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HomeMy WebLinkAboutCOW 2012-02-13 COMPLETE AGENDA PACKETTukwila City Council Agenda COMMITTEE OF THE WHOLE Jim Haggerton, Mayor Councilmembers: Joe Duff ie Dennis Robertson David Cline, City Administrator Allan Ekberg Kathy Hougardy Verna Seal, Council President De'Sean Quinn Kate Kruller Monday, February 13, 2012, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. SPECIAL a. An Interlocal Agreement with King County to accept the Waste Pg.1 ISSUES Reduction /Recycling Grant for 2012 -2013 in the amount of $78,934. b. A resolution regarding the Parks Recreation Change Fund. Pg.29 c. A resolution and Interlocal Agreement regarding the Regional Fiber Pg.39 Consortium. d. An Interlocal Agreement with King County for the 2012 Regional Aerial Pg.79 Mapping Project. e. A contract for comprehensive solid waste, recyclables and compostables collection. 4. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 5. MISCELLANEOUS 6. EXECUTIVE SESSION Personnel Issue Pursuant to RCW 42.30.110(1)(g) 45 minutes 7. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or tukclerk @tukwilawa.gov). This notice is available at www.tukwilawa.aov, and in alternate formats with advance notice for those with disabilities. Pg.99 Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your continents to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on continents received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS Initialr ITEMNO. Meeting Date Prepared by Maygr''s review COUn6il review 02/13/12 RF fie/ Q 02/21/12 RF 3 .A. AG ENDA I "1'I?"NI C,A'I'I ;GORY Discussion ITEM INFORMATION STAI''I' SPONSOR: JACK PACE Recycling Grant Interlocal Agreement AZtg Date 02113112 Motion Resolution Alt g Date 02121112 AIIIS Date ORIGINAI,AGI':NDA DATE: 02/13/12 Ordinance Bid A)vard Public Hearing ❑Other Mtg Date i17tg Date A1tg Date Mt g Date SPONS( Council Mayor HK DCD Finance Fire IT P &R Police PIV SPONSOR'S Tukwila has received a grant for $78, 934 from the King County Solid Waste Division to SUMMARY implement the Recycling Program to assist residents and businesses for two years from 1/1/12 through 12/31/13. The Recycling Program is funded entirely through grants. The City Council is being asked to authorize the Mayor to sign an Interlocal agreement with King County so that Tukwila can receive the Waste Reduction/ Recycling (W /RR) grant funds. cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 01/23/12 COMMITTEE CHAIR: ROBERTSON RECOMMENDATIONS: SPONS0 R /AD \41N. Department of Community Development C0 i\ n'I "I�; Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE E \1TND1 1'URI RI?(>UIRIa) AMOUNT BUDGETED APPROPRIATION REQUIRED $0 Fund Source: KING COUNTY SOLID WASTE DIVISION Coininents: I MTG.DATEI RECORD OF COUNCIL ACTION 02/13/12 I MTG.DATEI ATTACHMENTS 02/13/12 Informational Memorandum dated 01/17/12 Interlocal Agreement with King County Solid Waste Division Minutes from the Utilities Committee meeting of 1/23/12 02/21/12 1 x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Jack Pace, Community Development Director DATE: January 17, 2012 SUBJECT: Recycling Grant 2012 -2013 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. 3 INFORMATIONAL MEMO Page 2 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. ATTACHMENTS Interlocal Agreement WA2012 Info Memos- CounciRRecycling.doc 4 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. 9 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. X 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. 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. 7 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); rfoxna,ci.tukwila.wa.us, or designee. B. The County: 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. 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 2013 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. E 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 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. 01 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. 11 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: If to the City: 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 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 12 Exhibit A 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 C tukwilawa. eov 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 44, 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 -$4, 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 RF Page 1 of 11 01/17/2012 CADocuments and Settings\rebecca\Local Settings \Temporary Internet Files \Content.Outlook\BVYLCN4S \tuk FINAL -wRR scope 2012 2013.doc 13 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 RF Page 2 of 11 01/17/2012 CADocuments and Settings\rebecca\Local Settings \Temporary Intemet Files \Content.Outlook\BVYLCN4S \tuk FINAL -WRR scope 2012 2013.doc 14 3) Budget: $4,000.00 Exhibit A Estimated Costs I 2012/13 1 2012 1 2012 1 2012 1 2013 TOTAL I WRR I LHWMP I CPG I WRR I WRR I City Staff Costs 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 $0.00 Mana4ement/Staffinq /Admin /Graphics 1 $1,500.00 1 $5,834.93 1 $2,320.00 1 $750.00 I $750.00 1 $8,904.93 Event Staff Costs 1 $0.00 1 $880.00 1 $880.00 1 $0.00 1 $0. 1 $1,760.00 Collection /Hauling Costs I I I I I I Wood Waste 1 $0.00 1 $0.00 1 $150.00 1 $0.00 1 $0.00 1 $150.00 Scrap Metal, Appliances, etc. 1 $500.00 1 $0.00 I $750.00 1 $250.00 $250.00 I $1,000.00 Tires 1 $800.00 1 $0.00 I $0.00 1 $400.00 1 $400.00 1 $400.00 Used Oil/Antifreeze 1 $0.00 1 $1,000.00 1 $0.00 1 $0.00 1 $0.00 1 $1,000.00 Batteries 1 $0.00 1 $300.00 I $0.00 1 $0.00 1 $0.00 1 $300.00 Styrofoam 1 $200.00 1 $0.00 I $100.00 1 $100.00 1 $100.00 1 $200.00 Printing /Mailinq 1 $0.00 1 $600.00 1 $1,800.00 1 $0.00 1 $0.00 1 $2,400.00 Event Supplies 1 $0.00 1 $300.00 1 $0.00 1 $0.00 1 $0.00 1 $300.00 Other Expenses rentals, etc 1 $1,000.00 1 $295.01 1 $0.00 1 $500.00 1 $500.00 1 $795.01 TOTALS 1 $4,000.00 1 $9,209.94 1 $6,000.00 1 $2,000.00 1 $2,000.00 1 $17,209.94 *Hourly rates for consultant staff are as follows: Project Manager $70.00 and Event Staff $55.00. E) Task Performance Objectives: 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. RF Page 3 of 11 01/17/2012 CA\Documents and Settings\rebecca\Local Settings \Temporary Intemet Files \Content.Outlook\BVYLCN4S \tuk FINAL- -WRR scope 2012 2013.doc 15 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. RF Page 4 of 11 01/17/2012 CADocuments and Settings\rebecca\Local Settings \Temporary Intemet Files \Content.Outlook\BVYLCN4S \tuk FINAL -wRR scope 2012 2013.doc 16 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. RF Page 5 of 11 01/17/2012 CADocuments and Settings\rebecca\Local Settings \Temporary Intemet Files \Content.Outlook\BVYLCN4S \tuk FINAL -wRR scope 2012 2013.doc 17 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 1 2012 2013 Total Task 2: Non- $27,221.5 $35,331.5 $62,443 Residential Program Consultant $7,000 15,000 $22,000 Staff /admin. $14,000 $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. RF Page 6 of 11 01/17/2012 CADocuments and SettingsVebecca\Local Settings \Temporary Internet Files \Content.Outlook\BVYLCN4S \tuk FINAL -WRR scope 2012 2013.doc b. Schedule: Exhibit A 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. RF Page 7 of 11 01/17/2012 CADocuments and SettingsVebeccAL.ocal Settings \Temporary Internet Files \Content.Outlook\BVYLCN4S \tuk FINAL -wRR scope 2012 2013.doc 19 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 $500 $1,000 RF Page 8 of 11 01/17/2012 CADocuments and Settings\rebecca\Local Settings \Temporary Intemet Files \Content.Outlook\BVYL.CN4S \tuk FINAL -WRR scope 2012 2013.doc 20 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 RF Page 9 of 11 01/17/2012 CADocuments and Settings\rebecca\I.ocal Settings \Temporary Intemet Files \Content.Outlook\BVYLCN4S \tuk FINAL -wRR scope 2012 2013.doc 21 Exhibit A Subtask 2: Urban Forestry and Tree Protection 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. RF Page 10 of 11 01/17/2012 CADocuments and Settings\rebecca\Local Settings \Temporary lntemet Files \Content.Outlook\BVYLCN4S \tuk FINAL, -WRR scope 2012 2013.doc 22 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 1 2012 2013 Total Task 2: Sustainable Code Policy Staff /admin. $4,000 $4,000 $8,000 RF Page 11 of 11 01/17/2012 CADocuments and Settings\rebecca\Local Settings \Temporary Intemet Files \Content.Outlook\BVYLCN4S \tuk FINAL -wRR scope 2012 2013.doc 23 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 0 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. 25 UP, U/ J/ LU 1 1/ 1 US Ut}. Lo AM M No P. 002/002 I I I I I �.FI.;�t.? i",:11 CF' f 11.1 ��_l �?l'•;l�Z% 12- Doc -11 Bing County Solid Waste D1 vision/Dept of Natural Resources Parks Mtn: itilOrgmn .lohn, Project Manager 241 S. Jackson St., Ste. 101 Seattle:, WA 98104 -3355 RE: City of Tukw ila W, Reduction Recycling Program Gram 2012 2013) Evidence of Coverage The above captioned entity is a melliber of the Washillgtoll Cities insurance Authority (WCL4), ��Jiich is a self insured pool of over 140 municipal corporationsin the State of Washi.ntrton. WCIA has at least $1 million per occu.lrence combined single limit of liability coverage in its self insured la.yer that maybe applicable in the event an iiicide- occurs that is deemed to be attributed to the negligence of the member. W'CIA is an .tnterlocal Agreeinetit among municipaliti.es and liability 1s completely self funded by the membership. As there is no insurance policy involved and WCIA is not as .insurance company, yow o rganization.. cannot be!]. a:, an "a dditional Ilnsti SiMel -el Eric B. Larz�oil Deputy Director cc: Peg &�f McCarthy Jowimi ForteJ.ibell y RECEIVED 12- 13 -'11 09:16 FROM- TO- publicworks /dcd P002 /G02 26 Utilities Committee Minutes January 24, 2012 Pape 3 selected the final responsive bidder. King County has requested approved interlocal agreements and payment no later than February 29. The aerial flight must be completed by April 30. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 13 COW FOR DISCUSSION. D. Grant Acceptance: 201.2 -13 Recvcl1nQ Grants Staff is seeking Council approval for the Mayor to sign and enter into an interlocal agreement with the King County Solid Waste Division for Waste Reduction/Recycling grant funding in the amount of $78,934. This funding will be used to support the Tukwila Recycling Program during 2012 -13. The City is able to maintain and run the Tukwila Recycling Program through this grant funding which cycles every two years. Monies are received through the Waste Reduction/Recycling Grant (administered by King County) and often supplemented by funding received from the Washington Department of Ecology. This cycle's funding will be distributed as follows: Non Residential Recycling $62,443 Special Residential Recycling collection $4,000 Residential Programs $4,500 Sustainable Policy and Code Review Development $8,000 The Tukwila Recycling Program is 100% grant funded, and includes residential as well as business based recycling opportunities and other special collection events. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 13 COW FOR DISCUSSION. III. MISCELLANEOUS Committee Chair Robertson requested staff bring forward a 2012 Work Plan for the Committee, similar to what was recently presented at the Transportation Committee. Meeting adjourned at 7:13 p.m. Next meeting: Next meeting: Tuesday, February 14, 2012 5:00 p.m. Con£ Room No. 1. Y y Committee Chair Approval Minutes b) <AM. Reviewed by GL. 27 w COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date Prepared Gy Mayor' review Council review 02/13/12 PM 3 B 02/21/12 PM ITEM INFORMATION ST,U ^I SPONSOR: PEGGY MCCARTHY ORIGINALAGENDA DATE: 02/13/12 ,1Gi?ND.