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17-089.01 Waste Management: Garbage, Recyclables & Compostables Collection17-0el. 0( Spokane Valley Contract No. 17-089.01 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract City of Spokane Valley And Waste Management of Washington, Inc. April 1, 2018 — March 31, 2028 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract Table of Contents RECITALS...........................................................................................................................................1 AGREEMENT......................................................................................................................................2 DEFINITIONS......................................................................................................................................2 1. TERM OF CONTRACT......................................................................................................................6 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 Residences on Private Roads and Driveways.............................................................. 8 3.1.4 Hours/Days of Collection............................................................................................................. 8 3.1.5 Employee Conduct....................................................................................................................... 9 3.1.6 Disabled Persons Service............................................................................................................. 9 3.1.7 Holiday Schedules........................................................................................................................ 9 3.1.8 Inclement Weather...................................................................................................................... 9 3.1.9 Suspending Collection from Problem Customers.......................................................................10 3.1.10 Missed Collections...................................................................................................................10 3.1.11 Same Day Collection................................................................................................................11 3.1.12 Requirement to Recycle and Compost; Maintaining Quality Assurance Through Monitoringll 3.1.13 Routing, Notification and Approval.........................................................................................11 3.1.14 Vehicle and Equipment Type/Age/Condition/Use...................................................................12 3.1.15 Container Requirements and Ownership................................................................................13 3.1.15.1 Garbage, Recyclables, and Compostables Carts..............................................................................................14 3.1.15.2 Detachable Containers.....................................................................................................................................14 3.1.15.3 Ownership........................................................................................................................................................15 3.1.15.4 Container Colors and Labeling.........................................................................................................................15 3.1.15.5 Container Weights............................................................................................................................................16 3.1.15.6 Container Removal Upon City or Customer Request......................................................................................16 3.1.15.7 Container Placement........................................................................................................................................16 3.1.16 Inventory of Equipment, Vehicles, Facilities and Containers...................................................17 3.1.17 Spillage....................................................................................................................................17 3.1.18 Pilot Programs.........................................................................................................................17 3.1.19 Disruption Due to Construction...............................................................................................18 3.1.20 Contractor Planning and Performance Under Labor Disruption.............................................18 3.1.21 Site Planning and Building Design Review.............................................................................. 20 3.1.22 Safeguarding Public and Private Facilities.............................................................................. 20 3.1.23 Transition and Implementation of Contract............................................................................20 3.1.24 Performance Review................................................................................................................21 3.1.25 Continual Monitoring and Evaluation of Operations..............................................................21 3.1.26 Collection/Disposal Restrictions..............................................................................................22 3.1.27 Emergency Response............................................................................................................... 22 City of Spokane Valley i First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 3.2 COLLECTION SERVICES............................................................................................................................ 22 3.2.1 Single-family Residence Garbage Collection............................................................................. 22 3.2.1.1 Subject Materials............................................................................................................................................... 22 3.2.1.2 Containers.......................................................................................................................................................... 23 3.2.1.3 Specific Collection Requirements...................................................................................................................... 23 3.2.2 Single-family Residence Recyclables Collection......................................................................... 24 3.2.2.1 Recyclable Materials.......................................................................................................................................... 24 3.2.2.2 Containers.......................................................................................................................................................... 24 3.2.2.3 Specific Collection Requirements...................................................................................................................... 24 3.2.3 Compostables Collection........................................................................................................... 25 3.2.3.1 Subject Materials............................................................................................................................................... 25 3.2.3.2 Containers.......................................................................................................................................................... 25 3.2.3.3 Specific Collection Requirements...................................................................................................................... 25 3.2.4 Multifamily Complex and Commercial Customer Garbage Collection ...................................... 26 3.2.4.1 Subject Materials............................................................................................................................................... 26 3.2.4.2 Containers.......................................................................................................................................................... 26 3.2.4.3 Specific Collection Requirements...................................................................................................................... 26 3.2.5 Multifamily Complex Recyclables Collection............................................................................. 27 3.2.5.1 Subject Materials............................................................................................................................................... 27 3.2.5.2 Containers.......................................................................................................................................................... 27 3.2.5.3 Specific Collection Requirements...................................................................................................................... 27 3.2.6 Temporary (Non -Event) Container Customers.......................................................................... 27 3.2.7 Special Event Services................................................................................................................ 28 3.2.8 On -call Bulky Waste Collection.................................................................................................. 28 3.2.9 Excluded Services.......................................................................................................................28 3.2.10 Services at City Facilities.......................................................................................................... 29 3.3 COLLECTION SUPPORTAND MANAGEMENT....................................................................................29 3.3.1 General Customer Service......................................................................................................... 29 3.3.2 Specific Customer Service Requirements...................................................................................29 3.3.2.1 Customer Service Representative Staffing........................................................................................................ 30 3.3.2.2 City Customer Service........................................................................................................................................ 30 3.3.2.3 Service Recipient Complaints and Requests...................................................................................................... 30 3.3.2.4 Handling of Customer Calls................................................................................................................................ 31 3.3.2.5 Corrective Measures.......................................................................................................................................... 31 3.3.2.6 Contractor Internet Website.............................................................................................................................. 31 3.3.2.7 Full Knowledge of Garbage, Recyclables, and Compostables Programs Required ........................................... 32 3.3.2.8 Customer Communications................................................................................................................................ 32 3.3.3 Customer Billing Responsibilities............................................................................................... 32 3.3.4 Reporting................................................................................................................................... 34 3.3.4.1 Quarterly Reports............................................................................................................................................... 34 3.3.4.2 Annual Reports................................................................................................................................................... 35 3.3.4.3 Ad Hoc Reports................................................................................................................................................... 36 3.3.4.4 Other Reports..................................................................................................................................................... 36 3.3.5 Promotion and Education..........................................................................................................36 4. COMPENSATION..........................................................................................................................37 4.1 COMPENSATION TO THE CONTRACTOR......................................................................................................37 4.1.1 Rates..........................................................................................................................................37 4.1.2 Itemization on Invokes.............................................................................................................. 38 4.2 COMPENSATION TO THE CITY..................................................................................................................38 4.2.1 City Fees..................................................................................................................................... 38 4.3 COMPENSATION ADJUSTMENTS...............................................................................................................39 4.3.1 Annual CPI Modification............................................................................................................39 City of Spokane Valley ii First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 4.3.2 Periodic Adjustments................................................................................................................. 40 4.3.3 Changes in Disposal or Compostables Processing Sites............................................................ 40 4.3.4 Other Modifications.................................................................................................................. 40 4.3.4.1 New or Changes in Existing Taxes...................................................................................................................... 41 4.3.4.2 Changes in Service Provision.............................................................................................................................. 41 4.4 CHANGE IN LAW....................................................................................................................................41 S. FAILURE TO PERFORM, REMEDIES, TERMINATION.........................................................................41 5.1 PERFORMANCE FEES.............................................................................................................................. 42 5.2 CONTRACT DEFAULT..............................................................................................................................44 6. NOTICES.......................................................................................................................................45 GENERALTERMS..........................................................................................................................46 7.1 COLLECTION RIGHT................................................................................................................................46 7.2 ACCESS TO RECORDS.............................................................................................................................. 46 7.3 INSURANCE........................................................................................................................................... 46 7.3.1 Minimum Scope of Insurance....................................................................................................47 7.3.2 Minimum Amounts of Insurance...............................................................................................47 7.3.3 Other Insurance Provisions........................................................................................................ 48 7.3.4 Acceptability ofInsurers ............................................................................................................ 48 7.3.5 Verification of Coverage............................................................................................................48 7.3.6 Subcontractors.......................................................................................................................... 