment A: City Service Area
Attachment B: Contractor Rates
Attachment C: Recyclables List
Attachment 0: Rate Modification Example
Attachment E: Insurance Certificates
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2917
Page 4of55
This Comprehensive Drop -box Collection contract (`'Contract') is entered into by and between the City of
Spokane Valley, a code city of the State of Washington (``City"), and Waste Management of Washington,
Inc. ("Contractor"), to provide for the collection of Drop -box Containers containing Garbage from Single-
family Residences, Multifamily Complexes, and Commercial Customers located within the City Service
Area and the additional collection of Recyclables from subscribing Multifamily Complexes Customers that
utilize Drop -box Container Garbage service. This Contract does not govern or authorize collection of
Garbage, Recyclables, or Compostables from Single-family Residences, Multifamily Complexes, or
Commercial Customers by any means other than as provided herein. (Each capitalized term is hereinafter
defined.)
The parties, in consideration of the promises, representations, and warranties contained herein, agree
as follows:
RECITALS
WHEREAS, the City, through adoption of its Solid Waste Management Plan and the cancellation of
previously existing certificates authorizing solid waste collection within the City, has assumed control and
authority over Garbage, Residential Recyclables, and Residential Compostables collection to the extent
provided by law; and
WHEREAS, the City has conducted a competitive process to select one or more contractor(s) to provide
Garbage, Recyclables, and Compostables collection services to residents and Garbage collection services
to businesses, and institutions located within the City Service Area; and
WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City
conducted a thorough and exhaustive competitive process; and
WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City had
the right at any time during the process to reject any or all of the competitors, regardless of their proposals
or prices; and
WHEREAS, having completed the competitive process, the City has selected the best candidates to provide
the services outlined in the competitive process; and
WHEREAS, the Contractor represents and warrants that it has the experience, resources, and expertise
necessary to perform the services as requested in the competitive process; and
WHEREAS, the City had determined that it is in the Cit) -s best interest to split the contract resulting
through the procurement process and award one exclusive contract for collection of Garbage, Recyclables,
and Compostables from Single-family Residences, Multifamily Complexes, and Commercial Customers
by means other than Drop -box Container collection and separate, non-exclusive contracts for Drop -box
Container collection; and
WHEREAS, the City desires to enter into this Contract with the Contractor for the non-exclusive Drop -box
Container services outlined in the competitive process and included below;
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein
contained, the City and Contractor do hereby agree as follows:
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
Page 1 of 55
AGREEMENT
This Comprehensive Drop -box Container Collection Contract (hereafter, "Contract") is made and entered
into this day of , 2017 (hereafter the "Date of Execution"), by and between the City
of Spokane Valley, a corporation code city of the State of Washington (hereafter, the "City"), and Waste
Management of Washington, Inc., a Washington corporation (hereafter, the "Contractor').
DEFINITIONS
All capitalized terms utilized in this Contract arc intended to have the meaning defined in this Section
whether or not the term is defined prior to its use in this Contract. The following definitions apply to the
entirety of this Contract unless it is clear from the context that another definition applies. Words not defined
herein shall be construed as defined in the most current version of Webster -s New Collegiate Dictionary.
All references to time shall be to Pacific Standard Time.
Administrative Fee: The term "Administrative Fee" means a City -defined fee that may be included in
Customer rates charged by the Contractor, with receipts collected from Customers by the Contractor and
remitted to the City as directed in this Contract. The Administrative Fee is separate from and distinct from
any itemized utility, sales or other taxes that may be assessed from time to time.
C&D Waste: The term "C&D Waste" means Garbage resulting from construction, remodeling, repair,
and/or demolition of buildings, houses, roads, or other structures, including, but not limited to, wood, brick,
concrete, rubble, soil, rock, drywall, masonry, roofing, siding, asphalt, structural metal, wire, packaging,
insulation, and other building material.
Cart: The word -Cart" means a Contractor -provided 32/35-, 64-, or 96 -gallon wheeled. Container with
attached lid suitable for collection, storage, and Curbside placement of Rccyclablcs. Carts shall be rodent
and insect resistant.
Change of Control: The term "Change of Control" means any single transaction or series of related
transactions by which the beneficial ownership of more than 50% of the voting securities of the Contractor
is acquired by a person or entity, or by an affiliated group of persons or entities, who as of the effective date
of the Contract do not have such a beneficial interest provided, however, that intra -company transfers, such
as transfers between different subsidiaries or branches of the parent corporation of the Contractor, or
transfers to corporations, limited partnerships, or any other entity owned or controlled by the Contractor
upon the effective date of the Contract, and transactions effected on any securities exchange registered with
the U.S. Securities and Exchange Commission, shall not constitute a Change in Control.
City: The word "City" means the City of Spokane Valley, Spokane County, Washington. As used in the
Contract, use of the term "City" may include reference to the City Manager, or his/her designated
representati ve.
City Service Area: The term "City Service Area" means the service boundaries indicated in Attachment
A as of the Date of Commencement of Service, as revised from time to time in accordance with Section
3.1.2.
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
Page 2 of 55
City Disposal System: The City's Disposal System is the City's designated transfer, transport, and disposal
provider as provided pursuant to contract and as designated within the City's Solid Waste Management
Plan. As of the Date of Execution, the City's Disposal System is provided through Sunshine Recycicrs,
Inc. at the University Transfer Station, located at 2405 North University, Spokane Valley, Washington
99206.
Commercial Customer: The term "Commercial Customer" means non -Residential Customers, including
businesses, institutions, governmental agencies, and all other users of commercial -type Garbage collection
services.
Compostables: The word "Compostables" means Yard Debris and Food Scraps, separately or combined.
Consumer Price Index or CPI: The words "Consumer Price Index" or "CPI" means the Consumer Price
Index for All Items, December 1996=100 for All Urban Consumers (CPI -U), West Size Class B/C, as
published by the United States Department of Labor, Bureau of Labor Statistics. The Parties may refer to
the Bureau of Labor Statistics website or other official source to determine the applicable CPI Index.
Contractor: The word "'Contractor- means Waste Management of Washington, Inc., which has contracted
with the City to collect, transport, and dispose of Garbage contained in Drop -box Containers, and to collect,
process, market, and transport Recyclables from Multifamily Customers who use Drop -box Containers for
their Garbage service.
Contract: means this Contract between the City and Contractor and all mutually adopted amendments
thereto.
Container: The word "Container' means any Cart, Detachable Container, or Drop -box Container used in
the performance of this Contract, and shall include both loose and compacting Containers.
County: The word "County" means Spokane County, Washington State.
Customer: The word "Customer" means all users of the services provided by the Contractor as contained
herein, including property owners, managers, and tenants.
Date of Commencement of Service: The term "Date of Commencement of Service" is April 1, 2018,
which is the date that the Contractor agrees to commence the pro\ ision of collection and other services as
described throughout this Contract.
Date of Execution: The term "Date of Execution" means the date that this Contract is executed by all
signatories.
Detachable Container: The term "Detachable Container" means a watertight metal or plastic container
equipped with a tight -fitting cover, capable of being mechanically unloaded into a collection vehicle, and
that is not less than one cubic yard or greater than eight cubic yards in capacity.
Driveway: The word "Driveway" means a privately -owned and maintained way that connects a Customer's
service location with a Private Road or Public Street.
Drop -box Container: The term "Drop -box Container" means an all -metal container with 10 cubic yards
or more capacity that is loaded onto a specialized collection vehicle.
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Excluded Materials: These materials include waste tires, radioactive, volatile, corrosive, flammable,
explosive, biomedical, infectious, bio -hazardous, regulated medical or Hazardous Waste materials.
Garbage: The word "Garbage'' means all putrescible and non-putrescible solid and semi-solid wastes,
including, but not limited to, rubbish, cold bagged ashes, industrial wastes, swill, demolition and
construction wastes, dead small animals completely wrapped in plastic and weighing less than 15 pounds,
and discarded commodities that are placed by Customers in appropriate Containers, bags, or other
receptacles for collection and disposal by the Contractor. Needles or "sharps" shall be included in the
definition of Garbage to the extent they are allowed to be disposed of lawfully pursuant to current Spokane
County Regional Health District rules and policy. The term Garbage shall include C&D Waste, but shall
not include Excluded Materials, Source -separated Recyclablcs or Source -separated Compostables.
Hazardous Waste: The term "Hazardous Waste" means any hazardous, toxic, or dangerous waste,
substance, or material, or contaminant, pollutant, or chemical, known or unknown, defined or identified as
such in any existing or future local, state, or federal law, statute, code, ordinance, rule, regulation, guideline,
decree, or order relating to human health or the environment or environmental conditions, including but not
limited to any substance that is:
A. Defined as hazardous by 40 C.F.R. Part 261.3 and regulated as hazardous waste by the United
States Environmental Protection Agency under Subtitle C of the Resource Conservation and
Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and
Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601
et seq.; or any other federal statute or regulation governing the treatment, storage, handling, or
disposal of waste imposing special handling or disposal requirements similar to those required by
Subtitle C of RCRA;
B. Defined as dangerous or extremely hazardous by WAC 173-303-040 and regulated as dangerous
waste or extremely hazardous waste by the Washington State Department of Ecology under the
State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State
statute or regulation governing the treatment, storage, handling, or disposal of wastes and imposing
special handling requirements similar to those required by Chapter 70.105 RCW; and
C. Any substance that comes within the scope of this definition as determined by the City after the
Date of Execution of this Contract.
Any substance that ceases to fall within this definition as determined by the City after the Date of Execution
of this Contract shall not be deemed to be Hazardous Waste.
Multifamily Complex: The term "Multifamily Complex" means multiple -unit Residences with five or
mare attached or unattached units billed collectively for Garbage collection service.
Office Hours: The term "Office Hours" means the period 8:00 am to 5:00 pm, Pacific Standard Time
Monday through Friday and 9:00 am to 1:00 pm, Pacific Standard Time on Saturdays.
On-call: The term "On-call" means the provision of specified services only upon direct telephone, written,
or e-mailed request of the Customer to the Contractor.
Private Road: The term "Private Road" means a privately -owned and maintained way that allows for
access by a service vehicle and that serves multiple Customers.
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Public Street: The term "Public Street" means a public right-of-way used for public travel, including public
alleys.
Putrescible Waste: The term "Putresciblc Waste" means Garbage that contains organic matter capable of
being decomposed by microorganisms, and of such a character and proportion as to cause obnoxious odors
and to be capable of attracting or providing food for animals, including but not limited to food waste, used
diapers and pet waste.
Recycling: The word -Recycling- refers to the preparation, collection, transport, processing, and marketing
of Recyclables.
Recyclables: The word "Recyclables- means the materials designated as being part of a MuItifamiIy
Complex Residential Recycling collection program, as listed in Attachment C.
Residence/Residential: The words "Residence" or "Residential" mean a living space with a kitchen that
is individually rented, leased, or owned.
Single-family Residence: The term "Single-family Residence" means (1) all one -unit houses, duplexes,
triplexes, four-plexes, and mobile homes, that are billed collectively or individually, and (2) all multi -unit
Residences with five -or more attached or unattached units that are billed individually, located on a Public
Street or Private Road.
Source -separated: The term "Source -separated" means certain reclaimable materials that are separated
from Garbage by the Customer for recycling or reuse, including but not limited to Recyclables.
Strike Contingency Plan: The term "Strike Contingency Plan" means the plan that the Contractor will
develop pursuant to Section 3.1.16 of this Contract.
Transition and Implementation Plan: The term "Transition and Implementation Plan" means the plan
that the Contractor will develop pursuant to Section 3.1.19 of this Contract.
WUTC: The term "WUTC" means the Washington Utilities and Transportation Commission.
1. TERM OF CONTRACT
The term of this Contract is ten years, starting on the Date of Commencement of Service and ending
midnight March 31, 2028. The City may, at its sole option, extend the Contract up to two additional two-
year extensions. Any extension granted shall be under the original terms and conditions of this Contract -
along with any amendments that exist at the time of the extension. To exercise the option to extend this
Contract, written notice shall be given by the City to the Contractor at least 180 days prior to the expiration
of the Contract term. With the Contractor's written consent, the requirement of 180 days prior notice of
exercise of the City's option to extend may be waived in any instance.
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December, 2017
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2. CONTRACTOR REPRESENTATIONS AND WARRANTIES
The Contractor represents and warrants to the City as follows:
• Organization and Qualification. The Contractor is duly incorporated, validly existing, and in good
standing under the laws of the state of Washington, and has all requisite corporate power and
authority to enter into and to perform its obligations under this Contract.
• Authority. The Contractor has the authority to execute this Contract, to make the representations
and warranties set forth in it, and to perform the obligations of the Contractor under this Contract
in accordance with its terms. This Contract has been validly executed by an authorized
representative of the Contractor, and constitutes a valid and legally binding and enforceable
obligation of Contractor.
• Government Authorizations and Consents. The Contractor has or will obtain at its sole cost prior
to the Date of Commencement of Service any such licenses, permits, and other authorizations from
federal, state, and other governmental authorities, as are necessary for the performance of its
obligations under this Contract.
• Compliance With Laws. The Contractor is not in violation of any applicable laws, ordinances, or
regulations, which may impact the Contractor's ability to perform its obligations under this Contract
or which may have any impact whatsoever on the City. The Contractor is not subject to any order
or judgment of any court, tribunal, or governmental agency that impacts its operations or assets or
its ability to perform its obligations under this Contract.
• Accuracy of Information. None of the representations or warranties in this Contract, and none of
the documents, statements, reports, certificates, or schedules furnished or to be furnished by the
Contractor pursuant hereto or in connection with the performance of the obligations contemplated
under this Contract, at any time contain or will contain untrue statements of a material fact or
omissions of material facts.
• Independent Examination. In accepting these responsibilities, the Contractor represents and affirms
that it has made its own examination of all conditions affecting the performance of this Contract,
currently and into the future, and of the quantity, quality, and expense of labor, equipment, vehicles,
facilities, properties, materials needed, and of applicable taxes, permits, and applicable laws. The
Contractor affirms that within the City Service Area it is aware of the present placement and
location of all Containers. The Contractor represents and warranties that it is capable of continuing
to collect all Containers from their present locations, and that it is capable of providing service to
and collection of Containers in any areas of the City Service Area that may be built out or developed
during the term of this Contract.
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3. SCOPE OF WORK
3.1 General Collection System Requirements
3.1.1 City Service Area
The Contractor shall provide all services pursuant to this Contract throughout the entire City Service Area.
3.1.2 Annexation
lf, during the term of the Contract, additional territory is added to the City through annexation or other
means within which the Contractor has an existing WUTC certificate or other franchise for solid waste
collection at the time of annexation, the Contractor shall, from the date of annexation, make collection in
the anncxcd arca in accordance with the provisions of this Contract at the unit prices set forth in this
Contract.
This Contract is in lieu of a franchise as provided in RCW 35A.14.900. The Contractor agrees that its
WUTC certificate(s) applicable to those areas (if any) shall be cancelled effective on the date of annexation
by the City. The Contractor expressly waives and releases its right to claim any and all damages or
compensation from the City, its officers, agents, or assigns arising out of the cancellation of any pre-existing
permit or franchise held by the Contractor prior to annexation, and further specifically waives the right to
receive any additional compensation or any rights of collection in the newly annexed territory. The term
during which the Contractor shall service any future annexation areas shall be seven years from the date of
annexation, notwithstanding the term set forth in Section 1 of this Contract.
If additional territory is added to the City through annexation within which the Contractor does not have an
existing WUTC certificate or other franchise for Garbage or other collections and that annexed area is
served by another certificated hauler, then, the Contractor agrees to make collections in such annexed areas
in accordance with the provisions of this Contract at the unit price set forth in this Contract solely upon
written notification from the City. The City shall negotiate a separate franchise with that certificated hauler
as authorized by State law and shall authorize the Contractor to service that newly annexed area at such
time as may be authorized by State law and this Contract.
In the event that additional territory is added to the City Service Area, the City acknowledges that
equipment, such as Contract -compliant vehicles and Containers, may take time to procure; and therefore,
shall not charge performance fees as outlined in Section 5.1 to the Contractor for reasonable delays in the
provision of services to anncxcd areas covered by this section due to procurement delays that are not within
the control of the Contractor.
3.1.3 Service to Customers on Private Roads and Driveways
The Contractor shall provide service to all Customers located on Private Roads, except as noted in this
Section.
In the event that the Contractor believes that a Private Road cannot be safely negotiated, the Contractor
may request the City to evaluate on-site conditions and make a determination of the best approach for
providing safe and appropriate service to the Customer. The City's determination shall be final, provided
that the Contractor shall not be required to endanger workers, equipment, or property.
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If the Contractor believes that there is a probability of Private Road or Driveway damage, the Contractor
shall inform the respective Customers and may require a road damage waiver agreement in a form
previously approved by the City. In such event, if the Customers refuse to sign such a road damage waiver,
the Contractor may decline to provide service on those Private Roads or Driveways, and the Customers will
only be serviced from the closest Public Road access. Such determination that damage is probable must be
approved in writing by the City prior to any action or refusal of service by the Contractor.
3.I.4 Hours/Days of Collection
All collections from Single-family Residential Customers and Residential zones shall be made between the
hours of 6:00 a.m. and 6:00 p.m. on a weekday, unless the City authorizes a temporary extension of hours
or days. Saturday collection is allowed to the extent consistent with missed collection recovery, holiday and
inclement weather schedules, or as approved by the City and shall occur during the same hours as weekday
Residential collection.