\ ITi�,N[ T rl.l City of Tukwila Parks Recreation revised change fund. C n'1(;ORY Discussion Motion Resolution Ordinance BidAaYard PublicHearirrg [:1 Other tl2tg Date 02113112 Illtg Date Mtg Date 02/21/12 111tg Date Aft g Date Mtg Date R2tg Date SPONSOR C0111161l Mayor HR DCD .Finance .Fire IT P&'R Police ❑PIT% The General Fund change fund level for the City of Tukwila Parks Recreation Deptment is SI nlnl.�RY currently established at $300.00 which includes $150.00 for the former City of Tukwila Pool. With the formation of the new Tukwila Pool Metropolitan Park District, the current change fund level at the Tukwila Community Center needs to be reduced from $300.00 to $150.00 by repealing existing Resolution No. 1754. RVIVIF "WIJ) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 02/07/12 COMMITTEE CHAIR: DE'SEAN QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Finance C0M,\41'rrEl�, Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExPI?NDITURI? RI ;X)UIRI-?D AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: C'onnnenl,v. MTG. DATE 02/13/12 MTG. DATE 02/13/12 1 02/21/12 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 1/24/12 Resolution in draft form Resolution #1754 Minutes from the Finance and Safety Committee Meeting of 2/7/12 29 30 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Peggy McCarthy, Interim Finance Director DATE: January 24, 2012 SUBJECT: Revision of Existing $300.00 Change Fund Level for the City of Tukwila Parks and Recreation Department and Repeal of Resolution No. 1754 ISSUE Revise and decrease the current General Fund change fund level from $300.00 to $150.00 for the City of Tukwila Parks and Recreation Department due to the formation of the Tukwila Pool Metropolitan Park District. BACKGROUND The General Fund change fund level for the City of Tukwila Parks Recreation Department is currently established at $300.00 which includes $150.00 for the former City of Tukwila Pool. The proposed resolution will reduce the authorized change fund balance to $150.00, the level currently in place at the Tukwila Community Center. The former $150.00 Pool change fund, now being used by the Tukwila Pool Metropolitan Park District TPMPD), will be refunded to the City; the TPMPD may then establish its own change fund. DISCUSSION The attached proposed draft resolution will revise the existing General Fund change fund level for the City of Tukwila Parks and Recreation Department as follows: Parks and Recreation General Fund 000 $150.00 Once the City Council approves the revision of the existing change fund level for the City of Tukwila Parks Recreation Department through the repeal of Resolution No. 1754, an internal accounting journal entry will be processed through the General Ledger to adjust the funds. RECOMMENDATION The Council is being asked to consider this item at the February 13, 2012 Committee of the Whole meeting and subsequent February 22, 2012 Regular Meeting. ATTACHMENTS Resolution in draft form Copy of Resolution No. 1754 31 32 r. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REDUCING THE CHANGE FUND LEVEL FOR THE PARKS RECREATION DEPARTMENT, AND REPEALING RESOLUTION NO. 1754. WHEREAS, the Tukwila City Council previously established Change Funds and Petty Cash Fund levels, most recently by Resolution No. 1754, passed December 5, 2011, and WHEREAS, the Change Fund level established by Resolution No. 1754 for the Parks Recreation Department was $300.00, which included $150.00 for the former City of Tukwila Pool; and WHEREAS, there is a need to reduce the Change Fund level in the General Fund 000 for the Parks Recreation Department to $150.00 due to formation of the Tukwila Metropolitan Park District; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Change Fund levels are hereby set as follows: Finance Department General Fund 000 100.00 Finance Department Water Fund 401 100.00 City Clerk's Office General Fund 000 100.00 Seattle Southside Visitor Center Hotel /Motel Tax Fund I 101 100.00 Municipal Court General Fund I 000 300.00 Parks and Recreation General Fund 000 399-99 150.00 Golf Course Foster Golf Course Fund 411 1,200.00 (or less as needed) W: \Word Processing \Resolutions \P &R Dept- Reduce Change Fund Level 1 -24 -12 LJ:bjs Page 1 of 2 33 Section 2. The Petty Cash Fund levels are hereby set as follows: Finance Department General Fund I 000 I 800.00 Police Investigation/Tukwila General Fund 000 10,000.00 Fire Department General Fund 000 350.00 Parks and Recreation General Fund 000 500.00 Public Works Division II General Fund 000 350.00 Public Works Division I General Fund 000 200.00 Section 3. Resolution No. 1754 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney W: \Word Processing \Resolutions \P &R Dept- Reduce Change Fund Level 1 -24 -12 LJ:bjs Page 2 of 2 34 City of u la Washington Resolution No. —j5j-5 y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A SECOND FINANCE DEPARTMENT CHANGE FUND LEVEL, AND REPEALING RESOLUTION NO. 1721. WHEREAS, the Tukwila City Council previously established Change Funds and Petty Cash Fund levels, most recently by Resolution No. 1721, passed July 19, 2010; and WHEREAS, the Change Fund levels established by Resolution No. 1721 included only one Change Fund level for the Finance Department, from the Water Fund -401; and WHEREAS, there is a need to establish a second Change Fund level from the General Fund -000 in the amount of $100.00 for the Finance Department for operational efficiency and improved customer service; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Change Fund levels are hereby set as follows: Finance Department Finance Department City Clerk's Office Seattle Southside Visitor Center (Municipal Court Parks and Recreation Golf Course General Fund water Fund General Fund IHotel /Motel Tax Fund (General Fund (General Fund Foster Golf Course Fund W: \Word Processing \Resolutions \Finance Dept- Second Change Fund Level 11 -3 -11 RT:bjs 000 I 100.00 401 I 100.00 000 100.00 101 I 100.00 000 I 300.00 000 I 300.00 411 1,200.00 (or less as needed) Page 1 of 2 35 Section 2. The Petty Cash Fund levels are hereby set as follows: Finance Department lGeneral Fund 000 800.00 Police Investigation /Tukwila lGeneral Fund 000 10,000.00 Fire Department lGeneral Fund 000 350.00 Parks and Recreation !General Fund 000 500.00 Public Works Division II !General Fund 000 350.00 Public Works Division I lGeneral Fund 000 200.00 Section 3. Resolution No. 1721 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 4 rt lf day of 2011. ATTEST /AUTHENTICATED: 0 1 F 7 Z.Av Christy O'Flah6ity, CMC, City ClerVI _Z*�a4 Allan Ekberg, Council Prgaident APPROVED AS T ORM BY: Sh M. KeA Chy_Attom Filed with the City Clerk: I Passed by the City Council:_I -(I Resolution Number: 'OS N W: \Word Processing \Resolutions \Finance Dept- Second Change Fund Level 11 -3 -11 RT:bjs Page 2 of 2 36 FINANCE AND SAFETY COMMITTEE Meeting Minutes February 7, 2012 5:15p.m.; Conference Room #3 City of Tukwila Finance and Safety Committee PRESENT Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Kate Kruller Staff: David Cline, Mike Villa, Peggy McCarthy and Kimberly Matej Guest: Chuck Parrish CALL TO ORDER: Chair Quinn called the meeting to order at 5:17 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Resolution: Parks Recreation Change Fund Staff is seeking Council approval of a resolution that will reduce the Parks Recreation Department change fund from $300 to $150. The original change fund of $300 included $150 for the Pool. Now that Pool falls under the Tukwila Metropolitan Park District, the $150 change fund will be returned to the City and the Metropolitan Park District will establish its own fund as appropriate. This will require the repeal of Resolution No. 1754. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 13 COW FOR DISCUSSION. B. Animal Control Update As information only, staff provided a brief overview of the background of animal control services currently provided to the City by King County. On July 1, 2010, the City entered into a 2 /z year contract with Regional Animal Services of King County (RASKC) for animal control services which will expire on December 31, 2012. With the expiration of the contract approaching, the City is now faced with considering three options: Continue to contract with RASKC for an additional three years Create a sub regional private public partnership with another city Create a Tukwila animal control program Discussion ensued among Committee Members and included program costs, cities that have pulled out of RASKC (Auburn) or are considering, and other calculated and/or potential programs risks. Currently, King County is subsidizing the RASKC contract, and Tukwila costs for 2013 are estimated to be $69,705. This subsidy will be guaranteed for the next contract (three years). Based on the discussion, Committee Members concurred with staff's recommendation that the City provide a first non binding statement of interest to RASKC regarding a new /additional contract by February 14, 2012. However, staff will continue to explore other opportunities for animal control services and continue to discuss service concerns and opportunities with RASKC. Committee Members were in agreement that if there are no significant changes in contract discussion (numbers and cities participation) staff does not need to bring this item back to Committee for the second non binding statement which must be submitted by May 1, 2012. Regardless, staff will return to Committee sometime in May when there is a draft contract. SUBMIT NON BINDING LETTER PER COMMITTEE RECOMMENDATION. 37 m COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Dale Prepared by Mayors review Coz}ncil- reviex 02/13/12 MM /BG �Jv 02/21/12 MM /BG 3. ITEM INFORMATION STAFF SPONSOR: M.MIOTKE /B.GIBERSON ORIGINALAGFNDADATI.: 2/13/12 ,V;FNDA hrrNi T n,I,r. Interlocal agreement authorizing the City to join the newly- reformed Community Connectivity Consortium C \'I'I3GOR1 ®.Discus.rian ❑Motion ®Resolution ❑Ordinance BiclAward Puhlic.Hearing Other Altg Date 02113112 Ali g Date Mtg Date 02121112 Altg Date IAltg Date Mtg Date Mtg Date S1'O NS0)It Council Mayor 1 4R DCD Finance Fire IT Pe:R Police PIV SPONSOR','; A resolution authorizing the Mayor to sign an updated Interlocal Agreement is required for SUwIN9, \RY the City of Tukwila to continue to be a participating agency in the newly- reformed Community Connectivity Consortium (CCC), previously known as the Regional Fiber Consortium, with other government agencies for the construction and management of fiber optic projects for the benefit of all agencies. The Council is being asked to consider and approve the resolution and associated plan to become a member. RY cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 01/24/12 COMMITTEE CHAIR: ROBERTSON RECOMMENDATIONS: SPONSOR /ADMIN. Public Works IT Departments C0MN7rrrl Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXIT {Nm'ruizI. Rl.,()UIRI AMOUNTBUDGETED APPROPRIATION REQUIRED $0 $5,000 Contingency $0 Fund Source: AT THIS TIME, NO FUNDS ARE REQUIRED FOR JOINING THE CCC,CONTINGENCY FUNDED IN IT BUDGET. Conznzents: Contingency fund for CCC overhead expense and /or annual project maintenance costs MTG. DATE 02/13/12 02/21/12 MTG. DATE 02/13/12 02/21/12 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 01/20/12 Resolution in draft form Ordinance adopted by City of Kirkland Charter /Bylaws of the Community Connectivity Consortium Interlocal Agreement, Fast Facts Sheet, Resolution #1708, passed by City Council 4/5/10. Minutes from the 1/24/12 Utilities Committee meeting 39 .s City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Mary Miotke, IT Director Bob Giberson, PW Directo Jg DATE: January 20, 2012 SUBJECT: Updated Interlocal Agreement for Regional Fiber Consortium ISSUE 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.orq. 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." 