48 7.3.7ACORD Form..............................................................................................................................49 7.4 PERFORMANCE BOND............................................................................................................................49 7.5 INDEMNIFICATION.................................................................................................................................49 7.6 CONFIDENTIALITY OF INFORMATION.........................................................................................................50 7.7 ASSIGNMENT OF CONTRACT.................................................................................................................... 51 7.7.1 Assignment or Pledge of Money by the Contractor..................................................................51 7.7.2 Assignment, Subcontracting, Delegation of Duties................................................................... 51 7.7.3 Merger or Sale of Contractor Operations.................................................................................. 51 7.8 LAWS TO GOVERN/VENUE......................................................................................................................52 7.9 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS........................................................................... 52 7.10 PERMITS AND LICENSES........................................................................................................................52 7.11 RELATIONSHIP OF PARTIES....................................................................................................................52 7.12 CONTRACTOR'S RELATIONSHIP WITH CUSTOMERS.....................................................................................53 7.13 BANKRUPTCY......................................................................................................................................53 7.14 RIGHT TO RENEGOTIATE/AMEND...........................................................................................................53 7.15 FORCE MAIEURE.................................................................................................................................53 7.16 ILLEGAL PROVISIONS............................................................................................................................ 54 7.17 WAIVER............................................................................................................................................. 54 7.18 INCORPORATION OF CONTRACTOR'S PROPOSAL IN RESPONSE TO CITY'S RFP................................................ 54 7.19 DISPUTES RESOLUTION.........................................................................................................................55 7.20 JURISDICTION AND VENUE....................................................................................................................55 7.21 INTERPRETATION OF TIME..................................................................................................................... 55 7.22 ENTIRETY...........................................................................................................................................55 ATTACHMENTS................................................................................................................................56 Attachment A: City Service Area Attachment B: Contractor Rates City of Spokane Valley iii First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract Attachment C: Recyclables List Attachment D: Rate Modification Example Attachment E: Insurance Certificates City of Spokane Valley iv First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract This First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables 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 Garbage, Recyclables, and Compostables from Single-family Residences, Multifamily Complexes, and Commercial Customers located within the City Service Area. This Contract does not govern the collection of Drop -box Containers. (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 has identified costs it incurs associated with solid waste services, including costs for contract administration, solid waste planning and management, and for a portion of its street preservation and maintenance programs. The City desires to establish funding for necessary and related costs of solid waste services through the City Fee under this Contract; and WHEREAS, the Parties entered into the Comprehensive Garbage, Recyclables, and Compostables Collection Contract on June 29, 2017 (the "Original Contract"); and WHEREAS, the City desires to amend and restate the Original Contract for the City Fee as described herein; and WHEREAS, the City desires to enter into this First Amended and Restated Contract with the Contractor for the 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 1 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract AGREEMENT This First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract (hereafter, "Contract") is made and entered into this l Z 4"�, day of , 2018 (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 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. Bulky Waste: The term "Bulky Waste" means discrete items of Garbage of a size or shape that precludes collection in regular collection containers. Bulky Waste includes: large appliances (such as refrigerators, freezers, stoves, dishwashers, clothes washing machines or dryers), water heaters, furniture (such as chairs or sofas), televisions, mattresses, and other similar large items placed at the Curb as discrete separate items. Bulky Waste does not include piles of debris, car parts, construction or demolition debris, any item that would be considered Hazardous Waste, stumps, or items that cannot be safely lifted by two collection employees onto a collection vehicle. 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 20-, 32/35-, 45-, 64-, or 96-gallon wheeled Container with attached lid suitable for collection, storage, and Curbside placement of Garbage, Recyclables, or Compostables. 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 Fee: The term "City Fee" means a City -defined fee that is 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 City Fee is separate from and distinct from any itemized utility, sales or other taxes that may be assessed from time to time. The City Fee is related to and intended to be used for City costs City of Spokane Valley 2 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract from solid waste services, including costs for contract administration, solid waste planning, and management, and for a portion of its street preservation and maintenance programs. 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. 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, and to collect, process, market, and transport Recyclables and Compostables. Contract: means this Contract between the City and Contractor and all mutually adopted amendments thereto. Container: The word "Container" means any Micro -can, Mini -can, Garbage Can, Cart, or Detachable 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. Curb or Curbside: The words "Curb" or "Curbside" refer to the Customers' property, within five feet of the Public Street or Private Road (or on the sidewalk, if there is no Customer property within five feet of the Public Street or Private Road) without blocking sidewalks, driveways, or on -street parking. 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. City of Spokane Valley 3 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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 Residence or parking area/garage/carport 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. Extra Unit: The term "Extra Unit" means excess material that does not fit in the Customer's primary Container. In the case of Cart services, an Extra Unit is 32-gallons, and may be contained in either a plastic bag or Garbage Can. In the case of Garbage Containers one cubic yard or more in capacity, an Extra Unit is one cubic yard. Food Scraps: The term "Food Scraps" means all compostable pre- and post -consumer food waste, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds, or egg shells, and food -soiled paper, such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or other paper products accepted by the Contractor's selected composting site. Food Scraps shall not include dead animals, plastics, diapers, kitty litter, liquid wastes, ashes, pet wastes, or other materials prohibited by the selected composting facility. The range of materials handled by the Compostables collection program may be changed from time to time upon mutual agreement of the parties to reflect those materials allowed by the selected composting facility. 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 Recyclables, or Source -separated Compostables. Garbage Can: The term "Garbage Can" means a Container that is a water -tight, rodent and insect resistant galvanized sheet metal or plastic container kept in a usable, safe and sanitary condition by the Customer at all times and that does not exceed four cubic feet or 32 gallons in capacity; fitted with two sturdy looped handles, one on each side; and fitted with a tight cover equipped with a handle. 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 sea., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 City of Spokane Valley 4 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract et sea.; 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. Micro -can: The word "Micro -can" means a water -tight, plastic, 10-13 gallons capacity Container; fitted with two sturdy handles, one on each side; and, fitted with a tight cover. Alternatively, a Cart with an insert to reduce capacity to 10-13 gallons may be provided as a Micro -can, at the discretion of the Contractor. 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 7:00 am to 6:00 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 Residences. 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. 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 Residential or Commercial 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 City of Spokane Valley 5 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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, Yard Debris, Food Scraps, and other materials. Strike Contingency Plan: The term "Strike Contingency Plan" means the plan that the Contractor will develop pursuant to Section 3.1.20 of this Contract. Transition and Implementation Plan: The term "Transition and Implementation Plan" means the plan that the Contractor will develop pursuant to Section 3.1.23 of this Contract. WUTC: The term "WUTC" means the Washington Utilities and Transportation Commission. Yard Debris: The term "Yard Debris" means leaves, grass, branches and plant trimmings and other similar plant and vegetative waste. Materials larger than four inches in diameter, four feet in length are excluded. Bundles of Yard Debris up to two feet in diameter by four feet in length and no more than 55 pounds shall be allowed, and shall be secured by degradable string or twine, not nylon or other synthetic materials. 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. • 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. City of Spokane Valley 6 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection 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 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 City of Spokane Valley 7 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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 annexed areas covered by this section due to procurement delays that are not within the control of the Contractor. 3.1.3 Service to Residences on Private Roads and Driveways The Contractor shall provide Curbside service to all Residences located on Private Roads, except as noted in this Section. Drive-in charges are to be used only for requested service on Driveways and are prohibited on Private Roads. In the event that the Contractor believes that a Private Road cannot be safely negotiated or that providing walk-in service on Driveways for Single-family Residence Customers is impractical due to distance or unsafe conditions, 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 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. 3.1.4 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 consistent 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. City of Spokane Valley S First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 3.1.5 Employee Conduct The Contractor's employees collecting Garbage, Recyclables, or Compostables 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. 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 Disabled Persons Service The Contractor shall offer carry -out service for Garbage, Recyclables, and Compostables to Single-family Residence Customers lacking the ability to place Containers at the Curb at the carry -out rates provided in Attachment B. 3.1.7 Holiday Schedules 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 Single-family Residence and Multifamily Complex Garbage, Recyclables, or Compostables earlier than the regular collection day due to a holiday. Commercial collections may be made one day early only with the consent of the Commercial 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. 3.1.8 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 City of Spokane Valley 9 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract the City not later than 12:00 p.m. (noon) on the same business day. The Contractor shall provide automated notification calls, texts, or a -mails (at Customers' preference) to all missed Customers by 3:00 p.m., including information on when their next collection is expected. The Contractor shall collect Garbage, Recyclables, and Compostables from Customers with interrupted service on the next regular collection cycle. When service is resumed, the Contractor shall collect reasonably accumulated excess volumes of materials equal to what would have been collected on the missed collection day from Customers at no extra charge. 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. If Garbage collection is interrupted for two consecutive weeks (for example: Wednesday Customers are missed for two consecutive Wednesdays) due to inclement weather, the Contractor shall provide two City - approved collection locations within the City Service Area where any Residential Customer, regardless of collection day, may bring their Garbage for drop-off at no additional cost to the Customer. Site locations shall be defined by the City. These sites shall remain open for collection until regularly scheduled service resumes for those missed areas. 3.1.9 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. 3.1.10 Missed Collections If Garbage, Recyclables, or Compostables are set -out inappropriately, improperly prepared, or contaminated with unacceptable materials, the Contractor shall 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 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, Recyclables, or Compostables 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 City of Spokane Valley 10 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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 quarterly 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. 