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HomeMy WebLinkAbout24-220.01SunshineRecyclersSolidWasteTransferTransportDisposalServices CONTRACT AMENDMENT TO THE AGREEMENT FOR COMPREHENSIVE SOLID WASTE TRANSFER,TRANSPORT,AND DISPOSAL SERVICES BETWEEN THE CITY OF SPOKANE VALLEY AND SUNSHINE DISPOSAL AND RECYCLING,INC. (the "Parties") Spokane Valley Contract#24-220.01 RECITALS WHEREAS,the Parties entered into the Comprehensive Solid Waste Transfer,Transport and Disposal Services Contract with an Effective Date of January 1, 2025, and a termination date of December 31, 2034, (the"Contract");and WHEREAS, the Washington State Legislature passed HB 2081, which amended RCW 82.04.290 to increase the business and occupation tax("B&O Tax")from 1.75%to 2.1%,effective October 1,2025; and WHEREAS, pursuant to Section 5.3(B)of the Contract, Contractor may seek to adjust fees to address increases in costs due to changes in State taxes;and WHEREAS, a delay occurred between the effective start date for the B&O Tax(October 1') and the implementation of the B&O Tax within the City of Spokane Valley(the"City")due to working through appropriate documentation and support as required in the Contract;and WHEREAS, the City agrees to pay the Contractor for B&O Tax amounts not collected in October, November,and December due to the implementation delay;and WHEREAS,the new rates will become effective as of January 1, 2026 within the City;to include the B&O Tax amounts; and WHEREAS,the Parties desire to amend the Contract to incorporate the increase in the B&O Tax into the fees 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. 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 Agreement. 2. Amendment Provisions: The Original Contract is subject to the following amended provisions. All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract,including any previous amendments thereto. (a) Attachment B— Contractor Fees. Contractor Service (Municipal Solid Waste or MSW) Fees, and Organics Fees for year 2025, not including the Administration Fee or the Refuse Tax, are hereby replaced with the following fees shown in column D as provided by Spokane Valley Contract#24-220.01 Page 1 of 3 Contractor, which reflect the state-mandated B&O Tax increase of 0.35%. The state- mandated B&O Tax increase was effective October 1,2025,but the rates within the City will not incorporate the increase until January 1,2026,coinciding with the annual CPI increase. A S G 0 E F 1 Sunshine Disposal&Recycling 2,Calculation of rate adjustments for University Rd Transfer Station 3 4 5 880 Iner• 6 7 Material 11112025 1011I2025 S MSW Per Ton $ 12613 $ 126.67 9 Min $ 19.51 S 19.88 10 11 Organics Per Ton $ 71.00 $ 71.25 12 Min S 13.40 S 13.45 13 14 W lt;s +5t servictDSOran wig f c ea n 1.754i m7JO.CR10.1.2025 *(b) Compensation Adjustment.Pursuant to Section 5.3(B)of the Contract,the City shall make a one-time payment to the Contractor to compensate Contractor for the B&O Taxes not collected from Customers in October,November and December of 2025.The City hereby agrees to make a one-time payment to Contractor equal to the percentage increase of the B&O Tax(0.35 %) of Contractor's applicable revenue under the Contract for the months of October,November and December of 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 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 day of November 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 arc .Torre City Manager Its: Authorized Representative ATTEST: By: kli' j Marci atterson,City Clerk Spokane ValleyContract#24-220.01 Page 2 of 3 Po a APPROVED AS TO FORM: By: ice of the City Attorney Spokane Valley Contract#24-220.01 Page 3 of 3 2 I- 2.0 .----'7"1 SUNSDIS-01 LPAR1 OT ACORO DATE(MMlDD rYYY) t` -- CERTIFICATE OF LIABILITY INSURANCE 8/29/2025 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 CQtfl/,,CT Alliant Insurance Services,Inc. PHONE 818 W Riverside Ave Ste 800 (AIC�No.E,9 (509)325-3024 I FAX No):(509)325-1803 Spokane,WA 99201 miss• INSURERESIAFFORDINGCOVERAOE NAIL/ INSURER A:Pioneer Specialty Insurance Company 40312 INSURED INsvRERa:James River Insurance Company 12203 Sunshine Disposal,Inc;Sunshine Recyclers Inc. INSURERC: PO Box 13389 _INJURER 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 ISSUBJECTTOALLTHETERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. um ADOLISUBR POLICY EFF POLICY EXP -LIB__ TYPE OF INSURANCE VISO WVO POLICY NUMBER 94SypDLCLyQ IMWO=. LIMITS A X COMMERCIAL GENERAL LIASILITY EACH OCCURRENCE $ 1,000,000 J CLAIMS.MADE I ) J OCCUR X CPP 1245956 911/2025 9/1/2026 P pM Spy EaEo!ta+rtmcel .1_ 1,000,000 MED EXP IAny one oersaU 3 5,000 PERSONAL S ADV INJURY $ 1,000,000 GENLAGGR GATE MIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY LI X I Tef I X 1 LOC F_TQr_]ycTS•C00.1PIDP AGG S 2,000,000 OTHER A AUTOMOBILE LIABILITY I I'I;MDISINGLE UMIT a 1,000,000 _X ANY AUTO CPP 1241445 9/1/2025 9/1/2026 BODILY INJURY IPerGerson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURYIPer KGtlentl a IA S ONLY AUTO ONNLV r�ieOPER �AI.WGE S A X UMBRELLALIAM X I EXCESS LIA9 OCCUR EACH OCCURRENCE $CLAIMS-MADE 3,000,000 LIMB 1041609 9/1/2025 9/1/2026 AGGREGATE S 3,000,000 0ED X I RETENTION S 10,000 p S 1 A WORKERS COMPENSATION I STATUTE I I W- AND EMPLOYERS'LIABILITY ANY PROPRIETORPAR1NERlEXECIJINE V/N CPP 1245956 9/1/2025 9/1/2026 EI.EACH ACCIDENT $ 1,000,000 MFFICERLEMBgER EXCLUDED? I I N/A 1.000,000 andatory In NH) E L.DISEASE-EA EMPLOYEE,_ It yes,describe uncle 1,000,000 DESCRIPTION OF OPERATIONSbeion ft.DISEASE-POLICY UNIT $. B Excess Liability 001659690 9/1/2025 9/1/2026 Occurrence/Agg Limit 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES 11ACORD 101,Additional Remarks Schoduls,may be'lathed U more'pact Is requl,ed) Pollution Policy#:PPK2668003001,Term:3/1512025 to 3/15/2026,Carrier:Tokio Marine Specialty Insurance CompanylPhlladelphla,Occurrence Limit: 55,000,000,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 end non-contributory)under General Liability with respect for ongoing operations performed for the City per form attached. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE City of Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ` Y P ACCORDANCE WITH THE POLICY PROVISIONS. 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