41 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. CCC will be operating 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 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 Resolution in draft form Ordinance adopted by City of Kirkland Charter /Bylaws of the Community Connectivity Consortium Interlocal Agreement Fast Facts Sheet Resolution #1708, passed by Tukwila City Council 4/5/10 C: ltemp \Content.Outlook\TD8KICPZII nfoMemoFiberConsortiu m012412. doc 42 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 W: \Word Processing- City \Resolutions \Community Connectivity Consortium 1 -9 -12 MM:bjs Page 1 of 2 43 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 1 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Verna Seal, Council President 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 W: \Word Processing- City \Resolutions \Community Connectivity Consortium 1 -9 -12 MM:bjs Page 2 of 2 ii Exhibit A 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'l 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. 45 0 -4325 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. 2011. Signed in authentication thereof this 18th day of October, MOOR Attest: City Cit''rk Approved as to Form: A-) A n.._ City Attorney f l; -2- W Exhibit B 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'j 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'), 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's 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 47 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 EN 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 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. 50 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 origin of such Charter as authorized by Ordinance No. 4325 of the City of Kirkland, this 2/ of fob 2011. m a C:�4 City Clerk of the City of Kirkland, Washington 51 52 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) 53 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) 54 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) 55 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) 56 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) 57 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: i. 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. ii. 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) MI 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) 59 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 Aareement 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 Aareement— 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) 1 Exhibit C 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 61 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. II. PURPOSE 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 62 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 63 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 .i 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: 65 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: 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: 67 CITY OF TUKWILA By: Its: Date: Approved as to form: Consortium Interlocal Final Page 8 of 8 VALLEY COMMUNICATIONS CENTER By: Its: Date: Approved as to form: i 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 health care. 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, lone -term decisions benefiting our customers. 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. Ill Ip( rtalit )Iit,10 Brenda Cooper, Board Chair CIO, City of Kirkland bcoor)er(@ci.kirkland.wa.us 425.587.3051 Stosh Morency, Board Vice -Chair Director of MIS, Renton School District stosh.morencv(@rentonschools.us 425.204.2270 Chelo Picardal, Board Member CTO, City of Bellevue coica rda I0 be I levuewa.aov 425.452.6106 Lorrie Rempher, Board Member CIO, City of Auburn Iremohert@au bu rnwa. eov 253.288.3160 Mehdi Sadri, Board Member Director, Information Technology City of Renton msa d ri C@ re nto nwa. eov 425.430.6886 Andy Stankovics, Board Member Telecom Projects Manager City of Seattle Andv.Stan kovicsC@seattle. aov 206.386.4029 Pamela K. Steward, Board Member Executive Director, Planning Facilities Infrastructure University of Washington oks(@uw.edu 206.685.7955 Lora Ueland, Board Secretary Director Valley Communications Center lorau anvallevcom.ore 253.372.1510 George McBride Consultant emcbride(a)em2.com 206.575.8559 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. FEB How much bandwidth is enough? 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. Ill Ip( rtalit )Iit,10 Brenda Cooper, Board Chair CIO, City of Kirkland bcoor)er(@ci.kirkland.wa.us 425.587.3051 Stosh Morency, Board Vice -Chair Director of MIS, Renton School District stosh.morencv(@rentonschools.us 425.204.2270 Chelo Picardal, Board Member CTO, City of Bellevue coica rda I0 be I levuewa.aov 425.452.6106 Lorrie Rempher, Board Member CIO, City of Auburn Iremohert@au bu rnwa. eov 253.288.3160 Mehdi Sadri, Board Member Director, Information Technology City of Renton msa d ri C@ re nto nwa. eov 425.430.6886 Andy Stankovics, Board Member Telecom Projects Manager City of Seattle Andv.Stan kovicsC@seattle. aov 206.386.4029 Pamela K. Steward, Board Member Executive Director, Planning Facilities Infrastructure University of Washington oks(@uw.edu 206.685.7955 Lora Ueland, Board Secretary Director Valley Communications Center lorau anvallevcom.ore 253.372.1510 George McBride Consultant emcbride(a)em2.com 206.575.8559 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. FEB How much bandwidth is enough? VdILA, 0% ik 1908 City of Tukwila Washington Resolution No. r 7 D 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 S day of __A6n t✓ 2010. ATTEST/ AUTHENTICATED: (ennisR�olertsZ_n, Council President Christy O'Flahgrty -CMC, City CIVk APPROVED AS TO BY: Filed with the City Clerk: J Passed by the City Council: L)- lc� i n Office of the City Attorney Resolution Number: I '7 D Attachment: Addendum 49 for Sharing Fiber Optic Installation Products W: \Word Processing\ Resolutions\ Fiber Optic Consortium.doc MM:MI4:ksn 03/29/2010 Page 1 of 1 71 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 72 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 Mayor, City of Renton Date 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 73 William M. Schrier Chief Technology Officer City of Seattle Date Approved as to Form: Pete Lewis Mayor, City of Auburn Date Approved as to Form: Jack Dovey Mayor, City of Federal Way Suzette Cooke Chair, Administrative Board Valley Communications Center Jim Haggerton Mayor, City of Tukwila Date Date City Attorney City Attorney Approved as to Form: Date City Attorney Approved as to Form: Kathy Turner Mayor, City of Puyallup Date 3 City Attorney MI 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 W:\Word Processing City \Resolutions \Community Connectivity Consortium 1 -9 -12 MM:bjs Page 1 of 2 75 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 S. 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. ATTEST /AUTHENTICATED: Christy O`Flaherty, CMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney 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 WAWord Processing- City\Resoiutions\Community Connectivity Consortium 1 -9 -12 MM:b;s Page 2 of 2 76 Utilities Committee Minutes January 24, 2012 Paoe 2 and interaction regarding the issue. Based on Committee discussion, Jeff Brown from Epicenter will modify the draft contract to reflect the time parameters regarding a Council decision whether or not to implement mandatory collection. If mandatory collection is implemented, the least expensive service under the new contract is $4.75 per month which includes a 32 gallon cart, once a month garbage pick -up, recyclable pick- up and annual curb -side clean -up. As for commercial recycling, currently cornnercial customers (which are defined as non residential) are either paying for recycling pick -up or are able to recycle certain items at no cost. The new draft contract incorporates commercial recycling pick -up for all commercial customers at no additional cost. Committee Members were supportive of and in agreement with this contract alternative. Regarding overall rate impacts, with one exception, all customer rates will go down. Under the theory that each line of business will be self sustaining, the only group that will experience a rate increase are the drop box customers whose pick -up is made on an on -call basis. The newly annexed, most southern portion of Tukwila (often referred to as Tukwila South) will not be included in the new draft contract with Waste Management. Instead, this area will be serviced by Allied Waste for, at least, the next seven years. UNANIMOUS APPROVAL WITH REMOVAL OF IMMEDIATE MANDATORY COLLECTION IMPLEMENTATION. UNANIMOUS APPROVAL, RECOMMEND PUBLIC MEETING REGARDING MANDATORY COLLECTION. FORWARD TO FEBRUARY 13 COW FOR DISCUSSION. B. Interlocal Agreement: Cormnunity Connectivity Consortium Staff is seeking Council approval to enter into an interlocal agreement with the Community Connectivity Consortium (CCC), a public corporation, whose purpose is to acquire, construct, operate, manage and maintain a regional cornnunications network for institutions such as governments, hospitals and schools. The City previously entered into a similar interlocal agreement with the Fiber Optic Consortium in March 2010, but the group grew considerably in size, and the need to reduce legal liability was identified. As a result, the Consortium has been renamed and is now identified as a public corporation. The original interlocal agreement was never fully executed since these governance concerns were being addressed. The newly fonned Consortium will still serve the same purpose, and Tukwila's interests remain the same. Consortium membership is anticipated to help Tukwila achieve such things as redundant fiber paths, facility connectivity and expand the ability to install and control closed circuit cameras. Currently, there are 18 agencies involved in the Consortium and 10 others that have expressed a desire to join. The City of Kirkland is taking the lead on coordination activities. In regards to funding, one of the goals is to fund efforts in such a way that costs are offset; however, there may be some costs involved, especially when an agency decides to participate in a project. Since there was not ample time to create a budget for 2012 prior to the interlocal agreement, voting members were asked to set aside $5,000 for Consortium related costs, if possible. The Consortium understands if members are not able to do so. Members are in process of developing a budget for the remainder of this year and 2013. In answer to a question asked by Committee Chair Robertson, the Consortium has no employees, and there is a provision for Consortium membership withdrawal. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 13 COW FOR DISCUSSION. C. Interlocal Funding Agreement: GIS Aerial Photos Staff is seeking Council approval to enter into an Interlocal Agreement with King County in an amount not to exceed $35,000 for the Tukwila portion of regional aerial mapping and relevant GIS data. The City is in need of updated higher quality aerial photos (last updated in 2009) and GIS data (last updated in 2005). For efficiency and costs savings, King County is organizing an aerial photo flight for over 45 cities via an interlocal agreement. The County has received five bids for the project, but has not yet awarded the contract. Based on these bids, the City of Tukwila's cost share will not exceed $35,000 budgeted project funding which will include a 15% contingency and sales tax. This final contract award amount may be less since this number is based on the highest bidder; however, as mentioned above, King County has not yet 77 OR COUNCIL AGENDA SYNOPSIS Initials ITEMNO. Meeting Date Prepared by Mayor's review Cqw ciCreview 02/13/12 I B ,0 IV-9 e-- f V/, 02/21/12 BG 3.D. I ITEM INFORMATION CAS NUMBER: AGENDA ITEM TITLE STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DA"1'E: 02/13/12 GIS Aerial Photos King County Interlocal Funding Agreement CATEGORY ®DZJCLfJfZOn ®Motion Resolution ❑Ordinance ❑Bid Award Public Hearin Other SPONSOR SPONSOR'S SUMMARY Mtg Date 02113112 Mtg Date 02/21/12 Mt Date Alt g Date Mtg Date Mtg Date Mtg Date Council Mayor HR DCD Finance .Fire IT P &R Police PW REVIEWED BY Detailed, accurate aerial photos and GIS data are citywide resources that aid City staff, Council, and the public for mapping, design work, and development proposals. For the 2012 aerial flight, we partnered with King County and 45 other agencies for efficiency and a substantial cost savings. The aerial flight is to be completed by April 30, 2012. Council is being asked to approve the interlocal funding agreement with King County for the 2012 Regional Aerial Mapping project in the final amount of $12,753.76. COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 01/24/12 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMI'171E E Unanimous Approval; Forward to Committee of the Whole. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $12,753.76 $35,000.00 $0.00 Fund Source: 000.13.594 .322.64.00 ENGINEERING CAPITAL Comments: MTG. DATE J RECORD OF COUNCIL ACTION 02/13/12 02/21/12 MTG. DATE ATTACHMENTS 02/13/12 I Informational Memorandum dated 02/13/12 (revised after 1/24 UC) King County Regional Aerial Mapping Funding Agreement King County Funding Agreement Distribution and Invoicing Totals Minutes from the Utilities Committee meeting of 01/24/12 02/21/12 79 x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: FROM DATE: Mayor Haggerton UTILITIES COMMITTEE Bob Giberson, Public Works Director February 13, 2012 (revised after 1124112 Utilities Committee) SUBJECT: GIS Aerial Photos ISSUE 2012 Regional Aerial Mapping Funding Agreement 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. King County has selected the final responsive bidder, Mapcon Mapping Inc. and Tukwila's portion of the project is $12,753.76, which includes a 15% contingency and 9.5% sales tax. The aerial flight must be completed by April 30, 2012 for optimal results (with "leaf off' tree conditions). King County requests that the Interlocal be approved with payment by February 29, 2012. King County Contract Tukwila's portion) RECOMMENDATION Fundinq Committment 2012 Budqet $12,753.76 $35,000.00 Council is being asked to approve the interlocal funding agreement with King County for the 2012 Regional Aerial Mapping project in the amount of $12,753.76 and consider this item at the February 13, 2012 Committee of the Whole meeting and subsequent February 21, 2012 Regular Meeting. Attachments: King County Regional Aerial Mapping Funding Agreement 2012 Aerial Mapping Project Funding Agreement Distribution and Invoicing Totals W:IPW Eng10THERIRoman Linsao12012 Regional Aedals\COWllnfo Memo 2012 Regional Aerial Photos 2- 18- 12.doc 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 Covington Water District, 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 Port of Seattle, the City of Poulsbo, the City of Redmond, the City of Renton, the City of Sammamish, the City of SeaTac, the City of Seattle, the City of Shoreline, the S'Klallam Tribe, the City of Snoqualmie, the Suquamish Tribe, the City of Tukwila, the United States Geological Survey, the Valley View Sewer District, the West Sound Utility District, the City of Woodinville, the Town 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 Regionall magery2012 _Funding_Final_2_Tukwi Ia.docx i 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. Regional Im agery2012_Funding_Fi nal_2_Tu kwi I a. docx i 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. 3. 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 VIL2. 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 Regional Imagery2012 _Funding_Final_2_Tukwi la. doc x iI 4 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 Regional Imagery20 12_Funding_Fi nal_2_Tukwi la. docx i matter is proposed by email in accordance with Section IV.5, by a simple majority of the TWG members. 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. Regional ILnagery2012_Funding_Fi n al_2_Tukwi la. docx W 31 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., February 29, 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 Regional Imagery2012_Funding_Fi nal_2_Tukwi la. doc x i 7 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. February 29, 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 Regiona I Imagery2012_Fu ndi n g_Fi nal_2_Tukwi la. doex 8 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 Party'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. Regional l magery2012_Funding_Fi n al_2_Tu kwi la. docx i M 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. Regional hnagery2012 _Funding_Final_2_Tukwi la. docx all XIX. COUNTERPARTS 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) City of Tukwila $2,602.05 $10,151.71 $12,753.76 Note: Item 1 cost includes contingency (15% applied to base imagery base cost only) and applicable tax (9.5% applied to base imagery base cost only) Item 2 total includes contingency (15% applied to supplemental base cost only) and applicable tax (9.5% applied to supplemental base cost only) Funding Commitment TOTAL is the sum of Item 1 and Item 2 Regi onal Imagery2012_Funding_Fin al_2_Tukwi l a. doc x 91 Party By Name Name Title Title Address Address Date Date Project Steering Committee Representative: Name E -Mail Phone Regional Imagery2012_Fu nding_Final_2_Tukwi la. docx Approved as to Form Only: 92 L King County MAIL PAYMENT TO: King County GIS Center 201 South Jackson Street, Suite 706 Seattle, WA 98104 -3855 Attn: Katy Cressey J J�'a A' J Irk To: Roman Linsao City of Tukwila RLinsao@ci.tukwila.wa.us Description of Services 2012 Regional Aerial Mapping Project Cost Share for City of Tukwila (incl. tax): Invoice No: TUKWILA Invoice Date: 2/6/12 Payment Due: Feb 29, 2012 Total $12,753.76 Total Cost 1 $12,753.76 1 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 at the above address. bN J N O F n, O N', Z �tA. 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U1' r 1 ah I F r Q O00 co a 1 1 a 1 N A V 1 d hG 1atr, ,a/ 1 T I lIn �t i I N cc ''U>• 6� iN"•, I N O vim, �1. .n u, l� It" yc '61 l r ry s o` 0 10`, �?t mII owja rn I O d. c a�'rn a1i 1 I R m w'• 1 i m m o O 1 I, r i it G 1 Q U 1 f, 1 y0 1 O a 0 In G •O ,yjY YyJ1 Y Y G �I O' d'p'io co 7 V1 I t6 1 R Y J V N A 0. 'V v cO d G N d d Q m c W Utilities Committee Minutes Januani 24, 2012 Pace 2 and interaction regarding the issue. Based on Committee discussion, Jeff Brown from Epicenter will modify the draft contract to reflect the time parameters regarding a Council decision whether or not to implement mandatory collection. If mandatory collection is implemented, the least expensive service under the new contract is $4.75 per month which includes a 32 gallon cart, once a month garbage pick -up, recyclable pick- up and annual curb -side clean -up. As for commercial recycling, currently commercial customers (which are defined as non residential) are either paying for recycling pick -up or are able to recycle certain items at no cost. The new draft contract incorporates commercial recycling pick -up for all commercial customers at no additional cost. Committee Members were supportive of and in agreement with this contract alternative. Regarding overall rate impacts, with one exception, all customer rates will go down. Under the theory that each line of business will be self sustaining, the only group that will experience a rate increase are the drop box customers whose pick -up is made on an on -call basis. The newly annexed, most southern portion of Tukwila (often referred to as Tukwila South) will not be included in the new draft contract with Waste Management. Instead, this area will be serviced by Allied Waste for, at least, the next seven years. UNANIMOUS APPROVAL WITH REMOVAL OF IMMEDIATE MANDATORY COLLECTION IMPLEMENTATION. UNANIMOUS APPROVAL, RECOMMEND PUBLIC MEETING REGARDING MANDATORY COLLECTION. FORWARD TO FEBRUARY 13 COW FOR DISCUSSION. B. Interlocal Agreement: Community Connectivity Consortium Staff is seeking Council approval to enter into an interlocal agreement with the Community Connectivity Consortium (CCC), a public corporation, whose purpose is to acquire, construct, operate, manage and maintain a regional communications network for institutions such as governments, hospitals and schools. The City previously entered into a similar interlocal agreement with the Fiber Optic Consortium in March 2010, but the group grew considerably in size, and the need to reduce legal liability was identified. As a result, the Consortium has been renamed and is now identified as a public corporation. The original interlocal agreement was never fully executed since these governance concerns were being addressed. The newly formed Consortium will still serve the same purpose, and Tukwila's interests remain the same. Consortium membership is anticipated to help Tukwila achieve such things as redundant fiber paths, facility connectivity and expand the ability to install and control closed circuit cameras. Currently, there are 18 agencies involved in the Consortium and 10 others that have expressed a desire to join. The City of Kirkland is taking the lead on coordination activities. In regards to funding, one of the goals is to fund efforts in such a way that costs are offset; however, there may be some costs involved, especially when an agency decides to participate in a project. Since there was not ample time to create a budget for 2012 prior to the interlocal agreement, voting members were asked to set aside $5,000 for Consortium related costs, if possible. The Consortium understands if members are not able to do so. Members are in process of developing a budget for the remainder of this year and 2013. In answer to a question asked by Committee Chair Robertson, the Consortium has no employees, and there is a provision for Consortium membership withdrawal. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 13 COW FOR DISCUSSION. C. Interlocal Funding Agreement: GIS Aerial Photos Staff is seeking Council approval to enter into an Interlocal Agreement with King County in an arnount not to exceed $35,000 for the Tukwila portion of regional aerial mapping and relevant GIS data. The City is in need of updated higher quality aerial photos (last updated in 2009) and GIS data (last updated in 2005). For efficiency and costs savings, King County is organizing an aerial photo flight for over 45 cities via an interlocal agreement. The County has received five bids for the project, but has not yet awarded the contract. Based on these bids, the City of Tukwila's cost share will not exceed $35,000 budgeted project funding which will include a 15% contingency and sales tax. This final contract award amount may be less since this number is based on the highest bidder; however, as mentioned above, King County has not yet 97 Utilities Committee Minutes Januarii24, 2012 Paoe 3 selected the final responsive bidder. King County has requested approved interlocal agreements and payment no later than February 29. The aerial flight must be completed by April 30. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 13 COW FOR DISCUSSION. D. Grant Accentance: 2012 -13 Recyclinz Grants Staff is seeking Council approval for the Mayor to sign and enter into an interlocal agreement with the King County Solid Waste Division for Waste Reduction/Recycling grant funding in the amount of $78,934. This funding will be used to support the Tukwila Recycling Program during 2012 -13. The City is able to maintain and run the Tukwila Recycling Program through this grant funding which cycles every two years. Monies are received through the Waste Reduction/Recycling Grant (administered by King County) and often supplemented by funding received from the Washington Department of Ecology. This cycle's funding will be distributed as follows: Non Residential Recycling $62,443 Special Residential Recycling collection $4,000 Residential Programs $4,500 Sustainable Policy and Code Review Development $8,000 The Tukwila Recycling Program is 100% grant funded, and includes residential as well as business based recycling opportunities and other special collection events. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 13 COW FOR DISCUSSION. III. MISCELLANEOUS Committee Chair Robertson requested staff bring forward a 2012 Work Plan for the Committee, similar to what was recently presented at the Transportation Committee. Meeting adjourned at 7:13 p.m. Next meeting: Next meeting: Tuesday, February 14, 2012 5:00 p.m. Conf. Room No. 1. Committee Chair Approval Minutes by�KAM. Reviewed by GL. COUNCIL AGENDA SYNOPSIS Initials Meetinu Date Prepared j 4 Mayor's review 02/13/12 I FI ?`1 alK 02/21/12 I FI271 I I I ITEM INFORMATION STAFF SPONSOR: FRANK IRIARTE Council review ITEM NO. 3.E. ORIGINAL AGENDA DATE: 02/13/12 AGENDA ITEM TITLE Comprehensive Solid Waste, Recyclables, and Compostables Collection Contract with Waste Management of Washington, Inc. CATEGORY N Discussion N Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 02/13/12 Mtg Date 02/21/12 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR SPONSOR'S SUMMARY Council Mayor HR DCD Finance Fire IT P &R Police N PW/ REVIl3WED BY The current solid waste, recyclables, and yard waste collection contract with Allied Waste expires on 10/31/12. Through a competitive process, the City negotiated a new contract with Waste Management that will be effective on 11/01/12 for seven years with two 2- year extension options. The new contract offers service enhancements and significant rate savings over the City's current contract. Additionally, the new contract will allow Tukwila to enhance its recycling program and increase diversion from the landfill. CO`s Mtg. CA &P Cmte F &S Cmte Transportation Cmte N Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 01/24/12 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR /ADMINT. Public Works Department COmm"I TEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: COM172ents: MTG. DATE 02/13/12 02/21/12 MTG. DATE 1 02/13/12 1 02/21/12 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 02/13/12 (revised after the 1/24/12 UC Meeting) 2012 -2019 Solid Waste, Recyclables and Compostables Collection Contract (revised) Community Engagement, Education and Public Outreach Program Highlights Mandatory Garbage Collection Information Sheet Minutes from the Utilities Committee meeting of 01/24/12 w e Mrs, s, City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director­45� DATE: February 13, 2012 (revised after 1124112 Utilities Committee) SUBJECT: Comprehensive Solid Waste, Recyclables and Compostables Collection Contract ISSUE Approve the 2012 -2019 Comprehensive Solid Waste, Recyclables and Compostables Collection Contract with Waste Management of Washington, Inc. BACKGROUND The current Comprehensive Solid Waste, Recyclables, and Yard Waste Collection Contract with Allied Waste/ Republic 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 on October 17, 2011 from three proponents; Allied Waste /Republic Services, Inc., CleanScapes Inc., and Waste Management of Washington, Inc. 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 2011 as part of the evaluation process. At the conclusion of the evaluation process, proponents were rated and scored. Waste Management of Washington, Inc. was selected by the Evaluation Team as the highest -rated proponent. The City proceeded to conduct negotiations with Waste Management through the end of December 2011 resulting in the attached contract (Attachment 1). This contract covers residential and non residential solid waste, recycling, and compostables services throughout the entire City, except the recently annexed area. 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 included: 1) Price; 2) Customer Service Approach, and References; and 3) System Design, Operations and Sustainability. Scores were as follows: WAPW Eng \PROJECTS \Solid Waste \Info Memo -Solid Waste Contract UC 2 -6 -12 gl.docx 101 Customer Service System Design, Approach Operations and References Sustainability Price Total Score Proponent (25 Points) (15 Points) (60 Points) (100 Points) Allied Waste/ Republic 17.75 10.50 60 88.25 CleanScapes 21.75 12.25 55 89 Waste Management 24.50 14.25 60 98.75 WAPW Eng \PROJECTS \Solid Waste \Info Memo -Solid Waste Contract UC 2 -6 -12 gl.docx 101 INFORMATIONAL MEMO Page 2 Allied Waste /Republic 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 sustain ability), Waste Management scored the highest overall and was selected by the City's 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 citywide litter collection and other solid waste management related functions. Robust Community Engagement, Education and Public Outreach Program: See Attachment 2. The new contract contains provisions for two RFP alternatives: 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. Waste Management proposed a $7.68 /year /household reduction in residential rates for mandatory collection. A public meeting has been scheduled on April 23, 2012 to provide residents an opportunity to weigh in and comment on mandatory garbage collection. The April meeting will allow residents to receive at least two weeks notice and information regarding mandatory collection in the late March Tukwila Reporter edition. Attachment 3 provides important considerations when deliberating the merits of implementing mandatory collection. WAPW Eng \PROJECTS \Solid Waste \Info Memo -Solid Waste Contract UC 2 -6 -12 gl.docx 102 INFORMATIONAL MEMO Page 3 Commercial Recvclina 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 additional recycling, even if they would have potential savings in their garbage collection 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. With 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 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 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- 800.00 on a drop box, so a $33 increase in haul rate on a $500- 1,000.00 bill is a negligible increase, particularly since that customer would also be eligible for recycling services at no additional charge. WAPW Eng \PROJECTS \Solid Waste \Info Memo -Solid Waste Contract UC 2 -6 -12 gl.docx 103 Current New Service Level 2012 Rate 2012 Rate Additional Services 32/35 Gallon Cart (Monthly) $6.72 $5.39 32/35 Gallon Cart $13.96 w/o $10.92 w/o (Weekly) compost, compost, New carts, expanded $23.37 with $18.54 with recycling, paperless discount 60/64 Gallon Cart $20.08 w/o $16.92 w/o in addition to base rate (Weekly) compost, compost, decrease if used. $29.49 with $24.54 with 90/96 Gallon Cart $28.67 w/o $22.92 w/o (Weekly) compost, compost, $38.08 with $30.54 with 1 yard "Dumpster" $66.21 1 $59.24 1 New garbage containers, 3 yard "Dumpster" $159.66 $143.95 recycling included in rates, 8 yard "Dumpster" $381.27 $345.40 paperless discount if used. 30 yard Drop -box $107.01 1 $139.80 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 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- 800.00 on a drop box, so a $33 increase in haul rate on a $500- 1,000.00 bill is a negligible increase, particularly since that customer would also be eligible for recycling services at no additional charge. WAPW Eng \PROJECTS \Solid Waste \Info Memo -Solid Waste Contract UC 2 -6 -12 gl.docx 103 INFORMATIONAL MEMO Page 4 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. RECOMMENDATIONS Approve the 2012 -2019 Comprehensive Solid Waste, Recycling, and Compostables Collection Contract (without mandatory collection) with Waste Management of Washington, Inc. and consider this item at the February 13, 2012 Committee of the Whole Meeting and subsequent February 21, 2012 Regular Meeting. Hold a public meeting on April 23, 2012 to discuss mandatory garbage collection and obtain public input Attachments 1. 2012 -2019 Solid Waste, Recycling, and Compostables Collection Contract 2. Community Engagement, Education and Public Outreach Program Highlights 3. Mandatory Garbage Collection Information Sheet WAPW Eng \PROJECTS \Solid Waste \Info Memo -Solid Waste Contract UC 2 -6 -12 gl.docx 104 COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION AGREEMENT City of Tukwila and Waste Management of Washington, Inc. November 1, 2012 October 31, 2019 105 106 COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION CONTRACT TABLE OF CONTENTS RECITALS DEFINITIONS 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 Appr oval .............................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 i Solid Waste Collection Contract 107 COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION CONTRACT TABLE OF CONTENTS (CONTINUED) 2.2 COLLECI'ION SERVICES .............................24 2.2.1 Single Family Residence Garbage Collection .............................24 2.2.1.1 Subject Materials .............................24 2.2.1.2 Collection Containers .............................24 221.3 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 Material s .............................32 2.2.4.2 Specific Collection Requirements .............................33 2.2. S 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- Farnily Complex and Commercial Customer Compostables Collection ......................38 2.2.8.1 Subject Material s .............................38 2.2.8.2 Containers .............................38 2.2.8.3 Specific Collection Requirements .............................39 2.2.9 Drop -Boa: 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 Solid Waste Collection Contract 1: 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 2.3.2.2 Customer Service Requirements .............................46 2.3.3 Contractor's Customer Billing Responsibilities 50 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 3.1.4 Mandatory Collection Implementation and Enforcement .............................58 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 ...........................6169 4. FAILURE TO PERFORM, REMEDIES, TERMINATION .............................61 4.1 PERFORMANCE FEES .............................61 4.2 CONTRACT DEFAULT 64 5. NOTICES 66 City of Tukwila Solid Waste Collection Contract 109 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 ............................686-7 6.4 INSURANCE .............................68 64.1 Minimum Scope of Insurance 68 64.2 Minimum Amounts of Insurance 69 6.4.3 Deductibles and Self Insured Retentions 69 6.4.4 Other Insurance Provisions 7069 64.5 Acceptability of Insurers 70 6.4.6 Verification of Coverage 70 64.7 Subcontractors 70 6.5 PERFORMANCE BOND ...........................717-9 6.6 INDEMNIFICATION .............................71 661 Indennnify and Hold Harmless 71 662 Notice to Contractor; Defense .............................71 6.6.3 Industrial Insurance Immunity Waiver 72 6.7 PAYMENT OF CLAIMS .............................72 6.8 CONFIDENTIALITY OF INFORMATION .............................72 6.9 ASSIGNMENT OF CONTRACT .............................72 6.9.1 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 6.15 CONTRACTOR'S RELATIONSHIP WITH CUSTOMERS 75 6.16 BANKRU1 .............................