3.1.11 Same Day Collection Garbage, Recyclables, and Compostables collection shall occur on the same regularly scheduled day of the week for Single-family Residence Customers. The collection of Garbage, Recyclables, and Compostables from Multifamily Complexes and Commercial Customers need not be scheduled on the same day. 3.1.12 Requirement to Recycle and Compost; Maintaining Quality Assurance Through Monitoring The Contractor shall recycle all Source -separated Recyclables collected and compost all Source -separated Compostables 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 or Compostables by the Contractor is expressly prohibited without the express prior written approval of the City. The direct land application of Compostables is allowed, provided that the land application occurs at agronomic rates and is expressly permitted or approved by the local health district jurisdiction and other relevant regulatory agencies. Compostables delivered for acceptance at a composting facility or transfer facility shall comply with State and local regulations applicable to that facility. Visually obvious contaminants included with either Source -separated Recyclables or Compostables shall not be collected, and shall be left in the Customer's Container with a prominently displayed written notification tag explaining the reason for rejection and stating that the Customer may either remove the contaminated materials to meet the standards for Recyclables or Compostables or that if the contaminated materials are not removed, the Cart shall be collected on the next regular collection cycle as Garbage and charged to the Customer as an Extra Unit. Contractor shall dispose of contaminated Recyclables and landfill disposal thereof shall not constitute a violation of this Section. In either case, the materials shall be collected on the next regular collection cycle unless the Customer pays for a return trip. 3.1.13 Routing, Notification and Approval The Contractor shall indicate, on a map acceptable to the City, the day of the week Garbage, Recyclables, and Compostables shall be collected from each Single-family Residence. The Contractor collection routes shall not cross municipal boundaries, provided that Contractor collection vehicles used within the City may be used elsewhere if they are emptied before and after such other use, and the Contractor has obtained prior City approval in writing. If a collection route services any Customer outside the City Service Area without prior written approval from the City, the Contractor shall be liable for performance fees as described in Section 5.1 and any other associated liability. City of Spokane Valley 11 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract The Contractor may change the day of Single-family Residence collection by giving written notice to the City at least 45 days prior to the effective date of the proposed change and obtaining written approval from the City. Should the City approve the proposed change, the Contractor shall provide affected Customers with at least 14 days written notice of pending changes for the collection day. Seven days prior to the approved day change, the Contractor shall tag all affected Customers' Garbage Containers, as well as notify all affected Customers of the pending changes via email, text, or a robo-call, depending on the customers opt -in choice. Upon completing collections the week prior to the change, the Contractor shall update their website with a new collection area map that highlights affected areas. The Contractor shall collect double the normal Garbage amount for no additional fee for one week following implementation to ensure that missed Customers are not charged extra. The Contractor shall obtain the prior written approval from the City of the notice to be given to Customers. The Contractor shall be responsible for the cost of designing, printing, and distributing the notice and any revised City educational materials that inform these Customers of their collection day. The Contractor may change the day of Multifamily Complex or Commercial Customer collection by giving at least 14 days written notice of the pending collection day change to the affected Customers. The Contractor shall obtain from the City written approval of a collection day change prior to Contractor's notification of the Multifamily Complex customer or Commercial Customer, and of the form of any notice of such change to be given to affected Multifamily Complex or Commercial Customers. The Contractor shall be responsible for the cost of designing, printing, and distributing any notifications and any revised City educational materials that inform these Customers of their collection day. The City shall review proposed changes promptly and shall not unreasonably withhold or delay approval for route changes. 3.1.14 Vehicle and Equipment Type/Age/Condition/Use The Contractor shall use collection vehicles no greater than 10 years old, based on chassis model year, unless otherwise authorized in writing by the City. Stand-by vehicles used fewer than thirty (30) operating days per calendar year may be older, but shall be presentable, shall be in safe working condition, and shall be subject to all other conditions of this Section. The accumulated annual use of individual back-up vehicles shall be reported in the Contractor's quarterly report. Vehicles used in the performance of this Contract shall be of sufficient size and dimension to provide service to all Customers, regardless of location. In some cases, this may mean that a small collection vehicle, capable of servicing narrow and/or tight locations must be used, and it is expected that the Contractor will make such vehicles available to ensure smooth, safe and effective collection services throughout the City Service Area. Vehicles shall have a switchable placard that clearly indicates the type of material currently collected by that truck (e.g. Garbage, Recyclables, or Compostables). The colors, trim scheme, and design to be used by the Contractor on the switchable placards shall be subject to the prior written approval of the City. Vehicles used in the performance of this Contact shall only be used for the collection of materials they are otherwise designated for. 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 City of Spokane Valley 12 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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 or Compostables 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. 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. 3.1.15 Container Requirements and Ownership All collection services provided under this Contract specifically include the costs of the associated Garbage, Recycling and Compostables Container and the cost of Contractor -provided Containers are incorporated in the Garbage fees included in Attachment B, unless Container rental for a particular service is specifically listed in Attachment B, such as rent for extra Carts. Customers may use either their own or Contractor -provided Containers or plastic bags for excess volumes of Garbage, but not as a Customer's primary container, provided that Customers may use their own or leased compacting Detachable Containers. In the event the Customer uses their own Container, the Contractor shall handle the Customer -provided Garbage Container in such a way as to prevent undue damage. The Contractor shall be responsible for unnecessary or unreasonable damage to Customer - provided Containers. Customers may elect to own or secure Detachable 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, Detachable Containers used for compacting purposes owned or secured by Customers shall be City of Spokane Valley 13 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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 Detachable Containers used for compacting purposes. The Contractor is not required to service Customer Detachable 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 Detachable Container used for compacting purposes is compatible, the City shall make a final determination. 3.1.15.1 Garbage, Recyclables, and Compostables Carts The Contractor shall procure and maintain a sufficient quantity of Containers to service the City's 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 provide Micro -cans or 20-, 32/35-, 45-, 64-, and 96-gallon Garbage Carts for the respective level of Garbage collection, and 32/35-, 64-, and 96-gallon Recyclables and Compostables Carts for the respective level of Recyclables or Compostables collection. 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 (including those for Garbage, Recyclables, and Compostables) 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. 3.1.15.2 Detachable Containers The Contractor shall furnish and install 1-, 1.5, 2-, 3-, 4-, 6-, and 8-cubic yard Detachable Containers to any Customer who requires their use for storage and collection of Garbage within three days of the Customer's City of Spokane Valley 14 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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. 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 Garbage or Recyclables storage and handling; be safe for the intended use; and, have no leaks, jagged edges, or holes. 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. 3.1.15.3 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. 3.1.15.4 Container Colors and Labeling Contractor -provided Containers used for the collection of 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 Compostables shall be green. Contractor -provided Containers used for the collection of Garbage shall be gray; provided that Detachable Containers for Commercial Customers may be green. Specific Container colors shall be approved in writing by the City prior to the Contractor's order of new Containers. All Contractor -provided Garbage Carts, Recycling Carts, and Compostables Carts shall have materials preparation instructions and telephone/contact information, including both a customer service phone number and website address, either screened or printed on a sticker on the lid and shall be subject to the prior written approval of the City. Cart and Container size shall be clearly screened, molded -in, molded -on, imprinted, or otherwise labeled on each Cart and Container provided by the Contractor. Information shall be screened on, molded -in, or molded -on the Carts, or printed on durable UV -resistant label stock squarely affixed to the lid on each Cart. All screening, molding, or labels shall be approved in writing by the City prior to ordering by the Contractor. Location of the screen, molding, or label on the Carts and Containers shall be subject to the City's prior written approval. All Contractor -provided Detachable Containers used for Garbage or Recyclables 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 Detachable Containers 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 City of Spokane Valley 15 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract the Contractor. Individual Detachable Containers with faded or damaged paint shall be repainted upon City or Customer request. Contractor -provided Containers used for the collection of Recyclables from Multifamily Complex Customers 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. 3.1.15.5 Container Weights The Contractor is not required to collect Micro -cans, Garbage Cans, and Garbage Carts exceeding two pounds per gallon of Container capacity. The Contractor shall not be required to collect Extra Units in bundles or bags exceeding 55 pounds. In the event that a Container or Extra Unit is not eligible for collection and/or too heavy to move, the Contractor may refuse collection and tag the Container with an explanation requesting the Customer to reduce the Container weight. If a Recycling or Compostables Cart exceeds the limits specified for Garbage Carts, the Contractor shall collect the Cart if it can safely do so, and provide notification to the Customer via written tag or phone call that they must reduce the Cart weight to continue to receive collection. The Contractor shall not be required to collect subsequent overweight Carts provided that an actual Cart weight is measured and provided in writing to the Customer and the City. Overweight fees shall not apply to Recycling or Compostables Carts. No specific weight restrictions are provided for Detachable Containers; however, the Contractor shall not be required to lift or remove materials from a Detachable Container exceeding the safe working capacity of the collection vehicle. 3.1.15.6 Container Removal Upon City or Customer Request The Contractor shall remove all Containers upon service cancellation within seven days of the final paid collection service date or upon three days of specific Customer, property manager, property owner, or City request. The contents of Containers removed after a Customer's final paid collection service shall be managed as if they were collected on a regular route (e.g. Recyclables shall be recycled, Compostables shall be delivered for composting) 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. 3.1.15.7 Container Placement The Contractor shall provide Container placement direction to Customers in educational and promotional materials 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 City of Spokane Valley 16 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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. 3.1.16 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 quarterly 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. 3.1.17 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 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. 3.1.18 Pilot Programs The City may wish to test and/or implement one or more new services or developments in waste stream segregation, materials processing, or collection technology at some point during the term of this Contract. The City shall notify the Contractor in writing at least 90 days in advance (or such longer period as is reasonably required given the nature of the program or technology) of its intention to implement a pilot program or of its intentions to utilize a new technology system on a City-wide basis. The costs (or savings) accrued by City -initiated pilot programs shall be negotiated prior to implementation. If the City deems the pilot a success, and desires to incorporate the service or development represented in the pilot program in the terms of this Contract, the Contractor and the City each agrees to negotiate in good faith and in City of Spokane Valley 17 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract accordance with Section 7.14 to include the provisions of the pilot program into this Contract, including any costs or savings to be accrued. Contractor -initiated pilot programs shall require prior written notification to and written approval by the City. Contractor -initiated pilot programs shall be performed at no additional cost to the City or the Contractor's Customers; however, savings accrued may be subject to negotiations prior to implementation at the City's request. Results of any Contractor -initiated pilot program shall be reported to the City in the quarterly reports described in Section 3.3.4.1. The Contractor shall not be required to test or implement any pilot program, new technology, service or development unless the terms and conditions thereof (including any savings or additional compensation to Contractor) have been mutually agreed in writing by the City and Contractor. 3.1.19 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, Recyclables, and Compostables 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. 3.1.20 Contractor Planning and Performance Under Labor Disruption 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 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. Identification of temporary Drop -box Containers or staffed packer truck locations for all material streams. For all sites identified in the Contractor -prepared Strike Contingency Plan, the Contractor shall list the property owner/lessee's contact information and the date on which permission for temporary use was received. The City shall review these locations, after which the City shall approve or deny in writing use of specific locations. 4. 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, specifically during the period surrounding the end of employee contracts with Contractor employees. 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 City of Spokane Valley 18 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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, the Contractor shall provide staffed Drop -box Containers or packer trucks for Customer use for each affected material stream in City -approved locations throughout the affected route areas, as well as the collection of reasonable quantities of accumulated materials (at least equal to the amounts that would have otherwise been collected in the Customer's Cart) at no additional charge on the next regular collection cycle for each material. The Contractor shall provide a Customer credit for all service missed equal to the Customers' regular rate minus the disposal component on the Customer's next regular invoice and shall proactively inform Customers of this policy in Contractor communications to Customers. 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 City Fee reduction due to the Customer credits for reduction in service so that the City does not experience any City Fee revenue loss due to those Customer credits. 