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14-084.07 Sunshine Disposal: Solid Waste Transfer Transport & Disposal Rates S�.i.�.� *. CITY MANAGER pokane Mark Calhoun,City Manager do•OValley 10210 E. Sprague Avenue • Spokane Valley WA 99206 (509) 720-5000 • Fax: (509) 720-5075 • cityhall@spokanevalley.org September 22, 2020 Marc B. Torre President Sunshine Disposal & Recycling 2405 North University Road Spokane Valley,WA 99206 Re: 2020/2021 Solid Waste Transfer, Transport, and Disposal Rates, Contract 14.084.07 effective December 1,2020 Dear Marc, We would like to thank Sunshine Disposal & Recycling, Inc. ("Sunshine") for its solid waste transfer,transport,and disposal services this past year. We very much appreciate your hard work and customer service and we look forward to our ongoing partnership. 2020/2021 Rate Based on CPI This letter is in regard to the rates for 2020/2021 effective December 1,2020. 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 2.092% to the Service and Organics Fees, which would result in increased rates as follows (rates do not include additional administrative fee amount): • Service Fee: o Prior to adding 3.6% refuse tax: $104.38 per ton (from $102.23 per ton last year with the 0.25% increase in the B&O tax) o After adding 3.6% refuse tax: $108.14 per ton • Service Fee minimum: o Prior to adding 3.6%refuse tax: $17.24 per ton (from$16.89 last year with the 0.25% increase in the B&O tax) o After adding 3.6% refuse tax: $17.86 • Organics Fee: $56.71 per ton (from $55.55 per ton last year with the 0.25% increase in the B&O tax) • Organic Fee minimum: $11.33 (from $11.10 last year with the 0.25% increase in the B&O tax) Administrative Fee 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." For the 2020/2021 year, the projected tonnage is estimated to be 83,000 tons of waste. Based on this tonnage, the City fee would be $1.51 per ton to collect the full $125,000 administrative fee. The City has utilized the administrative fee in past years to buy down the total tipping fee (composed of the Service Fee and Administrative Fee) and Service Fee minimum rates and desires to do so again this year. 2020/2021 Rates The City desires that citizens see a before-tax CPI adjustment of, at most, 2.092% (as used above) to the tipping fee rate and Service Fee minimum rate. Accordingly,we request that a portion of the administrative fee be applied to the total tipping fee by reducing the administrative fee collected to $1.18 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 $17.24 to $16.24. The City shall provide for the reduction by compensating Sunshine $1.00 per trip. To reduce coin-handling at the scale house, Sunshine may impose a fee less than this amount pursuant to contract section 5.2(A)(1). If this option is exercised we request that Sunshine notify us of the amount to be charged before it is imposed. The City shall pay for the reductions in the total tipping fee and Service Fee minimum from the$125,000 administrative fee revenue as part of its ongoing management of its solid waste system. With such reduction,the rates for 2020/2021 will be as follows. • Total Tipping fee: $104.38 per ton (Service Fee) + $1.18 per ton (administrative fee) = $105.56 per ton ($109.36 per ton including the 3.6% refuse tax) • Service Fee minimum =$16.24 ($16.83 including the 3.6% refuse tax) (up to 320 pounds per trip) We request that the Organics Fee be assessed at its full amount as follows. • Organics Fee: $56.71 per ton. • Organic Fee minimum: $11.33.To reduce coin-handling at the scale house,Sunshine may impose a fee less than this amount pursuant to contract section 5.2(B). If this option is exercised we request that Sunshine notify us of the amount to be charged before it is imposed. Note - Refuse tax of 3.6% does not apply to yard waste. At this time, we understand that you have estimated 83,000 tons of solid waste for 2020/2021. Further, we understand you have estimated there will be 20,000 trips at the Service Fee minimum rate. We request that for 2020/2021 you collect and remit to the City the resulting total administrative fee amount based on the $1.18 per ton administrative fee and necessary $1.00 per trip reduction to the Service Fee minimum cost based upon the actual tonnage collected and actual number of trips at the Service Fee minimum, rather than on estimated amounts. We request that you provide calculations of these amounts (fees, tonnage,trips, etc.) with each quarterly remittance of the administrative fee. This will allow the City to provide the appropriate amount from the administrative fee to reduce the total tipping fee and Service Fee minimum in the specified amounts without resulting in varying balances due to differences in the actual versus estimated tonnage. These adjustments will go into effect in accordance with the Agreement as of December 1, 2020. If you agree with the above fees 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 it(catz__ Um_ 1:±13(2/620 Mark Calhoun, City Manager ATTEST: APPROVED AS TO FORM: ( -1\r•-t. Christine Bainbridge, City Clerk - Office of he City Attorney ACCEPTED AND AGREED: CONTRACTOR SUNSHINE RECYCLERS, INC. By: Name: G OIY' Its: Pre‹.-c/e(2(-2// .f Contract(s): 14-084 SUNSDIS-01 LPARISOT ACORO DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/31/2020 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 CONTACT NAME: Alliant Insurance Services,Inc. 818 W Riverside Ave Ste 800 j,v"c°,Nr o,Exq:(509)325-3024 jac,No:(509)325-1803 Spokane,WA 99201 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Pioneer Specialty Insurance Company 40312 INSURED INSURER B:Evanston Insurance Company 35378 Sunshine Disposal,Inc;Sunshine Recyclers Inc. INSURERC: PO Box 13369 INSURER D: Spokane Valley,WA 99213-3369 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMM/DD/YYYYI IMM/DD/YYYYI A X COMMERCIAL GENERAL UABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X CPP1245956 9/1/2020 9/1/2021 PREMISES(EaEoccurrence) $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIToT_APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JEI: X LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY (Ea accciden SINGLE LIMIT $ 1,000,000 X ANY AUTO _ CPP1241445 9/1/2020 9/1/2021 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY _ AUTOS BODILY BOODILY INJURY(Per accident) $ AUTOS ONLY _ AUTOS ONLY (PPer a dent)AMAGE A X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 3,000,000 EXCESS LIAB CLAIMS-MADE UMB1041609 9/1/2020 9/1/2021 AGGREGATE $ 3,000,000 DED X RETENTION$ 10,000 $ A WORKERS COMPENSATION STATUTEPER ERH AND EMPLOYERS'LIABILITY CPP1245956 9/1/2020 9/1/2021 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ FFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Pollution Liability CPLMOL100244 3/15/2019 3/15/2021 Each Condition 5,000,000 B Pollution Liability CPLMOL100244 3/15/2019 3/15/2021 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Excess Policy#: EXL2056978,Term:9/1/2020 to 9/1/2021,Carrier:Endurance American Specialty Insurance Co,Limits:$2,000,000 XS$3,000,000 City of Spokane Valley is additional insured(primary and non-contributory)under General Liability with respect for ongoing operations performed for the City perform attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave,Suite 103 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD