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14-084.12SunshineDisposalRecyclingTransferTransportDisposal SpOknC" 10210 E Sprague Avenue♦ Spokane Valley WA 99206 Valley Phone: (509)720-5000♦ Fax:(509)720-5075 ♦www.spokanevalleywa.gov Email:cityhall@spokanevalleywa.gov October 23,2024 Contract No. 14.084.12 Marc B. Tone President Sunshine Disposal& Recycling 2405 North University Road Re: Extending 2023/2024 Solid Waste Transfer, Transport, and Disposal Rates through December 31, 2024; Dear Marc: The City would like to thank Sunshine Disposal & Recycling ("Sunshine") for its continued solid waste transfer, transport, and disposal services. Pursuant to Section 5.3 of the current 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 Organic Fee. Currently, rate increases become effective December 1 of each year. Understanding that the Parties are working towards a new agreement to present to City Council which is anticipated to go into effect with new rates to be effective on January 1, 2025, the City requested, and Sunshine agreed, to forego the annual automatic increase that would normally go into effect on December 1, 2024. The automatic increase to the Service and Organics Fees would have resulted in an estimated 3.1% increase in rates. Also, pursuant to Section 5.4 of the current Agreement, 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 2023/2024 year, the projected tonnage was estimated to be 89,000 tons of waste. Based on this tonnage, the City fee was $1.40 per ton to collect the full $125,000 1 of 2 administrative fee. Further, pursuant to Section 5.4(D) of the Agreement, Sunshine would be required to pay the City $1.00 per ton as the"Right-of-Way Maintenance Fee". Therefore, understanding that as the Parties continue to work towards a new Agreement, the Parties, by their signatures below agree to the following amendments: • Sunshine agrees to forego the automatic CPI increase scheduled for December 1, 2024 pursuant to Section 5.3 of the Agreement. Instead, Sunshine agrees to keep all rates currently in effect as evidenced by the letter dated September 25, 2023, reference 14.084.10, through December 31, 2024. • The Parties agree to extend the collection of the $1.40 per ton administrative fee through December 31, 2024. • As consideration for Sunshine foregoing the CPI increase on December 1, 2024, the Parties agree that the amount collected by Sunshine and due to the City as the administrative fee described in Section 5.4(A) — (C) of the Agreement for the period of December 1, 2024 through December 31, 2024, and the amount due to the City for the period of December 1, 2024 through December 31, 2024 pursuant to the "Right-of-Way Maintenance Fee"as described in Section 5.4(D) of the Agreement shall not be remitted to the City, but shall be retained by Sunshine. All of the other contract provisions contained in the original Agreement shall remain in place and remain unchanged in exercising this amendment. If you are in agreement with the amendment to the original Agreement as described herein, please sign below. A fully executed original copy will be mailed to you for your files. By signing below on behalf of the Contractor, you certify that you are authorized representatives of Sunshine and that you have authority to bind the same. CITY OF SPOKANE VALLEY CONTRACTOR .1*e Hohman By: Marc Torre City Manager Its: Authorized Representative APPROVED AS TO FORM: ice of the City Attorney 2 of 2 I Ll - 099 voc)ti2 SUNSDIS-01 LEARISO ,�►coRO' CERTIFICATE OF LIABILITY INSURANCE DATIMM DIYYYY) 31121212l2025 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(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 NQNTACT Alliant Insurance Services, Inc. L_PHONE -- - FAX- 818 WRiverside Ave Ste 800 I_(Alc No, Ext) (509) 325 3024 (AlC, No) (509) 325 1803 Spokane, WA 99201 -. INSURED Sunshine Disposal, Inc; Sunshine Recyclers Inc. PO Box 13369 Spokane Valley, WA 99213-3369 _ INSURER(S)AFFORDING.COVERAGE NAICR_ INSURER a. Pioneer Specialty insurance_Company 40312... INSURER _s:GuldeOneNational Ins uran.c..e.-Company 14167____ INSURERC; -- LaISURER,D.................. ...... ........ -------.._..._._....-...-__._.......__—........—i------.-..._..... INSURER F : cnvcoenl=s rFl?TICIr`ATC NI IIURCD- RCVICtIAN M11MRF0- 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, ILSR TR TYPE OF INSURANCE ADSD �SUBR POLICY NUMBER -PO p0Y EFF PML 6Y EXP LIMITS A X ! COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ --- 1,000,000 ------ CLAIMS -MADE X 4 occuR X CPP 1245956 9/1/2024 ._... --- - __-- r 9/112025 DAMAGE TO RENTED PREMISES (Ea osc xret se�_�S 1,000,000 __ 5,000 ' I PERSONAL 6 ACV INJURY....,-.-,� 1,000,000 1000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 PR POLICY X JELQT X LOC I PRODUCTS_ CONP/OPAGG , S__ __. __ 2,000,000 - OTHER: A AUTOMOBILE LIABIUTY ' I ! '. COMBINED SINGLE LIMIT 1,000,000 X_ ANY AUTO ! C! P 1241445 9/1/2024 9/11202.5 BODILY INJURY (PerpersonZ 5 OWNED j SCHEDULED I I AUTOS ONLY IANpUTOpS�T1 BODILY INJURY.(PeraccWW) S '_ D AUTOS gPera .-...._ ...; ONLY J AUTOS ONLY ! : cidentgAldAGE S A ' X UMBRELLA LIAB X OCCUR i EACH OCCURRENCE __. ... $ 3,000,000 EXCESS LIAS CLAIMS -MADE LIMB1041609 9N12024 9/112026 AGGREGATE -.__-_, - i5 3,000,000 DED X RETENTIONS 10,000: S A :WORKERS COMPENSATIONPER ;AND EMPIOYER5'tIABIUTY : _.'_STATUTE...; ORN __ —_-- CPP 1246966 91112024 ':ANY PROPREEIETORIPARTNERIcXECUTIVEYIN� 9/112025 1,000,000 FICERRrI MRHR EXCLUDED' NIA: {MandatorylnNH) E.L. DISEASE - EA EMPLOYEE S — 1,000,000 Iryes, descnbeunder 'DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 B !Excess Liability ! '66000226404 9/1/2024 i 91112026 ;Occurrence/Agg Limit' 2,000,000 DESCRIPTION OF OPERATIONS J LOCATIONS! VEHICLES (ACORD 101, Additioml Remarks Schedule may be attached if more space Is required) Pollution Policy #: PPK2668003001, Term: 3/1512026 to 311512026, Carrier: Tokio Marine Specialty Insurance Company/Philadelphia, Occurrence Limit: $5,000,000, Aggregate Limit: $5,000,000 Excess Policy is excess over underlying Pioneer Specialty Insurance Company Umbrella policy. City of Spokane Valley is additional insured (primary and non-contributory) under General Liability with respect for ongoing operations performed for the City per form attached. City of Spokane Valley 10210 E. Sprague Ave 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. AUTHORIZED __(REPRESENTATIVE E ?W_J <a i ACORD 26 (2016/03) O 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY WN GL 139 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CONTRACTORS -- OPERATIONS AND COMPLETED OPERATIONS - WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Additional Insured —Operations A. Section II — Who Is An Insured is amended to include as an additional insured: (1) Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and (2) Any other person or organization you are required to add as an additional insured under the contract or agreement de- scribed in Paragraph 1. above. Such person(s) or organization(s) is an add- tional insured only with respect to liability for "bodily injury", "property damage" or "per- sonal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for the additional insured. B, With respect to Additional Insured - Opera- tions, coverage is limited as follows: This insurance does not apply to "bodily in- jury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or WN GL 139 06 18 (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 2. Additional Insured —Completed Operations A. Section II — Who Is An Insured is amended to include as an additional insured: (1) Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and (2) Any other person or organization you are required to add as an additional insured under the contract or agreement de- scribed in Paragraph 1. above. Such person(s) or organization(s) is an addi- tional insured only with respect to liability for "bodily injury", "property damage" or "per- sonal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; and included in the "products -completed op- erations hazard". Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc„ with its permission.