2. An additional City cost reimbursement amount of $2,000 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 $5,000 per day for each day of Labor Disruption from the I day to the Th day of the Labor Disruption; 4. A performance fee of $10,000 per day for each day of Labor Disruption from the 81 day to 141 day of the Labor Disruption; and 5. A performance fee of $20,000 per day for each day of Labor Disruption for every day beyond the 141' 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 shall be subject to a special fee of $20,000 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 3.1.20 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(6). 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. City of Spokane Valley 19 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 3.1.21 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, Recyclables, and Compostables 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, Recyclables, and Compostables 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. 3.1.22 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. 3.1.23 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., Single-family, 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 cover the entire period following the Date of Execution of this Contract, up through and including the six month period following the Date of Commencement of Service. The Contractor shall separately describe in detail what is involved with each of the activities and events listed City of Spokane Valley 20 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract in the timeline. The Transition and Implementation Plan shall specifically address how the Contractor intends to proceed in the event of inclement weather and what contingency plans will be in place to accelerate implementation if Container delivery or other planned activities are impacted by inclement weather. The Contractor shall be responsible for funding all the design, development, printing, sorting, mail prep, delivery, and mailing costs, including the cost of the postage -prepaid mail -back cards and any costs associated with the website ordering services, and of all new and continuing service and educational materials described above and needed to comply with the Transition and Implementation Plan outreach described in this section of the Contract. Any additional promotional, educational, informational, and outreach materials provided by the Contractor to Customers in connection with the initial transition and implementation of the Contract shall be designed, developed, printed, and delivered by the Contractor, at the Contractor's cost, and subject to the City's prior review and written approval and the City's final approval as to method of delivery. The City will be provided a minimum of two (2) weeks to review any of the materials included in the Contractor's Transition and Implementation Plan. 3.1.24 Performance Review The City may, 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 3.1.24 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. 3.1.25 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. 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 City of Spokane Valley 21 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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. 3.1.26 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 Hazardous Waste 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 Hazardous Waste, 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 Hazardous Waste or any such other materials or substances is received. 3.1.27 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. 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 quarterly and 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. 3.2 Collection Services 3.2.1 Single-family Residence Garbage Collection 3.2.1.1 Subject Materials The Contractor shall collect all Garbage placed at Curbside for disposal by Single-family Residence Customers in, and adjacent to Micro -cans, Garbage Cans, bags, and Garbage Carts. The Contractor shall offer carry -out service for the appropriate service level rate, plus the carry -out surcharge, in accordance with Attachment B. City of Spokane Valley 22 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 3.2.1.2 Containers The Contractor shall provide collection Containers to Customers at no additional charge. All Single-family Residence Customers shall use a Contractor -provided Container for containing their regular quantities of Garbage, provided that Extra Units may be contained in bags or Garbage Cans set next to the Customers regular Container. Containers shall be delivered by the Contractor to Single-family Residence Customers within seven (7) days of the Customer's initial request. 3.2.1.3 Specific Collection Requirements The Contractor shall offer regular weekly collection of the following service levels: 1. 10-13-gallon Micro -can 2. 20-gallon Garbage Cart or 20-gallon Cart insert 3. 32/35-gallon Garbage Cart 4. 45-gallon Garbage Cart 5. 64-gallon Garbage Cart 6. 96-gallon Garbage Cart On Customer request, the Contractor shall also offer Customers monthly collection of one 32/35-gallon Garbage Cart with no Putrescible Wastes. Customers subscribing at this service level will continue to receive regularly scheduled Curbside Recycling and Compostables services. Garbage in excess of Container capacity or the subscribed service level shall be collected and properly charged as Extra Units to the Customer; with the exception of excess Garbage collection otherwise authorized under this Contract at no charge to the Customer. The Contractor shall maintain route lists in sufficient detail to allow accurate recording and charging of all Extra Units. Customers shall be allowed to specify that no Extra Units be collected without prior Customer notification, which shall be provided by the Single-family Residence Customer no less than two business days prior to that Customer's regular collection. Collections shall be made from Single-family Residences on a regular schedule on the same day and as close to a consistent time as possible. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return all Containers, in an upright position with lids closed and attached, to their original set out location. Carry -out charges shall be assessed in 25 foot increments only to those Customers for whom the Contractor must move a Container over five feet to reach the curb at the collection vehicle's nearest point of access. Extra Unit charges may be assessed for materials loaded so as to lift the Container lid in excess of six inches from the normally closed position and/or excess bags or cans left next to the Contractor provided container. Customers may specify to the Contractor that they may not be charged for Extra Units, in which case any such Extra Units shall be left at the Curb uncollected and tagged with written notification as to why it was not collected. The Contractor shall offer an annual Curbside clean-up program provided to all Single-family Customers as part of their regular Garbage service at no additional charge. The on -call service shall accept two categories of household Garbage items: (1) up to one cubic yard of individual small items not larger than three feet by three feet and weighing not more than 65 pounds; and (2) two additional items of Bulky Waste, including but not limited to appliances, mattresses, sofas and chairs. Each Single-family Customer shall be eligible to request one clean-up event per calendar year, on a week preferred by the Customer. The Customer shall provide the Contractor no less than seven calendar days' notice for a scheduled collection. City of Spokane Valley 23 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract Collection shall not occur on any weeks where there is a Holiday. The Contractor shall be responsible for maintaining records of Customer usage to ensure that each Customer only receives the free service once each calendar year. The Contractor shall advise Customers on appropriate strategies for addressing wildlife problems, including providing information on Customer behavioral changes, additional containerization, appropriate set -out times and locations. 3.2.2 Single-family Residence Recyclables Collection 3.2.2.1 Recyclable Materials Residential Recyclables shall be collected from all participating Single-family Residence Customers as part of basic Garbage collection services, without extra charge. As operational or recycling processing improvements are made that allow additional materials to be recycled at no additional cost to the Contractor, the Contractor agrees to expand the defined list of Residential Recyclables to cover such materials, subject to prior written approval by the City. The Contractor shall collect Curbside prepared and either called -in or set -out Recyclables as described in Attachment C. With the exception of Corrugated Cardboard, the maximum dimensions for Recycling materials shall be two feet by two feet. The Contractor shall also make available subscription -based curbside Recyclables service to Customers desiring such Recycling service without also subscribing to Garbage collection, at the rate(s) provided in Attachment B. 3.2.2.2 Containers The Contractor shall provide collection Containers to Customers at no charge. The default Recycling Cart size shall be 96-gallons, provided that the Contractor shall offer and provide 35- or 64-gallon Recycling Carts on request to those Single-family Residence Customers requiring less capacity than provided by the standard 96-gallon Recycling Cart. Recycling Carts shall be delivered by the Contractor to new Single-family Residence Customers, those Customers requesting replacements, or Customers that had previously rejected their Recycling Cart, within seven days of the Customer's initial request. 3.2.2.3 Specific Collection Requirements Single-family Residence Recyclables collection shall occur every -other -week on the same day of the week as each household's Garbage collection. Collections shall be made from Residences on a regular schedule on the same day and as close to a consistent time as possible. The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage collection service is provided. The Contractor's crews shall make collections in an orderly, non -disruptive and quiet manner, and shall return Containers with their lids closed and attached to their set -out location in an orderly manner. The Contractor shall collect all properly prepared Single-family Residence Recyclables from Single-family Residence Customers subscribing to Garbage service. No limits shall be placed on set -out volumes for Curbside Recyclables, other than those specifically listed in Attachment C. City of Spokane Valley 24 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 3.2.3 Compostables Collection 3.2.3.1 Subject Materials Subscription -based Compostables collection service shall be offered to all Customers (including Commercial and Multifamily Complex Customers) at an additional charge. Contaminated or oversized Compostables materials rejected by the Contractor at the Curb shall be tagged in a prominent location with an appropriate written problem notice explaining why the material was rejected. 3.2.3.2 Containers The Contractor shall provide the Cart for Compostables to subscribers at no additional charge as part of the basic Compostables service. The default Compostables Cart size shall be 96-gallons, provided that the Contractor shall offer and provide a 20-, 35- and 64-gallon Compostables Carts service level at the rates provided in Attachment B. Compostables Carts shall be delivered by the Contractor to all subscribing Customers within seven days of the Customer's initial request. Excess Yard Debris material that does not fit in a Compostables Cart shall be bundled or placed in Kraft paper bags or properly labeled Customer -owned Garbage Cans. Customers choosing to use their own Garbage Can for excess Yard Debris shall be provided durable stickers by the Contractor that clearly identify the container's contents as "Yard Debris." 3.2.3.3 Specific Collection Requirements Compostables shall be collected weekly March through November and monthly December through February on the same day of the week as Garbage collection is provided. Weekly collection shall resume in the week that contains the first day of March and collection shall be provided for all routes the entirety of that week, including February dates. Weekly collection shall continue through the week containing the last day of November and shall be provided for all routes the entirety of that week, including December dates. Monthly collection shall occur during the first full week of December through February. Collections shall be made from Customers on a regular schedule on the same day and as close to a consistent time as possible. Compostables in excess of the subscribed Container size may be charged Extra Units in 32-gallon increments, as included in Attachment B. Customers may also subscribe for an additional Compostables Cart at the rate provided in Attachment B. Compostables in excess of the Cart capacity subscribed by the Customer may be placed in Carts, paper bags, bundles, or repurposed and relabeled Garbage Cans next to the initial Compostables Cart, provided that Food Scraps shall be contained in the initial Cart and only Yard Debris shall be placed in bags, bundles, or open cans. The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage collection is provided. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return Containers in an upright position, with lids attached, to their set -out location. City of Spokane Valley 25 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 3.2.4 Multifamily Complex and Commercial Customer Garbage Collection 3.2.4.1 Subject Materials The Contractor shall collect all Garbage set out for disposal by Multifamily Complex and Commercial Customers in or next to Containers. 3.2.4.2 Containers Multifamily Complex and Commercial Customers shall be offered a full range of Container and service options, including Garbage Carts, one through eight cubic yard non -compacted Detachable Containers, and one through four cubic yard compacted Detachable Containers provided that Carts at Multifamily Complexes shall be discouraged unless necessary due to site constraints. Containers shall be provided to Customers at no charge, except for compacting Containers or unless otherwise set forth in this Contract and included in Attachment B. Materials in excess of the subscribed service level shall be collected and properly charged as Extra Units at the rates listed in Attachment B. The Contractor shall develop and maintain route lists in sufficient detail to allow accurate recording and charging of all Extra Units. The Contractor may use either or both front -load or rear -load Detachable Containers to service Multifamily Complex and Commercial Customers, although not all collection sites within the City Service Area may be appropriate for front -load collection due to limited maneuverability or overhead obstructions. The Contractor shall provide Containers and collection services capable of servicing all Customer sites, whether or not front -load collection is feasible. Containers shall be delivered by the Contractor to requesting Multifamily Complex and Commercial Customers within three days of the Customer's initial request. 3.2.4.3 Specific Collection Requirements Collections from both Multifamily Complex and Commercial Customers shall be made on a regular schedule on the same day and as close to a consistent time as possible to minimize Customer confusion. Customers shall use Containers for all regularly -generated Garbage. Occasional Extra Units placed next to the Customer's Container shall be collected if the Contractor's staff can reasonably handle the weight and bulk of the Extra Units. The Contractor's staff shall pick-up debris or litter created during the collection process within ten feet of the Container or within the Container enclosure, whichever is less. If a Customer's site frequently contains litter or Extra Units, photos shall be sent to the property manager, along with suggestions for changing collection frequency or Container size. In the event a Customer is unresponsive, the Contractor shall forward documentation of the situation to the City and the City may intervene in the case of code or health compliance issues as authorized by law. The Contractor shall provide locks for Containers upon request, remove and replace Containers from enclosures and position (roll -out) Containers up to 25 feet for Garbage (and Recycling and Compostable) collection at the charges itemized in Attachment B. Additional roll -out charges shall be assessed in 25 foot increments only to those Multifamily Complex and Commercial Customers for whom the Contractor must move a Container over 25 feet to reach the collection vehicle at its nearest point of access. Extra charges may be assessed for materials loaded so as to lift the Container lid in excess of six inches from the normally closed position and for bagged or bundled materials placed next to the Container. City of Spokane Valley 26 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract Customers with hard -to -access Containers that require the Contractor to wait for Customer Container relocation or use of specialized Contractor equipment to relocate Containers for dumping may charge those Customers additional access and/or hourly fees consistent with Attachment B. Customers may request extra collections and shall pay a proportional amount of their regular monthly rate for that service in accordance with the rates listed in Attachment B. 3.2.5 Multifamily Complex Recyclables Collection Recycling shall be available to Multifamily Complex Customers on a subscription basis at the Multifamily Complex Recycling rate surcharge provided for in Attachment B. If Recycling collection is requested, an itemized Multifamily Complex Recycling Fee shall be charged in addition to their basic Garbage charges, based on the size of the Customer's Garbage Container. 