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City Council Meeting - Council - Agenda - 02/06/2001
y u X' F GwNf V+ i• x y' :Jx'O +'J 'M r''1.�� '%':tom � iJ } ^iC ♦ '•r' f nt ly, K yry 9 � G � C is �z A i y _ ENT W A S H I N G T O N Mayor Jim White Council►nembers Leona Orr, President Sandy Amodt Connie Epperly Tom Brotherton Judy Woods Tim Clark Rico Yingling February 6, 2001 Office of the City Clerk SUMMARY AGENDA 440 KENT CITY COUNCIL MEETING K ENT February 6, 2001 WASHINGTON Council Chambers 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS : Leona Orr, President Sandy Amodt Tom Brotherton Tim Clark Connie Epperly Judy Woods Rico Yingling 1 . CALL TO ORDER/FLAG SALUTE 2 . ROLL CALL 3 . CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF (OH B. FROM THE PUBLIC 11 A- d' 113 4 . PUBLIC COMMUNICATIONS A. Employee of the Month B. Introduction of Appointees C. Chamber of Commerce Volunteer of the Month D. Proclamation - Help the Homeless Day 5 . PUBLIC HEARINGS A. Alley Vacation Between 1st and 2nd Avenues and Smith and Temperance Streets 6 . CONSENT CALENDAR A. Minutes - Approval B. Bills - Approval C. WSDOT Grant, 2000 Traffic Safety Near Schools Program - Authorize D. S. 196th/200th Corridor - West Leg, King County Right of Way Transfer - Authorize E. IDC Industrial Property Donation - Accept F. LID Bond Underwriter Contract - Award G. Del Webb Interceptor Relief Sewer - Accept as Complete H. F�cCus ec- AbS e ncsz -.Fr A-M 06-t 7 . OTHER BUSINESS A. Amendment to Mill Creek Relief System Agreement between the City of Kent and King County B. Interlocal Agreement for Sanitary Sewer Service between the City of Kent and the City of Auburn C. Solid Waste, Recycling and Yard Waste Ordinances and Contracts, Second Reading - Adopt and Authorize 8 . BIDS A. City Hall Data Center HVAC Replacement (continued next page) SUMMARY AGENDA CONTINUED 9 . REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS FROM SPECIAL COMMITTEEpS 11 . CONTINUED COMMUNICATIONS Ir 12 EXECUTIVE SESSION A. Land Acquisition U B. Pending Litigation 13 . ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk' s Office and the Kent Library. An explanation of the agenda format is given on the back of this page . Any person requiring a disability accommodation should contact the City Clerk' s Office in advance at (253) 856-5725 . For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388 . CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) EMPLOYEE OF THE MONTH B) INTRODUCTION OF APPOINTEES C) CHAMBER OF COMMERCE VOLUNTEER OF THE MONTH D) PROCLAMATION - HELP THE HOMELESS DAY Kent City Council Meeting Date February 6 . 2001 Category Public Hearings 1 . SUBJECT: ALLEY VACATION BETWEEN 1ST AND 2ND AVENUES AND SMITH AND TEMPERANCE STREETS (STV-2000-3) 2 . SUMMARY STATEMENT: Resolution No. 1581 established February 6, 2001, as the public hearing date for the applica- tion by the Central Puget Sound Regional Transit Authority, to vacate an alleyway lying between Temperance and Smith Streets . A staff report recommending approval with conditions is included in the Council 's packet . 3 . EXHIBITS: Staff report and map 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REOUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember 61,0 moves, Councilmember "A/ seconds to approve/ the staff ' s recommendation of approval with conditions of the application to vacate an alleyway lying between Temperance and Smith Streets, as referenced in Resolution No. 1581, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval . DISCUSSION: ACTION: WC Council Agenda Item No. 5A r N T MEMORANDUM WASHINGTON January 29, 2001 COMMUNITY DEVELOPMENT TO: MAYOR•JIM WHITE AND CITY COUNCIL MEMBERS PLANNING SERVICES FROM: FRED N. SATTERSTROM, PLANNING MANAGER Fred N.Satterstrom,AICP RE: REPORT AND RECOMMENDATION ON AN APPLICATION TO Manager VACATE AN ALLEYWAY LYING BETWEEN TEMPERANCE AND Mailing Address SMITH STREETS—#STV-2000-3 (KIVA#2004124) 220 Fourth Ave.S. Kent,WA 98032-5895 HEARING DATE: February 6,2001 Location Address: 400 West Gowe RECOMMENDATION: APPROVAL WITH CONDITIONS Kent,WA 98032 I. Name of Applicant Phone:253-856-5454 Bob White Fax:253-856-6454 Central Puget Sound Regional Transit Authority 401 S. Jackson Street Seattle, WA 98119 II. Reason for Requesting Alley Vacation As stated in the application, the vacation of the alleyway is being sought in order to construct a commuter rail parking garage on a site which spans the distance between First and Second Avenues immediately north of Smith Street. All of the property abutting and served by the alley has been recently acquired by Sound Transit. The proposed parking garage for the commuter rail station will eventually be built over the alleyway and the adjoining lands on both sides. III. Background The existing alleyway between Temperance and Smith Streets and equidistant between First and Second Avenues is not presently in use. As mentioned, all lands on both sides of the alley have been purchased by Sound Transit for the construction of a parking garage. Sound Transit is currently in the process of submitting for construction permits for the garage and pedestrian overpass. The future use of the alley does not have any tangible benefits in terms of traffic circulation and management. IV. Staff Recommendation Comments from the following departments and agencies were considered: ■ Public Works Department ■ Police ■ Parks, Recreation and Community Services ■ Fire and Life Safety • Puget Sound Energy ■ U. S. West After a review of the comments received,the Planning Services Division recommends that the request to vacate the alleyway between Temperance and Smith Streets, lying between First and Second Avenues as described in Resolution#1581 and as shown on the accompanying map,be APPROVED with the following conditions: #STV-2000-3(KIVA#2004124 Approval Letter Page 2 1. The petitioners shall cap/disconnect/plug/etc. all City utilities that exist within the alley in accordance with and as approved by the Public Works Department. 2. Said vacation shall exclude that portion of the alley right-of-way which lies within the additional right-of-way for Smith Street for which the petitioners will deed to the City per its improvement of the Second Avenue and Smith Street intersection. FNS\pm S:\Permit\Plan\vacations\2001\2004124-STV2000-3.doc -t- - -E'V � ........ .L�'?.► U I L- ;,,. + • -. :�0-'1 T?! .. � D/ � `�l oy a •t9;rlsioJ�..4._0 s-w �. _ 1 :J. •- FOURTH ` ap:; T--- - - !f.. .c. ets. .. Ilo O V. LN 7C , P i,, s � ' O — � ►..c 'BCD r7c L•S' Inc.er. 77! , W � n ID D - p o� a i o vI _ 37 — D �= to %$O 'ZJ _ -•� sc o to 7 Ito V I wc.M. 6 M �' a a i N THIRD 6B AVE7/ 1 c U C 60 •• 60 fT1 N �v W N — 1 - s•O- v P _ � I N � J #STV-2000-3 KIVA #2004124 I i ALLEY VACATION-LOCATED OF; d o BETWEEN 1 ST& 2ND AND N _ BETWEEN TEMPERANCE& SMITH o N p o c � _ 9 0 - 60 %OC. o.y LTT! , wi.:-Jf-Js Jr) i.O.w. �Q�� AV • 2ND AVENUE ON — - Y � '591-42 laa _ 0 NO - Q' N �• W rJ — - : CL p O m N / p o / r'1 G1 . -� • .: Q C' wpm O Y Oi O iP /� TI V V ••I 0 f• tr W 0 O ' m -- "� ------ ----=------- -= - -- . .. ' '_.;o F 1 PUS T 1ST AVENUE -lab Ay i Alo, Z30187 — — rp] vL�• A} isg POQT GO ET OTv 4Y PCR Old[ -, �� I CONSENT CALENDAR 6 . City Council Action: �� ff Councilmember &, / moves, Councilmember seconds to approve Consent Calendar Items A through w' Discussion �` Action , '`n C-1 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of January 16, 2001 . 6B. Approval of Bills. Approval of payment of the bills received through December 15 and paid on December 15 after auditing by the Operations Committee on January 16, 2001 . Approval of checks issued for vouchers : Date Check Numbers Amount 12/15/00 505698-505959 $ 747, 885 . 69 12/15/00 505960-506422 1 , 873 , 762 . 07 $2 , 621, 647 . 76 Approval of payment of the bills received through December 29 and paid on December 29 after auditing by the Operations Committee on January 16, 2001 . Approval of checks issued for vouchers : Date Check Numbers Amount 12/29/00 506423-506601 $ 966 , 909 .35 12/29/00 506602-507057 2 , 970, 763 .42 $3, 937, 672 . 77 Council Agenda Item No. 6 A-B Kent, Washington January 16, 2001 The regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White . Councilmembers present : Amodt, Brotherton, Clark, Epperly, Orr, Woods and Yingling. Others present : Chief Administrative Officer McFall, City Attorney Lubovich, Police Chief Crawford, Fire Chief Angelo, Deputy Assistant Chief Administrative Officer Martin, Public Works Director Wickstrom, and Planning Manager Satterstrom. Approximately 50 people were at the meeting. CHANGES TO THE AGENDA Mayor White added a proclamation as Public Communica- tions Item 43 . 2000 Comprehensive Plan Amendments . BROTHERTON MOVED to send the 2000 Comprehensive Plan Amendments (Other Business Item 7B) to the Planning Committee . Woods seconded and the motion carried. It was noted that changes have occurred and that the matter may be discussed at the next Planning Committee meeting on February 5th, or a special meeting may be held. Mayor White explained that notices would be mailed and the meeting date would be broadcast on the government TV channel . PUBLIC COMMUNICATIONS Mayor' s State of the City Address . Mayor White gave his annual State of the City address, noting that Kent is in excellent financial condition and continues in its role as a leading city in the county and state . He said the process of redevelopment of the downtown will soon begin, that transportation will be emphasized, including neighborhood traffic control , the Shopper Shuttle, side- walk improvements and commuter rail service, and that the agreements necessary to allow initial construction of the second supply pipeline project are close to being finalized. Mayor White stated that public safety continues to be one of the highest priorities, and noted that a number of staff have taken intense emergency management training . He noted that Riverbend Golf Complex is now profitable and that the park system has been expanded with construction of the new Morrell Meadows and Chestnut Ridge parks . He added that the property around 1 Kent City Council Minutes January 16, 2001 —. PUBLIC COMMUNICATIONS Clark Lake on East Hill will be developed into a natural , passive park of regional significance . The Mayor explained that significant investments in technology have been made and that there have been over 16, 000 visits per month to the City' s attractive and popular web site . He concluded by thanking the Council for their past and continued support . Toastmasters Week. Mayor White read a proclamation declaring January 28-February 3 , 2001 as Toastmasters Week in the City of Kent . He noted that the ability to speak in a clear and effective manner is a powerful and important skill , and that Toastmasters International has more than 3 , 400 members in Washington State. A repre- sentative accepted the proclamation and noted that there are three Toastmasters Clubs in Kent . CONSENT CALENDAR ORR MOVED to approve Consent Calendar Items A through U, with the exception of Item D. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of January 2 , 2000 . HEALTH & SANITATION (CONSENT CALENDAR - ITEM 6F) Bower Short Plat Bill of Sale. ACCEPT the Bill of Sale for the Bower Short Plat submitted by Richard Melchior for continuous operation and maintenance of 82 feet of sanitary sewers, 223 feet of storm sewers, and 128 feet of street improvements and release bonds after the expiration period, as recommended by the Public Works Director. The project is located at 25308 113th Avenue S .E . (CONSENT CALENDAR - ITEM 6G) Woodridge Estates Bill of Sale. ACCEPT the Bill of Sale for Woodridge Estates submitted by Morgan Llewellyn for continuous operation and. maintenance of 737 feet of watermains, 180 feet of sanitary sewers, 955 feet of 2 Kent City Council Minutes January 16, 2001 HEALTH & SANITATION storm sewers , and 658 feet of street improvements and release bonds after the expiration period, as recom- mended by the Public Works Director. The project is located at Woodland Way South and 5. 262nd. (CONSENT CALENDAR - ITEM 6H) Wilson Apartments Bill of Sale. ACCEPT the Bill of Sale for Wilson Apartments submitted by Schneider Homes, Inc . for continuous operation and maintenance of 716 feet of watermains, 308 feet of sanitary sewers, 634 feet of storm sewers, and 150 feet of street improvements and release bonds after the expiration period, as recom- mended by the Public Works Director. The project is located at 10227 SE 248th Street . (CONSENT CALENDAR - ITEM 6I) Highridge Townhomes Bill of Sale. ACCEPT the Bill of Sale for Highridge Townhomes submitted by Highridge Development, Inc . for continuous operation and mainte- nance of 218 feet of watermains, 96 feet of sanitary sewers, 218 feet of storm sewers, and 200 feet of street improvements and release bonds after the expiration period, as recommended by the Public Works Director. The project is located at 26404 103rd Avenue S . E. (CONSENT CALENDAR - ITEM 6J) Harrell Short Plat Bill of Sale. ACCEPT the Bill of Sale for Harrell Short Plat submitted by James R. Harrell , Doris W. Harrell and Robyn S . Harrell for continuous operation and maintenance of 308 feet of sanitary sewers, 165 feet of storm sewers, and release bonds after the expiration period, as recommended by the Public Works Director. The project is located at 25322 38th Avenue South. (CONSENT CALENDAR - ITEM 6K) Tacoma Screw Products Bill of Sale. ACCEPT the Bill of Sale for Tacoma Screw Products submitted by Tacoma Screw Products for continuous operation and maintenance of 20 feet of watermains, 118 feet of storm sewers, and 190 feet of street improvements and release bonds after the expiration period, as recommended by the Public Works Director. The project is located at 21821 84th Avenue South. 3 Kent City Council Minutes January 16, 2001 HEALTH & SANITATION (CONSENT CALENDAR - ITEM 6L) Central Commerce Building Phase I (A & B) Bill of Sale. ACCEPT the Bill of Sale for Central Commerce Building Phase I submitted by Central Commerce Center, LLC for continuous_ operation and maintenance of 15 feet of watermains, 17 feet of sanitary sewer, 54 feet of storm sewers, and 258 feet of street improvements and release of bonds after the expiration period, as recommended by the Public Works Director. The project is located at 1000 Central Avenue South. (CONSENT CALENDAR - ITEM 6M) Stonegate Knolls/Highland Crossing Bill of Sale. ACCEPT the Bill of Sale for Stonegate Knolls/Highland Crossing submitted by Centex Homes for continuous operation and maintenance of 2 , 907 feet of watermains, 1, 851 feet of sanitary sewer, 3 , 330 feet of storm sewers, and 3 , 530 feet of street improvements and release bonds after the expiration period, as recommended by the Public Works Director. The project is located at SE 244th Street & 118th Avenue S .E. (CONSENT CALENDAR - ITEM 6N) Winward Cove at The Lakes Bill of Sale. ACCEPT the Bill of Sale for Windward Cove submitted by Windward Cove, L.L.C . for continuous operation and maintenance of 1 , 890 feet of watermains, 1 , 271 feet of sanitary sewer, and release bonds after the expiration period, as recom- mended by the Public Works Director. The project is located at the southeast corner of Lakeside Blvd & S . 228th Street . (CONSENT CALENDAR - ITEM 60) Bayberry Crest Bill of Sale. ACCEPT the Bill of Sale for Bayberry Crest submitted by Bayberry Crest, L.L. C. for continuous operation and maintenance of 1 , 681 . 50 feet of street improvements and 4 , 013 feet of storm sewers and release bonds after the expiration period, as recommended by the Public Works Director. The project is at located SE 256th Street & 129th Avenue S .E . (CONSENT CALENDAR - ITEM 6P) Benson Highlands Bill of Sale. ACCEPT the Bill of Sale for Benson Highlands submitted by RKL Construction, 4 Kent City Council Minutes January 16, 2001 HEALTH & SANITATION L.L.C. for continuous operation and maintenance of 735 feet of watermains, 1, 100 feet of sanitary sewers, 550 feet of storm sewers and 466 feet of street improvements and release bonds after the expiration period, as recom- mended by the Public Works Director. The project is located at SE 244th Street & 114th Avenue S .E . SEWER (CONSENT CALENDAR - ITEM 6Q) 118th Avenue SE Sanitary Sewer Extension Charge in Lieu of Assessment. AUTHORIZATION for the Public Works Director to establish a charge in lieu of assessment for the recently constructed 118th Ave SE Sanitary Sewer Extension project, for the total amount of $40 , 000, as recommended by the Public Works Committee . STREET VACATION (PUBLIC HEARINGS - ITEM 5A) Street Vacation, Portion of 155th Avenue S .E. , Generally Known as 154th Avenue S .E. (STV-2000-2) . Resolution No. 1580 established January 16, 2001, as the public hearing date for the application by DFM, LLC, to vacate a portion of 155th Avenue S .E . , generally known as 154th Avenue S .E . A staff report recommends approval with conditions . Planning Manager Satterstrom pointed out the location of the vacation and explained that the proposal is to shorten the residential road by about 951 , so that the property can be added to an existing commercial develop- ment along 272nd Avenue . Mayor White declared the public hearing open. There were no comments from the audience and ORR MOVED to close the public hearing. Woods seconded and the motion carried. BROTHERTON MOVED to approve the staff ' s recom- mendation of approval with conditions of the application to vacate a portion of 155th Avenue S . E. , generally known as 154th Avenue S .E . , as referenced in Resolution No . 1580, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval . Orr seconded and the motion carried. 5 Kent City Council Minutes January 16, 2001 STREETS (CONSENT CALENDAR - ITEM 6E) Lid 354, Washington Ave. HOV Lanes and Meeker Street Widening Improvement. ADOPTION of Ordinance No . 3540 approving the formation of LID 4354 - Washington Avenue HOV Lanes and Meeker Street Widening Improvement . (CONSENT CALENDAR - ITEM 6S) S. 196th Street/Russell Road Improvements . ACCEPT the S . 196th Street/Russell Road Improvements contract as complete and release retainage to Scarsella Brothers upon standard releases from the State and release of any liens . The original contract amount was $2 , 491, 790 . 16, as recommended by the Public Works Committee . The final contract amount was $3 , 053 , 340 . 57 . Adequate funds exist within the project budget to cover this overage . SPEED LIMITS (CONSENT CALENDAR - ITEM 6R) Vehicular Speed Limits Resolution. PASSAGE of Resolution No . 1582 relating to vehicular speed limits within the City limits of Kent , as recommended by the Public Works Committee . ECOLOGY (CONSENT CALENDAR - ITEM 6T) Coordinated Prevention Grant No. G0000139 , Amendment No. 1 . AUTHORIZATION for the Mayor to sign Amendment No. 1 to Ecology Grant No . G0000139, direct staff to accept the grant in the amount of $19 , 058 and establish a budget for same, as recommended by the Public Works Committee . REZONE (OTHER BUSINESS - ITEM 7A) Kent Retail Center Rezone RZ-2000-1 . This proposal is to rezone approximately 4 . 35 acres of property from O-MU, Office-Mixed Use, to CC-MU, Community Commercial- Mixed Use . The property is located on Benson Highway at SE 253rd Street . A public hearing was held before the Hearing Examiner on December 20 , 2000 and the Hearing Examiner recommended approval of the proposed applica- tion on December 29, 2000 . 6 Kent City Council Minutes January 16, 2001 REZONE Kurt Hanson of the Planning Department explained that the current zoning would permit a maximum of 25% of any development to be retail, and under the proposed rezone 100% of the site could be retail with some restrictions . He displayed the location on a map and emphasized that this is a non-project rezone . Hanson and Wickstrom then responded to Brotherton' s concerns regarding adjacent properties and mixed use development, as well as traffic and using the money for the 277th corridor. BROTHERTON MOVED to accept the findings, conclusions and recommendation of the Hearing Examiner on the Kent Retail Center rezone application and to authorize the City Attorney to prepare the necessary ordinance . woods seconded. Brotherton encouraged staff to look for real traffic mitigation and clarified that his concern is to get residential zoning in the area in an effort to mini- mize the traffic impact . Yingling opined that any mitigation funding should be used for Benson rather than 277th. The Mayor reminded Councilmembers that they are committed to funding the 277th corridor. Brotherton' s motion then carried. LEASE (CONSENT CALENDAR - ITEM 6U) Voicestream Lease Agreement. AUTHORIZATION to enter into an agreement with VoiceStream PCS III Corporation to lease a portion of the Centennial Office Building. VoiceStream PCS III Corporation wishes to lease a portion of the roof and a portion of the interior space of the Centennial Office Building commencing March 1, 2001 and ending March 1, 2006 . VoiceStream wants to place nine (9) antennas, related cabling and other related equipment on the building for a monthly fee of $1250 . 00 . PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6C) Kent Arts Commission 2001 City Art Plan & Five-Year City Art Plan. ACCEPT and budget the 2001 City Art Plan and five-year Art Plan, as recommended by the Arts Commission. 7 Kent City Council Minutes January 16, 2001 PARKS, RECREATION AND COMMUNITY SERVICES The Kent Arts Commission has developed and approved a City Art Plan for the year 2001 and a Five-Year Art Plan for the years 2001 through 2005 . The City Art program and fund was established in accordance with Ordinance No . 2552 . (CONSENT CALENDAR - ITEM 6D) (REMOVED BY COUNCILMEMBER AMODT) IAC Youth Athletic Facilities Grant. The Parks Planning and Development Division applied for and received a Youth Athletic Facility Grant in the amount of $24, 304 . 00 from the Interagency Committee for Outdoor Recreation to make improvements to Fields No. 2 and No. 3 at Kent Memorial Park. Amodt asked for a brief description and update for citizens, and noted that the project will be a great benefit . McFall explained the work which has been done and noted that the grant would allow improvements to the _ two fields which are used primarily for youth programs . He added that the fields will then be safer and require less maintenance . AMODT MOVED to accept the IAC Youth Athletic Facilities grant . Epperly seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 63) Approval of Bills. Nothing for approval, as the Operations Committee meeting was cancelled. Approval of checks issued for payroll for December 1 through December 15 and paid on December 20 , 2000 ; as well as payroll of December 16 through December 31 and paid on January 5 , 2001 : Date Check Numbers Amount 12/20/00 Checks 248645-248934 $ 268 , 173 . 85 12/20/00 Advices 104524-105159 988 , 788 . 76 $1 , 256 , 962 . 61 1/5/01 Checks 248935-249228 $ 241 , 620 . 62 1/5/01 Advices 105160-105852 934 , 501 . 02 $1, 176, 121 . 64 8 Kent City Council Minutes January 16, 2001 REPORTS Council President. Orr noted that a date has tenta- tively been set for the annual retreat and asked Councilmembers to confirm their attendance with the Council Secretary. Public Works Committee. Clark noted that the committee will meet on January 22nd at 5 : 00 p.m. Planning Committee. Brctherton noted that the next meeting will be at 4 : 00 p.m. on February 5th and that the Comprehensive Plan Amendments may be discussed at that time . Administrative Reports. McFall noted that the Kent Commuter Rail Station will open on Monday, February 5 , and that there will be an opening ceremony on Saturday, February 3rd. He invited anyone interested in taking a 22-minute special train ride to the King Street Station on the 5th to contact the Mayor ' s Office . Mayor White asked Councilmembers to put the 196th Corridor on their calendars for February 23rd. ADJOURNMENT ORR MOVED to adjourn at 7 : 40 p.m. Woods seconded and the motion carried. Brenda Jacober/, CMC City Clerk lJ 9 wr Kent City Council Meeting Date February 6 , 2001 Category Consent Calendar 1 . SUBJECT: WSDOT GRANT, 2000 TRAFFIC SAFETY NEAR SCHOOLS PROGRAM - AUTHORIZE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorize the Mayor to sign the WSDOT Grant Agreement for the 2000 Traffic Safety Near Schools Program, direct staff to accept the grant and establish a budget for same. 3 . EXHIBITS: Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc . ) S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C COMMUNITY DEVELOPMENT Mike H. Martin, Deputv Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone:253-856-5500 K E N T Fax: 253-856-6500 WA5MINGTON Address: 220 Fourth Avenue S. Kent,WA 98032-5895 Date: January 19, 2001 To: Public Works Committee From: Don Wickstrom,, "Pl"u)blic Works Director Regarding: W.S.D.O.T. Grant — 2000 Traffic Safety Near Schools Program The Public Works Department has received a grant from W.S.D.O.T for the 2000 Traffic Safety Near Schools Program. At this time we are requesting that the Committee recommend to full Council authorization to accept the grant and establish a budget. MOTION: Recommend authorizing the Mayor to sign the grant agreement, direct staff to accept the grant and establish a budget for same. NIP20e5 Kent City Council Meeting Date February 6, 2001 Category Consent Calendar 1 . SUBJECT: S . 196TH/200TH CORRIDOR - WEST LEG, KING COUNTY RIGHT OF WAY TRANSFER - AUTHORIZE 2 . SUMMARY STATEMENT: Authorize the Public Works Director to transfer property and right of way to King County as related to their portion of the 196th/200th Street Corridor project , as recommended by the Public Works Committee. Under an interlocal agreement, the City has been the lead agency for the County in acquiring the right of way and mitiga- tion site to construct the S. 200th Street Improvements project from Orillia Road to the Green River. The project is now complete. 3 . EXHIBITS: Public Works Director memorandum and vicinity map 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D COMMUNITY DEVELOPMENT Mike H. Martin, Deputy Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director K E Phone:253-856-5500 N T Fax: 253-856-6500 W.5...GTGM Address: 220 Fourth Avenue S. Kent,WA 98032-5895 Date: January 17, 2001 To: Public Works Committee From: Don Wickstrom, Public Works Director Regarding: S. 196`h200th Corridor— West Leg IGng County Right of Way Transfer The City acting as lead agency for the County under an interlocal agreement acquired the right-of-way and mitigation site to construct the S. 200`' Street Improvements project from Orillia Road to the Green River. Now that the project is complete, we are seeking Council approval to transfer the right of way and mitigation site back to IGng County for their operation and maintenance. MOTION: Recommend Council authorizing the Public Works Director to transfer the property and right-of-way to IGng County as related to their portion of the 196°Y200`' Street Corridor project. M P2086 Q ( (� S 200TH ST ❑ — � p 0 � o � cc), RIGHT—OF—WAY AREAS 8.61 ACRES ' �P o - - a a� - LA, p❑ �a 0 O � P �• 04 S. 212TH. ST. — — d a CPO t5 q oo OcC% o a — to W a WETLAND MITIGATION SITE ca = 3.98 ACRES S. 216TH. ST. ❑° °END' soh =.NONE City of Kent S. 2GOTH STREET IMPROVEMENTS SHEET a : _ Public Works Department R/W AND WETLAND MITIGATION T .�Ea KENT Engineering Division SITE IN KING COUNTY FILE NO. Kent City Council Meeting Date February 6 . 2001 Category Consent Calendar 1 . SUBJECT: IDC INDUSTRIAL PROPERTY DONATION - ACCEPT 2 . SUMMARY STATEMENT: As recommended by the Parks Director, accept the property donation from IDC Industrial and authorize entering into an agreement with IDC Enterprises to ensure all permitting requirements for the wetland mitigation have been executed. IDC wishes to donate land while performing the necessary wetland mitigation requirements. 3 . EXHIBITS: Letter from IDC Enterprises 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E I F . '; •. ` : January 2, 200: ibis. Lori Flemm, Superintendent { Parks, Planning and Development Parks and Recreation and Community Services 220 Fourth Avenue South Kent, WA 980=2-5895 RE: IDC Enterprises Off-site Mitigation/Condor Property Donation Dear iris. Flemm: `L1 By this letter we wish to express our interest in donating the property known as the "Condor Prope-ty" to the City of Kent Parks and Recreation Department after we have i performed the necessary wetlands mitigation to satisfy the City of Auburn E As you are aware from our preliminary discussions, we are developing a commercial piece of proper y in the City of Auburn and as a condition to its approval of our filling of wetlands, the City has required that we perform mitigation and develop wetlands on the Condor property. It is our intent to proceed with the mitigation of the Condor property in accordance with the City of Auburn requirements, and upon completion of the m:tigation neasures possibly donate and/or dedicate the property to the City of Kent Parks and Recreation Departffica The propem is generally located North of South 262°d Street on the East side of West Valley Highway-, and consists of three tax parcel numbers, King County tax account numbers 252204-9009-03, 252204-9010-00, and 020000-0055-02. The entire parcel -consists of approximately five acres. We are seeking a commitment from the City of Kent that it will work with us in accepting the donated and/or dedicated property, assist in the evaluation thereof for income tax purposes, and further work with us in performing any continuing monitoring requirements placed upon us by the City of Auburn with regard to the mitigation of the Condor property. ' Please convey our interest in this matter to the City Council and initiate the necessary T.L ' process to allow this land donation and/or dedication to occur. Our attorney, Gary O. January 2, 2001 Page 2 Olson, of HANIS & OLSON, will be assisting us in this matter and be can be reached at 425-251-9313. Very truly yours, IDC ENTERPRISES, LLP Ivan Christianson, Member Manager 3330 East Valley Hwy. Renton, WA 98055 425-251-8820 s 4, TOTAL P.03 Kent City Council Meeting Date February 6 , 2001 Category Consent Calendar 1 . SUBJECT: LID BOND UNDERWRITER CONTRACT - AWARD 2 . SUMMARY STATEMENT: As recommended by the Operations Committee at their January 16, 2001 meeting, approve selection of Banc of America Securities LLC as the City' s local improve- ment district bond underwriter and to proceed with the issuance of LID 351 special assessment bonds. Requests for Proposal were advertised and mailed to seven interested firms. The Banc of America was selected primarily based on their marketing plan, reference to recent bond issues, and staff experience with the City processes . Northwest Securities was recommended as the alternate underwriter. Banc of America will proceed with bonds for LID 351 (272nd Corridor Project) for $5, 367, 217 with proceeds due in the next few months. 3 . EXHIBITS: Memo from Finance Director 4 . RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REOUIRED: $ SOURCE OF FUNDS- 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F ENT WASHINGTON FINANCE May Miller CITY OF KENT MEMORANDUM Director DATE: December 28, 2000 Phone:253-856-5260 Fax:253-866-6255 TO: Operations Committee 220 Fourth Ave. S. FROM: May Miller, Finance Director``\ Kent,WA 98032-5895 SUBJECT: Selection of Local Improvement District Bond Underwriter and Proceed with the Issuance of Special Assessment Bonds for LID 351 As brought to your attention at the October 17,2000 Operations Committee meeting,the City was soliciting for a new local improvement district bond underwriter since Dain Rauscher, Inc. had reorganized their local office and discontinued this service. We sent out requests for proposals to seven interested firms. We received proposals from Banc of America Securities LLC,and Seattle-Northwest Securities Corporation. The proposals were monetary-wise very close. We based our recommendation on cost,working experience,recent comparable bond issues,and other factors. Based on the proposals we received,we recommend Banc of America Securities LLC. The factors that determined our recommendation are: The marketing plan for Banc of America is aimed at retail and institutional buyers,and the bank has local presence making it easier for Kent citizens to participate if they would like. Banc of America Securities LLC's proposal referenced recent bond issues that would be more reflective of the current marketplace. Finally,Mr. David Trageser, Vice President,would be the City's underwriter. He has been the City's Local Improvement District(LID)bond underwriter for the past four years under the employ of Dain Rauscher, Inc.. We have developed a respected working relationship with Mr. Trageser, and he has been attentive to the City's LID financing needs. In addition, in his prior position, he was involved with and has knowledge of LID 351,our next LID bond issuance. We would also recommend that the City be able to utilize Seattle-Northwest Securities Corporation as an alternate based on their proposal. Additionally,we ask permission to proceed with the issuance of bonds for Local Improvement District 351 (272"d Corridor Project) in the amount of$5,367,216.50 based on the final assessment roll adopted on March 3,2000 totaling$6,91 1,946.49 less prepayments received of$1,544,729.99. COUNCIL MOTIONS 1. Select Banc of America Securities LLC as the City's local improvement district bond underwriter for a three year term.with an option to extend for two additional years, and the option to utilize Seattle-Northwest Securities Corporation as the alternate. 2. Proceed with the issuance of LID 351 special assessments bonds in the amount of S5,367,216.50 utilizing Banc of America Securities LLC in a negotiated sale. Kent City Council Meeting Date February 6 , 2001 Category Consent Calendar 1 . SUBJECT: DEL WEBB INTERCEPTOR RELIEF SEWER - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Del Webb Interceptor Relief Sewer Pump Station contract as complete and release retainage to Tri State Construction upon standard releases from the State and, release of any liens. The original contract amount was $2 , 032, 380 .15 . The final construction cost was $1,442, 424 .45 . 3 . EXHIBITS• None 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G Kent City Council Meeting Date February 6 , 2001 Category Other Business 1 . SUBJECT: AMENDMENT TO MILL CREEK RELIEF SYSTEM AGREEMENT BETWEEN THE CITY OF KENT AND KING COUNTY 2 . SUMMARY STATEMENT: This amendment would allow Kent to construct some of the westerly portion of the Metro interceptor sewer which was to be constructed by the County along the S . 277th Corridor, east of Auburn Way North. The Public Works Committee has recommended that the Mayor be authorized to sign the Amendment to the Mill Creek Relief System Agreement between the City of Kent and King County, upon the City Attorney and Public Works Director concurring with the language therein. 3 . EXHIBITS: Agreement 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, CouncilmemberJ seconds that the Mayor be authorized to sign the Amendment to the Mill Creek Relief System Agreement upon concurrence by the City Attorney and the Public Works Director of the language therein. DISCUSSION: ACTION: Council Agenda Item No. 7A AMENDMENT TO MILL CREEK RELIEF SYSTEM AGREEMENT BETWEEN THE CITY OF KENT AND KING COUNTY THIS AMENDMENT, made as of this day of 2000, between the City of Kent, a municipal corporation of the State of Washington (hereinafter referred to as "Kent") and King County, a political subdivision of the State of Washington (hereinafter referred to as "the County"); WITNESSETH: WHEREAS, Kent and the County are parties to the Mill Creek Relief System Agreement, dated August 20, 1998, and Kent, in accordance with said Agreement, has designed and constructed the easterly portion of a planned metropolitan interceptor sewer in conjunction with an arterial roadway project along S 277' Street east of Auburn Way North; and WHEREAS, said Agreement identifies the intersection of the S 277' Street right-of- way with Auburn Way N as the western terminus of the portion of the interceptor sewer to be constructed by Kent; and WHEREAS, the County had planned to construct the westerly portion of the interceptor sewer that would connect Kent's portion with the County's Auburn Interceptor Sewer; and WHEREAS, changed circumstances regarding the construction of the arterial roadway project now makes it possible for Kent to construct some of the westerly portion of the interceptor sewer that was to be constructed by the County and the parties have determined that it is in the best public interest for Kent to undertake said construction; AMENDMENT TO MILL CREEK RELIEF SYSTEM AGREEMENT- 1 (January 22, 2001) (B&wn.King Count)'and Cay of Kent) NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Section 1. Amendment of Section 1. Section 1 of the Mill Creek Relief System Agreement is hereby amended to read as follows: Section 1. Construction of Interceptor Sewer. Kent will construct a 54" diameter sewer line(hereinafter the"interceptor sewer") along S. 277' Street from 781h Avenue South to its termination on the west side of the Puget Sound Energy Interurban right-of-way. The County shall first consult with the City to obtain the City's comments before finalizing the plans, specifications, and bid documents for the contract work;however,the County shall be responsible for all plans, specifications, and bid documents for the construction described in this section. Construction shall be bid and undertaken as a separate schedule within a larger contract, and award of that separate schedule shall also be subject to approval by the County. Section 2. Additional Sections. In addition to the amendment to Section 1, the following new sections shall be added to and made a part of the Mill Creek Relief System Agreement to read as follows: Section 9. Records and Payment. The City will maintain adequate accounts and records, such as field reports,daily logs,payment and other such records, during the term of contract work as necessary to ensure proper accounting for contract funds and compliance with the Agreement and this Amendment. These records will be made available to the County at its request during normal business hours. The City will issue payment to the selected Contractor based on approved progress payments pursuant to the terms of the contract entered into between the City and the contractor. The City will then tender to the County an invoice for reimbursement of this payment together with a description of the completed work for which payment was required. The County will fully reimburse the City all costs incurred and paid by the City within thirty(30) calendar days of the invoice. Any amounts unpaid by the due date will accrue interest at the rate of one percent (1%)per month. Section 10. Field Inspection and Approvals. The County will provide, at its cost,those necessary personnel at those times it deems necessary to conduct field inspection and/or testing of the contract work or site inspection of materials under construction. Section 11. Change Orders. The City will consult with the County and receive the County's approval before approving any changes to the contract work or contract time for performance. AMENDMENT TO MILL CREEK RELIEF SYSTEM AGREEMENT- 2 (January 22, 2001) (Barn.King Counro and City of Kent) Section 12. Public Bids. The City will award the contract to the lowest responsive and responsible bidder after accepting publicly advertised bids based upon the public bid processes applicable to the City by local ordinance and state law. Section 13. Indemnification. To the extent allowed by law,the County shall defend, indemnify, and hold harmless the City, its elected officials, employees and agents from and against any and all suits, claims, actions, losses, costs, expenses of litigation, attorney's fees, penalties and damages of whatsoever kind or nature arising out of or in connection with or incident to an act or omission of the County, its employees, agents, and contractors in the performance of the County's obligations under the Agreement and this Amendment. In the event of litigation between the parties to enforce the rights under this section, reasonable attorney's fees shall be allowed to the prevailing party. This indemnification provisions shall include, but is not limited to, all claims against the City by an employee or former employee of the County or its contractors and, as to such claims, the County expressly waives all immunity and limitation of liability under Title 51 RCW. To the extent allowed by lave, the City shall defend, indemnify and hold harmless the County, its elected officials, employees and agents from and against any and all suits, claims, actions, losses, costs, expenses of litigation, attorney's fees,penalties, and damages or whatsoever kind or nature arising our of, in connection with or incident to an act or omission of the City, its employees, agents, and contractors in the performance of the City's obligations under this Agreement. In the event of litigation between the parties to enforce the rights under this section, reasonable attorney's fees shall be allowed to the prevailing party. This indemnification obligation shall include, but is not limited to, all claims against the County by an employee or former employee of the City or its contractors and, as t such claims, the City expressly waived all immunity and limitation of liability under Title 51 RCW. Section 3. Duration and Termination. This Amendment shall take effect on the last date signed below and shall remain in effect until the completion of the contract work,unless extended or terminated earlier by written agreement between the County and the City. Section 4. Except as specifically modified by this Amendment, all other terms, conditions, or provisions of the Mill Creek Relief System Agreement shall remain in full force and effect. AMENDMENT TO MILL CREEK RELIEF SYSTEM AGREEMENT-3 (January 22, 2001) (Bihn.King County and City ojKent) IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. KJNG COUNTY CITY OF KENT Pam Bissonnette, Director Jim White, Mayor Department of Natural Resources ATTEST: APPROVED AS TO FORM: Tom Brubaker, Deputy City Attorney ATTEST: Brenda Jacober, City Clerk P.ICivi131LE5 WptnFiIM053<UfillfxekRtlitf5yt-Amtndmtnl.0oc AMENDMENT TO MILL CREEK RELIEF SYSTEM AGREEMENT-4 (Januar),22, 2001) (Bm n.King Count),and Ciny of Kent) _ Kent City Council Meeting Date February 6 . 2001 Category Other Business 1 . SUBJECT: INTERLOCAL AGREEMENT FOR SANITARY SEWER SERVICE BETWEEN THE CITY OF KENT AND CITY OF AUBURN 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign the Kent/Auburn Interlocal Agreement for Sanitary Sewer Service. By this agreement, Kent will provide sanitary sewer service to an area that lies within Auburn' s potential annexation area (PAA) . 3 . EXHIBITS: Agreement and vicinity map 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember &4Q seconds that the Mayor be authorized to sign the Kent/Auburn Interlocal Agreement for Sanitary Sewer Service upon concurrence by the City Attorney and -the Public Works Director of the language therein. DISCUSSION: ACTION: Council Agenda Item No. 7B CITY OF KENT and CITY OF AUBURN INTERLOCAL AGREEMENT FOR SANITARY SEWER SERVICE THIS AGREEMENT, made and entered into this day of 2001, by and between the CITY OF KENT, a Washington municipal corporation (hereinafter referred to as "Kent"), and the CITY OF AUBURN, a Washington municipal corporation, (hereinafter referred to as "Auburn"), both being duly organized and existing under and by virtue of the laws of the State of Washington, WITNESSETH: WHEREAS, pursuant to RCW 35A.11.040 Auburn and Kent have the legal authority to exercise their powers and perform any of their functions as set forth in RCW 39.34; and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn and Kent have the legal authority to cooperate with other localities on the basis of mutual advantage and provision of services; and WHEREAS, pursuant to RCW 35A.21.150 Auburn and Kent have the legal authority to maintain a sewerage system; and WHEREAS, the parties recognize the responsibility of public sanitary sewer utilities to provide efficient and reliable service to their customers at reasonable cost; and WHEREAS, Auburn desires new developments within it's Potential Annexation Area to complete a Pre-annexation agreement with Auburn prior to receiving a certificate of sanitary sewer availability; and INTERLOCAL AGREEMENT FOR SANITARY SEWER SERVICE- 1 (January 22, 2001) (Barn. Ci Iv of Kent and Citp of Auburn) WHEREAS, portions of the Kent sanitary sewer system have been sized and are _ situated so as to be capable of affording sewer service to a portion of Auburn's Potential Annexation Area; and WHEREAS, Auburn has evaluated and determined it is not cost feasible to provide direct sewer service to Auburn's Potential Annexation Area property existing adjacent to Kent's sanitary sewer infrastructure; and WHEREAS, the parties desire to allow Kent to construct, reconstruct, repair and maintain sewer facilities as necessary, and to authorize connections to Kent's sewer system for service to noted areas, or portions thereof; and WHEREAS, Kent's sewer service to these areas will provide for maximum efficient use of existing and future facilities together with orderly and efficient sanitary sewer planning. NOW, THEREFORE: IT IS HEREBY AGREED by and between the parties hereto as follows: 1. Sewer Service Area. The parties have agreed to a sewer service area boundary between them. The boundary is graphically depicted on the map attached hereto as Exhibit "A," which is, by this reference, incorporated herein. Both parties further agree that Kent in providing sewer service to the area shown on Exhibit "A," as Area To Be Served By Kent, shall be furnishing sewer service to properties within Auburn's Potential Annexation Area. Kent shall provide service in accordance with and subject to the terms and conditions of this Agreement. 2. Management, Regulation and Control of Sewer System. Kent shall have the sole responsibility and authority to construct, maintain, manage, conduct and operate its sewerage system as installed within the area described in Exhibit "A," together with any additions, extensions and betterments thereto. Kent shall also be responsible for obtaining all necessary governmental franchises, approvals, easements and permits for the installation of said sewerage system as described above. INTERLOCAL AGREEMENT FOR SANITARY SEWER SERVICE-2 (Janumy 22, 2001) (Bnvw. City of Kriu and City of Auburn) 3. Service Rates and Connection Charges. (a) Permit Required. No connection shall be made to Kent's sanitary sewer system unless the property owner first pays the associated fees and submits the proper information to obtain a Kent sanitary sewer connection permit. The connection shall be subject to inspection and approval for compliance with Kent's Sanitary Sewer Standards as adopted at the time the connection is made. (b) Rates. The rates charged to the sanitary sewer customer by Kent within the area described in Exhibit "A" shall be fixed, altered, regulated and controlled by Kent pursuant to all applicable laws or regulations promulgated on the subject of rates and charges for sewer service. No surcharge shall be charged to the customers served under this agreement on the sole basis that those customers are within Auburn's Potential Annexation Area. 4. Planning Areas. Kent hereby acknowledges the region to be within Auburn's Potential Annexation Area. Both parties acknowledge that Auburn desires a Pre- Annexation Agreement from property seeking a sewer certificate of availability within Auburn's Potential Annexation Area. 5. Sewer Availability Certificates. Commencing on January 1, 2001, Kent shall issue sewer availability certificates for property within the area described in Exhibit "A". Kent agrees not to issue the availability certificate or any side sewer permit in the case of an existing development until Kent receives a copy of the City of Auburn Pre-Annexation Agreement in a form accepted and approved by the City of Auburn. 6. Future Annexations. Each of the parties agrees that Kent shall provide sanitary sewer service to the areas shown in Exhibit "A" without regard to the present corporate limits of the parties, and without regard to future corporate limits as they may be amended by annexation to either party. 7. Kent Comprehensive Sewer Planning. The terms of this Agreement will be included as an element of Kent's Comprehensive Sewerage Plan. Kent will submit to all Auburn Comprehensive Sewerage Plans and amendments thereto involving area and/or system improvements within Auburn's planning area. INTERLOCAL AGREEMENT FOR SANITARY SEWER SERVICE-3 (January 22, 2001) (Bnvn. Coy ojKent and City oJAuburn) 8. Auburn Comprehensive Planning. The terms of this Agreement will be included as an element of the sewerage portion of Auburn's Comprehensive Plan. 9. Reliance. Each party hereto acknowledges that the terms hereof will be relied upon by the other in its comprehensive planning to meet the needs of the service area designated herein. 10. Liability. Neither party to this agreement shall be liable to the other party for any failure or interruption of service in the service area of the other party. 11. Government Approvals. The parties will give notice of the adoption of this Agreement to Metropolitan/King County, to the Department of Ecology, to the Department of Health, and to any other agency with jurisdiction or mission relevant to the terms hereof, and shall cooperate and assist in all reasonable manner in procuring any necessary approvals hereof by those agencies. 12. Boundary Review Board. In the event that implementation of the terms hereof results in permanent sewer service to areas that will be outside the respective service boundaries of Kent or Auburn, the parties will at the time of such service jointly seek approval of the King County Boundary Review Board in accordance with RCW 36.93.090. 13. Service Amendments. Any changes to the service areas described herein shall be by mutual agreement. Each party may give permission to the other on a case- by-case basis to provide service by one party into the other party's adjacent or nearby service area based upon considerations of economic efficiency for providing the service with mutual consent of the Director of Public Works from both jurisdictions. 14. Alteration, Amendment or Modification. Kent and Auburn hereby reserve the right to alter, amend or modify the terms and conditions of this Agreement upon written agreement of both parties to such alteration, amendment or modification. 15. Sanctity of Agreement. This Agreement constitutes the entire agreement of the parties regarding the subject matter hereof, and there are no other representations or oral agreements other than those listed herein, which vary the terms of this Agreement. Future agreements may occur between the parties to transfer additional or future service areas by mutual agreement. INTERLOCAL AGREEMENT FOR SANITARY SEWER SERVICE-4 (January 22, 2001) (Bmn. Ca) of Kent and Ory•of Auburn) 16. Obligation Intact. Nothing herein shall be construed to alter the rights, responsibilities, liabilities, or obligations of either Kent or Auburn regarding provision of sewer service, except as specifically set forth herein. CITY OF KENT Approved by Ordinance No. of the City of Kent, Washington, at its regular meeting held on the day of 2001. By: Jim White, Mayor ATTEST: By: Brenda Jacober, Kent City Clerk APPROVED AS TO FORM: By: Brett Vinson, Assistant City Attorney CITY OF AUBURN Approved by Ordinance No. of the City of Auburn, Washington, at its regular meeting held on the day of 2001. By: Charles A. Booth, Mayor .additional signatures appear on following page- INTERLOCAL AGREEMENT FOR SANITARY SEWER SERVICE -5 (January 22, 2001) (Bri,& Cit),orKent and City ofAuburn) ATTEST: By: Danielle Daskam, Auburn City Clerk APPROVED AS TO FORM: By: Print Name: Auburn City Attorney P:1Civil\FILES WpniFila\OS]1lnlerloul-AvOumSvnnary5eaa.Aa INTERLOCAL AGREEMENT FOR SANITARY SEWER SERVICE- 6 (Januan,11, 1001) (Btwn.Cipy ojKent and City Df Auburn) :46PL iI, COUNTRY CLUB j 24-PL 13 awATIN N 1:4 OCR= ELE�ARV z GOLF COURSE SE251. .... .... ...................... .... ......J- .......... to.......... p BE 252 PL 3825 ]UT, K_2=T 253 ST ✓ E253 CC 2 49 s. 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Sr-282 S7 HE 2e3 sl ti BE 284 ST 159 264 ST ST BE;Ief ST ................. m s N -T BE alz-VT ry 1328 g—E289.9TE�eg SE288ST i ',....BE A 2 89 ST S 97 APPo-/,lmPrT ....... 0 &A—rl VICINITY MAP KENT/AUBURN INTERLOCAL SEWER AGREEMENT _ Kent City Council Meeting Date February 6 . 2001 Category Other Business 1 . SUBJECT: SOLID WASTE, RECYCLING AND YARD WASTE ORDINANCES AND CONTRACTS, SECOND READING - ADOPT AND AUTHORIZE 2 . SUMMARY STATEMENT: This constitutes the second reading of ordinances and contracts relating to solid waste, recyclable materials, and yard waste collection, disposal, and processing . The City currently contracts with Waste Management of Washington, Inc. and Kent-Meridian Disposal for this service . These contracts are due to expire March 31, 2001 . The City has concluded negotiations for new 10-year contracts, which are attached for Council authorization for the Mayor to execute . A proposed ordinance is also attached authorizing the franchise . Also enclosed for adoption is the proposed ordinance amending Chapter 7 . 03 of the Kent City Code relating to solid waste. These amendments are recommended to be consistent with the provisions of the new franchise contracts. Updated copies of Appendix C and D of the contracts will be distributed during the meeting. 3 . EXHIBITS: Ordinances and contracts 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember ft4,n k moves, Councilmember seconds adoption of Ordinance No. 354f/ amending Chapter 7 . 03 of the Kent City Code relating to Solid Waste, Recyclable Materials, and Yard Waste Collection, Collection, Disposal, and Processing, ` yle _ /�► adoption of Ordinance No. 3_5 authorizing franchise contracts with Waste Management of Washington, Inc. and Kent-Meridian Disposal for Solid Waste, Recyclable Materials, and Yard Waste Collection, Disposal, and Processing and authorizing the Mayor to finalize and execute the same. p vy¢o DISCUSSION: ' / a ACTION: rYI G Council Agenda Item No. 7C DEPARTMENT OF PUBLIC WORKS January 8 , 2001 T0: Public Works Committee FROM: Don Wickstrom, Public Works Director -. - SUBJECT: Solid Waste, Recycling Materials & Yard Waste Ordinance and Contracts i At the January 2nd Council meeting, the first reading was held on the ordinances and contracts relating to solid waste, recyclable materials and yard waste collection, disposal and processing. Since this was a first reading, no action was taken. We are bringing this item to the Committee at this time in order to expedite the process for adoption of the Ordinances and contracts at a future council meeting. MOTION: Recommend authorization to adopt Ordinance # relating to the Solid Waste, Recycling Materials and Yard Waste contracts. MP2075 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Ch. 7.03 of the Kent City Code, entitled "Solid Waste," to update said chapter in conjunction and consistent with new contracts for the collection of solid waste, recyclable materials, and yard waste. WHEREAS, the City Council is currently considering new franchise contracts for the collection, disposal, and processing of solid waste, recyclable materials, and yard waste; and WHEREAS, the City Council desires to amend chapter 7.03 of the Kent City Code to update its provisions in conjunction and consistent with the franchise contracts;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Solid Waste Collection SECTION 1. Chapter 7.03 of the Kent City Code, entitled "Solid Waste,"is hereby amended to read as follows: CHAPTER 7.03. SOLID WASTE RECYCLABLE MATERIALS AND YARD WASTE Sec. 7.03.010. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Collection company means the persons, firms or corporations or combination thereof operating under a contract for solid waste, recyclables or yard waste collection with, or under the direction of, the city, including an authorized contractor for the collection of recyclable materials under this chapter. Commercial means all customers that are not included within the definition of "residential" set forth below, which are within the collection company's service areas Commercial includes Commercial Multi-family as defined below. Commercial Multi-family means multi-family residences containing more than four(4)dwelling units. Detachable container means any garbage container compatible with the collection company's equipment that is not a garbage can, garbage unit or mobile toter. Director means the director of the department of public works. Garbage means all aeeumulaliens e solid waste. Garbage can means a watertight, galvanized, sheet metal, raised-bottom container or suitable plastic container not exceeding four (4) cubic feet or thirty-two (32) gallons in capacity, weighing not over twenty-two (22) pounds when empty or sixty-five (65) pounds when full, fitted with two (2) sturdy handles, one (1) on each side and a tight cover equipped with a handle. Garbage units mean secure and tight bundles, none of which shall exceed three (3) feet in the longest dimension and shall not exceed seventy-five (75) pounds in weight. Garbage units may also mean small discarded boxes, barrels or bags or 2 Solid Waste Collection securely tight cartons or other receptacles not intended for recycling under this chapter and able to be reasonably handled and loaded by one (1) person onto a collection vehicle. Mobile teter cart means a movable container which holds at least thirty-two (32) gallons of garbage solid waste, with a tight-fitting lid, and a thick skinned one (1) piece balanced weight body which sets on tires, which will be picked up at curbside. The director may approve collection company use of alternative mobile tetexscarts. Person means every person, firm, partnership,business, association, institution, or corporation in the city accumulating gauge solid waste requiring disposal or generating, accumulating, and collecting recyclable materials. The term shall also mean the occupant and/or the owner of any premises for which service mentioned in this section is rendered. Recycle container means teterscarts or other containers approved by the director in which recyclable materials, including yard waste, can be stored and later placed at curbside, alleyside or other approved location. This term also includes but is not limited to designated commercial front load boxes, drop boxes and compactors at locations as may be specified by the director. The director may approve collection company use of alternative recycle containers. Recyclable materials means waste materials generated in the city capable of reuse from a waste stream as designated by the director, including but not limited to sorted or unsorted newsprint, glass, aluminum, ferrous and nonferrous cans, plastic materials, mixed paper, and cardboard accumulated and intended for recycling or reuse and collection by a collection company or authorized contractor. This term excludes all dangerous wastes and hazardous wastes as defined in Chapters 70.10 and 70.105A RCW, and solid wastes intended for disposal in a landfill, incinerator, or solid waste disposal facility under Chapter 173-304 WAC. All recyclable materials intended for collection by a city-authorized collection company or contractor shall remain the responsibility and ownership of participants until such materials as contained in designated recycle containers are placed out for collection for the authorized contractor. Such materials then become the responsibility and property of the 3 Solid Waste Collection collection company or authorized contractor subject to the right of the participant to claim lost property of value. Residential means customers dwelling in one-unit houses mobile homes and multi-family residences containing no more than four (4) dwelling units such as duplexes, tri-plexes, and four-plexes which are within collection company's service areas. Solid waste shall be as defined by RCW 70.95.030 and WAC 173-304-100(73), with the exception of sludge from wastewater treatment plants and septage, from septic tanks, extremely hazardous waste, hazardous waste, dangerous waste, and problem wastes as defined in Chapters 173-303 and 173-204 WAC, and Chapters 70.105 and 70.105A RCW. Solid waste utility shall be the city system of solid waste handling under Chapters 35.21 and 35.67 RCW and this code. Yard waste means plant material including leaves, grass clippings, prunings, branches (cut to less than t#treefour (34) feet and under four (4) inches in diameter), brush, garden material, weeds, tree limbs (also cut to less than threefour (34) feet and under four (4) inches in diameter) and other biodegradable waste that may be designated by the director. Rocks, dirt and sod, except incidental amounts, are unacceptable. Materials may be bundled with cotton or other similar organic string only. Yard waste does not include demolition debris such as concrete, wallboard, lumber or roofing materials. Sec. 7.03.020. 