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14-084.04 Sunshine Recyclers: Solid Waste Disposal Rates 2018-2019 r Cmokane �s�� \N CITY MANAGER Mark Calhoun,City Manager ��lley® 10210 E. Sprague Avenue ♦ Spokane Valley WA 99206 (509) 720-5000 ♦ Fax: (509) 720-5075 • cityhall@spokanevalley.org October 25, 2018 Marc B.Torre President Sunshine Recyclers, Inc. dba Sunshine Disposal&Recycling 2405 North University Road Spokane Valley,WA 99206 Re: 2018/19 Solid Waste Transfer, Transport, and Disposal Rates, Contract 14.084.04 effective December 1,2018 Dear Marc, We would like to thank Sunshine Recyclers, Inc. ("Sunshine") for its solid waste transfer, transport, and disposal services this past year. The first four years of the City of Spokane Valley's (the "City") agreement with Sunshine (the "Agreement") for such services has been successful for the City and our citizens and we look forward to our ongoing partnership. 2018/19 Rate Based on CPI This letter is in regard to the rates for 2018/19 effective December 1, 2018. All capitalized terms herein shall have the same meaning as set forth in the Agreement unless otherwise defined. As you are aware, pursuant to Section 5.3 of the Agreement, Sunshine is entitled to an automatic increase in the Service Fee and Organics Fee equal to: 90% of the percentage change in the average CPI for the 12 month period July 1 through June 30 of the calendar year the adjustment becomes effective as compared to the CPI average for the preceding twelve month period and multiplying the result by the then applicable Service Fee and Organics Fee. The rate increase was originally effective December 1, 2015, and has and will occur each December 1 thereafter. Pursuant to our discussions, we understand that this automatic increase will result in an increase of 2.78% to the Service and Organics Fees, which would result in increased rates as follows prior to the inclusion of the 3.6% refuse tax: Service Fee: $99.26 per ton (from $96.57 per ton) + additional administrative fee amount Service Fee minimum: $16.40 (from$15.96) Organics Fee: $53.94 per ton (from$52.48 per ton) Organic Fee minimum: $10.78 (from $10.49) Administrative Fee Further, pursuant to Section 5.4, Sunshine is required to pay the City an annual administrative fee of$125,000. This fee may be "added, as applicable, to the fees set forth in Section 5.2, as adjusted, to make up the total tipping fees that [Sunshine] charges." The additional rate shall be "based upon the annual projected tonnage of Acceptable Waste." The City and Sunshine originally agreed upon an additional amount of$2.75 per ton to be added to the rates to provide for the administrative fee, which was based upon an initial estimate of 45,500 tons. Administrative Fee Overage During 2015 Sunshine collected 63,411 tons instead of collecting the estimated 45,500 tons. Based upon that amount, Sunshine collected approximately $49,380 more than the $125,000 administrative fee owed to the City pursuant to the Agreement. The Agreement does not specify how overages shall be accounted for. The City has utilized this overage in 2015 and subsequent years to buy down the Service Fee and Service Fee Minimum Rates and the remaining balance after the year ending November 30, 2018 is complete is projected to be $3,733. For the 2018/19 year, the projected tonnage is estimated to be 77,500 tons of waste. Based on the estimated tonnage, the City fee would be $1.61 per ton to collect the full $125,000 administrative fee. 2018/19 Rates We request that$37,200 of the administrative fee be applied to the Service Fee by reducing the administrative fee collected to $1.13 per ton. We request that the Service Fee Minimum charged for trips with an amount of waste up to and including 320 pounds be reduced from $16.40 to $15.44. The City shall provide for the reduction by compensating Sunshine $0.96 per trip. Currently, we understand that you estimate 14,000 trips at the Service Fee Minimum cost level,which would result in an estimated total of$13,440. The City shall pay for the reduction from the $125,000 administrative fee revenue as part of its ongoing management of its solid waste system. With such reduction, the rates for 2018/19 will be as follows. Service Fee: $99.26 per ton + $1.13 (administrative fee) = $100.39 per ton ($104.00 per ton including the 3.6% refuse tax) Service Fee minimum: $15.44 ($16.00 including the 3.6% refuse tax) (up to 320 pounds per trip) We request that the Organics Fee be assessed at their full amounts as follows. Organics Fee: $53.94 per ton Organics Fee minimum: $10.78 Refuse tax of 3.6% does not apply to yard waste. The total administrative fee remitted to the City would be $78,093 ($125,000 administrative fee - $37,200 (Service Fee reduction) - $13,400 (Service Fee Minimum reduction) + $3,733 (beginning balance). These adjustments will go into effect in accordance with the Agreement as of December 1, 2018. If you are in agreement with administrative fee rate, Service Fee and Service Fee minimum as set forth herein, please sign below to acknowledge the receipt and concurrence to set the rates as provided herein. Please return two copies to the City for execution. A fully executed original copy evidencing the agreement between the City and Sunshine for the new rates will be mailed to you for your files. This letter shall supplement the Agreement solely as provided herein, but shall not otherwise amend or modify the Agreement and all terms of the Agreement shall remain in full force and effect. Very truly yours, CITY OF SPOKANE VALLEY C0-44144„-_ Mark Calhoun, City Manager ATTEST: APPROVED AS TO FORM: 1/6 Christine Bainbridge, City Cl:r• Office of e City Attorney ACCEPTED AND AGREED: CONTRACTOR SUNSHINE RECYCLERS,INC. B . Name: /714,--e.- Its: 7 ,'_Its: AY S./Zen 74"-'