3.2.5.1 Subject Materials All Recyclables listed in Attachment C for Multifamily Complex Customers, shall be collected from Recyclables collection subscribers without limit. 3.2.5.2 Containers The Contractor shall provide Recycling Containers at no additional charge to Multifamily Complex Recyclables collection subscribers. 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. 3.2.5.3 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. 3.2.6 Temporary (Non -Event) Container Customers The Contractor shall maintain a sufficient Container inventory, including Detachable Containers, 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. City of Spokane Valley 27 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract The charges for temporary Detachable Container service as listed in Attachment B shall include delivery, collection, distance, and disposal. 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 regular Garbage service. 3.2.7 Special Event Services The Contractor shall provide temporary Garbage and Recyclables Containers to Customers sponsoring special events within the City Service Area at the rates listed in Attachment B. The Contractor shall provide such Customers with assistance in determining Container needs and signage for Garbage and Recyclables at the special events, including site visits and technical assistance to ensure that the maximum Recyclables diversion is achieved. The Contractor shall coordinate their efforts with the City, receive prior written approval for signage style and content, and provide such Customers and the City with a summary of the volumes and tonnages of materials disposed of, and diverted for recycling. The Contractor shall provide special event services as a bundle, with each event -provided collection of Garbage and Recyclables. The provision of Garbage -only service is discouraged, and shall be offered on a case -by -case basis only upon prior written approval of the City. 3.2.8 On -call Bulky Waste Collection The Contractor shall provide on -call fee -based Bulky Waste collection to any Customer. On -call collection of Bulky Waste shall be provided by the Contractor to Customers by appointment for no more than the charge set forth in Attachment B to this Contract, provided that Customers request collection no later than the day before their regular Garbage collection day. Bulky Waste must be placed at the Curb by the Customers or at a location specified by the Contractor. The Contractor shall notify the Customer of the specific date that their item will be collected, the charge that will be made to their next bill, and where the item should be placed for collection. The Contractor shall recycle all metal white goods, unless another arrangement is approved in writing by the City, and to make a reasonable effort to recycle all other materials collected. The Contractor shall direct Customers to remove doors from refrigerators and freezers before collection and not to place Bulky Waste at the Curb prior to twenty-four (24) hours before scheduled collection. The Contractor shall maintain a separate log listing service date, materials collected, Customer charges, weights, and whether the item was recycled or disposed. This log shall be provided to the City on a monthly basis in accordance with Section 3.3.4. On -call Bulky Waste collection must occur during the hours and days specified in Section 3.1.4, with the exception that Saturday collection is permissible if it is more convenient for Customers. 3.2.9 Excluded Services This Contract does not include the collection or disposal of Excluded Materials. Collection of Drop -box Containers containing Garbage (other than as provided under Section 3.1.20) are excluded from this Contract and are contracted separately by the City. City of Spokane Valley 28 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 3.2.10 Services at City Facilities The Contractor agrees to remove and dispose of Garbage and Recyclables generated in the normal course of business from City facilities identified in this section. This section shall not apply to collection of sludge, waste water, decant or any other substance from waste water treatment plants or third party activities such as construction projects pertinent to a City facility. Contractor agrees to provide a similar service level to the Garbage service levels below with the addition of Recyclables collection. Should service exceed 10% of the volumes listed, Contractor may charge City for such excess services pursuant to rates set forth in Attachment B, at the rates in effect at the time the excess volume occurs. City Facility Address Material Size Collection(s) Per Week Precinct 12710 E Sprague Ave Garbage 6 yard One Precinct 12710 E Sprague Ave Recyclables To Be Determined To Be Determined Center Place 2426 N Discovery PI Garbage 8 yard Two Center Place 2426 N Discovery PI Recyclables 6 yard One Maintenance Shop 17002 E Euclid Garbage 3 yard One Maintenance Shop 17002 E Euclid Recyclables To Be Determined To Be Determined City Hall 10210 E Sprague Ave Garbage 8 yard Two City Hall 10210 E Sprague Ave I Recyclables To Be Determined 1 To Be Determined 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; • Requesting at start of service Customer's preference for notification of service changes via robo- calls, texts or emails; • Informing Customers of current, new, and optional services and charges; • Handling Customer subscriptions and cancellations; • Receiving and resolving Customer complaints; • Dispatching temporary containers and special collections; • 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 3.1.7 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 City of Spokane Valley 29 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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. The Contractor shall provide additional staffing during the transition and implementation period, and especially from six weeks prior to the Date of Commencement of Service, through the end of the fourth month after the Date of Commencement of Service, to ensure that sufficient staffing is available to minimize Customer waits and inconvenience. The Contractor shall receive no additional compensation for increased staffing levels during the transition and implementation period. Staffing levels during the transition and implementation period shall be subject to prior City review and approval. 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 Single-family Residences, Multifamily Complexes, Commercial Customers, and special events; • 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 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 City of Spokane Valley 30 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract effort to resolve all complaints within one business day of the original phone call, letter, or internet 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 quarterly 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 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. 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. 3.3.2.6 Contractor Internet Website The Contractor shall provide a searchable user-friendly Internet website containing information specific to the City's collection programs, collection schedules, current day of collection map, 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 and live -chat 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 City of Spokane Valley 31 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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 emails 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, Recyclables, and Compostables 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, including the various services available to Customers in a Single-family Residence and Multifamily Complex, and for Commercial Customers. For new Customers, Customer service representatives shall explain all Garbage, Recyclables, and Compostables collection options available and specific to the sector the Customer is calling from. For existing Customers, the representatives shall explain new services and options, and resolve recycling issues, collection concerns, missed pickups, container deliveries, and other Customer concerns. Customer service representatives shall be trained to inform Customers of Recyclables and Compostables 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 representatives. Upon City request, the Contractor shall also provide the City with up to five 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. 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 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 Single-family Residence Customers shall be billed quarterly, and Multifamily Complex and Commercial 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, City of Spokane Valley 32 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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. Customers may temporarily suspend collection services due to vacations or other reasons for as long and as often as desired in one week increments, with a minimum of two weeks per suspension, and be billed pro-rata for actual services received. The Contractor may temporarily cancel service and retrieve Carts for those Customers who request a vacation hold greater than four weeks in duration. The Contractor may charge a Cart redelivery fee as listed in Attachment B if the Customer resumes service within nine months. The Contractor shall be responsible for the following: • Generating combined Garbage, Recyclables, and Compostables collection bills 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; • Accepting bill inserts for specific Customer sectors; • Maintaining a system to monitor Customer subscription levels, record excess Garbage or Compostables collected, place an additional charge on the Customer's bill for the excess collection, 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; City of Spokane Valley 33 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract • 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 quarterly, 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, Recyclables, and/or Compostables facility certified weight slips, and Customer charges and payments. 3.3.4.1 Quarterly Reports On a quarterly basis, within 15 days of the last day of each quarter, the Contractor shall provide a report containing the following information for the previous quarter: 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., Single-family Residence, Multifamily City of Spokane Valley 34 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract Complex, and Commercial Customers), 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 requests, complaints, inquiries, and site visits, 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, Recycling, Compostables, etc.), 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. Reports from the Contractor's Customer service telephone system showing total call volume, total calls answered, average speed of answer, average hold time, total number of abandoned calls, abandonment rate, and average time to abandonment. 4. Website utilization report showing total number of Customers paying their bills on-line, total number of Customers managing their services on-line, total number of a -mails received via website, data on site usage, and other data or information as the City may require for internal reporting purposes. 5. A summary of total Garbage, Recyclables and Compostables, quantities collected (in tons) for each collection sector. Where item counts are more appropriate for certain Recyclables or Bulky Wastes (e.g. appliances), reporting item counts are sufficient. The summary shall include the names of facilities used for all materials and tonnage delivered to each facility. G. A summary of the number of Single-family Customers receiving on -call clean-up services during the preceding quarter. Upon request, the City may require that the summary include a list of addresses of such customers. 7. 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.). 8. Changes in Compostables tipping fees. 9. A description of any vehicle accidents, infractions, leaks or spills. 10. A description of any promotion, education, and outreach efforts, including where possible, samples of materials, and summary of any feedback or response received from Customers. If collection vehicles are used to service more than one Customer sector, the Contractor shall develop an apportioning methodology that allows the accurate calculation and reporting of collection volumes and quantities from the different sectors. 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 Annual Reports On an annual basis, by January 30th, the Contractor shall provide a report containing the following information for the previous year: City of Spokane Valley 35 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 1. A consolidated summary and tabulation of the quarterly reports, described above. 2. A discussion of promotion, education, and outreach efforts, and accomplishments for each sector and plans for the coming year. 3. 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. 4. A list of Multifamily Complexes eligible for Recycling and Compostables collection service, but not receiving one or both services, with the results of required contacts made during the year to promote the Recycling and/or Compostables service to those complexes, including the reason why the Multifamily Complex is not receiving Recycling and/or Compostables service. 5. A summary of the quarterly logs of Customer requests, complaints, inquiries, site visits, and resolutions or results, as required in Section 3.3.4.1. The summary shall organize Customer requests, complaints, inquiries, and site visits by category (e.g., missed pickups, improper set-ups). 3.3.4.3 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 200 staff hours each calendar year to complete. If ad hoc reporting requires over 200 hours in a particular calendar year, the Contractor may charge the City for additional staff time at a rate of $35 per hour. 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. 3.3.4.4 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. City of Spokane Valley 36 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract The Contractor shall contact, at the City's request, the manager or owner of Multifamily Complex sites 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 or emailed approval as to form, content, and method of delivery. The City shall review and approve all materials and a two week City review period shall be provided by the Contractor to allow sufficient time for City review and approval. City review may be less than two weeks if the Contractor receives written approval from the City in advance of each project via email. 