6oFbege-Solid waste, recyclable materials, and yard waste collection A. Solid Waste and recyclable materials-Collection required. Garbage, Solid waste and recyclable materials collections shall be made by gafbage and -e�, e collection companies as authorized by the city. Except as provided in KCC 7.03.020(B) and (C), all persons and properties within the city shall use the solid waste and recyclable materials system and service of the utility under contract with collection companies and it shall be unlawful for any person, other than those duly authorized by 4 Solid Waste Collection the city to haul solid waste and recyclable materials through the streets of the city or to dump solid waste and recyclable materials. . Except as provided in KCC 7.03.020(B), all persons and occupied property shall be subject to and responsible for the minimum level of service and associated charges for service for residential and commercial solid waste and residential and commercial multi-family recyclable materials, as applicable, whether or not such persons and property use the service. The director may, upon a showing that a person or property produces no solid waste and recyclable materials, waive the minimum level of service requirements of this section. B. Commercial Permitted haulers. , these duly authorized by the eity to haul s,aFbage through the ^;«vets . f 4he eity er- to dump garbage. Those commercial and industrial business establishments having prior established permits to haul their own garbage and few ^e solid waste may continue to haul such garbage solid waste by annual permit. Renewal permits shall be issued upon application and payment of the annual permit fee. The annual permit fee shall be as follows: 1. Permit holders hauling less than one hundred fifty(150) tons of garbage solid waste per month, one hundred dollars($100); 2. Permit holders hauling greater than one hundred fifty (150) tons of garbage solid waste per month, seven thousand five hundred dollars($7,500). Any permit holder, as provided for in this subsection, shall haul garbage at least once a week for public health reasons. C. elf haul. Nothing in Phis section shall limitdees not apply to the occasional hauling by {esidential customers of reuse solid waste and recyclable materials from their specific property to an approved site if the minimum level of garbage service for such is paid for by the residential customer. Yard waste collection by collection companies is voluntary to the customer, therefore, a customer may self haul yard waste to an approved site and not pay the minimum level of service for such. 5 Solid Waste Collection Sec. 7.03.030. Regulations regarding garbage collection companies—Business license required. A. To provide for the public health, safety and general welfare, collection companies operating within the city shall, at no additional cost to the city or its residents: 1. Comply with all provisions of the city code and amendments thereof, and applicable federal, state and county laws and regulations pertaining to the collection, handling, transportation and disposal of garbage solid waste, recyclable materials and yard waste. The city shall be entitled, during regular business hours, to inspect the books and records of collection companies operating within the city. 2. Pick up Christmas trees each January. 3. Provide for a semiannual residential cleanup in the spring and fall of each year to allow for disposal of accumulated garbage solid waste. The director of public works shall promulgate administrative rules, following consultation with collection companies, for the implementation of this subsection. 4. Provide service to public buildings and facilities, as designated by the director of public works. Upon consultation with collection companies, the director of public works may add or delete public facilities from such designation in the interests of public health and safety. B. Collection companies operating pursuant to and in compliance with this chapter shall be issued, upon application, of a business license pursuant to Ch. 5.01 KCC, without the payment of license fees, permit fees as provided in KCC 7.03.020(B), or other fees related to solid waste handling established by the city. This subsection (B) shall not be construed as a waiver of the utility tax imposed by Ch. 3.18 KCC. Sec. 7.03.040. Recyclable materials—Collection. A. Collection companies as part of their collection service, shall and—autberized vvnu �.u .vav vren u. �i.uab ai vvraiuncze withthis ehaptef e e.mil4ed to enter- into ancollect recyclable materials 6 Solid Waste Collection from customers in the city as required and pursuant to the provisions of this chapter. e .,laiie s . .,lgated by the dire,.♦er Subject to terms and conditions of any collection suet contract and regulations, such companies are solely responsible for all costs of removal, , and disposal of recyclable materials placed out for collection by custom- . The requirements of this section do not prohibit the customary collection and sale of recyclable and reusable materials by persons or private recvclers or affect the right of waste generators to continue to accumulate, buy, sell or give recyclable materials to persons other than the collection companies. B. The dir-ee4er- is authorized to prepare any iffiplememing fegulatiens needed .stemar-y ellee♦ie« and sale e f r .elable and reusable ....,♦er:els by per-sens or sell er give Feeyelable fnawiials te per-sons e4her- than the eelleefien eampany or- $}lt#16i3$@d 6613tr8Et6r�The�i'rEE46i—shall rprovide :oi—pwvr'rc vcriivE—cnmvvizEcmcna."r, eentfaeteFse GB. Designated recycle containers shall be placed at curbside, alleyside, or other locations as determined by the director or collection company with the concurrence of the director. Back yard collection of recyclables shall not be required of the collection company or contractor except under special circumstances determined by the director, including disabled or elderly participants. 7 Solid Waste Collection Sec. 7.03.045. Residential recyclable yard waste materials — Collection — Prohibition on commingling yard waste with other solid waste or recyclables. A. Collection companies, as part of their collection services, shall-d--AuIhA4i;ed collect residential recyclable yard waste materials from participating residences as required and pursuant to the provisions of this chapter when requested by the customer. t,=„ediFeeter: Subject to terms and conditions of any such contract and regulations, such companies are solely responsible for all costs of removal, marketing, and disposal of residential recyclable yard waste materials placed out for collection by program participants. The requirements of this section do not prohibit the customary collection and sale of recyclable and reusable residential yard waste materials by individual residential yard waste recyclers. B. The diFeeier- is authefized to pfepar-e an), implementing regulations needed fe the devel .ells and i teme tat en f a olunta id ntial _awas4e eaue fie �vY�" t w,Y llll}IJ V,I,VlIIµU VII Yl Yi�j n�WY� waste materials eapable of being r-eeyeled and r-eused. Sueh program shall not pr-ehibi! the eust m eelleeiien and sale :f :.e enable Y:'d e,,sabl id ti 1 yard W, WlY t,t I�YJYV,� , materials by individual idea fiat yaFd waste eler The a:_eeter- shall . ide r •.u.vllYlu V� individual IYJIVYIINYI �WY ♦.YV\V IVY�YIrl J. I7I{. public service &R-----yaments, eeeperetien with the media, e8OWiflaliefi With ,, ne tim; limes-. C. Designated residential yard waste containers shall be placed at curbside, alleyside, or other locations as determined by the director or collection company with the concurrence of the director. Back yard collection of residential yard waste shall not be required of the collection company or contract except under special circumstances determined by the director, for example, for disabled or elderly participants. 8 Solid Waste Collection D. All persons and residences within the territorial limits of the city are prohibited from disposing any yard waste in any garbage, solid waste, or recyclable container other than a designated yard waste container. Sec. 7.03.050. Solid waste handling service. A. All persons accumulating garbage solid waste in the city shall place and accumulate garbage solid waste in garbage cans or garbage units, mobile carts teters, or detachable containers as required by this chapter. Exeept as Ovided in KCC 03 mn(u) a (G) all pefsens and pr-epe..:es w4hi the eity shell use the solid rite' e .elable matefial and , „- . as4e s ..te« andee, e f the solid waste ..tiles,. under- t t with 11 ..t' All per-sensand eeoupied pr-epert, shall b charges, whether-or—not such per-seas and ffepef4y use the service. The a:_eet,._ may, Upen-a shewing that a per-son or- eA pr-ed no elid waste, detefmine et to n f the pfevisiens of this seetien. B. It shall be unlawful to deposit, throw, or place any garbage solid waste in any land, alley, street or other public place, or to deposit, throw or place any garbage solid waste on any private property regardless of ownership, unless the garbage solid waste is placed in garbage cans, containers, or cartsteters, the covers of which shall not be removed except when necessary for the depositing or removing of garbage solid waste. Boxes, small barrels, cartons, scraps of wooden crates and boxes, broken up household furniture and equipment, paper, hollowware and rubbish in general, may be broken up or cut up and placed in garbage units, consistent with this chapter or as approved by the director. C. Any garbage can when filled shall not weigh more than seventy-five (75) pounds and shall be packed so that the contents thereof will dump out readily when the can is inverted. All garbage cans and garbage units shall be placed in convenient, accessible locations upon the ground level or ground floor and as near as practicable to the approximate rear of the building or near the alley, street or road at which collection 9 Solid Waste Collection trucks are to be loaded; all walks, paths and driveways to the place of loading shall have an overhead clearance of not less than eight(8) feet. D. Any mobile cartteter when filled shall not weigh more than one hundred eighty (180) pounds, or as otherwise regulated by the director, and shall be so packed that the contents thereof will dump out readily. All mobile cartstetefs shall be placed at curbside or alley before 7:00 a.m. and removed from the curb or alley as soon as possible after collection, but no later than 7:00 p.m. E. Any person accumulating garbage solid waste in the downtown or suburban business areas whose location requires the placing of cans, containers, or units on a sidewalk or alley for collection shall not place the same on a sidewalk or alley until the close of each business day, and shall remove cans from sidewalk or alley immediately after the opening for business each morning. F. Dangerous and other waste: 1. No hot ashes or other hot material, dirt, sand, rocks, gasoline, solvents, oil, paint or dangerous or hazardous wastes shall be placed in any garbage can, garbage unit, detachable container or mobile toter for collection or removal. All kitchen, table and cooking waste before being deposited in garbage cans, garbage units, detachable containers, or mobile tetefscarts shall be drained and wrapped in paper or other material in such a manner as to prevent as nearly as possible moisture from such garbage solid waste from coming in contact with sides or bottoms of the containers. 2. As used in this section, "dangerous or hazardous wastes" means any solid waste designated as dangerous or hazardous waste by the State Department of Ecology, and such wastes shall be disposed of consistent with Department of Ecology rules and regulations. G. When use of garbage cans is allowed or required, sufficient garbage cans must be provided for the collection of all garbage cans as defined in this chapter. Worn out and improper cans shall be discarded. H. Residential units shall use mobile cartsteter-s unless otherwise authorized by the collection company or by the director. Certain mobile cartstetefs shall be provided by the collection company for the health, safety, convenience, and general welfare of the 10 Solid Waste Collection residences and their occupants. All mobile cartsteters provided by the collection company shall remain the property of the collection company. The containers shall not be damaged, destroyed or removed from the premises by any person. Markings and identification devices on the containers, except as placed or specifically permitted by the collection company, are expressly prohibited and shall be regarded as damage to the containers. I. It shall be unlawful, except as authorized by the owner, collection company or the city, to deposit any garbage solid waste or other material in any garbage can, garbage unit, detachable container or mobile toter or to remove the covers therefrom. The covers shall be securely placed on each can, toter or unit at all times, except when it is necessary to remove same for deposit or at times of collection. J. 1 ffeetive Nevember- 1, 1994, yyard waste collected by collection companies shall be deposited in containers provided or approved by collection companies or by the director, and disposed of as provided for in this chapter or authorized by the director. Nothing in this chapter shall prohibit persons from composting yard waste on property owned or leased by such persons. Compost facilities shall be operated and maintained consistent with other applicable laws and regulations. Sec. 7.03.060. Hours of collection. All garbage solid waste, recyclable materials and yard waste will be collected within the boundaries of the city as follows: 1. Residential pick-ups shall be made , Monday through Friday from 7:00 a.m. to 4:00 p.m. unless otherwise approved by the director eit_y in writing. Solid waste pick-ups shall be made once per week, unless otherwise approved by the director. Recycling materials and yard waste may be picked up less frequently as approved by the director. Residential collection shall be at curbside unless otherwise agreed upon. 2. Commercial pick-ups may begin at 4:00 a.m., Monday through Friday and may be made as often as required, but no less than once per month; provided, however, that in commercial areas abutting residential neighborhoods, pick-ups shall be limited to days and times set forth in subsection (1) above. 11 Solid Waste Collection Sec. 7.03.070. Special regulations. The city reserves the right to prescribe special regulations for the collection of garage and solid waste from the construction or repair of buildings, waste products from manufacturing plants, refuse of peculiar quality or gauge solid waste which may be thoroughly offensive or dangerous to haul through the streets or alleys of the city. The requirements for solid waste, recyclable materials, and yard waste collections, as set forth in the provisions of this chapter, may be modified by contract with the collection companies when approved by the city council and the affected collection company. Sec. 7.03.080. Location of containers. A. The location of detachable containers, garbage cans or units, or mobile cartstetm of commercial, industrial or multifamily dwellings shall be subject to inspection by the fire department and must be relocated in areas with a reduced or a nonexistent fire hazard as necessary. B. The location of the mobile cartstetefs in conjunction with the residential pick- ups shall be at curbside. Persons with physical constraints, unable to bring *ems or- garbage solid waste and recyclable materials to the curbside for collection, may be granted an exemption from doing so by the collection company. Sec. 7.03.085. Recycling space requirements. A. Storage space and collection points for recyclables. Developments shall provide storage space for the collection of recyclables as follows: 1. The storage space for residential uses shall be provided at the rate of one and one-half(1 1/2) square feet per dwelling unit in apartment and condominium developments except when the development is subject to a city/county sponsored or approved direct collection program. 2. The storage space for nonresidential uses shall be provided at the following rate: 12 Solid Waste Collection a. Two (2) square feet per every one thousand (1,000) square feet of building gross floor area in office educational and institutional developments; b. Three (3) square feet per every one thousand (1,000) square feet of building gross floor area in manufacturing and other nonresidential developments; C. Five (5) square feet per every one thousand (1,000) square feet of building gross floor area in retail developments. B. Collection points for recyclables. Developments shall provide collection points for recyclables as follows: 1. The storage space for residential developments shall be apportioned and located in collection points as follows: a. The required storage area shall be dispersed in collection points throughout the site when a residential development comprises more than one (1) building. b. There shall be one (1) collection point for every thirty (30) dwelling units. C. No dwelling unit within the development shall be more than two hundred (200) feet from a collection point. d. Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic on site, or project into any public right-of-way. 2. The storage space for nonresidential development shall be apportioned and located in collection points as follows: a. Storage space may be allocated to a centralized collection point. b. Outdoor collection points shall not be located in any required setback areas. C. Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic onsite, or project into any public right-of-way. 13 Solid Waste Collection d. Outdoor collection points serving more than one (1) building within any single development are subject to the prior approval of the city's director of public works. C. Collection point design. The collection points shall be designed as follows: 1. Dimensions of the collection points shall be of sufficient width and depth to enclose containers for recyclables. 2. Architectural design of any structure enclosing an outdoor collection point or any building primarily used to container a collection point shall be consistent with the design of the primary structure(s) on the site. 3. Collection points shall be identified by signs not to exceed two (2) square feet. 4. A six (6) foot wall or fence shall enclose any outdoor collection point, excluding collection points located in industrial developments that are greater than one hundred (100) feet from residentially zoned property. 5. Access to collection points may be limited, except during regular business hours and/or specified collection hours. 6. Enclosures for outdoor collection points and buildings used primarily to contain a collection point shall have gate openings at least twelve (12) feet wide for haulers. In addition, the gate opening for any building or other roofed structure used primarily as a collection point shall have a vertical clearance of at least twelve (12) feet. 7. Weather protection of recyclables shall be ensured by using weatherproof containers or by providing a roof over the storage area. 8. Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic onsite, or project into any public right-of-way. Sec. 7.03.090. King County system designated. A. All solid waste generated within the corporate limits of the city shall be disposed at a King County solid waste disposal facility. 14 Solid Waste Collection B. King County is authorized to designate disposal sites for the disposal of all solid waste generated within the city. C. No solid waste may be diverted from the disposal sites designated by King County without King County approval. D. The provisions of this section shall not apply and shall not affect the disposal of solid waste which is eliminated through waste reduction or waste recycling activities which have been coordinated with King County pursuant to the agreement between King County and the city concerning use of King County solid waste disposal facilities. E. King County regulations or ordinances regarding levels and types of service for any aspect of solid waste handling shall not apply within the limits of the city except as provided in this chapter. See. 7.03.100. King County comprehensive solid waste management plan adopted. A. The city hereby adopts the King County comprehensive solid waste management plan with addenda as recommended by the solid waste interlocal forum through resolution 89005 (hereinafter "plan"). The plan as adopted in this section is further designated for the exercise of substantive authority under the State Environmental Policy Act rules pursuant to RCW 43.21C.060. B. Pursuant to RCW 70.95.160, the city hereby determines that King County shall not exercise any powers regarding the levels and types of service for any aspect of solid waste handling in the city. King County regulations and ordinances regarding levels and types of service for any aspect of solid waste handling shall not apply within the corporate limits of the city as may be now or hereafter determined by the city. C. Pursuant to RCW 70.95.030, the city hereby designates the following materials as recyclable materials: 1. Container glass; 2. Paper; 3. Aluminum; 15 Solid Waste Collection 4. Tin cans; 5. Plastic. Other materials may be designated as recyclable as markets become available and as the net cost of collecting and recycling that material becomes equal to or less than the cost of collection, transfer, long haul and disposal. Items in the above list may be removed due to market or other variation. D. The city shall determine solid waste and recycling collection rates, if any, by ordinance and not as set forth in the plan. E. The director of public works is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this section. Sec. 7.03.110. Lien for utility services. A. Pursuant to Chapter 35.21 RCW, liens are authorized by this code against property for which solid waste, recyclable materials, or yard waste collection services have been provided by collection companies operating under contract with the solid waste utility. B. Charges for solid waste collection and disposal, recyclable collection and disposal, and yard waste collection and disposal services are set by collection companies consistent with solid waste utility contracts with the city. Upon failure to pay the charges within the time provided for in invoices and/or bills issued by collection companies, the amount thereof shall become a lien against the property for which the solid waste, recyclable material, or yard waste collection service is rendered. C. A notice of the lien authorized by this section shall specify the charges, the period covered by the charges, and the legal description of the property sought to be charged. The notice shall be filed with the county auditor within the time required and shall be foreclosed in the manner and within the time prescribed for liens for labor and material. D. Liens authorized by this section shall be prior to all liens and encumbrances filed subsequent to the filing of the notice of lien with the county auditor, except the 16 Solid Waste Collection lien of general taxes and local improvement assessments whether levied prior or subsequent thereto. E. Collection companies seeking to exercise rights under this section shall have current, executed contracts for solid waste handling with the city authorizing the rights herein and providing for the method of such lien enforcement. See nz »n Not:ee ofAoleae.. A. if the d' eeter determines after; eetiee♦:en that thishapt....has been , elaie.i believed to he responsible f e the .. nd:t:en_ The netiee shell he a .ed by personal ser-viee of by United States mail addfessed te the las4 imewn address ef the- ♦ t ef ether .. 'ble ier the .. nditie» The netiee. shell stele e e ................ ..... ...,...,.. ....».. ...»... netiee.. The t' f 1 t' h ll ♦ be amended h the d;reete to elude — nvut-,c-vi—nvmnviT T�ei,avas a.�j; ..uv ,,.... .., .. .,... ... .. ddki l viela4iens as a result of e e eetien for .empl;enee a eth F puTes`s emeept upon a elear- showingthat the amendment isneeessar-y f the pr-eteeti of publie safety, health and geneFal welfare and that !he addi4ienal vielatien did net exis! ld ♦ r ..ehly he..e heen d:..ee..ered at the t:.ne_e f e 1 Wb 1 islet; a nable 6me fee See. 7 '�. 0. Tlme--to-e6mp.j�. .rn�:..»..::b » ..,».,....».,.., ......, ..,. i. The 4ype and degree vielatien t: :led in the netiee. 2. The intent of a r-espensible n.,rty 4e eemply if an intent has been Cove ? A3 1d8 ENtension of eomplinnee date An e.,tene:en of t:...e f eempl;enee with a et;ee of violation m he .,,• nted i ..it:ne by the d;reeter . Y-eeei»t of a ...tte st the el The d: .ne.._...:♦eeta „vua-u vim,aaw., ...q..v.+. b,..... 17 Solid Waste Collection an extensien f tifne after- finding thatrequired ea aetiens have beenstaAea and that the ..rL essing t ..at n at:efee- rate.is See. 7.03.150. QAI .. wally. available, any per-sen faijing je eemp!y with a fie4iee ef vielafien of this ehapief shall violation fr-em the date t Fer- eem«l: a until the eti e eF , elat: m pl;va Y h a a a 71ar-s Jelnm per- aay. The penalty fer- f;l.,re to a ..1.w with a °five eF et..al vest eF a..eh .. .al plus fifteen (IS)..e ent The It a h this tie,+ hall he lleetea h.. w;l aetien hr-e eht : aTxxv-perxarc�-xxripvvcaz7-n�xrT3ccsx��rrvnax v ,x `� ��p. h 11, with the .anee f the a' eter taken .:ate aet:en•e eelleet the pena, rrrer lty. een4ains Owee (3) eF mefe items beafing the name ef ene (1) individual er- whenever- a • h' 1 eF trailer- usea in the t' :ty ; identified by its Evens° plate it shallhe 1 y- , °.,lent, er. a e.,h„ae eFether,• e 2. Th • eeffeetien F th vielation . eemmeneed .. p l.w ,pen Fth ♦' .h F, fullr h t that l• a with: the time a was an prevented •her-eena't'ens ef eir-eumstanees h a the a «•r-el eFthe defendant. 18 Solid Waste Collection See Summary • • • • abatement. A. The ♦ couneil may, afier- a a en has been filed by the diFeeter- and th e ty to be tenant OF otheF peFS01i responsible for- the eendition has had a Per- vrspvscxx�rrcrcrSc from the—pl vp c..y ... sueh p.. .... .. ....... ....... meemplished w4hin the time expense within a time speeified in the or-dinanee. if the Femeval and dispesal is net the diFeeter may abate the nuisanee and '1 ar.sion the ees! and expense!hereof plus fifteen (15)per-eent_ w t > afie eivil offer- al Femed; pr-evided beFein a inadequate to err..t — Sec. 7.03.4-70120. Violation, penalty. A. Any violation of any provision of this chapter is a civil violation as provided for in Ch. 1.04 KCC for which a monetary penalty may be assessed and abatement may be required as provided therein. AB.. In addition to or as an alternative to any penalty provided in this chapter, Aanyone violating or failing to comply with KCC 7.03.020 through 7.03.050 shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for a period of not exceeding one (1) year, or by both such fine and imprisonment. B. Alt 1 anyone failing to . ply with anypy-evision of his ehapter-shall vielatien pursuant to KGG 7 03 i nn tw,..,,,gh 7 03 l 7n SECTION 2. —Severability. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision 19 Solid Waste Collection shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - ffective Date. This ordinance shall take effect and be in force thirty(30) days from and after passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY PASSED: day of , 2001. APPROVED: day of , 2001. PUBLISHED: day of 12001. 