HomeMy WebLinkAboutUtilities 2012-01-24 COMPLETE AGENDA PACKETCity of Tukwila
Utilities Committee
Dennis Robertson, Chair
Joe Duffie
Kate Kruller
Distribution:
G. Labanara
D. Robertson
S. Kerslake
J. Duffie
Clerk File Copy
K. Kruller
2 Extra
V. Seal
Mayor Haggerton
A. Le (e -mail pkt. pdf
D. Cline
e -mail cover to:
K. Matej
C. O'Flaherty, D.
B. Giberson
Almberg Dideon, B.
F. Iriarte
Saxton, S. Norris, M.
R. Tischmak
Hart, S. Kirby
NOSE co*re,C4 Room 15
AGENDA
TUESDAY, JANUARY 24, 2012
Time: 5:00 PM Place: Conference Room #5
Item Recommended Action Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. Comprehensive Solid Waste, Recyclables and a. Forward to 2/13/11 C.O.W. Pg. 1
Compostables Collection Contract and 2/21/11 Regular
b. Updated Interlocal Agreement for b. Forward to 2/13/11 C.O.W. Pg. 97
Regional Fiber Consortium and 2/21/11 Regular
c. GIS Aerial Photos c. Forward to 2/13/11 C.O.W. Pg. 131
King County Interlocal Funding Agreement and 2/21/11 Regular
Cl. King County Solid Waste Division Cl. Forward to 2/13/11 C.O.W. Pg. 145
Acceptance of Recycling Grant 2012 2013 and 2/21/11 Regular
3. ANNOUNCEMENT(S)
4. MISCELLANEOUS
Future Agendas:
Next Scheduled Meeting: Tuesday, February 14, 2012
The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the Public Works Department at 4179 for assistance.
x
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, Public Works Director
DATE: January 12, 2012
SUBJECT: Comprehensive Solid Waste. Recvclables and Comoostables Collection Contract
ISSUE
Approval of the 2012 -2019 Comprehensive Solid Waste, Recyclables and Compostables Collection Contract
with Waste Management, Inc.
BACKGROUND
The current Comprehensive Solid Waste, Recyclables, and Yard Waste Collection Contract with Allied
Waste /Republic Services, Inc. expires on October 31, 2012. At Council's direction, Staff pursued an open,
competitive procurement process. A request for proposals (RFP) was released on August 15, 2011. Proposals
were received from three proponents (Allied Waste /Republic Services, Inc., CleanScapes Inc., and Waste
Management Inc.) on October 17, 2011.
Proposals from all three proponents were reviewed and evaluated by the City's Evaluation Team consisting of
staff representatives from the Public Works Department and the Department of Community Development.
Additionally, site visits, reference checks and interviews were conducted during October and November as part
of the evaluation process. At the conclusion of the evaluation process, proponents were rated and scored.
Waste Management, Inc. was selected by the Evaluation Team as the highest -rated proponent.
The City proceeded to conduct negotiations with Waste Management through December 2011 resulting in the
attached contract (Attachment 1).
DISCUSSION
Proposals were reviewed for responsiveness and minimum general qualifications. They were evaluated and
scored using the criteria outlined in the RFP. The three primary evaluation categories include: 1) Price; 2)
Customer Service Approach, and References; and 3) System Design, Operations and Sustainability.
Results of the proposal scores are as follows:
Customer Service
Approach System Design, Operations
References and Sustainability Price Total Score
Proponent (25 Points) (15 Points) (60 Points) (100 Points)
Allied 17.75 10.5 60 88.25
Waste /Republic
CleanScapes 21.75 12.25 55 89
Waste Management 24.5 14.25 60 98.75
W AMENGTrojects&I i d WastO nfoMenno -Sol id Waste& Recycl in g ServicesCo ntract -UC 1 -16 -12
INFORMATIONAL MEMO
Page 2
Allied Waste /Republic Services, Inc. submitted the lowest cost proposal followed by Waste Management.
When applying the scoring criteria /formula contained in the RFP, both companies received 60 points (Waste
Management's score was rounded from 59.999 to 60 points). The difference between Allied and Waste
Management's total base proposal cost is $87. Considering price and the other qualitative factors
(customer service approach, and system design, operations and sustainability), Waste Management scored
the highest overall and was selected by the City Evaluation Team as the finalist proponent.
The new negotiated collection contract provides for a seven year term with two 2 -year extensions at the
City's option. It features enhanced services for residential, multi family, and commercial customers,
additional resources for the City and lower rates for almost all customers. Enhancements include:
Universal Carts: New garbage, recycling and compost carts for all customers, with the
elimination of old -style garbage cans. Universal adoption of wheeled carts reduced the rates to
all customers due to increased operating efficiencies.
Expanded Recyclables: An expanded range of recyclables including additional plastics,
compact fluorescent lamps, motor oil, FOG (fats, oils, greases), electronics and scrap metal.
Paperless Billing Incentive: A $6 /year incentive for residential customers that subscribe to
paperless billing ($10 /year for commercial customers).
Compostables (Yard Debris) Collection: The compostables (yard debris) collection has been
changed slightly to reduce the base level of service from 192 gallons of capacity to one 96- gallon
cart included in the base rate to reduce the costs of the service and to increase the attractiveness
of the service to new subscribers. Residents will be able to put out excess yard debris at a $1.50
per 32- gallon extra rate. This eliminates the cross subsidy that high -use customers have
previously received from regular customers.
Reduced Carbon Emissions /Sustainability: Waste Management will deploy a fleet of new,
quieter compressed natural gas (CNG) collection vehicles outfitted with on -board computing
technology.
Commercial Recycling: Recycling services will be available at no additional charge to all
commercial customers. (See below).
Litter Containers: The Contractor will provide and install 21 litter containers along Tukwila
International Blvd as part of contract start -up.
Residential Carts Ownership: The City will have the assignable option of owning all residential
carts at the end of the contract term. This will reduce rates further in the successor contract.
Administrative Fee: The Contractor will pay the City a 2% administrative fee to fund City -wide
litter collection and other solid waste management related functions.
Robust Community Engagement, Education and Public Outreach Program: See
Attachment 2.
The new contract incorporates three RFP alternatives: universal carts (described in the first bullet above),
mandatory collection and embedded commercial recycling, all of which reduce overall ratepayer costs.
Mandatory Collection
During past discussions regarding mandatory garbage collection (also referred to as universal collection), the
cost impact of implementing such a program was raised but accurate information was difficult to ascertain.
Through this competitive process, staff pursued the opportunity to obtain this critical information and
requested proponents to identify the increased costs or savings resulting from mandatory collection.
Increased costs or savings have varied considerably in other cities, so the results of implementing
mandatory collection were unknown before the RFP process. In Tukwila, all three proponents indicated
ratepayer savings by shifting to mandatory collection. The residential rates in the attached contract reflect
Waste Management's proposed $7.68 /year /household reduction in rates for implementing mandatory
collection. The contract includes provisions for Waste Management to work with the City to roll -out
mandatory collection and assume primary responsibility for informing customers of the requirement, flagging
non compliance, providing a City- approved letter to non complying customers, and collecting bad debt. If
2
2
INFORMATIONAL MEMO
Page 3
the Council were to reject mandatory collection, the rates in the attached contract would need to be
increased by $0.64 per month ($7.68 /year).
Commercial Recvclinq
The Contract rates include the provision of recycling to all commercial customers. Currently, a number of
businesses either pay for or receive recycling of selected commodities at no cost. Larger customers can
typically obtain free collection for certain materials under current commodity market prices. Smaller
customers or customers recycling less valuable materials typically pay for collection. Often, the costs of
paying for separate garbage and recycling collection exceed the costs of paying for a larger garbage
container. That has proved to be a barrier to expanded recycling, as many customers are unwilling (or
unable in the case of chain stores with procurement policies) to invest in paying for an additional recycling,
even if they will have potential savings in their garbage costs. Many cities have included recycling in the
service package for all customers, including the commercial sector. Examples of those cities include
Auburn, Federal Way, Des Moines, Renton, Maple Valley, Bellevue, Issaquah, Kirkland, Redmond and
Shoreline.
In Tukwila, the competitive process has resulted in the City being able to offer a combined
garbage +recycling package to most commercial customers for less than they are currently paying for
garbage alone. For example, a 2 -yard "Dumpster" customer currently pays $112.13/mo for weekly garbage
service. Under the new contract, that customer would pay $100.90 for combined garbage and recycling
service. If they chose to use the recycling service and instead use 1 -yard garbage service with a 1 -yard
recycling container, they would pay only $59.24. For most customers the new contract will provide a
significant opportunity to reduce rates. Some customers with larger containers will have higher rates under
the new contract, but they will still have access to recycling services that they can use to reduce their bills.
Customers will not be required to use City- contract recycling services. They may continue to use their
current provider (and may well do this if they currently are large enough to have free service for certain
recyclables) or use specialty services for shredding, inside recycling collection, pallet recycling and other
services outside the scope of the new commercial recycling program.
Rate Impacts
Except for drop box customers, the new contract offers significant rate savings over the City's current
contract, even with the City's 2% administrative fee included. Examples are shown below:
Only customers at the highest level of capacity (i.e., drop boxes) will see an increase, as shown on the last
line of the above table. Those customers will also be charged a 10% surcharge on their disposal bill under
Current 2012
New 2012
Service Level
Rate
Rate
Additional Services
32/35 Gallon Cart
$13.96 w/o
$10.28 w/o
compost,
compost,
$23.37 with
$17.90 with
60/64 Gallon Cart
$20.08 w/o
$16.28 w/o
New carts, expanded recycling,
compost,
compost,
paperless discount in addition to base
$29.49 with
$23.90 with
rate decrease if used.
90/96 Gallon Cart
$28.67 w/o
$22.28 w/o
compost,
compost,
$38.08 with
$29.90 with
1 yard "Dumpster"
I $66.21
I $59.24
1 New garbage containers, recycling
3 yard "Dumpster"
$159.66
1 $143.95
included in rates, paperless discount
8 yard "Dumpster"
$381.27
$345.40
1 if used.
30 yard Drop -box
$107.01
$139.80
Note: current 2012 rates are based on
cart services, not
customers who use their own containers.
This was done to keep the basis of comparison constant.
Only customers at the highest level of capacity (i.e., drop boxes) will see an increase, as shown on the last
line of the above table. Those customers will also be charged a 10% surcharge on their disposal bill under
INFORMATIONAL MEMO
Page 4
the new contract to reduce the existing subsidy inherent in passing through County disposal charges with no
mark -up. However, note that for those customers, the drop -box haul rate is the smaller portion of their bill.
County disposal charges would typically be $400 -800 on a drop box, so a $33 increase in haul rate on a
$500 -1000 bill is a negligible increase, particularly since that customer would also be eligible for recycling
services at no additional charge.
In summary, through the competitive process, the City will have a new contract that will serve the residents
and businesses well for at least seven years. The new contract will further enhance the excellent solid waste
programs currently in place. For almost all services, Tukwila customers will see an overall reduction in their
rates and will benefit from a professional contractor with a strong management team that is focused on
sustainability and customer service excellence. Additionally, the new contract will provide the mechanism for
Tukwila to enhance its recycling program, increase diversion of materials from the landfill, and meet
requirements of the regional Comprehensive Solid Waste and Recycling Plan.
RECOMMENDATION
Approve the 2012 -2019 Comprehensive Solid Waste, Recycling, and Compostables Collection Contract with
Waste Management Inc. and consider this item at the February 13, 2012 Committee -of- the -Whole and
subsequent February 21, 2012 Regular Meeting.
Attachments
1. 2012 -2019 Solid Waste, Recycling, and Compostables Collection Contract
2. Community Engagement, Education and Public Outreach Program
4
4
COMPREHENSIVE GARBAGE, RECYCLABLES AND
COMPOSTABLES COLLECTION AGREEMENT
City of Tukwila
and
Waste Management of Washington, Inc.
November 1, 2012 October 31, 2019
COMPREHENSIVE GARBAGE, RECYCLABLES AND
COMPOSTABLES COLLECTION CONTRACT
TABLE OF CONTENTS
RECITALS
..............................1
DEFINITIONS ..............................1
1. TERM OF CONTRACT ..............................6
2 SCOPE
OF WORK ..............................6
2.1 GENERAL COLLECTION SYSTEM REQUIREMENTS ..............................6
2.1.1
City Service Area
6
2.1.2
Annexation ..............................6
2.1.3
Unimproved Public Streets and Private Roads ..............................7
2.1.4
Hours /Days of Operation ..............................8
2.1.5
Employee Conduct ..............................8
2.1.6
Disabled Persons Service ..............................9
2.1.7
Holiday Schedules ..............................9
2.1.8
Inclement Weather and Other Service Disruptions ..............................9
2.1.9
Suspending Collection from Problem Customers .............................10
2.1.10
Missed Collections .............................11
2.1.11
Same Day Collection .............................11
2.1.12
Requirement to Recycle and Compost .............................12
2.1.13
Routing, Notification and Approval .............................12
2.1.14
Equipment Age /Condition .............................13
2.1.15
Container Requirements and Ownership .............................14
2.1.15.1 Micro -Cans and Garbage Cans .............................14
2.1.15.2 Garbage, Recyclables and Compostables Carts .............................14
2.1.15.3 Detachable and Drop -Box Containers .............................16
2.1.15.4 Recycling Carts .............................17
2.1.15.5 Ownership .............................17
2.1.15.6 Container Colors and Labeling .............................18
2.1.15.7 Container Weights .............................19
2.1.16
Spillage .............................19
2.1.17
Pilot Programs .............................20
2.1.18
Disruption Due to Construction .............................20
2.1.19
Contractor Planning Assistance .............................20
2.1.20
Safeguarding Public and Private Facilities .............................21
2.1.21
Company Name .............................21
2.1.22
Transition and Implementation of Contract .............................21
2.1.23
Ongoing Coordination with City and Performance Review .............................21
2.1.24
Disposal Restrictions and Requirements .............................22
2.1.25
Direct Payment of Disposal Fees by City .............................23
2.1.26
Violation of Ordinance .............................24
City of Tukwila
Solid Waste Collection Contract
i
H
COMPREHENSIVE GARBAGE, RECYCLABLES AND
COMPOSTABLES COLLECTION CONTRACT
TABLE OF CONTENTS (CONTINUED)
2.2 COLLECTION SERVICES .............................24
2.2.1 Single Family Residence Garbage Collection .............................24
2.2.1.1 Subject Materials .............................24
2.2.1.2 Collection Containers .............................24
2.2.1.3 Specific Collection Requirements .............................25
2.2.2 Single Family Residence Recyclables Collection .............................26
2.2.2.1 Subject Materials .............................26
2.2.2.2 Containers
28
2.2.2.3 Specific Collection Requirements .............................29
2.2.3 Compostables Collection .............................30
2.2.3.1 Subject Materials .............................30
2.2.3.2 Containers
31
2.2.3.3 Specific Collection Requirements
31
2.2.4 Single Family Bulky Waste Collection .............................32
2.2.4.1 Subject Materials .............................32
2.2.4.2 Specific Collection Requirements
33
2.2.5 Multi Family Complex and Commercial Customer Garbage Collection .............................33
2.2.5.1 Subject Materials .............................33
2.2.5.2 Containers 33
2.2.5.3 Specific Collection Requirements .............................34
2.2.5.4 Premium Services .............................34
2.2.6 Multi Family Complex Recyclables Collection .............................35
2.2.6.1 Subject Materials .............................35
2.2.6.2 Containers 35
2.2.6.3 Specific Collection Requirements .............................36
2.2.6.4 Multi Family Recycling Outreach and Incentives .............................36
2.2.7 Commercial Recycling Collection .............................36
2.2.7.1 Subject Materials .............................37
2.2.7.2 Containers
37
2.2.7.3 Specific Collection Requirements
37
2.2.8 Multi Family Complex and Commercial Customer Compostables Collection ......................38
2.2.8.1 Subject Materials .............................38
2.2.8.2 Containers
38
2.2.8.3 Specific Collection Requirements 39
2.2.9 Drop -Box Container Garbage Collection .............................39
2.2.9.1 Subject Materials .............................39
2.2.9.2 Containers 39
2.2.9.3 Specific Collection Requirements .............................40
2.2. 10 Temporary Container Customers .............................40
City of Tukwila ii
Solid Waste Collection Contract
COMPREHENSIVE GARBAGE, RECYCLABLES AND
COMPOSTABLES COLLECTION CONTRACT
TABLE OF CONTENTS (CONTINUED)
2.2. 11 Municipal Services .............................40
2.2.12 City- Sponsored Community Events .............................41
2.2.13 Other Solid Waste Collection Services .............................42
2.3 MANAGEMENT .............................43
2.3.1 Responsibility of Participants .............................43
2.3.1.1 Contractor's Responsibilities .............................43
2.3.1.2 City's Responsibilities .............................45
2.3.2 Customer Service and Billing .............................46
2.3.2.1 Office Location .............................46
60
2.3.2.2 Customer Service Requirements .............................46
60
2.3.3 Contractor's Customer Billing Responsibilities .............................50
60
2.3.4 Reporting .............................52
2.3.4.1 Monthly Reports
53
2.3.4.2 Annual Reports
54
2.3.4.3 Ad Hoc Reports .............................54
2.3.5 Promotion and Education .............................55
2.3.6 Field Monitoring .............................56
2.3.7 Transition to Next Contractor .............................56
3 COMPENSATION .............................57
3.1 COMPENSATION TO THE CONTRACTOR .............................57
3 L I Rates .............................57
3.1.2 Itemization on Invoices .............................57
3.1.3 Discontinuing Service for Nonpayment .............................57
3.2 COMPENSATION TO THE .............................58
3.3 COMPENSATION ADJUSTMENTS .............................59
3.3.1 Annual Rate Adjustment .............................59
3.3.2 Disposal Fee Adjustments
60
3.3.3 Changes in Disposal /Processing Sites and Tipping Fees
60
3.3.4 Other Modifications
60
3.4 CHANGE IN LAW .............................60
4. FAILURE TO PERFORM, REMEDIES, TERMINATION .............................61
4.1 PERFORMANCE FEES .............................61
4.2 CONTRACT DEFAULT .............................64
5. NOTICES .............................66
City of Tukwila iii
Solid Waste Collection Contract
51
COMPREHENSIVE GARBAGE, RECYCLABLES AND
COMPOSTABLES COLLECTION CONTRACT
TABLE OF CONTENTS (CONTINUED)
6 GENERAL TERMS .............................66
6 .1 COLLECTION RIGHT .............................66
6 .2 ACCESS To RECORDS .............................67
6.3 CONTRACTOR TO MAKE EXAMINATIONS .............................67
6 .4 INSURANCE .............................68
64.1 Minimum Scope of Insurance .............................68
64.2 Minimum Amounts of Insurance .............................69
64.3 Deductibles and Self Insured Retentions .............................69
64.4 Other Insurance Provisions .............................69
64.5 Acceptability of Insurers .............................70
64.6 Verification of Coverage .............................70
64.7 Subcontractors .............................70
6 .5 PERFORMANCE BOND .............................70
6.6 INDEMNIFICATION .............................71
661 Indemnify and Hold Harmless .............................71
6 6 2 Notice to Contractor; Defense .............................71
663 Industrial Insurance Immunity Waiver .............................72
6 .7 PAYMENT OF CLAIMS .............................72
6.8 CONFIDENTIALITY OF INFORMATION .............................72
6.9 ASSIGNMENT OF CONTRACT .............................72
69.1 Assignment or Pledge of Moneys by the Contractor .............................72
69.2 Assignment, Subcontracting, Delegation of Duties and Change in Control ..........................73
6 .10 LAWS TO GOVERN VENUE .............................73
6 .11 COMPLIANCE WITH LAW .............................73
6.12 NON- DISCRIMINATION .............................74
6.13 PERMITS AND LICENSES .............................74
6.14 RELATIONSHIP OF PARTIES .............................74
6.15 CONTRACTOR'S RELATIONSHIP WITH CUSTOMERS .............................75
6 .16 BANKRUPTCY .............................75
6.17 RIGHT TO RENEGOTIATE/ AMENDMENT .............................75
6 .18 FORCE MAJEURE .............................76
6.19 ILLEGAL PROVISIONS/ SEVERABILITY .............................76
6 .20 WAIVER .............................76
6 .21 ENTIRETY .............................76
Attachment A: Service Area Map
Attachment B: Contractor Initial Rates
Attachment C: Rate Modification Example
City of Tukwila
Solid Waste Collection Contract
iv
9
This solid waste collection contract is entered into by and between the City of Tukwila, a
municipal corporation of the State of Washington "City and Waste Management of
Washington, Inc., a Washington corporation "Contractor to provide for collection of
Garbage, Compostables, and Recyclables from Single Family Residences, Multi Family
Complexes and Commercial Customers located within the City Service Area. (Each
capitalized term is hereinafter defined.)
The parties, in consideration of the promises, representations and warranties contained
herein, agree as follows:
RECITALS
WHEREAS, the City has completed a competitive process to secure this new solid waste
collection contract; and
WHEREAS, the Contractor represents that it has the experience, resources and expertise
necessary to perform the contract services; and
WHEREAS, the City desires to enter into this contract with the Contractor for the Garbage,
Recyclables and Compostables collection services;
NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises herein
contained, the City and Contractor do hereby agree as follows:
DEFINITIONS
Change in Control: Change in Control means any sale, merger, policy of assets, the issuance of
new shares, any change in the voting rights of existing shareholders, or other change in
ownership which transfers the 25% or more of the beneficial interest therein from one entity to
another. Provided, however, that intracompany transfers, such as transfers between different
subsidiaries or branches of the parent corporation of the Contractor, or transfers to corporations,
limited partnerships, or any other entity owned or controlled by the Contractor upon the effective
date of this contract shall not constitute a change in control.
City: The word "City" means the City of Tukwila, King County, Washington. As used in the
Contract, it includes the official of the City holding the office of the City Manager or her/his
designated representative, such as the City's Director of Public Works.
City Service Area: The initial City Service Area is delineated in the service area map provided
as Attachment A to this Contract.
Commercial Customer: The term "Commercial Customer" means non residential Customers
including businesses, institutions, governmental agencies and all other users of commercial -type
Garbage collection services.
Commercial Recyclables: The term "Commercial Recyclables" means aluminum cans and foil;
corrugated cardboard; glass containers; recyclable plastic containers that have contained non-
City of Tukwila
Solid Waste Collection Contract
10
hazardous products, Mixed Paper; newspaper; polycoated cartons; tin cans; and such other
materials that the City and Contractor determine to be recyclable
Compostables: The word "Compostables" means Yard Debris and Food Scraps separately or
combined.
Compostables Cart: The term "Compostables Cart" means a Contractor provided 20/21,
32/35 64- or 96- gallon wheeled cart provided to Compostables collection Customers for the
purpose of containing and collecting Compostables.
Container: The word "Container" means any Micro -Can, Cart, Detachable Container or Drop
Box Container owned and provided by the Contractor.
Contractor: The word "Contractor" means Waste Management of Washington, Inc., which has
contracted with the City to collect and dispose of Garbage and to collect, process, market and
transport Recyclables and Compostables.
Curb or Curbside: The words "Curb" or "Curbside" mean on the homeowners' property,
within five (5) feet of the Public Street or Private Road without blocking sidewalks, driveways or
on- street parking. If extraordinary circumstances preclude such a location, Curbside shall be
considered a placement suitable to the resident, convenient to the Contractor's equipment, and
mutually agreed to by the City and Contractor.
Customer: The word "Customer" means all users of solid waste services, including property
owners, managers and tenants.
Detachable Container: The term "Detachable Container" means a watertight metal or plastic
Container equipped with a tight fitting cover, capable of being mechanically unloaded into a
collection vehicle, and that is not less than one (1) cubic yard or greater than eight (8) cubic
yards in capacity.
Drop -Box Container: The term "Drop -Box Container" means an all -metal Container with ten
(10) cubic yards or more capacity that is loaded onto a specialized collection vehicle, transported
to a disposal or recycling site, emptied and transported back to the Customer's site.
Extra Unit: The term "Extra Unit" means excess material which does not fit in the Customer's
primary Container. In the case of Can/Cart services, An Extra Unit is shall be 32- gallons in
volume, and may be loose or contained in either a plastic bag or Garbage Can. In the case of
Garbage Containers one cubic yard or more in capacity, and Extra Unit is one cubic yard.
Food Scraps: The term "Food Scraps" mean all Compostable pre- and post consumer organic
wastes placed in a Compostables Cart, such as whole or partial pieces of produce, meats, bones,
cheese, bread, cereals, coffee grounds or egg shells, and food soiled paper such as paper napkins,
paper towels, paper plates, coffee filters, paper take -out boxes, pizza boxes, or other paper or
biodegradable products specifically accepted by the Contractor's selected composting site. Food
Scraps shall not include large dead animals, plastics, diapers, cat litter, liquid wastes, pet wastes
or other materials prohibited by the selected composting facility. The range of materials handled
by the Compostables collection program may be changed from time to time upon the approval of
City of Tukwila 2
Solid Waste Collection Contract
11
the City to reflect those materials allowed by the Seattle -King County Health Department for the
frequency of collection provided by the Contractor.
Garbage: The word "Garbage" means all putrescible and nonputrescible solid and semi -solid
wastes, including, but not limited to, rubbish, ashes, industrial wastes, swill, demolition and
construction wastes, and discarded commodities that are placed by Customers of the Contractor
in appropriate bins, bags, cans or other receptacles for collection and disposal by the Contractor.
The term Garbage shall not include Hazardous Wastes, Special Wastes, Source Separated
Recyclables or Compostables.
Garbage Can: The term "Garbage Can" means a City- approved Container that is a water -tight
galvanized sheet -metal or sturdy plastic Container not exceeding four (4) cubic feet or thirty -two
(32) gallons in capacity; fitted with two (2) sturdy looped handles, one on each side; and fitted
with a tight cover equipped with a handle. All Containers shall be rodent and insect proof.
Garbage Cart: The term "Garbage Cart" means a Contractor provided 20/21 32/35 64- or
96- gallon wheeled cart suitable for household deposit, storage and Curbside placement and
collection of Garbage. Garbage Carts shall be rodent and insect proof and kept in sanitary
condition at all times.
Hazardous Waste: The term "Hazardous Waste" means any substance that is:
A. Defined as hazardous by 40 C.F.R. Part 261 and regulated as Hazardous Waste by the
United States Environmental Protection Agency under Subtitle C of the Resource
Conservation and Recovery Act "RCRA of 1976, 42 U.S.C. 6901 et sec., as
amended by the Hazardous and Solid Waste Amendments "HSWA of 1984; the Toxic
Substances Control Act, 15 U.S.C. 2601 et sec.; or any other federal statute or
regulation governing the treatment, storage, handling or disposal of waste imposing
special handling or disposal requirements similar to those required by Subtitle C of
RCRA.
B. Defined as dangerous or extremely hazardous by Chapter 173 -303 WAC and regulated as
dangerous waste or extremely Hazardous Waste by the Washington State Department of
Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or
any other Washington State statute or regulation governing the treatment, storage,
handling or disposal of wastes and imposing special handling requirements similar to
those required by Chapter 70.105 RCW.
King County Disposal System: The term "King County Disposal System" means the real
property owned, leased or controlled by the King County Solid Waste Division, King County,
Washington for the disposal of Garbage, or such other site as may be authorized by the then
current King County Comprehensive Solid Waste Management Plan.
Micro -Can: The term "Micro -Can" means a water -tight plastic Container not exceeding ten
gallons in capacity; fitted with two sturdy handles, one on each side; and fitted with a tight cover.
Mixed Paper: The term "Mixed Paper" means magazines, junk mail, phone books, bond or
ledger grade paper, cardboard, paperback books, paperboard packaging, paper cups and other
City of Tukwila 3
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12
fiber -based materials meeting industry standards. Tissue paper, paper towels, food contaminated
paper or paper packaging combined with plastic, wax or foil are excluded from the definition of
Mixed Paper.
Mixed -Use Building: The term "Mixed -Use Building" means a structure inhabited by both
Residential and Commercial Customers.
Multi- Family Complex: The term "Multi Family Complex" means a multiple -unit Residence
with two or more attached or unattached dwellings billed collectively for collection service.
Private Road: The term "Private Road" means a privately owned and maintained way that
allows for access by a service truck and that serves multiple Residences.
Public Street: The term "Public Street" means a public right -of -way used for public travel,
including public alleys.
Recycling: The word "Recycling" means pertaining to the preparation, collection, process and
marketing of Recyclables.
Recycling Cart: The term "Recycling Cart" means a Contractor provided 35 64- or 96- gallon
wheeled cart suitable for household collection, storage and Curbside placement of Source
Separated Recyclables.
Recycling Container: The term "Recycling Container" means a Contractor provided Container
suitable for on -site collection, storage and placement of Source- Separated Recyclables at Multi
Family Complexes and Commercial Customer locations.
Residence/Residential: The words "Residence" or "Residential" mean a living space, with a
kitchen, individually rented, leased or owned.
Residential Recyclables: The term "Residential Recyclables" means aluminum cans and foil;
CLFs (compact fluorescent bulbs) corrugated cardboard; FOG (fats, oil, greases), glass
Containers; Mixed Paper; motor oil, newspaper; recyclable plastic Containers that have
contained non hazardous products; polycoated or aseptic cartons; scrap electronics, Scrap Metals
and tin cans.
Scrap Metals: The term "Scrap Metals" means ferrous and non ferrous metals, not to exceed
two (2) feet in any direction and thirty -five (35) pounds in weight per piece. Scrap metal shall
include small appliances such as microwave ovens and toasters provided that the appliances meet
size and weight requirements.
Single- Family Residence: The term "Single Family Residence" means all one -unit houses,
duplexes, triplexes and 4- plexes that are billed for collection service individually and located on
a Public Street or Private Road.
Source Separated: The term "Source- Separated" means certain reclaimable materials that are
separated from Garbage by the generator for recycling or reuse, including, but not limited to
Recyclables, Compostables and other materials.
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Special Waste: The term "Special Waste" means polychlorinated biphenyl "PCB wastes,
industrial process wastes, asbestos containing materials, petroleum contaminated soils,
treated/de- characterized wastes, incinerator ash, medical wastes, demolition debris and other
materials requiring special handling in accordance with applicable federal, state, county or local
laws or regulations.
Yard Debris: The term "Yard Debris" means leaves, grass and clippings of woody, as well as
fleshy, plants. Unflocked, undecorated holiday trees are acceptable. Materials larger than four
(4) inches in diameter or four (4) feet in length are excluded. Bundles of Yard Debris up to two
feet by two feet by four feet (2'x2'x4') in dimension shall be allowed and shall be secured by
degradable string or twine, not nylon or other synthetic materials.
WUTC: The term WUTC means the Washington Utilities and Transportation Commission.
City of Tukwila 5
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14
COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES
COLLECTION AGREEMENT
This agreement (hereafter, "Contract") is made and entered into this day of February
2012, by and between the City of Tukwila, a municipal corporation (hereafter, "City and
Waste Management of Washington, Inc., a Washington corporation (hereafter, "Contractor
The Contractor's proposal, dated October 17, 2011 is incorporated by reference. In the case of
conflict between the proposal and this Contract, the Contract shall rule.
11=1101 [��1Z1 GA
The term of this Contract is seven years, starting November 1, 2012, and expiring October
31, 2019. The City may, at its sole option, extend the agreement for up to two (2) extensions,
each of which shall not exceed two (2) years in duration. Any such extension shall be under
the terms and conditions of this Contract, as amended by the City and Contractor from time
to time. To exercise its option to extend this Contract, notice shall be given by the City to the
Contractor no less than ninety (90) days prior to the expiration of the Contract term or the
expiration of a previous extension.
2. SCOPE OF WORK
2.1 General Collection System Requirements
The Contractor shall collect, transfer and dispose of Garbage, Recyclables and
Compostables according to the terms and conditions of this agreement; provided, that
the Contractor shall not knowingly or as a result of gross negligence collect or
dispose of Hazardous Waste or Special Waste as those terms are defined herein. The
Contractor shall indemnify the City for any City damages cause by violation of this
Section. To the extent identifiable, Customers shall remain responsible for any
Hazardous Waste or Special Waste inadvertently collected and identified by
Contractor.
2.1.1 City Service Area
The Contractor shall provide all services pursuant to this Contract
throughout the entire City Service Area.
2.1.2 Annexation
If additional territory is added to the City through annexation or other
means within which the Contractor has an existing WUTC certificate or
other franchise for solid waste collection at the time of annexation, the
Contractor shall make collection in such annexed area in accordance with
the provisions of this Contract at the unit prices set forth in this Contract.
The City acknowledges that equipment, such as trucks, carts and
Containers, may take time to procure, and therefore, shall not penalize the
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Solid Waste Collection Contract
15
Contractor for reasonable delays in the provision of services to annexed
areas due to procurement delays that are not within the control of the
Contractor. This Contract is in lieu of a franchise as provided in RCW
35A.14.900. The Contractor agrees that their certificate applicable to those
annexation areas shall be cancelled effective the date of annexation by the
City. The Contractor expressly waives and releases its right to claim any
damages or compensation from the City, its officers, agents, or assigns
arising out of the cancellation of any pre- existing permit or franchise held
by the Contractor prior to annexation, and further specifically waives the
right to receive any additional compensation or any rights of collection in
the newly annexed territory. The term during which the Contractor will
service any future annexation areas shall be seven (7) years,
notwithstanding the term set forth in Section 1 of this Agreement.
If, during the life of the Contract, additional territory is added to the City
through annexation within which the Contractor does not have an existing
WUTC certificate or other franchise for Garbage or other collections, then,
upon written notice from the City, Contractor agrees to make collections in
such annexed areas in accordance with the provisions of this Contract at
the unit price set forth in this Contract. The City acknowledges that
equipment, such as trucks, carts and Containers, may take time to procure
for distribution, and therefore, shall not penalize the Contractor for
reasonable delays in the provision of services to annexed areas covered by
this paragraph due to procurement delays that are not within the control of
the Contractor. The City will indemnify, hold harmless and defend the
Contractor from any and all claims, actions, suits, liability, loss, costs,
expenses and damages, including costs and attorney fees, arising out of
Contractor's service in that annexed territory under this Contract.
Annexed areas Customers shall receive the same Containers as used
elsewhere in the City, in accordance with the provisions of this Contract.
In the event where an annexed area is being serviced with Containers
different from the City's program, the Contractor shall be responsible for
timely Customer notification, removal and recycling of existing Containers
and delivery of appropriate Containers to those Customers.
2.1.3 Unimproved Public Streets and Private Roads
Residences located in an area that does not allow safe access, turn- around
or clearance for service vehicles will be provided service if materials are
set out adjacent to the nearest Public Street or Private Road that provides
safe access.
In the event that the Contractor believes that a Private Road cannot be
safely negotiated or that providing walk -in service for Single Family
Customers is impractical due to distance or unsafe conditions, the
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Solid Waste Collection Contract
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Contractor shall work with the Customer to negotiate the nearest safe and
mutually convenient pick up location.
If the Contractor believes that there is a probability of Private Road
damage, the Contractor shall inform the respective Customers. Contractor
may require a damage waiver agreement or decline to provide service on
those Private Roads. The City shall review and approve the damage waiver
form prior to its use with the Contractor's Customers.
2.1.4 Hours/Days of Operation
All regular collections from Residential Customers shall be made on
Monday through Friday, between the hours of 7:00 a.m. and 7:00 p.m. The
Contractor may perform Commercial collections twenty -four hour per day,
provided such services do not take place in areas adjacent to Residential
dwellings. The City may authorize an extension of hours or days to
accommodate specific Customers or sections of routes. Saturday and/or
Sunday collection is allowed to the extent consistent with the needs of
Commercial Customers, special bulky waste collections, make -up
collections, and holiday and inclement weather schedules, provided that
Residential areas shall not be impacted by Contractor operations during
those days. City code noise restrictions, as amended from time to time,
shall be applicable to collection services provided under this contract.
2.1.5 Employee Conduct
The Contractor's employees collecting Garbage, Recyclables and
Compostables shall at all times be courteous, refrain from loud,
inappropriate or obscene language, exercise due care, perform their work
without delay, minimize noise, and avoid damage to public or private
property. If on private property, employees shall follow the regular
pedestrian walkways and paths, returning to the street after replacing empty
Containers. Employees shall not trespass or loiter, cross flower beds,
hedges or property of adjoining premises, or meddle with property that
does not concern them or their task at hand. While performing work under
the Contract, employees shall wear a professional and presentable uniform
with a company emblem visible to the average observer.