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 ...........................777-6 Attachment A: Service Area Map Attachment B: Contractor Initial Rates Attachment C: Rate Modification Example City of Tukwila iv Solid Waste Collection Contract aft 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 1 Solid Waste Collection Contract 111 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 112 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 sea., as amended by the Hazardous and Solid Waste Amendments "HSWA of 1984; the Toxic Substances Control Act, 15 U.S.C. 2601 et sea.; 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 Solid Waste Collection Contract 113 fiber -based materials meeting industry standards. paper or paper packaging combined with plastic, Mixed Paper. Tissue paper, paper towels, food contaminated wax or foil are excluded from the definition of 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. City of Tukwila Solid Waste Collection Contract 114 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 Solid Waste Collection Contract 115 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. 1. TERM OF CONTRACT 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 City of Tukwila 6 Solid Waste Collection Contract 116 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 City of Tukwila 7 Solid Waste Collection Contract 117 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. City of Tukwila 8 Solid Waste Collection Contract 118 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 City of Tukwila 9 Solid Waste Collection Contract 119 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. City of Tukwila 10 Solid Waste Collection Contract W 01 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 City of Tukwila 11 Solid Waste Collection Contract 121 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 Solid Waste Collection Contract 122 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 City of Tukwila 13 Solid Waste Collection Contract 123 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 City of Tukwila 14 Solid Waste Collection Contract 124 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 City of Tukwila 15 Solid Waste Collection Contract 125 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 City of Tukwila 16 Solid Waste Collection Contract MW 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 City of Tukwila 17 Solid Waste Collection Contract 127 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. City of Tukwila 18 Solid Waste Collection Contract 128 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 City of Tukwila 19 Solid Waste Collection Contract 129 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 City of Tukwila 20 Solid Waste Collection Contract 130 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 City of Tukwila 21 Solid Waste Collection Contract 131 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. City of Tukwila 22 Solid Waste Collection Contract 132 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 City of Tukwila 23 Solid Waste Collection Contract 133 (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 City of Tukwila 24 Solid Waste Collection Contract 134 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 City of Tukwila 25 Solid Waste Collection Contract 135 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 Solid Waste Collection Contract 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. City of Tukwila Solid Waste Collection Contract 27 137 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 City of Tukwila 28 Solid Waste Collection Contract 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 City of Tukwila 29 Solid Waste Collection Contract 139 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 City of Tukwila 30 Solid Waste Collection Contract 140 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. City of Tukwila 31 Solid Waste Collection Contract 141 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 M 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 City of Tukwila 33 Solid Waste Collection Contract 143 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. City of Tukwila 34 Solid Waste Collection Contract 144 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. City of Tukwila 35 Solid Waste Collection Contract ,lm 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. City of Tukwila 36 Solid Waste Collection Contract imi 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. City of Tukwila 37 Solid Waste Collection Contract 147 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 party. 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. City of Tukwila 38 Solid Waste Collection Contract 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 Solid Waste Collection Contract 149 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 City of Tukwila 40 Solid Waste Collection Contract 150 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 1242142n' 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 party, 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 41 151 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 152 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. 43 153 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. City of Tukwila 44 Solid Waste Collection Contract 154 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. City of Tukwila 45 Solid Waste Collection Contract 155 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 156 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 2.3.3.2.3, 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. City of Tukwila 47 Solid Waste Collection Contract 157 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 City of Tukwila 48 Solid Waste Collection Contract I 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 City of Tukwila 49 Solid Waste Collection Contract 159 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 (1 per month and NSF charges shall not exceed twenty dollars ($20.00) per NSF check or actual bank charges, whichever is greater. City of Tukwila 50 Solid Waste Collection Contract U1 1-10 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 City of Tukwila Solid Waste Collection Contract 51 161 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 City of Tukwila 52 Solid Waste Collection Contract 162 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 City of Tukwila 53 Solid Waste Collection Contract i U-I 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 City of Tukwila 54 Solid Waste Collection Contract 1•. 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 City of Tukwila 55 Solid Waste Collection Contract 165 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. City of Tukwila 56 Solid Waste Collection Contract 166 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- City of Tukwila 57 Solid Waste Collection Contract 167 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 Implementation and Enforcement Upon ninety (90) days written notice from the City, the City may implement mandatory collection for any or all classes of Customers. The City must provide this notification to the Contractor no later than October 31, 2014 for implementation no later than January 1, 2015. In the event that the City exercises this option, the Contractor shall reduce all Single family Customer rates by $0.64 per month, starting on the date of implementation. The Customer collection procedures outlined in this Section 3.1.4 shall supersede and replace the procedures outlined in Section 3.1.3. If implemented, the Contractor shall assist the City with enforcing mandatory collection for all Customers. The City shall work with the Contractor during ordinance development to ensure that enforcement procedures are effective and will work for both the City and Contractor. 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 City of Tukwila 58 Solid Waste Collection Contract 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. 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 CWURA423SAO 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 City of Tukwila 59 Solid Waste Collection Contract 169 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 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 City of Tukwila 60 Solid Waste Collection Contract lM 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 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 o n notification, including, but City of Tukwila Solid Waste Collection Contract a route after Twenty -Five dollars ($25) per incident, not limited to, not to exceed thirty (30) complaints per 61 171 ACTION OR OMISSION 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. Failure to collect spilled materials. 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. AMOUNT truck per day. Twice the cost of cleanup to the City or King County, plus Five Hundred Dollars ($500) per incident. 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. City of Tukwila Solid Waste Collection Contract 62 172 ACTION OR OMISSION AMOUNT 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 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. City of Tukwila Solid Waste Collection Contract 63 173 ACTION OR OMISSION AMOUNT 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. 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. City of Tukwila 64 Solid Waste Collection Contract 174 (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 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 City of Tukwila 65 Solid Waste Collection Contract 175 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. 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. City of Tukwila 66 Solid Waste Collection Contract 176 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 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. City of Tukwila 67 Solid Waste Collection Contract 177 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, 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 City of Tukwila 68 Solid Waste Collection Contract UNKI 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 Liability 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 11 85 or equivalent. There shall be no endorsement or modification of the Commercial General Liability 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 Leaal Liability 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 Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. (2) Commercial General Liability 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. City of Tukwila 69 Solid Waste Collection Contract 179 (3) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (4) Pollution Leiaal Liability 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 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 City of Tukwila 70 Solid Waste Collection Contract :1 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 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, City of Tukwila 71 Solid Waste Collection Contract 181 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 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 City of Tukwila 72 Solid Waste Collection Contract IA 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 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 City of Tukwila 73 Solid Waste Collection Contract 183 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 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 City of Tukwila 74 Solid Waste Collection Contract 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 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 City of Tukwila 75 Solid Waste Collection Contract 185 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. 