Loading...
17-188.08SunshineDisposalRecyclingDropBoxContainerCollection r Spokane 10210 E Sprague Avenue • Spokane Valley WA 99206 Valley Phone: (509)720-5000 • Fax: (509)720-5075 •www.spokanevalleywa.gov Email:cityhall@spokanevalleywa.gov November 13, 2024 Contract No. 17-188.08 Marc B. Tone President Sunshine Disposal &Recycling 2405 North University Road Re: Contract no. 17.188.08—Extension of Rates for Comprehensive Drop-box Container Collection Contract with Sunshine Disposal, Inc. Dear Marc: As you are aware, pursuant to Section 4.3.1 of the Comprehensive Drop-box Container Collection Contract, reference 17-188 ("Agreement"), rates are automatically adjusted annually on December 1. As the City, and Sunshine Disposal & Recycling ("Sunshine") work towards a new agreement for Solid Waste Transfer, Transport, and Disposal Services, the City has notified its solid waste system contractors of its desire to move annual rate adjustments from December 1 to January 1. The rates per the current Agreement are set to be adjusted for CPI on December 1, 2024. By signing below, the City and Sunshine mutually agree that the automatic increase in CPI will now take place on January 1, beginning with January 1, 2025. Also by signing below, Sunshine agrees to amend Section 4.3.1 of the Agreement to read as indicated below so that all prospective CPI adjustments become effective on January 1 of each year to coincide with the adjustments of disposal rates beginning on January 1, 2025: 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 immediately preceding calendar year as compared to the CPI average for the next preceding 12-month period July 1 through June 30 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. 1 of 2 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. The Contractor shall deliver 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 October 15th of each year. The City shall review and provide comment as to any errors with the calculations, by October 25th of each year. In the event that the Contractor does not submit a Rate Adjustment Statement by October 15th, the City shall calculate and unilaterally implement a rate adjustment based on the best available information as of October 15th of that year for the applicable period, and the Contractor shall lose the right to appeal this action. Absent City notification and subsequent remedy of errors, the new rates shall take effect on January 1st of the following year. Contractor shall notify Customers of the impending rate adjustment by November 15th, at least 45 days prior to the new rate going into effect. Should ratepayers not receive notification by November 15th, due to missed deadlines by the Contractor, implementation of the new rates shall be delayed by one month without opportunity for recovery of lost revenue. An example of rate adjustments due to Consumer Price Index changes is provided in Attachment D. To compensate Sunshine for the loss in revenue due to the delay in CPI increase,the City shall pay Sunshine a one-time fee of: $9,701. Except as specifically amended herein, all other terms and conditions of the Agreement shall remain in full force and effect. Capitalized terms used herein but not defined shall have the meanings set forth in the Agreement. By signing below, you certify that you have been duly authorized to enter into this Amendment by the party on whose behalf you are signing. CITY OF SPOKANE VALLEY CONTRACTOR Joiaman By: Marc Torre City Manager Its: Authorized Representative APPROVED AS TO FORM: ice of the City A torney 2 of 2 Io) SUNSDIS-01.-LPARISO '4�oRo CERTIFICATE OF LIABILITY INSURANCE DATE 31122026 ) 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 'NONTACT HO Alliant Insurance Services, Inc. ;PHONE -- FAx --- 818 W Riverside Ave Ste 800 fAlc No, Exl): (509) 326-3024 - (AIC, No)(509) 325 1803 Spokane, WA 99201 _. INSURERS) AFFORDING_ COVERAGE . NAIC 0 __......_.. _ - 1 INSURER A:Pioneer Specialty Insurange_Company !40312 -........... _.... ....— wsuRED i INSURERs:GuideOne National_ Insurance Company 114167... .. Sunshine Disposal, Inc; Sunshine Recyclers Inc. PO Box 13369 Spokane Valley, WA 99213-3369 F: A/ICQ !-=nTICWIATC 11"AAotb. 12C\/lCt/1a11JItaADCD• 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. __ -- ......-._.. - -- E OF IN .-.-_.._ ---------.._....... ....-----.. ILSR I TYPE OF INSURANCE 'ADDL�SUBR POLICY NUMBER POLIpY EFF P CMW.DY PYYY, LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S ---- 1,000,000 --- r - CLAIMS -MADE X OCCUR X CPP 1245956 9/1/2024 r Q 91112025 '` PI3 1$ES {EaENTED LS 1,000 0OO ... EXP (Any_anepg_r-san,._-- S,OOfl ---- I PERSONALS ADV INJURY.....-..i.3 1,000,000 'II l GENERAL _I¢ .....-._ 2,000- ,000 - p X LOCPOLICY R L PRODUCTS COMP/OPAGG 1I_.------ — — 2,000,000X OTHER: i S A AUTOMOBILE LIABILITYICOMBINED SINGLE LIMIT i S 1,000,000 ---------- X ANY AUTO CPP1241445 911/2024 911/2026 INJURY{Perpamon) 5 -- ' OWNED SCHEDULED .. _._..- AUTOS ONLY I _' AUTOS ! _BODILY ...... I BODILY INJURY-.{Peraaiden� --- -- �qpp �.}p .py�,� ..._.. .. AUTOS ONLY AUTOS ONI� I ',,. p ' t efaER YnlpAIdAGE 1 _.. S ------ S A X UMBRELLA LIAB X OCCUR ; EACH OCCURRENCE $ 3,000,000 ExCESSLIAB CLAIMS MADE UMB 1041609 91112024 j --- 91112025 AGGREGATE.._-_ 3,000,000 DED X RETENTIONS 10,000 A I WORKERS COMPENSATION - EMPLOYERS' LIABILITY .;._STATUTE..: -. oRH _ ! .... ,AND YIN ! CPP 1246966 9M12024 N 1 A j 911/2026 E.L EACHACCICENT �S 1000,000 ppFFFICERMIEEM66ER EXCLUDED' I 1,000,O0fl (MandatorylnNH} I It yes, descn-oe under DESCRIPTION OF OPERATIONS Mew EL_DISEASE.-EA EMPLOYEE S__---___ E.L. DISEASE -POLICY LIMIT $ ---- 1,000,000 B )Excess Liability 156000225404 9/112024 911/2025 ;Occurrence/Agg Limit' 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule maybe attached it more space 1s required) Pollution Policy M PPK2668003001, Term: 3/15/2025 to 3115/2026, 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. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ATE THEREOF, City of Spokane Valley ACCORDANCE WITH THE POLICY P OVIS ONSCf WILL BE DELIVERED IN 10210 E. Sprague Ave 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 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—CompletedOperations 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.