If any person employed by the Contractor to perform collection services is,
in the opinion of the City, incompetent, disorderly or otherwise
unsatisfactory, the City shall promptly document the incompetent,
disorderly or unsatisfactory conduct in writing and transmit the
documentation to the Contractor with a demand that such conduct be
corrected. The Contractor shall investigate any written complaint from the
City regarding any unsatisfactory performance by any of its workers. If the
offending conduct is repeated, the City may require that the person be
removed from all performance of additional work under this Contract.
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Solid Waste Collection Contract
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Removal shall be addressed by the Contractor immediately, and related
documentation shall be provided to the City.
2.1.6 Disabled Persons Service
The Contractor shall offer carry -out service for Garbage, Recyclables and
Compostables to households lacking the ability to place Containers at the
Curb, at no additional charge. The Contractor shall use qualification
criteria that are fair and meet the needs of the City's disabled residents.
These criteria shall comply with all local, state and federal regulations, and
shall be subject to City review and approval prior to program
implementation.
2.1.7 Holiday Schedules
The Contractor shall observe the same holiday schedule as do King County
Transfer Stations (New Year's Day, Thanksgiving Day, and Christmas
Day).
When the day of regular collection is a King County Transfer Station
holiday, the Contractor shall reschedule the remainder of the week of
regular collection to the next succeeding workday, which shall include
Saturdays. The Contractor shall not collect Residential Garbage,
Recyclables or Compostables earlier than the regular collection day due to
a holiday. Commercial collections shall be made one day early only with
the consent of the Commercial Customer.
2.1.8 Inclement Weather and Other Service Disruptions
When weather conditions are such that continued operation would result in
danger to the Contractor's staff, area residents or property, the Contractor
shall collect only in areas that do not pose a danger. The Contractor shall
notify the City of its collection plans and outcomes for each day that severe
inclement weather is experienced as soon as practical that same business
day.
The Contractor shall collect Garbage, Recyclables and Compostables from
Customers with interrupted service on the first day that regular service to a
Customer resumes and shall collect reasonable accumulated volumes of
materials equal to what would have been collected on the missed collection
day(s) from Customers at no extra charge. Following notification to the
City, the Contractor will be provided temporary authorization to perform
collection services after 7:00 pm and/or on Saturdays following disruptions
due to weather in order to finish collection routes.
If successive weather events occur on the same scheduled collection day(s)
two collection cycles in a row for a single collection day (i.e., Tuesday
Customers), an additional collection will be made on the next possible
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business day that same week, (i.e. not waiting for the regularly scheduled
collection day for the missed area.) If multiple days are missed due to
inclement weather in multiple weeks, collections shall be made on the next
regularly scheduled collection day. In the event of successive service
disruptions impacting entire neighborhoods, the Contractor shall provide
temporary Residential Garbage collection sites using driver- staffed Drop
Box Containers or other suitable equipment, with no extra charge assessed
for such temporary service.
The inclement weather /disruption in service requirements in the preceding
paragraph may be changed upon mutual written agreement of the
Contractor and City at any time during the term of this Contract to better
serve Customers.
All holiday and weather policies shall be included in program information
provided to customers. On each inclement weather day, the Contractor
shall release notices to the local newspapers and radio stations (including
the Seattle Times newspaper and KING AM, KIRO, and KOMO radio
stations) and the Regional Public Information Network (RPIN) notifying
residents of the modification to the collection schedule. The Contractor
shall use automated dialing services to inform Customers at the route level
about service changes, provided that Customers shall be provided the
option of opting out of automated calls.
When closure of roadways providing access or other non weather related
events beyond the Contractor's control prevent timely collection on the
scheduled day, the Contractor shall make collections on the first day that
regular service to a Customer resumes, collect reasonable accumulated
volumes of materials equal to what would have been collected on the
missed collection day(s) from Customers at no extra charge. Following
notification to the City, the Contractor will be provided temporary
authorization to perform collection services after 7:00 pm and/or on
Saturdays following such disruptions in order to finish collection routes.
Delayed or interrupted collections as described in this Section are not
considered service failures for purposes of Section 4.1.
2.1.9 Suspending Collection from Problem Customers
The City and Contractor acknowledge that, from time to time, some
Customers may cause disruptions or conflicts that make continued service
to that Customer unreasonable. Those disruptions or conflicts may include,
but not be limited to, repeated damage to Contractor -owned Containers,
repeated refusal to position Garbage, Recycling and Compostables Carts
properly, repeated suspect claims of timely set -out followed by demands
for return collection at no charge, repeated claims of Contractor damage to
a Customer's property, or other such problems.
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Solid Waste Collection Contract
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The Contractor shall make every reasonable effort to provide service to
those problem Customers. However, the Contractor may deny or
discontinue service to a problem Customer if reasonable efforts to
accommodate the Customer and to provide services fail. If the Customer
submits a written letter to the City appealing the Contractor decision, the
City may, at its discretion, intervene in the dispute. In this event, the
decision of the City shall be final. The City may also require the denial or
discontinuance of service to any Customer who is abusing the service or is
determined to be ineligible
2.1.10 Missed Collections
If Garbage, Recyclables or Compostables Containers are set out
inappropriately, improperly prepared or contaminated with unacceptable
materials, the Contractor shall place in a prominent location a notification
tag that identifies the specific problem(s) and reason(s) for rejecting the
materials for collection. Failure to provide proper notification to
Customers of the reason for rejecting materials for collection shall be
considered a missed collection and/or subject to performance fees due to
lack of proper Customer notification.
The failure of the Contractor to collect Garbage, Recyclables or
Compostables that has been set out by a Customer in the proper manner
shall be considered a missed pick -up, and the Contractor shall collect the
materials from the Customer on the same day if notified by 12:00 p.m.
Monday through Friday, otherwise the collection shall occur on the next
business day. The Contractor shall maintain an electronic database of all
missed pick -ups (whether reported by telephone call or e-mail) and
Contractor shall routinely note and provide corrective action to those
Customers who experience repeated missed pick -ups. Such records shall be
made available for inspection upon request by the City and shall be
included with monthly reports unless otherwise directed by the City.
In the event that the Contractor fails to collect the missed pick -up within
twenty -four (24) hours of receipt of notice (or on Monday in the event of
notification after 12:00 p.m. on Friday), the Contractor shall collect the
materials that day and shall be subject to performance fees. If the
Contractor is requested by the Customer to make a return trip due to no
fault of the Contractor, the Contractor shall be permitted to charge the
Customer an additional fee for this service (a "return trip fee" at the rate
specified in Attachment B), provided the Contractor notifies the Customer
of this charge in advance.
2.1.11 Same Day Collection
Garbage, Recyclables and Compostables collection shall occur on the same
regularly scheduled day of the week for Single Family Residence
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Solid Waste Collection Contract
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Customers. The collection of Garbage, Recyclables and Compostables
from Multi Family Complexes and Commercial Customers need not be
scheduled on the same day.
2.1.12 Requirement to Recycle and Compost
The Contractor shall recycle or compost all loads of Source Separated
Recyclables and Compostables collected, unless express prior written
permission is provided by the City. The disposal of contaminants
separated during processing is acceptable to the extent that it is
unavoidable and consistent with industry standards. The Contractor's
residuals from the overall processing operations at the facility (including
both City and non -City material) shall not exceed 5 If more than 5% of
inbound materials are found to be contaminants, the Contractor will
develop a plan to determine which Customers are adding contaminants in
their Recyclables and then provide a public education program to remedy
the situation.
The Contractor shall process Recyclables in such a manner as to meet
market specifications and to minimize out throws and prohibitives in baled
material. The Contractor shall remove 90% or more of the inbound
contaminants for disposal.
City staff shall be provided access to the Contractor's processing facilities
at any time for the purposes of periodically monitoring the facilities'
performance under this Section. Monitoring may include, but not limited
to, taking samples of unprocessed Recyclables, breaking selected bales and
measuring the out throws and prohibitives by weight, taking samples of
processed glass and metals, reviewing actual markets and use of processed
materials, and other activities to ensure the Contractor's performance under
this Section and to ensure that misdirected Recyclables and contamination
are minimized.
Obvious contaminants included with either Source Separated Recyclables
or Compostables shall not be collected, and shall be left in the Customer's
Container with a prominently displayed notification tag (per Section
2.1.10) explaining the reason for rejection.
2.1.13 Routing, Notification and Approval
The Contractor shall indicate, on a detailed map acceptable to the City, the
day of the week Garbage, Recyclables and Compostables shall be collected
from each Single Family Residence.
The Contractor may change the day of collection by giving notice at least
twenty -one (21) days prior to the effective date of the proposed change and
must obtain advance written approval from the City. On the City's
approval, the Contractor shall provide affected Customers with at least
City of Tukwila 12
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21
fourteen (14) days written notice of pending changes of collection day.
The Contractor shall obtain the prior written approval from the City of the
notice to be given to the Customer, and such approval shall not be
unreasonably withheld.
2.1.14 Equipment Age /Condition
The Contractor shall use vehicles that meet model year 2010 or later
federal emissions standards. Back -up vehicles used fewer than thirty (30)
operating days per calendar year shall not be subject to the age and
emission standards that apply to regularly -used vehicles, but shall be
presentable, in safe working order and shall be subject to all other
conditions of this Section. The accumulated annual use of individual back-
up vehicles shall be reported in the Contractor's monthly report.
All vehicles used in the performance of this Contract shall be maintained in
a clean and sanitary manner, and shall be thoroughly washed at least once
each week and shall be repainted as necessary.
All collection equipment shall have appropriate safety markings, including
all highway lighting, flashing and warning lights, clearance lights, and
warning flags, all in accordance with current statutes, rules and regulations.
Equipment shall be maintained in good condition at all times. All parts and
systems of the collection vehicles shall operate properly and be maintained
in a condition satisfactory to the City. The Contractor shall maintain
collection vehicles to ensure that no liquid wastes (such as Garbage or
Compostables leachate) or oils (lubricating, hydraulic or fuel) are
discharged to Customer premises or City streets. Any equipment not
meeting these standards shall not be used within the City until repairs are
made. All liquid spills will be immediately cleaned to the City's and
Customer's satisfaction. Unremediated spills and failure to repair vehicle
leaks shall be subject to performance fees as provided in Section 4.1.
All collection vehicles shall be labeled with signs on both the front and
driver's side door and the rear of the vehicle which clearly indicate the
vehicle inventory number. The Customer service telephone number shall
be labeled on the side of the vehicle. Signs shall use lettering not less than
four (4) inches high and shall be clearly visible from a minimum distance
of twenty (20) feet. Signs, sign locations and the telephone number shall
be subject to approval by the City. No advertising shall be allowed on
Contractor vehicles other than the Contractor's name, logo and Customer
service telephone number and website address. Special promotional
messages may be permitted, upon the City's prior written approval. In
addition, any vehicle regularly used in the City shall include a placard
clearly visible at the rear of the vehicle. This placard will show, in
lettering at least 12" high, an abbreviated truck designation number specific
to the Contractor's operating division, limited to a three digit numeral to
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aid in rapid identification of vehicles to allow more precise reporting and
correction of any unsatisfactory condition related to specific vehicles. The
12" three digit number may be the last three digits of a larger fleet number,
provided that the initial numbers are no greater than four inches high. All
Contractor route, service and supervisory vehicles shall be equipped with
properly licensed two -way communication equipment. The Contractor
shall maintain a base station or have communication equipment capable of
reaching all collection areas.
2.1.15 Container Requirements and Ownership
The Contractor shall procure and maintain a sufficient quantity of
Containers to service the City's Customer base, including seasonal and
economic variations in Container demand. Failure to have a Container
available when required by a Customer shall subject the Contractor to
performance fees, as provided in Section 4.1.
Customers may elect to own or secure Containers from other sources, and
shall not be subject to discrimination by the Contractor in collection
services on that account. However, Containers owned or secured by
Customers must be capable of being serviced safely by the Contractor's
collection vehicles to be eligible for collection. The Contractor shall
provide labels and collection service for compatible Customer -owned
Containers. The Contractor is not required to service Customer Containers
that are not compatible with the Contractor's equipment. In the event of a
dispute as to whether a particular Container is compatible, the City shall
make a final determination.
2.1.15.1 Micro -Cans and Garbage Cans
Customers shall use a Contractor -owned Micro -Can or
Garbage Cart for small Container Garbage collection service.
Plastic bags and Garbage Cans may be used for overflow
volumes of Garbage, but not as a Customer's primary
Container.
If a Customer uses their own Container for excess Garbage,
Contractor crews shall be expected to handle the Container in
such a way as to minimize undue damage. The Contractor
shall be responsible for unnecessary or unreasonable damage to
Customer -owned Containers, wear and tear excepted.
2.1.15.2 Garbage, Recyclables and Compostables Carts
The Contractor shall provide Micro -Cans, and 20/21 32/35
64- and 96- gallon Garbage Carts for the respective level of
Garbage collection; 35 64- or 96- gallon Recyclables Carts;
and 35, 64- and 96- gallon Compostables Carts. All Carts shall
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23
be manufactured from a minimum of 10 percent (10 post
consumer recycled plastic, with a lid that will accommodate a
Contractor affixed instructional label. Carts shall be provided
to requesting Customers within seven (7) days of the
Customer's initial request. Failure to do so will result in
performance fees as provided in Section 4.1. All wheeled cart
manufacturers, styles and colors shall be approved in writing
by the City prior to the Contractor ordering a cart inventory.
All Carts must have materials preparation instructions and
telephone and website contact information that visually depicts
allowed and prohibited materials suitable for the designated
Cart either screened or printed on a sticker affixed to the lid.
All Contractor -owned wheeled carts shall: be maintained by
the Contractor in good condition to allow material storage,
handling, and collection; contain no jagged edges or holes; be
equipped with functional wheels or rollers for movement; be
equipped with functional lid; and be equipped with an anti -skid
device or sufficient surface area on the bottom of the Container
to prevent unwanted movement. The carts shall be labeled
with instructions for proper use, including any Customer
actions that would void manufacture warranties (such as
placement of hot ashes in the Container causing the Container
to melt or burn).
Contractor personnel shall note any damaged hinges, holes,
poorly functioning wheels and other similar repair needs on
Contractor -owned carts (including those for Garbage,
Recycling and Compostables) and forward repair notices to the
Contractor's service personnel. Cart repairs shall then be made
within seven (7) days at the Contractor's expense. Any Cart
that is damaged or missing on account of accident, act of nature
or the elements, fire, or theft or vandalism by other members of
the public shall be replaced no later than three (3) business
days after notice from the Customer or City. Replacement
Carts may be new or used and reconditioned, and all Carts
shall be clean and appear presentable when delivered.
Unusable carts shall be retrieved by Contractor, cleaned (if
necessary) and recycled to the extent possible.
In the event that a particular Customer repeatedly damages a
Cart or requests more than one replacement Cart during the
term of the Contract due solely to that Customer's negligence
or intentional misuse, the Contractor shall forward in writing
the Customer's name and address to the City. The City shall
then attempt to resolve the problem. In the event that the
problem continues and upon City- approval, the Contractor may
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charge the Customer a City- approved Cart destruction fee no
greater than half of the current new Cart replacement cost.
2.1.15.3 Detachable and Drop -Box Containers
The Contractor shall furnish, deliver, and properly locate 1
1.5 2 3 4 6- and 8 -cubic yard Detachable Containers, and
10 20 30- or 40 -cubic yard uncompacted Drop -Box
Containers to any Customer who requires their use for storage
and collection of Garbage, Recyclables or Compostables within
three (3) days of the request.
Containers shall be located on the premises in a manner
satisfactory to the Customer and for collection by the
Contractor. Containers shall not be placed by Contractor, or
kept for use by Customer, in any City Public Street. Any
Container located in any City Public Street at any time is at the
Contractor's risk and not the City's. Any Container located in
City Public Right of Way is in violation of this section, and
shall immediately be removed upon request by the City.
Detachable Containers shall be: watertight and equipped with
tight fitting metal or plastic covers, which covers shall be
closed by Contractor after every service; have four (4) wheels
for Containers 2 -cubic yards and under; be in good condition
for Garbage, Recyclables or Compostables storage and
handling; and, have no leaks, jagged edges or holes. Drop -Box
Containers shall be all- metal, and if requested by a Customer,
equipped with a tight fitting screened or solid cover operated
by a functional winch system that is maintained in good repair.
Each type of Detachable Container (i.e. Recyclables,
Compostables or Garbage) shall be painted a color consistent
with the program it is used for, subject to the requirements of
Section 2.1.15.6, with color changes subject to the City's prior
written approval. Containers shall be repainted as needed, or
upon notification from the City.
Detachable Containers shall be cleaned, reconditioned and
repainted (if necessary) before being initially supplied, or
returned after repair or reconditioning, to any Customer. The
Contractor shall provide an on -call Container cleaning service
to Customers. The costs of on -call cleaning shall be billed
directly to the Customer in accordance with Attachment B.
Containers on Customers' premises are at the Contractor's risk
and not the City's. The Contractor shall repair or replace
within twenty -four (24) hours any Container that was supplied
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by the Contractor if the City or a Health Department inspector
determines that the Container fails to comply with reasonable
standards or in any way constitutes or contributes to a health or
safety hazard.
In the event that a particular Customer repeatedly damages a
Container due to that Customer's negligence or intentional
misuse, the Contractor shall forward in writing the Customer's
name and address to the City. The City shall then attempt to
resolve the problem. In the event that the problem continues,
the Contractor may discontinue service to that Customer, on
the City's prior approval.
2.1.15.4 Recycling Carts
The Contractor shall provide Recycling Carts to Customers
within the City Service Area, including new Residences and
annexation areas, as well as replacement Carts to existing
Customers who request them because of loss, theft or damage.
Carts shall be provided within seven (7) days of a Customer
request.
All distributed Recycling Carts shall include information
materials describing material preparation and collection
requirements. Any materials published by the Contractor must
be reviewed and approved by the City prior to printing and
distribution by the Contractor. All Recycling Carts shall be
labeled with materials preparation instructions that visually
depict allowed and prohibited materials suitable for the
designated Cart either screened or printed on a sticker affixed
to the lid, along with telephone and website contact
information. All Recycling Carts shall be provided at the
Contractor's sole expense.
In the event that a Customer intentionally damages or misuses
their Recycling Cart, the Contractor may discontinue recycling
service to that Customer, on the City's prior approval and/or
may charge the Customer a City- approved Cart destruction fee
no greater than half of the current new Cart replacement cost.
2.1.15.5 Ownership
On the termination of this Contract for any reason, all
Contractor supplied Garbage Carts, Recycling Carts and
Compostables Carts purchased or obtained by the Contractor in
performance of this contract, shall, at the option of the City,
revert to City ownership without further compensation to the
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Contractor. Upon written notice, the City may elect to assign
this ownership option to a third party.
Detachable Containers and Drop -Box Containers shall be
purchased, delivered and maintained by the Contractor during
the term of this Contract. On the termination of this Contract
for any reason, the City may, at its option, purchase or assign
the right to purchase the Contractor's in -place inventory of
Detachable Containers or Drop -Box Containers for use by the
successive contractor. In the event that Contractor's
Containers are purchased or assigned, the sale price shall equal
fifty percent (50 of the average new price for each
Container, based on the average price from three (3)
manufacturers at the time of the termination. For the purposes
of this transaction, the average prices shall include
transportation from the manufacturer to the Contractor's
closest service yard, but shall exclude sales or use taxes.
2.1.15.6 Container Colors and Labeling
New and replacement Contractor- provided Recycling Carts
shall be blue, Compostables Carts shall be grey, and Garbage
Carts shall be green. Detachable Containers used for Garbage
shall be green and all Detachable Containers used for
Recyclables shall be blue. The color requirements apply to
both Cart bodies and lids, but not Commercial Container lids.
Containers requiring repainting, including Containers damaged
by graffiti, shall be repainted within one week of verbal,
written or e-mail notification by the City or Customer.
The City may direct changes to cart colors at any time prior to
the Contractor ordering initial or replacement carts provided
the new direction from the City does not require replacement of
existing inventories and the cost per unit does not increase to
the Contractor. Specific Container colors shall be approved by
the City prior to the Contractor's order of new Containers.
All Containers shall be labeled with up -to -date instructional
information and contact information prior to delivery,
including both a customer service phone number and a website
address. All label designs shall be approved by the City prior
to ordering by the Contractor. The location of the label on the
Containers shall be subject to the City's prior approval. Labels
shall be replaced by the Contractor at no additional charge
when faded, damaged, out -of -date, or upon City or Customer
request.
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2.1.15.7 Container Weights
Micro -Cans shall not exceed twenty 20 pounds, 20 -gallon
Garbage Carts shall not exceed forty 40 pounds and Garbage
Cans shall not exceed sixty (60) pounds in weight. Cart
weights shall not exceed sixty (60) pounds for the 35- gallon
size, one hundred- twenty (120) pounds for the 64- gallon size
and one hundred- eighty (180) pounds for the 96 -gallon size.
No specific weight restrictions are provided for Detachable
Containers, however, the Contractor shall not be required to lift
or remove materials from a Detachable Container exceeding
the safe working capacity of the collection vehicle. The
combined weight of Drop -Box and contents must not cause the
collection vehicle to exceed legal road weights.
2.1.16 Spillage
All loads collected by the Contractor shall be completely contained in
collection vehicles at all times, except when material is actually being
loaded. Hoppers and tippers on all collection vehicles shall be operated so
as to prevent any blowing or spillage of materials. Any blowing or spillage
of materials either caused by Contractor or that occurs during collection
shall be immediately cleaned up by the Contractor at Contractor's expense.
Prior to any collection vehicle leaving a collection route and /or operating
on any roads with a speed limit higher than 25 miles per hour, Contractor
shall completely close any collection vehicle openings where materials
may blow out, and thoroughly inspect for and contain any collected
materials inadvertently spilled on top of the collection vehicle to prevent
release or littering this material. Spillage not immediately cleaned up shall
be cause for performance fees, as described in Section 4.1.
All vehicles used in the performance of this Contract shall be required to
carry regularly- maintained and fully functional spill kits. At a minimum,
spill kits shall include absorbent pads or granules, containment booms,
storm drain covers, sweepers and other similar materials sufficient to
contain, control and, for minor events, appropriately clean-up any spillage
or release of wind -blown materials, litter, or leaks of Contractor vehicle
fluids or leachate. The Contractor shall notify the City via e-mail within
two hours of any major spill or any spill that leaves a noticeable stain on
City Roads or private property. Spill kits shall also include employee spill
containment instructions and procedures as well as a regularly updated list
of emergency contacts. The Contractor shall develop spill response
procedures for review and approval by the City before initiating any work
under this Contract. Prior to operating any vehicle in the City, all
Contractor vehicle drivers shall be provided with hands -on training on the
location, maintenance, and use of spill kits and associated containment and
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notification procedures. Such training shall be provided to all vehicle
drivers at least annually.
All Drop -Box loads (both open and compactor) shall be properly and
thoroughly covered or tarped to prevent any spillage of material prior to
Contractor vehicle entering any Private Road or Public Street.
2.1.17 Pilot Programs
The City may wish to test and/or implement one or more changes to waste
stream segregation, materials processing or collection technology,
promotion of services, or collection frequency at some point during the
term of the Contract. The City shall notify the Contractor in writing at
least ninety (90) days in advance of its intention to implement a pilot
program or of its intentions to utilize a new technology system on a City-
wide basis. The costs (or savings) accrued by any City- initiated pilot
programs shall be negotiated prior to implementing any City- directed pilot
or proceeding with City Service Area -wide full implementation. The
Contractor shall coordinate with the City and participate fully in the design,
roll -out, operation and troubleshooting of such pilot programs.
Contractor initiated pilot programs shall require prior written notification
and approval by the City. Contractor initiated pilot programs shall be
performed at no additional cost to the City or the Contractor's Customers;
however, savings accrued may be subject to negotiations prior to City -wide
implementation at the City's request.
Contractor- initiated surveys are allowed of businesses and/or Residences to
gather information about generic service preferences or to access pilot
program options or outcomes, provided that all related data and analysis is
shared with the City.
2.1.18 Disruption Due to Construction
The City reserves the right to construct any improvement or to permit any
such construction in any street or alley in such manner as the City may
direct, which may have the effect for a time of preventing the Contractor
from traveling the accustomed route or routes for collection. However, the
Contractor shall, by the most expedient manner, continue to collect
Garbage, Recyclables and Compostables to the same extent as though no
interference existed upon the streets or alleys normally traversed. This
collection shall be done at no extra expense to the City or the Contractor's
Customers.
2.1.19 Contractor Planning Assistance
The Contractor shall, upon request and without additional cost, make
available site planning assistance to either the City and/or property owners
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or their representatives. The site planning assistance shall be available for
all new construction or remodeling of buildings and structures within the
City Service Area, and shall address the design and planning of Garbage,
Recyclables and Compostables removal areas and their location upon the
site of the proposed construction or remodeling project. Contractor
planning assistance for optimizing loading docks, enclosures, compactor
equipment, and other similar structures or areas shall also be available for
existing Customers when adjusting Garbage, Recyclables and
Compostables services. Contractor planning assistance shall be provided
within two working days of the Contractor receiving a written request for
assistance.
2.1.20 Safeguarding Public and Private Facilities
The Contractor shall be obligated to protect all public and private
improvements, facilities and utilities whether located on public or private
property, including street Curbs. If such improvements, facilities, utilities
or Curbs are damaged and such damage is primarily attributable to the
Contractor's operations, the Contractor shall notify the City immediately in
writing of all damage, and the Contractor shall repair or replace the same.
If the Contractor fails to do so promptly, as determined by the City, the
City shall cause repairs or replacement to be made, and the cost of doing so
shall be billed to and become the responsibility of the Contractor.
2.1.21 Company Name
The Contractor shall not use a firm name containing any words implying
municipal ownership without prior written permission from the City.
2.1.22 Transition and Implementation of Contract
Within 45 days of the execution of this Contract and no later than 180 days
prior to the commencement of services, Contractor shall provide a detailed
Transition and Implementation Plan to the City for review and approval.
The Contractor's operations and management staff shall be available for
weekly meetings with the City, at the City's request, during the Transition
and Implementation Period, which shall be a period extending from
submittal of the Transition and Implementation Plan through 90 days
following the commencement of services. The Contractor shall provide
weekly tallies of container delivery counts and delivery areas, billing and
customer service updates, problems encountered and options for resolution,
a summary of upcoming activities, and other information necessary for the
City to evaluate the Contractor's implementation efforts and to remain fully
apprised of the transition between contractors.
2.1.23 Ongoing Coordination with City and Performance Review
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The Contractor's supervisory staff shall be available to meet with the City
at the City's offices on request as well as on a quarterly schedule to discuss
and resolve operational and Contract issues. The City may, at its option,
conduct periodic performance reviews of the Contractor's performance
under this Contract. The City may perform the review to confirm various
aspects of the Contractor's operations and compliance with this Contract.
City staff or contracted consultants may provide the review at the City's
direction. The Contractor shall fully cooperate and assist with all aspects
of the performance review, including access to Contractor's route and
Customer service data, billing information, safety records, equipment,
facilities and other applicable items. The City's scope of review under this
provision is intended to focus on analysis of the Contractor's performance
and Contract compliance.
The results of the performance review shall be presented to the Contractor
and a plan for addressing any deficiencies shall be provided to the City
within two (2) weeks of the Contractor's receipt of the review. The
Contractor shall analyze and correct in good faith any deficiencies found in
its performance under this Contract, including broader implementation of
corrections that extend beyond the limited data or scope of a performance
review to bring Contractor into more complete Contract compliance.
The Contractor's corrective plan shall address all identified deficiencies
and include a timeline for corrective actions. The Contractor's corrective
plan shall be subject to review and approval by the City. Upon approval of
the plan, the Contractor shall implement and sustain actions that correct
deficiencies. Failure to complete correction of deficiencies as outlined in
the plan and/or failure to initiate good faith corrective actions within thirty
(30) days shall constitute a failure to perform subject to performance fees
as defined in 4.1.
The Contractor shall continually monitor and evaluate all operations to
ensure compliance with this Contract. At the request of the City, the
Contractor shall report its own findings from internal monthly performance
measures for collection, customer service and maintenance functions. The
City shall determine which of the Contractor internal performance
management measures are relevant to addressing any particular
deficiencies and the Contractor shall continue to report those measures
until notified in writing by the City.
2.1.24 Disposal Restrictions and Requirements
All Garbage collected under this Contract, as well as residues from
processing Recyclables and Compostables, shall be delivered to the King
County Disposal System, unless otherwise directed in writing by the City.
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Garbage containing obvious amounts of Yard Debris shall not knowingly
be collected and instead prominently tagged with a notice informing the
Customer that King County does not accept Yard Debris mixed with
Garbage for collection. Contractor's collection of Garbage knowing that it
is mixed with visible Yard Debris shall be grounds for performance fees as
provided in Section 4.1.
The Contractor shall not be required to collect hazardous materials that are
either restricted from disposal or would pose a danger to collection crews.
If materials are rejected for this reason, the Contractor shall leave a written
notice with the rejected materials listing why they were not collected and
providing the Customer with a contact for further information about proper
disposal options. The Customer shall remain responsible for all costs
associated with handling and disposal of hazardous materials inadvertently
collected by Contractor.
Garbage collected by the Contractor may be processed to recover
Recyclables, provided that the residual is disposed in accordance with the
City's Interlocal Agreement with King County. In the event the Contractor
elects to haul Garbage to a private processing facility, the Contractor shall
charge the Customer no more than the equivalent Garbage disposal fee at a
King County Disposal System transfer station and shall charge hauling fees
no higher than provided for in Attachment B.
2.1.25 Direct Payment of Disposal Fees by City
Upon 180 days written notice, the City may elect to pay disposal fees
directly to King County. If the City elects to pay disposal fees directly, the
Contractor shall:
(1) Ensure that Garbage routes serving City Customers handle only City
Garbage and not Garbage from Customers in other jurisdictions;
(2) Properly train and supervise its collection crews to properly use City
disposal cards at County facilities, and to reconcile loads delivered by
Contractor's crews with the disposal invoice provided by King
County
(3) Track and report disposal quantities by route and average Container
weights by Container size each month;
(4) Formalize a separate billing agent addendum to this Contract which
details the financial and legal relationship between the Contractor
(billing agent) and the City (client), including how receivables are
handled and how the City handles disbursement to the Contractor and
the County; and
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(5) Reduce its overall compensation for each service level by 110% of the
amount of the disposal fee component plus the then current business
and occupation tax, based on the unit weights listed in the then
current Attachment B of this Contract.
If the City elects to pay disposal directly, the City shall release and
indemnify the Contractor from financial and legal responsibility for
disposal payments for City Garbage, provided that the Garbage has been
collected only from applicable City Customers in accordance with this
Contract.
Independent of the City's decision on disposal cost payment, the
Contractor shall participate upon request in a City funded and managed
Container weight study to be conducted no more than once every three
years of the Contract. At the City's option, the container weight study
results may be used to update the disposal components listed in Attachment
B of this Contract.
2.1.26 Violation of Ordinance
The Contractor shall report in writing immediately to the City any observed
violation of the City's ordinances providing for and regulating the
Containerization, collection, removal and disposal of Garbage, Recyclables
and Compostables.
2.2 Collection Services
2.2.1 Single Family Residence Garbage Collection
2.2.1.1 Subject Materials
The Contractor shall collect all Garbage placed Curbside for
disposal by Single- Family Residence Customers in and
adjacent to Micro -Cans, Garbage Cans or plastic bags (for
Extra Units) and/or Contractor -owned Garbage Carts. The
Contractor shall offer carry -out service to disabled Customers
at no charge (per Section 2.1.6) and to all other Customers for
the appropriate service level rate, plus the carry -out surcharge,
in accordance with Attachment B. If a Customer is either
eligible for, or subscribes to, carry -out service, carry -out
service shall be provided for all three collection streams
(Garbage, Recyclables, and/or Compostables) without
duplicate surcharges.
2.2.1.2 Collection Containers
The Customer's primary Container must be a Micro -Can or
Garbage Cart. Plastic bags and Garbage Cans may only be used
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for Extra Units, not as the Customer's primary Container.
Micro -Can and Cart rental fees shall be embedded in the
respective rate charged for the level of service and not
separately charged or itemized.
Micro -Cans and Garbage Carts shall be delivered by the
Contractor to Single Family Residence Customers within seven
(7) calendar days of the Customer's initial request.
2.2.1.3 Specific Collection Requirements
The Contractor shall offer regular weekly collection of the
following service levels:
(1) One 10- gallon Micro -Can
(2) One 20/21- gallon Garbage Cart;
(3) One 32/35- gallon Garbage Cart;
(4) One 64- gallon Garbage Cart; and
(5) One 96- gallon Garbage Cart.
On request, the Contractor shall also offer Customers monthly
collection of one 32/35- gallon Garbage Cart with no
putrescible wastes, at a rate equal to the weekly Micro -Can
service level. Customers subscribing at this service level will
continue to receive regularly scheduled Curbside recycling
service.
Carry -out charges shall be assessed only to those Customers
who choose to have the Contractor move Containers to reach
the collection vehicle at its nearest point of access. An Extra
Unit charge may be assessed for materials loaded so as to lift a
Cart lid in excess of six (6) inches from the normally closed
position. The Contractor may charge for an overweight
Container at the Extra Unit rate, provided that the Customer
agrees in advance to pay for the Extra Unit rate, otherwise, the
Container shall be left at the Curb with Customer notification
as to why it was not collected. The Contractor shall maintain
route lists in sufficient detail to allow accurate recording and
charging of all Extra Unit fees. All Extra Units from
Customers with a history of disputed charges shall be
documented with a date and time stamped photograph.
Customers shall be allowed to specify that no Extra Units be
collected without prior Customer notification, which shall be
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provided by the Customer no less than twenty -four (24) hours
prior to that Customer's regular collection.
Collections shall be made from Single Family Residences on a
regular schedule on the same day and as close to a consistent
time as possible. Customers shall place Containers on or
abutting Public Streets or Private Roads. The Contractor may
tag inappropriately placed Containers and may discontinue
service in the event of persistent inappropriate Container
placement. The Contractor's crews shall make collections in
an orderly and quiet manner, and shall return Containers, in an
upright position, with lids closed and attached, to their set out
location and will not place Containers on streets, sidewalks,
public pathways, or in places that block vehicle access to any
driveways, mailboxes, or similar structures.
Once each year, on a scheduled approved by the City, the
Contractor shall provide a curbside collection event to handle
bulky materials at no additional charge to Residential
Customers. The event shall accept two categories of bulky
household items: (1) individual small items not larger than
three feet by three feet and weighing not more than 65 pounds;
and (2) larger items, limited to one of each type, including all
appliances, mattresses, sofas, hot water tanks, etc.
Upon one hundred eighty -days written notice from the City,
the Contractor shall shift Single Family Residence Garbage
collection to every- other -week. In the event that the City
implements this reduced collection frequency, the Single
Family Garbage rates in Attachment B shall be reduced by
$2.54 /month plus the City's then current administrative fee and
corresponding State B &O tax on the administrative fee related
to this reduction, subject to the rate modification provisions of
Section 3.3.
2.2.2 Single Family Residence Recyclables Collection
2.2.2.1 Subject Materials
The defined list of Residential Recyclables shall be collected from all
participating Single Family Residences as part of basic Garbage collection
services, without extra charge. The Contractor shall collect all Residential
Recyclables from Single Family Residences that are placed in Contractor
owned Carts or are boxed or placed in a paper bag next to the Customers'
Recycling Cart. Recyclables containing obvious amounts of Compostables
or Garbage shall not knowingly be collected and instead prominently
tagged with a notice informing the Customer of Recyclables
City of Tukwila 26
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contamination. Customers shall be contacted and provided the opportunity
to either remove the contamination and have the materials collected the
following collection cycle or, alternatively, have the materials collected as
Garbage at the regular extra fee. Recyclables must be prepared as follows
and uncontaminated with food or other residues:
Aluminum Cans: All clean aluminum cans, pie "tins" and
foil that are placed in the Recycling Cart.