Collections from Commercial Customers within Commercial zones may be made at any time provided that
service to those Customers shall not disturb Residential Customers in adjoining or mixed Residential zoned
areas. Collections from Commercial Customers within audible distance of Residential Customers outside
of Commercial zones shall be made only between the hours of 6:00 a.m. and 6:00 p.m., and no earlier than
7:00 a.m. on Saturday. Exemptions to the hour requirements may be granted in writing in advance by the
City to accommodate the special needs of Commercial Customers where allowed by the City's noise code.
The City's noise ordinance, as amended from time to time, may further restrict these terms and hours of
collection. Collections from Commercial Customers shall occur based on Customer needs and prior
arrangement Monday through Saturday.
3.1.5 Employee Conduct
The Contractor's employ ces collecting Garbage or Recyclables shall at all times be courteous, refrain from
loud, inappropriate or obscene Language, exercise due care, perform their work without delay, minimize
noise, and avoid damage to public or private property. Non private property, Contractor employees shall
follow the regular pedestrian walkways and paths, returning to the street after replacing empty Containers.
Contractor employees shall not trespass or loiter, cross flower beds, hedges, or property of adjoining
premises, or meddle with property that does not concern them or their task at hand. While performing work
under the Contract, Contractor employees shall wear a professional and presentable uniform with an
identifying name badge and company emblem visible to the average observer. At the City's option and
direction, Contractor employees shall work with groups or organizations, such as neighborhood community
organizations, homeowner associations, or the City's Police, and other agencies providing utilities and
services (e.g., Fire) for training to recognize and call the appropriate agency when suspicious activities or
when street or utility deficiencies are observed.
If any person employed by the Contractor to perform collection services is, in the opinion of the City,
incompetent, disorderly, or otherwise unsatisfactory, the City shall promptly document the incompetent,
disorderly, or unsatisfactory conduct in writing and transmit the documentation to the Contractor with a
demand that such conduct be corrected. The Contractor shall promptly investigate any written complaint
from the City regarding any unsatisfactory performance by any of its employees and take immediate
corrective action. If the offending conduct is repeated, the City may require that the person be removed
from all performance of additional work under this Contract. In that event, the Contractor shall immediately
remove that person from further performance of work under this Contract.
3.1.6 Holiday Schedules
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The Contractor shall observe the same holiday schedule as does the City's Disposal System. When those
holidays fall on a regular collection day, the Contractor shall reschedule the remainder of the week of
regular collection to the next succeeding business day, which shall include Saturdays. The Contractor may
not collect Garbage or, as may be applicable, Recyclables earlier than any regularly scheduled collection
day due to a holiday, unless specifically authorized by the Customer. Holiday information shall be included
in written program materials, on the Contractor's web site, and via press releases to general news media in
the Spokane Valley area by the Contractor the week prior to the holiday affecting service.
3.1.7 Inclement Weather
The Contractor shall provide all collection services unless weather conditions are such that continued
operation would result in danger to the Contractor's staff, area residents, or property. In that event, the
Contractor shall collect only in areas that do not pose a danger. The Contractor shall notify the City by e-
mail or phone (at the City's option) of the areas not to be served by 6:00 a.m. on the same business day if
adverse conditions develop overnight or within one hour if adverse conditions develop during the workday
after 6:00 a.m. Once Contractor vehicles are on -route, areas intentionally missed due to hazardous
conditions and not previously reported to the City, shall be approved by a route supervisor and reported to
the City not later than 12:00 p.m. (noon) on the same business day. The Contractor shall provide notification
calls, texts, or e-mails (at Contractor's preference) to all missed Customers by 3:00 p.m., including
information on when their next collection is expected.
Weather policies shall be included in program information provided to Customers. On each inclement
weather day, the Contractor shall release notices by 6:00 a.m. to the Contractor's website, local print and
electronic media notifying residents of the modification to the collection schedule. The City may specify
additional media outlets for Contractor announcements at the City's discretion.
3.1.8 Suspending Collection from Problem Customers
The City and Contractor acknowledge that some Customers may cause disruptions or conflicts that make
continued service to that Customer unreasonable. Those disruptions or conflicts may include, but not be
limited to repeated damage to Contractor -provided Containers, repeated suspect claims of timely set -out
followed by demands for return collection at no charge, repeated unsubstantiated claims of Contractor
damage to a Customer's property, abusive and/or threatening language on the Customer's part, or other
such problems.
The Contractor shall make every reasonable effort to provide service to those problem Customers. if the
problem continues, the Contractor may deny or discontinue service to a problem Customer after prior
written notice is given to the City of the intent to deny or discontinue service, including the name, service
address, reason for such action, and if reasonable efforts to accommodate the Customer and provide services
have occurred and failed. If the Customer submits a written letter or e-mail to the City appealing the
Contractor decision, the City may, at its discretion, intervene in the dispute. In this event, the decision of
the City shall be final. The City may also require the denial or discontinuance of service to any Customer
who is abusing the service or is determined to be ineligible.
3.1.9 Missed Collections
If Garbage or Recyclables are set -out inappropriately, improperly prepared, or contaminated with
unacceptable materials, the Contractor shall either contact the Customer or place in a prominent location a
written notification tag that identifies the specific problem(s) and reason(s) for rejecting the materials for
collection. Failure to contact the Customer or provide proper written notification to Customers of the reason
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for rejecting materials for collection shall be considered a missed collection and subject to performance
fees due to lack of proper Customer notification.
The failure of the Contractor to collect Garbage or Recyclables that have been set -out by a Customer in the
proper manner on the appropriate day shall be considered a missed collection, and the Contractor shall
collect the materials from the Customer on the same day if notified of the missed collection by 3:00 PM on
the day of the miss, otherwise the collection shall occur on the next day. Customers giving notice after 3:00
PM Friday shall receive a make-up collection the following Monday. The Contractor shall maintain a record
of all calls related to missed collections and the response provided by the Contractor. Such records shall be
made available for inspection upon request by the City, and the information shall be included in annual
reports. (See Reporting requirements set forth in Section 3.3.4).
If the Contractor is requested by the Customer to make a return trip due to no fault of the Contractor, which
the Contractor can prove through documentation (c.g. the Containers were not placed at the curb on-time
and the driver documented that fact in a log, with a photograph, etc.), the Contractor shall be permitted to
charge the Customer an additional return trip fee for this service, provided the Contractor notifies the
Customer of this charge prior to and on the same day of the return trip, and the Customer agrees to payment
of the return trip fee. The Contractor shall not be liable for a missed collection in such case.
3.1.10 Requirement to Recycle; Maintaining Quality Assurance Through Monitoring
The Contractor shall recycle all Source -separated Recyclables collected unless express prior written
permission is provided by the City. The Contractor shall use vehicles and processing systems that minimize
unnecessary breakage and cross -contamination of materials. The landfilling, incineration, or other disposal
of uncontaminated Source -separated Recyclables by the Contractor is expressly prohibited without the
express prior written approval of the City.
A Container with visually obvious contaminants included with Source -separated Recyclables shall not be
collected, and the Container shall be left with either (1) a prominently displayed written notification tag,
or (2) with the Contractor contacting the Customer directly, explaining the reason for rejection and stating
that the Customer may either remove the contaminated materials to meet the standards for Recyclables or
that if the contaminated materials are not removed, the Container shall be collected on the next regular
collection cycle as Garbage at the rate specified in Attachment B to the City's Comprehensive Garbage,
Recyclables, and Compostables Contract with Waste Management of Washington, Inc., executed June 29,
2017, for "Commercial Detachable Container (loose) - Extra loose cubic yard in container, per pickup" as
the same may be adjusted from time to time. In either case, materials shall be collected on the next regular
collection cycle unless the Customer pays for a return trip.
The Contractor may change the day of Multifamily Complex collection by giving at least 14 days written
notice of the pending collection day change to the affected Customers.
3.1.11 Vehicle and Equipment Type/Condition/Use
The Contractor shall use collection vehicles that are presentable, are in safe working condition, and are
subject to all other conditions of this Section. The Contractor shall keep maintenance reports for each
collection vehicle and provide these upon request by the City. The accumulated annual use of individual
back-up vehicles shall be reported in the Contractor's annual report.
Vehicles shall be maintained in a clean and sanitary manner, and shall be thoroughly washed at least once
each week unless adverse weather conditions preclude washing. All collection equipment shall have
appropriate safety markings, including all highway lighting, flashing and warning Iights, clearance lights,
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and warning flags, all in accordance with current statutes, rules and regulations. Equipment shall be
maintained in good condition at all times. Vehicles shall be repainted upon showing rust on the body or
chassis. All parts and systems of the collection vehicles shall operate properly and be maintained in a
condition compliant with all federal, state, and local safety requirements and be in a condition satisfactory
to the City. All vehicles shall be equipped with variable tone or proximity activated reverse movement
back-up alarms.
The Contractor shall maintain collection vehicles and Containers to ensure that no liquid wastes (e.g.
Garbage leachate) or oils (e.g. lubricating, hydraulic or fuel) are discharged to Customer premises or City
streets. All collection and route supervisor vehicles used by the Contractor shall be equipped with a spill
kit sufficient in size to contain a complete spill from the largest liquid tank on the collection vehicle. Any
equipment not meeting these standards shall not be used within the City Service Area until repairs are made.
Any discharge of liquid wastes or oils that may occur from Contractor's vehicles or Containers, prior to
thein being removed from service, shall be cleaned -up or removed within three hours of being noticed by
route staff, Customers or the City, and shall be remediated by the Contractor at its sole expense. Such clean-
up or removal shall be documented with pictures, and notice of such clean-up or removal shall be provided
to the City in writing. The Contractor shall immediately notify the City by calling the Senior Engineer to
notify of any spills that enter drainages. Failure by the Contractor to clean-up or remove the discharge in a
timely fashion to the satisfaction of the City shall be cause for performance fees, as described in Section
5.1. The Contractor shall notify the City and Customer of any leakage from non -Contractor -owned
Containers immediately, in order to address those spills in a timely manner.
The Contractor shall maintain all vehicles used in the City Service Area in a manner intended to achieve
reduced noise levels, operating cost, and fuel use. All collection vehicles shall be operated in a manner to
avoid extended idling.
The Contractor's name, logo, customer service telephone number and website address shall be clearly
identified on. Contractor's vehicles. No additional advertising shall be allowed on Contractor vehicles
unless previously approved in writing by the City. Special promotional messages may be permitted by the
City provided they are either painted directly on vehicles or on special placards attached to vehicles. City
approval shall be in writing and solely within the City's discretion.
All Contractor route, service, and supervisory vehicles shall be equipped with properly licensed two-way
communication equipment. The Contractor shall maintain a base station or have equipment capable of
reaching all collection areas. Collection vehicles shall also be equipped with back-up cameras.
A vehicle not meeting the requirements of this Section and the Contract shall be removed and not used in
the City until such time as it is brought into compliance.
3.1.12 Container Requirements and Ownership
All Recyclables collection services provided under this Contract specifically include the costs of the
associated Recycling Container. The cost of rental of Contractor -provided Drop -box Containers is
authorized at the rates contained in Attachment B, as the same may be adjusted pursuant to Section 4 of
this Contract.
Customers shall use Contractor -provided Drop -box Containers for Garbage collection service, provided
that Customers may use their own or leased compacting Drop -box Containers. The Contractor shall handle
any Customer -owned Garbage Drop -box Container in such a way as to prevent undue damage. The
Contractor shall be responsible for unnecessary or unreasonable damage to Customer -owned Drop -box
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Containers. Customers shall use Contractor -provided Carts and Containers for Recyclables collection
service.
Customers may elect to own or secure Drop -box. Containers used for compacting purposes from other
sources, and shall not be subject to discrimination by the Contractor in collection services on that account.
However, Drop -box Containers used for compacting purposes owned or secured by Customers shall be
capable of being serviced by the Contractor's collection vehicles to be eligible for collection. The
Contractor shall provide labels and collection service for compatible Customer -owned or -secured Drop -
box Containers used for compacting purposes. The Contractor is not required to service Customer Drop -
box Containers used for compacting purposes that are not compatible with the Contractor's equipment. In
the event of a dispute as to whether a particular Drop -box Container used for compacting purposes is
compatible, the City shall make a final determination.
3.1.12.1 Recyclables Carts for Multifamily Complex Customers
The Contractor shall procure and maintain a sufficient quantity of Containers to service the City's
Multifamily Customer base, including seasonal and economic variations in Container demand. Faiture to
have a Container available when required by a Customer shall subject the Contractor to performance fees,
as provided in Section 5.
The Contractor shall offer 32/35, 64 and 96 -gallon Recyclables Carts for Multifamily Complex Recyclables
collection serving subscribing Multifamily Complex Customers utilizing Drop -box Containers as their sole
source for Garbage collection and subscribing for Recycling unless the use of a Detachable Container for
Recyclables is more appropriate for the volume handled at that site. All Carts shall be manufactured from
a minimum of 10% post -consumer recycled plastic, with a lid that will accommodate a Contractor affixed
screening or label. Carts shall be provided to requesting Customers within seven days of the Customer's
initial request.
Replacement Carts and Carts provided to new Customers during the term of the Contract may be previously
used, but shall be clean, in good condition and with new or near -new instructional decals with information
relevant to Spokane Valley in-place prior to Cart distribution.
All Contractor -provided Carts shall be maintained by the Contractor in good condition for material storage
and handling; contain no jagged edges or holes; contain wheels or rollers for movement; and be equipped
with an anti-skid device or sufficient surface area on the bottom of the container to prevent unwanted
movement. The Carts shall contain instructions for proper use, including any Customer actions that would
void manufacture warranties (such as placement of hot ashes in the container causing the container to melt),
and procedures to follow to minimize potential fire problems.
Collection crews shall note damaged hinges, holes, poorly functioning wheels, and other similar repair
needs for Contractor -provided Carts and forward written or electronic repair notices that day to the
Contractor's service personnel. Cart repairs shall then be made within seven days at the Contractor's
expense. Any Cart that is damaged or missing on account of an accident, act of nature or the elements, fire,
or theft or vandalism by a third party shall be replaced not later than three business days after notice from
the Customer or City.
In the event that a particular Customer repeatedly damages a Cart or requests more than one replacement
Cart more frequently than a time period allowing for reasonable wear and tear during the term of the
Contract or due to negligence or misuse, the Contractor may charge the Customer for the depreciated value
of the Cart, based on 1O -year straight-line depreciation, and shall forward in writing the Customer's name
and address to the City with a full explanation of incident(s). In the event that the problem continues, the
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Contractor may discontinue service to that Customer, provided the City gives previous written approval
specific to that Customer.
3.1.12.2 Detachable Containers and Drop -box Containers
The Contractor shall furnish and install appropriately sized Detachable Containers for Recyclables at
subscribing Multifamily Complex Recycling sites where Carts are not appropriate, and 10-, 20-, 30-, and
40 -cubic yard un -compacted Drop -box Containers to any Customer who requires their use for storage and
collection of Garbage within three days of the Customer's request. Containers shall be located on the
premises in a manner satisfactory to the Customer and for collection by the Contractor and shall indicate
the Container size and day of collection.
The Contractor shall charge rent for temporary and permanent Drop -box Container service in accordance
with the rates listed in Attachment B. The Contractor may not charge Customers any other fees, charges,
rates, or any expenses in connection with Drop -box Container service other than those Multifamily
Complex Recycling fees and/or rental rates listed in Attachment B.
Detachable Containers shall be watertight and equipped with tight -fitting metal or plastic covers; have four
wheels for Containers 3 -cubic yards and under unless otherwise requested by a Customer; be in good
condition for Recyclables storage and handling; be safe for the intended use; and, have no leaks, jagged
edges, or holes. Drop -box Containers shall be all -metal, and if requested by a Customer, equipped with a
tight -fitting screened or solid cover operated by a winch in good repair. If non -lidded Drop -boxes are used
by the Contractor, the Contractor shall equip its vehicles with tarping systems to ensure that materials are
not spilled during transport.
Detachable Containers shall be cleaned, reconditioned, and repainted (if necessary) before being supplied
to a Customer who has not used it earlier. The Contractor shall provide an On-call Container cleaning
service to Customers. The costs of On-call cleaning shall be billed directly to the Customer in accordance
with Attachment B.
As between the Contractor and the City, all Containers on Customers' premises are at the Contractor's risk
and not the City's. The Contractor shall repair or replace within one business day any Container that was
supplied by or taken over by the Contractor and was in use if the City, local health department inspector,
or other agent having safety or health jurisdiction determines that the Container fails to comply with
reasonable standards or constitutes a health or safety hazard.
3.1.12.3 Ownership
All Contractor -owned Containers used by the Contractor to provide Contract collection services, shall
remain the sole property of the Contractor during and upon the termination of this Contract.
3.1.12.4 Container Colors and Labeling
Contractor -provided Containers used for the collection of Multifamily Complex Recyclables, shall be blue;
provided that any existing Multifamily Complex Recycling Containers that are colors other than blue shall
not be required to be changed until they are replaced due to the end of their useful life, at which time the
new Container shall be blue. Contractor -provided Containers used for the collection of Garbage shall be
green, unless otherwise approved by the City. Specific Container colors shall be approved in writing by the
City prior to the Contractor's order of new Containers.
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All Contractor -provided Containers to be used for Garbage collection shall have materials preparation
instructions and telephone/contact information, including both a customer service phone number and a
website address, either screened or printed on a sticker, all subject to the prior written approval of the City.