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 Single-family Residence, Multifamily Complex, and Commercial 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. City of Spokane Valley 37 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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 solid waste -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 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 Fee shall be included in Attachment B rates and shall not be itemized separately on Customer invoices. All Recyclables collection costs and revenues shall be added to the Garbage collection rates and displayed as one entire service rate (Garbage and Recycling) for all Single -Family Customer invoices, but Garbage collection rates and Recyclables collection costs shall be displayed separately in Attachment B for purposes of identifying the amount of the rate that is not subject to the state refuse tax. Charges for excess Garbage or Compostables, Single-family, Multifamily Complex and Commercial Compostables collection, On -call Bulky Waste collection services, Container rentals, or temporary Container services 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 Contractor shall not separately charge sales tax for services that include any Container as part of the overall service package. Only Services that separate and itemize optional container rental (for example, additional Cart 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 4.2.1 City Fees The Contractor shall pay to the City a one-time fee of $47,500 upon Contract execution to cover City costs for procuring this Contract. The Contractor shall also pay to the City a City Fee on or before the last working day of each month during the term of this Contract, starting on May 31, 2018. The City Fee shall be based on the gross receipts received by the Contractor from Customers under this Contract. Calculation of gross receipts shall not include the City Fee collected from Customers. The initial City Fee shall be assessed at 12.5% of gross receipts received by the Contractor from those Customers since the last City Fee payment period, consistent with the administrative fee calculations shown in Attachment D. The City Fee shall be used by the City for costs the City has identified from solid waste services, including costs for contract administration, solid waste planning and management, and for a portion of its street preservation and maintenance programs. City of Spokane Valley 38 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract Within the total City Fee collected, no more than 1.0% assessed on the gross receipts received by the Contractor from Customers may be used for Contract administration purposes. The Contractor's obligations to pay the City 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 City Fee, and Customers shall not be separately charged an itemized City Fee. Attachment D contains an example of how the City 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 City Fee, and the combined retail rate. Any adjustments to the City 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 City 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 City Fee for the following year by August 11, and the Contractor shall itemize and include the appropriate adjustment in its Rate Adjustment Statement provided September ls` of each year. In the event that the City 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 6.13, Permits and Licenses. 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 I` of each year, starting September 1, 2018. The City shall review and provide comment as to any errors with the calculations, by Sept 15t' of each year. In the event that the Contractor does not submit a Rate Adjustment Statement by September 11, the City shall calculate and unilaterally implement a rate adjustment based on the best available information as of September ls` of that year for the applicable period, and the Contractor shall lose the right to appeal this action. City of Spokane Valley 39 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract Absent City's notification and subsequent remedy of errors, the new rates shall take effect on December 1 ' of that year. Contractor shall notify Customers of the impending rate adjustment by October 151, at least 45 days prior to the new rate going into effect. Should ratepayers not receive notification by October 151, 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 Periodic Adjustments Periodic adjustments shall be made to Contractor collection rates to reflect increases or decreases in City disposal fees for Garbage, beginning with adjustment(s) for increases or decreases in the disposal fees that may occur after the Execution Date. In the event of a change in disposal fees, the disposal fee component of rates charged to Customers shall be adjusted, based on Container content weights specified by the Contractor in its proposal and included in Attachment B of this Contract. An example of rate modifications due to disposal fee changes is provided in Attachment D. 4.3.3 Changes in Disposal or Compostables Processing Sites If the Contractor is required by the City or other governmental authority to use Garbage disposal or Compostables processing sites 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. If the Contractor is no longer be able to find a processing site for all collected Compostables, after a good faith effort to locate a processing facility acceptable to the City, the City reserves the right to drop the collection of affected Compostables, such as Food Scraps, from the Contract and the City and Contractor shall negotiate rate reduction of Compostable and reduction or increase of Garbage rates in good faith to reflect the reduction in service for Compostables and increase in Garbage collections. If the Contractor is subsequently able to find a processing site for Compostables or the site that was originally used for processing Compostables is able to resume taking the dropped materials, the City reserves the right to reinstate the collection of those materials and to reverse the previously agreed rate reduction for the reduction in service. 4.3.4 Other Modifications Except as otherwise expressly provided for by this Contract, Contractor shall not adjust or modify rates due to employee wage increases, changes in commodity prices for Recyclables, changes in Compostables processing fees other than directed by the City subject to 4.3.3, Garbage collection service level shifts, or other changes affecting the collection system. In the event that unforeseen temporary market failure prevents or precludes compliance with the requirements of Section 3.1.12, the Contractor may request a temporary adjustment or other relief from the requirements of that Section 3.1.12. 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. City of Spokane Valley 40 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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. 4.3.4.1 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 increased or decreased Contractor costs in excess of $5,000 annually, the Contractor and City shall enter into good faith negotiations to determine whether compensation adjustments are appropriate for the amount exceeding the $5,000 threshold, 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, without meeting the $5,000 cost threshold referenced in the preceding paragraph. 4.3.4.2 Changes in Service Provision In the event that either the Contractor or City propose any changes in how Contract services are provided that reduce Contractor costs by over $20,000, 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 increased or decreased Contractor costs in excess of $10,000 annually, the Contractor and City shall enter into good faith negotiations to determine whether compensation adjustments are appropriate for the amount exceeding the $10,000 threshold, 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. City of Spokane Valley 41 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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 3.1.20: Action or Omission $500 per incident (each vehicle 1 Collection before or after the times specified in Section 3.1.4, except as expressly permitted in writing. on each route is a separate incident). 2 Repetition of complaints on a route after notification, $50 per incident, not to exceed including, but not limited to, failure to replace Containers in $5,000 per vehicle per day. designated locations, spilling, not closing gates, not replacing lids, crossing planted areas, or similar violations. 3 Failure to promptly clean-up or collect leaked or spilled Twice the cost of cleanup to the materials after notification by the City. City, plus $500 per incident. 4 Repeated leakage or spillage from Contractor vehicles or of $500 per vehicle, per inspection, vehicle contents after City notification to the Contractor of plus clean-up costs. the problem. 5 Failure to replace a leaking Container within one business $250 per incident, and then $100 day of notification. per day that the Container is not replaced. 6 Failure to collect missed materials within one business day $100 per incident to a maximum after of $5,000 per vehicle per day on notification. Single-family Residence routes and no maximum for Multifamily $50.00 each incidence business day after notification Complex and Commercial Customer routes. 7 Missed collection of a block segment of Single-family $5,000 per block segment if Residences (excluding collections prevented by inclement collection is not performed the weather, but not excluding collections prevented by following day. inoperable vehicles). A block segment is defined as one side of a street, between cross -streets, not to exceed 50 houses. 8 Rejection of Garbage, Recyclables, Yard Debris or $100 per incident. Compostables without providing documentation to the Customer of the reason for rejection. 9 Failure to deliver Containers within three days of request to $100 per incident. Multifamily Complex or Commercial Customers requesting service after the Date of Commencement of Service. City of Spokane Valley 42 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract Action or Omission Performance fees 10 Failure to deliver Garbage, Recyclables or Compostables $25 per incident. Containers within seven days of request to Single-family Residence Customers requesting service after the Date of Commencement of Service. I Material misrepresentation by Contractors in records or $5,000 per incident. 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. 12 Failure to provide the required annual report on time. $500 per day past deadline. 13 Failure to maintain clean, sanitary and properly painted $50 per incident, up to maximum Containers, vehicles and facilities. of $1,000 er inspection. 14 Collection of Recyclables, Yard Debris, or Compostables in $2,000 per vehicle, per incident. a vehicle placarded for Garbage collection without the express written permission of the City. 15 Failure to meet Customer service answer and on -hold time $100 per day. performance requirements. 16 Failure to meet the service and performance standards listed $250 per day until the service in Section 3.3.2 of this Contract for a period of two standards listed in Section 3.3.2 consecutive months. are met for 10 consecutive business days. 17 Failure to deliver Garbage, Recycling, and Compostables $5,000 per day, plus $25 per Containers to all existing Multifamily Complex and Container for each incident Commercial Customers, as requested on or before the Date occurring after the Date of of Commencement of Service. Commencement of Service. 18 Failure to include City authorized instructional/ promotional $50 per incident, with no materials when Garbage, Recycling, and/or Compostables maximum. Containers are delivered to Single-family Residences, or failure to affix required City authorized stickers on Containers. 19 Failure to properly use an authorized switchable placard or $100 per placard per vehicle per nameplates as described in Section 3.1.14. day. 20 Inability to reach the Contractor's staff via the emergency $500 per incident. telephone number. 21 Charging Multifamily Complex Customers unauthorized Refund of fees paid by the fees for Recycling services. Customer plus $1,000 per incident. 22 The use of outdated, or unauthorized stickers, or lack of $50 per Container. required stickers on Contractor -provided Containers. 23 Failure to have correct rates for all Customer sectors and $250 per day, with no maximum. service levels listed on the Contractor's website. 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 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 of Spokane Valley 43 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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% percent 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, Recyclables, or Compostables, 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 3.1.20 (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; 4. The Contractor causes uncontaminated Recyclables or Compostables 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 twenty thousand dollars $20,000 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 3.1.20. 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. City of Spokane Valley 44 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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 urther damages sustained or to be sustained by the City. If City employees provide Garbage, Recyclables or Compostables 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 Contractor's 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 10210 East Sprague Avenue Spokane Valley, WA 99206 To Contractor: Public Sector Solutions Director Waste Management of Washington, Inc. 720 41' Avenue, Suite 400 Kirkland, WA 98033 Public Sector Manager Waste Management 11321 E Indiana Road Spokane Valley, WA 99206 City of Spokane Valley 45 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 7. GENERAL TERMS 7.1 Collection Right The Contractor shall be the exclusive provider with which the City shall contract to collect Garbage, Recyclables and Compostables placed in designated Containers and set out in the regular collection locations within the City Service Area, with the exception of Drop -Box Container collection and any associated Residential Recycling collection services, which shall be contracted separately by the City. Collection of Garbage, Recyclables, and Compostables shall occur solely in accordance with the terms of this Contract. 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, Recyclables, or Compostables 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, Recyclables, and Compostables once these materials are placed in Contractor -provided or City -owned containers. The Contractor shall retain revenues gained from the sale of Recyclables or Compostables. Likewise, a tipping or acceptance fee charged for Recyclables or Compostables 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, Recyclables, and Compostables on request within 10 business days of the request. The weight slips may be requested for any period during the term 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. City of Spokane Valley 46 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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. 5. 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. 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. City of Spokane Valley 47 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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 Agreement, 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. 7.3.4 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 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 at the time Contractor returns the signed Contract, which shall be 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 to the 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 City of Spokane Valley 48 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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 $2,000,000. 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, 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) 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. City of Spokane Valley 49 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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, 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. City of Spokane Valley 50 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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. 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 name plates (magnetic, stickers City of Spokane Valley 51 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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. 