Corrugated Cardboard: All corrugated cardboard boxes smaller
than three (3) feet square, and placed in
or next to the Customer's Recycling Cart.
Corrugated cardboard boxes larger than
three (3) feet square must be flattened by
Customer prior to collection.
Fats, Oils, Grease (FOG): Up to three gallons of used cooking oil
and kitchen grease that is free from
contaminants and placed in clear screw
top plastic containers, labeled with the
Customer's address and placed next to
the Customer's Recycling Cart.
Fluorescent Lights All compact fluorescent bulbs packaged
in accordance with Contractor
instructions and placed on top of the
Recycling Cart.
Glass Containers: All colored or clear jars and bottles that
are rinsed and have lids removed.
Fluorescent and incandescent light bulbs,
ceramics and window glass are excluded.
Mixed Paper:
All Mixed Paper
Motor Oil: Up to three gallons of motor oil that is
free from contaminants and placed in
clear screw -top plastic jugs, labeled with
the Customer's address and placed next
to the Customer's Recycling Cart.
Newspaper: All newspaper and advertising
supplements that are delivered.
Plastic Bags: All clean dry plastic bags, (shopping,
newspaper, and dry cleaning bags)
bagged together and placed in the
Recycling Cart.
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Plastic Containers: All plastic bottles, cups, jugs and tubs.
Other plastics, automotive or other
hazardous product Containers, and lids
less than 3" are excluded.
Other Plastic: Clean plastic food containers and trays,
clean LDPE stretch plastic film such as
Saran Wrap, Polypropylene and PET
plastic soda and water bottles; plastic
buckets such as 5 gallon pails and clean
Plant pots.
Scrap Electronics: Scrap electronics that are no bigger than 2
feet by 2 feet per unit in size and less than
60 pounds per unit, including computer
equipment, VCRs, audio equipment,
televisions, cell phones and other
equipment containing circuit boards that
are placed next to the Recycling Cart.
Scrap electronics do not include speakers,
kitchen appliances, or other household
products as defined in the Contractor's
promotional materials.
Scrap Metal: All ferrous and non ferrous Scrap Metal
that has no more than market- acceptable
levels of wood, plastic, rubber and/or
other contaminants; and meets the size
requirements defined for Scrap Metals.
Tin Cans: All food and beverage tin cans with labels
removed.
Garbage Cans: The Contractor shall also collect and
recycle unwanted Garbage Cans from
Customer. Customers shall label
unwanted cans with a "Take" label and
the Contractor shall collect those empty
unwanted Garbage Cans on its Recycling
collection route.
2.2.2.2 Containers
The Contractor shall be responsible for ordering, assembling,
affixing instructional information onto, maintaining adequate
inventories of, and distributing and maintaining Recycling
Carts. The default Recycling Cart size shall be 96- gallons for
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new Customers, provided that the Contractor shall offer and
provide 32/35- or 64- gallon Recycling Carts on request to
those Customers requiring either less or additional capacity
than provided by the standard 96 -gallon Recycling Cart.
Recycling Carts shall include a recycling/program brochure
when distributed.
Recycling Carts shall be delivered by the Contractor to new
Customers or those Customers requesting replacements, within
seven (7) days of the Customer's initial request.
2.2.2.3 Specific Collection Requirements
Single Family Residence Recyclables collection shall occur
every- other -week on the same day as each household's
Garbage collection. Single Family Residence Recyclables
collection shall occur during the hours and days specified in
Section 2.1.4. Collections shall be made from Residences on a
regular schedule on the same day and as close to a consistent
time as possible. The Contractor shall collect on Public Streets
and Private Roads in the same location as Garbage collection
service is provided. The Contractor's crews shall make
collections in an orderly and quiet manner, and shall return
Containers with their lids closed and attached to their set out
location in an orderly manner.
The Contractor shall collect all properly prepared Single
Family Residence Recyclables from Garbage Customers. No
limits shall be placed on set -out volumes, except in the case
when extremely large quantities of commercially- generated
materials are consistently set out at a Single Family Residence.
In this case, the Contractor shall request the resident to use a
larger Recycling Cart or use commercial recycling services for
the excess volumes. If the resident continues to set out
commercial quantities of Recyclables, the Contractor shall
notify the City for further action. In the event that large
quantities of Residentially generated cardboard (e.g. moving
boxes) are set out for collection, the Contractor may collect the
excess materials the following day in a separate truck, provided
that clear written notification of the collection delay is
provided to the Customer.
The Contractor shall collect properly packaged used motor oil
from Single Family Residential Customers. The Contractor
may refuse to collect used motor oil from any Customer for
any one of the following reasons: 1) the oil was not packaged
in a clear, leak proof, plastic jug or bottle, securely sealed with
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a screw -cap; 2) the packaged oil contained substances other
than used motor oil; 3) the packaged oil leaks in any way 4) the
Container is not properly labeled with the Customer's name
and address; or 5) there is spillage at the Customer location
which is not caused by the Contractor's employees. Should the
Contractor reject used motor oil for any of these reasons, a tag
outlining the reason for rejection shall be left with the oil.
The City and Contractor shall cooperate on monitoring the
quality of Recyclables set out for collection. Either party may
inspect or sample set -out or collected Recyclables. Any
deficiencies in Recyclables quality observed by City or
Contractor's staff shall require educational follow -up by the
Contractor to encourage maximum quality and marketability.
Educational follow -up shall range from a minimum of a notice
ticket or "oops tag" to involvement of management staff from
either the City or Contractor as appropriate.
Upon one hundred- eighty -days (180) written notice from the
City, the Contractor shall shift Single Family Residence
Recyclables collection to weekly. In the event that the City
implements this increased collection frequency, the Single
Family Garbage rates in Attachment B shall be increased by
$2.30 /month plus the City's then current administrative fee and
corresponding State B &O tax on the administrative fee related
to this increase, subject to the rate modification provisions of
Section 3.3.
2.2.3 Compostables Collection
2.2.3.1 Subject Materials
Compostables shall be collected each collection cycle from
Single Family Customers who subscribe for that service.
Compostables containing obvious amounts of Recyclables or
Garbage shall not knowingly be collected and instead
prominently tagged with a notice informing the Customer of
Compostables contamination. Customers shall be contacted
and provided the opportunity to either remove the
contamination and have the materials collected the following
collection cycle or, alternatively, have the materials collected
as Garbage at the regular extra fee.
Contaminated or oversized Compostables materials rejected by
the Contractor at the Curb shall be tagged in a prominent
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location with an appropriate problem notice explaining why the
material was rejected.
2.2.3.2 Containers
A 96- gallon Compostables Cart shall be provided to all
subscribers, unless a Customer specifically requests a smaller
Compostables Cart. The Contractor shall be responsible for
ordering, assembling, affixing instructional information onto,
maintaining inventories of, and distributing and maintaining
Compostables Carts. Compostables Carts shall be labeled with
instructional information, in accordance with Section 2.1.15.6.
The default Compostables Cart size shall be 96- gallons, with
32/35- and 64- gallon sizes available upon request.
Extra Yard Debris material that does not fit in the initial
Compostables Cart shall be bundled or placed in Kraft bags or
Customer -owned Garbage Cans labeled for Yard Debris.
Customers choosing to use their own Containers for excess
Yard Debris shall be provided durable stickers by the
Contractor that clearly identify the Container's contents as
Yard Debris.
Compostables Carts shall be delivered by the Contractor to
Customers within seven (7) days of the Customer's initial
request. Redelivery fees shall be charged only to those
Residential Customers that cancel and then restart
Compostables Cart collection service within seven months of
cancellation. In order for this fee to be applicable, Contractor
must notify each Customer at the time they request service
cancellation. The Contractor may charge a Compostables Cart
cleaning and deodorizing fee, per occurrence, for each
Compostables Cart cleaned and redelivered to existing
Compostables collection subscribers upon their request.
2.2.3.3 Specific Collection Requirements.
Compostable materials shall be collected every- other -week on
the same scheduled service day as Garbage collection.
Compostables in excess of 96 total gallons may be charged as
Compostables Extra Units in 32 gallon increments in
accordance with Attachment B, except during the two
collection cycles immediately following a storm event, when
up to 96 additional gallons of storm debris shall be accepted
with regular quantities of Compostables without extra charge.
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Unflocked, undecorated, natural holiday trees (Christmas
Trees) will be collected at no additional cost on the first two
weeks of scheduled Compostable materials collection each
year from all Single Family and Multifamily Residences in the
City if prepared as 2x2x4 feet sections or bundles.
The Contractor shall collect on Public Streets and Private
Roads, in the same location as Garbage collection is provided.
The Contractor's crews shall make collections in an orderly
and quiet manner, and shall return Containers in an upright
position, with lids attached, to their set out location and will
not place Containers on streets, sidewalks, public pathways, or
in places that block vehicle access to any driveways,
mailboxes, or similar structures.
Upon one hundred- eighty -days (180) written notice from the
City, the Contractor shall shift Single Family Residence
Compostables collection to weekly. In the event that the City
implements this increased collection frequency, the Single
Family Compostables rate in Attachment B shall be increased
by $2.40 /month plus the City's then current administrative fee
and corresponding State B &O tax on the administrative fee
related to this increase, subject to the rate modification
provisions of Section 3.3.
Upon one hundred- eighty -days (180) written notice from the
City, the Contractor shall embed every- other weekly Single
Family Residence Compostables collection in Garbage rates
and delivery Compostables Carts to all non subscribing
Customers. In the event that the City implements this option,
the Single Family Garbage rate in Attachment B shall be
increased by $5.81 /month plus the City's then current
administrative fee and corresponding State B &O tax on the
administrative fee related to this reduction, subject to the rate
modification provisions of Section 3.3. This option shall be
exercised by the City no later than June 1, 2014 to allow the
Contractor sufficient time to amortize the cost of the required
additional Carts.
2.2.4 Single Family Bulky Waste Collection
2.2.4.1 Subject Materials
On -call Bulky Waste collection shall be offered, and shall be
provided at the rates listed in Attachment B. Collected
oversized items shall be recycled by the Contractor to the
extent possible. The Contractor shall maintain a separate log
City of Tukwila 32
Solid Waste Collection Contract
41
listing service date, materials collected, Customer charges and
whether the item was recycled or disposed. This log shall be
provided to the City on a monthly basis.
2.2.4.2 Specific Collection Requirements
On -call collection services of bulky waste such as couches,
mattresses, white goods and other oversized materials must
occur during the hours and days specified in Section 2.1.4, with
the exception that Saturday collection is permissible if it is
more convenient for Customers. The Contractor's crews shall
make collections in an orderly and quiet manner.
2.2.5 Multi Family Complex and Commercial Customer Garbage Collection
2.2.5.1 Subject Materials
The Contractor shall collect all Garbage set out for disposal by
Multi Family Complex and Commercial Customers in
acceptable Containers as designated in Section 2.2.5.2.
2.2.5.2 Containers
The Contractor shall provide Containers meeting the standards
described in Section 2.1.15. Multi Family Complex and
Commercial Customers shall be offered a full range of
Containers and service options, including Garbage Carts, one
(1) through six (6) cubic yard compacted and one (1) through
eight (8) cubic -yard non compacted Detachable Containers,
and compacted or non compacted Drop -Box Containers. The
Contractor may also lease or sell compacted Drop -Box
Containers and Drop -Box and Detachable Container
Compactors to Customers outside of this Contract at rates
negotiated between the Customer and the Contractor.
Materials in excess of Container capacity or the subscribed
service level shall be collected and properly charged as Extra
Units at the rates listed in Attachment B. The Contractor shall
develop and maintain route lists in sufficient detail to allow
accurate recording and charging of all Extra Units and
documentation of service irregularities such as damaged or
blocked Containers. All Extra Units and service irregularities
shall be documented with a date and time stamped photograph.
The Contractor may use either or both front -load or rear -load
Detachable Containers to service Multi Family Complex and
Commercial Customers. However, not all collection sites
within the City Service Area may be appropriate for front -load
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collection due to limited maneuverability or overhead
obstructions. The Contractor shall provide Containers and
collection services capable of servicing all Customer sites,
whether or not front -load collection is feasible at that
Customer's site.
Contractor -owned Containers shall be delivered by the
Contractor to requesting Multi Family Complex and
Commercial Customers within three (3) days of the Customer's
initial request. Customers shall properly care for Containers on
the Customer's property, shall use reasonable efforts to protect
such Containers from graffiti or negligent misuse, and shall not
use such Containers for other than their intended purpose.
2.2.5.3 Specific Collection Requirements
Commercial Garbage collection shall be made available to
Multi Family Complex and Commercial Customers daily,
Monday through Saturday, during the times specified in
Section 2.1.4. Collection at Multi- Family sites shall be limited
to the same hours as Single Family Residence collection.
Collections shall be made on a regular schedule on the same
day and as close to a consistent time as possible to minimize
Customer confusion. The Contractor shall collect from areas
mutually agreed upon by the Contractor and Customer with the
least slope and best truck access possible. Containers shall be
replaced after emptying in the same location as found.
Extra charges may be assessed for materials loaded so as to lift
the Garbage Can, Garbage Cart of Detachable Container lid in
excess of six (6) inches from the normally closed position.
Customers may request extra collections and shall pay a
proportional amount (e.g. one pick -up per week rate divided by
4.33 weeks per month) of their regular monthly rate for that
service.
2.2.5.4 Premium Services
Premium services for Commercial and Multifamily Customers
include Contractor provided locks, lockboxes to hold customer
keys, opening and closing gates, and rolling out containers
more than 10 (ten) feet. The charges for premium services are
specified in Attachment B.
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2.2.6 Multi Family Complex Recyclables Collection
2.2.6.1 Subject Materials
The Contractor shall provide adequate Container capacity and
collect all Recyclables from Multi Family Complexes that are
prepared in a manner similar to that described for Single
Family Residence Recyclables in Section 2.2.2.1., with the
exception of used motor oil, fats /oils /grease, scrap electronics
and fluorescent lamps. This embedded Recyclables collection
shall occur at no extra charge from base Garbage collection.
The Contractor shall tag contaminated Containers, but will not
collect the contaminated load as Garbage and not charge the
resident or property manager a fee for contamination unless
notification and correction procedures as specified by the City
are completed.
2.2.6.2 Containers
The Contractor shall use Detachable Containers for recycling
collection at Multi Family sites wherever practicable and shall
use Recycling Carts only at duplexes, tri- plexes, four plexes
and other sites where site constraints limit the use of
Detachable Containers. Upon notice, Contractor shall equip
Detachable Containers with special slotted recycling lids
approved by the City.
The Contractor shall be responsible for ordering, assembling,
affixing instructional information onto, maintaining inventories
of, and distributing and maintaining Detachable Containers and
Recycling Carts. The default Recycling Cart size shall be 96-
gallons, provided that the Contractor shall offer and provide
32- or 64- gallon Recycling Carts on request to those complexes
requiring either less or additional capacity than provided by the
standard 96- gallon Recycling Cart. Recycling Carts shall be
labeled with recycling collection requirements in accordance
with Section 2.1.15.6 when distributed. The City may require
that combination or common -keyed locks and multiple keys be
provided by Contractor at no extra charge to limit
contamination of Recycling Carts or Recycling Detachable
Containers.
Recycling Carts and Containers shall be delivered by the
Contractor to requesting Customers within three (3) days of the
Customer's initial request. Multi Family Complex Recycling
Carts shall be relabeled periodically in accordance with Section
2.1.15.6.
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2.2.6.3 Specific Collection Requirements
Multi Family Complex recycling collection shall occur weekly
or more frequently, as needed, during the hours and days
specified in Section 2.1.4 for Multi- Family Complex
collection. Collections shall be made on a regular schedule on
the same day(s) of the week to minimize Customer confusion.
The Contractor shall collect from areas mutually agreed upon
by the Contractor and Customer with the least slope and best
truck access possible. After emptying Containers shall be
replaced in the same location as found. Multi- Family Complex
Recycling Customers shall not be charged lock, gate or roll -out
fees.
When space constraints limit the provision of Containers
appropriately -sized for weekly collection, the Contractor shall
provide more frequent collection, as necessary, of smaller
Containers to provide adequate total recycling capacity for the
Multi Family Complex site.
2.2.6.4 Multi Family Recycling Outreach and Incentives
The Contractor shall provide ample copies of current recycling
guidelines upon request of the City or Customer. The
Contractor shall assist the City in the development and
implementation of an annual recycling outreach and incentive
plan. The plan shall include, at a minimum, a description of
planned programs, tasks assignments between the City and
Contractor and support costs where appropriate.
Public Education will play an important role in this process.
The Contractor and the City shall work together to conduct
workshops, visit with Customers, and develop and implement a
high quality public education campaign. The outcomes and
results of these efforts will be tracked and reported to the City
by the Contractor.
2.2.7 Commercial Recycling Collection
The defined list of Commercial Recyclables shall be collected from all
participating Commercial Customers as part of basic Garbage collection
services, without extra charge.
The Contractor shall collect all Commercial Recyclables from Commercial
Customers that are prepared in a manner similar to that described for
Single Family Residential Recyclables in Section 2.2.2.1.
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Solid Waste Collection Contract
45
2.2.7.1 Subject Materials
The defined list of Commercial Recyclables shall be collected
from all participating Commercial Customers as part of basic
Garbage collection services, without extra charge subject to the
limitations in Sections 2.2.7 and 2.2.7.3.
The Contractor shall collect all Commercial Recyclables from
Commercial Customers that are prepared in a manner similar to
that described for Single Family Residential Recyclables in
Section 2.2.2.1. In the event of contaminated materials, the
driver shall notify the Contractor, and the Contractor shall
contact the Customer with specific instructions for Customer to
prepare the rejected materials for collection service or
authorization to collect the material as Garbage for the regular
Garbage collection fee. Contractor shall notify the City
immediately, through use of dispatch or route management
staff, if repeated contamination occurs in Recyclables set out
by any Commercial or Multi Family Customer.
2.2.7.2 Containers
Contractor- supplied Recycling Containers shall be used for
collecting Commercial Recyclables. Recycling Carts and
Recycling Detachable Containers shall be distinguished from
Compostables or Garbage Container colors per Section
2.1.15.6 and shall include prominent identifying labels that
provide directions for the preparation of the materials to be
placed in the Cart or Container.
At larger businesses, the Contractor may use Detachable
Containers or Drop -Box Containers for Recyclables collection
provided that they are distinguished from Containers used for
Garbage collection and are equipped with prominent
identifying labels.
Contractor -owned Containers shall be delivered by the
Contractor to requesting Customers within three (3) days of the
Customer's initial request.
2.2.7.3 Specific Collection Requirements
Commercial Recyclables collection shall be provided weekly
during the hours and days specified in Section 2.2.5.3.
Collections shall be made on a regular schedule on a consistent
day and as close to a consistent time as possible to minimize
Customer confusion. The Contractor shall collect in alleys
where practical, and on streets where no alleys are present.
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Solid Waste Collection Contract
46
Containers shall be replaced in the same location after
emptying.
When providing weekly Commercial Recyclables collection to
a particular Customer, the Contractor shall not be required to
provide Recycling Container capacity greater than 150 percent
of that Customer's weekly Garbage collection volume. For
example, a Customer with a weekly four (4) cubic yard
Garbage container would be provided up to six (6) cubic yards
of weekly Recyclables Container capacity. Any additional
recycling may be fee -based as negotiated between the
Customer and Contractor.
Commercial Recyclables collection Containers and service
may be ordered by the Commercial Customer, the City, or the
City's contracted technical assistance consultant, provided that
the Contractor shall not be required to provide Commercial
Recyclables collection to an unwilling party.
2.2.8 Multi Family Complex and Commercial Customer Compostables
Collection
2.2.8.1 Subject Materials
The Contractor shall provide Cart-based Compostables
collection services to requesting Multifamily Complexes and
Commercial Customers on a subscription fee basis. If
additional capacity is required, the Customer may arrange for
that service privately, either through the Contractor or another
parry. The provision of fee -based Commercial Compostables
collection in Detachable Containers by the Contractor shall
comply with the service and billing standards of this Contract,
even though rates are not regulated by this Contract.
Contaminated or oversized Compostables materials rejected by
the Contractor shall be tagged in a prominent location with an
appropriate problem notice explaining why the material was
rejected. The Contractor will contact Customers with specific
instructions for Customer to make the rejected materials
suitable for collection service.
2.2.8.2 Containers
The Contractor shall be responsible for ordering, assembling,
affixing instructional information onto, maintaining inventories
of, and distributing and maintaining Compostables Carts and
Detachable Containers.
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Solid Waste Collection Contract
47
Compostables Carts and Detachable Containers shall be
delivered by the Contractor to new Multi Family Complexes or
Commercial Customers within three (3) days of the City's
request, following the City's provision of technical assistance
to the Customer to set up the program.
2.2.8.3 Specific Collection Requirements
Compostables shall be collected weekly from Multi Family
Complex and Commercial Customers. Collections shall be
made on a regular schedule on the same day(s) and as close to
a consistent time as possible. The Contractor shall offer Carts
lining with compostable cart liners at an additional cost. The
liners shall be approved by the Contractor's composting
facility. The Contractor shall also provide free cleaning of
containers for each customer at least once per year.
The Contractor shall collect Containers at defined Multi
Family Complex or Commercial Customer Container spaces.
The Contractor's crews shall make collections in an orderly
and quiet manner, and shall return Containers with their lids
closed and attached to their set out location.
Commercial and Multi Family Customers using Compostables
Collection service and the Contractor shall comply with
Seattle -King County regulations for Commercial Food Scraps
collection.
2.2.9 Drop -Box Container Garbage Collection
2.2.9.1 Subject Materials
The Contractor shall provide Drop -Box Container Garbage
collection services to Multi Family Complex and Commercial
Customers, in accordance with the service level selected by the
Customer.
2.2.9.2 Containers
The Contractor shall provide Containers meeting the standards
described in Section 2.1.15. Both Customer -owned and
Contractor -owned Drop -Box Containers shall be serviced,
including Customer -owned compactors.
Contractor -owned Containers shall be delivered by the
Contractor to requesting Customers within three (3) days of the
Customer's initial request.
City of Tukwila 39
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48
2.2.9.3 Specific Collection Requirements
Single Family Residence, Multi- Family Complex and
Commercial Customer Drop -Box Container collection must
occur during the hours and days specified in 2.2.5.3..
Collection of Drop -Box Containers in Single Family Residence
and Multi Family Complex areas and multi -use buildings
containing Multi- Family Complexes shall be limited to the
same hours as Single Family Residence collection.
The Contractor shall provide service and equipment capability
to collect full Drop -Box Containers no later than the next
business day after the Customer's initial call. The Contractor
shall maintain a sufficient Drop -Box Container inventory to
provide empty Containers to new and temporary Customers
within three (3) business days after the Customer's initial call.
Mileage fees shall be assessed only when Customer directed
disposal /recycling sites are more than ten (10) road miles by
the shortest route from a particular Customer's location, and
then only on the additional mileage above twenty (20) miles
round -trip. The Contractor shall obtain prior permission from
the Customer to use disposal /recycling sites which would result
in additional mileage charges.
2.2.10 Temporary Container Customers
The Contractor shall provide temporary 2 4 and 6 -cubic yard Detachable
Containers and 10 20 30 and 40 -cubic yard Drop -Boxes to Single
Family Residence, Multi Family Complex and Commercial Customers on
an on -call basis. Temporary service shall include all Customers requesting
Container service of less than ninety (90) days duration, including existing
Customers on permanent service who temporary request an extra Container
for less than ninety (90) days. The charges for temporary Detachable
Container service listed in Attachment B shall include delivery, collection
and disposal. Disposal charges for temporary Drop -Box Containers shall
be billed in addition to the delivery, rental and hauling charges listed in
Attachment B. Rental charges shall be itemized and charged separately, at
the rates listed in Attachment B. The Contractor may charge a deposit to
be paid in advance of service equal to the average disposal fee for the size
of temporary Container ordered if the creditworthiness of the individual
Customer is in doubt.
2.2.11 Municipal Services
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49
The Contractor shall provide weekly Garbage, Recyclables and
Compostables collection to all City -owned municipal facilities as a part of
this Agreement and at no additional charge. Those facilities include, but are
not limited to the following:
FACILITY
Tukwila City Hall
Building 6300
Minkler Shops
George Long Shop
Parks Golf Maintenance
Foster Golf Clubhouse
Tukwila Community Center
Fire Station 51
Fire Station 52
Fire Station 53
Fire Station 54
Neighborhood Resource Center
Tukwila Pool
Ft Dent Park
ADDRESS
6200 Southcenter Blvd
6300 Southcenter Blvd
600 Minkler Blvd
14000 Interurban Ave S
13900 Interurban Ave S.
13500 Interurban Ave S.
12421 42 "d Ave S
444 Andover Park E
5900 S 147"" St
4201 S 115' St
4237 S 144"" St
Location to be determined
4414 S 144 St
Ft Dent Way
At any time during the term of this Contract, the City may add facilities in
addition to those listed above. Additional municipal facilities added during
the term of the Contract shall also be provided collection, including new
facilities developed within the City Service Area, as well as municipal
facilities in future annexation areas covered by this Contract.
The Contractor shall provide and install 21 litter containers of a similar
style and capacity to those currently used in bus shelters along Tukwila
International Boulevard no later than November 1, 2012. The style and
placement locations shall be approved by the City.
On occasion, the City will pay the Contractor in accordance with charges
listed in Attachment B for services that involve a third parry, when such
third party accumulates Garbage as part of performing services for the
City. For example, the City would pay Contractor for the disposal of roof
replacement debris removed from a City facility. Regular Garbage
generated on an ongoing basis at all City facilities will otherwise be
collected by the Contractor without charge to the City.
2.2.12 City- Sponsored Community Events
City of Tukwila
Solid Waste Collection Contract
41
50
The Contractor shall provide Garbage and Recycling services for City
sponsored special events at no charge to the City or users. Container
capacity shall be coordinated with event staff to ensure that sufficient
Container capacity and collection frequency is provided by the Contractor.
These events shall include, but not be limited to:
City Drop -off Collection Event: The contractor shall support up
to two (2) City special drop -off collection events scheduled each
year for Tukwila residents (proof of residency required). At each
event, contractor shall provide drop boxes and/ or detachable
containers for white goods, bulky items such as furniture,
mattresses /springs, recyclables and other items approved by the
City. Contractor shall provide all equipment, staffing, collection,
promotional /outreach, transportation and recycling and/or disposal
fees at no additional charge to the City.
Discounted Code Enforcement Clean -up Support: In
residential areas designated by the City, contractor shall support up
to ten (10) clean-up events. Contractor shall provide 10 -40 yard
drop box containers (or other sizes approved by the City) without
charge to the City. Contractor shall waive delivery, rental,
disposal and other fees.
Recycling Collection at Special Events: Contractor shall provide
without charge, recycling containers and collection during the
following events:
4 th of July Celebration
Tukwila Backyard Festival
Tukwila Days Festival (2 separate events)
At any time during the term of this Contract, the City may add City
Sponsored Community Events in addition to those listed above, provided
that if the City adds more than one event every year, the Contractor may
negotiate compensation for those additional events. In the event that the
total volume of materials collected by Contractor from City- Sponsored
Community Events increases by more than 20% above the baseline volume
for such events established in the first year of this Contract, then
Contractor's rates shall be adjusted to reflect the increased cost to
Contractor in providing such services.
2.2.13 Other Solid Waste Collection Services
The Contractor may occasionally provide other regularly scheduled or one-
time services related to solid waste collection in the City not specifically
delineated under this Contract. In that event, the Contractor shall notify the
City of Tukwila 42
Solid Waste Collection Contract
51
City and propose a Customer rate for the service. Upon prior approval of
the City, the Contractor may proceed to offer that service.
2.3 Management
2.3.1 Responsibility of Participants
2.3.1.1
City of Tukwila
Solid Waste Collection Contract
Contractor's Responsibilities
Consistent with the responsibilities set forth otherwise in this
Contract, the Contractor shall be responsible for:
Collecting Garbage in the City Service Area and delivering
the Garbage to the King County Disposal System, unless
otherwise directed by the City, and shall ensure that the
Contractor handles Garbage in accordance with the City's
interlocal agreements governing solid waste management.
Collecting construction/demolition waste in the City
Service Area and delivering the waste to fully permitted
recycling, disposal or transfer sites in compliance with
King County's Comprehensive Solid Waste Management
Plan.
Collecting, processing
Compostables collected
Service Area.
and marketing Recyclables and
by the Contractor in the City
Providing cart and Container assembly, maintenance,
painting, stickering/labeling and re- stickering/labeling and
delivery services listed or required in this Contract.
Performing customer service, including answering
telephone calls and e- mails, providing information on
services, establishing Customer accounts and providing
appropriate Customer support.
Billing, receiving, posting Customer payments and
deposits, and adding educational information to bills, if
requested by the City.
Procuring all equipment and bearing all start-up, operating
maintenance, and transition costs for collection and
processing or disposal of Garbage, Recyclables and
Compostables, including proper safety equipment and
insurance for vehicles and workers.
43
52
Providing and supervising all labor to accomplish the scope
of services required under this Contract, including labor to
collect materials, maintain and distribute equipment and
related customer service functions.
Operating a maintenance facility to house and service
collection equipment and acquiring all necessary land use,
building, operating, and business permits and licenses.
Submitting all informational materials for public release to
the City for review and approval prior to release.
Complying with all applicable laws.
Meeting all non discrimination and OSHA (Federal
Occupational Safety and Health Act of 1970) /WISHA
(Washington Industrial Safety and Health Act of 1973)
standards, and all environmental standards and regulations.
Providing a safe working environment and comprehensive
liability insurance coverage as set forth in Section 6.4, and
providing proof of this insurance to the City annually.
Providing a valid Contractor's performance and payment
bond in accordance with Section 6.5, and providing proof
of this bond to the City annually.
Securing the prior written approval of the City and surety
before assigning or pledging money, or assigning,
subcontracting or delegating duties.
Providing route maps to the City indicating the day of week
for each service.
Submitting collection day changes to the City for review
and approval prior to notice being provided to Customers
and the change taking place.
Submitting prompt notices to the media regarding
modifications to the collection schedule due to inclement
weather.
Maintaining Containers, vehicles and facilities in a clean,
properly labeled and sanitary condition.
Meeting all City reporting, inspection and review
requirements.
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53
Providing outreach materials and programs, and assistance
with distribution and outreach as required in this Contract.
Providing operating and safety training for all personnel,
including spill response training for all drivers.
Notifying the City of intended changes in management not
less than sixty (60) days prior to the date of change. New
management shall also attend an introductory meeting
scheduled by the City during the sixty (60) day notification
period. Exception shall be made for termination for cause
or voluntary termination, in which case the Contractor shall
notify the City within twenty -four (24) hours of the
termination.
2.3.1.2 City's Responsibilities
Consistent with the responsibilities set forth otherwise in this
Contract, the City shall be responsible for:
Overall project administration and final approval of
Contractor services and activities.
Reviewing and approving Contractor compensation
adjustments due to changes in County disposal fees or price
indices.
Directing and overseeing public education and outreach
with the cooperation and assistance of the Contractor.
Monitoring and evaluating collection operations with the
cooperation and assistance of the Contractor.
Reviewing and approving all assignment, pledging,
subcontracting or delegation of money or duties.
Reviewing and approving collection days and rate changes.
Reviewing and approving holiday schedule changes.
Reviewing and approving all written or other informational
materials used in the City by the Contractor.
Conducting performance reviews of the Contractor with the
Contractor's cooperation and assistance.
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Holding periodic operations meetings with the Contractor,
as necessary.
2.3.2 Customer Service and Billing
The Contractor shall be responsible for providing all customer service
functions, including: answering Customer telephone calls and e-mail
requests, informing Customers of current services and charges, handling
Customer subscriptions and cancellations, receiving and resolving
Customer complaints, dispatching Drop -Box Containers and special
collections, correlating service levels to current invoices, all Customer
billing, and maintaining and regularly updating a user friendly website.
These functions shall be provided at the Contractor's sole cost, with such
costs included in the Customer charges (see Attachment B).
2.3.2.1 Office Location
The Contractor shall maintain a principal office in King or
Pierce County within twenty (20) miles of the City limits. The
Contractor's office and customer service assistance shall be
accessible by a local area code and phone number, specifically
for use during this contract as the Contractor's primary
customer service line. The Contractor's office hours shall be
open at a minimum from 8 a.m. to 5 p.m. daily, except
Saturdays, Sundays and recognized holidays. Representatives
shall be available at the Contractor's local office during office
hours for communication with the public and City
representatives. Customer calls shall be taken during office
hours by a person, not by voice mail.
The Contractor shall maintain an emergency telephone number
for use by City staff outside normal office hours. The
Contractor shall have a representative, or an answering service
to contact such representative, available at said emergency
telephone number during all hours other than normal office
hours.
2.3.2.2 Customer Service Requirements
2.3.2.2.1 Customer Service Representative Staffing
During office hours and Saturday from 9am to
noon, the Contractor shall maintain sufficient
staff to answer and handle complaints and service
requests from multiple incoming telephone calls
simultaneously. If incoming telephone calls
necessitate, the Contractor shall increase staffing
City of Tukwila 46
Solid Waste Collection Contract
55
levels as necessary to meet Customer service
demands. The Contractor shall also maintain
sufficient staff to answer and handle complaints
and service requests made by letter or e-mail. If
staffing is deemed to be insufficient by the City
based on agreed -upon performance measures in
Section 2.2.3.2.3, the Contractor shall increase
staffing levels to meet contract performance
criteria
The Contractor shall provide additional staffing
during the transition and implementation period,
and especially from six (6) weeks prior to the
commencement of new services, through the end
of the fourth month after the commencement of
new services, to ensure that sufficient staffing is
available to minimize Customer waits and
inconvenience. The Contractor shall receive no
additional compensation for increased staffing
levels during the transition and implementation
period. Staffing levels during the mobilization,
transition and implementation period shall be
subject to prior City review and approval.
2.3.2.2.2 Service Recipient Complaints and Requests
The Contractor shall record all complaints and
service requests, regardless of how received,
including date, time, Customer's name and
address (if the Customer is willing to give this
information), method of transmittal, and nature,
date and manner of resolution of the complaint or
service request in a computerized daily log. Any
telephone calls received via the Contractor's non-
office hours answering service shall be recorded
in the log the following business day. The
Contractor shall make a conscientious effort to
resolve all complaints within twenty -four (24)
hours of the original call or e-mail, and service
requests within the times established throughout
this Contract for various service requests. If a
longer response time is necessary for complaints
or requests, the reason for the delay shall be noted
in the log, along with a description of the
Contractor's efforts to resolve the complaint or
request.
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The customer service log shall be available for
inspection by the City, or its designated
representatives, during the Contractor's office
hours, and shall be in a format approved by the
City. The Contractor shall provide a copy of this
log in an electronic format to the City with the
monthly report.
The Contractor shall provide sufficient field
service /sales staff and route manager personnel to
accurately set -up accounts and visit Customers at
their service location as needed for example
during roll -out of service changes that impact
multiple accounts, or during establishment of new
Recycling or Compostables collection service
changes. The Contractor's field service /sales
staff shall be able to describe to Customers any
related service procedures and Container or
equipment needs, and be able to calculate any
related rate impacts that would arise from
implementing service change options. The
Contractor's field service /sales staff shall also be
responsible for completion of outreach and
tracking specified in Section 2.3.5, including
related required annual reporting.
2.3.2.2.3 Handling of Customer Calls
All incoming telephone calls shall be answered
promptly and courteously, with an average speed
of answer of less than twenty (20) seconds. For
all calls placed in the queue, no greater than five
percent overall shall abandon on a monthly basis.
A summary of these discrete performance
measures will be provided as part of required
monthly reporting. A Customer shall be able to
talk directly with a customer service
representative when calling the Contractor's
Customer service telephone number during office
hours. An automated voice mail service or phone
answering system may be used when the office is
closed.