1 hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK 20 Solid Waste Collection ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to the public health, safety, and general welfare and City solid waste utility and pursuant to RCW 35.27.330, authorizing solid waste, recyclable materials, and yard waste franchise contracts between the City of Kent and Waste Management of Washington, Inc., a Delaware corporation and between the City of Kent and Kent-Meridian Disposal Company, a Washington general partnership. WHEREAS, by Ordinance No. 2870, the City of Kent reestablished a system of solid waste collection and disposal (the "solid waste utility") consistent with Ch. 35.21 and 35.67 RCW; and WHEREAS, Ordinance No. 2870 mandated that garbage be collected and handled within the City by City authorized persons operating under a contract with or under the direction of the City; and WHEREAS, pursuant to Ordinance No. 2970, the City, Tri-Star Disposal (now known as Waste Management of Washington, Inc.) and Kent-Meridian Disposal entered into ten (10) year franchise contracts for solid waste collection services within the City, which contracts expire on March 31, 2001; and 1 Solid Waste Collection -Franchise WHEREAS, the City, Waste Management of Washington, Inc., and Kent-Meridian Disposal have been negotiating new solid waste, recyclable materials, and yard waste franchise contracts for the purpose of collection, disposal, and processing of solid waste, recyclable materials, and yard waste; and WHEREAS, the City Council finds that it would not be practical or in the City's best interest to solicit bids for this service due to the limited number of haulers available to perform this service, the history of the solid waste utility with the City, and the potential claims to territory by the existing haulers; and WHEREAS, the City wishes to enter into contracts with Waste Management of Washington, Inc. and Kent-Meridian Disposal for said services; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The recitals set forth above are hereby incorporated by reference and adopted as if set full in forth herein. SECTION 2. Solid Waste, Recyclable Materials. and Yard Waste Contracts Authorized. The Mayor, for and on behalf of the City, is hereby authorized to finalize and execute franchise contracts with Waste Management of Washington, Inc. and Kent-Meridian Disposal for the collection, disposal, and processing of solid waste, recyclable materials, and yard waste, in substantially the same form as introduced and made part of the council record and on file in the City Clerk's office, more specifically identified as follows and incorporated herein by this reference: 1. Solid Waste Collection and Disposal, Recycling and Processing Contract between the City of Kent and Waste Management of Washington, Inc., April 1, 2001 —March 31, 2011; and 2 Solid Waste Collection -Franchise 2. Solid Waste Collection and Disposal, Recycling and Processing Contract between the City of Kent and Kent-Meridian Disposal, April 1, 2001 —March 31, 2011, SECTION 3. — Amendment to Contracts. The franchise contracts as authorized by this ordinance, may be amended in the future by the City Council and Mayor, as applicable, without amendment to this franchise ordinance or adoption of a new ordinance to authorize the same. SECTION 4. — Rati ication. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. SECTION 5. —Severability. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. — Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after passage as provided by law. JIM WHITE,MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY 3 Solid Waste Collection -Franchise PASSED: day of , 2001. APPROVED: day of , 2001. PUBLISHED: day of , 2001. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:CiMPOrtlimcslSdiiwawe.RardirtAx 4 Solid Waste Collection -Franchise SOLID WASTE COLLECTION AND DISPOSAL, RECYCLING AND PROCESSING CONTRACT Between THE CITY OF KENT and WASTE MANAGEMENT OF WASHINGTON,INC. DB/A TRI-STAR DISPOSAL,A DELAWARE CORPORATION APRIL 1,2001- MARCH 31, 2011 1131/01 11:48 AM TABLE OF CONTENTS Page ARTICLE1. DEFINITIONS..............................................................................................2 ARTICLE 2. GENERAL PROVISIONS...........................................................................5 2.1 Term................................................................................................................5 2.2 Work to be Performed.....................................................................................5 2.3 Minimum Level of Service and Self Haul......................................................5 2.4 Annexation......................................................................................................6 2.5 Contractor to Make Examination....................................................................7 ARTICLE3. OPERATIONS..............................................................................................7 3.1 Collection........................................................................................................7 3.1.1 Route Map and Route Changes .......................................................7 3.1.2 Collection Schedule.........................................................................7 3.1.3 Collection at City-Owned Sites .......................................................8 3.1.4 Holiday Schedule.............................................................................8 3.1.5 Inclement Weather...........................................................................8 3.1.6 Missed Collections and Special Collections....................................9 3.1.7 Solid Waste, Recyclable Materials, or Yard Waste Left Behind by Contractor..................................................................9 3.1.8 Semiannual Clean-Up Weeks and Special Events..............................9 3.2 Solid Waste and Recyclable Materials Containers.......................................10 3.2.1 Residential Solid Waste Containers...............................................10 3.2.2 Residential Recycling Containers..................................................10 3.2.3 Residential Yard Waste Containers...............................................10 3.2.4 Commercial Containers .................................................................10 3.2.5 Containers Generally. ....................................................................10 3.3 Contractor Service ........................................................................................11 3.3.1 New Customers..............................................................................11 3.3.2 Special Disabled Service ...............................................................11 3.4 Hauling and Disposal of Solid Wastes .........................................................11 3.4.1 Responsibility for Spills.................................................................11 3.4.2 Delivery to Disposal Site...............................................................1 l 3.4.3 Hazardous Materials. .....................................................................12 3.5 Recycling and Yard Waste Collection and Processing.................................12 3.5.1 Required Services..........................................................................12 3.5.2 Expanded Collection, Disposal, and Recycling.............................12 3.5.3 Landfill and Incineration Prohibited..............................................12 3.5.4 Material Delivery Standards..........................................................12 3.5.5 Eligible Recyclable Materials........................................................13 3.5.6 Yard Waste ....................................................................................13 1/31101 12 08 PM -i- Pate 3.6 Local Improvements.....................................................................................13 3.7 Contractor's Office. ......................................................................................13 3.8 Contractor's Records and Audit. ..................................................................14 3.8.1 City Access to Contractor Records................................................14 3.8.2 Compliance with Law; Documentation; Confidential Business Records...........................................................................14 3.8.3 Disclosure Demands. .....................................................................14 3.8.4 Monthly Reports............................................................................15 3.8.5 Dump Receipts...............................................................................15 3.8.6 Customer Count.............................................................................15 3.8.7 Complaint Log ..............................................................................15 3.9 Contractor's Employees................................................................................15 3.9.1 Demeanor.......................................................................................15 3.9.2 Collection Procedures....................................................................15 3.9.3 Skills..............................................................................................15 3.10 Contractor's Equipment................................................................................16 3.10.1 Collection Vehicles........................................................................16 3.10.2 Collection Vehicle Maintenance....................................................16 3.10.3 Equipment Ownership...................................................................16 3.11 Illegal Weights..............................................................................................16 ARTICLE 4. GUARANTEES,INSURANCE AND DEFAULTS.................................16 4.1 Violation of Ordinance.................................................................................16 4.2 Indemnification.............................................................................................16 4.2.1 Contractor's Indemnification of City.............................................16 4.2.2 Claims Subject to Indemnification ................................................17 4.2.3 City Liability to Contractor............................................................17 4.2.4 Notice to Contractor; Defense. ......................................................17 4.2.5 Applicability of RCW 4.24.115.....................................................18 4.2.6 Indemnification for Claims of Contractor's Employees................18 4.2.7 Royalties; License Fees; Patents....................................................18 4.2.8 No Indemnity Waiver. ...................................................................18 4.2.9 Indemnification Surviving Termination ........................................18 4.3 Damage to Property......................................................................................18 4.4 Liability Insurance........................................................................................19 4.4.1 General Requirements....................................................................19 4.4.2 Coverages of Liability Policy. .......................................................19 4.4.3 Minimum Limits............................................................................19 4.4.4 Required Endorsements.................................................................20 4.4.5 ACORD Form.................................................................. ..........20 4.4.6 Compliance Required ....................................................................20 1/31/01 12:08 PM -ii- Page 4.5 Payment of Claims........................................................................................21 4.6 Liens..............................................................................................................21 4.6.1 Authority........................................................................................21 4.6.2 Procedure.......................................................................................21 4.6.3 Lien Foreclosure-Indemnification .................................................21 4.7 Default; Failure to Perform Contractual Obligations ...................................22 4.7.1 Contractor Default .........................................................................22 4.7.2 Consequences of Category A Default............................................23 4.7.3 Category B Default; Liquidated Damages.....................................23 4.7.4 Dispute Resolution.........................................................................26 4.7.5 Enforcement of Contract................................................................26 4.7.6 Right to Require Performance.......................................................26 4.7.7 Interruption of Contract Services ..................................................26 4.8 Bankruptcy....................................................................................................26 4.9 Force Majeure...............................................................................................27 ARTICLE 5. COMPENSATION .....................................................................................27 5.1 Commercial Rates.........................................................................................27 5.2 Residential Rates...........................................................................................27 5.3 Residential and Commercial Rate Adjustments (CPI) .................................27 5.4 Residential and Commercial Rate Adjustments—(other) ............................28 5.5 Approval and Effective Date ........................................................................28 5.6 Rate Audit.....................................................................................................28 5.7 Dump Fees....................................................................................................29 5.8 Billing and Payment......................................................................................29 5.9 Collection......................................................................................................29 5.10 City Fees or Taxes ........................................................................................29 ARTICLE 6. MISCELLANEOUS PROVISIONS .........................................................29 6.1 Independent Contractor.................................................................................29 6.1.1 Contractor as Independent Contractor..............................................29 6.1.2 Contractor's Control of Project.........................................................29 6.2 Assignment ...................................................................................................30 6.2.1 Nonassignment of the Contract.........................................................30 6.2.2 Change in Control.............................................................................30 6.2.3 Binding Effect...................................................................................30 6.3 Applicable Law.............................................................................................30 6.4 Quality of Performance.................................................................................30 6.5 Contract.........................................................................................................30 6.5.1 Meaning of Contract Terms..............................................................30 6.5.2 Definitions Defined in RCW 70.95 and WAC 173-304...................31 6.5.3 Conflicting Definitions .....................................................................31 1131101 12:08 PM -111- Page 6.5.4 Amendments to Referenced Citations..............................................31 6.5.5 Entire Contract..................................................................................31 6.5.6 Amendment.......................................................................................31 6.5.7 Successors.........................................................................................31 6.6 Intent of Contract Documents.......................................................................31 6.6.1 Comprehensive Contract...................................................................31 6.6.2 Comprehensive Services...................................................................31 6.6.3 No Waiver of Governmental Powers................................................32 6.7 Facilities and Personnel................................................................................32 6.8 Time of the Essence......................................................................................32 6.9 Payment of Subcontractors and Agents........................................................32 6.10 Third-Party Beneficiaries..............................................................................32 6.11 Personnel Practices; Nondiscrimination.......................................................32 6.12 OSHA/WISHA .............................................................................................33 6.13 Contract Administration; Notices.................................................................33 6.13.1 City of Kent Representative..............................................................33 6.13.2 Contractor's Representative..............................................................33 6.13.3 Notices..............................................................................................33 6.14 Taxes, Permits and Fees................................................................................34 6.14.1 Contractor's Permits and Licenses ...................................................34 6.14.2 Other Taxes.......................................................................................34 6.15 Fines; Penalties.............................................................................................34 6.16 Dissolution of the City and Successor to the City........................................34 6.17 No Personal Liability....................................................................................34 6.18 Severability...................................................................................................35 6.19 Waivers.........................................................................................................35 6.20 Disagreements...............................................................................................35 6.21 Governmental Authority...............................................................................35 LIST OF APPENDICES Appendix A: Legal Description of Core Areas Appendix B: Listing and Map of City-Owned Buildings, Parks, and Sidewalk Containers to which Collection Services Apply Appendix C: Commercial Rates Appendix D: Residential Rates 1/31/01 12:08 PM -iv- SOLID WASTE COLLECTION AND DISPOSAL, RECYCLING AND PROCESSING CONTRACT Between THE CITY OF KENT and WASTE MANAGEMENT OF WASHINGTON, INC. D/B/A TRI-STAR DISPOSAL This Contract is made and entered into on the last date fully executed below, by and between the CITY OF KENT, WASHINGTON (the "City"), a Washington municipal corporation, and WASTE MANAGEMENT OF WASHINGTON, INC. d/b/a Tri-Star Disposal ("Tri-Star"), a Delaware Corporation, (hereinafter called the"Contractor'. RECITALS WHEREAS, it is essential that residential, commercial and industrial solid waste be reduced and properly collected, recycled, and disposed of in order to avoid adverse environmental and social effects; and WHEREAS, the Contractor is qualified to provide solid waste collection and recycling services, including processing and distribution of recyclable materials to end markets, in accordance with the terms of this Contract; and WHEREAS, the Contractor agrees for the consideration stated to collect and dispose of solid waste, and to collect, process and market recyclable materials and yard waste collected within the City of Kent in accordance with this Contract; NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein contained, THE CITY OF KENT and CONTRACTOR,hereby agree as follows: 1/31/01 11,48 AM -1- ARTICLE 1 Definitions 1. "Annexed Areas I": Those areas annexed into the City of Kent after June 12, 1957, and before April 1, 1991 (annexed to the Core Area), within which Residential Customers will be serviced by Kent-Meridian Disposal, and within which Commercial Customers will be serviced by Contractor. 2. "Annexed Areas II": Those areas annexed into the City of Kent after March 31, 1991, or which will in the future be annexed into the City of Kent (annexed to the Core Area and Annexed Areas 1), within which Commercial and Residential Customers serviced by Kent- Meridian Disposal at the time of annexation will continue to be serviced by Kent-Meridian Disposal and within which Commercial and Residential Customers serviced by Contractor at the time of annexation will continue to be serviced by Contractor. 3. "City": The City of Kent, Washington. 4. "Commercial Areas": All areas in both the Core Area and Annexed Areas I and Annexed Areas II where Commercial Customers are located. 5. "Contract": This Solid Waste Collection and Disposal, Recycling and Processing Contract, its Appendices, and any amendments thereto. 6. "Contractor": Waste Management of Washington, Inc. d/b/a Tri-Star Disposal. 7. "Contractor's Service Areas" or "Service Areas": All Commercial Customers within Annexed Areas I and those Commercial and Residential Customers, if any, in Annexed Areas II serviced by Contractor on the date of annexation of such areas. 8. "Commercial Customer(s)": All Customers that are not included within the definition of"Residential Customers" set forth below,which are within Contractor's Service Areas. Commercial Customers include Commercial Multi-family Customers as defined below. 9. "Commercial Multi-Family Customer(s)": Multi-family residences containing more than four(4) dwelling units. 10. "Contractor Facility" or "Contractor Facilities": The term "Contractor Facility" or "Contractor Facilities" means any facility or facilities owned or operated by the Contractor to perform its obligations under the Contract to pick up, transfer, load, unload, transport and dispose of Solid Waste,Recyclable Materials, and Yard Waste. 11. "Core Area": Historically, the city limits of Kent as it existed as of June 12, 1957, within which both Residential and Commercial Customers are to be serviced by Kent-Meridian Disposal, and as legally described in Appendix A. 1/31/01 11:48 AM -2- 12. "County": King County, a political subdivision of the State of Washington, its successors or assigns. 13. "County Facility" or "County Facilities": The term "County Facility" or "County Facilities" includes but is not limited to the transfer stations, transportation facilities, locations of delivery for all Solid Waste, Recyclable Materials or Yard Waste owned or operated by public entities as part of the King County Solid Waste System. 14. "Curb" or "Curbside": On the Customer's property, within five feet of the public street without blocking sidewalks, driveways, or on-street parking. If extraordinary circumstances preclude such a location for purposes of the collection of Solid Waste, Recyclable Materials, and Yard Waste, Curbside shall mean an alternate location suitable to the Customer, convenient to the Contractor's equipment, and mutually agreed to by the City and the Contractor. 15. "Customer(s)": Residential and Commercial Customers located within Contractor's Service Areas. 16. "Director": Director of Public Works, City of Kent, Washington, or such other representative as may be designated by the Mayor. 17. "Garbage Cans": A watertight, galvanized, sheet metal, raised-bottom container or suitable plastic container not exceeding four (4) cubic feet or thirty-two (32) gallons in capacity, weighing not over twenty-two (22) pounds when empty or sixty-five (65) pounds when full, fitted with two (2) sturdy handles, one(1)on each side and a tight cover equipped with a handle. 18. "Hazardous Waste": "Hazardous waste" under the Resource Conservation and Recovery Act, 42 U.S.C. §§ 69.01-69.87, as amended, or rules and regulations thereunder, or identified or defined as "extremely hazardous wastes" or as "dangerous wastes" under Chapters 70.105 or 70.105A RCW, or special wastes as defined in WAC 173-303, or rules and regulations thereunder. 19. "Material": Solid Waste,Recyclable Materials, and Yard Waste as defined herein. 20. "Inaccessible Area": Any road that does not allow safe access, turnaround, or clearance for the Contractor's collection vehicles. 21. "Mobile Cart": A movable container that holds at least 60 gallons of Solid Waste, with a hinged-lid with a tight fit, thick skinned one-piece balanced weight body that sets on tires, which may be picked up at Curbside with a hydraulic dumping mechanism. The Director may approve Contractor use of alternative sizes of Mobile Carts. 22. "Party" or `Parties": The City of Kent, Washington; and Waste Management of Washington, Inc. d/b/a Tri-Star Disposal. 1/31/01 11:48 AM -3- 23. "Processor": The Recycling Processing Center(s) designated from time to time by the Contractor to process and market Recyclable Materials, to be separated as determined by the Contractor. 24. "Recyclable Materials": Waste materials generated in the City of Kent capable of reuse from a waste stream as designated by the Director, including but not limited to sorted or unsorted newsprint, glass, aluminum, ferrous and nonferrous cans, plastic materials, mixed paper, and cardboard accumulated and intended for recycling or reuse and collection by the Contractor. The term Recyclable Materials is more specifically defined in section 3.5.5. This term excludes all hazardous wastes and solid wastes intended for disposal in a landfill, incinerator, or interim solid waste disposal facility under WAC 173-304. All Recyclable Materials intended for collection by the Contractor shall remain the responsibility and ownership of the Customer until such Materials as contained in designated containers for Recyclable Materials are placed out for collection for the Contractor. Such Materials then become the responsibility and property of the Contractor subject to the right of the Customer to claim lost property of value. Unless otherwise noted, the term Recyclable Materials shall include Yard Waste. 25. "Residential Customer(sl": Customers dwelling in one-unit houses, mobile homes, and multi-family residences containing no more than four (4) dwelling units such as duplexes, tri- plexes, and four-plexes which are within Contractor's Service Areas. 26. "Service": Any and all matters and things that are required to be done, kept, performed and furnished under this Contract. 27. "Solid Waste": Shall be as defined by RCW 70.95.030 and WAC 173-304-100(73), and shall not include sludge from waste water treatment plants, septage from septic tanks, extremely hazardous waste, hazardous waste, dangerous waste, special waste, and problem wastes as defined in WAC 173-304 and 173-303, and RCW 70.105 and 70.105A. 28. "Solid Waste Utility": The City system of Solid Waste handling under Chapters 35.21 and 35.67 RCW and the Kent City Code. 29. "Work": Work includes those tasks to be performed consisting of the collection, disposal and/or processing of all Solid Waste and Recyclable Materials accumulated in the City. Work excludes all hazardous waste. 30. "WUTC": The Washington Utilities and Transportation Commission. 31. "Yard Waste": Compostable organic Material including leaves, grass, branches, brush, flowers, tree wood waste, and other biodegradable waste that may be designated by the Director, which is intended for recycling or reuse. Yard Waste includes limbs and branches not over four (4) inches in diameter or four (4) feet in length. Yard Waste does not include animal waste, rocks, dirt, significant amounts of sod, and demolition debris such as concrete, wall board, lumber or roofing material, except incidental amounts. 1/31/01 11:48 AM -4- ARTICLE 2 General Provisions 2.1 Term. The term of this Contract shall be for a period of ten (10) years commencing on the 1 st day of April 2001 and terminating after ten (10) years on March 31, 2011. 2.2 Work to be Performed. Subject to preemptive federal or state law, and the Solid Waste Disposal Agreement Between King County and the City of Kent, dated December 31, 1986, the work to be performed consists of the Contractor's exclusive right to collect, haul and transport Solid Waste, Recyclable Materials, and Yard Waste as defined herein and in Kent City Code Chapter 7.03, as amended, from those Residential and Commercial Customers as defined in Contractor's Service Areas for Solid Waste disposal and/or delivery to Recyclable Materials processing centers for the term of this Contract and in accordance with the provisions hereof, provided, however, that any areas within the City heretofore or hereafter annexed which are subject to a franchise or WUTC certificate held by third parties pursuant to RCW 35A.14.900 are hereby excluded from the terms of this Contract until such time as the City has complied with the provisions of RCW 35A.14.900 and the franchise or permit has terminated. Areas annexed to the City which are serviced by Contractor with a franchise or a WUTC certificate are subject to section 2.4 of this Contract. It is acknowledged that Contractor currently does not service a significant number of Residential Customers, if any, in Contractor's Service Areas; however, Contractor acknowledges that Residential Customers may be added to Contractor's Service Areas as the City annexes areas into the City, at which time the provisions of this Contract relating service to Residential Customers shall apply. It is further acknowledged that this Contract is not intended to impose substantive standards affecting the price, route or service of "property," as that term is defined by federal and state laws. In the event a court decision is issued or legislation enacted which affects the legal definition of "property," as that term is used in the Federal Aviation Administration Authorization Act of 1994 and as considered in AGG Enterprises, Inc. v. Washington County, No. CIV. 99-1097-KI, 2000 WL 361892 (D. Or.), and, as a result, limits the City's ability to enforce the exclusive rights granted under this Contract, the Contractor may provide collection services as to that "property" as a service excluded from this Contract. 