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 City of Spokane Valley 52 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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, such as those identified through a pilot program under Section 3.1.18, to the Contract and to provide full disclosure of existing and proposed costs and operational impacts of any proposed changes. 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 City of Spokane Valley 53 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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 3.1.8. 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. 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 between the Contractor's proposal and this Contract, the provisions of this Contract shall prevail. The City City of Spokane Valley 54 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract 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 pne year of fast 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. Ifeon-binding mediation is not sugcessful, 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 ia-this'Contract are in reference to Pacific Standard Time. All references to days ate -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. APPROVED AS TO FORM: aL-"V� Office of thi Gity ttorney City of Spokane Valley 55 First Aruended and Restated Comprebeaaive Garbage, Recyelabke, and Conipostables Collection Contract Attachments 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 56 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract Attachment A City Service Area SPOKANE VALLEY SOLID WASTE SERVICES AREA ATTACHMENT A ffi w.1 Vft A- L9�A eWY C,tv of m. wau E1 W AYen.- M7rwood Pw v Sp�� "9 Mmq.—N Dr MN`ed�A+e Kma Ave CIfi' Of i--A M Ave Spokane Mlssin^Ave Mnwoe Are Coy of i a A Valley s � Lrly ® E e1�ad.e A- LakeF 3 Lake � e 5 a` � � vaney.av nve cay or Sp g+ A- _. SPnken iMryf,AvB ' Fwrm Ave Eymm�:.. rc F EgnmA. g < a it+A- 1 24mnve. � a zam Ave Spokane Count. � 72nd nv 41 �� 111 s ,O � p I�I�I�LLL��Y—ff��'LLL!ll��-11111YCC��—J11+++ Um Ave JJJ o*Valley' Solid Waste Services Area City of Spokane Valley 57 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract Attachment B Contractor Rates April 1, 2018 (Does not include State Refuse Tax) Attachment B - Contractor Rates rates do not include State Solid Waste Collection Tax Service Level Disposal Fee Recycle Collection Fee Garbage Collection Fee Total Service Fee Add: City Fee Total Fee Month) One 35 gallon Garbage Cart $ 1.26 $ 5.81 $ 4.16 $ 11.23 $ 1.42 $ 12.65 Weekly" One 10/13 gallon Micro-Can/Cart $ 1.37 S 5.81 S 6.21 $ 13.39 $ 1.70 $ 15.09 Residential One 20-gallon Garbage Cart $ 2.74 $ 5.81 $ 5.69 $ 14.24 S 1.81 $ 16.05 Curbside 1 35-gaBon Garbsge Cart $ 4.39 $ 5.81 $ 6.83 $ 17.03 $ 2.16 $ 19.19 Garbage 1 45 llon Garbage Cart $ 6.18 $ 5.81 $ 8.58 $ 20.57 $ 2.61 $ 23.18 Service I 64-gallon Garbage Cart $ 8.79 $ 5.81 S 8.95 $ 23.55 $ 2.98 $ 26.53 Includes Recycling 1 96-gallon Garbage Cart $ 13.19 $ 5.81 $ 11.06 $ 30.06 $ 3.82 $ 33.99 Additional 35 Gallon Carts wee svc $ 4.39 $ 1.24 $ 6.52 $ 0.83 $ 7.35 Extras 32 gallon equivalent) $ 1.01 $ 3.01 $ 4.02 $ 0.51 S 4.53 Yard Debris Curbside Subscription Yard Debris Service - 20-gallon Cart $ 6.75 $ 0.85 S 7.60 Subscription Yard Debris Service - 32/35-gallon Cart $ 7.25 $ 0.92 $ 8,17 Service Subscription Yard Debris Service - 64- Cart Subscription Yard Debris Service -96- lion Cart $ 8.58 S 9.90 $ 1.09 $ 9.67 $ 1.26 $ 11.16 Extra Yard Debris 32 gallon ba /can Additional Yard Debris Cart - Any Size $ 2.99 s 6.00 $ 0.38 $ 0.76 $ 3.37 $ 6.76 Miscellaneous Fees RetumT' $ 6.00 $ 0.76 $ 6.76 Recycling O no garbage service $ 8.64 Additional Recycling Cart $ 1.75 $ 1.10 $ 0.22 $ 9.74 S 1.97 Oversize Container r unit $ 3.79 $ 0.48 S 4.27 Carry Out 5 to 25 feet (per occurance $ 0.50 $ 0.06 S 0.56 Carry Out over 25 feet r occurance $ 0.30 $ 0.04 S 0.34 Distance Drive In: Over 125' and less than 250' (per occurrence $ 1.72 $ 0.22 S 1.94 Distance Drive In: Over 250' and less than 1/10 mile r occurrence $ 2.23 $ 0.28 S 2.51 Distance Drive In: each 1/10 mule over 1/10 mile occurrence $ 3.32 $ 0.43 $ 3.75 Roll -out Charge,r 25 R r cart, r time $ 2.99 Drive-in Charge, r month S 6.00 S 0.38 $ 0.76 S 3.37 $ 6.76 Overweight/Oversize container r $ 2.99 Redelivery ofonne or more containers $ 10.00 Cart Cleaning (per cart per cleaning $ 10.00 $ 0.39 $ 3.37 $ 1.27 $ 1.27 $ 11.27 $ 11.27 On -call Bulky Waste Non-CFC Containing Large Appliances ('white oods'), per item $ 20.00 $ 2.54 $ 22.54 Refrigerators/Freezers/Air Conditioners per item $ 30.00 Sofas, Chairs, per item $ 1.97 $ 18.07 S 20.04 $ 3.81 $ 2.55 $ 33.81 $ 22.59 Collection Mattresses, Box3prings, per item $ 2.95 $ 17.11 $ 20.06 $ 2.55 $ 22.61 •A Recycle Fee of $5.81 is embedded as part of the total monthly rate. This fee will be excluded from the State Solid Waste Tax and will adjust annually Attachment B - Contractor Rates rates do not include State Solid Waste Collection Tax Service Level"/"" Disposal Fee Collection Fee Total Service Fee Add: City Fee Total Fee Weekly Commercial Can and Cart One 20-gallon Garbage Cart $ 2.74 S 9.89 $ 12.63 S 1.60 $ 14.23 I 35-gallon Garbage Cart $ 4.39 $ 10.57 $ 14.96 $ 1.90 $ 16.86 1 45 llon Garbage Can $ 6.18 $ 11.88 $ 18.06 S 2.29 $ 20.35 164 llon Garbage Cart 1 $ 8.79 $ 12.32 $ 21.11 S 2.68 S 23.79 1 96 llon Garbage Can S 13.19 S 13.94 $ 27.03 S 3.43 S 30,46 Extras (32-gallon equivalent) $ 1.01 $ 3.01 S 4.02 $ 0.51 $ 4.53 Ancillary Fees: Wee 96 1 Cart Yard Debris/Foodwaste servic Extra Yard Debris 32 gallon bag/bundle/can Return Trip $ 9.22 $ 2.99 $ 6.00 $ 1.17 S 10.39 $ 0.38 S 3.37 $ 0.76 $ 6.76 Roll -out Charge, per addtn'l 25 R r can, r $ 1.50 Oversize Container r unit $ 3.79 $ 0.19 S 1.69 $ 0.48 $ 4.27 Carry Out 5 to 25 feet (per occurance $ 0.50 $ 0.06 S 0.56 Carry Out over 25 feet r occurance $ 0.30 $ 0.04 S 0.34 Distance Drive Im Over 125' and less than 25C (per occurrence Distance Drive In: Over 25V and less than 1/10 mile r occurrence Distance Drive In: each 1/10 mile over 1/10 mule r occurrence Redelivery ofcontamers $ 1.72 S 2.23 S 3.32 $ I0.00 $ 0.22 $ 0.29 $ 1.94 $ 2.51 $ 0.43 $ 3.75 $ 1.27 $ 11.27 Cart Cleaning r cart r ck ) $ 10.00 $ 1.27 $ 11.27 City of Spokane Valley 58 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract Attachment B contractor xates a rii t, Lutrs goes not incivae Mate xe>iuse 1 ax Weekly Commercial 1 Cubic Yard Container, 1 picicupOW week $ 35.64 $ 22.38 $ 58.02 1 $ 7.36 $ 65.38 1 Cubic Yard Container, 1 picki#week $ 71.28 $ 44.75 $ 116.03 $ 14.72 $ 130.75 Detachable Container 1.5 Cubic Yard Container, i OW week $ 53.46 S 29.93 $ 83.39 $ 10.58 $ 93.97 1.5 Cubic Yard Container, 1 is week $ 106.92 $ 59.88 S 166.80 $ 21.16 S 187.96 (compacted) 2 Cubic Yard Container, 1 is OW week $ 71.29 $ 35.29 $ 106.58 S 13.52 S 120.10 2 Cubic Yard Container, 1 is week $ 142.57 $ 70.58 $ 213.15 $ 27.04 S 240. l9 3 Cubic Yard Container, 1 OW week $ 106.92 S 44.59 $ 151.51 $ 19.22 $ 170.73 3 Cubic Yard Container,) k week $ 213.85 $ 89.171 $ 303.02 S 38.45 $ 341.47 4 Cubic Yard Container, 1 k OW week $ 142.57 $ 48.59 $ 191.16 $ 24.26 $ 215.42 4 Cubic Yard Container, 1 is week $ 285.13 S 97.19 $ 382.32 $ 48.51 $ 430.83 6 Cubic Yard Container, 1 OW week $ 213.85 $ 57.50 $ 271.35 $ 34.43 $ 305.78 6 Cubic Yard Container, 1 is week $ 427.70 $ 114,98 $ 542.68 $ 68.86 $ 611.54 Commercial Detachable Container 1 Cubic Yard, I icku OW week $ 11.88 $ 19.46 $ 31.34 $ 3.98 $ 35.32 I Cubic Yard, I pickup/week $ 23.76 $ 38.91 $ 62.67 $ 7.95 $ 70.62 I Cubic Yard, 2 is week $ 47.52 $ 77.85 $ 125.37 $ 15.91 $ 141.28 (loose) 1 Cubic Yard,3 pickups/week $ 71.29 $ 116.77 $ 188.06 $ 23.86 $ 211.92 1 Cubic Yard, 4 pickups/week $ 95.05 $ 155.69 $ 250.74 $ 31.81 $ 282.55 1 Cubic Yard, 5 is week $ 118.81 $ 194.62 $ 313.43 $ 39.77 $ 353.20 1.5 Cubic Yard, 1 is OW week $ 17.82 $ 26.04 $ 43.86 $ 5.56 $ 49.42 1.5 Cubic Yard, 1 icku week $ 35.64 $ 52.07 S 87.71 $ 11.12 $ 98.83 1.5 Cubic Yard 2 icku week $ 71.29 $ 104.14 $ 175.43 $ 22.26 $ 197.69 1.5 Cubic Yard, 3 pickups/week $ 106.93 $ 156.21 $ 263.14 $ 33.38 $ 296.52 1.5 Cubic Yard, 4 is week $ 142.58 $ 208.28 $ 350.86 $ 44.52 $ 395.38 1.5 Cubic Yard, 5 week $ 17&22 $ 260.35 S 438.57 S 55.64 S 494.21 2 Cubic Yard, 1 is OW week $ 23.76 $ 30.69 S 54.45 $ 6.91 S 61.36 2 Cubic Yard, 1 is week $ 47.52 $ 61.37 $ 108.89 $ 13.81 S 15170 2 Cubic Yard, 2 week $ 95.05 $ 122.74 S 217.79 S 27.63 S 245.42 2 Cubic Yard, 3 week $ 142.58 $ 184.12 $ 326.70 $ 41.45 S 368.15 2 Cubic Yard, 4 week $ 190.10 $ 245.49 $ 435.59 $ 55.27 $ 490.86 2 Cubic Yard, 5 is week $ 237.63 $ 306.86 $ 544.49 $ 69.08 $ 613.57 Commercial 3 Cubic Yard, 1 is OW week $ 35.64 $ 38.77 S 74.41 $ 9.44 S 93.85 Detachable Container (loose) 3 Cubic Yard, 1 pickup/week $ 71.29 S 77.53 $ 149,92 $ 18.88 $ 167.70 3 Cubic Yard, 2pickups/week $ 142.58 $ 155.05 $ 297.63 $ 37.76 S 335.39 3 Cubic Yard, 3 is week $ 213.87 $ 232.60 $ 446.47 $ 56.65 $ 503.12 3 Cubic Yard, 4 is week $ 285.16 $ 310.13 $ 595.29 $ 75.53 $ 670.82 3 Cubic Yard, 5 pickuWweek $ 356.45 $ 387.66 $ 744.11 $ 94.41 $ 838.52 4 Cubic Yard 1 icku OW week $ 47.52 $ 42,26 S 89.78 $ 11.39 $ 101.17 4 Cubic Yard, 1 pickup4eek $ 95.05 $ 84.50 $ 179.55 $ 22.78 $ 202.33 4 Cubic Yard, 2 pickups/week $ 190.10 $ 169.03 S 359.13 $ 45.56 S 404.69 4 Cubic Yard, 3 pickups/week $ 285.16 $ 253.54 $ 538.70 $ 68.35 $ 607.05 4 Cubic Yard, 4 pickups/week S 380.21 $ 338.06 $ 718.27 $ 91.13 S 809.40 4 Cubic Yard, 5 pickups/week $ 475.27 $ 422.57 $ 897.84 $ 113.91 $ 1,011.75 6 Cubic Yard, 1 pickupWW week $ 71.29 $ 50.00 $ 121.29 $ 15.39 $ 136.68 6 Cubic Yard, 1 pickup/week $ 142.58 $ 99.99 $ 242.57 $ 30.77 $ 273.34 6 Cubic Yard,2 pickups/week $ 285.16 $ 199.98 $ 485.14 $ 61.55 S 546.69 6 Cubic Yard, 3 is week $ 427.74 $ 299.97 $ 727.71 $ 92.32 $ 820.03 6 Cubic Yard, 4 pickups/week $ 570.32 $ 399.97 $ 970.29 $ 123.11 $ 1,093.40 6 Cubic Yard,5 pickups/week $ 712,90 $ 499.96 $ 1,212.86 $ 153.88 S 1,366.74 8 Cubic Yard, 1 kku OW week $ 95.04 $ 50.48 $ 145.52 S 18.46 S 163.98 8 Cubic Yard, 1 pickup/week $ 190.10 $ 100.96 $ 291.06 S 36.93 S 327.99 8 Cubic Yard, 2 pickups/week $ 380.21 $ 201.92 $ 582.13 S 73.86 $ 655.99 8 Cubic Yard, 3 pickups/week $ 570.32 S 302.87 S 873.19 $ 110.79 S 983.98 8 Cubic Yard, 4 pickupstweek $ 760.43 $ 403.83 $ 1164.26 $ 147.71 $ 1 11.97 8 Cubic Yard, 5 pickups/week $ 950.54 $ 504.78 $ 1455.32 $ 184.65 $ 1639.97 Extra loose cubic yard in container, per pickup $ 5.48 $ 4.63 $ 10.11 $ 1.28 S 11.39 Extra loose cubic yard on ground, per pickup $ 5.48 $ 14.63 $ 20.11 S 2.55 S 22.66 Detachable Container Ancillary Fees eroccurance Muhifamily Recycling Fee (per cubic yard per pick $ 1.29 $ 0.16 $ 1.45 Compactor Connect/Disconnect Service $ 25.27 $ 3.21 $ 28.48 Gate Service r occurrence $ 11.83 $ 1.50 $ 13.33 Lock/Unlock Service r occurrence Roll Out Fees r occurrence $ 11.83 $ 2.33 S 1.50 $ 13.33 $ 0.29 S 2.62 Roll Out Fees (per occurrence) - Ea. Add'15 ft. over 25 fL $ 0.55 S 0.07 $ 0.62 lReturnTrip Stand Time r minute $ 1.60 S 0.20 $ 1.80 Container Cleaning (per yard of container size Redelivery of Contairers $ 10.00 $ 20.00 $ 10.00 $ 1.27 $ 2.541 $ 1.27 $ 11.27 $ 22.54 $ 11.27 City of Spokane Valley 59 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract Attachment B Contractor Rates April 1, 2018 (Does not include State Refuse Tax) Temporary Collection Hauling 2 Yard detachable Container, per pick up $ 10.96 $ 17.70 $ 28.66 $ 3.63 $ 32.29 4 Yard detachable container, per pick u $ 21.93 $ 24.38 $ 46.31 $ 5.88 $ 52.19 6 Yard detachable container, per pick u $ 32.89 $ 28.83 $ 61.72 $ 7.84 $ 69.56 8 Yard detachable container, per pick u $ 43.87 $ 29.12 $ 72.99 $ 9.26 $ 82.25 Temporary Collection Container Rental and Delivery Delivery Fee Daily 7 Rental City Fee Total Fee 2 Yard detachable container $ 1.38 $ 0.17 $ 1.55 4 Yard detachable container $ 2.24 $ 0.28 $ 2.52 6 Yard detachable container $ 2.45 $ 0.31 $ 2.76 8 Yard detachable container $ 2.97 $ 0.38 $ 3.35 Delivery Fee (all sizes) 51.53 $ 6.54 $ 58.07 Event Services Hourly Rates Delivery, provision, collection of a set of 2 carts (Garbage+Recy) Service Per Day $ 24.99 PerHour City Fee $ 3.17 City Fee Total Fee $ 28.16 Per Hour Rear/Side-load packer+driver $ 75.02 $ 9.52 $ 84.54 Front -load packer + driver $ 75.02 $ 9.52 $ 84.54 Drop -box Truck + driver $ 75.02 $ 9.52 $ 84.54 Additional Labor (per person) $ 29.95 $ 3.80 $ 33.75 • EMra Lift: Additional service on scheduled pickup day while driver is on site. Rate is calculated by dividing monthly service rate by number of pickups in a month (4.333). i' Bdra Service: Additional service on a non-scheduled pickup day requiring a specially dispatched driver. Rate is calculated by dividing monthly service rate by number of pickups in a month (4.333) plus return trip fee. City of Spokane Valley 60 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract Rec clables shall be MATERIAL TYPE Glass Paper Cardboard Attachment C Recyclables List loose, empty, clean and DESCRIPTION • Food or beverage containers — brown, clear, or green - empty not baizRed as follows: PREPARATION INSTRUCTIONS Remove lids; empty of all food or liquids. Labels do not need to be removed. • 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 • Cardboard boxes • Cardboard packaging • Cardboard beverage `flats' or nursery `flats' 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. 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 cardboard can be flattened and -Placed City of Spokane Valley 62 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract EXCLUSIONS Leaded glass; light bulbs; porcelain; auto glass; windows, mirrors, baking dishes, storage dishes, ceramic, plates, glassware, storage/canning jars. 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. Waxed cardboard; fiber containing, or that has been in contact with food debris. next to cart. Must be d 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, removed. phones; car snow chains; approx. 2'x2'x2', 35 Metal appliances. lbs.). 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) screwed back on, materials; deli, bakery • HDPE bottles/jugs remove all other lids; 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, not need to be (outdoor furniture, cottage cheese removed. laundry baskets, • 5-gallon buckets 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 Curbside 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 63 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract Attachment D Rate Modification Examples The collection and disposal components of the Customer charges listed in Attachment B will be adjusted separately, as appropriate. The collection component of Customer charges will be adjusted annually, pursuant to this Section and as described below. The disposal component of the Customer charges listed in Attachment B will be adjusted only if the City receives notification from the City's disposal provider of a pending disposal fee adjustment, and will not become effective until the new disposal charges become effective and are actually charged to the Contractor. Formulas for both collection and disposal rate adjustments are provided as follows: Collection Component Adjustment The sum of the collection and City 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)/2) — oCPI oCPI Where NCC = The new collection and City Fee components, adjusted for excise tax on the City Fee, of the customer rate for a particular service level; and PCC = The previous collection and City Fee components, adjusted for excise tax on the City Fee, of the Customer rate for a particular service level; and mCPI = The semiannual 2nd half CPI average for the previous year (for the period July 1- December 31, 2017, for example); and nCPI = The semiannual 1" 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). Disposal Component Adjustment In the case of a Garbage disposal fee modification at the City's Disposal System, the disposal component of each service level shall be adjusted as follows: Step 1: A = ODC x NTF OTF Step 2: NDC=A+KA—ODQxCETA City of Spokane Valley 64 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract Where NDC = The new disposal charge component of the customer rate for a particular service level; and NTF = The new disposal fee, dollars per ton; and ODC = The old disposal charge component of the customer rate for a particular service level; OTF = The old disposal fee, dollars per ton; and A = Pre -excise tax adjusted disposal component; and CETR = Current excise tax rate (the current State excise tax rate; 0.015 used for this example). For example, using an initial one 35-gallon cart rate of $23.52 per month: if the previous CPI is 143.2, the new CPI is 144.3 and the disposal fee will increase from $140 to $150 per ton starting on January 1, 2019, the old disposal component is $5.00, and the State Excise Tax rate is 0.015, the January 2019 Customer charge for one 35-gallon cart per week Residential Curbside service would be: (144.3-143.2) New Collection Component = $18.52 x [1+ 90% x----------------] _ $18.64 (143.2) New Disposal Component = [$5.00 x (150/140)] plus excise tax adjustment of $0.01 = $5.36 Thus, the new Customer charge for one 35-gallon cart per week Residential Curbside service will be $18.64 service component plus $5.36 disposal component, equaling $24.00. City Fee Adjustment The Contractor's Single -Family, Commercial and Multifamily rates shown in Attachment B include an embedded City Fee, which may be adjusted from time to time, pursuant to Section 4.2.1. The initial contract rates have incorporated an City Fee corresponding to a 12.5% fee on gross receipts from those Customers, as follows (1 cubic yard non -compacted, 1 pickup per week as example): Collection Fee ($38.91) + Disposal Fee ($23.76) + City Fee ($7.83) + Excise Tax at 1.5% on Administrative Fee ($0.12) = Customer rate of $70.62. In the event the City Fee is adjusted, the City 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 65 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract Attachment E Insurance Certificates CERTIFICATE OF LIABILITY INSURANCE C=nWATE oafs WT AFFIVAMWELY gat ML1MWWMV A CQ Ex1EM OR AM73t TM COVMAdW AFFWnM 13Y Tim tOUCIS DEUM 11W CERICI M OF NUMMMM DOES WT CON911T 1E A CORTRP= 00 IM MMM WKNOM A11HOR2M I tlAlllltORNMU MAMIMCERilICATEHMAER. 