All Containers to be used for Garbage shall have labeling affixed that states: "Leaky dumpster? Damaged
Lid?" and provides a phone number to call for repair or replacement. Information shall be printed in a size
that is easily read by the users, on durable UV -resistant label stock squarely affixed to each Container. All
labels shall be approved in writing by the City prior to ordering by the Contractor. Individual Containers
with faded or damaged paint shall be repainted upon City or Customer request.
Contractor -provided Containers used for the collection of Recyclables from subscribing Multifamily
Complex Recycling Customers utilizing Drop -box Container Garbage Collection shall be relabeled by the
Contractor once every five years or upon Customer or the City's request for any particular Container. The
City may waive the five-year mandatory relabeling requirement, at its sole option, for Containers with
particularly long-lasting stickers. Labels and molded or screened information on all other Containers shall
be replaced by the Contractor when faded, damaged, or upon City or Customer request.
For Contractor -provided Containers, the Contractor shall within three days cover graffiti with paint that
closely matches the Containers existing paint or color, when notified by the City or Customer. The
Contractor may choose to replace Containers and perform maintenance at its own site or provide the over -
painting at the Customer's site, but shall not charge the City or Customer for this service.
3.1.12.5 Container Weights
No specific weight restrictions are provided for Containers; however, the Contractor shall not be required
to lift or remove materials from a Container exceeding the safe working capacity of the collection vehicle.
The combined weight of Drop -Box and contents shall not cause the collection vehicle to exceed legal road
weight limits.
3.1.12.6 Container Removal Upon City or Customer Request
The Contractor shall remove all Containers upon three days of specific Customer, property manager,
property owner, or City request or cancellation by the Contractor. The contents of Containers removed after
a Customer's final pick-up shall be managed as if they were collected as a regular pick-up (e.g. Garbage
shall be disposed of and Recyclables shall be recycled) at the Contractor's, not Customer's cost. Failure to
remove Containers within the specified timeline shall be subject to the same performance fees as delayed
Container delivery for that Customer sector.
3.1.12.7 Container Placement
The Contractor shall provide Container placement direction to Customers to minimize the blocking of
sidewalks in such a way that might hinder or block pedestrians. The Contractor shall return Containers to
the same location once emptied.
The Contractor shall collect from areas mutually agreed upon by the Contractor and Customer with the least
slope and best vehicle access possible. For Customers that must stage their Containers on Public Streets or
on significantly sloped hills, the Contractor shall make a good faith effort to work with the Customer to
ensure that the Containers are not left unattended in problematic staging areas and are sufficiently restrained
such that the Container may not roll and cause harm to persons or property. The Contractor may require the
Customer to attend to the Containers immediately prior to and after collection. Any disputes arising between
the Contractor and the Customer as to what constitutes a -significantly sloped hill" or a "safety hazard"
shall be submitted in writing to the City, and the City's decision shall be final. The Contractor's crews shall
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make collections in an orderly and quiet manner, and shall return Containers after emptying to the same
location as found, with their lids closed.
3.1.13 Inventory of Equipment, Vehicles, Facilities and Containers
The Contractor shall provide to the City, on the Date of Commencement of Service of this Contract, a
complete inventory of the vehicles and facilities to be used in the performance of this Contract. The
inventory shall include each vehicle (including chassis model year, type, capacity, model, and vehicle
identification number) and each facility to be used in performance of this Contract (including address and
purpose of the facility. The Contractor may change vehicles and facilities from time to time, and shall
include the revised inventory in the annual report provided for in Section 3.3.4.1. The Contractor shall
maintain vehicles and facilities levels during the performance of this Contract at least equal to those levels
described in the initial inventory.
3.1.14 Spillage
All loads collected by the Contractor shall be completely contained in collection vehicles at all times, except
when material is actually being loaded. Hoppers on all collection vehicles shall be cleared frequently to
prevent the occurrence of blowing, leakage, or spillage.
Any leakage or spillage of materials that occurs during collection shall be immediately cleaned up or
removed by the Contractor at its sole expense. The Contractor shall document the leakage or spillage,
including taking pictures before and after clean-up or removal, and shall provide this documentation to the
City. Leakage or spillage not immediately cleaned up or removed by the Contractor shall be cause for
performance fccs, as described in Section 5.1. Should a leakage or spillage occur during collection,
Contractor shall notify the City immediately by calling the City's Senior Engineer and, likewise, expressly
acknowledges it is solely responsible for any local, state, or federal violations, which may result from said
leakage or spillage.
Any Contractor -supplied. Container observed by the Contractor, Customer or City to be leaking shall be
replaced by the Contractor within one business day of the Contractor's observation. Customer request or
notification from the City. In the event that leakage from Customer -owned Containers or Containers leased
from third parties is observed by the Contractor, the Contractor shall immediately inform the City and
Customer of the leakage.
3.1.15 Disruption Due to Construction
The City reserves the right to construct any improvement or to permit any such construction in any street
or alley in such manner as the City may direct, which may have the effect for a time of preventing the
Contractor from traveling the accustomed route or routes for collection. The Contractor shall, however, by
the most expedient manner, continue to collect Garbage and Recyclables to the same extent as though no
interference existed upon the streets or alleys normally traversed. This shall be done at no extra expense to
the City or the Contractor's Customers. In the event of complete blockage, making any collection area(s)
completely inaccessible, the Contractor may request City permission to collect double loads the following
week and failure to make collection shall not constitute a missed collection pursuant to Section 3.1.10.
3.1.16 Contractor Planning and Performance Under Labor Disruption
If the Contractor's employees are covered by an organized labor agreement, then no later than 90 days prior
to the expiration of any labor agreement associated with services performed under this Contract, the
Contractor shall provide the City with its planned response to labor actions that could compromise the
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Contractor's performance under this Contract. The Contractor -prepared Strike Contingency Plan shall
address in detail:
1. The Contractor's specific staffing plan to cover Contract services, including identification of staff
resources moved from out -of -arca operations and the use of local management staff to provide
basic services. The staffing plan shall be sufficient to provide recovery of full operations within
one week following the initiation of the disruption.
2. Contingency training plans to ensure that replacement and management staff who are operating
routes are able to continue to collect route data and follow collection and material delivery
procedures for all material streams collected from. Customers.
3. A recovery plan to address how materials will be collected in the event of a short -notice disruption
that does not allow the Contractor to collect all materials on their regular schedule (e.g. a wildcat
strike) within one week following the initiation of the disruption.
The Contractor shall keep the City informed of the status of active labor negotiations on a daily basis. In
the event that labor disruptions of any kind cause reductions in service delivery, the Contractor shall inform
the City within four hours by phone and e-mail of the nature and scope of the disruption, as well as the
Contractor's immediate plans to activate any part of or its entire Strike Contingency Plan. At the close of
each service day during a labor disruption, the Contractor shall report to the City via e-mail the areas (per
a detailed map) and customer counts of served and un -served customers by material stream and service
sector.
In the event that a disruption lasts more than one week and Contractor cannot provide service to affected
Customers, Customers may seek service from other haulers. Contractor shall be entitled to collect payment
only for such services as it has actually provided.
The City and Contractor agree that the following special City compensation and performance fees reflect
the best estimate of the impacts of the labor disruption to Customers and the City. The Contractor shall pay
the City monthly by the tenth day of the following month:
1. An amount equal to the Administrative Fee reduction due to the Customer credits for reduction in
service so that the City does not experience any Administrative Fee revenue loss due to those
Customer credits.
2. An additional City cost reimbursement amount of $500 for each day of labor disruption to
reimburse City staffing and other costs for managing the impacts of the labor disruption;
3. A performance fee of $1,000 per day for each day of labor disruption from the 151 day to the 7`h day
of the labor disruption;
4. A performance fee of $2,000 per day for each day of Labor Disruption from the 8h day to 14th day
of the labor disruption; and
5. A performance fee of $5,000 per day for each day of Labor Disruption for every day beyond the
14th day of labor disruption.
The performance fees listed as 3 through 5, above, are intended to apply to any complete work stoppage
where alternative, but substantially equivalent service by non -striking employees or otherwise, is not
provided by the Contractor. In the event substantially equivalent service is provided by the Contractor
through the employment of non -striking employees or otherwise at any point during the course of the labor
disruption, the Contractor is entitled to reduce the amount of the daily performance fees that otherwise
would be due on a pro -rata basis, based on the percentage of Customers receiving substantially equivalent
service on that day. Given the nature of the failure arising from labor disruptions, the Contractor shall not
be allowed any cure period opportunity or rectification process.
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The Contractor's failure to comply with the Contractor -prepared Strike Contingency Plan of this section, if
required, shall be subject to a special fee of $1,000 per day for its non-compliance during the labor
disruption event. This special fee is separate compensation to the City for the Contractor's failure to plan
and execute the provisions of this section. The special fee shall be paid to the City within 30 days of the
Contractor's receipt of the City invoice.
Fees paid by the Contractor under the terms of this Section 3.1.16 are not regular performance fees for the
purposes of Section 5, and shall not be counted in the cwnulativc performance fee default threshold
referenced in Section 5.2. The City may elect to waive or receive the equivalent value of additional services,
as negotiated, in lieu of the specific performance fees itemized in this section.
3.1.17 Site Planning and Building Design Review
The Contractor shall, upon request and without additional cost, make available assistance with site planning
and building design review to either the City and/or property owners/managers. The assistance shall be
available for all new construction or remodeling of buildings and structures within the City Service Area.
Contractor planning assistance for optimizing loading docks and other areas shall also be available for
existing building owners/managers when realigning Garbage and, as may be appropriate, Recyclables
services. All assistance shall be provided by the Contractor in a timely manner so as to not delay the
planning and review process.
Assistance shall include, but not be limited to reviewing and providing comments on building designs and
site plans to ensure that those designs and plans incorporate:
• Garbage and as may be appropriate, Recyclables removal areas and their location upon the site of
the proposed construction or remodeling project;
• adequate floor and vertical space for the storage and collection of Containers for all materials;
• adequate access for vehicles to collect and empty Containers, including overhead clearance,
turning radius, and access that does not require backing across sidewalks or violating any City
code;
• avoidance of surface water drains and ditches when considering Container locations and
developing strategies for containment of any potential leaks; and,
• strategies to reduce interior and exterior noise and emissions.
All communications regarding this process shall be conducted electronically via email unless otherwise
agreed to in writing by the Parties.
3.1.18 Safeguarding Public and Private Facilities
The Contractor shall be obligated to protect all public and private improvements, facilities, and utilities
whether located on public or private property, including street curbs. If such improvements, facilities,
utilities, or curbs are damaged by reason of the Contractor's operations, the Contractor shall notify the City
immediately in writing of all damage, and the Contractor shall repair or replace the same or pay the City
for repairs. If the damage creates a public safety issue that requires an immediate response, the Contractor
shall, along with notifying the City immediately in writing, call the City's Senior Engineer to inform them
of such matter. If the Contractor fails to do so promptly, as determined by the City, the City shall cause
repairs or replacement to be made, and the cost, including overhead and administrative costs, of doing so
shall be paid by the Contractor or deducted from amounts owed the Contractor under the Contract. The City
shall not be liable for any damage to property or person caused by the actions of the Contractor, and the
Contractor shall indemnify and hold the City harmless for any such damage or legal implications from said
actions pursuant to Section 7.5.
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3.1.19 Transition and Implementation of Contract
The Contractor shall develop, with the City's input and prior written approval, and submit to the City no
later than 90 days after the Date of Execution of this Contract, a Transition and Implementation Plan for
introducing the new and revised services to the different Customer sectors (i.e., Multifamily Complex and
Commercial Customers), and detailing a specific timeline as to when different activities and events will
occur, including details of Container delivery, how different events impact other events in the timeline and
the process to be used to ensure that implementation occurs with no disruption. The Transition and
Implementation Plan shall include details to update Contractor's website, information regarding new
services, educational materials regarding Recycling, and other information or materials the Contractor
desires to produce and provide to Customers. All materials, information, and education provided as part of
the Transition and Implementation Plan shall be designed, developed, and delivered by the Contractor, at
the Contractor's cost, and with prior written approval by the City. The City shall be provided a minimum
of two weeks to review any materials, information, or education included in the Contractor's Transition and
Implementation Plan. The City shall not be responsible or liable for payment of any costs associated with
design, development, or delivery of any materials, information, or education as part of the Contractor's
Transition and Implementation Plan.
3.1.20 Performance Review
The City ma). at its option, conduct a review of the Contractor's performance under this Contract. If
conducted. the performance review shall include, but is not limited, to a review of the Contractors
performance relative to requirements and standards established in this Contract. The Contractor agrees to
fully cooperate with the performance review and work with City staff and consultants to ensure a timely
and complete review process.
The results of the performance review shall be presented to the Contractor within 30 days of completion.
Should the City determine that the Contractor fails to meet the Contract performance requirements and
standards, the City shall give the Contractor written notice of all deficiencies. The Contractor shall have 60
days from its receipt of notice to correct deficiencies to the City's satisfaction. If the Contractor fails to
correct deficiencies within 60 days, the City may allow the Contractor additional time to comply, accept
other remedies for the service failure or proceed with the contract default process pursuant to Section 5.2
of this Contract, at the City's sole option.
The costs of the development and implementation of any action plan required under this Section 3.1.20 or
Section 5.1 shall be paid for solely by the Contractor, and the costs of developing or implementing such
action plan may not be passed on to Customers or the City, or included in rates or fees charged Customers.
3.1.21 Continual Monitoring and Evaluation of Operations
The Contractor's supervisory and management staff shall be available to meet with the City at either the
Contractor's office or City offices, at the City's option_ on an every--other-weekly basis during the first six
months of the contract and monthly throughout the term of the Contract to discuss operational and Contract
issues, or such other time periods as may be agreed to by the Parties in writing.
The Contractor shall continually monitor and evaluate all operations to ensure that compliance with the
provisions of this Contract is maintained.
The City may periodically monitor collection system parameters such as participation, Container condition,
contents weights, and waste composition. The Contractor shall assist and fully cooperate with the City by
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coordinating the Contractor's operations with the City s periodic monitoring to minimize inconvenience to
Customers, the City, and the Contractor. The Contractor also shall provide full access to equipment,
processing facilities, route and Customer service data, safety records, and other applicable information. The
City's review of Contractor activities and records shall occur during normal Office Hours and shall be
super ised by the Contractor's staff.
3.1.22 Collection/Disposal Restrictions
Except for C&D Waste, all Garbage collected under this Contract shall be delivered to the City Disposal
System, unless otherwise directed in writing by the City. Unauthorized disposal of Garbage, other than
C&D Waste, Recyclables, and Compostables, outside of the City Disposal System shall be grounds for
Contract default pursuant to Section 5.2 of this Contract.
The Contractor shall not knowingly or as a result of gross negligence collect or dispose of Excluded
Materials or other hazardous materials that are either restricted from disposal or would pose a danger to
collection crews. If materials are rejected for this reason, the Contractor shall leave a written notice with
the rejected materials listing why they were not collected and providing the Customer with a contact for
further information about proper disposal options for such materials.
Title to and liability for any Excluded Materials. or for other hazardous materials or substances that are
either restricted from disposal or would pose a danger to collection crews (including but not limited to any
household Hazardous Waste and small quantity generator Hazardous Waste, special waste, and radioactive
material) or the environment and that are included with any materials collected under this Contract by
Contractor despite the City's and Contractor's attempts to prevent the inclusion of such materials shall not
pass to Contractor, but shall remain with the party from whom such Excluded Materials or any such other
materials or substances is received.
3.1.23 Emergency Response
The Contractor shall provide the City with the use of the Contractor's labor and equipment for assistance
in the event of a City disaster or emergency declaration. Contractor services shall be provided immediately
upon City directions and paid at the Contract rates in Attachment 13, provided that the City requests no more
than an additional 10 drop -box hauls per weekday for a period not to exceed three weeks. If the City
requires additional service to address a disaster or emergency event, the City shall negotiate with the
Contractor or otherwise obtain the required additional services.
The Contractor shall keep full and complete records and documentation of all costs incurred in connection
with disaster or emergency response, and include such information in the annual reports required under
Section 3.3.4. The Contractor shall maintain such records and documentation in accordance with the City's
prior written approval and any standards established by the Federal Emergency Management Agency, and
at the City's request, shall assist the City in developing any reports or applications necessary to seek federal
assistance during or after a federally -declared disaster.
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3.2 Collection Services
3.2.1 Multifamily Complex Recyclables Collection
Recycling shall be available to Multifamily Complex Customers utilizing Drop -box Container for Garbage
Service at the Multifamily Complex Recycling rate surcharge provided in Attachment 13 in addition to their
basic Garbage charges, based on the size of the Customer's Garbage Container.
3.2.1.1 Subject Materials
All Recyclables listed in Attachment C for Multifamily Complex Customers, shall be collected from
subscribers, without limit.
3.2.1.2 Containers
The Contractor shall provide Recycling Containers at no additional charge to all Multifamily Complex
Customers subscribing to Multifamily Complex Recycling service.
The Contractor shall recommend appropriate Container sizes through its site visit and evaluation process.
The Contractor shall encourage the use of Detachable Containers instead of multiple Carts at locations
where more than one cubic yard of Recycling capacity is provided, unless space or other constraints favor
the use of Carts. Containers used for the collection of Recyclables shall be delivered by the Contractor to
requesting Customers within three days of the Customer's initial request.
3.2.1.3 Specific Collection Requirements
If Recycling is requested, Multifamily Complex recycling collection shall occur at least weekly or more
frequently if space constraints preclude providing sufficient weekly capacity. Collections shall be made on
a regular schedule on the same day(s) of the week and as close to a consistent time as possible to minimize
Customer and tenant confusion.