2.3.2.2.4 Corrective Measures
Upon the receipt of Customer complaints in
regards to busy signals or excessive delays in
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answering the telephone, the City may request
and the Contractor shall submit a plan to the City
for correcting the problem. Once the City has
approved the plan, the Contractor shall have
thirty (30) days to implement the corrective
measures, except during the transition and
implementation period, during which time the
Contractor shall have one (1) week to implement
corrective measures. Corrective measures shall
be implemented without additional compensation
to the Contractor. Failure to provide corrective
measures shall be subject to performance fees.
2.3.2.2.5 Internet Website
The Contractor shall provide a Customer friendly
Internet website accessible twenty -four (24) hours
a day, seven (7) days a week, containing
information specific to the City's collection
programs, including at a minimum, contact
information, collection schedules, material
preparation requirements, available services and
options, rates, inclement weather service changes
and other relevant service information for its
Customers. The website shall include an email
function for Customer communication with the
Contractor, and the ability for Customers to
submit service requests on -line. E- mailed
Customer service requests shall be answered the
next business day after receipt. The website shall
offer Customers the option to pay their service
bills on -line through a secured bill payment
system. Website content and design shall be
submitted for City approval a minimum of three
(3) days prior to planned roll -out of website
changes, and website content and design shall
continue to be subject to the City's approval
throughout the term of this Contract. The
Contractor shall update the website monthly, and
more often if necessary, and provide links to the
City's website. The website shall include contact
information translated into Spanish. The
Contractor's website shall minimize "pop -up"
windows, and not include adware, spyware or
third party tracking "cookies."
2.3.2.2.6 Full Knowledge of Programs Required
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The Contractor's customer service representatives
shall be able to accurately describe all collection
services available to City Customers, including
the various services available to Single Family
Residence, Multi- Family Complex and
Commercial Customers. For new Customers,
customer service representatives shall explain all
Garbage, Recyclables, Compostables and Food
Scrap collection options available depending on
the sector the Customer is calling from. For
existing Customers, the representatives shall
explain new services and options, and resolve
recycling issues, collection concerns, missed
pickups, Container deliveries, and other Customer
concerns. Customer service representatives shall
be trained to inform Customers of all
Recyclables, Compostables and Food Scrap
preparation specifications. Policy questions
resolvable by the City shall be immediately
forwarded to the City for response. The
Contractor's customer service representatives
shall have real -time electronic access to customer
service data and history to provide efficient and
high quality customer services.
2.3.3 Contractor's Customer Billing Responsibilities
The Contractor shall be responsible for all billing functions related to the
collection services provided under this Contract. All Single Family
Residence Customers shall be billed at least quarterly, and Multi Family
Complex and Commercial Customers shall be billed monthly. Customers
may be billed prior to receiving service, but the due date (or past due date)
shall be no sooner than the last day of service provided under that billing
cycle. The bill's due date shall be no sooner than fifteen (15) business days
after the date the bill is mailed. The Contractor may make account
adjustments for over- or under- charges, provided that under- charges may
only be charged for services provided within ninety (90) days of the bill
date.
Billing and accounting costs associated with Customer invoicing shall be
borne by the Contractor, and are included in the service fees in Attachment
B. The Contractor may bill to Customers late payments and NSF
"bounced check charges, as well as the actual third party costs of bad
debt collection. Late fees shall not exceed one percent (I%) per month and
NSF charges shall not exceed twenty dollars ($20.00) per NSF check or
actual bank charges, whichever is greater.
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All Single Family Residence Recyclables collection costs and revenues
shall be included in the Garbage collection rate and shall not be charged or
itemized separately. Subscription Compostables services shall be itemized
separately. All Multi Family Complex Recyclables collection costs and
revenues shall be included in the Garbage collection rate and shall not be
charged or itemized separately, except as directed at the City's sole
discretion. Commercial Customer and Multi Family Complex
Compostables services shall be itemized and charged separately. No
surcharges (such as environmental or fuel surcharges) shall be added to
invoices for Garbage, Recyclables or Compostables collection, including
Commercial Recycling collection, unless specifically authorized in writing
by the City.
The Contractor shall be responsible for the following:
Generating combined Garbage, Recyclables and Compostables
collection bills. Bills must include a statement indicating the
Customer's current service level, current charges and payments, and
appropriate taxes and fees as well as the Contractor's customer service
contact information. Space shall be made available on bills for
including City contact information at the City's request.
Accepting, processing and posting payment data each business day.
Maintaining a system to monitor and report Customer subscription
levels, record Extra Unit Garbage and Compostables collected, place an
additional charge on the Customer's bill for the excess collection, and
charge for additional services requested and delivered. This system
shall maintain a Customer's historical account data for a period of not
less than two years.
Accepting and responding to Customer requests for service level
changes, missed or inadequate collection services, and additional
services.
Collecting unpaid charges from Customers for collection services.
Implementing rate changes as specified in Section 3.1 and 3.3.
Including lines /space for customer service messages on Customer bills.
Including Contractor phone numbers for customer service on Customer
bills.
Providing a discount to Single Family Customers that choose to use a
paperless invoicing and bill paying process. The Customer discount
shall be $6.00 per year for Single Family Customers and $10.00 per
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year for Multi family /Commercial Customers and shall be applied once
each year after the Customer has maintained paperless billing for the
previous twelve months. The Contractor shall electronically notify the
Customer of their invoice and then accept payment either through a
pre- authorized autopay arrangement or a single -event credit card or
debit payment feature on the Contractor's website. The Contractor
shall not charge additional fees for credit or debit transactions.
Customers may choose to use the autopay function, but retain paper
billing, in which case no discount shall be provided.
Manage published information so that all Customers in any grouping
targeted for receipt of printed educational or outreach materials shall be
included in Contractor's mass mailings of such materials regardless of
Customer's billing method status (such as web -based invoicing) or
Customer's mail receipt method (such as use of a Post Office Box
rather than standard curbside mail service).
The Contractor shall be required to have procedures in place to backup and
minimize the potential for the loss or damage of the account servicing
(customer service, service levels and billing history) database. The
Contractor shall ensure that a daily backup of the account servicing
database is made and securely stored off -site. The Contractor shall also
provide the City with a copy of the customer service database via e-mail or
other electronic medium on a quarterly basis. The City shall have
unlimited rights to use the customer service database to develop targeted
educational and outreach programs, analyze service level shifts or rate
impacts, and/or to provide information to successor contractors.
Upon five (5) business days written notice, the Contractor shall provide the
City with a paper and/or electronic copy at the City's discretion of the
requested Customer information and history, including but not limited to
Customer names, service and mailing addresses, contact information,
service levels and current account status. City requests for information
pertaining to five or fewer accounts shall be provided within one business
day.
As set forth in detail below, the Contractor shall provide monthly and
annual reports to the City. In addition, the Contractor shall allow the City
access to pertinent operations information related to compliance with the
obligations of this Contract, such as vehicle maintenance logs, disposal,
Compostables and recycling facility certified weight slips, and Customer
charges and payments.
2.3.4 Reporting
The Contractor shall provide monthly and annual reports to the City at no
cost. In addition, the Contractor shall allow City staff access to pertinent
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operations information such as disposal facility certified weight slips and
vehicle maintenance logs.
2.3.4.1 Weekly Reports
On a weekly basis, by the end of the day each Monday, the Contractor shall
provide the City with a list of Customer initiated service stops logged the
previous week. The Contractor shall provide the Customer name, address,
service level, phone number and the date of the service stop. The City
shall use this information to enforce its mandatory collection requirements.
2.3.4.2 Monthly Reports
On a monthly basis, by the 15th of each month, the Contractor
shall provide a report containing information for the previous
month. Reports shall be submitted in electronic format
approved by the City and shall be certified to be accurate by
the Contractor. At a minimum, reports shall include:
(1) A log of complaints and resolutions for all collection
services and sectors. At a minimum, the complaint log
shall include Customer name and/or business name,
Customer's service address, contact telephone number,
date of complaint, a description of the complaint, a
description of how the complaint was resolved, the date
of recovery /resolution and any additional driver's notes
or comments.
(2) A tabulation of the number of single family,
commercial and multi family accounts by service
level /Container size and service frequency.
(3) A compilation of program participation statistics
including: a summary of multi family and commercial
participation in recycling programs, set -out statistics for
Residential Garbage, Compostables and Recyclables
collection services, and log of bulky items.
(4) A compilation of total monthly and year -to -date
summaries of Garbage, Recyclables and Compostables
quantities by collection sector.
(5) A summary of Recyclables quantities by collection
sector and by commodity, including processing residues
disposed and market prices.
(6) A summary of disposal or tipping facility locations and
associated quantities for Garbage, Recyclables and
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Compostables as well as any changes in processing
procedures, locations or tipping fees.
(7) A description of any vehicle accidents infractions, or
insurance claims against Contractor.
(8) A description of any changes to collection routes,
Containers, vehicles (including the identification of
back -up vehicles not meeting contract standards with
the truck number and date of use), customer service or
other related activities affecting the provision of
services; and
(9) Call Center performance as outlined in Section 2.3.2.2.
If collection vehicles are used to service more than one
Customer sector or jurisdiction, the Contractor shall develop an
apportioning methodology that allows the accurate calculation
and reporting of collection quantities. The apportioning
methodology shall be subject to prior review and approval by
the City and shall be periodically verified through field testing
by the Contractor.
2.3.4.3 Annual Reports
On an annual basis, by the last working day of January, the
Contractor shall provide an electronic report containing the
following information:
(1) A consolidated summary and tabulation of the monthly
reports, described above.
(2) A discussion of highlights and other noteworthy
experiences, along with measures taken to resolve
problems, increase efficiency, and increase participation
in Compostables and Recyclables collection programs.
(3) A discussion of promotion and education efforts and
accomplishments.
(4) An inventory of current collection, delivery, spare and
other major equipment, including make, model, year, and
accumulated miles.
(5) A list of multi family and commercial recycling sites
pursuant to Section 2.3.5.
2.3.4.4 Ad Hoc Reports
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The City may request from the Contractor up to six (6) ad -hoc
reports each year, at no additional cost to the City. These
reports may include customer service database tabulations to
identify specific service level or participation patterns or other
similar information. Reports shall be provided in the City
defined format and software compatibility. These reports shall
not require the Contractor to expend more than one hundred
(100) staff hours per year to complete.
If requested by the City, the Contractor shall provide daily
route information for all service sectors and collection streams
for the purpose of evaluating potential collection system
changes during the term of the Contract. Information received
by the City and in the Contractor's possession shall be subject
to existing laws and regulations regarding disclosure, including
the Public Records Act, Chapter 42.56 RCW and shall be
subject to the provisions of Section 6.8 below.
2.3.5 Promotion and Education
The Contractor shall have primary responsibility for providing service
oriented information and outreach to Customers and implementing on-
going recycling promotion, at the direction of the City. The Contractor
shall also incorporate general waste reduction, minimization and reuse
elements in to its promotion and education program.
The Contractor shall maintain a complete list of all Multi Family Complex
sites within the City Service Area, and the status of each site's participation
in Contractor provided services. The Contractor shall annually contact, by
telephone or site visit, the manager or owner of each site to encourage
participation and inform the manager or owner of all available services and
ways to decrease Garbage generation. Printed informational materials
discussing waste prevention and recycling service options shall be prepared
and distributed to support contact with Multi- Family Complex and
Commercial Customer sites. This contact shall be coordinated with City
and King County promotional efforts. The Contractor shall include with its
annual report the list of Multi Family Complex and Commercial Customer
sites; Garbage, recycling and Compostables status; Container sizes, service
frequency, and types; Customer contact dates and outcome of such
contacts; and suggestions for increasing participation or other program
improvements.
The Contractor shall keep the public informed of programs and encourage
participation through an annual service update. Each fall, the Contractor
shall provide an annual service update for each service sector, the format,
content and timeframe of which shall be subject to prior review and
approval by the City. The annual service update shall be mailed to all
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Customers and, at a minimum, shall include an informational brochure
indicating rates, all services available, preparation and other service
requirements, contact information, inclement weather and other policies, a
collection schedule calendar applicable to each recipient's routes and other
useful Customer information.
The Contractor shall develop, print, periodically update and maintain
sufficient quantities of new Customer information materials, the format and
content of which shall be subject to prior review and approval by the City.
Upon approval, materials shall be mailed to every new Customer prior to
the Customer's first billing and shall, at a minimum, include a statement of
applicable rules and service policies, rates, services and preparation
requirements, collection days in calendar format, Contractor customer
service information and City contact information. Contractor's materials
shall be TTY accessible and Contractor shall provide alternative language
formats upon request.
The Contractor's welcome packet and annual service update may be e-
mailed to Customers instead of paper materials, upon Customers' request.
The Contractor shall permit the City to insert, at no charge, single -sheet
information bulletins into Customer bills. When the insert is beyond one
page and increases Contractor cost, the City shall pay the incremental
difference. The City and Contractor shall work cooperatively for timely
inclusion of such materials.
2.3.6 Field Monitoring
The City may periodically monitor collection system parameters such as
participation, Container condition, Container weights, waste composition
and Customer satisfaction. The Contractor shall assist the City by
coordinating the Contractor's operations with the City's field monitoring to
minimize inconvenience to Customers, the City and the Contractor.
2.3.7 Transition to Next Contractor
The Contractor shall be expected to work with the City and any successive
contractor(s) in good faith to ensure a minimum of Customer disruption
during the transition period. Container removal and replacement shall be
coordinated between the Contractor and a successive contractor to occur
simultaneously in order to minimize Customer inconvenience.
The Contractor shall provide a detailed updated Customer list, including
Customer name, service address, mailing address, and collection and
Container rental service levels to the successive contractor within seven (7)
days request of the City.
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The parties recognize that a failure to comply with this provision will
damage the City, but that determination of such damage will be difficult
and burdensome; therefore, the parties agree that in the event of a breach of
this provision the Contractor, or the Contractor's surety, shall pay the City
one hundred thousand dollars ($100,000.00) for the material breach of this
contract provision. Payment shall be made within twenty (20) business
days of the end of this contract.
3. COMPENSATION
3.1 Compensation to the Contractor
3.1.1 Rates
The Contractor shall be responsible for billing and collecting funds from
Single Family Residence, Multi Family Complex and Commercial
Customers in accordance with the charges for services listed in Attachment
B. The Contractor may reduce or waive at its option, but shall not exceed,
the charges listed in Attachment B. The Contractor shall charge Drop -box
Customers the actual disposal cost plus twelve (12) percent to reflect the
ten percent related to the Contractor's costs and margin related to handling
the pass through disposal component of that service and the additional two
percent City administrative fee. These payments shall comprise the entire
compensation due to the Contractor. In no event shall the City be
responsible for money that the Contractor, for whatever reason, is unable to
collect.
Senior low income and /or disabled resident discounts of fifty percent
(50 shall be offered to Single family Residential Customers meeting the
City's eligibility criteria. The City shall provide the Contractor with a list
of eligible accounts and shall update the list as revisions are made.
3.1.2 Itemization on Invoices
City, King County and Washington State solid waste, utility and/or sales
taxes shall be itemized separately on Customer invoices and added to the
charges listed in Attachment B. The Contractor shall not charge separately
for the collection of Source Separated Recyclables other than Commercial
Recyclables above the limit of the included embedded Commercial
Recyclables program as defined in Section 2.2.7.3. The City administrative
fee shall not be itemized separately on Customer invoices.
3.1.3 Discontinuing Service for Nonpayment
The Contractor may use any legal means, including appropriate lien rights,
to enforce Customer payment obligations and may discontinue service to
non paying Customers provided that such Customers are provided with ten
(10) days prior written notice that service will be discontinued for non-
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payment. The Contractor may charge a one -time twenty dollar ($20.00)
cart redelivery fee to Customers who want to restart service who have
previously had their service terminated for nonpayment and had carts
removed. The cart redelivery fee shall be applied as a flat charge,
regardless of the number of carts delivered (e.g. Garbage, Recyclables and
Compostables).
3.1.4 Mandatory Collection Enforcement
The Contractor shall assist the City with enforcing mandatory collection
for all Customers. Contractor materials, website and customer service
representatives shall provide a consistent message informing City residents
of this requirement. In the event a resident refuses to subscribe for
collection, the Contractor shall provide that customer the minimum service
level for that Customer class, and shall continue to provide service (even if
not used) and bill the customer.
The Contractor shall provide the City with a list of Customers who are
sixty or more days past due. The City shall then send that Customer a
letter informing them of City Code requirements. If the Customer
continues to be non responsive, the Contractor shall send them their
standard notification letter, including notification that an account will be
turned over to a third party for collection and that the Customer shall be
responsible for the past due amount as well as a twenty -five dollar ($25.00)
collection fee. The Contractor may then make arrangements for third party
collection and/or lien the property for the debt. Once an account is turned
over to third party collection, the Contractor may reduce the service level
to the minimum service level for that Customer class. The Contractor shall
be allowed to charge a cart redelivery fee should the customer request to
reinstate their higher level of service after paying all overdue balances. The
cart redelivery fee in Attachment B covers the redelivery of all three carts
for Single family Customers.
3.2 Compensation to the City
The Contractor shall also pay to the City a two percent (2 City fee, applied/equal to
.98 of gross receipts received from Customers, excluding itemized City, County and
state taxes, during the prior month on or before the fifth working day of each month
during the term of this Contract, starting on December 1, 2012. The Contractor shall
remit the city fee received on all payments received under this Contract, including
Customer payments received after the termination date of this Contract.
The rates included in Attachment B, as modified during the term of this Contract,
include the city fee and Customers shall not be separately charged an itemized city
fee.
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The Contractor shall fully participate with any City billing audit to confirm the
Contractor's actual receipts during any accounting period during the term of the
Contract. The audit shall be confined to confirming customer billing rates, Contractor
receipts for services provided under this Contract, and bad debt recovery.
The administrative fee may be changed by the City in any year, provided that the
change is synchronized with the annual Contractor rate modification described in
Section 3.3. The City shall notify the Contactor of the new administrative fee for the
following year by September 1 and the Contractor shall itemize and include the
appropriate adjustment in its Rate Adjustment Statement provided October 1 St of each
year. In the event that the administrative fee is adjusted, either up or down, the
Contractor shall add or subtract an amount equivalent to the state excise tax (1.8% in
2010), as may be adjusted from time to time by the State of Washington.
In addition, the Contractor shall be responsible for payment of all applicable permits,
licenses, fees and taxes as described in Section 6.13, Permits and Licenses.
3.3 Compensation Adjustments
3.3.1 Annual Rate Adjustment
The Contractor's collection service charges, excluding waste disposal fees,
for each level of service shall increase or decrease once every year by
eighty percent (80 of the change in the Consumer Price Index
CWURA423SA0 for the Seattle- Tacoma Bremerton Metropolitan Area
for Urban Wage Earners and Clerical Workers, all items (Revised Series)
(CPI -W 1982 -1984) prepared by the United States Department of Labor,
Bureau of Labor Statistics, or a replacement index (the "CPI Index
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, beginning January 1, 2014 (the
"Adjustment Date The Contractor shall submit to the City for review
and approval a Rate Adjustment Statement, calculating the new rates for
the next year, by calculating the percentage change in the CPI Index for the
most recent twelve (12) month period ending on June 30th. The
Contractor's calculations shall be provided to the City no later than
October 1st prior to the Adjustment Date and the City shall have thirty (3 0)
days to confirm the Contractor's rate modification calculations. On City
approval, which shall not be unreasonably withheld or delayed, the new
rates shall take effect on January 1 st of the next year, and Customers shall
be notified in November, at least forty -five (45) days prior to the date
adjusted rates become effective. Should ratepayers not receive timely
notification due to missed deadlines, rate calculation errors by the
Contractor, or rate disapproval by the City, implementation of the new
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rates shall be delayed by one month without opportunity for recovery of
lost revenue.
3.3.2 Disposal Fee Adjustments
Disposal Fee adjustments shall be made to Contractor collection rates to
reflect increases or decreases in King County disposal fees for solid waste.
In the event of a change in disposal fees, the disposal fee component of
rates charged to Customers shall be adjusted, based on Container content
weights specified in Attachment B of this Contract.
Specific examples of rate modifications due to Consumer Price Index and
disposal fee changes are provided in Attachment C.
3.3.3 Changes in Disposal/Processing Sites and Tipping Fees
The Contractor assumes all risk for the processing and marketing of
Recyclables and Compostables. If the Contractor is required by the City to
use processing sites or markets other than those being used at the initiation
of this Contract, the Contractor may submit a detailed proposal for a rate
adjustment to reflect any additional costs or savings to the Contractor. The
City and Contractor agree to negotiate in good faith any changes to the
rates to offset these costs or savings.
3.3.4 Other Modifications
The Contractor shall not adjust or modify rates due to employee wage
increases, the value of Recyclables, Garbage collection service level shifts,
or other changes affecting the collection system. At the time of the City's
decision to extend this Contract through invoking contract extension
options, the Contractor can present a request for relief for any adverse
market changes that have occurred during the previous period of the
Contract. The City is under no obligation to give consideration for those
adverse changes as a condition for invoking the contract extension option.
If new City, King County, Washington State or Federal taxes are imposed
or the rates of existing taxes are changed after the execution date of this
Contract, and the impact of these changes results in increased or decreased
Contractor costs in excess of five thousand dollars ($5,000) annually, the
Contractor and City shall enter into good faith negotiations to determine
whether compensation adjustments are appropriate and if so, to determine
the amount and the method of adjustment. Any adjustment in Contractor
charges will coincide with the annual rate adjustment process described in
this Section 3.3.
3.4 Change in Law
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Changes in federal, state or local laws or regulations or a continuing Force Majeure
event that results in a detrimental change in circumstances or a material hardship for
the Contractor in performing this Contract may be the subject of a request by the
Contractor for a rate adjustment, subject to review and approval by the City, at the
City's reasonable discretion. If the City requires review of the Contractor's financial
or other proprietary information in conducting its rate review, at the request of the
Contractor, the City shall retain a third -party to review such information at the
Contractor's expense, and may take any other steps it deems appropriate to protect the
confidential nature of the Contractor's documents and preserve the Contractor's
ongoing ability to remain competitive.
4. FAILURE TO PERFORM, REMEDIES, TERMINATION
The City expects high levels of Customer service and collection service provision.
Performance failures shall be discouraged, to the extent possible, through automatic
performance fees for certain infractions and through Contract default for more serious lapses
in service provision. Section 4.1 details infractions subject to automatic or performance fees,
and Section 4.2 details default provisions and procedures.
4.1 Performance Fees
The Contractor may be subject to performance fees for the following acts or
omissions if documented in an incident report presented by the City to the Contractor.
The City reserves the right to make periodic, unscheduled inspection visits or use
other means to determine the Contractor's compliance with the Contract. Deductions
for misses will not be applied for collections prevented by weather or holiday
rescheduling or collections missed due to labor disruptions during the first week of
the disruption. Performance fees are as follows:
ACTION OR OMISSION AMOUNT
Collection before or after the times specified Two Hundred Fifty Dollars ($250) per
in Section 2.1.4, except as expressly truck route (each truck on each route is a
permitted by the City. separate incident).
Repetition of complaints on a route after
notification, including, but not limited to,
failure to replace Containers in designated
locations, spilling, not closing gates, not
replacing lids, use of profanity, creation of
excessive noise, collection of Commercial
Containers in Residential areas outside hours
specified herein for Residential areas,
crossing or driving over planted areas,
observed reckless driving, or similar
violations.
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Twenty -Five dollars ($25) per incident,
not to exceed thirty (30) complaints per
truck per day.
70
ACTION OR OMISSION
Failure to collect spilled materials
AMOUNI
Twice the cost of cleanup to the City or
King County, plus Five Hundred Dollars
($500) per incident.
Failure to maintain placards on service Two Hundred Fifty Dollars ($250) per
vehicles as required by Section 2.1.14 vehicle, per day.
Curable Leakage from Contractor vehicles or Two Hundred Fifty Dollars ($250) per
vehicle contents, observed by the City, its vehicle, per day, plus clean-up costs.
agents or photographed by Customers.
Failure to collect missed materials within one
(1) business day after notification.
One Hundred Dollars ($100) per incident
to a maximum of Five Hundred Dollars
($500) per truck per day on Single Family
Residence routes and no maximum for
Multi Family Complex and Commercial
Customer routes.
Missed collection of entire block segment of One Hundred Fifty Dollars ($150) per
Single Family Residences (excluding block segment if collection is performed
collections prevented by inclement weather). the following day; Five Hundred Dollars
($500) if not collected by the following
day.
Collection as Garbage or disposal as Garbage One Hundred Dollars ($100) per incident,
of Source- Separated Recyclables or up to a maximum of One Thousand
Compostables in clearly identified Dollars ($1,000) per truck, per day.
Containers, bags or boxes.
Collection of Garbage containing visible Twenty -Five Dollars ($25) per incident.
quantities of Yard Debris.
Rejection of Garbage, Recyclables or Yard Twenty -Five Dollars ($25) per incident.
Debris without providing documentation to
the Customer of the reason for rejection.
Failure to deliver Detachable Containers to Fifty Dollars ($50) per Container per day.
new Commercial Customers within three (3)
business days.
Failure to deliver carts, Detachable Fifty Dollars ($50) per Container per day.
Containers, or Drop -Box Containers within
three (3) business days of request to Multi-
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ACTION OR OMISSION A�VIIIUI'�1T
Family Complex or Commercial Customers.
Failure to deliver Garbage, Recycling or Fifteen Dollars ($15) per Container per
Compostables Carts within seven (7) days of day.
request to Single Family Residence
Customers.
Delivery or use of incorrectly labeled or Twenty -five Dollars ($25) per Container
colored Container per day.
Substantial misrepresentation by Contractor Five Thousand Dollars ($5,000) per
in records or reporting. incident.
Failure to provide required reports on time. Two Hundred Fifty Dollars ($250) per
incident.
Failure to maintain clean, graffiti -free and Fifty Dollars ($50) per incident, up to
sanitary inventory of Containers distributed to maximum of One Thousand Dollars
Customers, vehicles, and facilities. ($1,000) per inspection.
Landfilling or incineration of Recyclables or One Thousand Dollars ($1,000) per
Compostables in violation of Section 2. 1.11 vehicle, per incident.
without the express written permission of the
City.
Failure to meet recycling processing One Thousand Dollars ($1,000) per
performance requirements of Section 2.1.11. month, for any occurrence during that
month.
Failure to meet customer service ring and on- Two Hundred Fifty Dollars ($250) per
hold time performance customer service week.
requirements more than twelve weeks out of a
rolling twelve month period.
Failure to include instructional /promotional Fifty Dollars ($50) per incident.
materials when Garbage, Recycling and/or
Compostables Carts are delivered.
The parties acknowledge the difficulty in anticipating actual damages to remedy the
damage. The parties further agree that the performance fees listed in this Section
represent a reasonable estimate of the loss likely to result from the remedy for the
damage.
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Nothing in this Section shall be construed as providing an exclusive list of the acts or
omissions of the Contractor that shall be considered violations or breaches of the
Contract and, except for those listed breaches set forth above, the City reserves the
right to exercise any and all remedies it may have with respect to these and other
violations and breaches. The performance fees schedule set forth here shall not affect
the City's ability to terminate this Contract as described in Section 4.2.
Performance fees, if assessed during a given month, shall be invoiced by the City to
the Contractor. Performance fees may be levied only if documented in an incident
report presented by the City to the Contractor. Performance fees shall only be
assessed after the Contractor has been given the opportunity, but has failed to rectify
the deficiencies of which it has been notified. The Contractor shall pay the City the
invoiced amount within thirty (30) days of billing. Failure to pay performance fees
shall be considered a breach of this Contract.
Any performance fees imposed under this Section may be appealed by the Contractor
to the City. The Contractor shall be allowed to present evidence as to why the
amount of performance fees should be lessened or eliminated. The decision of the
City shall be final.
4.2 Contract Default
The Contractor shall be in default of this Contract if it violates any provision of this
Contract. In addition, the City reserves the right to declare the Contractor to be in
default in the event of any violation, which shall include, but not be limited to, the
following:
(1) The Contractor fails to commence the collection of Garbage, Recyclables or
Compostables, or fails to provide any portion of service under the Contract on
November 1, 2012 or for a period of more than five (5) consecutive days at any
time during the term of this Contract.
(2) The Contractor fails to obtain and maintain any permit required by the City,
King County, or any federal, state or other regulatory body in order to collect
materials under this Contract.
(3) The Contractor's noncompliance creates a hazard to public health or safety.
(4) The Contractor repeatedly or persistently acts or fails to act in a manner that is
subject to performance fees in excess of ten thousand dollars ($10,000.00)
during any consecutive twelve (12) month period.
(5) The Contractor fails to maintain, in good standing, surety and insurance
required by this Contract.
The City reserves the right to pursue any remedy available at law for any default by
the Contractor. In the event of default, the City shall give the Contractor ten (10)
days prior written notice of its intent to exercise its rights, stating the reasons for such
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action. However, if an emergency shall arise that does not allow ten (10) days prior
written notice, the City shall immediately notify the Contractor of its intent to
exercise its rights immediately. If the Contractor cures the stated reason within the
stated period, or initiates efforts satisfactory to the City to remedy the stated reason
and the efforts continue in good faith, the City may opt to not exercise its rights for
the particular incident. If the Contractor fails to cure the stated reason within the
stated period, or does not undertake efforts satisfactory to the City to remedy the
stated reason, then the City may at its option terminate this Contract.
If the Contractor abandons or violates any portion of this Contract, fails to fully and
promptly comply with all its obligations, or fails to give any reason satisfactory to the
City for noncompliance, and fails to correct the same, the City, after the initial ten
(10) days' notice, may declare the Contractor to be in default of this Contract and
notify the Contractor of the termination of this Contract. A copy of said notice shall
be sent to the Contractor and surety on its performance bond.
Upon receipt of such notice, the Contractor agrees that it shall promptly discontinue
the services provided under this Contract. The surety may, at its option, within ten
(10) days from such written notice, assume the services provided under this Contract
that the City has ordered discontinued and proceed to perform same, at its sole cost
and expense, in compliance with the terms and conditions of the Contract, and all
documents incorporated herein. Pending consideration by the surety of said option to
assume the services provided under this Contract, the City may employ such work
force and equipment as it may deem advisable to continue the services provided
under this Contract. The cost of all labor, equipment and materials necessary for such
services provided under this Contract shall be paid by the Contractor in full.
In the event that the surety fails to exercise its option within the ten (10) day period,
the City may complete the services provided under this Contract or any part thereof,
either through its own work force or by contract, and to procure other vehicles,
equipment and facilities necessary for the completion of the same, and to charge the
same to the Contractor and/or surety, together with all reasonable costs incidental
thereto.
The City shall be entitled to recover from the Contractor and its surety as damages all
expenses incurred, including reasonable attorney's fees, together with all such
additional sums as may be necessary to complete the services provided under this
Contract, together with any further damages sustained or to be sustained by the City.
If City employees provide Garbage, Compostables and/or Recyclables collection, the
actual incremental costs of City labor, overhead and administration shall serve as the
basis for a charge to the Contractor.
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5. NOTICES
All notices required or contemplated by this Contract shall be personally served or mailed
(postage prepaid and return receipt requested), addressed to the parties as follows:
To City: Director of Public Works
City of Tukwila
6300 Southcenter Blvd, Suite 100
Tukwila, WA 98188 -2544
To Contractor: Public Sector Services Director
Waste Management of Washington Inc.
720 4th Avenue Suite 400
Kirkland, WA 98033
6. GENERAL TERMS
6.1 Collection Right
The Contractor shall be the exclusive provider with which the City shall contract to
collect Garbage, Compostables and Recyclables and construction/demolition
materials placed in Contractor -owned Containers and set out in the regular collection
locations within the City Service Area. When asked by the Contractor, the City shall
make a good faith effort to protect this right of the Contractor; however, the City shall
not be obligated to join or instigate litigation to protect the right of the Contractor.
The Contractor may independently enforce its rights under this Contract against third
party violators, including but not limited to seeking injunctive relief, and the City
shall use good faith efforts to cooperate in such enforcement actions brought by
Contractor (without obligating the City to join any such litigation). Such efforts may
include but not be limited to cease and desist letters, assistance with documenting
violations and other activities as City staff time allows.
This contract provision will not apply to: Garbage, Recyclables or Compostables
self hauled by the generator; Source- Separated Recyclables hauled by common or
private carriers (including drop -off recycling sites) from Commercial premises that
contain at least ninety percent 90 recyclable materials; construction/demolition
waste hauled by self haulers or construction contractors in the normal course of their
business; Garbage, Recyclables or Compostables handled by retailers or maintenance
services who provide ancillary services unrelated to Curb collection services (e.g.
carpet installers, furniture delivery /pick -up, site clean-up services which include
loading/sweeping, etc.); Compostables generated and hauled by private landscaping
services; or Compostables hauled by common or private carriers from Commercial
premises that contain at least ninety percent (90 Compostable materials.
The Contractor shall retain responsibility for Garbage, Recyclables,
construction/demolition materials and Compostables once these materials are placed
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in Contractor -owned Containers and the Contractor shall have no responsibility for
these materials prior to the time they are placed in Contractor -owned Containers. The
Contractor shall retain revenues it gains from the sale of Recyclables,
construction/demolition materials or Compostables. Likewise, a tipping or
acceptance fee charged for Recyclables, construction/demolition materials or
Compostables shall be the financial responsibility of the Contractor.
The City shall work with the Contractor, other haulers and processors, and other
regional governments to develop a reasonable definition of what constitutes
legitimate construction/ demolition recycling for the purposes of interpreting
collection authorities. Once a reasonable recycling threshold or "test" is developed
with King County, the City and Contractor shall negotiate and amend this Agreement
accordingly.
6.2 Access to Records
The Contractor shall maintain in its local office full and complete operations,
Customer, financial and service records that at any reasonable time shall be open for
inspection and copying for any reasonable purpose by the City. In addition, the
Contractor shall, during the Contract term, and at least five (5) years thereafter,
maintain in an office in Washington State reporting records and billing records
pertaining to the Contract that are prepared in accordance with Generally Accepted
Accounting Principles, reflecting the Contractor's services provided under this
Contract. Those Contractor's accounts shall include but shall not be limited to all
records, invoices and payments under the Contract, as adjusted for additional and
deleted services provided under this Contract. The City shall be allowed access to
these records for audit and review purposes.
The Contractor shall make available copies of certified weight slips for Garbage,
Recyclables and Compostables on request within two (2) business days of the request.
The weight slips may be requested for any period during the term of this Contract.
The Contractor shall allow the City to interview any person and to review any
evidence in the Contractor's possession or control that may assist the City in
determining whether and by what amount: (1) the Contractor is entitled to
reimbursement or increased rates under the contract; (2) the City is entitled to a
reduction in rates under the contract; or (3) the Contractor is in compliance with the
contract.
6.3 Contractor to Make Examinations
The Contractor has made its own examination, investigation and research regarding
proper methods of providing the services required under this Contract, and all
conditions affecting the services to be provided under this Contract, and the labor,
equipment and materials needed thereon, and the quantity of the work to be
performed as set forth by the Contract. The Contractor agrees that it has satisfied
itself based on its own investigation and research regarding all of such conditions,
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that its conclusion to enter into this Contract is based upon such investigation and
research, and that it shall make no claim against the City because of any of the
estimates, statements or interpretations made by any officer or agent of the City that
may be erroneous.
With the exception of Force Majeure events or as otherwise provided in this Contract,
the Contractor assumes the risk of all conditions foreseen and unforeseen, and agrees
to continue to provide services under this Contract without additional compensation
under whatever circumstances may develop other than as provided herein.
6.4 Insurance
The Contractor shall procure and maintain, for the duration of the Contract, insurance
against claims for injuries to persons or damage to property that may arise from or in
connection with the performance of the services provided under this Contract
hereunder by the Contractor, their agents, representatives, employees or
subcontractors. The cost of such insurance shall be paid by the Contractor. Failure to
make insurance payments and to keep policies current shall be cause for contract
default in accordance with Section 4.2.
No Limitation. Contractor's maintenance of insurance as required by the agreement
shall not be construed to limit the liability of the Contractor to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
6.4.1 Minimum Scope of Insurance
Contractor shall obtain insurance that meets or exceeds the following of the
types described below:
(1) Automobile Liabilitv insurance covering all owned, non owned, hired
and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. The policy shall include coverage for insured
contracts. The City shall be named as an additional insured under the
Contractor's Automobile Liability insurance policy with respect to the
work performed for the City, using ISO additional insured
endorsement CG 20 48 02 99 or a substitute endorsement providing
equivalent coverage.