2.3 Minimum Level of Service and Self Haul. Pursuant to Kent City Code Chapter 7.03, all persons and property shall be subject to and responsible for the minimum level of service and associated charges for service for residential and commercial solid waste, and residential and commercial multi-family recyclable materials, as applicable, whether or not such persons or property use the service, except as otherwise provided for in Chapter 7.03. Contractor's exclusive right granted herein shall not limit the right of waste generators to collect, transport, process, store and dispose of any Solid Waste, Recyclable Materials, or Yard Waste generated solely from their specific property, nor shall it limit waste generators' rights to contract with third parties (e.g., landscape or yard maintenance companies) to transport, process, store and dispose of Yard Waste so long as the third party's treatment of Yard Waste is incidental to the service the third party is providing the resident. With the exception of self hauling by waste generators and the City's contractors and agents, no other use of, or scavenging of, collected Materials is permitted without the permission of the City. 1/31101 11:48AM -5- 2.4 Annexation. If, during the life of this Contract, additional territory is added to the City through annexation within which the Contractor has an existing WUTC certificate or other franchise for collection and/or disposal of Solid Waste, Recyclable Materials and/or Yard Waste at the time of annexation, the Contractor shall make collection in such annexed areas 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 Contractor for delays in the provision of services to annexed areas due to procurement delays that are not within the reasonable control of the Contractor. In the event the City annexes areas within which the Contractor has an existing WUTC certificate or other franchise for collection and/or disposal of Solid Waste, Recyclable Materials and/or Yard Waste, the Contractor agrees, by accepting this Contract from the City, that the certificate or franchise applicable to the annexed areas shall be deemed canceled on the effective date of the annexation, and the City shall notify the WUTC to that effect as required under RCW 35A.14.900. The Contractor shall continue to service the areas it previously served in the newly annexed areas under the terms and conditions set forth in this Contract and waives any and all claims or rights for compensation and/or damages for loss of franchise, business, or facilities as outlined in RCW 35A.14.900 from the City, its agents, officers or assigns arising out of the cancellation of the previous permit or franchise. The Contractor shall serve its Service Areas in the newly annexed areas for a term of not less than ten (10) years from the date of annexation, and the City, pursuant to RCW 35A.14.900 and as required by said statute, shall not extend similar or competing services to the annexed territory for a period of ten (10) years after the date of annexation, except upon a proper showing of inability or refusal of Contractor to adequately service newly annexed territory. The right granted hereunder to serve newly annexed territory for a term of ten (10) years from the date of annexation shall require such service to be in accordance with the terns of this Contract even if the Contract has otherwise expired. This Contract is in lieu of a franchise as provided in RCW 35A.14.900. 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 certificate 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 other than the compensation for services contained in this Contract. Contractor expressly waives and releases any claim to territory which it is not currently servicing as of the date of execution of this Contract, as well as of territory it is not servicing in any future annexed areas as of the date•of such annexation, except for territory acquired through mergers and/or acquisitions. Both parties agree that in the event the City should elect to acquire Contractor's rights of collection prior to the expiration of the ten (10) year period subsequent to annexation, the City will pay fair market value for the franchise, business or facilities acquired as outlined in RCW 35A.14.900. That payment shall satisfy any and all damages suffered or claims made by Contractor. Otherwise, nothing in this Contract is intended to preclude Contractor from reactivating its WUTC certificate rights should the City at any time cease to assert its control over the collection and/or disposal of Solid Waste, Recyclable Materials and/or Yard Waste. In such event, Contractor shall not be entitled to any damages or compensation from the City for loss of Service Areas should the WUTC not grant Contractor the Service Areas set forth in this Contract. 1/31/01 11:48 AM -6- 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 collection and/or disposal of Solid Waste, Recyclable Materials and/or Yard Waste, in such event and upon 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 delays in the provision of services to annexed areas covered by the paragraph, due to procurement delays that are not reasonably within the control of the Contractor. 2.5 Contractor to Make Examination. The Contractor shall undertake its own examination, investigation, and research regarding the proper method of doing the Work, and all conditions affecting the work to be done; the labor, equipment, and materials needed; and the quantity of the work to be performed. The Contractor agrees that it is satisfied by its investigation and research regarding all of such conditions, and 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 which may prove to be in any respect erroneous. The Contractor assumes the risk of all conditions foreseen or unforeseen and agrees to continue the work without additional compensation under whatever circumstances that may develop other than as herein provided. ARTICLE 3 Operations 3.1 Collection. 3.1.1 Route Map and Route Changes. For any residential collection work performed under this Contract, the Contractor shall show, on a map furnished to the Director, the day of the week when Solid Waste, Recyclables, and Yard Waste shall be collected from each area or route. The Contractor may change the day of collection giving notice to the Director and the Customers. Routing changes must include a new route map. 3.1.2 Collection Schedule. Residential pickups shall be made Monday through Friday from 7:00 a.m. to 4:00 p.m.,unless otherwise approved by the City in writing. Commercial pickups may take place at any time deemed appropriate by Contractor so long as the Contractor's operation does not disturb Residential Areas; provided, however, the Director shall have authority to make final approval, which approval shall not be unreasonably withheld. The Director may reverse the decision with regard to the suitability of the collection hours at any time, and such decision shall take effect seven (7) days after written notice is sent to the Contractor. At a minimum, the Contractor shall make one Solid Waste collection per week from Residential Customers, unless otherwise approved by the Director, and shall maintain a regular schedule, as approved by the Director, for Recyclable Materials and Yard Waste collection from Residential - Customers. Residential collection shall be at Curbside with the exception of Customers with physical disabilities as provided for in section 3.3.2. 1/31ro1 n:as AM -7- Collection for Commercial Customers at buildings, places of business, or premises where Solid Waste, Recyclable Materials, and Yard Waste are accumulated or generated shall be made daily if necessary, but in no event less than once per month (Saturday and Sunday optional to Contractor), or as requested; provided, however, the Director shall have authority to make final approval, which approval shall not be unreasonably withheld. The Contractor shall comply with reasonable requirements of Customers with respect to security, location of containers and frequency of removal. 3.1.3 Collection at City-Owned Sites. The Contractor agrees to provide for the collection, removal, and disposal or processing of Solid Waste, Recyclable Materials, and Yard Waste from City-owned and occupied buildings used only for governmental purposes and from City parks within Contractor Service Areas of the City. Such collection, removal and disposal or processing shall be without charge to the City,provided that the Solid Waste, Recyclable Materials, and Yard Waste are placed in containers conveniently located for collection. Appendix B lists current City-owned buildings and parks to which this section applies. The Contractor further agrees to service all City sidewalk containers in the Contractor's Service Areas as often as needed, and at least once a week. Appendix B includes a map with the locations of current City sidewalk containers. Additions, deletions or changes in collection from City-owned buildings, parks and sidewalk containers shall be subject to change as directed by the City. The Director may waive the requirements of this section under special circumstances. 3.1.4 Holiday Schedule. The Contractor shall designate the holidays to be observed under this Contract. The Contractor shall determine the schedule to be worked if the holiday falls on a regular collection day. The Contractor shall provide the City with notice in writing of the change in collection schedule at least thirty (30) days prior to the holiday. The Contractor shall arrange to have the schedule published in a newspaper of general circulation within the corporate limits of the City. Unless attributable to circumstances beyond Contractor's reasonable control, deviation from the published schedule shall be subject to liquidated damages provided in section 3.7.3 3.1.5 Inclement Weather. When weather conditions are such that continued operation would result in danger to collection staff, area residents or equipment, the Contractor shall collect only in areas that do not pose a danger. The Contractor shall determine when inclement weather prevents the Contractor from providing service on a regularly scheduled collection day. The Contractor shall notify the City as soon as possible of the delay in the collection schedule and shall notify radio stations of the delay including, but not limited to, KIRO 710 AM, KING 1090AM, and KOMO 1000AM. The Contractor shall also notify the City when collections can resume and shall make such notice prior to resuming collections. For Customers with weekly collection service, the Contractor shall then make collection on the next regularly scheduled collection day for the Customers whose collection was missed. For Customers with collection services less frequent than weekly, Contractor shall make collection within one week of the missed scheduled collection date, unless otherwise approved by the Director. When service is resumed, the Contractor shall pick up additional Solid Waste, Recyclable Materials, and Yard Waste, up to the maximum volume the Customer would have left for collection during the interval when collections were missed, at no additional cost, and shall empty temporary receptacles, to the 1131/01 11:48 AM -8- extent practicable, that Customers have used when the regular Solid Waste and Recyclable Materials containers have been filled. On inclement weather days where Contractor is prevented from providing service on regularly scheduled collection days, Customers shall have the option of taking their Solid Waste to a King County Transfer Station. In these self-help cases, the Customer shall be entitled to an adjustment to the Customer's collection fee upon submittal by the Customer to the Contractor of a dump fee receipt. The amount of the adjustment will correspond to the normal rate structure and shall be calculated for the number of pickups for which service was provided by the Customer and not by the Contractor. The adjustment shall be deducted from the Contractor's next billing to the Customer. 3.1.6 Missed Collections and Special Collections. Adequate provision shall be made by the Contractor to provide special collections when Solid Waste, Recyclable Materials, or Yard Waste have not been collected due to Contractor error during the regularly scheduled trip. Special pickups for missed collections shall be made by the Contractor when ordered by the Director or his representative at no cost to the City and at no additional cost to the Customer, except for misses caused by Customer error. If the Contractor fails to provide a special pickup within twenty-four (24) hours of notification by the Director or his representative (weekends excepted),the Director or his representative may cause the work to be done by City personnel. The Contractor shall pay liquidated damages for late special pickups ordered by the Director, or for failure to perform special pickups as provided for in section 4.7.3. The time count for assessing liquidated damages shall begin at the time of the notification by the Director or his representative. Should the City cause the work to be done by City personnel, the City shall charge the Contractor an additional $70 for each such pickup. 3.1.7 Solid Waste, Recyclable Materials, or Yard Waste Left Behind by Contractor. For residential work performed under this Contract, the Contractor must affix a tag to containers of Solid Waste, Recyclable Materials, or Yard Waste left purposely to indicate why they were not picked up. The tag must notify Customers of the reason(s) the containers were not emptied or collected and indicate possible remedies. After three successive denied collections, the Contractor shall also notify the City of the address where the Solid Waste, Recyclable Materials, or Yard Waste were not emptied or collected. Failure to notify Customers or the City may incur liquidated damages as provided in section 4.7.3. 3.1.8 Semiannual Clean-Up Weeks and Special Events. Pursuant to Kent City Code Chapter 7.03, the Contractor shall provide collection services as required by the City for the City's semiannual clean-up weeks for Residential Customers. Each January, the Contractor shall pick up Christmas trees from the Commercial Multi-family and Residential Customers within Contractor's Service Areas. Said services shall be provided at no additional cost to the City or the Commercial and Residential Customers. The Contractor shall also provide collection for special events as requested by the City. Charges for such services shall be determined through negotiations between the City and the Contractor based on the extent of service to be performed. 1/31/01 11:48 AM -9- 3.2 Solid Waste and Recyclable Materials Containers. 3.2.1 Residential Solid Waste Containers. At the election of each Residential Customer, the Contractor shall provide one sixty-four (64) or ninety-six (96) gallon "Mobile Cart" for the storage and collection of Solid Waste. The Contractor shall provide stickers or another identification method for differentiating among the Solid Waste, Recyclable Materials, and Yard Waste Mobile Carts. Nothing contained herein shall prohibit any Customers from providing their own Garbage Cans in lieu of using the Contractor's Mobile Carts, provided said container is compatible with the Contractor's equipment; in such cases the Customer shall be responsible for container maintenance. 3.2.2 Residential Recycling Containers. Contractor shall provide each Residential Customer with a recycling container(s) and utilize a collection/sort program as approved by the Director. If it is possible for a Customer to reduce the size of the Solid Waste container when installing a container for Recyclable Materials, the Contractor shall supply the appropriate size Solid Waste container. 3.2.3 Residential Yard Waste Containers. Contractor shall provide each Customer with the opportunity to utilize either a Customer-owned Yard Waste container, subject to Contractor approval, or to rent a Contractor-owned, Director approved, Yard Waste container. The maximum volume of Yard Waste per Customer per collection day will be limited to ten (10) units. One (1) Contractor provided ninety-six (96) gallon container, plus seven (7) units, is equivalent to ten (10) units. A Garbage Can, cardboard box, bundle or Kraft paper bag with a capacity not exceeding thirty-two (32) gallons in volume (approximate) and weighing no more than sixty-five (65)pounds when full,will constitute one (1) unit. 3.2.4 Commercial Containers. The Contractor shall provide Commercial Customers with appropriate containers for Solid Waste, Recyclable Materials and Yard Waste. Solid Waste containers shall be separately identifiable from Recyclable Materials and Yard Waste containers. The Commercial containers for Recyclable Materials shall be serviced by the Contractor on a scheduled or an on-call basis with a once-per-month minimum. 3.2.5 Containers Generally. All containers supplied by Contractor shall remain the property of the Contractor. In the event a Contractor-supplied container(s) is damaged, destroyed, lost or stolen, Contractor shall, within seven (7) calendar days, replace the container(s) at no cost to the Customer. If damage, destruction or loss to any Contractor-supplied container is due in whole or in part to the Customer's negligence, then the Contractor may seek compensation from the Customer for that damage, but only to the extent of the Customer's negligence or contributory fault. In the event a Customer-supplied container(s) is damaged, destroyed or lost and if that damage, destruction, or loss is due in whole or in part to the Contractor's negligence, Contractor shall, within seven (7) calendar days, repair or replace the container(s) at no cost to Customer. The location of Mobile Carts or containers shall be agreed upon between the Contractor and the Customer, provided that the location shall be consistent with the provisions of 1/31/01 11:48 AM -10- all City ordinances and at a minimum will be placed so as to avoid any hazard to the public both while on the Customer's premises and while being serviced by the Contractor. 3.3 Contractor Service. 3.3.1 New Customers. Upon becoming aware of a new Residential or Commercial Customer in the City, the Contractor shall provide Services to the new Customer within seven (7) days. If the Contractor is unable to provide the size of container ordered by the Customer within seven (7) days, the Contractor may temporarily provide the Customer with any size container, provided, however, the service provided to the Customer and the rate charged shall be commensurate with the size of the container ordered. Temporary containers shall be delivered within seven (7) days. See section 2.4 for information regarding annexations. 3.3.2 Special Disabled Service. The Contractor shall provide Special Disabled Service to Residential Customers that are unable to move their containers for Solid Waste, Recyclable Materials or Yard Waste to the Curbside due to physical handicap, disability, or infirmity. The Contractor shall provide applications for Special Disabled Service to each Residential or Commercial Customer within fourteen (14) days of commencing Service and within seven (7) days of the Contractor becoming aware of any new Customers. The Contractor shall visit the residential or commercial establishment of applicants and shall screen applicants to determine legitimate need. Standards for legitimate need shall be determined by the City in consultation with the Contractor. The Contractor shall provide Special Disabled Service in cases where no employee of the Customer is physically able to move the Mobile-Cart(s) to the Curbside. In any case, the Contractor shall not be required to provide this service to more than five (5) percent of Residential and Commercial Customers. The Contractor will not be required to enter any commercial establishment in the course of providing Special Disabled Service. 3.4 Hauling and Disposal of Solid Wastes.. 3.4.1 Responsibility for Spills. The Contractor shall practice caution in the loading and transportation of Solid Wastes so that any leaking, spilling or blowing is prevented. The Contractor shall immediately, or upon notice from the City, clean up any spills. 3.4.2 Delivery to Disposal Site. The Contractor shall deliver at its cost all Solid Waste collected, except Hazardous Waste, under this Contract to the disposal sites approved by the City or designated in the King County Comprehensive Plan. The Contractor may seek adjustment in rates as a result of City designation of disposal 'sites in accordance with section 5.4. Upon request from the City, the Contractor shall furnish written evidence that it has necessary approvals and permits to utilize any site chosen for the duration of this Contract. The Contractor shall operate under applicable rules and regulations that may be a part of using such facilities for the disposal of _ Solid Waste. The Contractor shall not knowingly collect materials that violate the law or applicable Federal, State or County guidelines. 1/31/01 11:48 AM -]I- 3.4.3 Hazardous Materials. Unless otherwise agreed upon pursuant to Section 3.5.2, under no circumstances shall the Contractor knowingly deliver to King County disposal sites and County Facilities any Hazardous Waste. Because violation of this section is cause for immediate termination of the City's agreement with the County, the Contractor shall be held strictly liable for any damages caused to the City due to the knowing violation of this section. Termination of the City's agreement with the County shall not terminate the Contractor's strict liability to the City and the County for knowing violation of this section. All Solid Waste or Recyclable Materials delivered by the City through its Contractor to King County disposal or processing County Facilities shall be in compliance with the Federal Resource Conservation and Recovery Act, as amended; RCW Chapter 70.95; King County Board of Health Rules and Regulations No. VIII, as amended; and all other applicable federal, state, and local environmental and health-related laws, rules, and regulations. 3.5 Recycling and Yard Waste Collection and Processing. 3.5.1 Required Services. The Contractor shall pay all costs of processing and marketing Recyclable Materials and Yard Waste. The Contractor shall deliver collected Recyclable Materials and Yard Waste to a recycling Processor selected by the Contractor with notice to the Director. The Contractor shall keep records of the tonnage of Recyclable Materials and Yard Waste collected and shall make a monthly report of the total tonnage to the City. Consistent with the King County Solid Waste Management Plan, to the extent practicable, such reports by Contractor shall include amounts of Recyclable Materials and Yard Waste by material type. Compensation received by the Contractor for Recyclable Materials and Yard Waste shall belong to the Contractor. 3.5.2 Expanded Collection. Disposal, and Recycling. Future collection, disposal, and recycling efforts that may be implemented by the City during the Contract period include additional collection, disposal, and recycling of other Materials not previously being collected, disposed, or recycled under this Contract. Such Materials include but are not limited to dangerous and hazardous wastes, used oil, batteries, and other waste. If such materials are to be collected, disposed, or recycled, the City agrees to negotiate rates with the Contractor to cover such additional services. 3.5.3 Landfill and Incineration Prohibited. All uncontaminated Recyclable Materials and Yard Waste must be transported and delivered to a Processor as designated by the Contractor in consultation with the City. Without the express written consent of the Director, the Contractor is prohibited from landfill disposal or incineration of collected uncontaminated Recyclable Materials and Yard Waste. Violation of this provision may result in liquidated damages consistent with section 4.7.3 or may be cause for termination of this Contract. 3.5.4 Material Delivery Standards. The Contractor shall endeavor in good faith to deliver Recyclable Materials that meet industry quality standards; permitted contamination levels shall be based on current industry standard requirements and applicable Federal and State regulations and may change from time to time as market conditions change. 1/31101 11:48 AM -12- 3.5.5 Eligible Recyclable Materials. Materials to be collected include glass, cans, plastic, mixed paper, cardboard, newspaper and Yard Waste, at standards and levels of contamination determined by the Contractor and the Processor and pursuant to applicable Federal and State regulations. 3.5.6 Yard Waste. The Contractor shall provide for Yard Waste service as follows: (i) Residential. The Contractor shall collect residential Yard Waste, which shall include grass, clippings, leaves, pruning, branches (cut to less than four feet and under four inches in diameter), brush, garden material, weeds, and tree limbs (also cut to less than three feet), together with any other materials that the City and Contractor mutually determine to be recyclable and which are acceptable at the Yard Waste Processor. Materials may be bundled with cotton or other similar organic string only. Acceptable containers for Yard Waste include Garbage Cans with handles, Kraft paper bags capable of supporting their contents, or sturdy cardboard boxes capable of supporting their contents, with a capacity not exceeding thirty-two (32) gallons in volume (approximate) and weighing no more than sixty-five(65)pounds when full. (ii) Commercial. The Contractor shall provide participating Commercial Customers with a brochure outlining what Yard Waste materials are acceptable for collection and how the materials are to be prepared and placed for collection. Educational and promotional activities shall be the responsibility of the Contractor. The Contractor shall use its best efforts to make the program successful. (iii) Other. The Contractor shall dispose of Yard Waste pursuant to KCC 7.03.045 or as authorized by the Director. The Contractor shall cooperate with the City in providing Yard Waste statistics and reports as required by King County Ordinance 9928. Nothing in this section shall prohibit Customers from composting Yard Waste. 3.6 Local improvements. 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 of preventing the Contractor from traveling any accustomed collection route or routes for limited periods of time. The Contractor shall, however, by whatever method selected, continue to collect Solid Waste, Recyclable Materials, and Yard Waste to the same extent as though no interference existed upon the streets or alleys formerly traversed to the extent practicable. This shall be done without extra cost to the City. 3.7 Contractor's Office. The Contractor shall maintain an office which shall include telephones and such attendants as may be necessary to handle Customer requests for service, complaints, orders for special service or instructions from the Director. The Contractor's office shall be in operation between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. During nonbusiness hours, the Contractor shall provide a telephone response answering machine with a recording or employ an answering service. The recording or answering service shall involve a local rather than long-distance telephone call for the Customer and shall state the days and hours the Contractor is open for business. 1/31/01 11 A8 AM -13- T 3.8 Contractor's Records and Audit. 3.8.1 City Access to Contractor Records. The Contractor agrees to maintain such documents and records as required by the City with respect to hauling routes, tonnage recycled or disposed of, and related documentation and any books, documents, papers and records that are directly pertinent to performance of Work under this Contract, excluding financial information and other proprietary information, except to the extent necessary to perform and complete any audit pursuant to Section 5.6. The Contractor shall allow the City or any of its duly authorized representatives access to all such documents and records for the purpose of confirming information reportable under Section 3.8, or pursuant to an audit under Section 5.6, and at reasonable times during the term of the Contract and for two years thereafter for inspection and copying. The Contractor shall include this clause in its contracts with any and all subcontractors, such that the City shall have similar access to subcontractor documents and records. The Contractor and subcontractors shall maintain an adequate system of books and records capable of review; financial audit, as required pursuant to the provisions of this Contract; and copying in order for the City to verify the accuracy of any such records, provided, however, that the City shall not disclose information which may reasonably be construed to be confidential and if divulged may seriously jeopardize the Contractor's competitive position. 3.8.2 Compliance with Law, Documentation, Confidential Business Records. The Contractor, its officers, employees, agents and subcontractors shall comply with applicable federal, state, county, regional or local law, statutes, rules, regulations or ordinances, including those of agencies having jurisdiction over the Contractor's performance under the Contract. The City shall have the right to inspect copies of all correspondence or any other documents sent to or received from the Contractor or its subcontractors related to the Contractor's compliance with applicable law in performance of Work under this Contract, except for correspondence or other documents protected by an attorney-client privilege. The Contractor may designate documents as confidential business records. If so designated, those documents shall be inspected by an independent accountant or other third party designated by the City and approved by the Contractor, acting reasonably; the third party selected shall determine whether the documents are relevant to the Contractor's compliance with applicable law. If the third party determines that the documents are relevant, the City may inspect and copy the documents. For documents that contain both relevant and irrelevant information, the third party may delete any irrelevant information. The third party may at the Contractor's discretion be required to sign a reasonable confidentiality agreement. The requirement of this section shall survive the expiration of the Contract. All unresolved disputes arising under this section that do not rise to the level of a Category A Dispute shall be resolved in accordance with section 4.7.4. 3.8.3 Disclosure Demands. In the event of any demand or claim against the City for disclosure of the Contractor's records under Chapter 42.17 RCW, the City shall notify the Contractor. The Contractor may request nondisclosure, and the City may at its discretion tender defense of the demand or claim to the Contractor. The Contractor shall pay all costs associated with such defense, including attorney fees or other costs that may be awarded to the person seeking disclosure. 