The Contractor and City shall jointly develop a protocol to address Multifamily Complex recycling
contamination issues. The protocol shall address thresholds for when contamination levels trigger
Customer contact, when to put a Customer on "probation" for possible discontinued collection, when to
suspend collection service and remove the subject Container, and finally, procedures for allow a Customer
to resume service after it has been suspended due to contamination. The Contractor shall implement the
protocol consistently for all Customers and shall notify the City via e-mail of any Customer being handled
under the protocol.
3.2.2 Drop -Box Container Garbage Collection
3.2.2.1 Subject Materials
The Contractor shall provide Drop -Box Container Garbage collection services to Customers, in accordance
with the service level selected by the Customer and the service rates set forth in Attachment B.
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3.2.2.2 Containers
The Contractor shall offer rental of non -compacted Drop -box Containers at the rates listed in Attachment
B. Both Customer -owned and Contractor -owned Drop -box Containers used for compacting services shall
be serviced.
The Contractor shall maintain a sufficient Drop -box Container inventory to provide delivery of empty
Containers by the Contractor to new and temporary Customers within three business days after the
Customer's initial request.
3.2.2.3 Specific Collection Requirements
The Contractor shall provide dispatch service and equipment capability of delivering empty and collecting
full Drop -box Containers on the same business day if the Customers initial request is received by the call
center before or at noon, and no later than the next business day if the Customer's initial call is received by
the call center after noon. At the Customer's request and if operationally necessary and not otherwise
restricted due to space or other constraints, the Contractor shall deliver an empty Drop -box Container to
the Customer at the time of collecting the full Drop -box Container.
3.2.3 Temporary (Non -Event) Container Customers
The Contractor shall maintain a sufficient Drop -box Container inventory to provide delivery of empty
Containers by the Contractor to temporary Customers within three business days after the Customer's initial
request. The charges for all temporary Containers shall be included in Attachment B. No additional fees
other than those included in Attachment B may be charged. Temporary Garbage services shall not exceed
90 days in duration. Customers requiring service for more than 90 days shall subscribe for Drop Box
Garbage service.
3.2.4 Excluded Services
This Contract does not include the collection or disposal of Excluded Materials. Collection of Garbage and
Recyclables in any manner and by any Container type other than as specified herein are excluded from the
Contract and are contracted for separately by the City.
33 COLLECTION SUPPORT AND MANAGEMENT
3.3.1 General Customer Service
The Contractor shall be responsible for providing all Customer service functions, including, but not limited
to:
• Answering Customer telephone calls and e-mail requests;
• Informing Customers of current, new, and optional services and charges;
• Handling Customer service requests, subscriptions and cancellations;
• Receiving and resolving Customer complaints;
• Dispatching Containers;
• Billing; and,
• Maintaining and updating regularly as necessary a user-friendly internet website.
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These functions shall be provided at the Contractor's sole cost, with such costs included in the Customer
charges set forth in Attachment B.
3.3.2 Specific Customer Service Requirements
The Contractor shall maintain a Spokane Valley -specific local or toll free telephone number with sufficient
physical capacity to meet Section 3.3.2.4 performance requirements. The holiday collection schedule
described in Section 3.1.6 shall also apply to Customer service coverage. Customer service representatives
shall be available through the Contractor's call center during Office Hours for communication with the
public and City representatives. Customer calls shall be taken during Office Hours by a person, not by voice
mail. During all non -Office Hours for the call center, the Contractor shall have an answering or voice mail
service available to record messages from all incoming telephone calls.
3.3.2.1 Customer Service Representative Staffing
During Office Hours, the Contractor shall maintain sufficient staffing to provide timely response to
complaints and service requests, consistent with required Contract response times for Customer
communications. During office hours, Customers shall not be required to navigate automated telephone
answering option branches in order to speak with a Customer service representative, but shall be routed
directly to a Customer service representative. If incoming telephone calls necessitate, the Contractor shall
increase staffing levels as necessary to meet Customer service demands. The Contractor shall work towards
providing and publicizing a telephone number capable of handling service related text messages.
The Contractor shall maintain sufficient staffing to answer and handle complaints and service requests in a
timely manner made by methods other than telephone, including letters, e-mails, text messages or webpage
messages. If staffing is deemed to be insufficient by the City to handle Customer complaints and service
requests in a timely manner, the Contractor shall increase staffing levels to meet performance criteria.
3,3.2.2 City Customer Service
The Contractor shall maintain staff that has management level authority to provide a point of contact for
the majority of City inquiries, requests, and coordination covering the full range of Contractor activities
related to this Contract. Duties include, but are not limited to:
• Assisting City staff with promotion and outreach to Customers;
• Serving as an ombudsperson, providing quick resolution of Customer issues, complaints, and
inquiries; and,
• Assisting the City with program development and design, research, response to inquiries, and
troubleshooting issues.
The Contractor shall maintain a representative or answering service to contact such representative, available
at an emergency telephone number and email for use by the City in the event of an emergency during all
hours. The City shall not use the emergency contact after normal office hours for normal customer service
issues.
3.3.2.3 Service Recipient Complaints and Requests
The Contractor shall record all complaints and service requests, regardless of how received, including date,
time, Customer's name and address, if the Customer is willing to give this information, method of
transmittal, and nature, date and manner of resolution of the complaint or service request in a computerized
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daily log. Any telephone calls received via the Contractor's non -office hours voice mail or answering
service shall be recorded in the log the following business day. The Contractor shall make a conscientious
effort to resolve all complaints within one business day of the original phone call, letter, or interact
communication, and service requests within the times established throughout this Contract for various
service requests. Ha longer response time is necessary for complaints or requests, the reason for the delay
shall be noted in the log, along with a description of the Contractor's efforts to resolve the complaint or
request.
The Customer service log shall be available for inspection by the City, or its designated representatives,
during the Contractor's Office Hours, and shall be in a format approved by the City. The Contractor shall
provide a copy of this log in an electronic format from the Microsoft Office suite of software to the City
with the annual report.
3.3.2.4 Handling of Customer Calls
All incoming telephone calls shall be answered promptly and courteously, with an average speed of human
answer of less than 30 seconds. No telephone calls shall be placed on hold for more than one minute, and
on a monthly basis, no more than 10% of incoming telephone calls shall be placed on hold for more than
30 seconds. The Contractor is encouraged to provide a "call-back" function to handle high call volumes.
A Customer shall be able to talk directly with a Customer service representative when calling the
Contractor's Customer service telephone number during Office Hours without navigating an automated
phone answering system. An automated voice snail service or phone answering system may be used when
the office — both the Customer Service Office and the Customer Service Center — is closed.
A Customer calling into the Customer service phone lines and placed on hold shall hear only messages that
are applicable to Spokane Valley and not misleading to City Customers.
3.3.2.5 Corrective Measures
Upon the receipt of Customer complaints in regard to busy signals or excessive delays in answering the
telephone, the City may request the Contractor submit a plan to the City to correct the problem. Once the
City has approved the plan, the Contractor shall have sixty (60) days to implement the corrective measures,
except during the transition and implementation period from one (1) month prior to the Date of
Commencement of Service, through the end of the fourth month after the Date of Commencement of
Service, during which the Contractor shall have one (I) week to implement corrective measures.
Reasonable corrective measures shall be implemented without additional compensation to the Contractor.
Failure to provide corrective measures shall result in possible performance fees for the Contractor.
33.2.6 Contractor Internet Website
The Contractor shall provide a searchable user-friendly Internet website containing information specific to
the Contractor's collection programs, material preparation requirements, available services and options,
rates and fees, inclement weather service changes, and other relevant service information for its Customers.
The website shall include an e-mail function for Customer communication with the Contractor, and the
ability for Customers to submit service requests and manage their services on-line. Emailed Customer
service requests shall be answered within one business day of receipt. The website shall offer Customers
the option to receive and pay their service bills on-line through a secured bill payment system that enables
Customers to make one-time or ongoing payments via credit card or checking/savings account at no extra
charge.
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The website design shall be usability tested and then submitted for City approval a minimum of three
months prior to the Date of Commencement of Service of this Contract, and then changes shall be subject
to the City's prior approval throughout the term of this Contract. The website shall be functional for regular
computers, tablets, and smart -phones or other similar mobile devices. Changes requested by the City shall
be uploaded to the website within 48 hours of the time of the request. Changes requested by the City that
are related to an emergency or time -sensitive situation (such as an inclement weather event, windstorm, or
event preventing access to a Customer's regular place of container set -out) shall be uploaded to the website
within four hours of the time of request.
The Contractor shall review the website monthly, update as needed, and send entails of the updates to the
City. Appropriate links shall be provided to the City's website and the Contractor shall check monthly that
all links (including both City and non -City) links are current. Upon City request, the Contractor shall
provide a website utilization report indicating the usage of various website pages and email option.
3.3.2.7 Full Knowledge of Garbage and Recyclables Programs Required
The Contractor's Customer service representatives shall be fully knowledgeable of all collection services
in Spokane Valley available to Customers under this Contract. For new Customers, Customer service
representatives shall explain all Garbage and Recyclables (for Multifamily Complex Customers), and
collection options available and specific to the service sector the Customer requires. For existing
Customers, the representatives shall explain new services and options, and resolve recycling issues (for
Multifamily Complex Customers), collection concerns, missed pickups, Container deliveries, and other
Customer concerns. Customer service representatives shall be trained to inform Customers of Recyclables
preparation specifications. City policy questions shall be immediately forwarded to the City for response.
The Contractor's Customer service representatives shall have immediate electronic access to Customer
service data and history. The Contractor shall provide the City with internal customer service representative
training and support information specific to the City to allow the City to review and check information
provided to customer service representatives and, in turn, provided to City Customers. Any revisions to
these materials shall be approved in writing (via e-mail) by the City prior to being used by customer service
representati ves.
Upon City request, the Contractor shall also provide the City with up to two phantom billing accounts
representing various sectors to facilitate City monitoring of Customer communications and billing
protocols. These phantom accounts shall be established in conjunction with the City, shall be accessible to
the City, and managed as if the City were a normal Customer using these accounts.
33.2.8 Customer Communications
The City and Contractor recognize that Customer preferences for their method of communication may
change during the term of this Contract and agree to adjust customer service expectations to match
Customer preferences. For example, if call traffic to the Contractor's telephone -based call center reduces
over time and is supplanted by an increase in texting, the Contractor shall shift staff resources accordingly
to ensure high levels of customer service. The City and Contractor agree to review Contract requirements
periodically and negotiate in good faith any desired improvements to the Contract service standards related
to customer service delivery.
3.3.3 Customer Billing Responsibilities
The Contractor shall be responsible for all billing functions related to the collection services required under
this Contract. All Customers shall be billed monthly. In no case shall a Customer's invoice be past due
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prior to the receipt of all services covered by the billing period. The Contractor's billing cycle parameters
include, but are not limited to the service period, invoice date, due date, late fee date, reminder date(s),
Container removal and stop -service date. The City reserves the right to review and provide feedback on the
bill template used by the Contractor as to format and design to ensure Customer satisfaction. The Contractor
shall evaluate and may incorporate the City's recommendations in good faith. Billing and accounting costs
associated with Customer invoicing, including credit card fees, shall be borne by the Contractor, and are
included in the service fees in Attachment B. The Contractor may bill to Customers late payments and
"non -sufficient funds" check charges, as well as the costs of bad debt collection, under policies and amounts
that have been previously approved in writing by the City.
The Contractor shall offer paperless billing, including an autopay/electronic notification function that
allows Customer to set up autopay and receive an e-mail or text notification of the amount and draw date
of the payment, without requiring the Customer to navigate to the Contractor's website to obtain that
information.
The Contractor shall be responsible for the following:
• Generating Garbage and Recyclables (if applicable) billing for all Customers;
• Generating bills printed double -sided;
• Generating bills that include at a minimum a statement indicating the Customer's current service
level, current charges and payments, appropriate taxes and fees, Customer service contact
information and website information;
• Generating bills that clearly state the date at which late fees will be assessed for non-payment;
• Generating bills that have sufficient space on the front of the bill for educational or informational
messaging, as directed by the City;
• Accepting automatic ongoing payments from Customers via debit or credit card, checking or
savings account withdrawal, or by wire transfer. No transaction fees may be levied on any Customer
payments;
• Accepting, processing, and posting payment data each business day as applicable;
• Accepting bill inserts for specific Customer sectors;
• Maintaining a system to monitor Customer subscription levels and charge for additional services
requested and delivered. This system shall maintain a Customer's historical account data for a
period of not less than six (6) years from the end of the fiscal year in accordance with the City's
record retention policy, and in a manner that is instantaneously accessible to Customer service
representatives needing to refer to Customer service data and history;
• Accepting and responding to Customer requests for service level changes, missed or inadequate
collection services, and additional services;
• Collecting unpaid charges from Customers for collection services; and
• Implementing rate changes as specified in Section 4.3.
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The Contractor shall be required to have procedures in place to backup and minimize the potential for the
loss or damage of the account servicing (e.g., Customer service, service levels, and billing history) database.
The Contractor shall ensure that at a minimum a daily backup of the account servicing database is made
and stored off-site. The Contractor shall also provide the City with a copy of the account servicing database
(excluding Customer financial information such as credit card or bank account numbers) sorted by
Customer sector via e-mail, FTP site or electronic media upon request. The City shall have unlimited rights
to use such account servicing database to manage its solid waste program, including, but not limited to,
developing targeted educational and outreach programs, analyzing service level shifts or rate impacts,
and/or providing information to successor contractors.
Upon seven (7) days written notice, the Contractor shall provide the City with a paper and/or electronic
copy at the City's discretion of the requested Customer information and history, including but not limited
to Customer names, service and mailing addresses, contact information, service levels, and current account
status.
The City may, at its option, transition to a billing agent relationship with the Contractor where the
Contractor shall bill City -specified rates to Customers for all services under this Contract on the City's
behalf and then receive, post and remit all funds to a City -specified account. The City shall then manage
the receipts and pay the Contractor Contract rates, including or excluding the disposal cost component
depending on whether the City elects to pay Garbage disposal fees directly to City's Disposal System. In
the event that the City elects to shift to a billing agent relationship, the City and Contractor agree to negotiate
the terms of transition, direct payment of disposal fees to the City's Disposal System, inclusion of additional
billed utilities and other items in good faith, provided that the Contractor's underlying compensation for
Contract services, other than the disposal component, shall remain substantially the same.
3.3.4 Reporting
The Contractor shall provide annual and ad hoc reports to the City. The Contractor report formats may be
specified and reasonably modified from time to time at City request at no cost to the City. In addition, the
Contractor shall allow City staff access to pertinent operations information related to compliance with the
obligations of this Contract, such as vehicle route assignment and maintenance logs, Garbage and/or
Recyclables processing facility certified weight slips, and Customer charges and payments.
3.3.4.1 Annual Reports
On an annual basis, by January 30th, the Contractor shall provide a report containing the following
information for the previous year:
1. A billing summary that provides the number of Customers billed at each service level (e.g. by
container size, extra services) for each service sector (e.g., Multifamily Complex, Commercial
Customers and Temporary Customer hauls by Container size), the total number of Customers for
each type of service by sector, Customer receipts by each service level, and total billings.
2. A log of all Customer complaints, including Customer name, property name and address, date
of contact or site visit, reason for site visit, results of Customer request, complaint, inquiry and/or
site visit, Container sizes for various materials (e.g., Garbage or Recycling), frequency of collection
for various materials before site visit and resulting changes after site visit, additional follow-up
needed, follow-up conducted, results of follow-up, and materials provided.
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3. A summary of total Garbage and Recyclables quantities collected (in tons) for each collection
sector. The summary shall include the names of facilities used for all materials and tonnage
delivered to each facility.
4. A description of any vehicle accidents, infractions, leaks or spills.
5. A discussion of promotion, education, and outreach efforts, and accomplishments for each sector
and plans for the coming year.
6. An inventory of current collection vehicles and other major equipment, including model, year,
make, serial or VIN number, assigned vehicle number, mileage (if vehicle), collection sector
assigned to or used in, and maintenance history, including vehicle painting.
7. A list of Multifamily Complexes for which the Contractor is currently providing Garbage service
and which are eligible for Recycling collection service, but not receiving service, with the results
of required contacts made during the year to promote the Recycling service to those complexes,
including the reason why the Multifamily Complex is not receiving Recycling service.
8. Upon at least 30 days' written notice from the City (e.g., prior to December 1), a summary of
Recyclables market prices. Upon written request, the City may require that the summary of
Recyclables also include contamination levels and processing residues disposed as Garbage and a
description of the methodology used to determine contamination or residual levels (e.g. sample
loads from an individual route truck, aggregate samples from all loads delivered to a facility, etc.).
If Recycling collection vehicles arc used to service more than one jurisdiction, the Contractor shall develop
an apportioning methodology that allows the accurate calculation and reporting of collection volumes and
quantities from the different jurisdictions. The apportioning methodology shall be subject to the prior
review and written approval of the City, and shall be periodically verified through field testing by the
Contractor.
3.3.4.2 Ad Hoc Reports
The City may require specialized ad-hoc reports from the Contractor at no additional cost to the City,
provided that such reports do not require the Contractor to expend more than 20 staff hours each calendar
year to complete. If ad hoc reporting requires over 20 hours in a particular calendar year, the Contractor
may charge the City for additional staff time ata rate of $35 per hour, as adjusted annually by the same CPI
modification adjustment as set forth in. Section 4.3.1. The Contractor shall inform the City of the cumulative
total of hours expended, supported by a listing of staff names, date of work, work task and hours expended,
upon the completion of each report requested by the City. These reports may include Customer service
database tabulations to identify specific service level or participation patterns or other similar information.
Reports shall be provided in such format and with such software compatibility as reasonably may be
specified by the City.
3.3.4.3 Other Reports
If requested by the City, the Contractor shall provide daily route information for all service sectors and
collection streams for the purpose of evaluating potential collection system changes during the term of the
Contract. Information received by the City shall be subject to existing laws and regulations regarding
disclosure, including the Public Disclosure Act, chapter 42.56 RCW.
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3.3.5 Promotion and Education
The Contractor, at its own cost and at the direction and approval of the City, shall have primary
responsibility for developing, designing, executing, and distributing public promotion, education, and
outreach programs. The Contractor shall also provide at its cost annual service-oriented information and
outreach to Customers, distribution of City -developed promotional and educational pieces at the City's
direction, and implementation of on-going recycling promotions, education, and outreach programs at the
direction of the City. All written materials, Customer surveys and other general communications provided
to Customers by the Contractor shall be approved in advance by the City. Each September. the City and
Contractor shall jointly plan the Contractor's specific promotion and education program for the following
year, including adjustments in materials and/or targeted audiences, as consistent with the City's solid waste
management plan.
The Contractor shall contact, at the City's request, the manager or owner of Multifamily Complex sites to
which it provides Drop -box Container service to encourage recycling participation, address concerns, space
or contamination problems, provide outreach to residents, and inform the manager or owner of all available
services and ways to decrease Garbage generation. The Contractor shall coordinate and work cooperatively
with City staff and/or consultants hired to conduct outreach and education, and provide technical assistance.
Any additional promotional, educational, and informational materials provided by the Contractor to
Customers in connection with the Contract shall be designed, developed, printed, and delivered by the
Contractor, at the Contractor's cost, and subject to the City's final written approval as to form, content, and
method of delivery. The City shall review and approve all materials and a minimum of a two weeks City
review period shall be provided in all cases by the Contractor to allow sufficient time for City review and
approval.
3.3.6 Transition to Next Contractor
The Contractor shall work with the City and any successive contractor in good faith to ensure minimal
Customer disruption during the transition period from the City's previous contractor to the City's new
Contractor. Container removal and replacement shall be coordinated between the Contractor and a
successive contractor to occur simultaneously in order to minimize Customer inconvenience. The
Contractor shall remove any Containers for all services or any portion of services provided under this
Contract upon sixty (60) days written notice from the City.
The Contractor shall provide a detailed Customer list in an electronic format acceptable to the City,
including Customer name, contact. information (i.e., telephone number and e-mail address, if available),
service address, mailing address, collection service levels and frequencies, and Container rental service
levels to the successive contractor within seven (7) days of initial request by the City.
Failure to fully comply with this Section 3.3.6 shall result in the forfeiture of the Contractor's performance
bond, at the City's discretion.
4. COMPENSATION
4.1 Compensation to the Contractor
4.1.1 Rates
The Contractor shall be responsible for billing and collecting funds from Customers in accordance with the
charges for services listed in Attachment B. The Contractor may reduce or waive at its option, but shall not
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exceed, the charges listed in Attachment B. These payments shall comprise the entire compensation due to
the Contractor.
In the event that a Customer places Excluded Materials in a Container, and the Contractor collects those
materials inadvertently and incurs extraordinary expenses dealing with those materials, the Contractor may
charge the Customer the actual costs of managing those materials, as approved by the City, which approval
shall not be unreasonably withheld or delayed. Actual costs shall include additional transportation,
handling, and disposal costs incurred by the Contractor for handling only those specific materials traceable
to that Customer.
The City is not required under this Contract to make any payments to the Contractor for services performed,
or for any other reason, except as specifically described in this Contract, or for services the City obtains as
a Customer.
In the event that the Contractor or a Customer desires Drop -box Container -related services not specifically
addressed in this Contract, the Contractor shall propose service parameters and a rate to the City in writing,
based on the average of surrounding WUTC tariffs if such service is addressed in current tariffs. Upon the
City Manager's written approval, the Contractor may provide the requested services. In no case shall the
Contractor provide unauthorized services or charge unauthorized rates. The City Manager may, at his or
her sole discretion, determine whether to bring the proposed services and rates to the City Council for
approval.
4.1.2 Itemization on Invoices
Except as otherwise provided in this Contract, all applicable City, County, and Washington State solid
waste or household hazardous waste taxes or fees, utility taxes, and (if allowed under the last paragraph of
Section 4.1.2) sales taxes shall be itemized separately on Customer invoices and added to the charges listed
in Attachment B, except that the City Administrative Fees shall be included in Attachment B rates and shall
not be itemized separately on Customer invoices.
All Recyclablcs Container costs, collection costs, and revenues are included in the Multifamily Complex
Recycling Surcharge subscription rates listed in Attachment B.
Charges for all services Listed on Attachment B shall be itemized on the Customer invoices separately by
the Contractor, and may at no time exceed the charges set forth in Attachment B. The City's disposal fee
as it exists on the date of execution or as thereafter modified shall also be itemized separately on Customer
invoices with charges for Drop -box Container service. The Contractor shall charge Drop -box. Customers
the actual disposal cost without mark-up.
The Contractor shall not separately charge sales tax for services that include any Container as part of the
overall service package such as Multifamily Complex Recycling collection. Only Services that separate
and itemize optional container rental (specifically Drop -box Container rental) shall have sales tax charged
and listed on Customer invoices. The Contractor shall pay appropriate sales tax upon purchase of all
equipment and Containers, and those costs are included in the rates provided in. Attachment B. In no case
shall Customers be separately charged sales taxes paid by the Contractor on its equipment and Containers.
4.2 Compensation to the City
At the option of the City and upon 90 days written notice, the Contractor shall pay to the City an
Administrative Fee on or before the last working day of each month during the remaining term of this
Contract. The Administrative Fee shall be based on the gross receipts received by the Contractor from
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Customers under this Contract for the prior month's receipts, excluding Drop -box disposal fees. Calculation
of gross receipts shall not include an Administrative Fee collected from Customers. When providing notice
to begin the Administrative Fee, the City shall set the initial Administrative Fee rate. The Administrative
Fee shall be assessed as a percentage of gross receipts received by the Contractor from those Customers
since the last Administrative Fee payment period, consistent with the administrative fee calculations shown
in Attachment D. The Contractor's obligations to pay the Administrative Fee shall extend past the
termination date of this Contract until the Contractor is no longer receiving payments from Customers for
services provided under this Contract.
The rates included in Attachment B, as modified during the term of this Contract, include the Administrative
Fee, and Customers shall not be separately charged an itemized Administrative Fee. Attachment D contains
an example of how the Administrative Fee is included in rates, and lists the Contractor's service rate, the
City's share of the retail rate, the State excise tax associated with the Administrative Fee, and the combined
retail rate. Any adjustments to the Administrative Fee rate shall be calculated in a manner consistent with
the example shown in Attachment D.
The Contractor shall fully participate with any City billing audit to confirm the Contractor's Customer
receipts during any accounting period during the term of the Contract. The audit shall be confined to
confirming Customer billing rates, Contractor receipts for services provided under this Contract and bad
debt recovery.
The Administrative Fee may be changed by the City in any year, provided that the change is synchronized
with the annual Contractor rate modification described in Section 3.3. The City shall notify the Contactor
of the new Administrative Fee for the following year by August 15`, and the Contractor shall itemize and
include the appropriate adjustment in its Rate Adjustment Statement provided September 1" of each year.
In the event that the Administrative Fee is adjusted, either up or down, the Contractor shall add or subtract
an amount equivalent to the state excise tax, as may be adjusted from time to time by the State of
Washington.
In addition, the Contractor shall be responsible for payment of all applicable permits, licenses, fees and
taxes as described in Section 7.10, Permits and Licenses.
4.3 Compensation Adjustments
43.1 Annual CPI Modification
The Contractor's collection service charges and miscellaneous fees and Contract options contained in
Attachment B, excluding waste disposal fees, for each level of service shall increase or decrease each year
by 90% of the annual 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
12 -month period and multiplying the result by the then applicable service charges and miscellaneous
fees. Such increases or decreases are considered part of this Contract that occur automatically on an annual
basis and shall not require additional City Council approval; provided such increases or decreases are
subject to City review and verification as set forth below for the amount of such increase or decrease.
Adjustments to the Contractor's collection service charge shall be made in units of one cent ($0.01).
Fractions less than one cent ($0.01) shall not be considered when making adjustments.
Rates shall be adjusted annually, beginning December 1, 2018. The Contractor shall submit in writing and.
electronic form to the City for review and verification a Rate Adjustment Statement, calculating the new
rates for the next year, on or by September 1' of each year, starting September 1, 2018. The City shall
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review and provide comment as to any errors with the calculations, by September 15th of each year. In the
event that the Contractor does not submit a Rate Adjustment Statement by September 1w`, the City shall
calculate and unilaterally implement a rate adjustment based on the best available information as of
September I' of that year for the applicable period, and the Contractor shall lose the right to appeal this
action.
Absent City notification and subsequent remedy of errors, the new rates shall take effect on December 1s`
of that year. Contractor shall notify Customers of the impending rate adjustment by October 15`h, at least
45 days prior to the new rate going into effect. Should ratepayers not receive notification by October 15th,
due to missed deadlines by the Contractor, implementation of the new rates shall be delayed by one month
without opportunity for recovery of lost revenue. An example of rate adjustments due to Consumer Price
Index changes is provided in Attachment D.
4.3.2 Changes in Disposal Processing Sites
If the Contractor is required by the City or other governmental authority to use a Garbage disposal site other
than those being used at the initiation of this Contract, the Contractor shall submit a detailed proposal,
including full disclosure of relevant cost impacts, for the adjustment of the rates to reflect any additional
cost or savings to the Contractor. The Contractor's rates pursuant to this Contract in such a case shall be
adjusted so as to pass through any resulting additional costs incurred by or savings to the Contractor. The
City and Contractor agree to negotiate in good faith and to make any changes to the rates to accomplish a
pass-through of any such costs or savings.
4.3.3 Other Modifications
Except as otherwise expressly provided for by this Contract, Contractor shall not adjust or modify the rates
charged to Customers above the rates set forth in Attachment B due to employee wage increases, changes
in commodity prices for Recyclables, or other changes affecting the collection system.
In the event that unforeseen temporary market failure prevents or precludes compliance with the
requirements of Section 3.1.10, the Contractor may request a temporary adjustment or other relief from the
requirements of that Section 3.1.10. The City may request any and all documentation and data reasonably
necessary to evaluate such request by the Contractor, and may retain, at its own expense, an independent
third party to audit and review such documentation and such request. If such third party is retained, the
City shall take reasonable steps, consistent with State law, to protect the confidential or proprietary nature
of any data or information supplied by the Contractor.
If an unforeseen market failure persists more than nine months, the Parties agree to engage in good faith
negotiations to determine a mutually acceptable course of action, including but not limited to eliminating
the materials from the list of Recyclables, changing Customer preparation requirements, or any other
mutually -agreeable solution.
The City shall review the Contractor's request within 120 days of receipt. Upon the City's review of the
Contractor's request, the City shall approve or deny the request, at its sole discretion.
43.3.1 New or Changes in Existing Taxes
If new City, County, Washington State, or Federal taxes are imposed, or the rates of existing taxes are
changed after the Date of Execution of this Contract, and the impact of these changes results in material.
increases or decreases in annual Contractor costs, the Contractor and City shall enter into good faith
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negotiations to determine whether compensation adjustments are appropriate and if so, to determine the
amount and the method of adjustment.
In the event that road or bridge tolls are implemented that affect the Contractor's operations under this
Contract, the City and Contractor agree to enter into good faith negotiations to adjust compensation
accordingly.
4.3.3.2 Changes in Service Provision
In the event that either the Contractor or City propose any changes in how Contract services are provided
that materially reduce Contractor costs, the Contractor shall promptly notify the City in writing of such
reduced costs and expected Customer impacts. Haw City reasonably believes that the changes will result
in an adverse effect on City Customers, the City may, at its sole option, reject the proposed change.
Otherwise, the Contractor and City shall mutually agree on how to split the savings between the Contractor
and Customer to reflect any potential net decrease in Customer convenience due to the change.
4.4 Change in Law
In the event there are changes in federal. State, or local laws or regulations which result in material increases
or decreases in annual Contractor costs, the Contractor and City shall enter into good faith negotiations to
determine whether compensation adjustments are appropriate, and if so, to determine the amount and the
method of adjustment. If the City requires review of financial or other proprietary information in
conducting its rate review, at the request of the Contractor, the City shall retain a third -party to review such
information at the City's expense, and shall take such other steps as are reasonably feasible and appropriate
to protect the confidential nature of Contractor's documents. This section shall not require the City to
approve any compensation adjustment.
5. FAILURE TO PERFORM, REMEDIES, TERMINATION
The City expects high levels of Customer service and collection service provision. Performance failures
shall be discouraged, to the extent possible, through specific performance fees for certain infractions and
through Contract default for more serious lapses in service provision. Section 5.1 details infractions subject
to performance fees, and Section 5.2 details default provisions and procedures.
5.1 Performance Fees
The City reserves the right to make periodic, unscheduled inspection visits or review of Contractor's
activities to determine the Contractor's compliance with the provisions and requirements of this Contract.
Such inspections or review are not required to be based upon any formal complaint or notification. In the
event that the City's inspection reveals that the Contractor has failed to satisfactorily perform any duties of
this Contract, the City shall present a documented incident report to the Contractor detailing such
unsatisfactory performance. The Contractor and the City agree that upon receiving such report, the
Contractor shall pay the following dollar amounts, not as a penalty, but as performance fees for failure to
satisfactorily perform its duties under this Contract. The City and the Contractor agree that the City's
damages would be difficult to prove in any litigation, and that these dollar amounts are a reasonable estimate
of the damages sustained by the City as a result of the Contractor's failure to satisfactorily perform its duties
under this Contract. Performance fees shall consist of the following, as well as those set forth in Section
3.1.16:
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Action or Omission
,Perfornnance fees
1
Collection before or after the times specified in Section 3.1.4.
except as expressly permitted in writing.
$500 per incident (each vehicle
an each route is a separate
incident).
2
Repetition of complaints after notification. including, but not
limited to, failure to replace Containers in designated
locations, spilling, not closing gates, not replacing lids,
crossing planted areas, or similar violations.
$50 per incident. not to exceed
$5,000 per vehicle per day.
3
Failure to promptly clean-up or collect leaked or spilled
materials after notification by the City.
Twice the cost of cleanup to the
City, plus $500 per incident.
4
Repeated leakage or spillage from Contractor vehicles or of
vehicle contents after City notification to the Contractor of
the problem -
$500 per vehicle, per inspection,
plus clean-up costs.
5
Failure to replace a leaking Container within one business
day of notification.
$25() per incident, and then $100
per day that the Container is not
replaced.
6
Failure to collect materials within the time periods specified
within the Contract.
$10() per incident to a maximum
of $5,000 per vehicle per day.
8
Rejection of Garbage or Recyclables without providing
documentation to the Customer of the reason for rejection.
$100 per incident.
9
Failure to deliver Containers within three days of request to
Customers requesting service after the Date of
Commencement of Service.
$100 per incident.
10
Material misrepresentation by Contractors in records or
reporting, as determined by the City or upon a series of
misrepresentations when the Contractor has failed to provide
correct and accurate records or reporting.
$5,000 per incident.
11
Failure to provide the required annual report on time.
S500 per day past deadline.
12
Failure to maintain clean, sanitary and properly painted
Containers, vehicles and facilities.
$50 per incident, up to maximum
of $1,000 per inspection.
13
Collection of Recyclables in a vehicle placarded for Garbage
collection without the express written permission of the City.
$2,000 per vehicle, per incident.
14
Failure to meet Customer service answer and on -hold time
performance requirements.
$100 per day.
15
Failure to meet the service and performance standards listed
in Section 3.2 of this Contract for a period of two consecutive
months.
$25() per day until the service
standards listed in Section 3.2 are
mei for 10 consecutive business
days.
16
Failure to properly use an authorized switchable placard or
nameplates as described in Section 3.1.13.
$100 per placard per vehicle per
day.
17
Inability to reach the Contractor's staff via the emergency
telephone number within one hour of the City becoming
aware of the event giving rise to the call.
$500 per incident.
18
The use of outdated, or unauthorized stickers, or lack of
required stickers on Contractor -provided Containers.
$50 per Container.
19
Failure to have correct rates for all Customer sectors and
sen ice levels listed on the Contractors website.
$250 per day, with no maximum.
Cite of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
Page 33 of 55
Nothing in this Section shall be construed as providing an exclusi\ c list of the acts or omissions of the
Contractor that shall be considered violations or breaches of the Contract, and the City reserves the right to
exercise any and all remedies it may have with respect to these and other violations and breaches. The
performance fees schedule set forth here shall not affect the City's ability to terminate this Contract as
described in Section 5.2.
Performance fees, if assessed during a given month, shall be invoiced in writing by the City to the
Contractor. The City shall notify the Contractor of an assessment of performance fees within 30 days of the
City becoming aware of the violation. The Contractor shall be required to pay the City the invoiced amount
within 30 days of billing. Failure to pay performance fees shall be considered a breach of this Contract, and
shall accrue penalty charges of 8.0% of the amount of any delinquent payments.