(2) Commercial General Liabilitv insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products- completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate per Project
Endorsement ISO form CG 25 03 1185 or equivalent. There shall be
no endorsement or modification of the Commercial General Liability
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insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an additional insured
under the Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City, using ISO additional
insured endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
(3) Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
(4) Pollution Legal Liabilitv insurance covering losses caused by pollution
conditions that arise during transport.
(5) Hazardous Waste Hauling. To the Automobile Liability Minimum
Scope of Insurance, add Pollution Liability coverage at least as broad
as that provided under ISO Pollution Liability- Broadened Coverage
for Covered Autos Endorsement CA 99 48 and the Motor Carrier Act
Endorsement (MCS 90) shall be attached.
6.4.2 Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
(1) Automobile Liabilitv insurance with a minimum combined single
limit for bodily injury and property damage of $5,000,000 per
accident.
(2) Commercial General Liabilitv insurance shall be written with limits
no less than $5,000,000 each occurrence, $5,000,000 general
aggregate and a $2,000,000 products completed operations aggregate
limit.
(3) Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
(4) Pollution Legal Liabilitv The Pollution Legal Liability insurance shall
be written in an amount of at least $3,000,000 per loss, with an annual
aggregate of at least $3,000,000. Coverage may be written on a
claims -made basis.
6.4.3 Deductibles and Self- Insured Retentions
Any deductibles or self insured retentions shall be for the Contractor's
accounts and shall be paid entirely by the Contractor without contribution
from the City.
6.4.4 Other Insurance Provisions
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The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability, Commercial General
Liability, and Contractor's Pollution Liability coverage:
(1) The Contractor's insurance coverage shall be the primary insurance
with respect to the City, its officials, employees and volunteers. Any
Insurance, self insurance, or insurance pool coverage maintained by the
City shall be in excess of the Contractor's insurance and shall not
contribute with it.
(2) Coverage shall state that the Contractor's insurance shall apply
separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
(3) The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled, except after thirty (30) days prior written notice has
been given to the City.
6.4.5 Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of
not less than A: VIII.
6.4.6 Verification of Coverage
The Contractor shall furnish the City with original certificates including,
but not necessarily limited to, the additional insured endorsement,
evidencing the insurance requirements of the Contractor before
commencement of the work.
6.4.7 Subcontractors
The Contractor shall include all subcontractors as insured under its policies
or shall furnish separate certificates and endorsements for each
subcontractor before commencement of the work. All coverages for
subcontractors shall be subject to all of the same insurance requirements as
stated herein for the Contractor.
6.5 Performance Bond
The Contractor shall provide and maintain at all times a valid Contractor's
Performance and Payment Bond or bonds, letter of credit or other similar instrument
acceptable to and approved in writing by the City in the amount of five hundred
thousand dollars ($500,000.00). The bond, letter of credit or other similar instrument
shall be issued for a period of not less than one year, and the Contractor shall provide
a new bond, letter of credit or similar instrument, and evidence satisfactory to the City
of its renewability, no less than sixty (60) calendar days prior to the expiration of the
bond, letter of credit or other similar instrument then in effect. The City shall have
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the right to call the bond, letter of credit or other similar instrument in full in the event
its renewal is not confirmed prior to five (5) calendar days before its expiration.
Failure to make bond payments and to keep the bond current shall be cause for
contract default in accordance with Section 4.2.
6.6 Indemnification
6.6.1 Indemnify and Hold Harmless
The Contractor shall indemnify, hold harmless and defend the City, its
elected officials, officers, employees, volunteers, agents and
representatives, from and against any and all claims, actions, suits, liability,
loss, costs, expenses, and damages of any nature whatsoever, including
costs and attorney's fees in defense thereof, or injuries, sickness or death to
persons, or damage to property arising out of or resulting from the acts,
errors or omissions of the Contractor in performance of this Contract
except for injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Contract is
subject to RCW 4.24.115, then, in the event of liability for damages arising
out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of the Contractor and the City, its
officers, officials, employees, and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
6.6.2 Notice to Contractor; Defense
In the event an action is brought against the City for which indemnity may
be sought against the Contractor, the City shall promptly notify the
Contractor in writing. The Contractor shall have the right to assume the
investigation and defense, including the employment of counsel and the
payment of all expenses. On demand of the City, the Contractor shall at its
own cost and expense defend, and provide qualified attorneys acceptable to
the City under service contracts acceptable to the City to defend, the City,
its officers, employees, agents and servants against any claim in any way
connected with the events described in Section 6.6.1. The City shall fully
cooperate with the Contractor in its defense of the City, including
consenting to all reasonable affirmative defenses and counterclaims
asserted on behalf of the City. The City may employ separate counsel and
participate in the investigation and defense, but the City shall pay the fees
and costs of that counsel unless the Contractor has agreed otherwise. The
Contractor shall control the defense of claims (including the assertion of
counterclaims) against which it is providing indemnity under this Section,
and if the City employs separate counsel the City shall assert all defenses
and counterclaims reasonably available to it.
6.6.3 Industrial Insurance Immunity Waiver
With respect to the obligations to hold harmless, indemnify and defend
provided for herein, as they relate to claims against the City, its elected
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officials, officers, employees, volunteers, agents and representatives, the
Contractor expressly agrees to waive the Contractor's immunity under
industrial insurance, Title 51 RCW, for any injury, sickness or death
suffered by the Contractor's employees arising out of or resulting from the
acts, errors or omissions of the Contractor in performance of this Contract.
This waiver is mutually agreed to by the parties.
6.7 Payment of Claims
The Contractor agrees and covenants to pay promptly as they become due all just
claims for labor, supplies and materials purchased for or furnished to the Contractor
in the execution of this contract. The Contractor shall also provide for the prompt and
efficient handling of all complaints and claims arising out of the operations of the
Contractor under this contract.
6.8 Confidentiality of Information
Under Washington State law, the documents (including but not limited to written,
printed, graphic, electronic, photographic or voice mail materials and/or
transcriptions, recordings or reproductions thereof) prepared in performance of this
Contract (the "documents and submitted to the City are public record subject to
mandatory disclosure upon request by any person, unless the documents are exempted
from public disclosure by a specific provision of law.
The City assumes no contractual obligation to enforce any exemption.
6.9 Assignment of Contract
6.9.1 Assignment or Pledge of Moneys by the Contractor
The Contractor shall not assign or pledge any of the moneys due under this
Contract without securing the written approval of the surety on the
performance bond and providing at least thirty (30) calendar days prior
notice to the City of such assignment or pledge together with a copy of the
surety's approval thereof. Such assignment or pledge, however, shall not
release the Contractor or its sureties from any obligations or liabilities
arising under or because of this Contract.
6.9.2 Assignment, Subcontracting, Delegation of Duties and Change in Control
The Contractor shall not assign or subcontract any of the work or delegate
any of its duties under this Contract without the prior written approval of
the City and submittal of proof of insurance coverage.
When requested, approval by the City of a subcontract or assignment shall
not be unreasonably withheld. In the event of an assignment,
subcontracting or delegation of duties, the Contractor shall remain
responsible for the full and faithful performance of this Contract and the
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assignee, subcontractor, or other obligor shall also become responsible to
the City for the satisfactory performance of the work assumed. The City
may condition approval upon the delivery by the assignee, subcontractor or
other obligor of its covenant to the City to fully and faithfully complete the
work or responsibility undertaken.
In addition, the assignee, subcontractor or obligor shall sign a separate
statement agreeing to abide by all terms and conditions of this Contract.
The City may terminate this Contract if the assignee, subcontractor or
obligor does not comply with this clause. Furthermore, the assignee,
subcontractor or obligor shall be subject to a one (1) year evaluation period
during which the City may terminate this Contract on the basis of any
material breaches of the terms binding the Contractor.
For the purposes of this contract, any Change in Control of the Contractor
shall be considered an assignment subject to the requirements of this
section. Nothing herein shall preclude the City from executing a novation,
allowing the new ownership to assume the rights and duties of the contract
and releasing the previous ownership of all obligations and liability.
Assignment of this Contract to a subsidiary or affiliate of the Contractor
shall not require the City's consent.
6.10 Laws to Govern/Venue
This Contract shall be governed by the laws of the State of Washington both as to
interpretation and performance. Venue shall be in Superior Court in the State of
Washington for King County.
6.11 Compliance With Law
The Contractor, its officers, employees, agents and subcontractors shall comply with
applicable federal, state, county, regional or local laws, statutes, rules, regulations or
ordinances, including those of agencies having jurisdiction over the subject matter of
this Contract, in performing its obligations under the Contract. Such compliance shall
include abiding by all applicable federal, state and local policies to ensure equal
employment opportunity and non discrimination. The Contractor shall comply with
all applicable laws pertaining to employment practices, employee treatment and
public contracts.
Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the
Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and
regulations issued under these Acts from time -to -time must be complied with,
including ergonomic and repetitive motion requirements. The Contractor must
indemnify and hold harmless the City from all damages assessed for the Contractor's
failure to comply with the Acts and Standards issued therein. The Contractor is also
responsible for meeting all pertinent local, state and federal health and environmental
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regulations and standards applying to the operation of the collection and processing
systems used in the performance of this Contract.
The Contractor is specifically directed to observe all weight- related laws and
regulations in the performance of these services, including axle bridging and loading
requirements.
6.12 Non Discrimination
The Contractor will not discriminate against any employee or applicant for
employment because of age, race, religion, creed, color, sex, marital status, sexual
orientation, political ideology, ancestry, national origin, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
creed, religion, race, color, sex, national origin, or the presence of any sensory,
mental or physical handicap. Such action shall include, but not be limited to the
following: employment upgrading; demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and,
selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, any
required notices setting forth the provisions of this non discrimination clause.
The Contractor understands and agrees that if it violates this non discrimination
provision, this Contract may be terminated by the City and further that the Contractor
shall be barred from performing any services for the City now or in the future, unless
a showing is made satisfactorily to the City that discriminatory practices have
terminated and that recurrence of such action is unlikely.
6.13 Permits and Licenses
The Contractor and subcontractors shall secure a City business license if required and
pay fees and taxes levied by the City. The Contractor shall have or obtain all permits
and licenses necessary to provide the services herein at its sole expense.
The Contractor shall be solely responsible for all taxes, fees and charges incurred,
including, but not limited to, license fees and all federal, state, regional, county and
local taxes and fees, including income taxes, property taxes, permit fees, operating
fees, surcharges of any kind that apply to any and all persons, facilities, property,
income, equipment, materials, supplies or activities related to the Contractor's
activities under the Contract, business and occupation taxes, workers' compensation
and unemployment benefits.
6.14 Relationship of Parties
The City and the Contractor expressly agree that the full extent of the relationship
between the Contractor and the City is that the Contractor is at all times an
independent contractor of the City with respect to this Contract. The implementation
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of services shall lie solely with the Contractor. No agent, employee, servant or
representative of the Contractor shall be deemed to be an employee, agent, servant or
representative of the City.
6.15 Contractor's Relationship with Customers
The Contractor shall not separately contract with Customers for any services covered
under this contract. The Contractor is specifically allowed to negotiate separate
agreements with Customers for compactor leasing, Commercial Recyclables
collection, Commercial Compostables collection, or other related services not
included in this contract, provided that Customers are provided separate invoices for
those services and that the Contractor makes it clear to Customers that those services
are not provided under this City contract. These separate agreements must be in
writing and shall in no way supersede this contract. These separate agreements
cannot have durations any longer than the final date of this contract's term, since the
City may, at its sole option, regulate similar or identical services in the successor to
this contract.
6.16 Bankruptcy
It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or
involuntarily, then this Contract, at the option of the City, may be terminated effective
on the day and at the time the bankruptcy petition is filed.
6.17 Right to Renegotiate /Amendment
The City shall retain the right to renegotiate this Contract or negotiate contract
amendments based on City policy changes, state statutory changes or rule changes in
King County, Washington State or federal regulations regarding issues that materially
modify the terms and conditions of the Contract. The City may also renegotiate this
Contract should any Washington State, King County or City rate or fee associated
with the Contract be held illegal or any increase thereof be rejected by voters. In
addition, the Contractor agrees to renegotiate in good faith with the City in the event
the City wishes to change disposal locations or add additional services to the Contract
and to provide full disclosure of existing and proposed costs and operational impacts
of any proposed changes.
This Contract may be amended, altered or modified only by a written amendment,
alteration or modification, executed by authorized representatives of the City and the
Contractor.
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6.18 Force Majeure
Provided that the requirements of this Section are met, Contractor shall not be
deemed to be in default and shall not be liable for failure to perform under this
Contract if Contractor's performance is prevented or delayed by acts of terrorism,
acts of God including landslides, lightning, forest fires, storms, floods, freezing and
earthquakes, civil disturbances, wars, blockades, public riots, explosions,
unavailability of required materials or disposal restrictions, governmental restraint or
other causes, whether of the kind enumerated or otherwise, that are not reasonably
within the control of the Contractor "Force Majeure"). If as a result of a Force
Majeure event, Contractor is unable wholly or partially to meet its obligations under
this Contract, it shall promptly give the City written notice of the Force Majeure
event, describing it in reasonable detail. The Contractor's obligations under this
Contract shall be suspended, but only with respect to the particular component of
obligations affected by the Force Majeure event and only for the period during which
the Force Majeure event exists.
6.19 Illegal Provisions /Severability
At the discretion of the City, if any provision of this Contract shall be declared illegal,
void, or unenforceable, the other provisions shall not be affected, but shall remain in
full force and effect.
6.20 Waiver
No waiver of any right or obligation of either party hereto shall be effective unless in
writing, specifying such waiver, and executed by the party against whom such waiver
is sought to be enforced. A waiver by either party of any of its rights under this
Contract on any occasion shall not be a bar to the exercise of the same right on any
subsequent occasion or of any other right at any time.
6.21 Entirety
This Contract and the attachments attached hereto and incorporated herein by this
reference, specifically Attachments A -C, represent the entire agreement of the City
and the Contractor with respect to the services to be provided under this Contract. No
prior written or oral statement or proposal shall alter any term or provision of this
Contract.
WITNESS THE EXECUTION HEREOF on the day and year first herein above written.
Waste Management of Washington, Inc. CITY OF TUKWILA
City of Tukwila 76
Solid Waste Collection Contract
85
LM
Attachments:
A. Service Area Map
B. Contractor Rates
C. Rate Modification Examples
City of Tukwila 77
Solid Waste Collection Contract
By:
Mayor
Tukwila, WA
ATTEST:
City Clerk,
APPROVED AS TO FORM:
City Attorney,
M
Tukwila
Service
E
mo
January 11, 2012
8 9
City of Tukwila
Rate Schedule with Universal Carts, Mandatory Collection Embedded Commercial Recycling
Attachment B
Page 1 of 4
Pounds
Service Level
Monthly
One 32 gallon Garbage Can or Units
Weekly
One 10 gallon Micro -Can
Residential
One 20 gallon Mini -Can
Curbside
132 gallon Garbage Cart
Service
1 64- gallon Garbage Cart
4.15$
1 96- gallon Garbage Cart
3.08$
Additional 32 Gallon Cans (weekly svc)
20.86$
Extras (32 gallon equivalent)
5.35$
Miscellaneous Fees:
9.85$
EoW Yard Debris service
62.58$
Yard Debris extra (32 gallon equiv)
7.50$
96 Gallon Extra Yard Waste Cart Rental
4.93$
Return Trip
20.86
Carry -out Charge, per 25 ft, per month
3.86
Drive -in Charge, per month
Overweight /Oversize container (per p /u)
Redelivery of containers
Cart Cleaning (per cart per event)
Sunken Can Surcharge per month
On -Call
White Goods, except refrigerators
Bulky
Refrigerators /Freezers
Waste
Sofas, Chairs
Collection
Mattresses
Weekly
One 20 gallon Mini -Can
Commercial
1 32 gallon Garbage Cart
Can and
1 64- gallon Garbage Cart
Cart
1 96- gallon Garbage Cart
Extras (32 gallon equivalent)
Miscellaneous Fees:
Weekly Yard Debris /Foodwaste service (unlined)
Weekly Yard Debris /Foodwaste service (lined)
64/96 Gallon Yard Extra Waste Cart Rental
Return Trip
Carry -out Charge, per 25 ft, per p/u
Drive -in Charge, per month (per p /u)
Gate and /or unlock fee (per p /u)
Container roll -out, >10 feet (per p /u)
Overweight /Oversize container (per p /u)
Redelivery of container
Cart Cleaning (per cart per event)
Page 1 of 4
Pounds
Per Disposal Collection
Unit
Fee
Fee
26.08$
1.42$
3.33$
6.52$
1.54$
4.15$
13.04$
3.08$
3.78$
20.86$
4.93$
5.35$
41.72$
9.85$
6.43$
62.58$
14.78$
7.50$
20.86$
4.93$
1.07$
20.86
1.14
3.86
13.04 3.08 1
20.86 4.93
41.72 9.85
62.58 14.78
20.86 1.14
47.13
59.24
45.45
50.77
4.91
6.37
7.90
10.90
3.86
Total
Service
Fee
4.75
5.69
6.86
10.28
16.28
22.28
6.00
5.00
7.62
1.50
1.50
6.00
4.00
6.00
3.00
10.00
10.00
7.50
55.31
82.87
56.35
56.22
7.99
11.30
17.75
25.68
5.12
10.07
15.07
1.50
6.00
1.50
6.00
1.50
3.00
3.00
10.00
10.00
City of Tukwila
Rate Schedule with Universal Carts, Mandatory Collection Embedded Commercial Recycling
Attachment B
Weekly
1 Cubic Yard Container
Commercial
1.5 Cubic Yard Container
Detachable
2 Cubic Yard Container
Container
3 Cubic Yard Container
(compacted)
4 Cubic Yard Container
6 Cubic Yard Container
Commercial
1 Cubic Yard, 1 pickup /week
Detachable
1 Cubic Yard, 2 pickups /week
Container
1 Cubic Yard, 3 pickups /week
(loose)
1 Cubic Yard, 4 pickups /week
1 Cubic Yard, 5 pickups /week
1.5 Cubic Yard, 1 pickup /week
1.5 Cubic Yard, 2 pickups /week
1.5 Cubic Yard, 3 pickups /week
1.5 Cubic Yard, 4 pickups /week
1.5 Cubic Yard, 5 pickups /week
2 Cubic Yard, 1 pickups /week
2 Cubic Yard, 2 pickups /week
2 Cubic Yard, 3 pickups /week
2 Cubic Yard, 4 pickups /week
2 Cubic Yard, 5 pickups /week
3 Cubic Yard, 1 pickup /week
3 Cubic Yard, 2 pickups /week
3 Cubic Yard, 3 pickups /week
3 Cubic Yard, 4 pickups /week
3 Cubic Yard, 5 pickups /week
4 Cubic Yard, 1 pickup /week
4 Cubic Yard, 2 pickups /week
4 Cubic Yard, 3 pickups /week
4 Cubic Yard, 4 pickups /week
4 Cubic Yard, 5 pickups /week
6 Cubic Yard, 1 pickup /week
6 Cubic Yard, 2 pickups /week
6 Cubic Yard, 3 pickups /week
6 Cubic Yard, 4 pickups /week
6 Cubic Yard, 5 pickups /week
8 Cubic Yard, 1 pickup /week
8 Cubic Yard, 2 pickups /week
8 Cubic Yard, 3 pickups /week
8 Cubic Yard, 4 pickups /week
8 Cubic Yard, 5 pickups /week
Pounds Total
Per Disposal Collection Service
Unit Fee Fee Fee
420.98
631.47
841.96
1,262.94
1,683.92
2,525.88
120.28
120.28
120.28
120.28
120.28
180.42
180.42
180.42
180.42
180.42
240.56
240.56
240.56
240.56
240.56
360.84
360.84
360.84
360.84
360.84
481.12
481.12
481.12
481.12
481.12
721.68
721.68
721.68
721.68
721.68
962.24
962.24
962.24
962.24
962.24
99.42 146.28 245.70
149.13 168.67 317.80
198.84 191.16 390.00
298.26 216.84 515.10
397.68 242.32 640.00
596.52 271.68 868.20
28.41 30.83 59.24
56.81 61.67 118.48
85.22 92.50 177.72
113.62 123.34 236.96
142.03 154.17 296.20
42.61 39.76 82.37
85.22 79.52 164.74
127.83 119.28 247.11
170.44 159.04 329.48
213.04 198.81 411.85
56.81 44.09 100.90
113.62 88.18 201.80
170.44 132.26 302.70
227.25 176.35 403.60
284.06 0 220.44 504.50
85.22 J 58.73 1 143.95
170.44 117.46 287.90
255.65 176.20 431.85
340.87 234.93 575.80
426.09 293.66 719.75
113.62 73.61 187.23
227.25 147.21 374.46
340.87 220.82 561.69
454.49 0 294.43 748.92
568.12 368.03 936.15
170.44 93.56 264.00
340.87 187.13 528.00
511.31 280.69 792.00
681.74 374.26 1,056.00
852.18 467.82 I 1,320.00
227.25 118.15 345.40
454.49 236.31 690.80
681.74 354.46 1,036.20
908.99 472.61 1,381.60
1,136.24 590.76 1,727.00
Page 2 of 4
89
City of Tukwila
Rate Schedule with Universal Carts, Mandatory Collection Embedded Commercial Recycling
Attachment B
Commercial Extra loose cubic yard, per pickup
Detachable
Container Drop Box Miscellaneous Fees (per occurance):
(loose) Return Trip
Roll -out Container over 10 feet (per p /u)
Unlock Container (per p /u)
Gate Opening (per p /u)
Service Level of Boxes)
Commercial Non -comp 10 cubic yard DB
Drop -box Non -comp 15 cubic yard DB
Collection Non -comp 20 cubic yard DB
Non -comp 25 cubic yard DB
Non -comp 30 cubic yard DB
Non -comp 40 cubic yard DB
Compacted 10 cubic yard Drop -box
Compacted 15 cubic yard Drop -box
Compacted 20 cubic yard Drop -box
Compacted 25 cubic yard Drop -box
Compacted 30 cubic yard Drop -box
Compacted 40 cubic yard Drop -box
Service Level
Temporary 4 Yard detachable container
Collection 6 Yard detachable container
Hauling 8 Yard detachable container
Non compacted 10 cubic yard Drop -box
Non compacted 20 cubic yard Drop -box
Non compacted 30 cubic yard Drop -box
Non compacted 40 cubic yard Drop -box
Service Level
Temporary 4 Yard detachable container
Collection 6 Yard detachable container
Container 8 Yard detachable container
Rental Non- compacted 10 cubic yard Drop -box
and Delivery Non compacted 20 cubic yard Drop -box
Non- compacted 30 cubic yard Drop -box
Non compacted 40 cubic yard Drop -box
Page 3 of 4
Pounds
Per Disposal Collection
Unit Fee Fee
120.28 I 6.56 I 14.64 I
I
W0
Daily Monthly Delivery
Rent Rent Charge
1.70 I 40.00 I 50.00 I
1.80 I 43.00 I 50.00 I
1.90 I 46.00 I 50.00 I
I$ 2.10I$ 51.001$ 50.00I$
2.30 I 56.00 I 50.00 I
2.80 67.00 I 50.00 I
50.00 I
50.00 I
50.00 I
50.00
50.00 I
50.00 I
Pounds
Per
Unit
481.12
721.68
962.24 1
ollection
Fee
21.79 I
27.82 I
35.20 I
Total
Service
Fee
21.20
10.00
3.00
1.50
1.50
Haul
Charge
115.80
121.80
127.80
133.80
139.80
151.80
143.29
149.29
155.29
161.29
167.29
179.29
Haul
Charge
48.01
67.15
87.64
117.80
117.80
117.80
117.80
Delivery
Daily Monthly
Fee Rental
Rental
50.00 I
1.25 I
14.90
50.00 I
1.55 I
17.10
50.00 I
1.70 I
19.70
50.00 I
2.00
I
51.00
50.00 I
2.25
i
57.00
50.00
I
2.75 I
69.00
50.00
3.25 I
84.00
Disposal C
Fee
26.22 I
39.33 I
City of Tukwila
Rate Schedule with Universal Carts, Mandatory Collection Embedded Commercial Recycling
Attachment B
Miscellaneous Fees:
Return Trip
Stand -by Time (per minute)
Drop -box turn around charge
Service
Hourly Rear /Side -load packer driver
Rates Front -load packer driver
Drop -box Truck driver
Additional Labor (per person)
Per Event
25.00
1.60
10.00
Per Hour
95.00
95.00
95.00
45.00
Page 4 of 4
91
Attachment C
Rate Modification Examples
The collection and disposal components of the Customer charges listed in Attachment B will be
adjusted separately, as appropriate. The collection component of Customer charges will be
adjusted annually, pursuant to this Section and as described below. The disposal component of
the Customer charges listed in Attachment B will be adjusted only if the City receives
notification from the County of a pending disposal fee adjustment, and will not become effective
until the new disposal charges become effective and are actually charged to the Contractor.
Formulas for both collection and disposal rate adjustments are provided as follows:
Collection Component Adjustment
The collection component listed in Attachment B will be increased or decreased by the
amount of the CPI change:
NCC PCC x 1 nCPI oCPI x 0.8
oCPI
Where NCC The new collection charge component of the customer
rate for a particular service level; and
PCC The previous collection charge component of the
Customer rate for a particular service level; and
nCPI The most recent June CPI value; and
oCPI The CPI value used for the previous rate adjustment or, in
the case of the first contract adjustment, the CPI value
reported at the end of June 2011.
Disposal Component Adjustment
In the case of a disposal fee modification at County disposal facilities, the disposal
component of each service level will be adjusted as follows:
Step 1:
A ODC x NTF
OTF
Step 2:
NDC= A +[(A— ODC)xCETR]
Where NDC The new disposal charge component of the customer rate
for a particular service level; and
City of Tukwila
Attachments
January, 2012
92
NTF The new disposal fee, dollars per ton; and
ODC The old disposal charge component of the customer rate
for a particular service level;
OTF The old disposal fee, dollars per ton; and
A Pre excise tax adjusted disposal component; and
CETR Current excise tax rate (the current State excise tax rate;
0.018 used for this example).
For example, using an initial one 32/35- gallon cart rate of $10.28 per month: if
the previous CPI is 143.2, the new CPI is 144.3 and the disposal fee will increase
from $109 to $115 per ton starting on January 1, 2014, the old disposal
component is $5.35, and the State Excise Tax rate is 0.018, the January 2014
Customer charge for one 32/35- gallon cart per week Residential Curbside service
would be:
(144.3- 143.2)
New Collection Component $5.35 x [1+ x 0.8 $5.38
(143.2)
New Disposal Component [$4.93 x (115/109)] plus excise tax
adjustment of $0.01 $5.21
Thus, the new Customer charge for one 32/35- gallon cart per week Residential
Curbside service will be $5.38 plus $5.21, equaling $10.59.
City of Tukwila
Attachments
January, 2012
93
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M
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Mary Miotke, IT Director
Bob Giberson, PW Director
DATE: January 20, 2012
SUBJECT: Updated Interlocal Agreement for Regional Fiber Consortium
M *11L
A resolution authorizing the Mayor to sign an updated Interlocal Agreement is required for the
City of Tukwila to continue to be a participating agency in the newly- reformed Community
Connectivity Consortium (CCC) Public Corporation, previously known as the Regional Fiber
Consortium (originally authorized by Resolution No. 1708, passed on 04/05/10).
BACKGROUND
In 2003, the City of Kirkland entered into an interlocal agreement with the University of
Washington, the Lake Washington School District, and the City of Bellevue to jointly construct
and manage fiber optic projects for economies of scale and mutual benefit as the Regional Fiber
Consortium. Other interested governmental agencies have joined the consortium since then,
including the City of Tukwila, authorized by Council with Resolution No. 1708 in April of 2010.
Based on discussions between legal counsels of various members, the form of the organization
has been changed to a Public Corporation as opposed to an entity created by an Interlocal
Agreement. This change is desirable because it provides Tukwila and other member
jurisdictions with better protection from legal liability for the actions of the consortium.
The current membership (including entities that have already signed the previous ILA and
entities that would like to sign the proposed ILA) has grown to include Bellevue College,
Bellevue School District, City of Algona, City of Auburn, City of Bellevue, City of Federal Way,
City of Kent, City of Kirkland, City of Pacific, City of Puyallup, City of Renton, City of Seattle, City
of Tukwila, Evergreen Medical Center, Lake Washington School District, Renton School District,
University of Washington, and Valley Communications Center.
The CCC's website is www.communitvconnectivitv.ora. The site is new and content will
continue to be added, along with the names of member agencies as their individual interlocal
agreement approval process becomes finalized. A CCC Fast Facts info sheet is attached to this
memo for general informational purposes.
DISCUSSION
The new interlocal agreement achieves the following:
Establishes a nine member. Governance Board.
Provides for joint ownership of future fiber resources.
Provides a framework for managing decision making and funds.
Names the consortium the "Community Connectivity Consortium."
97
INFORMATIONAL MEMO
Page 2
Simplifies future changes by defining the Board's responsibilities to include creation
and management of administrative policies.
Allows for the Executive Board to develop financial policies and practices along with
a five -year strategic plan to be delivered to the membership for 2013/14.
This re- formation process did not allow time for formal requests for budget to go into member's
2012 budgets. The CCC will operate on a project contribution basis in 2012 the same basis
the consortium has been operating under for the past 10 years. However, because there may
be overhead costs (such as legal and consultant time) for the Public Corporation or fiber project
maintenance /repair costs, each member agency was asked to earmark $5,000 in their individual
budgets as contingency funding.
The City of Tukwila has interest in participating in the consortium for a number of reasons: to
efficiently achieve redundant fiber paths to City facilities both north and south of 1 -405; install an
active fiber connection to the City's records center at Sabey; and facilitate connectivity to other
Valley City campuses and agencies of interest such as Valley Communications and SCORE Jail
for public safety needs. With additional fiber installed in conduit along the entire Interurban
corridor, the City would be able to add CCTV cameras to the Interurban signals and have
access to the controllers in the field from the City's traffic operations center.
The CCC members have high interest in connecting to Sabey as well, and plan on using current
grant funds to connect the consortium's fiber ring to the Sabey facilities. Because the planned
path travels through the City of Tukwila, it is in the best interest of the City to be a participating
member and have our staff at the discussion table as soon as possible. Outside commercial
vendors such as Integra Telecom and Rapid Ride are also interested in partnering with the CCC
and the City of Tukwila using existing conduit. To achieve the City of Tukwila's goals for
connectivity, the cost could be very minimal, or even largely reliant upon in -kind contributions
with such cooperative partnerships. Project details are under discussion and will be brought to
Council as separate initiatives.
RECOMMENDATION
The Council is being asked to consider this item and approve the resolution at the February 13,
2012 Committee of the Whole meeting and subsequent February 21, 2012 Regular Meeting.
Attachments:
A. CCC Charter, Bylaws, and Formation Ordinance
B. CCC Interlocal Agreement
C. CCC Fast Facts Info Sheet
D. Resolution No. 1708, passed by Tukwila City Council 04/05/10
E. Resolution in Draft Form
WAPW Eng\ PROJECTS\ Communications\ lnfoMemoFiberConsortium012412 .doc
98
CHARTER OF THE COMMUNITY CONNECTIVITY CONSORTIUM, A WASHINGTON
PUBLIC CORPORATION
ARTICLE I
NAME AND SEAL
The name of this corporation shall be the "Community Connectivity Consortium"
("Consortium'. The corporate seal of the Consortium shall be a circle with the name of the
Consortium and the word "SEAL" inscribed therein.
ARTICLE II
AUTHORITY FOR CONSORTIUM; LIMIT ON LIABILITY
Section 1. Authority. The Consortium is a public corporation organized pursuant to.
Revised Code of Washington ("RCW' 35.21.730 through 35.21.759, as the same now exist or
may hereafter be amended, or any successor act or acts (the "Act's, Ordinance No. 4325 of the
City of Kirkland, passed on October 18, 2011 and the Interlocal Agreement Establishing the
Community Connectivity Consortium adopted and approved by Consortium Members, a copy of
which is attached hereto as Exhibit A and incorporated herein by this reference Interlocal
Agreement'.
Section 2. Limitation on Liability. All liabilities incurred by the Consortium shall be
satisfied (a) in the case of obligations or liabilities of the Consortium which are not limited.
recourse in nature, exclusively from the assets, credit, and properties of the Authority, or (b) in
the case of obligations or liabilities of the Authority which, by their terms, are limited recourse
obligations, from such assets, properties or revenue of the Authority as shall be specifically
pledged thereto or otherwise identified as being the source of payment of such limited recourse
obligations or liabilities, and no creditor or other person shall have any right of action against or
recourse to Consortium Members, their assets, credit or services on account of any debts,
obligations, liabilities or acts or omissions of the Consortium.
Section 3. Liability of Consortium and Consortium Members. The following
disclaimer shall be printed or stamped on all contracts or other documents that may entail any
debt or liability by the Consortium:
The Community Connectivity Consortium ("Consortium') is a public corporation
organized pursuant to the ordinances and approvals of the Consortium Members
and RCW 35.21.730 through 35.21.759 and RCW Chapter 39.34. RCW
35.21.750 provides as follows: "[A]II liabilities incurred by such public
corporation, commission, or authority shall be satisfied exclusively from the
assets and properties of such public corporation, commission, or authority and
no creditor or other person shall have any right of action against the city, town,
or county creating such corporation, commission or authority on account of any
debts, obligations, or liabilities of such public corporation, commission, or
authority."
In no event shall the obligations of the Consortium be payable by recourse
against any properties, assets or revenues of the Consortium Members, the State
w e
of Washington or any other political subdivision of the State of Washington. No
person to whom such obligations are owed shall have any recourse or right of
action against the Consortium Members, the State of Washington or any other
political subdivision thereof on account of such obligations.
Any of the Consortium Members may, by ordinance or contract or pursuant to interlocal
agreement, agree to pay (on a contingent basis or otherwise) all or any portion of the
obligations of the Authority; however, (1) no Member shall be obligated beyond the
proportion of sum specified by ordinance or contract; and (2) no Member shall be
obligated, directly or indirectly for the obligations of another Member.
ARTICLE III
DURATION
The duration of the Consortium shall be perpetual except as provided in the
Interlocal Agreement.
ARTICLE IV
PURPOSE
The purpose of the Consortium is to acquire, construct, operate, manage and maintain a
regional communications network that meets the needs of community institutions, including but
not limited to government agencies, hospitals, schools and universities.
ARTICLE V
POWERS
The Consortium shall have and may exercise all lawful powers conferred by state laws,
the Interlocal Agreement, this Charter and its Bylaws that are consistent with the purpose of
the Consortium. The Consortium in all of its activities and transactions shall be subject to the
powers, procedures, and limitations contained in the Interlocal Agreement, this Charter and the
Bylaws.
ARTICLE VI
CONSORTIUM MEETINGS AND BOARD RESPONSIBILITIES
Section 1. Consortium Initial Meeting. Upon issuance of this Charter, there shall
be an initial meeting of Consortium Members within 60 days. At the initial meeting, Consortium
Members shall adopt the Consortium's Bylaws and elect the Consortium Board. The Bylaws
shall be approved and a Board member shall be deemed elected to the Board if they receive a
majority vote of all Consortium Members with voting member status. Thereafter, the Board
shall manage and oversee the Consortium's activities, in accordance with the Interlocal
Agreement.
Section 2. Board Meetings and Membership Meetings. The Board shall meet as
necessary to oversee the operations of the Consortium. After the initial meeting, the Consortium
Members shall meet no less than once per year. To the extent required by law, notice of
100
Consortium meetings shall be given in a manner consistent with RCW Chapter 42.30, the Open
Public Meetings Act.
Section 3. Board Composition, Powers and Responsibilities.
A. Composition. The composition of the Consortium Board shall be set forth
in the Consortium Bylaws, provided that the composition of the Consortium Board may
not be changed without the approval of 75% or more of the Voting Members of the
Consortium. The Consortium Board shall recommend a representative composition of
the Board at the Annual Meeting.
B. Consortium Board Terms. The Consortium Board terms shall be set forth
in the Consortium Bylaws.