1131101 11:48 AM -14- 3.8.4 Monthly Reports. The Contractor shall furnish to the City monthly reports within thirty(30) days of the end of each month showing the number of tons of Solid Waste hauled by the Contractor to the disposal site during the previous month. Separate records showing tonnage of Recyclable Materials and Yard Waste hauled to Yard Waste Processors shall be reported to the City monthly, in accordance with section 3.5.1. Separate reports shall be submitted showing collection of Solid Waste,Recyclable Materials, and Yard Waste from City facilities. 3.8.5 Dump Receipts. The Contractor shall keep records of Solid Waste collected and charges therefor. Copies of dump receipts shall be maintained by the Contractor and provided to the City upon request. The original dump receipt shall remain in the Contractor's office as part of its permanent records. 3.8.6 Customer Count. The Contractor shall provide the City with a Customer count by the type of Customer,whether Residential or Commercial. 3.8.7 Complaint Log. A daily log of complaints shall be maintained. A copy of the complaint log and any vehicle logs shall be submitted to the City when requested, provided, however, Contractor shall provide quarterly to City a summary of the complaint log. 3.9 Contractor's Employees. 3.9.1 Demeanor. The Contractor shall require its employees to be courteous at all times. The Contractor's employees shall not use loud or profane language and shall do the Work in Residential and Commercial Areas as quietly as possible. Specific questions as to service rates or changes of existing service should be referred to the Contractor's offices and not handled by collection personnel. 3.9.2 Collection Procedures. Collection personnel, in collecting Solid Waste, Recyclable Materials, and Yard Waste shall follow the regular walks for pedestrians while on private property, returning to the street or alley after replacing the empty containers. They shall replace all container covers and close all gates opened by them. Collection personnel shall not trespass or loiter, cross property to adjoining premises, or meddle with property that does not concern them. 3.9.3 Skills. All Contractor's employees shall be competent and skilled in the performance of the Work to which they may be assigned. Failure or delay in the performance of this Contract due to the Contractor's inability to obtain employees of the number and skill required shall constitute a default of the Contract. Should an employee be deemed unsatisfactory by the City, such judgment shall be related in writing to the Contractor. The Contractor will have thirty (30) days to correct the situation to the City's satisfaction. This paragraph shall not interfere with any union contract between the Contractor and any employee or union representatives. 1131101 11:48 AM -15- 1 3.10 Contractor's Equipment. 3.10.1 Collection Vehicles. The Contractor shall provide an adequate number of Solid Waste , Recyclable Materials, and Yard Waste collection vehicles. The vehicles shall be of a type designed and manufactured for (1) the collection of Solid Waste (including the capability of servicing Mobile Cart containers), and of (2) the collection of Recyclable Materials and Yard Waste. 3.10.2 Collection Vehicle Maintenance. Collection vehicles shall be kept in good repair, appearance and sanitary condition at all times. All collection vehicles shall be thoroughly washed and cleaned at least once per week. Each collection vehicle shall have the Contractor's name and telephone number and an identifying number clearly visible on each side of each vehicle, and the identifying number on the rear. No advertising shall be permitted other than the name of the Contractor. The Contractor shall not use a firm name containing the word "City" or any other words implying municipal ownership. Areas used by the Contractor for the storing, parking or repair of collection vehicles within in the City shall be kept in a clean and orderly condition. Any equipment found not to comply with the standards delineated in this section shall be taken out of service and brought up to standards before being placed back in City service. 3.10.3 Eauinment Ownership. All vehicles, facilities, equipment and property used in the performance of this Contract shall be wholly owned by the Contractor, provided, leasing or rental agreements shall be allowed and conditional sales contracts, mortgages, or other contractual arrangements for financing the purchase of such vehicles and equipment shall be allowed. 3.11 Illeeal Weights. The Contractor shall not be required to haul detachable containers or drop boxes that are overloaded or filled to a weight which exceeds the legal weight limit. The Contractor may, at its option, require the Customer to remove the excess, or the Contractor may remove the excess itself and charge the cost of removal to the Customer. ARTICLE 4 Guarantees, Insurance and Defaults 4.1 Violation of Ordinance. The Contractor shall report in writing to the Director any observed violation of the provisions of this Contract, Kent City Code Chapter 7.03, or of other relevant city code provisions providing for and regulating the collection, removal and disposal or processing of Solid Waste and Recyclable Materials. The Director shall cause an investigation of the report and, upon receipt of the findings, take appropriate action to obtain compliance with said ordinances. 4.2 Indemnification. 4.2.1 Contractor's Indemnification of City. Except as expressly provided in this section, the Contractor shall at all times during the term of the Contract indemnify, hold harmless 1/31/O1 11:48 AM -16- and defend the City, its elected officials, officers, employees, agents and representatives from and against any and all losses, damages, costs, charges, expenses,judgments and liabilities, including attorney fees (collectively, "losses"), directly or indirectly resulting from, arising out of, or related to any occurrence, conduct, or operation ,including, but limited to, negligent or willful misconduct of or by the Contractor in performing Work under this Contract, including but not limited to one or more claims described in section 4.2.2. The indemnity provided in this section shall not apply to losses to the extent attributable to the negligence or intentional acts of the City, its agents or employees. 4.2.2 Claims Subiect to Indemnification. The term "claims" as used in this section means all claims, lawsuits, causes of action, damages, penalties, charges, judgments, losses, liabilities of any character or kind and other legal actions and proceedings of any nature, whether or not asserted in a judicial forum, including but not limited to claims, lawsuits, causes of action, and other legal actions and proceedings involving bodily or personal injury or death of any person or damage to any property(including but not limited to persons employed by the City, the Contractor or any other person and all property owned or claimed by the City, the Contractor, any affiliate of the Contractor or any other person)that are in any way connected with: a. The performance or nonperformance of any provision or requirement of the Contract by the Contractor, its officers, employees, subcontractors, agents or servants; b. Any act or omission of the Contractor, its officers, employees, subcontractors, agents or servants at any of the County Facilities; or C. The failure of the Contractor, its officers, employees, subcontractors, agents or servants to comply in any respect with the provisions and requirements of all applicable permits, licenses, laws, statutes, regulations, ordinances, codes, orders and all other legal requirements of federal, state, regional, County and local government entities and agencies having jurisdiction over the County Facilities or relevant activities of the Contractor. 4.2.3 City Liability to Contractor. The City shall not be liable to the Contractor for, and the Contractor hereby releases the City from, all liability for any injuries, damages or destruction to all or a part of any property owned or claimed by the Contractor that directly or indirectly results from, arises out of or is related to the Services under this Contract, except to the extent that liability as between the City and the Contractor arises from the negligence or intentional acts of the City, its agents or employees. 4.2.4 Notice to Contractor: Defense. In the event an action is brought against the City for which indemnity may be sought against the Contractor, the City shall promptly notify the Contractor in writing. The Contractor shall have the right to assume the investigation and defense, including the employment of counsel and the payment of all expenses. On demand of the City, the Contractor shall at its own cost and expense defend, and provide qualified attorneys acceptable to the City under service contracts acceptable to the City to defend, the City, its officers, employees, agents and servants against any claim in any way connected with the events described in section 4.2.2. 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. 1/31ro1 11:48AM -17- 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. 4.2.5 Applicability of RCW 4.24.115. If a court of competent jurisdiction determines that the Contract is subject to RCW 4.24.115, the Contractor's liability to indemnify the City for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of the Contractor and the City shall be limited to the Contractor's negligence. 4.2.6 Indemnification for Claims of Contractor's Employees. It is further specifically and expressly understood that the indemnification provided in this section extends to suits against the City for injuries sustained by any person directly or indirectly employed by the Contractor. However, the City shall assert in any claim made by a person employed by the Contractor that the employee's remedy is limited to that provided under applicable workers' compensation statutes. 4.2.7 Royalties, License Fees, Patents. The Contractor shall pay all royalties and license fees, shall defend all suits or claims or any patent infringements that may occur in the performance of the Contract and shall hold the City harmless from any loss on account thereof. 4.2.8 No Indemnity Waiver. With respect to claims against the City, its officers, agents and employees, by an employee of the Contractor for any injury, sickness or death suffered by the employee which is caused by or arises out of the Contractor's exercise of rights or privileges granted by this Contract, Contractor agrees that it will not rely on its immunity under industrial insurance,Title 51 RCW, as a release or as ground for avoiding the Contractor's obligations to hold harmless, indemnify and defend the City as provided for in this section, and agrees to waive such immunity. This waiver is mutually agreed to by the parties. The provisions of this section shall survive termination or expiration of the Contract. 4.2.9 Indemnification Surviving Termination. The indemnification provisions of section 4.2 shall survive termination of this Contract. 4.3 Damage to Property. 4.3.1 If any City property of any kind is damaged by reason of the Contractor's operations under this Contract, the Contractor shall repair or replace the same after being notified in writing of the damages, or if the Contractor fails to do so promptly, the City may cause repairs or replacements to be made, and the cost of doing so shall be paid by the Contractor to the City. 4.3.2 The City shall not be liable to the Contractor for any loss or damage, except to the extent of any loss or damage occurring as a result of the negligence or willful misconduct of the City, its elected officials, officers, employees or agents. 1/31/01 11:48 AM -18- 4.3.3 The Contractor shall not be liable to the City or any other person for the damage done to privately owned Solid Waste or Recyclable Materials containers other than loss or damage occurring directly as a result of negligence or carelessness of the Contractor, its employees or agents. 4.4 Liability Insurance. 4.4.1 General Requirements. The Contractor at its own expense shall provide and maintain in full force and effect during the entire term of this Contract, or any renewal thereof, a policy providing for a limit of not less than $1,000,000 combined single limit bodily injury and property damage liability, including auto liability and contractors' liability. The Contractor must also provide evidence of workers' compensation insurance. The certificate of such insurance shall be filed with the City Clerk prior to the execution of this Contract and shall provide for thirty (30) days' written notice to the City of any cancellations or lapse of such policy. Coverage shall not be reduced below the limits set forth in section 4.4.3. The Contractor shall furnish the City with a certificate of insurance naming the City, its elected and appointed officials, agents and employees, as additional insureds with respect to the Contract. In the event that the City awards other Contract elements to Contractor, no additional liability insurance amount will be required. 4.4.2 Coverages of Liability Policy. The liability insurance policy and an endorsement thereto, as evidenced by the certificate of insurance, shall provide the following minimum coverages and limits and contain the following provisions: Extended Bodily Injury Employees as Additional Insureds Premises/Operations Liability(M&C) Owners' and Contractors' Protective Liability Products and Completed Operations Liability Blanket Contractual Liability Broad Form Property Damage Liability(including completed operations) Personal Injury coverage A, B and C with no employee exclusion Stop Gap or Employers' Contingent Liability Automobile Liability, incl. coverage for owned, non-owned, leased or hired vehicles Explosion, Collapse,Underground damage (referred to as "X.C.U.") 4.4.3 Minimum Limits. All coverages shall be $1,000,000 per occurrence, provided that coverage in this stated amount shall not be construed to relieve the Contractor from liability in excess of such limits. The City shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. The Contractor shall assess its own risks and, if it deems appropriate and prudent, maintain greater limits. 1/31ro1 11:48AM -19- 4.4.4 Required Endorsements. The Certificate of Insurance shall include the following endorsement for additional insureds: The City of Kent is named additional insureds for all coverages provided by this policy of insurance and shall be fully and completely protected to the full extent of coverage of the policy from all claims and risks by this policy and for any and every injury, death, damage and/or loss of any sort whatsoever, including consequential damages sustained by any person, organization or corporation in connection with any activity performed by the Contractor under the provisions of that Contract between the City of Kent and Waste Management of Washington, Inc., d/b/a Tri-Star Disposal entitled Solid Waste Collection and Disposal, Recycling and Processing Contract, April 1, 2001, to March 31, 2011. The coverage shall contain no special limitations on the scope of protection afforded to the City(as defined in that Contract), its officials, employees or volunteers. The coverages provided by this policy to the City or any other named insured shall not be terminated, lapse, or be reduced in any respect without providing at least thirty (30) calendar days prior written notice by certified mail to the Director of Public Works, City of Kent, City Hall, 220 Fourth Avenue South, Kent, Washington 98032. The coverages provided by this policy shall be primary to any insurance maintained by the City of Kent. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance and shall not contribute with it." 4.4.5 ACORD Form. If an "ACORD" form of Certificate of Insurance is provided to the City pursuant to this section, it must be modified in the following manner: The following wording at top of the ACORD Form shall be deleted in its entirety: "This Certificate is issued as a matter of information only and confers no right upon the certificate holder." Wording at bottom of the ACORD Form that states, "Should any of the above- described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail _ days written notice to the below Certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company," shall be changed to read: "Should any of the above-described policies be canceled, lapse, or be reduced as to coverage before the expiration date thereof, the issuing company shall mail thirty (30) calendar days' prior written notice to the below-named Certificate holder and Additional Insureds, the City of Kent, by certified mail." 4.4.6 Compliance Required. Failure of the Contractor to maintain any and all of the terms of the foregoing insurance provisions shall be considered a "Category A Default" in 1/31/01 11:48 AM -20- accordance with section 4.7.1 of this Contract and cause for immediate termination at any time at the option of the City. 4.5 Payment of Claims. 4.5.1 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 and further agrees to comply with all the provisions of federal, state, County and City laws and ordinances affecting, directly or indirectly, the subject matter of this Contract. 4.5.2 The Contractor shall provide for the prompt and efficient handling of all complaints and claims arising out of the operations of the Contractor under this Contract. The Contractor agrees that all such complaints and claims, whether processed by the Contractor or Contractor's insurer, either directly or by means of an agent, will be administered to and resolved by a person with a permanent office in the Kent-Seattle area. 4.6 Liens. 4.6.1 Authority. This Contract is in furtherance of and consistent with the City's authority under the Washington State Constitution, Chapters 35A.80, 35.21 and 35.67 RCW, and Kent City Code ("KCC") section 7.03.110. Uniformity of Solid Waste handling services, and collection of accounts for such services, is in the public interest and in the interest of the City's Solid Waste Utility. In order that the Contractor shall not be inconvenienced, or that Customers of the Contractor bear costs of the noncompliance of other Customers, KCC section 7.03.110 provides for the enforcement and collection of liens for delinquent accounts of the Contractor. KCC section 7.03.110 includes but is not limited to those rights provided in RCW 35.21.140 and RCW 35.21.150. 4.6.2 Procedure. Upon a Customer's failure to pay charges for Solid Waste collection and disposal and/or Recyclable Materials collection and processing within the time provided for in invoices issued by the Contractor, the amount thereof shall become a lien against the property for which the Solid Waste and/or Recyclable Materials collection services are rendered. The Contractor shall, within ninety (90) days of the date services were rendered or the end of the period covered by the charges, file with the County Auditor in accordance with RCW 35.21.140 a Notice of Lien in writing, identifying the delinquent account Customer, the charges due, the period covered by the charges and the legal description of the premises sought to be charged. The Contractor shall have eight (8) months from the time of filing the Notice of Lien to bring an action to foreclose the lien, in the manner and within the time prescribed in RCW 35.21.140. Prior to initiating foreclosure proceedings, the Contractor shall submit the Notice of Lien to the City Attorney for review and written approval authorizing the Contractor to commence foreclosure proceedings. The City reserves the right to prosecute the lien procedures provided for in this section, and all costs incurred by the City shall be the obligation of the Contractor. — 4.6.3 Lien Foreclosure-Indemnification. The City makes no representations or warranties as to the validity of the authority granted to the Contractor to implement lien procedures 1/31/01 11:48 AM -21- under this section. In exercising the authority granted in this section, the Contractor acknowledges that it is fully responsible for all procedures related to the filing and foreclosing of liens. In exercising this authority, the Contractor acts at its own risk and accepts full responsibility for all proceedings and actions taken. The City is separately and specifically indemnified and held harmless by the Contractor from any actions by the Contractor arising under this section, in addition to the indemnification rights set forth in section 4.2. This indemnification provision shall survive termination of this Contract. 4.7 Default: Failure to Perform Contractual Obli atg ions. 4.7.1 Contractor Default. In addition to any rights set out elsewhere in this Contract, the City reserves the right to declare the Contractor to be in default of this Contract and all of Contractor's rights thereunder. There shall be two (2) categories of default by the Contractor in its performance under this Contract: a. Category A Default. Each of the following shall constitute a Category A Default under this Contract: (i) Failure to commence the collection of Solid Waste and/or Recyclable Materials or failure to provide a substantial portion of Service under this Contract for a period of more than five(5) days; (ii) Failure to obtain and/or maintain any permit required by the City or any federal, state or other regulatory body as required under this Contract; (iii) Failure to procure and/or maintain liability insurance as required under section 4.4; (iv) Failure to maintain accurate records and failure to provide the City with reasonable access to records in accordance with section 3.8; (v) Failure to implement and/or maintain the nondiscrimination standards as provided in section 6.11; (vi) Failure to implement and/or maintain the nonassignment provisions of section 6.2.1; (vii) Failure to implement and/or maintain the change in control standards of section 6.2.2; (viii) Failure to indemnify the City as provided in section 4.2; (ix) Failure to comply with applicable laws in accordance with section 3.8.2; 1/31/01 11:48 AM -22- (x) Failure to comply with Solid Waste or Recyclable Materials standards, thereby creating a hazard to public health or safety; and/or (xi) Failure to cease repeated or persistent Category B Defaults. b. Category B Default. All acts or omissions described under section 4.7.3 involving Liquidated Damages shall constitute a Category B Default. Disputes involving Category B Defaults shall be resolved in accordance with the Dispute Resolution provisions of section 4.7.4. 4.7.2 Consequences of Category A Default. In the event of a Category A Default, and absent a justification acceptable to the City, the City shall give the Contractor thirty (30) days' prior written notice of its intent to exercise its rights under this section, stating the reasons for such action. If the Contractor cures the stated reason within the thirty (30) day period, or if the Contractor initiates efforts satisfactory to the City to remedy the stated reason and the efforts continue in good faith, the City shall not exercise its rights under this section for the particular incident. If the Contractor fails to cure the stated reason within the thirty(30) day notice period, or if the Contractor does not undertake efforts satisfactory to the City to remedy the stated reason, the City may exercise its police authority and all other authority set forth in this section. The City may then notify the Contractor, declare a Category A Default of this Contract and order the Contractor to discontinue any further Service thereunder, and a copy of that notice shall be sent to the Contractor. Upon receipt of such notice, Contractor shall promptly discontinue the Work. The City shall then have the right to take other action it deems advisable. The City shall be entitled to recover from the Contractor as damages all expenses incurred, including reasonable attorney fees, together with all such additional sums as may be necessary to complete the Work, together with any further damages sustained or to be sustained by the City. In the event of a Category A Default or repeated or persistent Category B Defaults, the City may at its sole option pursue any or all of the following: a. Be released from its obligations under this Contract and use any other method or person to perform those Services; b. Seek the judicial remedy of specific performance; C. Pursue any other remedy available at law or equity. 4.7.3 Categoryy B Default; Liquidated Damages. The following acts or omissions shall be considered a Category B Default by the Contractor. Because a breach of the Services provided for within the Contract would cause serious and substantial damages to the City and its occupants, and the nature of the Contract would render it impracticable or extremely difficult to fix the actual damage sustained by the City by such breach, the Contractor agrees that in case of breach 1131101 11 A8 AM -23- of Service, the City may elect to collect liquidated damages for each such breach, and the -- Contractor will pay to the City, as liquidated damages and not as a penalty, the amounts set forth below, such sums being agreed as the amount for which the City will be damaged by breach of such Service. Each collection vehicle on each route shall be considered a separate incident. All damages are subject to annual adjustment in the same percentage as the adjustments in rates under section 5.3. Such liquidated damages as the City shall elect to collect will be paid by the Contractor upon thirty (30) days' notice from the City. Violations of any specifications in this Contract shall be subject to a fine of $50 per occurrence unless otherwise indicated. Act or Omission Liquidated Damages 1. Any collection vehicle beginning Residential $75 per occurrence. or Commercial collection prior to the time designated under section 3.1.2. 2. Failure of Contractor to maintain $100 per occurrence. clean and sanitary vehicles and Contractor Facilities consistent with section 3.11.2. 3. Same Customer pickup missed three $100. (3)times in a six-month period through no fault of the Customer. 4. More than three (3)verified $150. complaints in a six-month period from the same Customer for failure to replace cans or containers in designated locations, spilling,not closing gate, crossing planted areas, or similar violations. 5. Failure to comply with the Holiday $150. Schedule of section 3.1.4. 6. Failure of Contractor to collect $200 after 24 hours; a missed pickup within 24 hours of $400 after 48 hours; notification, provided the miss was $200 for each reported within 48 hours of the miss additional 24 hours. (weekends excepted). 1/31/01 11:48 AM -24- 7. Knowing misrepresentation by $500 per incident. Contractor in records or failure to provide records in accordance with section 3.8. 8. Landfilling or burning uncontaminated $1,000 per vehicle, Recyclable Materials without per incident. written permission from the City. 9. Failure to attach a correction tag $10 per incident, notice on noncollected materials to a maximum of$100 or failure to notify the City per truck per day. consistent with section 3.1.6. 10. Failure to collect spillage caused Twice the cost of by Contractor consistent with cleanup to City. section 3.4.1. 11. Failure to deliver Mobile Cart $10 per incident per Solid Waste containers, Recyclable area for first week; _ Materials, and Yard Waste containers to new $50 per incident per Customers consistent with area for second week; section 3.3.1. $100 per incident per area for third and each successive week. 12. Collection from premises on days $25 per incident, to other than previously specified or a maximum of$250 per authorized by the Director(except truck per day. for collection misses or for inclement weather determinations under section 3.1.5). 13. Failure to submit required $100 per day until section 3.8.4 reports on time. report received,plus withholding of any unit price tipping fees due. 14. Failure of Contractor to provide $100 per day. or maintain adequate insurance in the types or amounts required by section 4.4. 1/31/01 11:48 AM - -25- Nothing in this section shall be construed as providing an exclusive list of the acts or omissions of the Contractor that shall be considered Category B Defaults of the Contract, and the City reserves the right to exercise any and all remedies that it may have with respect to these and other defaults, violations and breaches. Liquidated damages may be levied if documented in an incident report presented by the City to the Contractor. The City reserves the right to make periodic, unscheduled inspection visits to determine the Contractor's compliance with the Contract terms. Any liquidated damages may be appealed by the Contractor to the Director; disagreements will be subject to the Dispute Resolution provisions provided in section 4.7.4. 4.7.4 Dispute Resolution. All claims, controversies, disputes and other matters in question arising out of or relating to a Category B Default ("claim(s)") under this Contract shall, in the first instance, be the subject of a meeting between the parties to negotiate a resolution of the Category B Default. If within fifteen (15) days after the meeting, the parties are unable to settle any dispute, difference or claim arising from the parties'performance of this Contract, the exclusive means of resolving that dispute, difference or claim, shall only be filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court located in Kent, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'performance of this Contract, each party shall pay its legal costs and attorneys fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 4.2 of this Contract. This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 4.7.5 Enforcement of Contract. In the event of dispute or litigation under a claimed Category A Default under this Contract, the City and the Contractor each shall bear its own attorney fees, costs and expenses. 4.7.6 Right to Require Performance. The failure of the City at any time to require performance by the Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Waiver by the City or any breach of any provision hereof shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any portion itself. 