Any performance fees assessed against the Contractor may be appealed by the Contractor to the City within
10 days of being invoiced for assessed performance fees. The Contractor shall be allowed to present
evidence as to why the amount of the assessed performance fees should be lessened or eliminated including
the provision of incorrect information provided by a previous contractor for contract failures during the
initial transition period. The City reserves the right to waive any performance fee. The decision of the City
shall be final.
5.2 Contract Default
The Contractor shall be in default of this Contract if it abandons or violates any portion or provision of this
Contract, fails to fully and promptly comply with all its obligations, or fails to give any satisfactory reason
for noncompliance. In addition, the Contractor shall be in default of the Contract should, including but not
limited to, any of the following occur:
1. The Contractor fails to commence the collection of Garbage and Recyclables, or fails to provide
any portion of service under the Contract on the Date of Commencement of Service, or for a period
of more than five consecutive collection days at any time during the term of this Contract except
as provided pursuant to Section 3.1.16 (labor disruption) or Section 7.15 (force majeure);
2. The Contractor fails to obtain and maintain any permit, certification, authorization, or license
required by the City, County, or any federal, State, or other regulatory body in order to collect
materials under this Contract, or comply with environmental standards and regulations applicable
to services provided under this Contract;
3. The Contractor's noncompliance creates a hazard to public health or safety or the environment;
The Contractor causes uncontaminated Recyclables to be disposed of in any way, such as in a
landfill or incinerated at an incinerator or energy recovery facility, without the prior written
permission of the City;
5. The Contractor fails to make any required payment to the City, as specified in this Contract;
6. The Contractor is assessed performance fees in excess of $5,000.00 during any consecutive six
month period; or
7. The Contractor fails to resume full service to Customers within twenty-one days following the
initiation of a labor disruption pursuant to Section 3.1.16.
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Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
Page 34 of 55
The City reserves the right to pursue any remedy available at law or in equity for any default by the
Contractor. In the event of default, the City shall give the Contractor 10 days prior written notice of its
determination of a default, intent to exercise its rights, stating the reasons for such action, and the period
for the Contractor to cure the default. In the event no cure period is specified in such notice, the cure period
shall be 10 days from the date of the notice. If an emergency arises that does not allow 10 days prior written
notice, the City shall immediately notify the Contractor of its intent to exercise its rights immediately.
If the Contractor cures the stated reason within the stated cure period, or initiates efforts satisfactory to the
City to remedy the stated reason and the efforts continue in good faith, the City may opt to not exercise its
rights for the particular default. If the Contractor fails to cure the stated reason within the stated period, or
does not undertake efforts satisfactory to the City to remedy the stated reason, then the City may at its
option terminate this Contract. The City shall send notice of termination to the Contractor and surety on
the Contractor's performance bond.
Upon receipt of such notice, the Contractor agrees that it shall promptly discontinue the services provided
under this Contract. The surety of the Contractor's performance bond may, at its option,. within 10 days
from such written notice, assume the services provided under this Contract that the City has ordered
discontinued and proceed to perform same, at its sole cost and expense, in compliance with the terms and
conditions of the Contract, and all documents incorporated herein.
In the event that the surety on the Contractor's performance bond fails to exercise its option within the 10
day period, the City may complete the services provided under this Contract or any part thereof, either
through contract with another party or any other means.
The City shall be entitled to recover from the Contractor and the surety on the Contractor's performance
bond as damages all expenses incurred, including reasonable attorney's fees, together with all such
additional sums as may be necessary to complete the services provided under this Contract, together with
any further damages sustained or to be sustained by the City.
If City employees provide Garbage or Recyclables collection, the actual incremental costs of City labor,
overhead, and administration shall serve as the basis for a charge to the Contractor and the surety on the
Contractors performance bond.
6. NOTICES
All notices required or contemplated by this Contract shall be in writing and personally served or mailed
(postage -prepaid and return receipt requested), addressed to the parties as follows, or as amended by the
City:
To City: City Manager
City of Spokane Valley
11707 East Sprague Avenue, Suite 106
Spokane Valley, WA 99206
After September 1, 2017: City Manager
City of Spokane Valley
10210 East Sprague Avenue
Spokane Valley, WA 99206
To Contractor: public Sector Solutions Director
Waste Management of Washington, Inc.
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
Page 35 of 55
720 4th Avenue, Suite 400
Kirkland, WA 98033
Public Sector Manager
Waste Management
11321 E Indiana Avenue
Spokane Valley, WA 99206
7. GENERAL TERMS
7.1 Collection Right
The Contractor shall be one of the non-exclusive providers contracted by the City to collect Garbage in
Drop -box Containers and Multifamily Complex Recyclables from Multifamily Complex Customers that
utilize Drop -box Containers for primary Garbage service within the City Service Area. Collection of Drop -
box Garbage and, as may be applicable, Recyclables, shall occur solely in accordance with the terms of this
Contract. No other collection rights are otherwise authorized unless specifically granted by the City. The
City shall not be obligated to join or instigate litigation to protect the right of the Contractor.
This Contract provision shall not apply to Garbage or Recyclables self -hauled by the generator; to Source -
separated materials hauled by common or private carriers (including drop-off recycling sites); to C&D
Waste hauled by self -haulers or construction or demolition contractors in the normal course of their
business; to Yard Debris generated and hauled by private landscaping services; or to non-residential
Compostables hauled by common or private carriers.
The Contractor shall retain the right and cover all costs to dispose of or process and market the Garbage
and/or Recyclables once these materials are placed in Contractor -provided Containers. The Contractor shall
retain revenues gained from the sale of Recyclables. Likewise, a tipping or acceptance fee charged for
Recyclables shall be the financial responsibility of the Contractor.
7.2 Access to Records
The Contractor shall maintain in its local office full and complete operations, Customer, financial, and
service records related to the Contractor's performance under this Contract. These records shall be available
upon reasonable notice for inspection and copying for any reasonable purpose by the City. In addition, the
Contractor shall, during the Contract term, and at least seven years thereafter, maintain in an office in
Spokane County reporting records and billing records pertaining to the Contract that are prepared in
accordance with Generally Accepted Accounting Principles, reflecting the Contractor's services provided
under this Contract. Those Contractor's accounts shall include, but shall not be limited to, all records,
invoices, and payments under the Contract, as adjusted for additional and deleted services provided under
this Contract. The City shall be allowed access to these records for audit and review purposes, subject to
the same protections of the Contractor's financial or other proprietary information set forth in Section 4.4.
The Contractor shall make available copies of certified weight slips for Garbage and Recyclables on request
within 1.0 business days of the request. The weight slips may be requested for any period during the term
of this Contract.
7.3 Insurance
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Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
Page 36 of 55
The Contractor shall procure and maintain insurance, as required in this Section, without interruption from
commencement of the Contractor's work through the term of the contract and for thirty (30) days after the
Physical Completion date, unless otherwise indicated herein.
Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be
construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise
limit the City's recourse to any remedy available at law or in equity.
7.3.1 Minimum Scope of Insurance
Contractor shall procure and maintain for the duration of the Contract, 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.
Contractor shall obtain insurance of the types described below:
1. 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 and including Pollution coverage related to transport cargo.
2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00
01 and shall cover liability arising from premises, operations, independent contractors, and personal
injury, and advertising injury. There shall be no endorsement or modification of the Commercial
General Liability Insurance for liability arising from explosion, collapse, or underground property
damage. City shall be named as an additional insured under Contractor's commercial general
liability insurance policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO CG 20 26.
3. Workers' compensation coverage as required by the industrial insurance laws of the State of
Washington.
4. Contractor's Pollution Legal Liability insurance coverage (claims -made form) covering any
claim for bodily injury, personal injury, property damage, cleanup costs, and legal defense expenses
applying to all work performed under the Contract, including that related to transported cargo.
Contractor warrants that any retroactive date applicable to coverage under the policy precedes the
effective date of this Contract; and that the continuous coverage shall be maintained or an extended
discovery period shall be exercised for a period of three years beginning from the date services
under this Contract are terminated. The City shall be named by endorsement as an additional
insured on the Contractor's Pollution Legal Liability insurance policy.
S. Commercial Umbrella Liability insurance (not "excess only" Umbrella Liability Insurance).
This Umbrella Liability Insurance shall apply above, and be at least as broad in coverage scope, as
the Contractor's Commercial General Liability and Automobile Liability Insurance.
7.3.2 Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile liability insurance with a minimum combined single limit for bodily injury and
property damage of no less than $1,000,000 per accident.
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Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
Page 37 of 55
2. Commercial general liability insurance shall be written with limits no less than $1,000,000 for
each occurrence, $2,000,000 for general aggregate, and $2,000,000 products completed operations
aggregate limit.
3. Employer's Liability. $1.000,000 per occurrence.
4. Contractor's Pollution Legal Liability insurance shall be written with limits of $5,000,000 each
incident.
5. Commercial Umbrella Liability insurance shall be written with limits of $5,000,000 each
occurrence.
7.33 Other Insurance Provisions
As respects the services provided by Contractor under this Contract, the policies are to contain, or be
endorsed to contain, the following provisions for all except workers' compensation:
1. Contractor's insurance coverage shall be primary insurance with respect to the 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 five business days of receipt by Contractor.
3. If Contractor maintains higher insurance limits than the minimums shown above, City shall be
included as an additional insured for the full available limits of commercial general and excess,
pollution, or umbrella liability maintained by Contractor, irrespective of whether such limits
maintained by Contractor are greater than those required by this Contract or whether any certificate
of insurance furnished to the City evidences limits of liability lower than those maintained by
Contractor.
4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material
breach of the Contract, upon which the City may, after giving at !cast five business days` notice to
Contractor to correct the breach, immediately terminate the Contract, or at its sole discretion,
procure such insurance and pay any and all premiums in connection therewith, with any sums so
expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds
due Contractor from the City.
7.3.4 Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
7.3.5 Verification of Coverage
As evidence of the insurance coverages required by this Contract, Contractor shall furnish acceptable
insurance certificates to the City Clerk by March 15, 2018, which shall become Attachment E. The
certificate shall specify all of the parties who are additional insureds, and shall include applicable policy
endorsements. Insuring companies or entities are subject to City acceptance. To the extent allowed or
required by law and upon the request of the City, complete copies of insurance policies shall be provided
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
Page 38 of 55
to City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions,
and/or self-insurance.
7.3.6 Subcontractors
The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with
all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor
shall have sole responsibility for determining the limits of coverage required to be obtained by
Subcontractors. The Contractor shall ensure that the City is an additional insured on each and every
Subcontractor's Commercial General liability insurance policy using an endorsement at least as broad as
ISO Additional Insured endorsement 20 26 07 04.
7.3.7 ACORD Form
If an "ACORD" form of Certificate of Insurance is provided to the City pursuant to this section, it must
include the following:
Wording to be added in the Description Section - "Should any of the above described policies be
canceled, before the expiration date thereof, thirty (30) days advance notice shall be mailed to the
City of Spokane Valley."
7.4 Performance Bond
The Contractor shall provide and maintain at all times a valid Contractor's Performance Bond or bonds,
letter of credit, or other similar instrument on the City's bond forms in the amount of $10,000.00. The
Contractor's Performance Bond shall be provided to the City no later than March 15, 2018. The bond,
letter of credit, or other similar instrument shall be issued for the term of the Contract, unless otherwise
approved in writing by the City. In the event a bond, letter of credit, or other similar instrument is approved
for a period shorter than the term of the Contract, the Contractor shall provide such new bond, letter of
credit, or similar instrument, and evidence satisfactory to the City of its renewability, no less than 60
calendar days prior to the expiration of the original bond, letter of credit, or other similar instrument then
in effect. The City shall have the right to call the original bond, letter of credit, or other similar instrument
in full in the event its renewal is not confirmed prior to five calendar days before its expiration.
7.5 Indemnification
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, attomey's fees, costs of litigation,
expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or
negligent acts, errors, or omissions in the services provided by Contractor, Contractor's agents,
subcontractors, subconsultants, and employees arising out of this Contract to the fullest extent permitted by
law, subject only to the limitations provided below.
Contractor's duty to defend, indemnify, and hold City harmless shall not apply to liability for damages
arising out of such services caused by or resulting from the sole negligence of City or City's agents or
employees pursuant to RCW 4.24.115.
Contractor's duty to defend, indemnify, and hold City harmless against liability for damages arising out of
such services caused by the concurrent negligence of (a) City or City's agents or employees, and (b)
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, inc.
December, 2017
Page 39 of 55
Contractor, 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.
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, 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 expenses.
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.
Contractor hereby certifies that this indemnification provision was mutually negotiated.
7.6 Confidentiality of Information
1. The Parties agree that all records of the Contractor and of the City which are related to this Contract and
the 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.
2. All reports, educational materials, and other records prepared by the Contractor and provided to the City
pursuant to this Contract 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 Contract 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 Contract that Contractor provides to the City pursuant to this Contractor;
provided City shall not publish, disclose, or distribute any financial information 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. Notwithstanding the
foregoing, any Contractor confidential and proprietary information shall be excluded from this Section to
the extent allowed by law.
3. The City, oras 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 Contract and are required to be provided
City of Spokane Valley December, 2017
Comprehensive Drop -box Container Collection Contract Page 40 of 55
Waste Management of Washington, Inc.
by Contractor to the City or to support fee adjustments under Section 4. 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 Contract, provided that such representativ cs shall hold such matters in strictest
confidence and not disclose them except in accordance with the limitations on disclosure set forth in this
Section 7.6. 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.
4. 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.
7.7 Assignment of Contract
7.7.1 Assignment or Pledge of Money by the Contractor
The Contractor shall not assign or pledge any of the money due under this Contract without securing the
prior written approval of the surety of the Contractor's performance bond and providing at least 30 calendar
days prior written notice to the City of such assignment or pledge together with a copy of the surety's
approval thereof. Such assignment or pledge, however, shall not release the Contractor or its sureties from
any obligations or liabilities arising under or because of this Contract. The requirements of this section shall
not apply to the grant of a general security interest in the Contractor's assets to secure the Contractor's
obligations under any loan or credit facility entered into by the Contractor or the Contractor's parent.
7.7.2 Assignment, Subcontracting, Delegation of Duties
The Contractor shall not assign or sub -contract any of the services provided under this Contract that directly
affect Customers or delegate any of its duties under this Contract without the prior written approval of the
City, which may be granted or withheld in the City's sole discretion.
In the event of an assignment, sub -contracting, or delegation of duties, the Contractor shall remain
responsible for the full and faithful performance of this Contract and the assignee, subcontractor, or other
obligor shall also become responsible to the City for the satisfactory performance of the services to be
provided under this Contract. The City may impose conditions of approval on any such assignment,
subcontracting, or Change of Control, including but not limited to requiring the delivery by the assignee,
subcontractor, or other obligor of its covenant to the City to fully and faithfully complete the services to be
provided under this Contract or responsibilities undertaken. In addition, the assignee, subcontractor, or
obligor shall sign a separate statement agreeing to abide by all terms and conditions of this Contract. The
City may terminate this Contract if the assignee, subcontractor, or obligor does not comply with this clause.
Supplier agreements for vehicles, part. fuels, and other general supplies are exempt from this reporting
requirement.
For the purposes of this Contract, any Change of Control of the Contractor shall be considered an
assignment subject to the requirements of this section. Nothing herein shall preclude the City from
executing a novation, allowing the new ownership to assume the rights and duties of the Contract and
releasing the previous ownership of all obligations and liability.
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Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
Page 41 of 55
7.7.3 Merger or Sale of Contractor Operations
In the event the Contractor wishes to change the trade name under which it does business within the City
Service Area, the Contractor shall designate to the City the name, logo, and colors under which it will be
doing business in writing to the City at least 30 days prior to the effective date of its change of trade name.
Within a reasonable period following a change of trade name by the Contractor, all items, logos, articles,
and implements seen by the public shall be changed, including but not limited to letterhead, signs,
promotional materials, website pages, billing statements, envelopes, and other items. Vehicles are the only
exception; vehicles must be repainted with new trade name, and any new logo or colors, within two years
of the effective date of the change of trade name, provided that temporary nameplates (magnetic, stickers
or other) shall be affixed to vehicles within 30 days of the change. Failure to comply with the terms of this
section shall result in penalties assessed against the Contractor in accordance with Section 5.1.2.
7.8 Laws to Govern/Venue
This Contract shall be governed by the laws of the State of Washington both as to interpretation and
performance. Venue shall be in Superior Court in the State of Washington for Spokane County.
7.9 Compliance with Applicable Laws and Regulations
The Contractor shall comply with all federal, state, and local regulations and ordinances applicable to the
work to be done under this Contract. Any material violation of the provisions of this section shall be grounds
for termination or suspension of the Contract by the City, and may result in the Contractor's ineligibility
for further work for the City.
The Contractor agrees not to discriminate against any employee or applicant for employment or any other
persons in the performance of this Contract because of race, religion, creed, color, national origin, marital
status, gender, age, disability, sexual orientation, or other circumstances as may be defined by federal, state,
or local law or ordinance, except for a bona fide occupational qualification. Without limiting the foregoing,
Contractor agrees to comply with the provisions of the Affidavit of Equal Opportunity & Title VI
Compliance requirements incorporated herein by this reference. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the
Contractor setting forth the provisions of this nondiscrimination clause.
Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial
Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from time -
to -time must be complied with, including ergonomic and repetitive motion requirements. The Contractor
must indemnify and hold harmless the City from all damages assessed for the Contractor's failure to comply
with the Acts and Standards issued therein. The Contractor is also responsible for meeting all pertinent
local, state, and federal health and environmental regulations and standards applying to the operation of the
collection and processing systems used in the performance of this Contract.