C. Powers. The Consortium Board shall govern the Consortium. The powers
of the Consortium Board shall be to: (1) develop and recommend the Consortium's
Bylaws for approval by the Consortium Members; (2) create Consortium work programs;
(3) determine services to be provided; (4) develop an annual budget for adoption by
Consortium Members; (5) review and propose a membership policy; (6)
recommend a fee policy for approval by the Consortium Members; (7) make purchases
or contract for services to accomplish the purposes of the Consortium; (8) enter into
agreements with third parties for goods and services as necessary to carry out the
Consortium's purposes; (9) hire staff, consultants or private vendors as necessary; (10)
identify and contract for the services of Fiscal Agent for the purposes of carrying out and
recording Consortium financial transactions; (11) approve expenditures of funds; and
(12) conduct any and all other business allowed by applicable law. The incurrence of
debt by the Consortium requires the prior approval of all of the governing bodies of
current Voting Members.
D. Responsibilities of Consortium Board Members. Consortium Board
Members shall participate fully in matters before the Board, attend all meetings,
advocate on behalf of the Consortium, and contribute expertise to guide decisions.
E. Bylaws. The Consortium Members shall adopt Bylaws that govern
Consortium operations and decision making.
F. Consortium Membership. Membership in the Consortium shall be limited
to government agencies authorized to become signatories to an Interlocal Agreement as
authorized by RCW 39.34.030, and who contribute assets, resources, and /or shared
services for the benefit of members. The addition of new members shall be subject to
the approval of a simple majority of the Consortium Board, as established by the
Consortium, to manage its operations.
ARTICLE VII
VOTING
In conducting Consortium business, Voting Members will cast a single vote with all votes
being equal. A meeting quorum for Board Meetings shall be considered to be a simple majority
101
of the Board Members. A meeting quorum for Consortium Member meetings shall be a simple
majority of Voting Members. It is the desire of the Consortium that decisions be made by
consensus, but a simple majority vote of all of the Voting Members present, either in person,
electronically or by proxy, shall decide matters at Consortium Member meetings. A simple
majority vote of all of the board members present, either in person, electronically or by proxy,
shall decide matters at Consortium Board meetings. A second vote may be called in the event
of a tie to arrive at a decision. A second tie will table the discussion until the next regularly
scheduled meeting.
ARTICLE VIII
FINANCE AND BUDGET
The Consortium Board is authorized to accept grants and such other financial
opportunities as may arise in order to accomplish the purposes of the Consortium consistent
with Chapter 39.34 RCW. The Consortium is empowered to receive all funds and assets
allocated to it by its members. The Consortium Board may establish partnerships with public
and private corporations or entities as allowed by law. The Consortium Board shall recommend
an annual budget for adoption by the Consortium Members.
A. Ownership of Property. The Consortium may own real and personal
properties. Ownership of assets, such as fiber strands, equipment or software, shall be
defined in the allocation noted within any Consortium Project Agreement to which the
Member is signatory. Assets deemed surplus by participants in a Project Agreement
shall be held by the Consortium in an Asset Bank administered by the Consortium Board
for the benefit of the Consortium Members. Future allocation of surplus assets shall be
at the discretion of the Consortium Board. Existing assets owned by the Consortium
Members may be transferred to the Consortium for the benefit of Consortium Members
at the owner's discretion.
B. Retained Responsibility and Authority. Consortium Members retain the
responsibility and authority for managing and maintaining their own internal Fiber Optic
systems, including security and privacy of all data which may be linked to the
Consortium's network.
C. Fiscal Agent. The Fiscal Agent refers to that agency or government that
performs all accounting services for the Consortium as it may require, in accordance
with the requirements of Chapter 39.34 RCW. The Consortium Board shall appoint a
Fiscal Agent for the Consortium. The Fiscal Agent shall have a non voting, ex officio
seat on the Consortium Board if the agency is not serving on a Consortium Board seat.
D. Intergovernmental Cooperation. The Consortium will cooperate with
federal, state, county, and other local agencies to maximize use of any grant funds or
other resources and enhance the effectiveness of the Consortium systems, programs
and projects.
E. Voting Members. Voting Members shall contribute to the Consortium in
accordance with the fee policy adopted by the Consortium Membership.
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ARTICLE IX.
CONSTITUENCY
There shall be no constituency of the Consortium.
ARTICLE X
AMENDMENT OF CHARTER AND BYLAWS
Section 1. Amendments to Bylaws. The Board may propose amendments to the
Bylaws for consideration and voting by the general membership at a general membership
meeting. Amendments to the Bylaws shall be deemed approved if the amendment proposal
receives affirmative votes from a majority of all Voting Members.
Section 2. Amendments to Charter. Proposals to amend this Charter shall be
submitted to the Board for review. If the Board recommends approval of the Charter
amendment, the amendment proposal shall be submitted to the governing bodies of the
Consortium Members. The proposed amendment shall not be effective until approved by the
governing bodies of at least 75% of all Voting Members.
ARTICLE XI
COMMENCEMENT
The Consortium shall commence its existence effective upon the issuance of its Charter
as sealed and attested by the City Clerk of the City of Kirkland, as provided in the Ordinance
adopting this Charter.
ARTICLE XII
DISSOLUTION
Dissolution of the Consortium shall be in the form and manner set forth in the Interlocal
Agreement and as may be required by state law.
CERTIFICATE
I, the undersigned, City Clerk of the City of Kirkland, Washington, do hereby certify that
the attached CHARTER OF THE COMMUNITY CONNECTIVITY CONSORTIUM, A WASHINGTON
PUBLIC CORPORATION is a true and correct origino of such Charter as authorized by Ordinance
No. 4325 of the City of Kirkland, this ZP day of l bb 4o 6--- 2011.
JL at�-� L�'hoC- e�►�-�v�.�
City Clerk of the City of Kirkland, Washington
103
Community Connectivity Consortium
Bylaws
Purpose
The purpose of these Bylaws is to establish the means by which the Community
Connectivity Consortium (hereinafter "Consortium shall regulate and direct itself
and identify and document the Consortium's operating procedures and principles
for management of the Consortium's business activities by the Consortium's
Board.
2. Goals and Principles
The guiding operating principles of the Consortium are to:
Provide for efficient, flexible, robust, secure and cost effective
communications; resiliency for disaster recovery, emergency and public
safety connectivity, disaster recovery and business continuity for Members
and constituents; improved inter agency communications; and an open
access network to serve communities and their anchor institutions.
Optimize use of the Consortium's assets through: (1) efficient
administration; (2) effective policies and procedures; (3) capable execution
of projects; and (4) adequate record keeping, documentation and
inventory of Consortium operations and assets.
Effectively leverage member and Consortium resources to obtain grant
funding, develop shared resources for the benefit of Members, and
develop fiscal opportunities that support the Consortium's goals.
Work collaboratively to optimize available resources, including knowledge,
pathway, design, assets, budget, administration, and any other expertise
necessary in a manner that is equitable and flexible across the long term.
3. Agreement
These Bylaws shall be reviewed and recommended by the Consortium Board to
the Consortium Members for adoption. These Bylaws may be amended upon
recommendation by the Consortium Board to the Consortium Members for
adoption of any changes with the approval of at least a majority of all Voting
Members. These Bylaws shall be reviewed annually by the Consortium Board.
CCC Bylaws Page 1 of 8 (07.13.11 rev)
104
4. Operating Committees Boards
A. Composition of Consortium Board. The Consortium Board is comprised
of representatives appointed by member agencies. These representatives
should possess the special knowledge required to participate in the conduct
of Consortium business and should include the Chief Information Officer,
Information Technology Director, or other designee. The initial Consortium
Board shall be made up of four Core and five At -Large seats. The initial
Core seats of the Consortium Board are the original signers of the first
interlocal agreement that established the Consortium (the University of
Washington, the Lake Washington School District, City of Bellevue and the
City of Kirkland) and have made significant investments to establish the
initial backbone of the Consortium network. The At -Large seats are open to
all voting members of the Consortium. The Consortium Board shall
represent the diversity and perspectives of the Consortium members and
shall strive to balance the Board seats with a mix of anchor institutions
considering types of organizations (e.g., government, education and health
care, etc.), geographic representation (e.g., Seattle, east King County, south
King County, etc.), and other categories that may arise. The Consortium
Board shall recommend a representative composition of the Board at the
Annual Meeting. The Consortium may change the composition and number
of Board positions including the number of Core and At -Large seats —as
the needs of the Consortium may dictate. Any change to the composition of
the Consortium Board shall require the approval of at least 75% of all
Consortium Voting Members.
B. Consortium Board Terms. The initial At -Large seats shall be elected by the
Consortium Voting Members for one, two or three -year staggered terms to
minimize turnover and ensure continuity in the Board. Thereafter, all seats shall
serve a three year term. At -large terms shall be: two at -large Members elected
for a one year term, two at -large Members elected for a two year term, and one
at -large Member elected for a three year term. Board Members, at their first
meeting, will use a random selection method to determine the term of each At-
large seat. Elections shall take place at the Consortium's Annual Meeting. The
Core seats shall have a three year term. At the conclusion of each three year term
the Consortium Board will review the makeup of the Core seats based on sunk
investments, level of effort towards Consortium goals (e.g., project management,
engineering, regional coordination, administrative, etc.), budget contributions and
any other factors demonstrating on -going commitment and achievement and
propose any appropriate changes in Core seat assignment. If a seat is vacant and
the Consortium Member is not able to replace its representative, the Consortium
Board may elect another Member or hold an election to fill the remaining term of
the seat.
C. Operating Committees. The Members of the Consortium Board shall
appoint Consortium Members to such operating committees as deemed
necessary by the Board to assist in the operations of the Consortium. The
Consortium Board may, at its discretion, vote on the formation of such
CCC Bylaws Page 2 of 8 (07.13.11 rev)
105
committees as necessary for the orderly business operation of the
Consortium. Possible future committees are Operations, Finance, and
Nominating.
D. Consortium Officers. The Consortium Board shall select a Chair, a Vice
Chair and a Secretary. The Vice -Chair will act as Board Chair in the
absence of the Chair. The Chair, Vice -Chair and Secretary shall each serve
a two -year term. In the event a Chair is unable to complete its term, the
unfilled portion shall be filled by the Vice Chair. If the Vice -Chair is vacated,
the Board or Committee shall elect a new Vice Chair. The election of
officers is at the discretion of the Consortium Board and may be by written,
electronic or verbal ballot. The Consortium Board shall select a Chair and
Vice -Chair for any committees it creates. The duties of any Consortium
officers shall be those normally associated with the office and include
chairing meetings, coordinating agendas, acting on behalf of the Consortium
as directed by Board action, and other duties to ensure the effective and
efficient operations of the Consortium.
E. Consortium Board Member Responsibilities. Consortium Board
Members shall participate in the preparation of the annual budget
recommendation to be presented for Member adoption at the Consortium's
Annual Meeting. The budget document shall contain, at a minimum, an
annual report including significant project update reports. The Consortium
Board Members shall stay informed on or be directly engaged in the
activities of Consortium committees and projects to fulfill the Consortium
Board's oversight role of ensuring adequate progress and achievement of
goals. Consortium Board Members may contribute resources towards
efficient operation of the Consortium, including but not limited to staff
expertise, time and effort for outreach and coordination, materials, budget
commitments, etc.
F. Member Responsibilities. Any Member may attend any Board or
committee meeting and is encouraged to participate as. much as feasible.
Members shall represent the interests and legal obligations of their agencies
in all matters. Members shall also be the liaison to their organizations and
facilitate effective communications and coordination on behalf of their
agency. The Consortium will not reimburse a Member for its time serving
on the Consortium Board or operating committees. No Member will be an
agent of the Consortium or has the power to bind the Consortium in any
manner solely by virtue of such Member's Consortium Membership.
G. Removal of Officers. Consortium Board Officers may be removed, with
cause, at any meeting of the Consortium Members. Notice of such action
will be published as an agenda item and voted on by the Consortium Voting
Members. Committee Officers may be removed by the Consortium Board at
any of the Board meetings.
5. Membership Policy
CCC Bylaws Page 3 of 8 (07.13.11 rev)
106
A. Membership Types. There are two Membership Classes Voting and
Non Voting. The Consortium shall maintain a Membership roster
designating Voting and Non Voting members.
B. Voting Members. Voting Members shall enjoy full privileges, including
voting, sharing of risks and rewards, ownership of assets, and other
benefits. Voting Members are expected to positively contribute to
Consortium governance and operation, provide in -kind contributions of
conduit, staff time or funding and actively participate in meetings,
Consortium projects, and regional activities that further the Consortium's
mission. Voting Members who fail to actively participate during a four year
period may, upon notice and by a vote of the Consortium Board, have their
membership status changed to Non Voting Member based on a finding by
the Board that the Member has not actively participated during the
applicable four year period.
C. Non Voting Members. Non Voting Members may participate in
Consortium Project Agreements that are within and /or affect their
jurisdiction, but are not required to actively participate in Consortium
business or governance. Non Voting members may attend Consortium
meetings and provide input but may not vote. Non Voting Members are not
required to contribute to Consortium governance or operation and are not
eligible for distribution of Consortium assets in the event of dissolution of the
Consortium.
D. Attaining Membership. A public agency desiring membership in the Consortium
must express its interest in writing to the Consortium Board. The letter of interest
should identify the type of membership sought and how the agency's interests
align with the goals and principles of the Consortium. The Consortium Board shall
review the request and take action accordingly:
1. Non Voting Members. For agencies seeking non voting membership because
of limited and discrete interests (e.g., connecting a facility), the Consortium
Board can take action on the membership request at its next available Board
meeting. Non voting members should participate in committee and project
meetings appropriate to their interests.
2. Voting Members. For agencies seeking full voting membership, the
Consortium Board can consider the request, and if approved, allow immediate
admittance as a non voting member. Prior to admittance as a full voting
member, applicants must serve a one -year period as a non- voting member. The
one -year period begins when the Consortium Board approves the request after it
reviews the letter of interest. During the one -year non voting period, the
applicant should attend Board and /or committee meetings for one year to
demonstrate sincere interest and willingness to actively participate and engage in
the collaborative partnership. Final admittance as a full voting member is
established by a majority vote of the full voting membership based upon
demonstrated ability to develop and maintain effective partnerships in alignment
with Consortium goals and objectives.
CCC Bylaws Page 4 of 8 (07.13.11 rev)
107
E. Member Withdrawal. A Consortium Member may notify the Consortium of its
intent to withdraw from this Agreement by written notice to the Consortium Board.
Any commitment for the current calendar year shall be terminated upon such
withdrawal. The Consortium Member withdrawing from the Consortium also
forfeits any of the Consortium Member's proportional interest in Consortium assets
including but not limited to: (1) ownership rights to hardware, software, fiber
and /or services owned /provided by the Consortium, and (2) any funds associated
with Consortium products and /or services. The Consortium Member seeking
withdrawal shall continue full participation in any Consortium Project Agreements
executed during the Membership period. A Member retains full ownership in
assets designated as belonging to the Member in any Consortium Project
Agreement but may elect to transfer assets back to the Consortium with the
agreement of the Consortium Board.
6. Dispute Resolution
Disputes regarding asset ownership or any other aspect of the Consortium's
business activities shall be brought to the attention of the Consortium Board for
resolution. In the event a resolution is not possible, either party to the dispute
may escalate the issue to the Membership at the Consortium's Annual Meeting
or a Special Meeting. The vote of the Membership shall be the final decision of
the Consortium.
7. Meetings
A. Frequency The Consortium Board shall conduct at a minimum an annual
meeting of the Consortium Members, to be held on the second Thursday in
May of each year at Bellevue City Hall at 2:00 p.m. Additionally, the
Consortium Board shall meet not less than quarterly to conduct Consortium
business and oversight.
B. Notices Meeting notices shall be distributed 10 days in advance of
Consortium Board and 30 days in advance of Consortium Members meetings.
Such notices shall include an agenda covering topics to be discussed along
with any materials related to matters up for a vote.
C. Attendance It is the responsibility of each Consortium Member to fully
participate in the governance of the Consortium. Consortium Members are
encouraged to attend all meetings.
D. Minutes Minutes shall be taken and made available to Members at
Consortium Board and Consortium Members meetings. Meeting minutes
shall be available no later than 15 days after the meeting's occurrence.
E. Quorum, Voting A quorum shall be a simple majority of all Voting Members.
Unless a different percentage is required by the ILA, the Charter or by law,
action at any Meeting shall be action of the Consortium if the action is
approved by at least a majority of those present at the meeting, provided a
CCC Bylaws Page 5 of 8 (07.13.11 rev)
108
quorum is present. No action may be taken at a meeting at which a quorum
is not present, except to adjourn the meeting to another time and /or place.
8. Fiscal Agent
The Fiscal Agent for the Consortium shall be appointed by the Consortium Board
for a term of three years. The City of Bellevue is the Consortium's current Fiscal
Agent for monetary matters wherein the Consortium receives or spends funds on
behalf of the Consortium.
9. Assets
A. As described in the Consortium's Interlocal Agreement, the Consortium will
maintain a bank of surplus fiber and other assets to be distributed to
Members, for revenue generation and use by customers based on
demonstrated need and for benefit to the Consortium and its Members'
communities. Decisions regarding distribution of banked assets shall be at
the discretion of the Consortium Board.
B. An accurate asset inventory shall be maintained by the Consortium's Fiscal
Agent and reported annually to the Membership. Consortium Members shall
support the inventory by providing necessary documentation and information.
C. Maintenance costs for assets such as banked fiber shall be evenly distributed
to the Voting Members. In the event of a fiber break, the lead agency for the
Project Agreement covering the cable installation shall immediately notify the
Consortium and have the fiber repaired with all due diligence as described
within the Project Agreement, passing costs to the appropriate Members upon
receipt of the vendor's invoicing. The Consortium may own other assets
related to the mission and goals of the Consortium. Such assets shall be
maintained and inventoried and costs shared by the Voting Members through
Consortium dues as approved in the annual Consortium budget.
D. Allocation of assets for each project will follow these guidelines:
a. Member funded projects: Asset ownership is determined in each
Project Agreement and cost is prorated among the participating
Members.
b. Grant funded projects: All assets are owned by the Consortium and
allocated by the Consortium Board based on the following priorities:
Priority 1 To achieve the objectives of the grant project. If one
of the objectives is a future capability, assets must be set aside
for this until that project is ready.
Priority 2 To achieve objectives of Members who contribute to
a grant project either through assets, right of way, staff time,
facilities, or other contributions.
iii. Priority 3 To achieve the objectives of Members who have a
demonstrated need to use grant- funded assets.
CCC Bylaws Page 6 of 8 (07.13.11 rev)
109
iv. All Members requesting use of grant assets under Priority 2 and
3 must demonstrate necessity with a report or presentation
showing needs analysis and how the assets will be used.
v. All use must fit within grant guidelines and be tracked for grant
audit purposes.
vi. All unallocated assets will be retained in an Asset Bank for
future needs.
c. The following general rules shall be used as a starting point for
discussion and negotiation of fiber allocation:
i. To connect a facility: 6 strands (2 for primary, 2 for backup, 2
for spares)
ii. For a traffic network: 12 strands for small to mid -size city, 24
strands for mid to large city.
10. Projects
All Fiber Optic Projects among participating Members shall have a Consortium
Project Agreement specifying the participating agencies, Lead Agency and
project manager, route, assets, etc. as described in the Consortium Project
Agreement Template. Projects will follow the template established for
Consortium projects to ensure consistency. Each fully executed Project
Agreement will be filed with the Fiscal Agent for record keeping purposes. The
Lead Agency is responsible for the successful execution of Consortium Projects.
11. Procurement/Contracting
For expenditures that flow through the Consortium, the Consortium shall adopt
and be guided by the initial Fiscal Agent's Contracting Policy as the basis for all
contracting /purchasing decisions. Contracts up to $50,000 may be approved and
executed by the Consortium Board Chair or designee as contained in the
Consortium. Contracts exceeding $50,000 shall require approval by the
Consortium Board.
12. Staffing
The Consortium Board may recommend to the Consortium Members staff
positions necessary for the continued business operations of the Consortium.
Such recommendation shall contain a compensation assessment and be
included in the annual budget process
13.Amending Bylaws
Except as otherwise provided herein, these Bylaws may be modified or amended
by the general membership upon the recommendation of the Consortium Board.
At a minimum, the Consortium Board shall, on an annual basis, review the
current Bylaws and make recommendations regarding potential changes at the
CCC Bylaws
Page 7 of 8 (07.13.11 rev)
110
Consortium Members annual meeting. Amendments to the Bylaws must be
approved by at least a majority of all Voting Members.
Definition of Terms
A. Asset Bank Fiber that is classified by the participants in a Project
Agreement as surplus to the project and transferred to the Consortium for
future use by the members; fiber that may be donated to the Consortium by a
member for the future use by the members.
B. Customer A customer of the Consortium is any entity that contracts for
services from the Consortium. Said services may be the sharing of
resources, network connectivity and other services as defined by the
Community Connectivity Consortium Board.
C. Consortium Proiect Agreement This is an agreement for a specific project
with participating members that defines the contractual relationships between
and amongst the members of the agreement.
D. Fiscal Aaent An entity that handles fiscal matters for a group, including
contracting, procurement, disbursement of payment funds, grant
management, financial accounting for such funds as may be required,
administrative record keeping, asset tracking, and the production of reports
necessary to the conduct of the group's business activities.
E. Interlocal Aqreement —An agreement executed under RCW 39.34.030 that
provides statutory authority for the formation of such agreements. Such
agreements are limited to government entities /agencies.
F. Lead Aaencv The participating agency designated by mutual consent in a
Project Agreement and empowered to enter into contracts, oversee project
construction and perform on -going maintenance responsibilities.
G. Votina Member Any Consortium Member that provides assets, funding, staff
or other shared resources for the benefit of the Consortium and participates
actively in Consortium matters including the Consortium's annual meeting and
committee /board assignments.
H. Network A computer network is a group of devices interconnected for the
purpose of communication.
I. Non Votina Member —Any Consortium Member that participates in specific
project Consortium Project Agreements but not in the Consortium's business
or oversight activities.
THESE BYLAWS are adopted by resolution of the Community Connectivity Consortium
Board this day of 2011.
Secretary
CCC Bylaws Page 8 of 8 (07.13.11 rev)
111
ORDINANCE 0 -4325
AN ORDINANCE OF THE CITY OF KIRKLAND CREATING THE
COMMUNITY CONNECTIVITY CONSORTIUM, A PUBLIC CORPORATION
AND APPROVING ITS CHARTER.
WHEREAS, the City of Kirkland is a participant in the Regional
Fiber Consortium, which is comprised of local government agencies for
the purpose of acquiring, constructing, operating, managing and
maintaining a regional communications network that meets the needs
of community institutions, including but not limited to government
agencies, hospitals, schools and universities; and
WHEREAS, the Regional Fiber Consortium members operate
pursuant to an interlocal agreement entitled General Terms and
Conditions;
WHEREAS, the current Regional Fiber Consortium Members,
along with prospective new members would like to adopt a new
Interlocal Agreement Establishing the Community Connectivity
Consortium C' Interlocal Agreement') pursuant to RCW 39.34 and form
a public corporation pursuant to RCW 35.21.730 through 35.21.759 to
govern their continued operations; and
WHEREAS, the Interlocal Agreement and the Charter of the
Community Connectivity Consortium ("Charter'l has been approved by
at least nine (9) prospective Consortium Members, which constitutes
authorization for proceeding with formation with the Consortium under
the Interlocal Agreement;
NOW, THEREFORE, the City Council of the City of Kirkland
does ordain as follows:
Section 1. The Charter of the Consortium, attached hereto as
Exhibit A and incorporated herein, is hereby approved. The Charter
shall be issued in duplicate originals, each bearing the seal of the City
of Kirkland attested by the City Clerk. One original shall be filed with
the City Clerk. A duplicate original shall be provided to the
Consortium.
Section 2. The Consortium shall commence existence upon the
fulfillment of each of the following:
(1) The governing bodies of at least nine (9)
Consortium Members have approved the creation of the Consortium
by the City of Kirkland;
(2) This Ordinance shall become effective; and
(3) The Charter shall have been executed, and the
Charter shall be on file with the City Clerk.
112
Section 3. This ordinance shall be in force and effect five days
from and after its passage by the Kirkland City Council and publication
pursuant to Section 1.08.017, Kirkland Municipal Code in the summary
form attached to the original of this ordinance and by this reference
approved by the City Council.
Passed by majority vote of the Kirkland City Council in open
meeting this 18th day of October, 2011.
MI
Signed in authentication thereof this 18th day of October,
MOOR
Attest:
J
�ity Clerk
Approved as to Form:
An A� fl
City Attorney
2
0-4325
113
INTERLOCAL AGREEMENT
ESTABLISHING THE COMMUNITY CONNECTIVITY CONSORTIUM
THIS AGREEMENT "Agreement is entered into among the following public agencies
organized under the laws of the State of Washington, hereinafter referred to as the
"Members" which are parties signatory to this Agreement: (1) City of Bellevue; (2) City
of Kirkland; (3) Lake Washington School District; (4) University of Washington; (5)
Bellevue College; (6) Bellevue School District; (7) King County Public Hospital District
No. 2 d /b /a Evergreen Healthcare; (8) City of Federal Way; (9) City of Renton; (10)
Renton School District; (11) City of Seattle; (12) City of Algona; (13) City of Auburn; (14)
City of Kent; (15) City of Pacific; (16) City of Puyallup; (17) City of Tukwila; (18) Valley
Communications Center (collectively, the "Parties This Agreement shall take effect
upon the signature of nine (9) or more of the Parties to this Agreement.
This AGREEMENT replaces the previous Interlocal Agreement: General Terms and
Conditions for Sharing Fiber Optic Installation Projects, which took effect on December
6, 2003 "Fiber Interlocal"), except for the limited purposes set forth in Section 5 of this
Agreement.
This Agreement is being made pursuant to the Interlocal Cooperation Act, Chapter
39.34 RCW, and pursuant to the authority granted for formation of public corporations in
RCW 35.21.730 through 35.21.759, and has been authorized by the legislative body of
each jurisdiction signing this Agreement.
RECITALS
Whereas the University of Washington, Lake Washington School District, City of
Kirkland and City of Bellevue signed Interlocal Agreement: General Terms and
Conditions for Sharing Fiber Optic Installation Projects, effective December 6, 2003
"Fiber Interlocal") for the purpose of outlining how the parties will work together on fiber
optic projects for the benefits of all the participating parties and established the original
backbone of the Fiber Consortium network through contributions of budget, fiber assets,
conduit, right of way and staff expertise; and
Whereas Evergreen Healthcare, Bellevue School District, City of Renton, Renton
School District, Bellevue College, City of Seattle and City of Federal Way have signed
the Fiber Interlocal and the joining amendments were fully executed by the participating
parties; and
Whereas all projects to be completed under the Fiber Interlocal were required to have a
Fiber Optic Project Agreement signed by all participating parties specifying lead agency
and participant roles, project schedule, budget, route, fiber allocation and ownership,
points of demarcation, maintenance responsibilities, and other details of each project;
and
Consortium Interlocal Final Page 1 of 8
114
Whereas projects completed under a Fiber Optic Project Agreement defines the Fiber
Consortium network, which is separate from each participating parties' networks unless
transfers of a party's fiber assets were executed through a Fiber Optic Project
Agreement; and
Whereas the growing Fiber Consortium network with additional agencies in the process
of joining and executing more projects has become cumbersome to manage under the
current structure. The City of Algona, City of Auburn, City of Kent, City of Pacific, City of
Puyallup, City of Tukwila, and Valley Communication Center have approved joining the
Consortium and executed a joining Fiber Optic Agreement; and
Whereas the members of the Fiber Consortium network are seeking grant opportunities
to fund expansion to serve members' needs and has been successful in recent grant
programs and thus the fiscal, administrative and project oversight responsibilities
require more structure; and
Whereas the forming of this Consortium pursuant to RCW 39.34.030 and RCW
35.21.730 through 35.21.759 will provide the additional structure that is required; and
Whereas the rights established for each participant in each Fiber Optic Project
Agreement shall not terminate with the replacement of the Fiber Interlocal.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
ESTABLISHMENT OF THE CONSORTIUM
The purpose of this Agreement is to create the Community Connectivity Consortium
"Consortium The Consortium shall be created as a separate legal entity as
authorized by RCW 39.34.030 and shall be a public corporation pursuant to RCW
35.21.730 through 35.21.759. Upon approval and execution of this Agreement and
approval of the form of the Consortium Charter by nine (9) members, the Consortium
Charter shall be adopted by Ordinance by the City of Kirkland and then executed and
issued by the City of Kirkland.
The mission of the Consortium is to create a vibrant and competitive region by providing
connectivity services to meet the needs of our community institutions hospitals,
universities, schools and government agencies. The Consortium shall have the
following purposes:
A. Create a regionally coordinated, open- access network that leverages the
assets and resources of the members using strategic opportunities to provide
low -cost, stable, robust, efficient connectivity services to members and their
communities.
Consortium Interlocal Final Page 2 of 8
115
B. Ensure the network infrastructure remains free of encumbrance and can be
used for innovative opportunities by members.
C. Develop and enhance working relationships among members and explore
ways to the use the network collaboratively to make our community a better
place to live, work and play by sharing risks and rewards equitably.
D. Explore public /private partnerships to the benefit of the members and
member communities.
E. Achieve economies of scale through collaboration and coordination of
projects and investments.
F. Balance current needs with future needs in decision making to achieve lower
long -term costs.
PARTIES TO AGREEMENT
Each Party to this Agreement certifies that it intends to and does contract with all other
Parties who are signatories of this Agreement and, in addition, with such other Parties
as may later be added to and become signatories of this Agreement. Each current and
all future signatories to this Agreement shall be considered Parties hereto so long as the
signatory is a Voting Member of the Consortium.
IV. MEMBERSHIP /MEETINGS
Membership in the Consortium shall be limited to government agencies authorized to
become signatories to an Interlocal Agreement as authorized by RCW 39.34.030, and
who contribute assets, resources, and /or shared services for the benefit of Members.
The addition of new Members shall be subject to the approval of a simple majority of the
Consortium Board, as established by the Consortium, to manage its operations.
V. GENERAL PROVISIONS
A. Duration: This Agreement shall commence upon full execution and continue
to remain in existence as long as it has Consortium Members.
B. Work Prod uct/Confidentiality: All work product including records, data,
information, documents, files, designs, sketches, finished or unfinished
documents or other documents, material or data produced in performance of
this Agreement shall become the property of the Consortium. All such work
product shall be kept confidential by all of the Consortium Members and the
Member's employees and agents and shall not be made available to any
individual or organization by any Consortium Member without the prior written
consent of the Consortium Board or unless required pursuant to court order,
the Public Disclosure Act RCW 42.56 or other applicable law.
Consortium Interlocal Final Page 3 of 8
116
C. Termination: Upon 180 days written notice by a Consortium Member, this
Agreement may be terminated and /or dissolved by a vote of 3 of the voting
Consortium members at the next Consortium annual meeting. In the event
this Agreement is terminated and /or dissolved, assets shall be distributed by
the Consortium Board among Consortium Members after paying or making
provisions for the payment of all debts, obligations, liabilities, costs and
expenses of the Consortium. The distribution shall be based on the following:
1. Non -cash assets contributed without charge by a Consortium
member shall revert to the contributor. If the contributor is no longer a
member, then the asset shall be treated as if it was acquired with
Consortium funds.
2. The Consortium Board shall conduct a valuation of all remaining
assets. Assets acquired, using Consortium funds, after the effective date
of this Agreement shall be sold by the Consortium Board, if appropriate,
and the money or asset value distributed to those members still
participating in the Consortium on the day prior to the termination date.
The distribution shall be apportioned by taking the percentage that a
Member has contributed to the total Consortium budget over the existence
of this Agreement and applying that percentage to the remainder of the
assets, resulting in the amount each Member shall receive upon
distribution. Assets acquired after the effective date of this Agreement by
the Consortium via grant funds shall be distributed in accordance with the
terms of the grant and if no such provision exists in the grant, then
distributions shall be in accordance with the terms of this Agreement. A
Member can elect to take an asset in lieu of money.
If the Consortium Board is unable to fulfill these duties, any such asset not so
disposed of may be disposed of by a Court of Competent Jurisdiction of the
county in which the principal office of the Consortium is then located.
D. Miscellaneous: This Agreement constitutes the entire agreement of the
parties. No provision of the Agreement may be amended or modified except
by written agreement signed by at least 3/4 of all Voting Members. This
Agreement shall be binding upon and inure to the benefit of the Parties'
successors in interest and assigns. This Agreement does not confer upon
any persons other than the current and all future Parties any rights or
remedies under this Agreement. Any provision of this Agreement which is
declared invalid or illegal shall in no way affect or invalidate any other
provision. The venue for any dispute related to this Agreement shall be King
County, Washington. Time is of the essence of this Agreement and each and
all of its provisions in which performance is a factor. This Agreement may be
executed in counterparts.
Consortium Interlocal Final Page 4 of 8
117
This Agreement has been executed by each party on the date set forth below:
CITY OF BELLEVUE
By:
Its:
Date:
Approved as to form:
LAKE WASHINGTON SCHOOL
DISTRICT NO. 414
By:
Its:
Date:
Approved as to form:
Consortium Interlocal Final
Page 5 of 8
CITY OF KIRKLAND
By:
Its:
Date:
Approved as to form:
UNIVERSITY OF WASHINGTON
By:
Its:
Date:
Approved as to form:
118
BELLEVUE COLLEGE
By:
Its:
Date:
Approved as to form:
KING COUNTY PUBLIC HOSPITAL
DISTRICT NO. 2 d /b /a Evergreen
Healthcare
By:
Its:
Date:
Approved as to form:
CITY OF RENTON
By:
Its:
Date:
Approved as to form:
Consortium Interlocal Final
Page 6 of 8
BELLEVUE SCHOOL DISTRICT NO. 405
By:
Its:
Date:
Approved as to form:
CITY OF FEDERAL WAY
By:
Its:
Date:
Approved as to form:
RENTON SCHOOL DISTRICT NO. 403
By:
Its:
Date:
Approved as to form:
119
CITY OF SEATTLE
By:
Its:
Date:
Approved as to form:
CITY OF AUBURN
By:
Its:
Date:
Approved as to form:
CITY OF PACIFIC
By:
Its:
Date:
Approved as to form:
Consortium Interlocal Final
Page 7 of 8
CITY OF ALGONA
By:
Its:
Date:
Approved as to form:
CITY OF KENT
By:
Its:
Date:
Approved as to form:
CITY OF PUYALLUP
By:
Its:
Date:
Approved as to form:
120
CITY OF TUKWILA VALLEY COMMUNICATIONS CENTER
B
By' y: Its:
ts:
Date:
Date:
Approved as to form: Approved as to form:
Consortium Interiocal Final
Page 8 of 8
121
January 20121 Connecting Washington Communities
Community
Connectivity
Consortium
History
The consortium started in 2003 with a joint fiber project between the Lake
Washington School District and City of Kirkland. It then expanded to include the
University of Washington, Evergreen Hospital and the City of Bellevue. Followed
quickly by the addition of Bellevue School District, Bellevue College, City of Renton,
Renton School District, and City of Seattle. In 2011 the Consortium was formally
organized as a government agency. The consortium continually finds opportunities
to build out a fiber network on the eastside of Lake Washington to 'ring the Lake.'
Our current focus is to extend into south King County and 'expand in the Valley',
with the addition of Auburn and other cities.
We have built over 35 miles of fiber optic cable, creating strategic connection
points along the way. Our partners use the fiber network to:
Connect schools and universities to enhance learning.
Connect hospitals, medical facilities and clinics to improve healthcare.
Connect government facilities for public safety, transportation and other
needs.
Provide an open access network to serve the public with wireless and
broadband access.
Future
Now that there are major connection points in Kirkland, Bellevue and soon Renton,
we intend over the next five years to:
Create a vibrant and competitive region by providing connectivity to meet
the needs of our community institutions hospitals, schools, city halls,
public safety agencies.
Expand the use of our fiber network to support new applications and needs.
Build resiliency in our network and for our partners by adding redundancy
and connecting with other regional networks.
Ensure a sustainable organizational, governance and management structure
to make sound. Iona -term decisions benefiting our customers.
Current Membership
Bellevue College
Bellevue School District
City of Algona
City of Auburn
City of Bellevue
City of Federal Way
City of Kent
City of Kirkland
City of Pacific
City of Puyallup
City of Renton
City of Seattle
City of Tukwila
Evergreen Hospital
Lake Washington School District
Renton School District
University of Washington
Valley Communications Center
Membership is through an interlocal
government agreement.
0
122
Current Focus
Awarded: US Department of
Homeland Security Urban Area Governance: Consortium
Security Initiative (UASI) 2009 grant reformed as a Non profit public
for $600K to complete `ring' corporation effective October 18,
through Renton 2011.
Awarded: UASI 2010 grant
proposal for $678K to connect to
Seattle fiber network and connect
to Westin and the PNW Gigapop.
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Important Contacts
Brenda Cooper, Board Chair
CIO, City of Kirkland
bc000erOci.kirkland.wa. us
425.587.3051
Stosh Morency, Board Vice -Chair
Director of MI5, Renton School District
stosh. morencv0rentonschools.us
425.204.2270
Chelo Picardal, Board Member
CTO, City of Bellevue
coicarda l(@ bel levuewa.eov
425.452.6106
Lorrie Rempher, Board Member
CIO, City of Auburn
Iremoher(@aubu rnwa.eov
253.288.3160
Mehdi Sadri, Board Member
Director, Information Technology
City of Renton
msadrit?a rentonwa.eov
425.430.6886
Andy Stankovics, Board Member
Telecom Projects Manager
City of Seattle
Andv.Stankovicsna seattle.eov
206.386.4029
Pamela K. Steward, Board Member
Executive Director, Planning Facilities
Infrastructure
University of Washington
nks(&uw.edu
206.685.7955
Lora Ueland, Board Secretary
Director
Valley Communications Center
lorau (@va llevcom.ore
253.372.1510
George McBride
Consultant
emebridet@em2.co
206.575.8559
1 17P' No 10 tfJl61 f f r'sN' r 'l6l
How can we be more Competitive?
A small- midsize organization can easily exceed T3 -level capacity with its normal web traffic, video
streaming, document sharing, data transfer and email volume. Commercial rates for a
comparable T3 service (44 mbps) can range from $3,000 to $5,000 per month. Rates for 1 gbps
service start around $7,000 per month.
A residential customer can easily exceed cable modem capacity (1 -6 mbps) with its television,
internet, voice and gaming use. Rates start around $80 per month.
123
How much bandwidth is enough?
a
1908
City of Tukwila
Washington
Resolution No. I �7 0 Y
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO AN
INTERLOCAL AGREEMENT TO JOIN AND PARTICIPATE IN PROJECTS
WITH THE MEMBERS OF THE FIBER OPTIC CONSORTIUM.
WHEREAS, in 2003, the City of Kirkland, the City of Bellevue, the Lake
Washington School District and the University of Washington formed a consortium to
install fiber optic infrastructure throughout the school district, connect the two cities,
and begin the process of connecting satellite campuses and other educational
institutions to the University; and
WHEREAS, the City of Renton and the Renton School District joined the
consortium in 2006, and Valley Communications and the Cities of Auburn, Puyallup
and Federal Way joined in 2009; and
WHEREAS, many of the consortium members have potential interest in connecting
to other government agencies, educational institutions and technology -based businesses
within the City of Tukwila, and as a member of the consortium, the City of Tukwila will
have the ability to connect to other partner agencies and work with any of the partner
agencies that desire connectivity through our City; and
WHEREAS, the Tukwila City Council believes it is in the best interest of the City of
Tukwila to join in the planning of consortium projects and that participation in the
consortium will help shape the future of the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Mayor is authorized to enter into an Interlocal Agreement for
sharing fiber optic installation projects with the members of the consortium.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Council Meeting thereof this 57f! day of 1 2010,
ATTEST/ AUTHENTICATED:
k 1, 6 T A 4
Christy O'Flahgrty,CMC, City C114rk
APPROVED AS TO POfW BY:
Office of the City Attorney
t W'
ennis Robertson, Council President
Filed with the City Clerk:
Passed by the City Council:! S
Resolution Number: 0 0
Attachment: Addendum 49 for Sharing Fiber Optic Installation Products
W: \Word Processing\ Resolutions\ Fiber Optic Consortium.doc
MM:MH:ksn 03/29/2010
Page 1 of 1
124
ADDENDUM #49
GENERAL TERMS and CONDITIONS
For Sharing of Fiber Optic Installation Projects
WHEREAS, the City of Bellevue, the City of Kirkland, the City of Renton, the City of
Seattle, the City of Auburn, the City of Federal Way, the City of Puyallup, the Lake Washington
School District, the Renton School District, the Bellevue School District, the University of
Washington, Bellevue College, Valley Communications Center, and Evergreen Hospital, (the
"Participating Agencies have entered into the General Terms and Conditions for Sharing of
Fiber Optic Installation Projects, and;
WHEREAS, the City of Tukwila desires to participate in the planned and future Fiber
Optic Projects but cannot because it is not a Participating Agency subject to the General Terms
and Conditions for Sharing of Fiber Optic Installation Projects, and;
WHEREAS, the current Participating Agencies desire to amend the General Terms and
Conditions for Sharing of Fiber Optic Installation Projects to add the City of Tukwila as a
Participating Agency for participation in the planned and future Fiber Optic Projects;
NOW THEREFORE, the parties hereby agree as follows:
1) All terms in this Addendum shall have the same meaning as the defined terms in
the General Terms and Conditions for Sharing of Fiber Optic Installation Projects.
2) The City of Tukwila hereby acknowledges that it has read, understands and
accepts the General Terms and Conditions for Sharing of Fiber Optic Installation Projects,
hereby incorporated by reference as if fully set forth, and agrees to be bound by them.
3) As provided in Section IX, paragraph N, the current Participating Agencies
hereby amend the General Terms and Conditions for Sharing of Fiber Optic Installation Projects
to add the City of Tukwila as a Participating Agency, and the City of Tukwila, by executing this
agreement, consents to becoming a Participating Agency.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum to the
General Terms and Conditions for Sharing of Fiber Optic Installation Projects on the respective
dates indicated below.
Approved as to Form:
David Ramsay Date City Attorney
City Manager, City of Kirkland
Approved as to Form:
Steve Sarkozy Date City Attorney
City Manager, City of Bellevue
125
Weldon Ihrig Date
Executive Vice President
University of Washington
Barbara Posthumus Date
Coordinator Business Services
Lake Washington School District
Tom Martin Date
Chief Information Officer
Evergreen Hospital
Jack McLeod Date
Director, Facilities and Information Services
Bellevue School District
Denis Law Date
Mayor, City of Renton
Stanley Morency Date
Director of Information Services
Renton School District 403
B. Jean Floten
President
Bellevue College
Date
2
Approved as to Form:
City Attorney
Approved as to form:
Assistant Attorney General
126
William M. Schrier
Chief Technology Officer
City of Seattle
Pete Lewis
Mayor, City of Auburn
Jack Dovey
Mayor, City of Federal Way
Suzette Cooke
Chair, Administrative Board
Valley Communications Center
Jim Haggerton
Mayor, City of Tukwila
Kathy Turner
Mayor, City of Puyallup
Date
Date
Date
Date
Approved as to Form:
City Attorney
Approved as to Form:
City Attorney
Approved as to Form:
Date City Attorney
Approved as to Form:
Date
3
City Attorney
127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ACKNOWLEDGING THE FORMATION OF THE
COMMUNITY CONNECTIVITY CONSORTIUM (CCC), A PUBLIC
CORPORATION, AND APPROVING ITS CHARTER; AUTHORIZING
THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT TO
JOIN THE CCC —ALONG WITH OTHER GOVERNMENT AGENCIES-
FOR THE CONSTRUCTION AND MANAGEMENT OF FIBER OPTIC
PROJECTS; AND REPEALING RESOLUTION NO. 1708.
WHEREAS, the City of Tukwila is a participant and member of the Regional Fiber
Consortium, the purpose of which is to construct and operate regional fiber optic
facilities; and
WHEREAS, the current members of the Regional Fiber Consortium, along with new
local government agencies, wish to establish a public corporation called the Community
Connectivity Consortium (CCC) and enter into a new interlocal agreement that updates
and streamlines the CCC's policies and procedures; and
WHEREAS, the purpose of the CCC is to acquire, construct, operate, manage and
maintain a regional communications network that meets the needs of community
institutions including, but not limited to, government agencies, hospitals, schools and
universities; and
WHEREAS, Chapter 39.34 RCW authorizes the City of Tukwila to enter into an
interlocal cooperation agreement to perform any governmental service, activity or
undertaking that each contracting party is authorized by law to perform, and RCW
35.21.730 through 35.21.759 authorizes the formation of a public corporation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council of the City of Tukwila hereby acknowledges the
creation of a public authority by the City of Kirkland designated as the Community
Connectivity Consortium. The ordinance adopted by the City Council of the City of
Kirkland, along with a Charter for the CCC, are attached hereto as Exhibits A and B
respectively. The City Council of the City of Tukwila hereby endorses the formation of
WAWord Processing -C ity\Resolutions\Community Connectivity Consortium 1 -9 -12
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128-
the CCC by the City of Kirkland with the approval of such ordinance and Charter
substantially in the form presented to this Council.
Section 2. The Mayor of the City of Tukwila is hereby authorized and directed to
execute on behalf of the City of Tukwila an interlocal agreement substantially similar to
that attached as Exhibit C, entitled "Interlocal Agreement Establishing the Community
Connectivity Consortium."
Section 3. The CCC is an independent legal entity exclusively responsible for its
own debts, obligations and liabilities. All liabilities incurred by the CCC shall be
satisfied exclusively from the assets and credit of the CCC. No creditor or other person
shall have any recourse to the assets, credit or services of the City of Tukwila on
account of any debts, obligations, liabilities, acts or omissions of the CCC.
Section 4. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 5. Resolution No. 1708 is hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2012.
ATTESTJAUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk Verna Seal, Council President
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Attachments: Exhibit A, Ordinance adopted by the City Council of the City of Kirkland
Exhibit B, Charter of the Community Connectivity Consortium
Exhibit C, Interlocal Agreement Establishing the Community Connectivity
Consortium
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130
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
UTILITIES COMMITTEE
FROM: Bob Giberson, Public Works Directo
DATE: January 20, 2012
SUBJECT: GIS Aerial Photos
2012 Regional Aerial Mapping Funding Agreement
ISSUE
Approve an interlocal funding agreement with King County for the 2012 Regional Aerial Mapping Project.
BACKGROUND
Detailed, accurate and up to date aerial photos and related GIS data are city -wide resources which aid City staff, Council
Members, Planning Commissioners and the public in analyzing existing conditions and proposed changes such as re- zones,
private development proposals and infrastructure projects. They are used daily in mapping, design work, the NW Maps
application, and public presentations. As the City continues to develop, there is a need for updated information especially
with the recent Tukwila South annexation and projects like the Southcenter Pkwy Extension and TUC Access (Klickitat).
In past years, the City has independently purchased aerial photography and GIS data. In 2000, the City originally purchased
aerial photos and other GIS data (building footprints, edge of pavement, sidewalks, driveways, etc) for a total of
approximately $80,000.00 and, in 2005, we had new photos taken, as well as had our GIS data updated for $34,000.00. In
2009, photos were purchased through King County (without GIS data updates) for approximately $3,000.00.
For 2012 it has been decided to obtain higher quality photos (0.25 ft pixel resolution) as well as update our building
footprints, pavement, and digital elevation models through the E- CityGov Alliance (a consortium of cities for web -based
applications). Early in discussions, the E- CityGov Alliance learned that King County was also interested in a 2012 flight for
aerial photos. In the interest of efficiency and a substantial cost savings, the E- CityGov Alliance made the decision to partner
with King County. Other jurisdictions in the Puget Sound region were contacted and there are now over 45 agencies that are
participating in the 2012 aerial flight. The specifications for the flight and GIS data were approved by all agencies. Council
approval is required for all Interlocal agreements.
ANALYSIS
King County opened 5 bids on January 5, 2012 ranging from $841,554.10 to $1,755,485.92. With the 45 agencies, Tukwila's
share ranges from $9,069.69 to $27,752.77, with the lowest bid from I -Ten. To date, King County has not selected the final
responsive bidder, but requests that the Interlocal be approved with payment by February 29, 2012. The aerial flight must be
completed by April 30, 2012 for optimal results (with "leaf off' tree conditions). Due to these time constraints, we are asking
Council approval for the highest bid with a "not to exceed" total of $31,915.69 (aerial photos /data $27,752.77 15%
contingency of $4,162.92). With five bidders, we believe that this amount will be less, but the budget is sufficient to cover the
highest bid.
Bid Results 2012 Budget
King County Contract Tukwila's portion) $9,069.69 $27,752.77 $35,000.00
RECOMMENDATION
Council is being asked to approve the interlocal funding agreement with King County for the 2012 Regional Aerial Mapping
project in the amount not to exceed $31,915.69 and consider this item at the February 13, 2012 Committee of the Whole
meeting and subsequent February 20, 2012 Regular Meeting.
Attachments: King County Regional Aerial Mapping Funding Agreement
King County Bid Tabulation
WAPW EngQTHER1Roman Linsao12012 Regional Aerialsllnfo Memo 2012 Regional Aerial Photos.doc
131
I
2012 Regional Aerial Mapping Funding Agreement
This Funding Agreement (Agreement) is entered into by and among: the City of
Algona, the City of Auburn, the City of Bainbridge Island, the Bainbridge Island Fire
Department, the Bainbridge Island Land Trust, the Bainbridge Island Metro Park and
Recreation District, the City of Bellevue, the City of Bothell, the City of Bremerton, the
City of Burien, the City of Clyde Hill, the City of Covington, the City of Des Moines, the
City of Enumclaw, the City of Federal Way, the City of Issaquah, the King County Water
District 125, the City of Kenmore, the County of King, the City of Kirkland, the County
of Kitsap, the Kitsap Public Utility District, the Lakehaven Utility District, the City of
Lynnwood, the City of Maple Valley, the City of Medina, the City of Mercer Island, the
Midway Sewer District, the Muckleshoot Tribe, the City of Newcastle, the City of
Normandy Park, the North Kitsap Fire and Rescue, the City of Pacific, the City of
Poulsbo, Puget Sound Energy, the City of Redmond, the City of Renton, the City of
Sammamish, the City of Seattle, the City of Shoreline, the S'Klallam Tribe, the City of
Snoqualmie, the Suquamish Tribe, the City of Tukwila, the Tulalip Tribe, the United
States Geological Survey, the Valley View Sewer District, the West Sound Utility
District, the City of Woodinville, the City of Yarrow Point, and other counties, cities and
governmental service agencies that later join (hereinafter "Party" or Parties
RECITALS
WHEREAS, the Parties to this Agreement consist of a consortium of local governmental
entities, including counties, cities, and governmental services agencies; and
WHEREAS, this funding agreement is authorized by chapter 39.34 RCW, the Interlocal
Cooperation Act, which allows local governmental entities to make efficient use of their
resources by cooperating with each other on a basis of mutual advantage to meet the
needs of local communities; and
WHEREAS, the purpose of this Agreement is to permit the Parties to cooperate on the
funding of a 2012 Regional Aerial Mapping Project (Project); and
WHEREAS, the Project will utilize vendor services for the production of orthoimagery
and related aerial mapping, and include a structure for funding, governance, technical and
administrative management, and quality control /quality assurance (QC /QA) of
deliverables from the selected vendor (Vendor); and
WHEREAS, agencies throughout the Pacific Northwest region regularly engage in joint
operations and provide mutual assistance through effective interagency cooperation.
Jointly funding the Project will optimize the agencies' powers and resources, and ensure
a standardized product for all participants; and
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2
WHEREAS, this Agreement will provide substantial benefit to the citizens of the
participating governmental agencies;
NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as
follows:
I. PROJECT DESCRIPTION
All Project details, technical specifications, and deliverable descriptions will
appear in the Statement of Work (SOW) to be developed for inclusion in the Invitation to
Bid (ITB). Bid submittals will be reviewed, including reference checks. Any bid failing
to meet all requirements of the SOW will be rejected. All other bids will be considered
accepted and will be ranked based on price. The lowest priced, accepted bid that fully
meets all requirements of the SOW will constitute the contract between King County (as
representative of the signatories of this Agreement), and the Vendor. The primary Project
goal (Standard Deliverables) is 3 -inch, 6 -inch, and 12 -inch resolution orthoimagery, both
natural color and near infrared, as well as stereo models, and supporting data. Project
costs are shared where Areas of Interest (AOIs) overlap, in turn reducing each Party's
financial commitment. A secondary Project goal (Supplemental Deliverables) is ancillary
datasets such as transportation impervious, structure rooflines, other impervious surfaces,
and detailed contours derived from the Standard Deliverables. These costs will be paid
solely by those Parties providing an AOI for these products, discounted for any savings
from overlap among the AOIs.
II. PROJECT MANAGER
King County shall appoint a King County Project Manager (PM) to manage
the Vendor contract on a day -to -day basis. The PM shall report to and make
recommendations to the Project Steering Committee (PSC) on the matters
described in Section III.2 below, and shall be readily accessible via phone and
e -mail by all Parties. The PM shall remain an employee of King County at all
times, and King County shall retain the right and duty to supervise the PM at
all times. King County will assume all personnel costs associated with project
management for the Project.
2. The duties of the PM shall include:
a. Form subcommittees and workgroups as needed by the Project, and as
directed by the PSC, including a Technical Work Group (TWG).
b. In consultation with the TWG, work with, as necessary and as
available, supplemental personnel resources as described in Section V.
c. Prepare a cost allocation model for review and acceptance by the PSC.
Upon acceptance, populate the model with required data to provide
each Party with accurate cost estimates, and a final cost once a bid has
been accepted.
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d. Coordinate with King County Procurement to incorporate the SOW
into an ITB; advertise the ITB; address any bid addendums; and
evaluate, rank, and summarize bid submittals for review by the TWG
and the PSC.
e. Prepare written justification for all bids that are rejected.
f. Manage the Vendor contract on a day -to -day basis and provide
direction and guidance to the Vendor as requested by the PSC.
g. Report to the PSC and the TWG frequently on the Vendor's progress.
h. Account for delivery of all Standard and Supplemental Deliverables,
including a defined, but limited, quality check, and coordinate the
more detailed QC /QA reviews to be performed by the TWG.
i. Submit Vendor change order requests to the TWG and the PSC for
evaluation and determination of response.
j. Submit Vendor invoices to the PSC and direct payment of such
invoices by the Fiscal Agent upon approval of the invoice by the PSC.
The PM will provide staff support for and participate in PSC meetings, but
shall not be a voting member of the PSC.
III. PROJECT STEERING COMMITTEE
A Project Steering Committee (PSC) shall be formed and shall consist of one
voting representative from each Party that is a signatory to this Agreement.
The TWG will provide one voting representative to the PSC. The PM, as a
non voting member of the PSC, will provide coordination among the PSC, the
TWG, and the Vendor. The King County GIS Manager, as the King County
representative, will serve as the Chair of the PSC.
2. The PSC shall direct the PM on all substantive decisions concerning the work
and shall review and take final action on the following specific items:
a. Approve the Project methodology and calculations for cost allocation
developed by the PM.
b. Approve the SOW jointly developed by the TWG and the PM prior to
issuance of the ITB. The SOW will include a schedule for completion
of the entire Project.
c. Review and approve joint recommendations by the PM and the TWG
on the lowest -cost bid submittal that meets all requirements of the
SOW.
d. Determine a contingency percentage to be applied to the cost
allocation model in addition to the Vendor contract price as set forth in
Section VII.2.
e. Receive reports from the PM for management of the Vendor contract
and deliverables.
f. Approve the Quality Control /Quality Assurance (QC /QA) Plan
developed jointly by the PM and the TWG. Review and approve
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QC /QA results developed and submitted jointly by the PM and the
TWG, including rejected deliverables and a timeline for redelivery.
g. Evaluate and provide direction to the PM regarding change order
requests whether initiated by the Vendor or by a member or members
of the PSC.
h. Authorize Vendor payments as submitted by the PM.
i. Develop administrative policies necessary for proper functioning of
the PSC, and provide direction for the TWG and other ad hoc groups
as may be necessary.
3. Each representative of the PSC may appoint an alternate representative who
shall be empowered to act on behalf of the primary representative.
4. The PSC will make decisions by consensus. However, if consensus cannot be
reached, any PSC member may call for a vote. Matters must be approved
either by a simple majority of all members present at a meeting, or if the
matter is proposed by email in accordance with Section III.5, by a simple
majority of the PSC members.
5. Meetings of the PSC shall be held on an as- needed basis. Meetings may be
scheduled at the request of the Chair of the PSC, the PM, or by a majority of
the PSC members. The Chair shall be responsible for the logistics of
scheduling PSC meetings. Attendance may be in person or via
teleconferencing. When required, voting by email will be acceptable.
IV. TECHNICAL WORK GROUP
1. The responsibilities of the Technical Work Group (TWG) shall include:
a. Create a SOW for the Project and submit the SOW to the PSC for its
approval.
b. Review bid(s) ranked by the PM and provide a recommendation to the
PSC on ranked bid(s), if any.
c. Perform necessary QC /QA for Project deliverables and report results
to the PM for communication to the Vendor.
d. Execute any other tasks as may be required by the PSC.
2. The TWG will provide one voting representative to the PSC.
3. The TWG shall consist of one voting representative from each Party that is a
signatory to this Agreement. A Party's PSC representative may also represent
the Party on the TWG.
4. The TWG will make decisions by consensus. However, if consensus cannot
be reached, any TWG member may call for a vote. Matters must be approved
either by a simple majority of all members present at a meeting, or if the
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135
matter is proposed by email in accordance with Section IV.5, by a simple
majority of the TWG members.
5. Meetings of the TWG shall be held on an as- needed basis. Meetings may be
scheduled at the request of the chair of the PSC, the PM, or by a majority of
the TWG members. The PM shall be responsible for the logistics of
scheduling TWG meetings. Attendance may be in person or via
teleconferencing. When required, voting by email will be acceptable.
V. SUPPLEMENTAL RESOURCES
1. The PM, in consultation with the TWG, may work with, as necessary and as
available, supplemental resources with demonstrated technical expertise
related to the project. Contemplated supplemental resources include a
registered photogrammetrist (or equivalent expertise); and supplemental
project management with proven production and regional project experience.
2. Supplemental resources, when provided, will be beneficial to the project
participants. All project costs associated with a registered photogrammetrist
(or equivalent expertise) shall be borne by King County; and all supplemental
project management costs shall be borne by the Party providing the support.
VI. FISCAL AGENT
King County, acting as fiscal agent for the Project, shall:
a. Enter into a Vendor contract.
b. Validate the cost for each Party.
c. Invoice each Party in accordance with this Agreement.
d. Maintain Project funds in the King County Imagery Reserve, a
separate, non interest bearing fund managed by King County GIS
Fund 5481, to be disbursed as provided in this Agreement.
e. Pay Vendor invoices approved by the PSC.
f. Refund excess funds, if necessary.
2. King County shall perform and maintain an accounting of payments received
from all Parties including: billings received from the Vendor, payments made
to the Vendor, and unspent funds. King County shall provide a statement of
this accounting to all Parties in email or writing quarterly or upon written
(including e-mail) request.
3. Upon receipt of a notice of any record keeping dispute, King County shall
notify all Parties and meet jointly with all interested PSC members within two
(2) weeks to resolve any record keeping dispute.
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6
VII. CONTRIBUTIONS BY PARTIES
1. By executing Counterparts, Section XIX of this Agreement, each Party agrees
to pay its required monetary contribution, as stated on the signature page, for
all Standard and Supplemental Deliverables for its AOI.
2. The actual contribution for each Party (exclusive of grant funds) shall be
calculated once the Vendor contract price is set, using the cost allocation
model set forth below, which will include a contingency percentage to be
determined by the PSC. Cost allocation model for Standard Deliverables
(imagery and supporting data): Each Party's funding commitment will be
factored as the cost per full 3000 -ft x 3000 -ft tile (Tile) that intersects its AOI,
discounting for significant areas of water. For Tiles where AOIs overlap, the
cost will be prorated equally among the affected Parties. Cost allocation
model for Supplemental Deliverables: Each Party's commitment will be
factored as the deliverable unit cost times the area of the Party's AOI for that
deliverable. Where AOIs overlap for the same deliverable, the cost will be
prorated equally among the affected Parties. It is the sole responsibility of any
affected Party to define the SOW requirements for its Supplemental
Deliverables and to pay full costs, if not prorated with another Party.
3. By signing this Agreement, each Party commits to paying its full contribution
to the King County Imagery Reserve Fund by 4 p.m., January 31, 2012. Any
qualifications to this commitment will be stated in Counterparts, Section XIX,
for that Party. An invoice will be generated for each Party.
4. All payments to the King County Imagery Reserve Fund shall be made by
check payable to King County Finance, and sent to King County GIS, 201 S
Jackson St, Suite 706, Seattle, WA 98104, Attn: Katy Cressey.
5. By signing this Agreement each Party is committing to license the primary
Standard Deliverables (orthoimagery and supporting data) for its AOI
resulting from this Project. Default licensing terms will apply unless Party
specific licensing terms are included in the SOW. Each Party requiring
licensing language different than the default will provide such language for
inclusion in the SOW. In contrast, Supplemental Deliverables will be
purchased (owned outright) by each Party committing to this Agreement.
6. Except for a contingency amount, as determined by the PSC, King County
shall not collect funds in excess of the Vendor contract price unless the
contract price has been amended with a PSC- approved change order. All
funds collected by King County shall be used solely to pay the Vendor for
work completed under the Vendor contract. King County shall not collect,
receive or retain any of these funds for project management, administrative
fees, or other actions it performs under this Agreement. Should there be an
excess of funds, King County will refund any excess if greater than $10, and if
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137
the affected Party specifically requests the refund. Any excess not refunded
shall remain in the Imagery Reserve Fund for use in subsequent regional
imagery acquisitions, until this Agreement (or as amended) expires, at which
time all remaining funds will be refunded to the affected Parties.
7. If a Party's contribution is made up in whole or in part of grant funds, the
Party agrees to provide King County with a copy of the contract between itself
and the grant funding agency in order to assist King County and the PSC in
complying with the requirements of any such grant. The grant contract shall
be provided as soon as possible after committing to this Agreement, and no
later than when the Party deposits its funds with King County.
8. In addition to the fiscal commitment for funding the Standard Deliverables
and optional Supplemental Deliverables, Parties may, but are not required to,
contribute as follows:
a. Participate as a member or alternate to the PSC.
b. Participate as a member of the TWG or other committee. This may
include assisting in establishing ground control, developing
specifications for Supplemental Deliverables required by the Party,
and developing QC /QA procedures for Standard and Supplemental
Deliverables required by the Party.
c. Perform all detailed QC /QA of Standard and Supplemental
Deliverables (if any) for its AOI using a TWG defined plan and
schedule. (The PM will perform limited, baseline assessment of the
Standard Deliverables only).
VIII. ADDITION OF PARTIES
1. An entity may be added to this Agreement as long as the entity signs this
Agreement by 4 p.m. December 2, 2011, or by 4 p.m. on the fourteenth (14th)
day after the PSC selects a winning bidder, if after December 2 2011.
2. A Party added to this Agreement shall make full payment to the King County
Imagery Reserve Fund by 4 p.m. January 31, 2012. A Party may contribute its
share from its budget for either FY 2011 or FY 2012.
3. Any entity who wishes to participate in the Agreement after the date
established in VIII.1 may become a Party by contributing the required funds
to the King County Image Reserve Fund. This contribution will be the full
cost (not prorated if shared by other Parties) of a Tile, if a Standard
Deliverable, or the applied unit cost, if a Supplemental Deliverable. Any funds
due to a Party, whose cost would have otherwise been prorated due to the
additional Party, will be managed per Section VII.6.
IX. INDEPENDENT CONTRACTOR
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The services provided by King County under this Agreement are those of an
independent contractor. Employees of King County are and will remain employees of
King County. Employees of the other Parties are and will remain employees of their
respective Parties. Nothing in this Agreement shall be construed to render the Parties
partners or joint venturers.
X. INDEMNIFICATION
Each Party shall defend, protect and hold harmless the other Parties from and
against all claims, suits and/or other actions arising from any negligent or intentional act
or omission of that Parry's employees, agents and/or authorized subcontractor(s) while
performing this Agreement.
XI. AMENDMENT
The Parties may amend this Agreement. Such amendments shall not be binding
unless in writing and signed by personnel authorized to bind each of the Parties.
XII. CHOICE OF LAW AND VENUE
This Agreement shall be governed by the laws of the State of Washington, both as
to interpretation and performance. Any action at law, suit in equity or other judicial
proceeding for the enforcement of this Agreement shall be instituted only in a court of
competent jurisdiction in King County.
XIII. INTEGRATION CLAUSE
This instrument embodies the entire agreement of the Parties with respect to
funding of the Vendor contract. There are no promises, terms, conditions or obligations
other than those contained in this Agreement. This Agreement supersedes all previous
communications, representations or agreements, either oral or written, between any Party
and King County.
XIV. TERMINATION CLAUSE
In the event that King County decides not to hire a Vendor, this Agreement will
terminate and all Parties will receive a full refund of their contributed funds.
XV. NO ASSIGNMENT
The Parties shall not subcontract, assign, or delegate any of their rights, duties or
obligations under this Agreement without the express prior written approval of King
County.
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XVI. DISPUTES
In the event that a dispute arises under this Agreement, the Parties shall endeavor
to resolve the dispute in an amicable manner by direct discussions. The Parties may
elevate the dispute to the PSC for resolution. If not resolved by the PSC by mutual
agreement, then the Parties may engage in alternative dispute resolution by mutual
agreement. No party waives its rights to seek legal remedy in the jurisdiction and venue
stated in Section XII.
XVII. NOTICES
All notices and other communications shall be given to the PM and all notices and
other communications to the other Parties shall be given to the PSC member for each
Party. Notices shall be given in writing and shall be sufficiently given and shall be
deemed given three (3) calendar days after the date by which the same has been (a)
mailed by certified mail, return receipt requested, postage prepaid, to the mailing address
shown adjacent to the signatures of the Party to whom it is addressed or (b) sent by email,
with adequate proof of receipt retained by the sender, to the email address shown
adjacent to the signatures of the Party to whom it is addressed. Any of the Parties may,
by notice to all other Parties, designate any further or different addresses to which
subsequent notices or other communications shall be sent.
XVIII. EFFECTIVE DATE; TERM
Notwithstanding when this Agreement is signed, this Agreement shall take effect
following its execution by each Party and shall expire at the end of 2014 unless
terminated sooner. This Agreement may be amended to allow it to be used for subsequent
coordinated data collection efforts, including, but not limited to, future orthoimagery
acquisitions.
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XIX. COUNTERPARTS
Comment: Each Party will be provided with its unique COUNTERPARTS page. Besides
the signature block this page will contain:
a. Cost generated by Cost Allocation Models for Standard
Deliverables and Supplemental Deliverables, as well as the total of
these two costs.
b. Specific terms of payment for those Parties with requirements for
meeting its financial contribution in a different manner than stated
in the main body of the Agreement. For example: (as requested by
Issaquah)
This Agreement may be signed in several counterparts, each of which shall be an
original, but all of which together shall constitute the same instrument.
The Funding Commitment information from each Party will be summarized in a report
distributed to all members of the PSC.
Name of Party 1. Funding
2. Funding
Funding
Commitment:
Commitment:
Commitment:
Standard
Supplemental
TOTAL
Deliverables
Deliverables
(imagery)
Enter name of Party>
$1+2
Terms of payment for: City of Issaquah (Issaquah)
1. In lieu of payment into the King County Imagery Reserve Fund as outlined in
Section VII.3 of this agreement, Issaquah agrees to pay <enter Funding
Commitment. TOTAL> towards the project flight costs as its full contribution for
the Standard and Supplemental Deliverables requested by Issaquah. King County
shall generate an invoice for Issaquah's contribution no later than June 1, 2012.
The invoice description shall state that the required payment is Issaquah's full
contribution towards the overall project cost, including all Standard and
Supplemental Deliverables for Issaquah, with all other project costs to be paid by
other Parties.
2. If the aerial flight does not occur by the end of the flight window date stated in the
project Statement of Work, Issaquah reserves the right to cancel this Agreement
due to non availability of funding after June 30, 2012. A commitment by
Issaquah to participate in a potential deferred project in 2013 would be made by
December 15, 2012.
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11
Party By
Name Name
Title Title
Address Address
Date Date
Project Steering Committee Representative:
Name
E -Mail
Phone
Regional Imagery2012_Funding_Final. docx
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144
City of Tukwila
Department of Community Development
To: Utilities Committee
From: Jack Pace, DCD Director
Subj: Recycling Grant, 2012 -2013
Date: January 17, 2012
Jim Haggerton, Mayor
Jack Pace, Director
ISSUE
Council approval is required to authorize the Mayor to sign an interlocal agreement to accept $78, 934 in grant
funding that King County Solid Waste Division has awarded to the Tukwila Recycling Program.
BACKGROUND
Tukwila's Recycling Assistance Program operates entirely through grant funding, with no City of Tukwila
General Fund or Utility Fund monies used.
Tukwila has received a two -year Waste Reduction/Recycling grant from King County Solid Waste to support
the Recycling Program's work from January 1, 2012 through December 31, 2013. A signed interlocal
agreement is required in order to receive the funds.
DISCUSSION
Waste Reduction/Recvclina Grant (W /RR)
The Waste Reduction/Recycling grant from the King County Solid Waste division totals $78, 943 for the two
year grant period. (Attachment A) The WRR grant funds will be supplemented with a grant from the
Washington Department of Ecology, and allocated as follows:
Non residential Recycling —($62, 443)
Assist Tukwila businesses to reduce waste, start or improve a recycling program, purchase recycled
products, and practice sustainable business practices. Special emphasis will be on working with businesses
as they transition to Tukwila's new solid waste contract. Staff will work focus on City of Tukwila facilities,
and on sites with property managers and multiple tenants, including Westfield Southcenter Mall. Funding
will include Department of Community Development staff hours, materials, and consultant.
Special Residential Recycling Collection —($4, 000)
Hold two yearly events to collect hard -to- recycle goods (i.e. tires, furniture, bulky yard debris, etc.) from
Tukwila residents.
Residential Programs ($4, 500)
Conduct annual Tukwila Community Garage Sale to emphasize reuse and recycling. Distribute rain barrels
to residents.
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6300 Southcenter Boulevard, Smite 4100 Tukwila, Washington 98188 Phone 206 -431 -3670
01/17/2012
Fax: 206 -431 -3665
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Sustainable Policy and Code Review and Development ($8, 000)
Department of Community Development staff will do background work to review and update certain
policies and codes to enhance sustainability efforts. Topics will include a "Green Building Code," and
urban forestry /tree protection.
RECOMMENDATION
Forward to the Committee of the Whole meeting on February 13, 2012, and the Regular Meeting on February
21, 2012 Regular Meeting (consent agenda). Authorize the Mayor to sign an interlocal agreement with the
King County Solid Waste Division and accept grant funding for Tukwila's Recycling Program through
December 31, 2013.
Attachment:
A. Interlocal agreement with King County
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146
CONTRACT 529866
INTERAGENCY AGREEMENT FOR 2012 -2013
Between
KING COUNTY and the CITY OF TUKWILA
This two -year Interagency Agreement "Agreement ".is executed between King County, a Charter County
and political subdivision of the State of Washington, and the City of Tukwila, a municipal corporation of
the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the
County and City will be referred to as "Party" or "Parties."
PREAMBLE
King County and the City of Tukwila adopted the 2001 King County Comprehensive Solid Waste
Management Plan, which includes waste reduction and recycling goals.: In order to help meet these
goals, the King County Solid Waste Division has established a waste reduction and recycling grant
program for the cities that operate under the King County Comprehensive Solid Waste Management
Plan. This program provides funding to further the development and/or enhancement of local waste
reduction and recycling projects and for broader resource conservation projects that integrate with waste
reduction and recycling programs and services. This grant program does not fund household hazardous
waste collection activities. Program eligibility and grant administration terms are discussed in the Grant
Guidelines, attached to this Agreement as Exhibit B. Grant funding for this program is subject to the
yearly budget approval process of the King County Council.