4.7.7 Interruption of Contract Services. Notwithstanding the provisions of this section, a delay or interruption in the performance of all or any part of the Contract resulting from causes beyond the Contractor's control shall not alone be deemed to be a default of the Contract, and the rights and remedies of the City provided for herein shall be inapplicable. 4.8 Bankruptcy. If the Contractor is adjudicated bankrupt, either voluntarily or involuntarily, this Contract, at the option of the City, may be terminated effective on the day and at the time the bankruptcy petition is filed. 1/31/01 11:48 AM -26- 4.9 Force Majeure. 4.9.1 Except as may be otherwise expressly provided herein, no Party will be liable to the other for any delay in, or failure of, performance of any of its obligations hereunder where performance of such obligations is prevented or delayed by acts of God (except normal weather conditions for the Kent-Seattle area), fire, explosion, accident, flood, epidemic, war, riot, rebellion, or interruption or rationing of fuel supply. No other acts or occurrences shall be considered as uncontrollable circumstances relieving the parties of their obligations hereunder. 4.9.2 a. A strike or other labor dispute not involving Contractor's employees, preventing Contractor's performance under this Contract, shall also be considered an incident of force majeure under this section 4.9. b. In the event of strike or labor dispute involving Contractor's employees, the City and Contractor shall meet to determine the appropriate manner of continuing public service under the Contract. While not relieving Contractor of obligations under the Contract, the City shall cooperate with Contractor in providing for the continuation of services in the interest of public health and safety. ARTICLE 5 Rates and Adjustments 5.1 Commercial Rates. In order to insure rate parity and consistency to all commercial accounts in the City, the rates in existence immediately preceding the execution of this Contract for commercial service for the Contractor and for Kent-Meridian Disposal shall be added together and divided by two (2) and the resulting average set forth in Appendix C shall be the rate charged by the Contractor during the term of this Contract. 5.2 Residential Rates. Rates set forth in the attached Appendix D, shall remain in effect until such time as rate adjustments are approved by the City, provided, however, Contractor shall continue to maintain a lifeline rate for qualifying Customers, subject to Contractor's rights under section 5.4. Pursuant to City of Kent Resolution No. 980, the lifeline rate currently provides reduced utility rates for individuals sixty-two (62) years of age and older who have combined disposable household annual income of$30,000.00 or less. 5.3 Residential and Commercial Rate Adjustments (CPI). Rate adjustments shall not become effective until approved by the City. Beginning with year two of this Contract, rates and charges shall be increased or decreased annually effective the 1st day of April of each year by taking the fees in effect during the March of each year and adjusting such fee by eighty percent (80%) of the percentage change in the Consumer Price Index ("CPI") (wage earners and clerical workers — CPI-W) for the Seattle area published by the Bureau of Labor Statistics based upon the total price index change for all items as compared to the preceding twelve (12) months (January to December); 1131101 11:48 AM -27- Contractor shall give notice to City no later than February 1 or the date of publication of the CPI, whichever is later, of each year of proposed changes in rates and charges. Contractor may seek City approval of one additional rate adjustment in any 12- month period (April to March) if in any consecutive six months during that period increase in the CPI is greater than six (6)percent. 5.4 Residential and Commercial Rate Adjustments — (other). Contractor's rate adjustments for services for: a. Any increase to dump fee costs not associated with a change in CPI; and b. Unusual costs, such as changes in law, shall be deemed approved by City if sixty (60) days following written notice by Contractor of the rate adjustment, the City does not elect, by written notice to Contractor, to review the proposed adjustment, provided, Contractor's time for written notice and effective date of rate adjustment may be reduced if notice of dump fee or unusual costs is not received by Contractor from King County or other disposal site, or regulatory agency, sixty (60) days prior to the effective date of the cost change, provided, further, the Contractor's implementation of such rate adjustment with less than sixty (60) days notice shall be subject at City option to subsequent rate audit under section 5.6. Contractor's notice to City shall include detailed bases for the proposed adjustment, including information concerning the Contractor's allocation of costs of service (e.g., transportation, disposal) within present and proposed rates. —. C. In addition to rate adjustments under subsections (a) and (b), Contractor may petition for rate adjustments to reflect justified increases in operating expenses, not associated with changes under subsections (a) and (b). Such request shall be limited to once per year (January to December). 5.5 Approval and Effective Date. Contractor's request for proposed rate adjustment shall not be unreasonably denied. The effective date of the rate adjustment shall be the date of notice to the City requesting the proposed rate adjustment or the effective date of the increased cost to the Contractor, whichever is later. 5.6 Rate Audit. In the event of dispute involving rate adjustments under sections 5.3, 5.4, and 5.5: 5.6.1 Contractor's proposal shall be submitted for independent audit and review; and 5.6.2 The auditor shall be selected by mutual agreement of City and Contractor. The Costs of the audit will be the responsibility of the Contractor. If the audit indicates a rate adjustment is justified, approval of the adjustment by the City shall not be unreasonably denied. The audit shall be completed within thirty(30) days. vivo) 11:48 AM -28- 5.6.3 All unresolved disputes arising under this section shall be resolved in accordance with section 4.7.4 5.7 Dump Fees. The rate for dump fees shall be those fees established by King County for disposal of municipal solid waste collected under this Contract. 5.8 Billing and Payment. Billing and payment shall be in accordance with the WUTC guidelines with respect to such. 5.9 Collection. The Contractor shall have all right to and responsibility for collection of accounts for charges and Services to Customers under this Contract. 5.10 City Fees or Taxes. The City currently levies a tax on Contractor's Services, and such tax is reflected in billings to Customers. If during the term of this Contract, the City levies or imposes an additional or increased fee and/or tax on Contractor's Services hereunder, Contractor shall have the right to make adjustments in rates consistent with this section. ARTICLE 6 Miscellaneous Provisions 6.1 Independent Contractor. 6.1.1 Contractor as Independent Contractor. The parties intend that an independent contractor-employer relationship will be created by this Contract. As Contractor is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub-contractor of Contractor shall be or shall be deemed to be the employee, agent, representative or sub-contractor of the City. In the performance of the work, Contractor is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Contract. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives, or sub-contractors of the Contractor. Contractor will be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees,representatives and sub-contractors during the performance of this Contract. 6.1.2 Contractor's Control of Project. The Contractor shall have the exclusive right to control the Services and Work performed under the Contract and the persons performing those Services and Work. The Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. Nothing in the Contract creates or shall be construed to create a partnership or joint venture between the City and the Contractor and nothing in the Contract shall be construed as giving the City a duty to supervise or control the acts or omissions of any person performing Services or Work under the Contract. 1/31101 11:48AM -29- 6.2 Assignment. 6.2.1 Nonassignment of the Contract. The Contract or any interest therein or part thereof shall not be assigned, whether by operation of law or otherwise, nor shall any part thereof be subcontracted without the prior written consent of the City first having been obtained, which consent shall not be unreasonably withheld. The City reserves the right to cancel or terminate the Contract at any time in case the Contractor fails to obtain City approval. 6.2.2 Change in Control. Any change in control or the transfer of a controlling interest in the ownership of the Contractor shall constitute a default under the terms of the Contract, unless the City consents to that transfer which consent shall not be unreasonably withheld. "The transfer of a controlling interest of Contractor" shall include but is not limited to the transfer of fifty(50) percent or more of the voting stock or the ownership of the Contractor to or from a single entity, unless the City, at the Contractor's request, approves that transfer in writing. However, 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 as of April 1, 2001, shall not be construed as the transfer of a controlling interest of the Contractor. If the City determines that the new ownership can adequately and faithfully render the service required in the Contract for the remaining term of the Contract, the City may elect to execute a novation, allowing the new ownership to assume the rights and duties of the Contract and release the previous ownership of all obligation and liability. The new ownership would then be solely liable for any work and/or claims related to the Contract. The term "transfer" includes a sale, merger, or change in ownership by operation of law, the issuance of new shares, or conversion of shares without voting rights to voting shares. "Voting stock"means the shares entitled to vote for election of the directors of the corporation. 6.2.3 Binding Effect. The Contract shall be binding on any and all successors or assignees of the Contractor or the City in accordance with this Article. 6.3 Applicable Law. The Contract is made in and shall be construed under the laws of the State of Washington. 6.4 Quality of Performance. The Contractor and its officers, employees, agents and subcontractors shall perform every act or service to be performed under the Contract in a skillful and competent manner in accordance with the highest standards of the Solid Waste collection, transportation and recycling industries. The Contractor shall be responsible to the City for any errors, deficiencies or failures to perform the Contract. 6.5 Contract. 6.5.1 Meaning of Contract Terms. The meaning of terms and words herein shall be as defined in Kent City Code ("KCC") Chapter 7.03. Terms and words regarding Commercial Recycling shall have the meanings set forth in King County Code §§ 10.18.010-.100. Unless otherwise specifically defined as provided herein, words describing materials or work that have a 1/31/01 11:48 AM -30- well-known technical or trade meaning shall be construed in accordance with the well-known meaning generally recognized by solid waste and recycling professionals, engineers and trades. 6.5.2 Definitions Defined in RCW 70.95 and WAC 173-304. Definitions of capacity savings, collections savings, disposal savings, energy recovery, environmental savings, functional standards, landfill, solid waste, tipping fee, volume reduction, waste recycling, and waste reduction referred to in this Contract are defined in the Washington State Solid Waste Management Recovery and Recycling Act, Chapter 70.95 RCW, and regulations promulgated by the Department of Ecology at Chapter 173-304 WAC, and are incorporated herein by this reference. 6.5.3 Conflictinp, Definitions. In the event that definitions contained in this Contract conflict with Kent City Code Chapter 7.03, the provisions of Kent City Code Chapter 7.03 shall apply. 6.5.4 Amendments to Referenced Citations. It is acknowledged and understood that Chapter 173-304 WAC may be recodified in the near future. Accordingly, it is agreed that all references to citations of the Revised Code of Washington, Washington Administrative Code, and the Kent City Code, or ordinances and resolutions of the City of Kent, shall mean the citations as currently enacted and as hereinafter amended or recodified. _ 6.5.5 Entire Contract. This Contract and the Appendices attached hereto contain the entire Contract between the Parties as to the matters contained herein. Any oral representations or modifications concerning this Contract shall be of no force and effect. Each of the Parties acknowledges and represents to the other Parties that it is executing this Contract solely in reliance upon its own judgment and knowledge and that of its counsel, and that it is not executing this Contract based upon any representation or covenant of any other Party, or anyone acting on such Party's behalf, except as expressly stated herein. 6.5.6 Amendment. This Contract may be modified or amended only by a written Contract duly executed hereto by authorized representatives of the Contractor and the City. 6.5.7 Successors. This Contract shall inure to the benefit of and shall be binding on the Parties,their successors and assigns. 6.6 Intent of Contract Documents. 6.6.1 Comprehensive Contract. All Services that are necessary to complete and carry out the Contract requirements as provided herein shall be considered the Services to be performed by the Contractor without extra compensation unless otherwise expressly stated. 6.6.2 Comprehensive Services. Unless expressly agreed otherwise, the Contractor shall provide and pay for all collection, transfer, transport and disposal site access, services, operation, labor, overtime labor, standby labor, methods, materials, equipment, transportation, power, fuel, water, taxes and all other Contractor Facilities and Services of any kind necessary to perform under the Contract. 1/31/01 11:48 AM -31- 6.6.3 No Waiver of Governmental Powers. It is understood and agreed that, by execution of the Contract,the City does not waive or surrender any of its governmental powers. 6.7 Facilities and Personnel. The Contractor warrants that the Contractor Facilities and personnel used in the performance of the Contract shall conform to the requirements of the Contract and the design, operation and training requirements of the Contract and applicable law. 6.8 Time of the Essence. Time limits stated in the Contract are of the essence. No waiver of the Contract time limits or schedule dates is to be implied from any Party's failure to object to untimely performance under the Contract. Any waiver of time limits or schedules shall not be construed as a waiver of any future time limits or schedules. 6.9 Payment of Subcontractors and Agents. Unless a reasonable dispute exists concerning payment, the Contractor shall promptly pay all subcontractors, materialmen, suppliers or laborers engaged for purposes of the Contract in accordance with the contract or agreement between that person and the Contractor. The Contractor agrees promptly to remove, have removed or bond in accordance with Washington law any liens or encumbrances that, because of any act or default of the Contractor, its officers, employees, agents, subcontractors, sub-subcontractors, material suppliers or County Facility owners, are filed against a County Facility or against any real or personal property required to fully perform the Contract. If the Contractor does not promptly pay all subcontractors, materialmen, suppliers, or laborers in accordance with this section, the Contractor agrees to defend, indemnify and hold the City harmless in accordance with Article 4. 6.10 Third-Party Beneficiaries. The Contract is entered into by the City in its governmental capacity and is not intended to nor does it create any third-party beneficiary or other rights in any private person. The Contract does create certain rights in the City with respect to the Contractor; those rights may be exercised only by and through the City. 6.11 Personnel Practices: Nondiscrimination. The Contractor shall 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 nondisqualifying sensory, mental or physical disability, unless based on a bona fide occupational qualification. The Contractor shall take affirmative action to ensure that applicants are selected for employment and that employees are treated during employment without regard to their creed, religion, race, color, sex, national origin, or the presence of any nondisqualifying sensory, mental or physical disability. 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 shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Director setting forth the provisions of this nondiscrimination clause. The Contractor understands and agrees that if it violates this nondiscrimination 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 1/31/01 11:48AM -32- satisfactorily to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. Prior to any action on any claimed violation of this provision, Contractor shall be entitled to notice of the alleged violation and a period of thirty (30) days to respond and/or correct any deficiency. 6.12 OSHA/WISHA. The Contractor must comply with the requirements 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. The Contractor shall indemnify and hold harmless the City from all damages assessed for the Contractor's failure to comply with the Acts and standards issued thereunder. The Contractor shall meet all pertinent local, state, and federal health and environmental regulations and standards applying to the operation of all Contractor Facilities, Work and Services under this Contract. 6.13 Contract Administration,• Notices. 6.13.1 City of Kent Representative. This Contract shall be administered by the City of Kent Department of Public Works. The City's designated representative for purposes of this Contract shall be: Director of Public Works _ Kent City Hall 220 -4th Avenue South Kent, Washington 98032 (206) 859-3383 6.13.2 Contractor's Representative. The Contractor shall designate and provide the services of a competent representative for the term of the Contract. The Contractor's representative shall be the Contractor's agent and shall represent the Contractor for all purposes under the Contract. All directions, instructions or notices given by the City to that representative shall bind the Contractor as if delivered to the Contractor personally. The representative shall have authority to act on behalf of the Contractor; the statements, representations, actions and commitments of the Contractor's representatives shall fully bind the Contractor. The Contractor's designated representative shall be: Dan Bridges Waste Management of Washington, Inc., d/b/a Tri-Star Disposal P. O. Box 1877 Auburn, Washington 98071 (253) 333-3478 6.13.3 Notices. The City or the Contractor may change its designated representative at any time by written notice. Notices required pursuant to this Contract shall be hand delivered, telefaxed, or sent by registered mail or by private independent courier. Any written notice under the Contract shall be deemed served when delivered in person to the person to whom 1/31/01 11,48 AM -33- it was intended, or if sent by registered mail,return receipt requested, when mailed to that person at the contact person's address. The date or time of service shall be the date or time the relevant document was mailed to or personally delivered at the designated representative's address. Either Party shall have the right to designate a new address for the receipt of notices by giving written notice as herein provided,but notwithstanding the foregoing, such notice of a new address shall not be effective until actually received by the other Parties. 6.14 Taxes, Permits and Fees. 6.14.1 Contractor's Permits and Licenses. The Contractor shall obtain at its own expense all permits and licenses required by the City or any other governmental authority and maintain the same in full force and effect during the term of this Contract. The Contractor shall pay promptly and before delinquency any and all taxes, fees and charges of every type required by law and, upon request by the City, shall furnish evidence of such timely payment. 6.14.2 Other Taxes. The Contractor shall be solely responsible for all taxes, fees and charges incurred, including but not limited to license fees; all federal, state, regional, county and local taxes and fees, including but not limited to 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 Contract; business and occupation taxes; workers' compensation and unemployment benefits. The extent, if any, to which the Contractor will be permitted to adjust rates for cost increases due to the imposition of or increase in the rate of taxes, fees, or surcharges is set forth in Article 5. Fees or taxes imposed as an administrative fee or -- surcharge on the collection of Solid Waste shall give rise to adjustment discussions as provided for in sections 5.4. 6.15 Fines; Penalties. The Contractor shall be liable for all fines or penalties imposed by any government agency for Contractor - caused violations of permits, licenses, certificates, laws or regulations; the City shall not be liable for and shall not reimburse the Contractor through a rate increase or otherwise for any fine or penalty imposed. The Contractor reserves the right to contest any fine or penalty in administrative proceedings or in court prior to its payment. 6.16 Dissolution of the City and Successor to the City. In the event that the City is dissolved or its Solid Waste or Recyclable Materials functions and powers relative to the Contract are taken from the City by legislative act or referendum of the people, all of the duties, rights and remedies of the City under the Contract shall remain in full force and effect and shall be transferred to either: (1) the successor to the City as specified by the legislative act or referendum by which the City is dissolved; or (2) if no successor to the City is specified by the relevant legislation or referendum, the State of Washington; however, the Contractor may terminate its obligations under the Contract if the State of Washington does not agree to be bound by the provisions of the Contract. 6.17 No Personal Liability. The Contract is not intended to and shall not be construed to create or result in any personal liability for any public official or City employee or agent. 1131101 11:48 AM -34- 6.18 Severability. If any Contract provision is declared void, invalid or unenforceable under any applicable law, the remaining provisions of the Contract shall remain in full force and effect and shall bind the Parties. 6.19 Waivers. The City's or Contractor's failure to object to a breach of any Contract provision is not and shall not be construed as a waiver of those provisions. The payment or acceptance of compensation subsequent to any breach is not and shall not be construed as an acceptance of that breach. All waivers must be in writing and supported by consideration. 6.20 Disagreements. Any dispute that cannot otherwise be resolved between the Parties during the term of this Contract shall be subject to the dispute resolution provisions of section 4.7.5. 6.21 Governmental Authority. Nothing in this Contract shall prevent or limit the City's exercise of its police power,power of eminent domain, or other governmental authority. EXECUTED on the day and year first hereinabove written. CITY OF KENT By: Print Name: Jim White Title: Mayor Date: WASTE MANAGEMENT OF WASHINGTON, INC. d/b/a TRI-STAR DISPOSAL, a Delaware Corporation By: Print Name: Title: Date: Approved as to Form: Roger A. Lubovich,City Attorney r c..amtaq�uemnrv...rr..o�es.a�.rrmKruw.aa 1/31/01 11:48 AM -35- APPENDIX "A" Legal Description for Core Area Garbage Collection Service beginning at the comer of S. 192"d Street and 84'h Avenue S. (NE corner of Section 1, Township ("T") 22 N, Range ("R") 4 E, WM)1; thence south on the center line of 84d Avenue S. to the intersection of S. 2281h Street;thence east to the east line of the W %z of the NW '/4 of Section 18, T 22 N, R 5 E, WM; thence south along said east line to its intersection with Hazel Avenue/Statson Avenue (north line of the S '/z of SW '/4 of Section 18, T 22 N, R 5 E, WM); thence east along said north line to the east line of the W % of Section 18, T 22 N, R 5 E; thence south along east line to the south line of Section 18, T 22 N,R 5 E (S. 240`h Street); thence east along S. 240`h Street to the intersection of S. Maple Wood Avenue generally projected north;thence south on the projected line to S.2440' Street; thence east along S. 244`h Street to 94`h Avenue S.; thence south along 94`h Avenue S. projected south to S. Kimberly Avenue; thence along S. Kimberly Avenue to E. Maple Street; thence east along Maple Street to the comer where Tilden Avenue and Woodland Way meet; thence south along the north south portion of Tilden Avenue projected to the south line of the N '/z of the NE '/4 of the NE '/4 of Section 30, T 22 N, R 5 E, WM; thence west along said line to the intersection of S. Kimberly Avenue projected south; thence south along said projection to the south line of the N '/z of the NE '/4 of Section 30, T 22 N,R 5 E, WM;thence east along said line to the projection of Reiten Road S.; thence north along said line to the intersection of the south line of the N %x of the SE '/4 of the NE '/4 of the NW '/4 of Section 30, T 22 N, R 5 E, WM; thence west along said line to the intersection of the west line of E %2 of the NW '/4, of the NE '/4, of the NW %4 of Section 30, T 22 N, R 5 E, WM; thence north along said line to the intersection of S. 259`h Street projected east; thence east along said projected street to the intersection of S.Alexander Avenue projected south;thence north along said projection to its intersection with E. Walnut Street; thence east along E. Walnut Street projected to the west right-of-way of the Burlington Northern Railroad;thence south along the west line to the intersection of S. 259`h Street; thence west along said street to S. 5`h Avenue; thence north along said avenue to the projection of E. Walnut Street westerly; thence west along the projected street to the south projection of N. Thompson Avenue; thence north along said projection to the intersection of W. Gowe Street projected west; thence west along said projected line to S. Washington Avenue(SR 516 and SR 181); thence north along S. Washington Avenue projected to the intersection of W. Cole Street projected west; thence east along said line to the projection of N. 5`h Avenue; thence north along said line to the Valley Freeway(SR 167); thence due east along a line projected to the Burlington Northern Railroad right-of-way;thence north along the east side of the Burlington Northern Railroad right-of-way to the intersection of S. 292nd Street projected west; thence east along projected S. 292"d Street to 84`h Avenue S., the point of beginning. r:r„sunrso,msasns i nw.c.tayupet«.n.etseyoarp.aa APPENDIX"B" WASTE MANAGEMENT,INC. City Facility,Parks, and Sidewalk Container Location CITY FACILITIES ADDRESS City Shops 5821 S. 240`h Fire Stations: #73 West Hill 26512 Military Rd. S. #74 East Hill 24611 1 l6`h Ave. S.E. #76 North Industrial 20676 72nd Ave. S. Green River Natural Resources Area 22306 Russell Road S. Riverbend 18-hole Golf Course 2019 W. Meeker 9-hole Par 3 2020 W. Meeker Driving Range 2030 W. Meeker Parks: Russell Road Park 24400 Russell Road SIDEWALK CONTAINER LOCATIONS - City of Kent Garbar,e: northbound SE 235`h & 104`h Ave. SE northbound and southbound SE 244h& 104`h Ave. SE northbound SE 228`h & 1040'Ave. SE northbound and southbound SE 232nd & 104 Ave. SE northbound SE 240`h & 1040'Ave. SE eastbound and westbound SE 256`h & 106`' Ave. SE westbound SE 240`h & 100`h Ave. SE Recycle: (four 30 yard containers): SE 242°d & l 04`h Ave. SE APPENDIX "C" COMMERCIAL RATES SERVICE RATES Commercial Service 32 gal per pick-up 2.57 60 gal per pick-up 4.00 90 gal per pick-up 4.86 1 yard per pick-up 13.27 1.5 yard per pick-up 18.26 2 yard per pick-up 23.65 3 yard per pick-up 30.33 4 yard per pick-up 39.36 6 yard per pick-up 58.05 Extra a.yard per pick-up 4- 14.38 Extra i ;hard per pick-up 19.82 Extra;-y rjjAck Extra 3 yargi>rk_up - - Extra 4 yid.jEe>4kup 43�5 Extra 6 yid p�#�pi UP Extra 8 yard per pick-up 83.34 Permanent Rimtog-tE!!