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. City of Tukwila 76 Solid Waste Collection Contract 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 C By: Mayor Tukwila, WA ATTEST: City Clerk, APPROVED AS TO FORM: City Attorney, Attachments: A. Service Area Map B. Contractor Rates C. Rate Modification Examples City of Tukwila 77 Solid Waste Collection Contract 187 IFK.T.l GIs Tukwila Date: January 11,169 I'I, City of Tukwila Collection Contract Attachment B Pounds Service Level Monthly One 32 gallon Garbage Can or Units Weekly One 10 gallon Micro -Can Residential One 20 gallon Mini -Can Curbside 1 32 gallon Garbage Cart Service 1 64- gallon Garbage Cart 3.97 1 1 96- gallon Garbage Cart 6.52 I Additional 32 Gallon Cans (weekly svc) 4.79 I Extras (32 gallon equivalent) 1 13.04 1 S Miscellaneous Fees: 4.42 1$ EoW Yard Debris service 1 20.86 1 Yard Debris extra (32 gallon equiv) 5.99 1 96 Gallon Extra Yard Waste Cart Rental I 41.72 1 Return Trip 7.07 1 Carry-out Charge, per 25 ft, per month 1 62.58 1 Drive -in Charge, per month 8.14 1 Overweight/Oversize container (per p /u) 1 20.86 1 Redelivery of containers 1.07 1 Cart Cleaning (per cart per event) 1 20.86 1 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 I Extras (32 gallon equivalent) I I Miscellaneous Fees: I Weekly Yard Debris/Foodwaste service I I 64/96 Gallon Yard Extra Waste Cart Rental I Return Trip I I Carry -out Charge, per 25 ft, per p/u I Drive -in Charge, per month (per p /u) I I Gate and /or unlock fee (per p /u) I Container roll -out, >10 feet (per p /u) Overweight /Oversize container (per p /u) I Redelivery of container I I Cart Cleaning (per cart per event) 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 1 200.00 1 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 4.911$ 1 Cubic Yard, 5 pickups /week Pounds Total Per Disposal Collection Service Unit Fee Fee Fee 26.08 1 1.42 1 3.97 1 5.39 6.52 I 1.54 I 4.79 I 6.33 1 13.04 1 S 3.08 1$ 4.42 1$ 7.50 1 20.86 1 4.93 1 5.99 1 10.92 I 41.72 1 9.85 1 7.07 1 16.92 1 62.58 1 14.78 1 8.14 1 22.92 1 20.86 1 4.93 1 1.07 1 6.00 1 20.86 1 1.14 1 3.86 1 5.00 I I I I I I I I 7.62 I I I I 1.50 I I I I 1.50 I I I I 6.00 I I I I 4.00 I I I I 6.00 I I I I 3.00 I I I I 10.00 I I 10.00 I I I I S 7.50 150.00 1 8.18 1 47.13 1 55.31 1 250.00 1 13.63 1 69.24 1 82.87 1 200.00 1 10.90 1 45.45 1 56.35 1 100.00 1$ 5.45 1$ 50.77 1 S 56.22 1 13.041$ 3.081$ 4.911$ 7.99 1 20.86 i 4.93 1 6.37 I 11.30 1 41.72 1 9.85 1 7.90 1 17.75 1 62.58 1 14.78 1 10.90 1 25.68 1 20.86 1 1.14 1 3.86 1 5.12 I I I I I 1 I I 10.07 I I I I 1.50 I I I I 6.00 I I I I 1.50 I I I I 6.00 1.50 I I I 3.00 1 i 3.00 1 10.00 I 1 I I 10.00 420.98 1 99.42 i 146.28 1 245.70 631.47 1 149.13 1 168.67 1 317.80 1 841.96 1 198.84 1 191.16 1 390.00 1 1,262.94 1 298.26 1 216.84 I 515.10 1 1,683.92 1$ 397.68 1$ 242.32 1 S 640.00 1 2,525.88 1 596.52 1 271.68 1 868.20 1 120.28 1 28.41 1 30.83 1 59.24 1 120.28 1$ 56.81 1$ 61.67 I S 118.48 120.28 1 85.22 1 92.50 1 177.72 120.28 1 113.62 1 S 123.34 1 236.96 120.28 1 142.03 1 154.17 1 296.20 191 City of Tukwila Collection Contract Attachment B 192 Pounds Total Per Disposal Collection Service Service Level Unit Fee Fee Fee 1.5 Cubic Yard, 1 pickup /week I 180.42 42.61 39.76 82.37 1.5 Cubic Yard, 2 pickups /week I 180.42 85.22 79.52 164.74 1.5 Cubic Yard, 3 pickups /week 180.42 127.83 119.28 247.11 1.5 Cubic Yard, 4 pickups /week 180.42 170.44 159.04 329.48 1.5 Cubic Yard, 5 pickups /week I 180.42 213.04 198.81 411.85 2 Cubic Yard, 1 pickups /week 240.56 56.81 44.09 100.90 2 Cubic Yard, 2 pickups /week I 240.56 113.62 88.18 201.80 2 Cubic Yard, 3 pickups /week 240.56 170.44 132.26 302.70 2 Cubic Yard, 4 pickups /week I 240.56 227.25 176.35 403.60 2 Cubic Yard, 5 pickups /week I 240.56 284.06 220.44 504.50 3 Cubic Yard, 1 pickup /week 360.84 85.22 58.73 143.95 3 Cubic Yard, 2 pickups /week I 360.84 170.44 117.46 287.90 3 Cubic Yard, 3 pickups /week I 360.84 255.65 176.20 431.85 3 Cubic Yard, 4 pickups /week I 360.84 340.87 234.93 575.80 3 Cubic Yard, 5 pickups /week I 360.84 426.09 293.66 719.75 4 Cubic Yard, 1 pickup /week I 481.12 113.62 73.61 187.23 4 Cubic Yard, 2 pickups /week I 481.12 227.25 147.21 374.46 4 Cubic Yard, 3 pickups /week 481.12 340.87 220.82 561.69 4 Cubic Yard, 4 pickups /week 481.12 454.49 294.43 748.92 4 Cubic Yard, 5 pickups /week 481.12 568.12 368.03 936.15 6 Cubic Yard, 1 pickup /week 721.68 170.44 93.56 264.00 6 Cubic Yard, 2 pickups /week 721.68 340.87 187.13 528.00 6 Cubic Yard, 3 pickups /week 721.68 511.31 280.69 792.00 6 Cubic Yard, 4 pickups /week 721.68 681.74 374.26 1,056.00 6 Cubic Yard, 5 pickups /week 721.68 852.18 467.82 1,320.00 8 Cubic Yard, 1 pickup /week 962.24 227.25 118.15 345.40 8 Cubic Yard, 2 pickups /week 962.24 454.49 236.31 690.80 8 Cubic Yard, 3 pickups /week I 962.24 681.74 354.46 1,036.20 8 Cubic Yard, 4 pickups /week 962.24 908.99 472.61 1,381.60 8 Cubic Yard, 5 pickups /week 962.24 1,136.24 590.76 1,727.00 Extra loose cubic yard, per pickup 120.28 6.56 14.64 21.20 Drop Box Miscellaneous Fees (per occurance): Return Trip 10.00 Roll -out Container over 10 feet (per p /u) 3.00 Unlock Container (per p /u) I I 1.50 Gate Opening (per p /u) 1.50 Daily Monthly Delivery Haul Service Level Rent Rent Charge Charge Commercial Non -comp 10 cubic yard DB 1.70 40.00 50.00 115.80 Non -comp 15 cubic yard DB 1.80 43.00 50.00 121.80 Drop -box Non -comp 20 cubic yard DB 1.90 46.00 50.00 127.80 Collection Non -comp 25 cubic yard DB 2.10 51.00 50.00 133.80 Non -comp 30 cubic yard D13 2.30 56.00 50.00 139.80 Non -comp 40 cubic yard D13 2.80 67.00 50.00 151.80 Compacted 10 cubic yard Drop -box 50.00 143.29 Compacted 15 cubic yard Drop -box 50.00 149.29 Compacted 20 cubic yard Drop -box 50.00 155.29 Compacted 25 cubic yard Drop -box 50.00 161.29 Compacted 30 cubic yard Drop -box 50.00 167.29 192 City of Tukwila Collection Contract Attachment B Service Level 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 Pounds Total Per Disposal Collection Service Unit Fee Fee Fee I 1 1 50.00 179.29 Pounds Per Disposal Collection Haul Unit Fee Fee Charge 481.12 I 26.22 I 21.79 48.01 721.68 39.33 27.82 67.15 962.24 I 52.44 I 35.20 I 87.64 I I I 117.80 Drop -box turn around charge I 117.80 Hourly Rear /Side -load packer driver 117.80 Drop -box Truck driver 117.80 I I Delivery I Daily Monthly Fee Rental Rental I 50.00 I 1.25 I 14.90 50.00 I 1.55 i 17.10 I 50.00 I 1.70 I 19.70 I 50.00 I 2.00 I 51.00 I 50.00 I 2.25 I 57.00 50.0OI 2.75 69.00 50.00 I 3.25 I 84.00 I I I I I I Per Event I 25.00 I I I 1.60 10.00 I I I Per Hour 95.00 95.00 95.00 45.00 193 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 I I Miscellaneous Fees: Return Trip Stand -by Time (per minute) Drop -box turn around charge I Service I Hourly Rear /Side -load packer driver Rates Front -load packer driver Drop -box Truck driver Additional Labor (per person) 193 194 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= ODCx OTF Step 2: NDC A [(A ODC) x CETR] City of Tukwila Attachment C .im Where NDC The new disposal charge component of the customer rate for a particular service level; and NTF The new disposal fee, dollars per ton; and CDC 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 [l+ 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. 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SZ C Q- 41 L m Y 0 N �J c6 L E Y C C p CZ. a aJ a) N Y 0 0- CL Q O L O Q p iZ N c 7 OU O L L 3 Y C L a C L aJ N CL N a SZ iZ -O o •V U o t ,N a C Q U tan N t iii a N N to a .0 u o 3 (v p to 3 a Y Q tin c a m v CL C c-0 E v L y_ N a v c 3 aJ ra t 0 o tw M c -a W x N c Cln L 3 to aJ o N Y _o txO m v— c .c a cts .E N O U C co o a N c- c Y a 0 U a a to N a v E a L a C L 3— Y L L o tan p c E E v aci o c c E 3 tiA u L c .tc_o •O o U o m "o Q) Y 'O p a i C a Y a o lY fo (6 a Y N L U p cc C C hA Y a a L C ftT a C L C fD O O o CO N f W 0 to -0 L 7 L L a to t O E vi a O 0 E E v U w aJ c- o a u j E E -0 C a v N tio L T LL_ v w Q• 0 taA N a o Q tts p C a V) tts C N 0 +a, N to L h a O a N N j m Q Y C v o 0 O N C m Q 3 c a. c G° 3 W U t2 G a o E O Y C w Y to nn W SZ a 3 c c6 a c 'CLo o a E lY a o a o m 0 L 0 to o_ E Q Y L to u L C o M a Y o a c i i C m 0 U T~ tts C N C 0 3 C o N i C C E C N aJ N C 3 CCS C C CU 1 'i/a a .0 N a p YO a p y C 3 0 Lon aJ 'n 3 3 aJ C aJ o v U i a� E N t]n m t C O Q- v Y U D (7 0 U U V 3 a a O C tts aJ a C+ Z3 a Ln E O p o 0 V) 7 3 a C id o a) OU L U OU N i+ v OU m l E t3 of co Q ro t3 N N C y O E 41 v L f 'Q H M m a C 7 W a a_+ L E t° 3 p t4 C CC cu CL Q M m o v E v a E 3 u N Mandatory Collection Attachment 3 What are the savings if the City proceeds with mandatory collection? Individual customers would save $0.64 /month on their rates. The 2,600 current customers would save about $20,000 /year. What percentage of customers currently have collection? Approximately 74% of Tukwila single family customers have garbage collection (2600 current single family customers/ 3500 single family residents. What do non customers do with theirgarbage? Some self -haul to King County transfer stations or may use other legal methods such as dumping in their workplace Dumpster (with permission) or sharing service with a neighbor. Other residents rely on illegal disposal including burning, burying, using commercial dumpsters (without permission), accumulating in rental spaces or dumping. Why should people have to pay for mandatory collection if they currently handle their materials legally? The new contract has been structured to provide a very economical service level that is actually less expensive than self hauling. The lowest service level is once per month collection of one 32- gallon garbage cart (the cart is provided by the contractor), unlimited every- other -week recycling and access to the City's annual curbside clean -up program where bulky material and appliances can be set at the curb at no additional charge. This service cost $4.75 /month under the new contract is less than paying the minimum fee at King County's transfer station three times a year. The savings don't matter to us -we just prefer to self -haul. King County plans to increase the minimum fee (currently $20) and decrease recycling opportunities for self- haulers at transfer stations on the assumption that almost all King County residents have access to garbage and recycling collection. Legal self -haul will become harder and less attractive in the future. What about low- income households? As described above, the minimum service level is less expensive than other legal options. The $4.75 /month is more expensive than illegal disposal, but illegal disposal increases costs to the community at large. What about senior /disabled households? The new contract continues current provisions that allow eligible households a 50% discount on collection services. In that case, the monthly fee for the minimum service level would be $2.38 /month, which is far less than any other legal disposal method. What are the net ratepayer costs of having or not having mandatory collection? If mandatory collection is implemented, the 3,500 total (2,600 current customers plus 900 non subscribers) single family households will save $26,880 annually. If all 900 current non- subscribers signed up for the minimum service, they would collectively pay a total of $51,300 annually. Will Mandatory collection help City's effort curb illegal dumping, litter, and accumulation of trash /garbage in private property? In 2011, Tukwila's Code Enforcement Office handled 105 trash and garbage complaints in the City. Most of the complaints were for accumulation of garbage, yard waste and bulky items such as furniture, appliances, etc. in private properties. Implementation of mandatory collection will provide a basic level of service that includes monthly garbage collection, recycling service, and participation of the annual curbside collection of bulky items /white goods (furniture, appliances, electronics, washers /dryers, etc.) at no additional costs. Although implementation of mandatory garbage program may not totally solve illegal dumping and garbage related issues, services provided by mandatory collection would have a positive effect on Tukwila's neighborhoods. 