The Contractor is specifically directed to observe all weight -related laws and regulations in the performance
of these services, including axle bridging and loading requirements.
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Comprehensive Drop -box Container Collection Contract
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December, 2017
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7.10 Permits and Licenses
The Contractor and subcontractors shall secure a City business license and pay all fees and taxes levied by
the City. The Contractor shall obtain all permits, certifications, authorizations, and licenses necessary to
provide the services required herein prior to the Date of Execution of this Contract at its sole expense.
The Contractor shall be solely responsible for all taxes, fees, and charges incurred, including, but not limited
to, license fees and all federal, state, regional, county, and local taxes and fees. including income taxes,
property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons,
facilities, property, income, equipment, materials, supplies, or activities related to the Contractor's acti ities
under the Contract, business and occupation taxes, workers' compensation, and unemployment benefits.
7.11 Relationship of Parties
The Parties understand and agree that Contractor shall be an independent contractor and not the agent or
employee of City, that City is interested only in the results to be achieved, and that the right to control the
particular manner, method, and means in which the services under this Contract are performed is solely
within the discretion of Contractor. Any and all employees who provide services to City under this Contract
shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and
actions of all its employees under this Contract and any liability that may attach thereto.
7.12 Contractor's Relationship with Customers
The Contractor shall not separately contract with Customers for any services covered under this Contract;
however, the Contractor may negotiate separate agreements with Customers for the sole purpose of
compactor leasing, payment for recyclables, or other related services only when not included in this
Contract, provided that Customers are provided separate invoices for those services and that the Contractor
makes it clear to Customers that those services are not provided under this Contract. These separate
agreements must be in writing and shall in no way expressly or by application supersede this Contract. The
Contractor agrees these separate agreements shall not contain durations any longer than the final date of
this Contract's term. The Contractor shall provide the City a detailed list of all such separate agreements
with Customers upon City request. The City may, at its sole option, regulate similar or identical services in
the successor to this contract.
7.13 Bankruptcy
It is agreed that if an order for relief with respect to the Contractor is entered in any bankruptcy case, either
voluntarily or involuntarily, in which the Contractor is a debtor, then this Contract, at the option of the City,
may be terminated effective on the day and at the time the order for relief is entered.
7.14 Right to Renegotiate/Amend
The City shall retain the right to renegotiate this Contract or negotiate contract amendments at its discretion
or based on policy changes, state statutory changes, or local law or rule changes, Washington State, or
federal regulations regarding issues that materially modify the terms and conditions of the Contract,
including but not limited to any modifications to contracting terms or policies as they relate to the City
Disposal System and disposal services. The City may also renegotiate this Contract should any Washington
State, County, or City rate or fee associated with the Contract be held illegal or any increase thereof be
rejected by voters. In addition, the Contractor agrees to renegotiate in good faith with the City in the event
the City wishes to change disposal locations or add additional services or developments to the Contract and
City of Spokane Valley December, 2017
Comprehensive Drop -box Container Collection Contract Page 43 of 55
Waste Management of Washington, Inc.
to provide full disclosure of existing and proposed costs and operational impacts of any proposed changes.
In the event of a renegotiation, the Parties agree to negotiate all terms and rates in good faith.
This Contract may be amended, altered, or modified only by a written amendment, alteration or
modification, executed by authorized representatives of the City and the Contractor.
A failure by the parties to reach agreement on any matter as to which either party has a right to renegotiate
under this section or under any other section of this Contract shall not in and of itself result in a termination
of this Contract or give rise to any right on the part of either party to terminate this Contract, nor shall a
failure of the parties to reach such an agreement otherwise affect the validity or enforceability of this
Contract.
7.15 Force Majeure
Provided that the requirements of this section are met, Contractor shall not be deemed to be in default and
shall not be liable for failure to perform under this Contract if Contractor's performance is prevented or
delayed by acts of God, including landslides, lightning, forest fires, storms, floods, freezing and
earthquakes, terrorism, civil disturbances, acts of the public enemy, wars, blockades, public riots,
explosions, accident to machinery, equipment or materials, unavailability of required materials or disposal
restrictions, governmental restraint or other causes, whether of the kind enumerated or otherwise, that are
not reasonably within the control of the Contractor, and are not the result of the willful or negligent act
error or omission of the Contractor; and that could not have been prevented by the Contractor through the
exercise of reasonable diligence ("Force Majeure"). The Contractor's obligations under this Contract shall
be suspended, but only with respect to the particular component of obligations affected by the Force
Majeure and only for the period during which the Force Majeure exists.
The following events do not constitute Force Majeure: strikes, other than nationwide strikes or strikes that
by virtue of their extent or completeness make the particular goods or services effectively unavailable to
the Contractor; work stoppages or other labor disputes or disturbances occurring with respect to any activity
performed or to be performed by the Contractor; or general economic conditions.
If as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations under
this Contract, the Contractor shall notify the City by telephone or email, on or promptly after the Force
Majeure is first known, followed within seven days by a written description of the event and cause thereof
to the extent known; the date the event began, its estimated duration, the estimated time during which the
performance of the Contractor's obligations will be delayed; the likely financial impact of the event; and
whatever additional information is available concerning the event and its impact on the City and its
Customers. The Contractor shall provide prompt written notice of the cessation of the Force Majeure.
Whenever such event shall occur, the Contractor, as promptly and as reasonably possible, shall use its best
efforts to eliminate the cause, reduce the cost, and resume performance under the Contract. In addition, if
as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations under
this Contract, the Contractor shall notify all Customers regarding the disruption in collection service in a
manner similar to the notification required in the case of inclement weather under Section 3.1.7.
7.16 Illegal Provisions
If any provision of this Contract shall be declared illegal, void, unenforceable, or invalid for any reason by
a court of competent jurisdiction, such invalidity shall not affect the legality, effectiveness, and validity of
any other section, sentence, clause, or phrase of this Contract and the other provisions of the Contract shall
remain in full force and effect.
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
Page 44 of 55
7.17 Waiver
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 Contract. No waiver in one instance shall be
held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Contract
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 Contract 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 Contract or any part thereof.
7.18 Incorporation of Contractor's Proposal in Response to City's RFP
The Contractor's proposal, dated February 6, 2017, submitted in response to the City's Request for
Proposals, is incorporated by reference, including but not limited to collection vehicle types, customer
service staffing and approach, processing abilities and other commitments made in the Contractor's
proposal and all associated clarifications and supplemental proposal materials. In the case of conflict
betwcon the Contractor's proposal and this Contract, the provisions of this Contract shall prevail. The City
may approve changes to vehicle and Container make, model and specifications at the City's discretion.
7.19 Disputes Resolution
The parties shall attempt to resolve any and all disputes to the mutual satisfaction of both parties by good
faith discussions. Throughout the duration of a dispute, the Contractor shall continue providing all services
included in this Contract. Disputes not resolved in accordance with other provisions of this Contract or
through good faith discussions shall, within one year of first notification of such dispute, be submitted to
non-binding mediation before a mediator mutually agreed upon by both the City and the Contractor. Each
party shall pay their own mediation costs. Neither party may initiate or commence legal proceedings prior
to completion of the non-binding mediation. If non-binding mediation is not successful, disputes shall be
resolved through litigation filed in the Superior Court of the State of Washington in Spokane County, unless
otherwise required by applicable federal or state law.
7.20 Jurisdiction and Venue
This Contract is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of
Washington.
7.21 Interpretation of Time
All times expressed in this Contract are in reference to Pacific Standard Time. All references to days are
calendar days unless otherwise specified.
7.22 Entirety
This Contract and the attachments affixed hereto are herein incorporated by reference and represent the
entire agreement or contract terms between the City and the Contractor with respect to the services to be
provided under this Contract. No prior written or oral statement or proposal shall alter any term or provision
of this Contract.
WITNESS THE EXECUTION HEREOF on the day and year first herein above written.
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, inc.
December, 2017
Page 45 of 55
CITY OF SPOKANE VALLEY: Contractor:
Mark Calhoun, City Manager By:
ATTEST:
Christine Bainbridge, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
Its: Authorized Representative
Attachments
Attachment A: City Service Area
Attachment B: Contractor Rates
Attachment C: Recyclablcs List
Attachment D: Rate Modification Example
Attachment E: Insurance Certificates (provided by March 15, 2018)
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
Page 46 of 55
SPOKANE VALLEY SOLID WASTE SERVICES AREA
ATTACHMENT A
City. pF
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City of
Spokane
Valley
'u4rl4 hx n
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City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
immimi Solid Waste Services Area
December, 2017
Attachment 13- Initial Contract Rates
The City's disposal fee as it exisLs on the date of execution en' as thereafter modified shall he itemized
separately on Customer invoices. The Contractor shall charge Customers the actual disposal cost
without mark-up.
Waste Management, Inc.
Service Level (based un pick ups)
Daily
Rent
Monthly
Rent
Delivery
Charge`
Haul
Charger
:AII Sector
Drop -box
Collection
Non -compacted 10 cubic yard Drop -box
$ 2.69
$ 39.52
S 51.53
$ 81.63
Non -compacted 15 cubic yard Drop -box
$ 3.68
$ 51.83
S 51.53
$ 81.63
Non -compacted 20 cubic yard Drop -box
$ 4.66
$ 64.13
S 51.53
$ 81,63
Non -compacted 25 cubic yard Drop --box
$ 4.96
$ 67.52
S 51.53
$ 81.63
Non -compacted 30 cubic yard Drop -box
$ 5.24
$ 70.89
S 51.53
$ 81.63
Non -compacted 40 cubic yard Drop -box
$ 4.84
$ 86.28
5 51.53
$ 81.63
Compacted 10 cubic yard Drop -box
outside contraet
S 51.53
$ 131.83
Compacted 0 cubic yard Drop -box
outside contract
S 51.53
$ 131.83
Compacted 25 cubic yard Drop -box
outside contract
$ 51.53
$ 131.83
Compacted 30 cubic yard Drop -box
outside contract
$ 51.53
$ 131,83
Compacted 40 cubic yard Drop -box
outside contract
S 51.53
$ 131.83
Drop -box Ancillary. Fees
Per Unit
Multifamily Recycling Fee (per cubic yard err DR size)`
$ 5.60
Return 'Trip (per event)
$ 23.00
Stand-by Time (per minute)
$ 1.60
Container cleaning (per yard of container size)
$ 10.00
Drop -box excess mileage (over 5 rni), per oric-way mile
$ 3.00
Temporary
Containers
Service Level
Delivery
lee
Daily
Hen laI
Monthly
Rental
Haul
Charge
Non -compacted 10 cubic yard Drop -box
$ 51.53
$ 2.69
$ 39.52
$ 104.99
Non -compacted 20 cubic yard Drop -box
$ 51.53
$ 4.66
$ 64.13
$ 104.99
Non -compacted 30 cubic yard Drop -box
$ 51.53
$ 5.24
$ 70.89
$ 104.99
Non -compacted 40 cubic yard Drop -box
$ 51.53
S 5.81
$ 86.28
$ 10/1.99
Hourly Rate
Drop -box 'Irruck + driver
$ 75.02
Additional Labor (per person)
$ 29.95
The City's disposal fee as it exisLs on the date of execution en' as thereafter modified shall he itemized
separately on Customer invoices. The Contractor shall charge Customers the actual disposal cost
without mark-up.
Waste Management, Inc.
Attachment C Recyclables List
Recyclables shall be loose, empty, clean and dry, not bagged as follows:
MATERIAL
TYPE
DESCRIPTION
PREPARATION
INSTRUCTIONS
EXCLUSIONS
Glass
• Food or beverage
containers — brown,
clear, or green -
empty
Remove lids; empty of
all food or liquids.
Labels do not need to
be removed.
Leaded glass; light
bulbs; porcelain; auto
glass; windows, mirrors,
baking dishes, storage
dishes, ceramic, plates,
glassware,
storage/canning jars.
Paper
• Office paper,
printer/copy paper,
construction paper
• Newspaper and
paper inserts
• Magazines and paper
inserts
• Catalogs
• Cardboard
• Telephone books
• Mail and paper
inserts
• Envelopes
Paper bags
•
•Cereal, cookie and
cracker boxes
• Detergent boxes
• Paper towel tubes
• Toilet paper tubes
• Tissue boxes
• Non -foil wrapping
paper
• Kraft paper bags or
boxes
Remove plastic bags
(exterior or interior),
plastic packaging,
metal, electronics,
magnets, twine, straws,
lids and any food or
liquids. Must be dry.
Plastic windows in
paper envelopes okay.
Shredded paper; paper
envelopes with bubble
wrap liners, insulation
liners or envelopes made
from plastic (Tyvek);
laminated paper,
stickers, labels, photos,
carbon paper, paper
affixed to magnets; wax-
coated cups; pet food
bags; mixed material
bags; wet or soiled
paper; paper with large
amounts of paint or glue;
Frozen food boxes; Juice
boxes: Milk, juice and
ice cream cartons;
Aseptic containers — e.g.
soup, broth, soy milk,
almond milk.
Cardboard
• Cardboard boxes
• Cardboard packaging
• Cardboard beverage
`flats' or nursery
'flats'
Flatten all cardboard,
cut down to size to fit
in cart with lid closed.
Remove all interior
packaging, block foam,
packing peanuts and
exterior plastic wrap.
Do not bundle with
tape or twine. External
tape okay. Oversized
Waxed cardboard; fiber
containing, or that has
been in contact with
food debris.
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
Although not an exhaustive list, for education purposes, examples of other exclusions or items that should
not be placed in the Recycling Carts are: Any recyclahles materials, or pieces of recyclahles materials less
than 2" in size in any dimension. Materials: (a) that contain chemical or other properties deleterious, or
capable of causing material damage, to any part of Contractor's property, its personnel or the public; and/or
(b) that may materially impair the strength or the durability of the Contractor's structures or equipment.
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
cardboard can be
flattened and placed
next to cart. Must be
dry.
Metal
• Tin, aluminum and
Remove all exterior
Aluminum foil and
steel food or
packaging; remove
trays; sharp or greasy
beverage containers
lids; empty of all food
metal; batteries;
• Empty aerosol cans
or liquids. Labels do
microwaves; hangers;
• Scrap metal (limit:
not need to be
electrical cords; cell
Needs to fit in cart,
approx. 2'x2'x2'. 35
lbs.).
removed.
phones; car snow chains;
Metal appliances.
Plastic
• Food and beverage
Plastic bottles with
Plastic bags, plastic film;
containers
plastic screw -on lids
plastic bottles that
• PET/FETE bottles
are okay if lids are
contained HHW listed
(soda/water bottles)
• HDPE bottles/jugs
screwed back on,
remove all other lids;
materials; deli, bakery
and produce clamshell
(milk jugs; detergent
remove straws; empty
containers; loose lids —
bottles)
of all food, liquids or
any size; plant trays;
• Dairy tubs, e.g.
other debris. Labels do
PVC; large rigid plastic
butter, yogurt,
cottage cheese
• 5 -gallon buckets
not need to be
removed.
(outdoor furniture,
laundry baskets,
swimming pools, toys,
etc.); hoses;
landscaping/sprinkler
tubing; foam packaging
(block, peanuts, etc.) and
foam cups and plates;
loose lids; coat hangers.
Although not an exhaustive list, for education purposes, examples of other exclusions or items that should
not be placed in the Recycling Carts are: Any recyclahles materials, or pieces of recyclahles materials less
than 2" in size in any dimension. Materials: (a) that contain chemical or other properties deleterious, or
capable of causing material damage, to any part of Contractor's property, its personnel or the public; and/or
(b) that may materially impair the strength or the durability of the Contractor's structures or equipment.
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
Attachment D
Rate Modification Examples
Customer charges (including any embedded Administrative Fee) shall be adjusted annually, pursuant to
Section 4.2 and as described below:
The sum of the collection and any Administrative Fee components listed in Attachment B shall be
increased or decreased by the amount of the CPI change:
NCC = PCC x [1 + 90% x ((mCPI + nCPI)12) — oCPI
oCPI
Where NCC = The new collection and any Administrative Fee components,
adjusted for excise tax on the Administrative Fee, of the
customer rate for a particular service level; and
PCC = The previous collection and Administrative Fee components,
adjusted for excise tax on the Administrative Fee, of the
Customer rate for a particular service level; and
mCPI = The semiannual 2"d half CPI average for the previous year (for
the period July 1- December 31, 2017, for example); and
nCPI = The semiannual I' half CPI average for the current year (for
the period January 1- June 30, 2018, for example); and
oCPI = The CPI average value for the previous twelve month period
(for the period July 1, 2016 — June 30, 2017, for example).
For example, using an hypothetical customer rate of $18.52 per month: if the previous CPI
is 143.2, the new CPI is 144.3, then the January 2019 Customer charge for that service
would be:
(144.3-143.2)
New Rate = $18.52 x 11+ 90% x 1— $18.64
(143.2)
Thus, the new Customer charge for the hypothetical service would be $18.64.
The City's disposal fee as it exists on the date of execution or as thereafter modified shall also be
itemized separately on Customer invoices. The Contractor shall charge Customers the actual
disposal cost without mark-up.
Administrative Fee Adjustment
In the event the City elects to include an Administrative Fee, the Contractor's service rates shown in
Attachment B shall include the embedded Administrative Fee, which may be adjusted from time to time,
pursuant to Section 4.2. The initial contract rates do not have an Administrative Fee. However, an example
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
of how the Administrative Fcc may be incorporated is as follows: Assuming an Administrative Fee
corresponding to a 1.O% fee on gross receipts from those Customers, on an original hypothetical service
fee of $49.50 and creating a new rate of $50.00:
Service rate ($49.50 + Administrative Fee ($0.495) + Excise Tax at 1.5% on Administrative Fee
($0.007) = Customer rate of S50.00 (rounded).
In the event the City Administrative Fee is adjusted, the Administrative Fee portion of the Contractor's
Customer rates shall be adjusted in a manner that retains the Contractor's underlying compensation to
ensure that the Contractor remains whole.
City of Spokane Valley
Comprehensive Drop -box Container Collection Contract
Waste Management of Washington, Inc.
December, 2017
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 5, 2017 Department Director Approval:
Check all that apply: ['consent ❑ old business ['new business ['public hearing
❑ information ® admin. report ['pending legislation ['executive session
AGENDA ITEM TITLE: Street Standards Update November, 2017
GOVERNING LEGISLATION: Chapter 35.78 RCW
PREVIOUS COUNCIL ACTION TAKEN:
• February 2003 - adopted county road standards, ordinance 33
• December 2009 - ordinance 09-033 adopting City's street standards
BACKGROUND:
Chapter 35.78 RCW requires cities and counties to adopt uniform definitions and design
standards for municipal streets and roads. The City adopted the City of Spokane Valley Street
Standards in December 2009. The following minor revisions have been incorporated since
adoption:
• Updated Standard Plans in January 2016
• Updated requirements for sureties in January 2017
The Federal Highway Administration (FHWA) has requested updates to the Maintenance
Responsibility Section (Chapter 10) of the Street Standards to ensure that infrastructure funded
with federal funds is adequately cared for. In addition, changes to the Street Standards are also
needed to address changes to implementation of the Standards and to the City's organizational
structure established in early 2017.
Staff will discuss the proposed changes to the Street Standards and the schedule for adoption.
OPTIONS: Discussion
RECOMMENDED ACTION OR MOTION: Discussion only
BUDGET/FINANCIAL IMPACTS: Discussion only
STAFF CONTACT: Henry Allen, Senior Engineer
Gloria Mantz, Engineering Manager
ATTACHMENTS: Presentation
Street Standards
Update
Henry Allen, Senior Engineer
Gloria Mantz, Engineering Manager
Street
Standards
Spokane
Valley
December 2009
About the
Street
Standards
❖ Chapter 35.78 RCW requires the adoption of uniform definitions
and design standards for municipal streets and roads.
❖Street Standards provide requirements on the design,
construction, operation and maintenance of streets. The Street
Standards apply to new development, redevelopment and capital
projects.
❖ Chapters include required improvements, traffic analysis, street
elements, pavement design, inspection & certification and
maintenance.
Street
Standards
History
❖ The Spokane County Road Standards were adopted when the
City incorporated
❖ The City of Spokane Valley Street Standards were adopted in
December 2009
❖ Minor revisions since initial adoption
• The Standard Plans were updated in January 2016
• Chapter 9 (Surety Requirements) was updated as part of the
Comprehensive Plan update in January 2017
3
This Revision
❖ Purpose
■ Address Federal Highway Administration (FHWA) comments on the
Street Standards (specifically sidewalk maintenance in chapter
10.2.1)
■ Update Standards and Municipal Code to reflect reorganization and
revisions to implementation
❖ Street Standards
■ Minor changes to most chapters to reflect reorganization and
revisions to implementation
■ Add a section in Chapter 3 to provide flexibility in traffic analysis
■ Revisions to Chapter 10 (Maintenance Responsibility) section to
address FHWA comments
❖ Municipal Code
■ Delete 22.130.080 Future Acquisition Areas
■ 20.80.010 — remove Future Acquisition Areas reference
❖Compile comments for future update in 2019
Today's presentation —Admin Report
+ Planning Commission
■ Dec 14th 2017 — Study Session and send to Engineers for review
■ Jan 11th 2018 — Public Hearing
■ Jan 25th 2018 — Findings of Fact
❖ City Council
■ Feb 6th 2018 — 1st Reading
■ Feb 13th 2018 — 2nd Reading
❖Compile a list of revisions through 2018 for a full update in 2019
5
Questions?
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 5, 2017 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Right -of -Way Acquisition Requirements
GOVERNING LEGISLATION: None
PREVIOUS COUNCIL ACTION TAKEN: None
BACKGROUND: The Uniform Relocation Act (URA) - 49 CFR Part 24 is a federal law that
establishes minimum standards for projects when acquiring real estate property or displacing
persons from their homes, businesses, or farms. The URA applies to the acquisition,
rehabilitation, or demolition of real estate property for federal or federally funded projects, even if
there are no federal funds in a right-of-way phase of a project.
The URA intends:
• To provide uniform, fair and equitable treatment of persons whose real property is
acquired or who are displaced in connection with federally funded projects
• To ensure relocation assistance is provided to displaced persons or businesses to lessen
the emotional and financial impact of displacement
• To ensure that no individual or family is displaced unless decent, safe, and sanitary
housing is available within the displaced person's financial means
• To help improve the housing conditions of displaced persons living in substandard housing
• To encourage and expedite acquisition by agreement and without coercion
The following are some of the requirements for real property acquisition:
• Determine fair market value of the property before negotiations
• Provide the owner with a written offer of just compensation and a summary of what is
being acquired
• Pay for the property before possession
• Reimburse expenses resulting from the relocation such as recording fees, prepaid real
estate taxes, or other expenses.
The following are some of the requirements for residential and non-residential displacements:
• Provide relocation advisory services to displaced tenants, owner occupants, and
businesses
• Provide a minimum 90 days written notice to vacate prior to requiring possession
• Reimburse for moving expenses
• Provide payments for the added cost of renting or purchasing comparable replacement
housing
• Provide payments for reestablishing the business such as signage, advertisements,
professional services to find suitable location, impact fees and utility connections
OPTIONS: Discussion
RECOMMENDED ACTION OR MOTION: Discussion only
BUDGET/FINANCIAL IMPACTS: Discussion only
STAFF CONTACT: Gloria Mantz, Engineering Manager
Bill Helbig, City Engineer
ATTACHMENTS: Presentation
Right-of-Way Acquisitions
Program Overview
Gloria Mantz, Engineering Manager
Bill Helbig, City Engineer
1
Discussion Items
• Acquisition Fundaments
• Acquisition Examples
• Residential Relocations
• Non-residential regulations
2
•
Acquisition Fundamentals
• Property rights acquisitions
• Dedications
• Donations
• Purchase
• Types of property rights
• Deeded property
• Permanent easements
• Temporary easements
3
Acquisition Fundamentals
• Federal regulations must be followed if any phase of a project is
funded by federal funds
• Sufficient property rights to construct, operate and maintain facility
• Just compensation for acquisitions and any damage
• Property Valuation (Fair market value)
• Highest and best use
• Uneconomic remainder
• Cost to cure
• Provide replacement housing for displaced residents
4
Negotiations
• Present offer at fair market value
• No coercion
• Must be a win-win for City and property owner
• The City has statutory obligation to negotiate in good faith
• Condemnation only used as last resort
• Council historically has not been willing to condemn property
5
Uniform Relocation Act
■ The URA are minimum standards that intend to:
• Provide uniform, fair and equitable treatment of persons whose real
property is acquired or who are displaced in connection with
federally funded projects
• Ensure relocation assistance is provided to displaced persons to
lessen the emotional and financial impact of displacement
• Ensure that no individual or family is displaced unless decent, safe,
and sanitary housing is available within the displaced person's
financial means
• Help improve the housing conditions of displaced persons living in
substandard housing
• Encourage and expedite acquisition by agreement and without
coercion
6
Advisory Services
• Determine needs and special requirements
• Tenants
• Owner occupied
• Relocation assistance
• Explain relocation process, entitlements, and payments
• Provide referral to comparable properties
• Ensure the availability of at least one comparable property
• Inspect relocation houses to ensure decent, safe and sanitary
• Written notice of maximum replacement housing entitlement at
least 90 days before the required day to vacate
8
Residential Displacements
• Replacement housing must be:
• Functionally similar to present housing
• Decent, safe, and sanitary
• Not subject to unreasonable adverse environmental conditions
• Within financial means of the displaced person
• Location generally no less desirable with respect to utilities,
commercial and public facilities
• Reasonably accessible to place of employment
9
Residential Displacements
• Replacement housing payment types:
• Price differential for owner occupants of 180 days or more
• Rent supplement for owner occupants and tenants of 90 days or
more
• Down payment assistance for owner occupants of 180 days or
more and tenants of 90 days or more
• Use or lose it
• Not considered income
10
Residential Displacements
• Miscellaneous costs
• Moving costs - self move, professional or a combination of both
• Mortgage interest differential payments
• Incidental purchase expenses
• Inspection fees
• closing costs
Non Residential Relocations
12
Advisory Se
V
a
ces
• Determine relocation needs and preference for operation
• Explain relocation process, eligibility requirements, entitlements,
and payments
• Explain substitute personal property and actual direct loss of
tangible personal property
• Provide sources of assistance and technical help
• Written notice at least 90 days before the required day to vacate
• Provide information on the availability, purchase price, rental cost
of suitable replacement
• Assist a business to become established
• City is not required to find a replacement
13
Non Residential Relocation payments
• Moving costs
• Reestablishment expenses
• Related non-residential eligible expenses
• Related moving expenses
• Fixed moving payment
14
Non Residential Relocation payments
• Moving costs - self move, professional or combination
• Reestablishment expenses up to $50,000
• Repairs or improvements to replaced real estate property as
required by code, federal, state or local law
• Modifications or tenant improvements to accommodate
business operation
• Exterior signage to advertise business
• Paint, paneling or carpeting when soiled or worn
• Advertisement of new location
• Estimated increased cost for 2 years for items such lease fees,
taxes, insurance premiums, or utilities
15
Non Residential Relocation payments
• Related non-residential eligible expenses
• Professional services to determine suitability of new location
• Impact fees and one-time assessments for anticipated heavy utility
usage
• Utility connection from the adjacent ROW to the new location
• Related moving expenses
• Search expenses up to $2,500
• Direct loss or purchase of substitute of personal property
• Licenses or permits required by the business
• Temporary storage
• Fixed moving payment or "in lieu"
• $1,000 min up to $40,000
• Based on average annual net earning for last 2 years
• Not eligible for other any other relocation expense
16
Acquisition Examples
Argonne Road (Broadway to
Indiana)
• Street Preservation Project
• Update pedestrian ramps
• Small acquisition of 4 parcels at
the corners
CATALDO AVE
40'
PROPOSED RIGHT
OF WAY LINE
SECTION LINE
EXISTING RIGHT
OF WAY LINE
PROPERTY LINES
L
Acquisition examples
8th & Carnahan Intersection Improvement
• Intersection improvement project
• May be near future North Spokane Corridor ramp
• Funding has not been secured
• Early acquisition
• Property was for sale
• Acquisition process did not follow federal requirements
• Acquisition process may be federalized to be eligible for
federal funds in the future
F�:
Acquisition Examples
Pines Road Grade Safety Project
• Scope
• Add turning lanes north and southbound lane
• Improve sight distance at the intersection
• Required acquisition from 8 parcels
• Property owner refused to reasonably negotiate
• Fair market value of the property was $4,116
• Property owners initial counter offer was $75,000
• Property owner final counter offer was $65,000
• City decided not to pursue condemnation and redesigned project.
• Project delayed 1.5 years
19
Acquisition Examples
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• Barker Road Grade Separation
Project*
• 6 partial and one full acquisition
• One potential business
relocation
*May be different depending on
the selected alternative
20
Acquisition Examples
Pines Road Grade Separation Proj
• Pinecroft property
• Early acquisition
• Protective buying — development of the parcel is
imminent and would limit transportation options
ect
• Remaining acquisition*
• 7 parcels including BNSF property
• At least two full acquisitions
• One potential business relocation
*May be different depending on the selected alternative
21
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Special Meeting: Dec 12, 2017, 4:00 pm Meetin2 with Legislators
To:
From:
Re:
DRAFT
ADVANCE AGENDA
as of November 30, 2017; 4:30 p.m.
Please note this is a work in progress; items are tentative
Council & Staff
City Clerk, by direction of City Manager
Draft Schedule for Upcoming Council Meetings
2nd Floor Conference Room, Room N212, City Hall
December 12, 2017, Formal Meeting Format, 6:00 p.m.
Proclamation: In Appreciation of SCOPE
1. PUBLIC HEARING: Fee Resolution — Chelsie Taylor
2. Consent Agenda (claims, payroll, minutes)
3. Admin Report: Legislative Update Briahna Murray
4. Resolution 17-019 Amending Fees for 2018 — Chelsie Taylor
5. Resolution 17-020 Updating Insurance and Health Related Benefits — John Whitehead
6. Motion Consideration: CenterPlace West Lawn MasterPlan — Mike Stone
7. Motion Consideration: Police Precinct Lease Agreement — John Pietro
Idue Tue, Dec 51
(10 minutes)
(5 minutes)
(25 minutes)
(10 minutes)
(10 minutes)
(10 minutes)
(5 minutes)
8. Motion Consideration: Interlocal Approval, Commute Trip Reduction — Morgan Koudelka (10 minutes)
9. Motion Consideration: Solid Waste Drop Box Contract — Erik Lamb, Henry Allen, M.Koudelka (20 mins)
a. Contract with Sunshine; b. Contract with Waste Management
10. Admin Report: Nuisances (yard sales, properties, drug houses etc.) — Cary Driskell, Erik Lamb (20 min)
11. Advance Agenda — Mayor Higgins (5 minutes)
[*estimated meeting 130 minutes]
December 19, 2017, Study Session Format, 6:00 p.m.
1. Density Standards (19.70.050(g)) — Lori Barlow
2. Grade Separation Project Updates — Gloria Mantz, Bill Helbig
3. Police Dept. Monthly Report — Chief Werner
4. Advance Agenda — Mayor Higgins
5. Info Only: Department Reports
fdue Tue, Dec 121
(20 minutes)
(20 minutes)
(10 minutes)
(5 minutes)
[*estimated meeting 55 minutes]
December 26, 2017, Formal Meetin2 Format, 6:00 p.m. Meeting cancelled due to Christmas Holiday
Special Note: Jan 2, 2018; 5 pm: Oath of office administered to the five newly elected officials
Council Chambers. [Please note this is NOT a meeting. The Council meeting will be held at 6 pm as usual.]
January 2, 2018, Study Session, 6:00 p.m.
Invocation and Pledge of Allegiance
1. Selection of Mayor and Deputy Mayor — Chris Bainbridge
2. NE Industrial Area Update — John Hohman
3. Open Public Meetings Act, and Public Records Act Training — Cary Driskell
4. Advance Agenda — Mayor
[due Tue, Dec 261
(15 minutes)
(15 minutes)
(40 minutes)
(5 minutes)
[*estimated meeting: 75 minutes]
January 9, 2018, Formal Meetin2 Format, 6:00 p.m. [due Tue, Jan 21
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Resolution Repealing and Replacing Resolution 17-001, Bank Signing Authority — C.Taylor (10 minutes)
3. Motion Consideration: Bid Award Appleway Trail Project, Sullivan to Corbin — Lochmiller/Mantz (10 min)
4. Motion Consideration: Award of LTAC Funds — Chelsie Taylor
5. Appointments: Councilmembers to Committees — Mayor
6. Appointments: Planning Commission — Mayor
7. Appointments: Lodging Tax Advisory Committee — Mayor
8. Advance Agenda — Mayor
Draft Advance Agenda 11/30/2017 11:19:59 AM
(25 minutes)
(10 minutes)
(10 minutes)
(10 minutes)
(5 minutes)
[*estimated meeting: 85 minutes]
Page 1 of 2
January 16, 2018, Study Session, 6:00 p.m. [due Tue, Jan 9]
1. Water Banking — John Hohman, and Mike Hermiston, Spokane County (15 minutes)
2. Annexation — Erik Lamb, Mike Basinger, Chaz Bates (20 minutes)
3. Advance Agenda — Mayor (5 minutes)
[*estimated meeting: minutes]
AWC City Action Days: Jan 24-25, 2018 Olympia
January 23, 2018, Formal Meeting Format, 6:00 p.m.
1. Consent Agenda (claims, payroll, minutes)
2. Advance Agenda — Mayor
[due Tue, Jan 161
(5 minutes)
(5 minutes)
February 6, 2018, Study Session, 6:00 p.m. [due Tue, Jan 30
[*estimated meeting: minutes]
February 13, 2018, Formal Meeting Format, 6:00 p.m.
February 20, 2018, Study Session, 6:00 p.m.
February 27, 2018, Formal Meeting Format, 6:00 p.m.
*time for public or Council comments not included
OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS:
Accomplishments Report (2017)
Disc Golf Park
Donation Recognition
Farmers Market
4th Ave, 8th Ave Traffic and Speed Analysis
Governance Manual
Marijuana Industry, Financial Impact
Outside Agency Funding Level (winter workshop)
Parental Rights [+staff research time]
Police Oversight Committee
Police Precinct (officers, cars, carpet, etc.)
Resolution/Proclamation Supporting SV Schools
Retail Recruitment Follow-up
School Interns
Second Amendment Sanctuary City
Shipping Containers
Sign Ordinance
Small Cell Regulations
Street Classifications
Street Illumination (ownership, cost, location)
Transportation & Infrastructure
Undergrounding
Urban Farming & Animal Keeping
Utility Facilities in ROW
Winter Workshop — Feb/March
[due Tue, Feb 6]
[due Tue, Feb 13]
[due Tue, Feb 20]
Draft Advance Agenda 11/30/2017 11:19:59 AM Page 2 of 2