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HomeMy WebLinkAbout17-188.10SunshineDisposalRecyclingDropBox2025B&OTaxRevisionCONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND SUNSHINE DISPOSAL AND RECYCLING, INC. (the "Parties") Spokane Valley Contract #17-188.10 WHEREAS, the Parties have 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 11, 2018, and effective April 1, 2018, and which terminates on March 31, 20* (the "Contract"); and 3c 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 Parties desire to amend the Contract to incorporate the increase in the business and occupation tax into the rates paid by customers. NOW THEREFORE, for good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the Contractor mutually agree as follows: 1. Original 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 Amendment. All terms herein shall have the meanings set forth in the Contract 2. Amendment Provisions: The Parties hereby agree to amend the Contract by replacing Attachment B with the rate sheets attached hereto. Such rates shall be effective as of October 1, 2025. rt,+. ler The Parties have executed this Amendment to the Contract this S Tµ day of October, 2025. CITY OFSPOKANE VALLEY: Jofin Hohman City Manager ATTEST: Marci Patterson, City Clerk CONTRACsT J By: Its: Authorized Representative APPRO AS TO FORM: ffi the City Attorney Attachment B — Contractor Rates Effective as of October 1, 2025 (Does not include State Refuse Tax) 0 r-S kn O U O� t- 00 00 M N -- cal O M in O It t- [- M cn c- N O IT d It 01 cr, t- .N 'IT O O 00 o0 M M 01 Q\ \0 00 O t+1 O CAV ( N M U —:3 V d t- t--V) V' O Ul oo ao Q` ON o N V) tn W) oo M E .. 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U N 0) U N ?4 • F. `� ►-� x �1- P- t1 P. x � Q 0 E 0 v U U U U O E" T 0 O O O O fl 0 0 0 0 cd 0 0 cd cd .0 w Q ,fl O GG�OE =CL C CG Q d Z Z 7- z2U U V U U A Z. 7— ZC Q Q O 0 rp, C/� d 0, + Cd O O xa �ACj FiU SUNSDIS•01 (,pARL T ACa►RO — ATE (MWDD/YYYYI — D CERTIFICATE OF LIABILITY INSURANCE 8/2912025 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(tes) 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 endorsements . PRODUCER TACT — Alliant Insurance Services, Inc. PHONE �F`A"X 818 W Riverside Ave Ste 800 AIc.No,Fal: 509) 325.3024 i AtC.No: 509) 325-1803 Spokane, WA 99201 AI INSURED Sunshine Disposal, Inc; Sunshine Recyclers Inc. PO Box 13369 Spokane Valley, WA 99213.3369 LEA/ -GC I�G�Ti CI!-ATG k1111�OG�. .C1110Ir1k1 Al11aAQCD• 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 I$ 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 SUER' POLICY NUMBER _ POLICY EFF (MtNApIYYYYI ! 9/1/2025 POLICY EXP LMMIDAIYYYYI 9/1/2026 --._ LIMITS _ A X 'COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR �( ICPP 1245956 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 1,000,000 MEO_EXP tAnr OneM991 5,000 PERSONAL & ADV INJURY 1,000,000 GENL AGGREGATE LIMIT APPLIES PER POLICY Cl J,EGp7 (X j LOC OTHER. GENERAL AGGREGATE S 2.000,000 FROD_11 T - �MPA)PA' S 2,000,000 A AUTOMOBILE X LIABILITY ANY AUTO OWNED 111 SCHEDULED AUTOS ONLY AUTOS y� Ep AUTOS ONLY l AUTOS ONl1LV CPP 1241445 9/1/2025 9/1/2026 (,COMBINED SINGLE LJMIT S 1,000,000 BODILY INJURY IPer Dersort). $-_.,_._ 5 BODILY INJURY Per accident {�teOPERd . AMAGE _ S A X_ UMBRELLALWB EXCESS LIAR X OCCUR CLAIM9-MADE UMB 1041609 9/1/2025 9)1/2026 EACH OCCURRENCE S 3,00,000 ARE ATE 3,000,000 DED I X I RETENTIONS 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORPARTNER/EXECUTNE YIN OFFICER4d E1.18ER EXCLUDED? 1Mandatory In NNI It yyes, demnbe under1,000,000 CESCRIPTION OF OPERATIONS Bela, N!A CPP 1245956 9/1/2025 9/1/2026 PER OTH• l_EAGH ACCIDENT 1,000,000 Si _E E.L. DISEASE-- F.A EMPLOYE .—.__ 1'000'000 E L DISEASE - POLICY LIMIT S B IExcess Liability 01659690 9/1/2025 1 9/1/2026 Occurrence/Agg Limit 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IlACORD fe1Addional Remarks Schad ula, may be attached H more span is required) Pollution Policy #: PPK2666003001, Term: 3115&c2: 5 to 31i512626, Carrier: Toklo Marine Speclalty Insurance Company/Plliladelphla, 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 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY WIN 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 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 (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". WN GL 139 06 18 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. B. With respect to Additional Insured — Com- pleted Operations, coverage is limited as fol- lows: (1) A person or organization's status as an in- sured under Additional Insured — Com- pleted Operations continues only for the period of time required by any written con- tract or agreement. (2) The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and ad- vertising injury" arising out of "your work' for which a consolidated (wrap-up) insur- ance program has been provided by the prime contractor -project manager or owner of the construction project in which you are involved. 3. Primary and Noncontributory The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek con- tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured un- der such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be pri- mary and would not seek contribution from any other insurance available to the additional insured. 4, Other Provisions Applicable to Additional in- sured — Operations and Additional Insured — Completed Operations A. The Amendment of Insured Contract Defini- tion (Endorsement CG 24 26) does not apply to an additional insured. B. The coverage provided under Paragraph f, of the definition of "insured contract" under Sec- tion V — Definitions does not apply to an ad- ditional insured under this endorsement un- less required by a written contract or agreement. C. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: (1) The minimum amount required by the contract or agreement, or (2) The Limits of Insurance shown in the Dec- larations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any pro- fessional architectural, engineering or survey- ing services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negli- gence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the personal and advertising injury", involved the rendering of or failure to render any profes- sional services by you with respect to your providing engineering, architectural or survey- ing services in your capacity as an engineer, architect or surveyor. WN GL 139 06 18 Page 2 of 2 Includes copyrighted material of Insurance Services Office. Inc., with its permission.