15dt�tmR ItSt�tO6Ai1ONH011V� mlAljed1b GrhMMdDm�lsof pe>�ces»tm lPWW-MW10��.oaoae�n ffi�m�Iwtc�r btDamf6e�reotmuoR M00c services Eaeeu.es,e. mc. Calaa 212-rr: eroamb-mny Dallas Tz omcs i ��l1.t maw m .wam aowtu me a® rlalaial 3swfalty insurance conwry z5 s 1r It UMPOWmt. lac. eaamsA: UNA a saeretet Moleatm MC 77002-GM UM e.wt�lm eouml� alleeDle RE1flS1Odi UIkAo1BER IIF nmuvorartrrR:Pturesrremaa w9M%1M9*DTWffW/#MMAWPtEWUNtELEW TSM OR COICIfCM C AWCCk7RACrCR OYMM OOOtMWR wall REST Ta VD@M tMs C�[fauCJ17B our E BmI116D dl lzllT 1917J1aR Tli� DAURM = A!'FAM 3M mY THE NLLCIES O tOWN 0 m MX= TOIML T M T EMLU CI8AMCOICUMMOPSUCHFOLIMMLWMmHft" WYMglEEMU R 8YPMCLNB Lselteha art' T9Mereiaoaeatt rasrarsll um a6sammromicaa"mule aAAswaet �aodse eAOMataAorMca l MrMwn—r..al relmoiaaaADYeuart «suer ecR /'OttT eaMaltAMeaAOAlt Al1oCMCTl.cCaWprAm ❑�� nllaar aesal�eaasern AINAM f�6QaaAaaLAW amaYerelrlAlrinsry Me= —nmadowiLft OKY M0040MAMlllarraiYWtlM1aA MR06CIaY u It a,y,as p criocsa>e®ca 4.On0 u _ _._ _ _..r... Ear esorss LI.Mlitr ACf7leaiRuW4AW. _ 0 wy�sutya aslmgsasat a AM Mrillalf i u A is tt�wwl Lismrt172y palic7. CANCE LATMU _9 AM Ot ffi mom A rmlcer at Gum= man an ralcT Ion amtmlt 9" at awml u AAaaIIDR VON ae �Ea inspravley aal "I ]D6 Aunex� .>isll4'..7�°'a.i�elA..unGb:e�..�Aua 0INSMSACM KMgo&wm VWL ACOM25TftACM=W2W10WW*=V8WWll 3 OfACOM City of Spokane Valley 66 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract f,rl eJNIUCI:.;.Ttv i'� uA r ti CO'HERMEli _. Wit=2.A .. CERTMATE REVMMNN TreS S TO CBRMF TMAT THE POLICES Of MtSU AMM DYED Ba M MAYS BEEN== TO THE ME MED W MM ACNE MR7iE PM" PMM 14DICATM NO R MSfANOW AM ReMMUMM. TERLI CR COIMXnOM Of ANY COMTI M CR GRIM DOCU&T-Kr W M RESPECt TO YW=K TM CMUIrATE WAY BE MMM OR WAY PERTAML THE WSUOIINCE AFFCftM aY THE PCLEES DMIMMED M 3M M WLMT TO ALL THE TERM, 01C<LJ BAMCONSCfM MPOL.f01MLWMStR1MWAYMAYEHMNRMUMBYPAM?CUMM !Y!!CF'Cf01NIUNCi POttG OMMIM uwM A LTcwr t LaaHamf p p MOG17t MI iliMU II M19 snnloaa s S0000lp a'M&M s ®own • 5000400-- I M z - r Q T 0El �in FAIR fA IMKIITM TTi� �i� eter r�eo PAW-M ! ATWW 14W44T0 C nYOF SPOPL4MVAU" sHLDaM,DAMIYOfTMABMDEIW ' POPOLIM BE CAtCEUM BB"M I1321 E DIDEIAI3AIID THE E)WgtKR M DATE TMEM MF, WOUM YAL BE DELMMED H NATMTHM PCl1CYF9en1 SPCKANEilAI3.i V AW2D6 A?A 079884M ACCUD CORPDRATMJL AM [4pa iesawlQ ACOFM25PNM The ACORD nww and hVeamsegi wed mafks ofACORD City of Spokane Valley 67 First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract ACORl7' CERTIFICATE OF LIABILITY INSURANCE ks. � I/l/20192/13/2018 ATE(MWDDNYYY) r THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such, dorsement(s). PRODUCER LOCKTON COMPANIES 3657 BRIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866-260-3538 ACT A • HC EO Et): /uC No E- DRE s INSURERIS) AFFORDING COVERAGE INSURER A: ACE American Insurance Company 22667 INSURED WASTE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATED, 1300299 RELATED & SUBSIDIARY COMPANIES INCLUDING: WASTE MANAGEMENT OF WASHINGTON, INC. 720 FOURTH AVENUE, SUITE 400 KIRKLAND WA 98033 INSURER B : 'Indemnity Insurance Co of North America 43575 INSURER C : ACE Fire Underwriters Insurance Company 20702 INSURER D INSURER E INSURERF• e,nvFRArrFC WAVTRTCT.A CGRTICICATF NIIMRFR- 1d7I11F17 RFVICIAN NIIMRr-R• XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LIRA TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY y y HDOG27873091 1/1/2018 1/1/2019 EACH OCCURRENCE 5000000 CLAIMS MADEFRI OCCUR DAPREMAGE TMISESO RENTED occurrence)5.000 000 XCU INCLUDED X MED EXP (Any oneperson) XXXXXXX x Wgm CG00010413 PERSONAL & ADV INJURY $ 51000,000 JIF0 GEN•L AGGREGATE LIMIT APPLIES PER: POLICY JECOT- [K] LOC GENERAL AGGREGATE $ 6,000 000' PRODUCTS - COMP/OP AGG $ 6,000 000 $ OTHER: A AUTOMOBILE LIABILITY Y Y MMTH25097890 1/1/2018 1/1/2019 COMBINEDaccidenSINGLE$ 1000000 BODILY INJURY (Per person) $ XXXX){){){ ANY AUTO AOUTOS ONLY AUTOSULEDBODILY 1xxx INJURY (Per accident $ XXX)�IXAUTOS F r accciid DAMA E$ XXXXXXX ONLY X AUTOS ONLY $ } xxx)Cxx MCS-90 A X UMBRELLA LIAS X OCCUR Y Y XOO G27929242 003 I/l/2018 1/1/2019 EACH OCCURRENCE S 15,000,000 AGGREGATE $ 15,000,000 EXCESS LIAB CLAIMS -MADE DIED I I RETENTION $ 1 $ XXXXXXX 1 1 B `4 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN OFFICER/MEMBEREXCLUDED? (Myandatory In NH) , describe under DESCRIPTION OF OPERATIONS below N/A Y WLR C64622778 (ADS) WLR C64622778 (AZ,CA,&MA SCFC64622791 (W1) 1/1/2018 1/1/2018 1/1/2018 1/1/2019 1/1/2019 1/1/2019 PE OTH- X srATurEER E.L. EACH ACCIDENT $ 3,000,000 E.L.DISEASE - EA EMPLOYEE 3,000 000 E.L. DISEASE -POLICY LIMIT s 3,000,000 A EXCESS AUTO LIABILITY y y XSA H25097889 1/1/2011 1/1/2019 COMBINED SINGLE LIMIT $9,000,000 I (EACH ACCIDENT) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Sehedula, may be attached if more space Is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED. BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED ISEXCEPT FOR INCLUDED ONOR E S' COI MP/EL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. 30 DAY NOTICE OF CANCELLATION GtKI1tIGA1 t KULUtK t:ANGtLL.A1I1UIN See Atlactlmenl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 14701612 AUTHORIZED REPRESENTATIVE CITY OF SPOKANE VALLEY 10210 EAST SPRAGUE AVENUE SPOKANE VALLEY WA 99206 ACORD 25 (2016103) ©1988-2016 ACORD CORPORATI All r)ahts reserved The ACORD name and logo are registered marks of ACORD Attachment Code : D540783 Certificate ID : 14701612 POLICY NUMBER: HDO G27873091 Endorsement Number: 35 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYY/) 031022018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Southwest, Inc. Dallas TX office CONTACT PHONE FAX laic. No. Exe : (866) 283-7122 A/C. No.: 800-363-010S E-MAIL ADDRESS: CityPlace Center East 2711 North Haskell Avenue INSURER(S) AFFORDING COVERAGE NAIC 8 Suite 800 Dallas TX 75204 USA INSURED INSURERA: Ironshore Specialty Insurance Company 25445 INSURER 8: waste Management. Inc. 1001•Fannin INSURER C: Suite 4000 INSURER D: Houston TX 77002-6711 USA INSURER E: INSURER F: CAVFRAr:FS CERTIFICATE NUMBER: 5700703595BU REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE INSD ZUBR WVD POLICY NUMBER W MMID LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS -MADE OCCUR PREMISES a occurrence MED EXP (Any one person) PERSONAL 8 ADV INJURY GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE POLICY ❑JECT 0LOC PRODUCTS-COMP/OPAGG OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT e ec BODILY INJURY ( Per person) ANYAUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY P PROPERTY DAMAGE Paraccident I AIBRELLAI — CESS LL4B X OCCUR CLAIMS -MADE 002830701 Env EXceSs Liability 07 01 017 07/01 2018 EACH OCCURRENCE 524, 000, 000 AGGREGATE $24,000,000 RETENTION WORKERS COMPENSATION AND PER STATUTE OTH- EMPLOYERS' LIABILITY YIN ANY PROPRIETOR I PARTNER I EXECUTIVE E.L. EACH ACCIDENT OFFICERIMEMBER EXCLUDED? (Mandatory in NH) ❑ N I A E.L. DISEASE -EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT A Env Site Liab 002830601 07/01/2017 07/01/2018 Each Incident Limit $1,000,000 Claims -Made Aggregate Limit $2,000,000 SIR $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks schedule, may be attached If more space Is required) Named Insured Site Location: Waste Management of Washington Inc., Spokane Hauling, 11321 E. Indiana Rd., Spokane Valleyyt WA 99206-5133, city of Spokane valley is included as Additional insured in accordance with the policy provisions of the Pollution Legal Liability policy. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the Pollution Legal Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley AUTHORIZED REPRESENTATIVE 10210 East Sprague Avenue Spokane valley WA 99206 USA IQCM ✓R ylq t Y-IG L 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ICNCITY ,,;00WIey- BOND NO: 30031267 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley, Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Waste Management of Washington, Inc. (Contractor), as Principal, a contract for solid waste, recycling, and compostables collection (the Contract) in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a performance bond as surety for its performance under the Contract. The Principal, and Western Surety Company (Surety), a corporation, organized under the laws of South Dakota and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of $2,000,000, subject to the provisions herein. This performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any deficiencies in service for the period and pursuant to the terms specified in the Contract; and if such performance obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and'waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCWAL (CONTRACTOR y_-W to t f MahagemenWashmgto nc. �/_ 2-27-18 ;,racial Sigt;�ture Date Print✓d' Name O" L ANd Vice president and Tmsurer Title E,M e Surety Company % 2-27-18 Surety Signature CofDate Vanessa Dominguez Printed Name Attorney -in -Fact Title Name, address, and telephone of local office/agent of Surety Company is: Aon Risk Services Southwest, Inc. 5555 San Felipe, Suite 1500, Houston, TX 77056 832-476-6000 Updated 1.19.2017 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and sea] herein affixed hereby make, constitute and appoint Lupe Tyler, Lisa A Ward, Wendy W Stuckey, Michael J Herrod, Nancy Thomas, Donna L Williams, Melissa L Fortier, Anoop Chawla Adlakha, Vanessa Dominguez, Misty Wright, Individually of Houston, TX, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 17th day of July, 2017. �E rY WESTERN SURETY COMPANY �j `SE AV/P �kiy�•o�µS` kaulT.flat, Vice President State of South Dakota ss County of Minnehaba On this 17th day of July, 2017, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Fails, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOHR NOTARYPUBIJC June23,2021 �Bc-tmDAKOTA J. Mohr, Notary Public CERTIFICATE I, L, Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation nted on the reverse he of is still in force. In testimony whereof I have hereunto subscribed my name and affixed the, slot�jhe said corporation this � day of� O 10 WESTERN SURETY COMPANY J J � PPOgq A _ A Sey'P D�LLo - '- �IsnAssistant ,Secretary Form F4280-7-2013- ��j>��0- JJJJJ)JJ_LJ l`h=� Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. r � y y ,acoR& CERTIFICATE OF LIABILITY INSURANCE lik.� I / l /2025 DATE(MM/DDNYYY) 1 12/ 13/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES NTACT 3657 BRIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866-260-3538 FAX ruC Na, EXt : (AIC, No E-MAIL ADDRESS, INSURER(S) AFFORDING COVERAGE INSURER A: Indemnity Insurance Co of North America 43575 INSURED WASTE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATED, 1300299 RELATED & SUBSIDIARY COMPANIES INCLUDING: WASTE MANAGEMENT OF WASHINGTON, INC. 720 FOURTH AVENUE, SUITE 400 INSURER B: ACE American Insurance Company 22667 INSURER C : ACE Fire Underwriters Insurance Company 20702 ACE Pro etTy and Casualty lnsu ance Company NSURER D : P p y 20699 INSURER E : KIRKLAND WA 98033 INSURER F : COVERAGES WAKIRKLA CERTIFICATE NUMBER: 14384170 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMMIDDrrffYI POLICY EXP (MM1DDrr`YYY1LIMITS B Xr COMMERCIAL GENERAL LIABILITY Y Y HDO G48902339 1/1/2024 1/1/2025 EACH OCCURRENCE 5,000,000 CLAIMS-MADEFX7 OCCUR PREMISES ERENTED nces 5,000,000 MED EXP (Any oneperson) XXXXXXX XCII INCLUDED _2L X ISO FORM CG00010413 PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JE0 rX LOC GENERAL AGGREGATE $ 6,000,000 PRODUCTS - COMP/OP AGG $ 6,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y Y MMT H10822294 1/I/2024 1/1/2025 Ee a.,d.",SINGLE LIMIT $ 1,000,000 X BODILY INJURY (Per person) $ XXXXX3�� ANY AUTO AUTOSONLY SCHEDULED X BODILY INJURY (Per accident $ XXXXXXX X PROPERTY DAMAGE $ XXXXX3�X AUTOS ONLY X AUUTOS ONLY X $ XX.XXJ xx MCS-90 D X UMBRELLA LLAB X OCCUR Y Y XEU G27929242 009 1/1/2024 1/1/2025 EACH OCCURRENCE $ 15,000,000 AGGREGATE $ 15,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ XXXXXXX '`� B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N OFFICER/MEMBER EXCLUDED?ECUTIVE (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A Y WLR C55517010(AOS)) WLR C55516881 (AZ,CA & M SCF C55517083 (WI) 1/1/2024 1 / 1 /2024 ]/]/2024 1/1/2025 1 / 1 /2025 ]/]/2025 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 3 000 000 E.L. DISEASE - EA EMPLOYEE 3,000,000 E.L. DISEASE - POLICY LIMIT 3,000,000 B EXCESS AUTO LIABILITY Y Y XSA H10822233 1/1/2024 1/1/2025 COMBINED SINGLE LIMIT $9,000,000 (EACH ACCIDENT) DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) BLANKET WAIVER OF SUBROGATION 1S GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED ON ALL POLICIES (EXCEPT FOR WORKERS' COMP/EMPLOYER'S LIABILITY) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION 14384170 CITY OF SPOKANE VALLEY 11321 E. INDIANA RD. SPOKANE VALLEY WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD i__3_0-��I 0 ,d►�Ro® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/28/2024 F THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Southwest, Inc. Dallas TX Office CONTACT NAME: PHONE (A/C. No. Ext): C866) 283-7122 777TM.No.): 800-363-0105 E-MAIL ADDRESS: 5005 Lyndon B Johnson Freeway Suite 1500 Dallas Tx 75244 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Ironshore Specialty insurance Company 25445 waste Management, Inc. 800 capitol Street INSURER B: INSURERC: Suite 3000 Houston TX 77002 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570106944901 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MMlDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS -MADE ❑ OCCUR '� PREMISES Ea occurrence MED EXP (Any one person) PERSONAL & ADV INJURY GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY ❑ PRO- JECT LOC PRODUCTS - COMP/OPAGG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident BODILY INJURY ( Per person) ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE Per accident) A UMBRELLA LIAB OCCUR IEELPLLCA52F004 07 O1 24 0710112025 EACH OCCURRENCE $24,000,000 X EXCESS LIAB Hx CLAIMS -MADE AGGREGATE $24,000,000 DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR I PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N ! A PER STATUTE I OTH- ER E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT A Environmental Site Liability ISPILLSCAS21004 07/01/2024 Each Incident Limit $1,000,000 claims -Made �6710112025� Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Named Insured Site Location: waste Management of Washington, Inc., Spokane Hauling, 11321 E. Indiana Rd., Spokane valley WA 99206-5133. city of Spokane valley is included as Additional Insured in accordance with the policy provisions of the Pollution Legal Liability policy. A waiver of subrogation is granted in favor of certificate Holder in accordance with the policy provisions of the Pollution Legal Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. city of Spokane valley AUTHORIZED REPRESENTATIVE 10210 East Sprague Avenue Spokane valley wA 99206 USA 6Z0450t,� r5aut L d o 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD