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HomeMy WebLinkAbout17-187.10WasteManagementDropBox2025B&OTaxRevisionTHIRD AMENDMENT TO THE COMPREHENSIVE DROP -BOX COLLECTION CONTRACT BETWEEN THE CITY OF SPOKANE VALLEY AND WASTE MANAGEMENT OF WASHINGTON, INC. (the "Parties") Spokane Valley Contract #17-187.10 RECITALS WHEREAS, the Parties entered into the Comprehensive Drop -box Container Collection Contract for the collection of Drop -box Containers containing Garbage from Single family Residences, Multifamily Complexes, and Commercial Customers and the additional collection of Recyclables from subscribing Multifamily Complexes Customers that utilize Drop -box Container Garbage services by and between the Parties, executed by the Parties on January 4, 2018, and effective April 1, 2018, and which terminates on March 31, 2030, as amended on July 23, 2020 and November 13, 2024 (the "Contract"); and WHEREAS, the Washington State Legislature passed HB 2081, which amended RCW 82.04.290 to increase the business and occupation tax from 1.75% to 2.1 %, effective October 1, 2025; and WHEREAS, pursuant to Section 4.3.3.1 of the Contract, Contractor may seek to adjust rates to address increases in costs due to changes in State taxes; and WHEREAS, the new rates will become effective as of November 1, 2025; and WHEREAS, the Parties desire to amend the Contract to incorporate the increase in the business and occupation tax into the rates paid by customers. AGREEMENT NOW THEREFORE, for good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the Contractor mutually agree as follows: 1. Oriainal Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Contract and any amendments thereto which are not specifically modified by this Third Amendment to the Contract (this "Amendment"). All defined terms used herein but not defined shall have the meanings set forth in the Contract. 2. Amendment Provisions: (a) Attachment B — Contractor Rates. Attachment B — Contractor Rates is hereby deleted in its entirety and replaced with the attached Exhibit A, which reflects the B&O Tax increase of .35%. Such rates shall be effective as of November 1, 2025. (b) Compensation Adjustment. Pursuant to Section 4.3.3.1 of the Contract, the City shall make a one-time payment to the Contractor to compensate Contractor for B&O Taxes not collected from Customers in October 2025. The City hereby agrees to make a one-time payment to Contractor equal to the percentage increase of the B&O Tax (.35 %) of Contractor's applicable disposal and collection revenue under the Contract for the month of October 2025. The Contractor shall deliver to the City an invoice and supporting documentation deemed satisfactory to the City. Upon approval of the invoice by the City, which shall not be unreasonably denied, conditioned or delayed, the City shall provide Third Amendment to the Comprehensive Drop -Box Collection Contract Page 1 of 3 Between the City of Spokane Valley and Waste Management of Washington, Inc. payment to Contractor within 30 days of such approval. (c) Counterparts; Signatures. This Amendment may be signed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. Signatures transmitted electronically shall be deemed valid execution of this Amendment and binding on the Parties. IN WITNESS WHEREOF, the Parties have executed this Amendment to the Contract this gr day of 6et&ben,, 2025. Each person signing this Amendment represents and warrants that he or she has been duly authorized to enter into this Amendment by the Party on whose behalf it is indicated that the person is signing. CITY OF SPOKANE VALLEY: CONTRACTOR: By: //�� -- By: ohn Hohman 4,.ason S. Rose, President City Manager Waste Management of Washington, Inc. Its: Authorized Representative ATTEST: By: M c Patterson, City Clerk APPROVED AS TO FORM: I (� 3�.=; By: f ACity mey Third Amendment to the Comprehensive Drop -Box Collection Contract Page 2 of 3 Between the City of Spokane Valley and Waste Management of Washington, Inc. Attachment B - Contractor Rates Effective as of November 1, 2025 (Does not include State Refuse Tax) Service Level (based on pick ups) Dail- Rent Monthly Rent Delivery Charger Haul Charge* All Sector Non -compacted 10 cubic yard Drop -box $ 3.39 $ 50.55 $ 65.93 $ 104A5 Drop -box Non -compacted 15 cubic yard Drop -box $ 4.65 $ 66.31 $ 65.93 $ 104.45 Collection Non -compacted 20 cubic yard Drop -box $ 5.92 $ 82.05 $ 65.93 $ 104.45 Non -compacted 25 cubic yard Drop -box $ 6.30 $ S6.40 $ 65.93 $ 104.45 Non -compacted 30 cubic yard Drop -box $ 6.66 $ 90.72 $ 65.93 $ 104.45 Non -compacted 40 cubic yard Drop -box $ 7.41 $ 110.41 $ 65.93 $ 104A5, Compacted 10 cubic yard Drop -box outside contract $ 65.93 $ 165.73 Compacted 20 cubic yard Drop -box outside contract $ 65.93 $ 165.73 Compacted 25 cubic yard Drop -box outside contract $ 65.93 $ 16S. 73 Compacted 30 cubic yard Drop -box outside contract $ 65.93 $ 165.73 Compacted 40 cubic yard Drop -box outside contract $ 65.93 $ 168.73 Drop -box Ancillary Fees Per Unit Multifamily Recycling Fee (per cubic v and of DB stz $ 7.14 Return Trip filer event) $ 31.95 Stand-by Time (per minute'.' $ L99 Container clearing (per yard of container size) $ 12.75 Drop -box excess mileage (over 5 mi): per one-way mile $ 3.79 Service Level Delivery Fee Daily Rental '-NIonthl Rental Haul Charge Temporary- Non -compacted 10 cubic yard Drop -box $ 65.93 $ 3.39 $ 50.55 $ 134.36 Containers Non -compacted 20 cubic yard Drop -box $ 65.93 $ 59'1 $ 52.05 $ 134.36 Non -compacted 30 � cubic yard Drop -box $ 65.93 $ 6.66 $ 90.72 $ 134.36 Non -compacted 40 cubic yard Drop -box $ 65.93 $ 7.41 $ 110.41 $ 134.36 Hourly Rate Drop -box Truck - driver $ 96.00 Additional Labor (per person) $ 35.29 Extra Contaminated recycling material pick-up (per loose cubic yard of material collected) ' $ 1".75 I Charged onh- upon first delivery- -Amy emp7- and returns are charged Haul Charge. Per haul. ' Flat Rate. No disposal fee added to charge. Third Amendment to the Comprehensive Drop -Box Collection Contract Page 3 of 3 Between the City of Spokane Valley and Waste Management of Washington, Inc. A�ORo CERTIFICATE OF LIABILITY INSURANCE F DAT E(MA4 DD/YYYY) 06/27/2025 I 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, 11 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 sndorsement(s). PROnUCER Aon Risk Services Southwest, Inc. Dallas TX office CONTACT N"E' PH 8D0-363-0105 (AC.No.EXp: (866) 283-7122 FAX E-PAIL ADDRESS: 5005 Lyndon 8 Johnson Freeway suite 1500 INSUREfl(S) AFFORDING COVERAGE NAIC tl Dallas Tx 75244 USA INSURED INSURER A: Ironshore Specialty Insurance Company 25445 waste Management, Inc. and All Affiliated, Related & subsidiary Companies 800 Capitol, Suite 3000 Houston Tx 77002 USA INSURER 8: INSURER C: INSURER D: INSURER E: INSURER Fi COVERAGES CERTIFICATE NUMBER: 570113740753 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. Limns shown are as requested l7R TYPE OF INSURANCE IDUL NSp YND POLICY NVAIBEfl IMIAMYYY µµDO,'YYY LIMITS COMMERCIAL GENERAL LIABILRY EACH OCCURRENCE CLAI!,LSLIADE ❑ OCCUR WHENTEU ES Eaoccurrence -PREMIS MED EXP (Ary one person) PERSONAL &ADV INJURY GEN LAGGREGATE LDAfTAPPLIES PER: GENERALAGGREOATE POLICY O PRO- ❑ LOC JECT PRODUCTS - M,.IP;OP AGO OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LBAfT Eaac Idenl BODILY INJURY ( Per person) ANY AUTO BODILY INJURY (Per aac)denp OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON OWNED ONLY AUTOS ONLY PROPERTY OAI,MF Per acc:deni A UMBRELLA LIAR IEELPLLCAs2F00S 07 01 2025 0710112026 EACH OCCURRENCE S24,000,000 X EXCESS LIAe HOCCUR CLAIMS MADE AGGREGATE S24,000,000 DED RETENTION WORKERS COMPEIISATON AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR / PARTNER/ EXECUTIVE OrnCERIAEMBEn EXCLUDED? (Mandstory In NM NIA PER STATUTE I OTH ER E.L. EACH ACCIDENT E.L. DISEASE EA EMPLOYEE — Res. descrbo under SCRIPTON OF OPERATIONS below E.L. pISEASE•POLX:Y LI!.1fT A Environmental Site Liability ISPILLSCA523005 07/Ol/2025 07/01/2026 Each Incident Limit S1,000,000 - Claims -blade Aggregate Limit S2,000,000� a DESCRIPTION OF OPERATIONS / LOCATIONS / VEIDCLES (ACORD 101, Addlllonsl Remarks Schedule, my be eneched If more epece is required) Named Insured Site Location: waste Management of washington Inc., spokane Hauling, 11321 E. Indiana Rd., Spokane Valleyy VIA99206-5133. City of Spokane Valley is included as AdditTonai 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 i provisions of the Pollution Legal Liability policy. J a LA r O M 0 Z dr t: U CERTIFICATE HOLDER CANCELLATION =wz SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE YALL BE DELIVERED In ACCORDANCE WITH THE POLICY PROVISIONS. f' City of Spokane valley AUTHORIZED REPRESENTATIVE 10210 East Sprague Avenue Spokane valley WA 99206 USA ©1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016/03) The ACORD name and logo aro registered marks of ACORD