Grant funding approved by the King County Council is available to all King County cities that operate
under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant
funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit
A and incorporated herein by reference. The County expects that any information and/or experience
gained through the grant program by the City will be shared with the County and other King County
cities.
I. PURPOSE
The purpose of this Agreement is to define the terms and conditions for funding to be provided to the
City of Tukwila by the County for waste reduction and recycling programs and/or services as outlined in
the scope of work and budget attached as Exhibit A.
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II. RESPONSIBILITIES OF THE PARTIES
The responsibilities of the Parties to this Agreement shall be as follows:
A. The Citv
1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide
waste reduction and recycling programs and/or services as outlined in Exhibit A. The total
amount of funds available from this grant in 2012 shall not exceed $39,471. The City
understands that even though this Agreement is two years in duration, funding for this program is
subject to the yearly budget approval process of the King County Council.
2. This Agreement provides for distribution of 2012 and 2013 grant funds to the City. However,
2013 funds are not available until January 1, 2013, and 2013 funding is contingent upon King
County Council approval of the 2013 King County budget. The County shall notify the City in
writing of the funding status.
3. During the two -year grant program, the City will submit a minimum of two, but no more than
eight, progress reports to the County in a form'approved by the County. Reports must be signed
by a City official. These reports will include:
a. a description of each activity accomplished pertaining to the scope of work; and
b. reimbursement requests with either copies of invoices for each expenditure for which
reimbursement is requested or a financial statement, prepared by the City'.s finance
department, that includes vendor name, description of service, date of service, date paid
and check number.
If the City chooses to submit up to the maximum of eight (8) progress reports and requests for
reimbursement during the two year grant program, they shall be due to the County on the last day
of the month following the end of each quarter April 30, July 30, October 31, January 31
except for the final progress report and request for reimbursement which shall be due by March
31, 2014.
If the City chooses to submit the minimum of two progress reports and requests for
reimbursement during the two -year grant program, they shall be due to the County on January 31,
2013 and March 31, 2014.
Regardless of the number of progress reports the City chooses to submit, in order to secure
reimbursement, the City must provide in writing to'the County by the 5"' working day of January
2013 and January 2014, the dollar amount of outstanding expenditures for which the City has not
yet submitted a reimbursement request.
4. The City shall submit a final report to the County which summarizes the work completed under
the grant program and evaluates the effectiveness of the projects for which grant funds were
utilized, according to the evaluation methods specified in the scope of work. The final report is
due within six months of completion of the project(s) outlined in the scope of work, but no later
than June 30, 2014.
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5. If the City accepts funding through this grant program for the provision of Waste Reduction and
Recycling programs and projects for other incorporated areas of King County, the City shall
explain the relationship with the affected adjacent city or cities that allows for acceptance of this
funding and the specifics of the proposed programs and projects within the scope of work
document related thereto.
6. The City shall be responsible for following all applicable Federal, State and local laws,
ordinances, rules and regulations in the performance of work described herein. The City assures
that its procedures are consistent with laws relating to public contract bidding procedures, and the
County neither incurs nor assumes any responsibility for the City's bid, award or contracting
process.
7. During the performance of this Agreement, neither the City nor any Party subcontracting under
the authority of this Agreement shall discriminate on the basis of race, color, sex, religion,
nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or
physical handicap in the employment or application for employment or in the administration or
delivery of or access to services or any other benefits under this Agreement as defined by King
County Code, Chapter 12.16.
8. During the performance of this Agreement, neither the City nor any Party subcontracting under
the authority of this Agreement shall engage in unfair employment practices as defined by King
County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and
local laws, ordinances, executive orders and regulations that prohibit such discrimination. These
laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights
Act of 1964.
9. The City shall use recycled paper for the production of all printed and photocopied documents
related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for
copying and printing and shall use recycled/recyclable products wherever practical.
10. The City shall maintain accounts and records, including personnel, financial, and programmatic
records, and other such records as may be deemed necessary by the County, to ensure proper
accounting for all project funds and compliance with this Agreement. -All such records shall
sufficiently and properly reflect all direct and indirect costs of any nature expended and service
provided in the performance of this Agreement.
These records shall be maintained for a period of six (6) years after termination hereof unless
permission to destroy them is granted.by the Office of the State Archivist in accordance with
RCW Chapter 40.14. These accounts shall be subject to inspection, review or audit by the County
and/or by federal or state officials as so authorized by law.
11. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is
purchased with grant funds from King County for a total period of three (3) years. The records
shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King
County by March 31 of each year through the year 2016.
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12. The City agrees to credit King County on all printed materials provided by the County, which the
City is duplicating, for distribution. Either King County's,name and logo must appear on King
County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit
King County for artwork or text provided by the County as follows: "artwork provided courtesy
of King County Solid Waste Division" and /or "text provided courtesy of King County Solid
Waste Division."
13. The City agrees to submit to the County copies of all written materials which it produces and /or
duplicates for local waste reduction and recycling projects which have been funded through the
waste reduction and recycling grant program. Upon request, the City agrees to provide the
County with a reproducible copy of any such written materials and authorizes the County to
duplicate and distribute any written materials so produced, provided that the County credits the
City for the piece.
14. The City will provide the King County Project Manager with the date and location of each
Recycling Collection Event provided by the City, as well as copies of any printed materials used
to publicize each event, as soon as they are available but no later than thirty (30) days prior to the
event. If there is any change in the date or the location of an event, the City will notify the
County a minimum of thirty (30) days prior to the event. If the event brochure is required for
admission to the City's event, the City is exempt from having to provide the brochure to King
County.
15. If the City accepts funding through this grant program for the provision of recycling collection
events for adjacent areas of unincorporated King County,'the City shall send announcements of
the events to all residences listed in the carrier routes provided by King County. The
announcements and all other printed materials related to these events shall acknowledge King
County as the funding source.
16. The City understands that funding for recycling collection events for adjacent areas of
unincorporated King County will be allocated on a yearly basis subject to the King County
Council's yearly budget approval process and that provision of funds for these events is not
guaranteed for the second year of the grant program.
17. This project shall be administered by the City's Recycling Coordinator at: 6300 Southcenter
Boulevard; Tukwila, WA 98188; 206 431 -3683 (phone); 206 -431 -3665 (fax);
rfoxO,,ci.tukwila.wa.us. or designee.
B. The County:
1. The County shall administer funding for the waste reduction and recycling grant program.
Funding is designated by city and is subject to the King County Council's yearly budget approval
process. Provided that the funds are allocated through the King County Council's yearly budget
approval process, grant funding to the City will include a base allocation of $5,000 per year with
the balance of funds to be allocated according to the City's percentage of King County's
residential and employment population. However, if this population based allocation formula
calculation would result in a city receiving less than $10,000 per year, that city shall receive an
additional allocation that would raise their total grant funding to $10,000 per year.
4
150
2. The City of Tukwila`s budgeted grant funds for 2012 are $39,471. Unspent 2012 funds may be
carried over to 2013, but 2013 funds will not carry over to 2014.
3. The City of Tukwila`s- estimated grant funds for 2013 are $39,471. 2013 funds are not available
until January 1, 2013, and 2013 funding is contingent upon King County Council approval of the
2013 King County budget. Following approval of the 2013 King County budget, the County's
grant program administrator will notify the City of the final 201 grant funding in writing.
4. Within forty -five (45) days of receiving a request for reimbursement from the City, the County
shall either notify the City of any exceptions to the request which have been identified or shall
process the request for payment. If any exceptions to the request are made, this shall be done by
written notification to the City providing the reason for such exception. The County will not
authorize payment for activities and/or expenditures which are not included in the scope of work
and budget attached as Exhibit A, unless the scope has been amended according to Section V of
this Agreement. King County retains the right to withhold all or partial payment if the City's
report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation
of expenditures and /or adequate description of each activity described in the scope of work for
which reimbursement is being requested), and/or are not consistent with the scope of work and
budget attached as Exhibit A.
5. The County agrees to credit the City on all printed materials provided by the City to the County,
which the County duplicates, for distribution. Either the City's name and logo will appear on
such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit
the City for artwork or text provided by the City as follows: "artwork provided courtesy of the
City of Tukwila" and /or "text provided courtesy of the City of Tukwila."
6. The County retains the right to share the written material(s) produced by the City which have
been funded through this program with other King County cities for them to duplicate and
distribute. In so doing, the County will encourage other cities to credit the City on any pieces that
were produced by the City.
7. The waste reduction and recycling grant program shall be administered by Morgan John, Project
Manager of the King County Solid Waste Division.
III. DURATION OF AGREEMENT
This Agreement shall become effective on either January 1, 2012 or the date of execution of the
Agreement by both the County and the City, if executed after January 1, 2012 and shall terminate on
June 30, 2014. The City shall not incur any new charges after December 31, 2013. However, if
execution by either Party does not occur until after January 1, 2012, this Agreement allows for
disbursement of grant funds to the City for County- approved programs initiated between January 1, 2012
and the later execution of the Agreement provided that the City complies with the reporting requirements
of Section II. A of the Agreement.
151
IV. TERMINATION
A. This Agreement may be terminated by King County, in whole or in part, for convenience without
cause prior to the termination date specified in Section III, upon thirty (30) days advance written
notice.
B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the
termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for
termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or
failure to provide grant related reports /invoices /statements as specified in Section II.A.3. and Section
II.A.4.
C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for
payment in accordance with the terms of this Agreement for services rendered prior to the effective
date of termination; and (2) the City shall be released from any obligation to provide further services
pursuant to this Agreement.
D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or
law that either Party may have in the event that the obligations, terms and conditions set forth in this
Agreement are breached by the other Party.
V. AMENDMENTS
This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of
work will only be approved if the proposed amendment is consistent with the most recently adopted King
County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope
of work, attached as Exhibit A, only upon written request by the City and written approval by King
County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or
achieves the goals stated in the scope and falls within the activities described in the scope.
VI. HOLD HARMLESS AND INDEMNIFICATION
The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from
and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or
its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all
claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims
brought against the County arising out of or incident to the City's execution of, performance of or failure
to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer
of any software, book, document, report, film, tape, or sound reproduction or material of any kind,
delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and /or
otherwise results in unfair trade practice.
152
VII. INSURANCE
A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for
the duration of the Agreement, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with performance of work pursuant to this
Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum
limits of this insurance shall be $1,000,000 general liability insurance combined single limit per
occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate
limit, a $2,000,000 aggregate shall apply. Any deductible or self: insured retentions shall be the sole
responsibility of the City. Such insurance shall cover the County, its officers, officials, employees,
and agents as additional insureds against liability arising out of activities performed by or on behalf
of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured
endorsement is attached to this Agreement as Exhibit C. unless Section VII.B. applies.
B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self insured
for any of the above insurance requirements, a written acknowledgement of self insurance is attached
to this Agreement as Exhibit C.
VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT
This Agreement is the complete expression of the agreement of the County and City hereto, and any oral
or written representations or understandings not incorporated herein are excluded. Waiver of any default
shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this
Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of this Agreement unless stated to be such through written
approval by the County, which shall be attached to the original Agreement.
IX. TIME IS OF THE ESSENCE
The County and City recognize that time is of the essence in the performance of this Agreement.
X. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be
unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions.
153
XI. NOTICE
Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if
sent to the King County Solid Waste Division and the City at the addresses provided below:
Morgan John, Project. Manager, or a provided designee,
King County Solid Waste Division
Department of Natural Resources and Parks
201 South Jackson Street, Suite 701
Seattle, WA 98104 -3855
If to the City:
Rebecca Fox, Senior Planner
City of Tukwila
6300 Southcenter Boulevard
Tukwila, WA 98188
IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below:
City Kine County
BY
(Title) Kevin Kiernan, Director
Solid Waste Division
For Dow Constantine, King County Executive
Date Date
154
WRR GRANT
2012 -2013 Scone of Work
City of Tukwila
A. Basic Information
1. City of Tukwila
2. City Optional Program, Waste Reduction and Recycling Program
3. Rebecca Fox, Senior Planner
City of Tukwila
6300 Southcenter Boulevard
Tukwila, WA 98188
206 -431 -3683 (phone)
206 431 -3665 (fax)
rebecca.fox @tukwilawa.izov
Exhibit A
4. The City of Tukwila will work with Wilder Environmental Consulting to implement the
business recycling program for 2012 and 2013. We plan to use Olympic Environmental
Resources to operate our Special Recycling Events. The WRR grant will also fund labor
costs for Tukwila staff that work on and manage WRR- funded programs and tasks.
5. Budget:
Total Amount Requested: $78, 943 for 2012 through 2013 including:
Special Recycling Collection —$4, 000 (approximately $2, 000 to be spent both in
2012 and 2013 as match for Coordinated Prevention Grant funding)
Non residential Recycling -$62, 443
Residential Recycling -44, 500
Sustainable Code and Policy Development --$8, 000
B. Scope of Work
1. Task One: Tukwila Recycling Collection Events
a. Schedule Spring, 2012 and 2013
b. Program/Project Specifics
1) Project Activities
Total number of events Two
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Exhibit A
Materials to be collected:
Appliances
Refrigerators and Freezers+
Ferrous Metals
Non ferrous Metals
Tires+
Mattresses
Styrofoam
Lead Acid Batteries
Household Batteries
Porcelain Toilets and Sinks+
Propane Tanks+
Cardboard
Reusable Household Goods
Textiles
Used Motor Oil
Used Motor Oil Filters
Used Antifreeze
Used Petroleum Based Products
Electronic Equipment
+User fees apply
The following educational materials will be distributed:
Information on City Recycling Programs.
Local Hazardous Waste Management Plan Educational Materials
produced by King County Department of Natural Resources.
Other educational materials.
Event promotional methods
By distributing a promotional flyer through direct mailings.
By notices in the City newsletter.
By posting a notice at City Hall and on the City website and cable channel
(if available).
By publicizing the event through the King County Solid Waste Division
Promotional Activities.
Event staffing: Key personnel will include City staff, consultant staff, and
volunteers. Experienced qualified individuals will fill the event greeter,
education personnel, and traffic control personnel positions.
2) Evaluation will include:
Number of vehicles attending
Volume of each material collected
Event cost by budget category
Graphic or tabular comparison of 2012/13 volumes and vehicles with prior
year's events
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3) Budget: $4,000.00
Estimated Costs
1 2012113 1
2012
1 2012 1
2012
WRR I
LHWMP
I CPG I
WRR
City Staff Costs
1 $0.00 1
$0.00
1 $0.00 I
$0.00
Management /Staffing /AdmiNGraphics
1 $1,500.00 1
$5,834.93
1 $2,320.00 1
$750.00
Event Staff Costs
1 $0.00 1
$880.00
1 $880.00 1
$0.00
Collection/Haulinq Costs
I I
I I
Wood Waste
1 $0.00 1
$0.00
1 $150.00 1
$0.00
Scrap Metal, Appliances, etc.
1 $500.00 1
$0.00
1 $750.00 1
$250.00
Tires
1 $800.00 1
$0.00
1 $0.00 1
$400.00
Used Oil/Antifreeze
1 $0.00 1
$1,000.00
1 $0.00 1
$0.00
Batteries
1 $0.00 1
$300.00
1 $0.00 1
$0.00
Styrofoam
1 $200.00 1
$0.00
1 $100.00 J
$100.00
Prinfins/Mailina
1 $0.00 1
$600.00
1 $1,800.001
$0.00
Event Supplies
1 $0.00 1
$300.00
1 $0.00 1
$0.00
Other Expenses rentals, etc
1 $1,000.00 1
$295.01
1 $0.00 I
$500.00
TOTALS
1 $4,000.00 1
$9,209.94
1 $6,000.00 1
$2,000.00 1
*Hourly rates for consultant staff are as follows: Project Man
Staff $55.00.
E) Task Performance Objectives:
Exhibit A
2013 1 TOTAL
WRR
$0.00 1 $0.00
$750.00 1 $8,904.93
$0.00 1 $1,760.00
$0.00 1 $150.00
$250.00 $1,000.00
$400.00 1 $400.00
$0.00 1 $1,000.00
$0.00 $300.00
$100.00 1 $200.00
$0.00 1 $2,400.00
$0.00 1 $300.00
$500.00 1 $795.01
$2,000.00 1 $17,209.94
ager $70.00 and Event
The City plans to send out approximately 7,700 promotional flyers to Tukwila
households per event and publicize the event through King County promotional
activities, including County websites and telephone assistance. The City anticipates
collecting 25 -30 tons of material from the local waste stream per year.
The benefits expected by the collection of these materials will be to divert them from
the waste stream and process them for recycling. The event will also provide an
opportunity to recycle moderate risk waste. The King County Health Department, the
City of Tukwila, and Washington State Department of Ecology will pay for event
expenses as well.
F) Task Impact Objectives:
By hosting Recycling Collection Events, Tukwila can reduce the amount of
recyclable material finding their way to the local landfill. The City of Tukwila has a
population of approximately 18,200. The City expects, based on past events, that 350_
450 households will actively participate each year by bringing recyclable materials to
the event for proper disposal and recycling. This will result in 25 -30 tons of material
diverted from the local waste stream for recycling per year.
In addition to diverting materials from the City waste stream, attracting residents to
events provides an opportunity to distribute educational material on City and King
County recycling programs. The educational materials can enhance the knowledge of
residents and improve behavior in purchase, handling, and disposal of recyclable
materials.
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Exhibit A
2. Task Two: Non Residential Recycling
a. Project Manager:
Rebecca Fox, Senior Planner
b. Consultant
The City of Tukwila will work with Wilder Environmental Consulting.
c. Schedule
First quarter, 2012 December 31, 2013
d. Goals
Increase awareness among Tukwila businesses of the benefits of recycling and the
technical assistance which the City offers
Work with businesses to encourage them to sign up for recycling services, and down -size
garbage service in order to save money and/or be more environmentally friendly.
Reduce waste produced by businesses, and ensure that businesses are recycling the
correct items onsite, and bringing other items, such as computers, to proper recycling
facilities.
Expand the number of businesses who sign up for recycling and ultimately improve
waste diversion.
e. Program/Project Specifics
1) Performance Objectives:
Business Outreach/Technical Assistance
The City of Tukwila will provide technical assistance to help businesses to start or improve their
company recycling programs, waste prevention and purchase of recycled products either by e-
mail, telephone, mail or on -site visits.
City of Tukwila staff, assisted by a Business Recycling and Waste Prevention Specialist
(consultant to the City of Tukwila) will respond when firms request assistance. We expect to
generate requests for recycling assistance by including information about City- sponsored recycling
programs in the "Tukwila Reporter," and with business license mailings. We will send targeted
postcards to businesses and emails to Tukwila members of the Southwest King County Chamber of
Commerce in 2012 and 2013. These messages will reach all 2000 firms who operate in Tukwila at
least once. We will also maintain Business Recycling information on the City of Tukwila website.
We plan to work with individual businesses, multi -tenant properties and property managers to
help them start or improve their programs in recycling, waste prevention, and procurement of
recycled content products. We will continue to focus on City of Tukwila as a business to
improve recycling, waste reduction and environmentally preferable purchasing practices among
City of Tukwila employees, at City of Tukwila facilities, and at City- sponsored events for the
public.
We will continue recognition programs that highlight outstanding business recycling programs
throughout Tukwila "Tukwila Green Works" and "Tukwila Business Recycler of the Year If
other opportunities arise, we will adjust the work plan for greatest effectiveness. Timely,
scheduled telephone follow -up will be provided to all businesses reached for technical assistance
either by the staff project manager or the consultant.
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Exhibit A
We will assist businesses with recycling, waste prevention and purchasing of recycled content
goods, and, when possible, also furnish information about conserving other resources used in typical
business activities. We will give them information about recycling onsite, as well as proper offsite
disposal/recycling of electronics and mercury bulbs. By contacting companies directly with
individualized information we hope to prepare and motivate businesses to change and improve their
solid waste behaviors.
We will continue to coordinate with King County's Business Recycling Program by working
with any Tukwila business that is referred to us, and to participate in the Solid Waste Division's
industry- topic or area- specific campaigns. We hope to work proactively with Local
Hazardous Waste Management Program and Southwest King County Chamber of Commerce
staff for additional referrals and information sharing.
The City of Tukwila's current solid waste contract with Allied Waste expires on October 31,
2012. As of October, 2011, Tukwila staff is reviewing proposals from different haulers who wish
to be chosen to implement the new contract. Alternative services, including embedded
commercial recycling rates, are being considered. Depending on which hauler and which
alternatives are chosen, the City of Tukwila staff will adjust our technical assistance activities to
coordinate with the new hauler and maximize the program's success and waste diversion.
Promotion/Education
We plan to promote non residential recycling and waste prevention by through a variety of
activities, including a selection of the following:
Updating recycling information on Tukwila's website
Property manager outreach events
Informational materials promoting non residential. recycling and proper disposal of
electronics, mercury bulbs, other hazardous materials. Materials will include: e- newsletter,
case studies, customized informational stickers and posters with recycling specifics, materials
on purchasing environmentally preferable products, handout for use with janitorial
companies, e -cycle brochures, etc.
"Tukwila Green Works" program to recognize outstanding business performance.
"Tukwila Business Recycler of the Year" award to stimulate interest in recycling
Purchase, distribute additional recycled content promotional materials (i.e. pens, pencils)
Update and distribute "Tukwila Business Recycling Guide" with business license renewals
and to individual businesses in 2012 and 2013
Purchase and distribute desk side containers to encourage businesses to begin or upgrade
recycling efforts
We will coordinate our promotion/education activities with King County as appropriate,
including:
using the County's program materials;
participating in County promotional activities /advertising, including the "Take it Back"
network, and other promotions;
working with Local Hazardous Waste Management Staff for mutual business referrals.
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Exhibit A
2) Impact Objectives:
At least two editions "Tukwila Business Recycler" distributed to 2,000 Tukwila companies
via business license renewal mailings to give information about recycling resources and
generate requests for technical assistance.
Assistance to at least 50 businesses, including at least 20 on -site visits
f. Evaluation
Follow -up with selected businesses to see if they have implemented program changes and
determine which assistance measures were the most helpful in changing recycling- related
behaviors
Keep data including:
the number of businesses assisted
type of assistance provided (mail, e -mail, on -site, other)
a list of business names, addresses, contact persons, and telephone numbers (and
other business data) for the businesses assisted;
g. Budget
2012 -2013 Budget
Project
12012
2013
Total
Task 2: Non-
$27,221.5
$35,331.5
$62,443
Residential
Program
Consultant
1$7,000
J$15,000
$22,000
Staff /admin.
$14,000
J $14, 000
$28,000
Supplies/
$4,221.5
$4,221.5
$8,443
materials
Printing/
$2,000
$2,000
$4,000
Mailing
3. Task Three: Residential Programs
Subtask 1.: Rain Barrels
Project Manager Rebecca Fox
a. Consultant: We will work with Olympic Environmental Resources to distribute rain
barrels during RCEs.
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Exhibit A
b. Schedule
Subtask 1: Rain Barrels to be sold at an event in either 2012 or 2013
Subtask 2: Support for residential reuse, recycling and waste prevention through
events and information, such as the Tukwila Community Garage Sale and website
updates.
c. Goals
Subtask 1:
Rain Barrels: Increase awareness of and participation in water conservation and
alternate yard and green gardening strategies among (single family) Tukwila
residents
Raise awareness among home gardeners about use of recycled- content gardening
equipment (i.e. recycled plastic rain barrels)
Subtask 2: Community Event and information
Support the practice of recycling and reuse of household goods by supporting
an event, such as the community -wide "garage sale" for Tukwila residents,
and updating recycling information on the City of Tukwila website.
e. Program/Project Specifics
1) Background/History
Subtask 1: Rain barrels provide a popular green gardening product for Tukwila
residents. In prior years, the City has offered compost bins, worm bins and compost bins
for residents at significant subsidy. Each item has been well received, and has increased
composting (compost bins, worm bins) or water conserving (rain barrel) behaviors among
Tukwila residents, as well as awareness of recycled content goods. This project's intent
is to provide to encourage purchase of recycled content goods, and water
conservation/green gardening behaviors in the community.
Grant funds will be used to pay a contractor to sell the barrels at a community event, most
likely the annual RCE.
Task Performance Objectives:
Subtask 1: Over the grant period, the City will make up to 100 recycled plastic rain
barrels available to residents either at a specific sales event, at Special Recycling
Collections, or through a "virtual" sale (i.e. by mail). The City will buy the barrels, subsidize
the cost using WRR funding, and charge the residents a reduced fee of approximately $20 per
barrel. The City will publicize the distribution event(s) through mailings to residents.
Along with the barrels, the City will also provide educational materials with either a
"recycled product focus," and/or a "green gardening/water conservation" message which
stress using recycled content products and/or either water conservation and other
environmentally friendly alternatives in yard care.
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Exhibit A
Objectives
Subtask 1:
Sale of up to 100 rain barrels to Tukwila residents
Each recycled plastic rain barrel weighs approximately 40 pounds, and diverts
approximately twice that amount (80 pounds) from the waste stream. Depending on the
number of rain barrels sold, we anticipate diverting a significant amount of plastic from
the waste stream and providing a clear demonstration of the value of recycled content
products. In addition to encouraging market development for plastics, distributing rain
barrels encourages Tukwila residents to conserve water for reuse in the lawn and garden,
and reduces surface water runoff.
Subtask 2:
Evaluation
Subtask 1:
Track number of rain barrels distributed to residents
Track number, type of promotional/educational materials
Sample email survey of rain barrel purchases to determine use levels and interest in
recycled content products
Subtask 2:
Track number residents participating in Community Garage Sale
Survey all participants in the Community Garage Sale to see their satisfaction
with the Community Garage Sale, and to gauge their interest in future
recycling/waste prevention programs and activities.
L Budget
Project
2012 2013 2012 -2013
TOTAL
Task 3: $4,500
Residential
Program
Subtask 3.1 TOTAL
Rain barrels
Consultant sale $500 $500
of bins bin
storage
Subtask 3.2—
Community
Garage Sale
$1,500 $1,500 $3,000
Printing/
mailing/
advertising
Staff $500 1 $500 J$1,000
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Exhibit A
Task 4: Sustainable Policy and Code Review and Development
City of Tukwila staff will do background work that supports updating certain policies and codes
to incorporate more environmentally sound practice and greater sustainability. This may include
the Tukwila Comprehensive Land Use Plan, Building Code and other supporting plans and codes
Subtask 4.1: "Green" Building Code
Subtask 1: Green Building Code
Background:
Buildings are large energy users: in the Puget Sound region, about 22% of the greenhouse
gas emissions that contribute to global climate change are attributed to the building sector.
Additional environmental impacts include contaminated storm water generated by continued
creation of hard surfaces, and burdens on existing landfill space from construction and
demolition debris generation. Green building techniques incorporated into the Building
Code, coupled with upgrades and proper maintenance of existing buildings, can help reduce
these impacts, improve the environment and increase sustainability.
At present, the City of Tukwila Building Code does not incorporate recent "green construction"
practices. The City of Tukwila wishes to amend its construction codes to incorporate
requirements to reduce the negative potential impacts and increase the positive potential impacts
of the built environment. Building Division staff will study the International Code Council's
model code International Green Construction Code (IgCC); subtitled "Safe and Sustainable: By
the Book." Based on its study of the ICC's model code and with consideration to local conditions
and impacts, staff will develop proposed changes to be incorporated into Tukwila's Building
Codes. Green building design and performance for new and existing commercial buildings will
be the scope of the proposed changes. Staff will take its findings and recommendations to the
City Council for public review, consideration, approval and adoption of a final version.
Tukwila staff will outreach and educate the interested public, primarily the development and
construction community, through information on the City of Tukwila website, and a public
meeting before the Tukwila City Council. Other education and outreach methods may be
used/substituted as appropriate.
Objective-
The objective of this task is to update the City of Tukwila's Building Code by incorporating
specific environmentally sound practices and sustainability considerations.
How grant funds will be used:
Grant funds will be used for staff support in 2012 and 2013 through the code development,
review, outreach and adoption process
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Subtask 2: Urban Forestry and Tree Protection
Exhibit A
Background
Tukwila has begun an Urban Forestry planning effort which will establish new goals and policies
for canopy cover, tree retention, tree protection, and urban forestry maintenance. The first step
in the effort is to conduct an urban canopy assessment to serve as a baseline for developing the
goals and policies in a new urban forestry chapter of the City's Comprehensive Plan. This will
recognize the value of trees in an urban setting particularly those functions related to energy
efficiency and stormwater management. It is hoped that the canopy assessment would be
completed in mid -2012 (pending receipt of grant funds). An urban forestry policy committee
(made up of citizens and representatives of businesses, the Planning Commission, the Parks
Board, environmental groups, and landscape /arborist groups) will be appointed in late 2012 to
assist the City with the development of goals and policies to be incorporated in the
Comprehensive Plan.
Once the goals and policies are established, the committee will assist the City over the next
several years (during 2013 and into 2014) in:
Revisions to the existing Tree Ordinance, to improve its effectiveness in light of the new
policies. The existing ordinance, adopted in 1995, is confusing, only regulates individual
trees in sensitive areas and is not really providing much tree protection on steep slopes. It
also does not specify state -of -the art tree protection measures to be used during
construction activities.
Revisions to the Landscape Code, to address new urban forestry policies, increase energy
efficiency and improve storm water management in commercial and industrial zones.
These revisions will help in implementing the City's new storm water regulations which
encourage low impact development using on -site infiltration methods. Increasing tree
canopy and density in these areas will help promote more environmentally friendly storm
water management. The intent would also be to improve tree management in these areas
to provide for more diversity in species, promote better tree care (such as prohibiting
topping or improper pruning, require replacement if a tree dies, etc.).
Revisions to street tree policies and a plan for street tree management and funding. There
is currently inadequate funding for street tree installation and no measures to regulate tree
care, conflicting policies about allowed tree species, lack of understanding about
maintaining tree health,
Development of an urban forestry management plan on publicly owned lands to improve
urban forest cover, health, and diversity. The plan would identify needs, specific goals
for each public area, and mechanisms for stewardship and funding.
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Exhibit A
How Grant Funds Will be Used
This task will support the urban forestry planning effort during 2012 -2013 to provide outreach
and education about the value of trees in the landscape to the general public and specifically to
elected officials and the new Urban Forestry Policy Committee. Work will focus on trees as
green infrastructure (i.e. management of stormwater, energy efficiency, noise control, control of
air pollution, and carbon sequestration) as well as their habitat, aesthetic, and economic
development value.
The funds will support Department of Community Development staff in developing outreach
materials, publishing articles in the Hazelnut newsletter and the Tukwila Reporter, setting up a
new Urban Forestry section on the City website (in collaboration with the IT Department), and
conducting a workshop for elected officials, the Urban Forestry Policy Committee and the
general public.
Any additional /remaining grant funds will be used to analyze and prepare policy and code
alternatives, including adding a sustainability consideration to other elements /chapters of the
Tukwila Comprehensive Plan.
Budget
The budget will be split between the green building code and tree preservation tasks.
Project I 1 1
12012 12013 Total
Task 2:
Sustainable
Code Policy
Staff /admin. 1$4,000 1$4,000 1$8,000
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Exhibit B
Grant Guidelines
Program Eligibility:
Grant funds may be used for any of the programs previously funded by the City Optional and
Waste Reduction Recycling Programs, including residential and commercial waste reduction and
recycling education programs, business assistance programs, and special recycling events. Cities
may. also use their funds on broader resource conservation programs, as long as they are part of an
overall waste reduction/recycling program. Cities may choose to use their funding on one
program or a combination of programs. For WR/R program ideas, please refer to the Program
Eligibility section below.
Please note these lists are not exhaustive, but merely intended to provide some guidance on
what is /isn't eligible. Cities may also refer to the currently adopted Comprehensive Solid
Waste Management Plan for direction in program development. If you are unsure if your
proposed program is eligible for funding, please call Morgan John (206 296 8443).
Eligible for funding:
School WR/R education/implementation programs
Kitchen food waste composting programs
Reusable bag promotions
Yard waste subscription promotions
Outreach at community events.
Promoting new and existing WR/R programs through media, mail, and social networking
Business recognition programs
Recycling Collection Events, including collection of tires and mattresses
Business, ,WR/R, residential education /communications
Product stewardship initiatives could be education programs or working with other
agencies /organizations/businesses to implement programs
City recycling programs and facilities
Videos promoting WR/R programs
The following are eligible for funding on a case -by -case basis, as long as part of an overall
WR/R Program. However, the County would not provide reimbursement if, for example,
all of a city's grant dollars were used to sell/give away rain barrels or distribute compact
fluorescent light bulbs.
Water Conservation i.e. Rain Barrels
Energy Conservation
Water Quality: integrated pest management; catch basin filters
Demonstration gardens; interpretive signage; recycled- content park furnishings
2012 -2013 WR/R Grant
166
The following are not eligible for funding:
Collection of garbage, except for residual garbage related to the collection of recyclables.
Collection of any household hazardous waste items including, but not limited to:
Treated wood
Paint
Lead acid batteries
Oil, gasoline, and antifreeze
Florescent lights
Household Hazardous Waste Education Programs
Cities should pursue funding through LHWMP or CPG for Household Hazardous Waste
collection or education programs.
Grant Administration:
Requests, for Reimbursement:
Cities may submit as few as two requests for reimbursement during the funding cycle, with the
first request due by January 31, 2013 and the final request due no later than March 15, 2014.
However, cities may submit requests for reimbursement as frequently as quarterly. Quarterly
requests should be submitted on April 30, July 31, Oct. 31 and Jan 31 of each year, except for the
final request for reimbursement, which is due no later than March 15, 2014. The Budget
Summary Report Form (Attachment 4) must be used when submitting requests for
reimbursement.
By December 31" of each year of the grant cycle, cities must notify SWD of their total
expenditures for work that has been completed to -date, but for which requests for
reimbursement have not yet been submitted.
Progress and Final Reports:
Progress reports describing program activities,, accomplishments and evaluation results need to
accompany each request for reimbursement. A final report describing the outcome of grant
funded activities is due with the final request for reimbursement. If, however, the city does not
have the results of its program evaluation by the end of the grant cycle, the final narrative report
may be submitted no later than six months after the end of the grant cycle on June 30, 2014.
(Note: The final request for reimbursement would still need to be submitted by March 15, 2014.)
All Progress and Final Reports need to be signed by a city official. Signed reports may be
submitted via facsimile.
Amendments:
Formal amendments to grant ILAs are not necessary unless the city wishes to make significant
changes to its scope of work and/or budget. In general a significant change would be one in
which the city wishes to add or delete a task from their scope of work. A minor change, such as
moving dollars between tasks, would only require written notification, which may be submitted
via e-mail. However, the city should contact the Division when considering changes to their
scopes and budgets to determine if a formal amendment is needed.
167
llPIU/ I J/ Lu, I/ I up, ue: zo AM rAX No. P. 002/002
•i'::.r,c:i;3. ins: r
12 -Dec -I 1
Cert#: ?:i
.J .ing County Solid Waste DivisioniDept of Natural Resources Parks
Attn: 1-Morgan John Project Manager
201 S. Jackson St., Ste. 701
Seattle, WA 98104.3855
RE: City of Tuk% ila
Waste Reduction Recycling Program Gra 2012 -201
Evidence of Coverage
The above captioned entity is a member of the WaS Cities Insurance Authority
(WCL4 «yhich is a self insured pool of'over 140 rriunicipal corpcvrai:ons•in the State of
Washington.
1 XCIA has at least $1 million per occurrence combined. single lituit of liability coverage
in its self insured layer that may be applicable in the event. an ilicident occurs that is
deemed. to be attributed to tlxe negligence of the irternber.
WCIA is ari hiteTlocal Agreement among mutiicipallti.e, acid liability is con2pic;tely sell
funded by the membership. As-there is no insurance policy involved and WCIA is not
an insurance comliaAy, youT organization. c annot be n. -ined as an "additional insured P.
S1n0eie1y.,
.Eric S. Larson
Deputy Director
cc: Peggy McCarthy
Joltina l;ortelibery
RECEIVED 12- 13 -'11 09:16 FROM- TO- publicworks /dcd P002/002
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