199 I Citv of Tukwila Utilities Committee UTILITIES COMMITTEE Meeting Minutes January 24, 2012 5: 00,p. m. Conference Room 5 'NOTE: *NOTE: Room Change PRESENT Councilmembers: Dennis Robertson, Chair; Joe Duffle and Kate Kruller Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Pat Brodin, Roman Linsao, David Cline, Rebecca Fox, Nora Geirloff, Mary Miotke, Gail Labanara and Kimberly Matej Guests: Babara Bader, resident; Sharon Mann, resident; Thomas McLeod, resident; Marie Parrish, resident; Chuck Parrish, resident; Don Frey, Allied Waste; Dennis Manes, Allied Waste; Jeff Brown, Epicenter Services; George McBride, Fiber Consortium; Greg Hale, Waste Management; Katie Salinas, Waste Management; Mary Evans, Waste Management; John Taylor, C1eanScapes; and Jodie Vice, C1eanScapes CALL TO ORDER: The meeting was called to order at 5:01p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Comprehensive Solid Waste. Recvclables and Comoostables Collection Contract Staff is seeking Council approval to enter into a contract with Waste Management of Washington, Inc. for the 2012 -2019 Comprehensive Solid Waste, Recyclables and Compostables Collection. Waste Management was chosen from three submitted RFP's after each submission was reviewed and evaluated by an evaluation team comprised of City staff. The project consultant, Epicenter Services, served as an advisor to this evaluation team. The staff members discussed the evaluation process in detail and Committee Members and meeting attendees asked clarifying questions. Proposals were evaluated in three primary categories: Customer Service Approach References System Design, Operations and Sustainability Price With all factors above combined, Waste Management scored the highest overall and was selected as the finalist. The City and Waste Management have negotiated a 7 -year contract with two 2 -year optional extensions. The new contract is built on the foundation of the City's current waste hauler contract and includes several enhancements as outlined in the informational memo in the Committee agenda packet. Enhancements include: universal carts (allows for automated collection), compostables collection (yard waste), reduced carbon emissions via the use of compressed natural gas collection vehicles, community education and public outreach, commercial recycling and additional litter containers along Tukwila International Boulevard. Two alternatives were incorporated into the RFP process: Mandatory garbage collection for single family residential (also referred to as universal garbage collection) Commercial recycling Neither alternative is addressed in the City's current waste hauler contact. After a lengthy discussion, the Committee Members expressed a desire to have the full Council engaged in a discussion regarding mandatory collection. Committee Chair Robertson will suggest the Council consider holding a public meeting regarding mandatory collection so that there is plenty of opportunity and notice for public comment 201 Utilities Committee Minutes January 24, 2012 Paae 2 and interaction regarding the issue. Based on Committee discussion, Jeff Brown from Epicenter will modify the draft contract to reflect the time parameters regarding a Council decision whether or not to implement mandatory collection. If mandatory collection is implemented, the least expensive service under the new contract is $4.75 per month which includes a 32 gallon cart, once a month garbage pick -up, recyclable pick- up and annual curb -side clean -up. As for commercial recycling, currently commercial customers (which are defined as non residential) are either paying for recycling pick -up or are able to recycle certain items at no cost. The new draft contract incorporates commercial recycling pick -up for all commercial customers at no additional cost. Committee Members were supportive of and in agreement with this contract alternative. Regarding overall rate impacts, with one exception, all customer rates will go down. Under the theory that each line of business will be self sustaining, the only group that will experience a rate increase are the drop box customers whose pick -up is made on an on -call basis. The newly annexed, most southern portion of Tukwila (often referred to as Tukwila South) will not be included in the new draft contract with Waste Management. Instead, this area will be serviced by Allied Waste for, at least, the next seven years. UNANIMOUS APPROVAL WITH REMOVAL OF IMMEDIATE MANDATORY COLLECTION IMPLEMENTATION. UNANIMOUS APPROVAL, RECOMMEND PUBLIC MEETING REGARDING MANDATORY COLLECTION. FORWARD TO FEBRUARY 13 COW FOR DISCUSSION. B. Interlocal Agreement: Community Connectivity Consortium Staff is seeking Council approval to enter into an interlocal agreement with the Community Connectivity Consortium (CCC), a public corporation, whose purpose is to acquire, construct, operate, manage and maintain a regional communications network for institutions such as governments, hospitals and schools. The City previously entered into a similar interlocal agreement with the Fiber Optic Consortium in March 2010, but the group grew considerably in size, and the need to reduce legal liability was identified. As a result, the Consortium has been renamed and is now identified as a public corporation. The original interlocal agreement was never fully executed since these governance concerns were being addressed. The newly formed Consortium will still serve the same purpose, and Tukwila's interests remain the same. Consortium membership is anticipated to help Tukwila achieve such things as redundant fiber paths, facility connectivity and expand the ability to install and control closed circuit cameras. Currently, there are 18 agencies involved in the Consortium and 10 others that have expressed a desire to join. The City of Kirkland is taking the lead on coordination activities. In regards to funding, one of the goals is to fund efforts in such a way that costs are offset; however, there may be some costs involved, especially when an agency decides to participate in a project. Since there was not ample time to create a budget for 2012 prior to the interlocal agreement, voting members were asked to set aside $5,000 for Consortium related costs, if possible. The Consortium understands if members are not able to do so. Members are in process of developing a budget for the remainder of this year and 2013. In answer to a question asked by Committee Chair Robertson, the Consortium has no employees, and there is a provision for Consortium membership withdrawal. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 13 COW FOR DISCUSSION. C. Interlocal FundinF_ Agreement: GI'S Aerial Photos Staff is seeking Council approval to enter into an Interlocal Agreement with King County in an amount not to exceed $35,000 for the Tukwila portion of regional aerial mapping and relevant GIS data. The City is in need of updated higher quality aerial photos (last updated in 2009) and GIS data (last updated in 2005). For efficiency and costs savings, King County is organizing an aerial photo flight for over 45 cities via an interlocal agreement. The County has received five bids for the project, but has not yet awarded the contract. Based on these bids, the City of Tukwila's cost share will not exceed $35,000 budgeted project funding which will include a 15% contingency and sales tax. This final contract award amount may be less since this number is based on the highest bidder; however, as mentioned above, King County has not yet 202 Upcoming Meetings Events February 2012 13th (Monday-) 14th (Tuesda l5th(Wednesdav) 16th (Thursday-) 17th (Frida 18th (Saturday-) r Community- r i ttilities Crate, r Parks Regional Affairs Parks 5:00 pit Commission, Landlord Crate, (CR 1) 5:30 pit Training 5: 00 pit 'nn7nnumh° 5:00 _\I\f 4:30 PM (('R 3) r Tukwila ('evnrcr) hent Police Fire Trainins ('enter, International 24523 116 As r Tukwila BouleCard Libran SE, hent, NV 1 Metropolitan Action Crate, 95030 1 �dcisor� Park District 7:00 pit Board, Cost is x-5.00 Board of (C oininiu7rh° 7:1111 pit Space is limited. For additional commissioners (Foste�rLihra7� -1 iidiirmationaxrtaet Aleeting' Chris Partman, 6:00 pit 206 -431 -2197 Ext. 'n7ow l 1197 C'hainhers) r Tukwila r City Council Historical Committee of Society the «"hole AIt_ 7:00 pit 7:00 pit (TulnI (Cotdncil Heritage 77ennhersl (_'ultilral Center. S.) 211th (Monday) 21st (Tuesday) 22nd (Wednesday) 23rd (Thursday) 24th (Friday) 25th (Saturday) Presidents Day° +'Transportation r Finance r Planing Tul vila Int'l. BIN Crate, Saferv`Crate, Commission, ActionChite's On o�Jices closed 5:15 pit 5:15 pit 6:311 pit CR 1I CR'_ I 6:30 F,iu Trash Pickup Day 9:00 10:00 .pi y ('hcnnhe7'.el r C )PCAB, r Cite Council 6:30 pit r RegularAItg., (CR i) 7:00 F'it (Cotd77cil For loa7hon co77racr Rickar Chain hens) k ct 171 ri c torschle.r. 07;, 2/25/12 2/26/ 12 City Council Retreat iArtsConnuission: 1stTues .,5:311pit, Tukwila Community- Center. on re7c (iardncrar_Uh i Chamber of Connierce's Tukwila Goveiwuent and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Ottices. C'nnarcrLrnn IT 1111 ice art ZU(,- s's -I r City Council C'onuuittee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 pit, Council Chambers at City Hall. r City Council Regular Meeting: 1st 3rd Mon., 7:00 pit, Council Chambers at Cit\ Hall. r 0-01 Sei-,ice C'onuuission: 1st Mon., 3:00 pit, Conf. Room -3. Cona7crHtd7ncn7Resotnres ar_Uh 1,131. r C'onuuunity Affairs Parks Conuuittee: 2nd 4th Mon., 5:00 pit, Conf: Room 3 (1) Special Events Calendar. (B) Specull Events Repnrr. Te'e'm for T7f wila lnrro,hicriom. (D) T inrar777.sh Rii ei' Shoircl777c Rcsroi Ur]/177 C_ira77r. (E) Rwerroj l' hIp 7 77r_ ,T r C CPC AB (Community Oriented Policing Otizens Adv. Board): 4th «'ed_ 6:30 pit, Coat: Rin 5. T'hi Hurrah U(, i). rEquitya& Diversity Commission: IstThurs.,5:15F Room 3. C',mractJrnreTrawmaat i Finance Safety- Connuittee: 1st 3rd Tues., 5:15 pit, Coat: Room i Hunian Sei-,!ces Ad'«sory Brd: 2nd Fri. of odd months, 10:00 ait, Human Secs -ices Wfice. Cona7crEvic Bo0ali? ar206-433_ 1,1U. i Library AdNisory Board: 3rd «red., 7:00 pit, Foster Librar ('ontc7ct <<teph�une Gardner �7t _JUP h i Parks Connuission: 3rd «red., 5:30 pit, Senior Game Room at Community- Center. Cosa l- (iardj?cr ar _06- 6 2342. i Plann ng Connuission /Board of Architectural Re«e« 4th Thurs., except 2nd Thursda in Nos. Dec., 6:30 pit, Council Chambers at City- Hall. Cona7cr iT i?crra Bwc -m ar2Uh- -131 -3f U. r Transportation C'onuuittee: 1st 3rd Mon., 5:15 pit, Conf Room 1 i Tukwila Historical Society: 3rd Thurs., 7:00 pit Tukwila Heritage Cultural Center, 1.1475 59' AN -enue S. Conracrl'arBrodm ar Z06-433- 1,161. i Tukwila hi<t'l. BIN Action Conte: 2nd Tues., 7:00 pit, Tukwila Conuuunity- Center. Conracr ('hie¢ i illa ar 206-433 -1,11 i. r Utiliffes Committee: 2nd 4th Tues., 5:00 pit, Conf: Room 1 (A) UUB7nldnl, Fre_ll1rn7 >>ster77 I p,rade BOAirard. (B) '01 T rubrics Connnarce iI "orkT'hn7. 203 Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. Febmary 6 13 See agenda packet cover sheet for this week's agenda rnnmitto IVlicdr March 5 12 St,ecial PreSelntatiollS: St,ecial Tssues: A Prockuuation for Tukwila Village the 'irl Scouts Development C'entennlal. Agreement. State of the Municipal Court. t. 21 (Tuesday) 27 Suecial Presentations: Tukwila Library Adyixory Board Amoral Report. Chamber of Conurneree T Tpdate. TTnlnushed Butimetiti: Interloc <11 A1,2 eement to accept WRR recycling giant hinds for 2012 -2013. A resolution regarding the Park-; mid Recreation Change Fund. A re ohition regarding the comlectiaity consortium. AS Aerial Photos 2012 Regional Aerial Mapping Funding A1,2 eement. Comprehensive Solid Waste, Recvclables and Connpostables Collection Contract. An amendment to Interlo< <11 A1,2 eement with the Tukwila Pool Metropolitan Park District regarding Pool Salaries/Benefits. W Sue�ial T'resE�ntation: Arts Conulussion Presentation. C°onununity Schools Collaboration T Tpdate. TTnlnushed Business: Tukwila Village Development Agreement. 26 Public Hearin<•: Si1,21 Code T Tpdate. 204