= Permanent Permanent jPW2% - Permanent i,Far'd � Permanent Rent, 1.5 = 11.97Y Permanent Rent, 2 yard 14.02 Permanent Rent, 3 yard - 16.94 Permanent Rent, 4 yard 19.10 Permanent Rent, 6 yard 24.53 Permanent rent, 8 yard 29.59 Temporary 1 yard per pick-up 15.11 Temporary 1.5 yard per pick-up 20.56 Temporary 2 yard per pick-up 27.08 Temporary 3 yard per pick-up 33.68 Temporary 4 yard per pick-up 43.69 Temporary 6 yard per pick-up 63.22 Temporary 8 yard per pick-up 84.07 Temporary Rent 1-3 yard 1.47 Temporary Rent 4 yard 1.79 Temporary Rent 6 yard 2.12 Temporary Rent 8 yard 2.29 Placements, 1-8 yards 17.83 RATES -- Commercial Service (Cont) Roll-out 36.96 Distance 0.37 Drive-In 1.49 Return Trip 8.36 Steps 0.07 Sunken Cans 0.12 Container Washing Per Yard 1.31 1 yard packer 41.56 3 yard packer 79.90 4 yard packer 92.96 5 yard packer 106.02 6 yard packer 119.07 Extra refuse per yard 8.78 Permanent 10-40 yard Dropti? , :W 69.07 10-50-yArd Compactor -_ - 84.08 Temporary=I.0-40 yard DropV _ 78.23 Dropbox�ontairier placement " '-' t3 10 yard`PermanenT Box Rent2 �_ e 12 yard Permanent Bix Rent m313A 15 yard Permariertt3� Rat 20 yard Permanent Box Rent 40.96 25 yard Pernanent`Box-lReri_V-L . "`= 5 22 30 yard Pen i_6Cnt:3oiz'Reff 40 yard Peririafiol�p ��Re# _ :5O 10-25 yard emprary Box Rent 30 yard Temporary Box Ii e _ _ 3.9V 40 yard Temporary Box 4.12 Miles = 1.65 Overtime 115.94 Time, Truck &Driver 76.02 Time, Extra Man 38.33 Multi-Family Service 32 gal per pick-up 3.69 60 gal per pick-up 4.57 90 gal per pick-up 5.49 1 yard per pick-up 18.03 1.5 yard per pick-up 24.82 2 yard per pick-up 32.88 3 yard per pick-up 40.84 4 yard per pick-up 53.08 6 yard per pick-up 76.67 8 yard per pick-up 102.02 RATES Multi-Family Service Extra refuse per yard 8.26 Permanent Rent, 60 gal 2.05 Permanent Rent, 90 gal 2.05 Permanent Rent, 1 yard 10.37 Permanent Rent, 1.5 yard 12.21 Permanent Rent 2 yard 14.29 Permanent Rent 3 yard 17.26 Permanent Rent 4 yard 19.46 Permanent Rent 6 yard 25.00 Permanent Rent 8 yard 30.14 Temporary 1 yard per pick-up 18.98 Temporary 1.5 yard per pick-up 25.78 Temporary 2 yard per pick-up 33.85 Temporary 3 yard per pick-ua 41.81 Temporal+4 yard per pick-up L_ - = 54.03 Tem or- - ark er. ick-u P, m-§,'v P P P r TemporaV r' ej pick Temporaty`-R-enH-3�and _ Temporary Rent 4-vard = 4� _ w =93 _- Temporary Rent 6 yard 2.29 Temporary Bent 8 Beard= 48 PlacementsV X yad Permanent 2 4Q� yard aul 10-40 yard Cgmtofiaul my Permanent Rent 20 yard_lfl� 40.2T Permanent Rent 25 yard-� 43.60 Permanent Rent 30 yard_,-';` - 48.11 _ Permanent Rent 40 yard'- 57.67 P 1CinTF9E5QpmFBaV15l1C®vcYlRavAppvdiaBAa APPENDIX 6'D" RESIDENTIAL RATES Rate 1. Solid Waste and Recycline I Can $13.24 2 Cans $18.25 3 Cans $26.54 4 Cans $34.75 6 Cans $50.76 1 Can/mo $7.02 19 Gal Can $10.31 Gal Cart $13.78 3�Gal Cart- 2 $27.56 90 Gal Cart--1 90 Gal Cart-3, 90- - ----- 19Bil C-wi- Senior 5. z7F 32 Gal Can- Se 60 Gal Can- SerjW �Q-39.45 90 Gal Can- Sen—rr'--z' 3.41 2. Yardwaste $6.64 SOLID WASTE COLLECTION AND DISPOSAL, RECYCLING AND PROCESSING CONTRACT Between THE CITY OF DENT and KENT-MERIDIAN DISPOSAL APRIL 1, 2001-MARCH 31, 2011 WPM PM 11.45 AM TABLE OF CONTENTS Pape ARTICLE1. DEFINITIONS..............................................................................................2 ARTICLE 2. GENERAL PROVISIONS...........................................................................5 2.1 Term................................................................................................................5 2.2 Work to be Performed.....................................................................................5 2.3 Minimum Level of Service and Self Haul......................................................5 2.4 Annexation......................................................................................................6 2.5 Contractor to Make Examination....................................................................7 ARTICLE3. OPERATIONS..............................................................................................7 3.1 Collection........................................................................................................7 3.1.1 Route Map and Route Changes .......................................................7 3.1.2 Collection Schedule.........................................................................7 3.1.3 Collection at City-Owned Sites .......................................................8 3.1.4 Holiday Schedule.............................................................................8 3.1.5 Inclement Weather...........................................................................8 3.1.6 Missed Collections and Special Collections....................................9 3.1.7 Solid Waste, Recyclable Materials, or Yard Waste Left Behind by Contractor...............................................................9 3.1.8 Semiannual Clean-Up Weeks and Special Events...........................9 3.2 Solid Waste and Recyclable Materials Containers.......................................10 3.2.1 Residential Solid Waste Containers...............................................10 3.2.2 Residential Recycling Containers..................................................10 3.2.3 Residential Yard Waste Containers...............................................10 3.2.4 Commercial Containers .................................................................10 3.2.5 Containers Generally. ....................................................................10 3.3 Contractor Service........................................................................................11 3.3.1 New Customers..............................................................................11 3.3.2 Special Disabled Service ...............................................................11 3.4 Hauling and Disposal of Solid Wastes .........................................................11 3.4.1 Responsibility for Spills.................................................................11 3.4.2 Delivery to Disposal Site...............................................................11 3.4.3 Hazardous Materials. .....................................................................12 3.5 Recycling and Yard Waste Collection and Processing.................................12 3.5.1 Required Services..........................................................................12 3.5.2 Expanded Collection, Disposal, and Recycling.............................12 3.5.3 Landfill and Incineration Prohibited..............................................12 3.5.4 Material Delivery Standards..........................................................12 3.5.5 Eligible Recyclable Materials........................................................13 3.5.6 Yard Waste ....................................................................................13 1/31/01 11:57 AM -1- Page 3.6 Local Improvements.....................................................................................13 3.7 Contractor's Office. ......................................................................................13 3.8 Contractor's Records and Audit. ..................................................................14 3.8.1 City Access to Contractor Records................................................14 3.8.2 Compliance with Law; Documentation; Confidential Business Records...........................................................................14 3.8.3 Disclosure Demands. .....................................................................14 3.8.4 Monthly Reports............................................................................15 3.8.5 Dump Receipts...............................................................................15 3.8.6 Customer Count.............................................................................15 3.8.7 Complaint Log ..............................................................................15 3.9 Contractor's Employees................................................................................15 3.9.1 Demeanor.......................................................................................15 3.9.2 Collection Procedures....................................................................15 3.9.3 Skills..............................................................................................15 3.10 Contractor's Equipment................................................................................16 3.10.1 Collection Vehicles........................................................................16 3.10.2 Collection Vehicle Maintenance....................................................16 3.10.3 Equipment Ownership ...................................................................16 3.11 Illegal Weights..............................................................................................16 ARTICLE 4. GUARANTEES,INSURANCE AND DEFAULTS.................................16 4.1 Violation of Ordinance .................................................................................16 4.2 Indemnification.............................................................................................16 4.2.1 Contractor's Indemnification of City.............................................16 4.2.2 Claims Subject to Indemnification ................................................17 4.2.3 City Liability to Contractor............................................................17 4.2.4 Notice to Contractor; Defense. ......................................................17 4.2.5 Applicability of RCW 4.24.115.....................................................18 4.2.6 Indemnification for Claims of Contractor's Employees................18 4.2.7 Royalties; License Fees; Patents....................................................18 4.2.8 No Indemnity Waiver. ...................................................................18 4.2.9 Indemnification Surviving Termination ........................................18 4.3 Damage to Property......................................................................................18 4.4 Liability Insurance........................................................................................19 4.4.1 General Requirements....................................................................19 4.4.2 Coverages of Liability Policy. .......................................................19 4.4.3 Minimum Limits............................................................................19 4.4.4 Required Endorsements.................................................................20 4.4.5 ACORD Form................................................................................20 4.4.6 Compliance Required ....................................................................20 4.5 Payment of Claims........................................................................................21 1/31/01 11:57 AM -ii- Page 4.6 Liens..............................................................................................................21 4.6.1 Authority........................................................................................21 4.6.2 Procedure.......................................................................................21 4.6.3 Lien Foreclosure-Indemnification .................................................21 4.7 Default; Failure to Perform Contractual Obligations ...................................22 4.7.1 Contractor Default .........................................................................22 4.7.2 Consequences of Category A Default............................................23 4.7.3 Category B Default; Liquidated Damages.....................................23 4.7.4 Dispute Resolution.........................................................................26 4.7.5 Enforcement of Contract................................................................26 4.7.6 Right to Require Performance.......................................................26 4.7.7 Interruption of Contract Services ..................................................26 4.8 Bankruptcy....................................................................................................26 4.9 Force Majeure...............................................................................................27 ARTICLE 5. COMPENSATION .....................................................................................27 5.1 Commercial Rates.........................................................................................27 5.2 Residential Rates...........................................................................................27 _ 5.3 Residential and Commercial Rate Adjustments (CPI) .................................27 5.4 Residential and Commercial Rate Adjustments— (other) ............................28 5.5 Approval and Effective Date ........................................................................28 5.6 Rate Audit.....................................................................................................28 5.7 Dump Fees....................................................................................................29 5.8 Billing and Payment......................................................................................29 5.9 Collection......................................................................................................29 5.10 City Fees or Taxes ........................................................................................29 ARTICLE 6. MISCELLANEOUS PROVISIONS .........................................................29 6.1 Independent Contractor.................................................................................29 6.1.1 Contractor as Independent Contractor..............................................29 6.1.2 Contractor's Control of Project.........................................................29 6.2 Assignment ...................................................................................................30 6.2.1 Nonassignment of the Contract.........................................................30 6.2.2 Change in Control......................................................................... 30 6.2.3 Binding Effect...................................................................................30 6.3 Applicable Law.............................................................................................30 6.4 Quality of Performance.................................................................................30 6.5 Contract.........................................................................................................30 6.5.1 Meaning of Contract Terns..............................................................30 6.5.2 Definitions Defined in RCW 70.95 and WAC 173-304...................31 — 6.5.3 Conflicting Definitions.....................................................................31 6.5.4 Amendments to Referenced Citations ..............................................31 1/31/01 11:57 AM -iii- Page 6.5.5 Entire Contract..................................................................................31 6.5.6 Amendment.......................................................................................31 6.5.7 Successors.........................................................................................31 6.6 Intent of Contract Documents.......................................................................31 6.6.1 Comprehensive Contract...................................................................31 6.6.2 Comprehensive Services...................................................................31 6.6.3 No Waiver of Governmental Powers................................................32 6.7 Facilities and Personnel................................................................................32 6.8 Time of the Essence......................................................................................32 6.9 Payment of Subcontractors and Agents........................................................32 6.10 Third-Party Beneficiaries..............................................................................32 6.11 Personnel Practices;Nondiscrimination.......................................................32 6.12 OSHA/WISHA.............................................................................................33 6.13 Contract Administration;Notices.................................................................33 6.13.1 City of Kent Representative..............................................................33 6.13.2 Contractor's Representative..............................................................33 6.13.3 Notices..............................................................................................33 6.14 Taxes, Permits and Fees................................................................................34 6.14.1 Contractor's Permits and Licenses ...................................................34 6.14.2 Other Taxes.......................................................................................34 6.15 Fines; Penalties.............................................................................................34 r 6.16 Dissolution of the City and Successor to the City........................................34 6.17 No Personal Liability....................................................................................34 6.18 Severability...................................................................................................35 6.19 Waivers.........................................................................................................35 6.20 Disagreements...............................................................................................35 6.21 Governmental Authority...............................................................................35 LIST OF APPENDICES Appendix A: Legal Description of Core Areas Appendix B: Listing and Map of City-Owned Buildings, Parks, and Sidewalk Containers to which Collection Services Apply Appendix C: Commercial Rates Appendix D: Residential Rates 1/31/01 11:57 AM -1v- SOLID WASTE COLLECTION AND DISPOSAL, RECYCLING AND PROCESSING CONTRACT Between THE CITY OF KENT and KENT-MERIDIAN DISPOSAL This Contract is made and entered into on the last date fully executed below, by and between the CITY OF KENT, WASHINGTON (the "City"), a Washington municipal corporation, and KENT-MERIDIAN DISPOSAL COMPANY, a Washington general partnership whose partners include Fiorito Enterprises, Inc., a Washington corporation, Rabanco Companies, a Washington general partnership, and Rabanco, Ltd., a Washington corporation, its managing partner ("Kent-Meridian Disposal') (hereinafter called "Kent-Meridian Disposal' or the "Contractor"). RECITALS WHEREAS, it is essential that residential, commercial and industrial solid waste be reduced and properly collected, recycled, and disposed of in order to avoid adverse environmental and social effects; and WHEREAS, the Contractor is qualified to provide solid waste collection and recycling services, including processing and distribution of recyclable materials to end markets, in accordance with the terms of this Contract; and WHEREAS, the Contractor agrees for the consideration stated to collect and dispose of solid waste, and to collect, process and market recyclable materials and yard waste collected within the City of Kent in accordance with this Contract; NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein contained, THE CITY OF KENT and CONTRACTOR,hereby agree as follows: 1/31/01 11:45 AM -1- ARTICLE l Definitions 1. "Annexed Areas I": Those areas annexed into the City of Kent after June 12, 1957, and before April 1, 1991 (annexed to the Core Area), within which Residential Customers will be serviced by Contractor, and within which Commercial. Customers will be serviced by Waste Management of Washington, Inc., d/b/a Tri-Star Disposal. 2. "Annexed Areas II": Those areas annexed into the City of Kent after March 31, 1991, or which will in the future be annexed into the City of Kent (annexed to the Core Area and Annexed Areas I), within which Commercial and Residential Customers serviced by Contractor at the time of annexation will continue to be serviced by Contractor and within which Commercial and Residential Customers serviced by Waste Management of Washington, Inc., d/b/a Tri-Star Disposal at the time of annexation will continue to be serviced by Waste Management of Washington, Inc., d/b/a Tri-Star Disposal. 3. "City": The City of Kent, Washington. 4. "Commercial Areas": All areas in both the Core Area and Annexed Areas I and Annexed Areas II where Commercial Customers are located. 5. "Contract": This Solid Waste Collection and Disposal, Recycling and Processing Contract, its Appendices, and any amendments thereto. 6. "Contractor": Kent-Meridian Disposal. 7. "Contractor's Service Areas" or "Service Areas": All Residential and Commercial Customers within the Core Area, all Residential Customers in Annexed Areas 1, and those Commercial and Residential Customers, if any, in Annexed Areas II serviced by Contractor on the date of annexation of such areas. 8. "Commercial Customer(s)": All Customers that are not included within the definition of"Residential Customers" set forth below, which are within Contractor's Service Areas. Commercial Customers include Commercial Multi-family Customers as defined below. 9. "Commercial Multi-Family Customer(s)": Multi-family residences containing more than four(4) dwelling units. 10. "Contractor Facility" or "Contractor Facilities": The term "Contractor Facility" or "Contractor Facilities" means any facility or facilities owned or operated by the Contractor to perform its obligations under the Contract to pick up, transfer, load, unload, transport and dispose of solid Waste, Recyclable Materials, and Yard Waste. 1131/01 11:45 AM -2- 11. "Core Area": Historically, the city limits of Kent as it existed as of June 12, 1957, within which both Residential and Commercial Customers are to be serviced by Kent-Meridian Disposal, and as legally described in Appendix A. 12. "County": King County, a political subdivision of the State of Washington, its successors or assigns. 13. "County Facility" or "County Facilities": The term "County Facility" or "County Facilities" includes but is not limited to the transfer stations, transportation facilities, locations of delivery for all Solid Waste, Recyclable Materials, or Yard Waste owned or operated by public entities as part of the King County Solid Waste System. 14. "Curb" or "Curbside": On the Customer's property, within five feet of the public street without blocking sidewalks, driveways, or on-street parking. If extraordinary circumstances preclude such a location for purposes of the collection of Solid Waste, Recyclable Materials, and Yard Waste, Curbside shall mean an alternate location suitable to the Customer, convenient to the Contractor's equipment, and mutually agreed to by the City and the Contractor. 15. "Customer(s)": Residential and Commercial Customers located within Contractor's Service Areas. — 16. "Director": Director of Public Works, City of Kent, Washington, or such other representative as may be designated by the Mayor. 17. "Garbage Can": A watertight, galvanized, sheet metal, raised-bottom container or suitable plastic container not exceeding four (4) cubic feet or thirty-two (32) gallons in capacity, weighing not over twenty-two (22) pounds when empty or sixty-five (65) pounds when full, fitted with two (2) sturdy handles, one (1) on each side and a tight cover equipped with a handle. 18. "Hazardous Waste": "Hazardous waste" under the Resource Conservation and Recovery Act, 42 U.S.C. §§ 69.01-69.87, as amended, or rules and regulations thereunder, or identified or defined as "extremely hazardous wastes" or as "dangerous wastes" under Chapters 70.105 or 70.105A RCW, or special wastes as defined in WAC 173-303, or rules and regulations thereunder. 19. "Material": Solid Waste,Recyclable Materials, and Yard Waste as defined herein. 20. "Inaccessible Area": Any road that does not allow safe access, turnaround, or clearance for the Contractor's collection vehicles. 21. "Mobile Cart": A movable container that holds at least 60 gallons of Solid Waste, with a hinged-lid with a tight fit, thick skinned one-piece balanced weight body that sets on tires, which may be picked up at Curbside with a hydraulic dumping mechanism. The Director may approve Contractor use of alternative sizes of Mobile Carts. 1/31/01 11:45 AM -3- 22. "Party"or "Parties": The City of Kent, Washington; and Kent-Meridian Disposal. 23. "Processor": The Recycling Processing Center(s) designated from time to time by the Contractor to process and market Recyclable Materials, to be separated as determined by the Contractor. 24. "Recyclable Materials": Waste materials generated in the City of Kent capable of reuse from a waste stream as designated by the Director, including but not limited to sorted or unsorted newsprint, glass, aluminum, ferrous and nonferrous cans, plastic materials, mixed paper, and cardboard accumulated and intended for recycling or reuse and collection by the Contractor. The term Recyclable Materials is more specifically defined in section 3.5.5. This term excludes all hazardous wastes and solid wastes intended for disposal in a landfill, incinerator, or interim solid waste disposal facility under WAC 173-304. All Recyclable Materials intended for collection by the Contractor shall remain the responsibility and ownership of the Customer until such Materials as contained in designated containers for Recyclable Materials are placed out for collection for the Contractor. Such Materials then become the responsibility and property of the Contractor subject to the right of the Customer to claim lost property of value. Unless otherwise noted, the term Recyclable Materials shall include Yard Waste. 25. "Residential Customer(s)": Customers dwelling in one-unit houses, mobile homes, and multi-family residences containing no more than four (4) dwelling units such as duplexes, tri- plexes, and four-plexes which are within Contractor's Service Areas. _ 26. "Service": Any and all matters and things that are required to be done, kept, performed and furnished under this Contract. 27. "Solid Waste": Shall be as defined by RCW 70.95.030 and WAC 173-304-100(73), and shall not include sludge from waste water treatment plants, septage from septic tanks, extremely hazardous waste, hazardous waste, dangerous waste, special waste, and problem wastes as defined in WAC 173-304 and 173-303, and RCW 70.105 and 70.105A. 28. "Solid Waste Utility": The City system of Solid Waste handling under Chapters 35.21 and 35.67 RCW and the Kent City Code. 29. "Work": Work includes those tasks to be performed consisting of the collection, disposal and/or processing of all Solid Waste and Recyclable Materials accumulated in the City. Work excludes all hazardous waste. 30. "WUTC": The Washington Utilities and Transportation Commission. 31. "Yard Waste": Compostable organic Material including leaves, grass, branches, brush, flowers, tree wood waste, and other biodegradable waste that may be designated by the Director, which is intended for recycling or reuse. Yard Waste includes limbs and branches not over four (4) inches in diameter or four (4) feet in length. Yard Waste does not include animal 1 1/31/01 11:45 AM -4- waste, rocks, dirt, significant amounts of sod, and demolition debris such as concrete, wall board, lumber or roofing material, except incidental amounts. ARTICLE 2 General Provisions 2.1 Term. The term of this Contract shall be for a period of ten (10) years commencing on the 1 st day of April 2001 and terminating after ten (10) years on March 31, 2011. 2.2 Work to be Performed. Subject to preemptive federal or state law, and the Solid Waste Disposal Agreement Between King County and the City of Kent, dated December 31, 1986, the work to be performed consists of the Contractor's exclusive right to collect, haul and transport Solid Waste, Recyclable Materials, and Yard Waste as defined herein and in Kent City Code Chapter 7.03, as amended, from those Residential and Commercial Customers as defined in Contractor's Service Areas for Solid Waste disposal and/or delivery to Recyclable Materials processing centers for the term of this Contract and in accordance with the provisions hereof, provided, however, that any areas within the City heretofore or hereafter annexed which are subject to a franchise or WUTC certificate held by third parties pursuant to RCW 35A.14.900 are hereby excluded from the terms of this Contract until such time as the City has complied with the provisions of RCW 35A.14.900 and the franchise or permit has terminated. Areas annexed to the City which are serviced by Contractor with a franchise or a WUTC certificate are subject to section 2.4 of this Contract. It is acknowledged that this Contract is not intended to impose substantive standards affecting the price, route or service of"property," as that term is defined by federal and state laws. In the event a court decision is issued or legislation enacted which affects the legal definition of"property," as that term is used in the Federal Aviation Administration Authorization Act of 1994 and as considered in AGG Enterprises, Inc. v. Washington County, No. CIV 99-1097- KI, 2000 WL 361892 (D. Or.), and, as a result, limits the City's ability to enforce the exclusive rights granted under this Contract, the Contractor may provide collection services as to that "property" as a service excluded from this Contract. 2.3 Minimum Level of Service and Self Haul. Pursuant to Kent City Code Chapter 7.03, all persons and property shall be subject to and responsible for the minimum level of service and associated charges for service for residential and commercial solid waste, and residential and commercial multi-family recyclable materials, as applicable, whether or not such persons or property use the service, except as otherwise provided for in Chapter 7.03. Contractor's exclusive right granted herein shall not limit the right of waste generators to collect, transport, process, store and dispose of any Solid Waste, Recyclable Materials, or Yard Waste generated solely from their specific property, nor shall it limit waste generators' rights to contract with third parties (e.g., landscape or yard maintenance companies) to transport, process, store and dispose of Yard Waste so long as the third party's treatment of Yard Waste is incidental to the service the third party is providing the resident. With the exception of self hauling by waste generators and the City's contractors and agents, no other use of, or scavenging of, collected Materials is permitted without the permission of the City. 1/31/01 11:45 AM -5- 2.4 Annexation. If, during the life of this Contract, additional territory is added to the City through annexation within which the Contractor has an existing WUTC certificate or other franchise for collection and/or disposal of Solid Waste, Recyclable Materials and/or Yard Waste at the time of annexation, the Contractor shall make collection in such annexed areas 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 Contractor for delays in the provision of services to annexed areas due to procurement delays that are not within the reasonable control of the Contractor. In the event the City annexes areas within which the Contractor has an existing WUTC certificate or other franchise for collection and/or disposal of Solid Waste, Recyclable Materials and/or Yard Waste, the Contractor agrees, by accepting this Contract from the City, that the certificate or franchise applicable to the annexed areas shall be deemed canceled on the effective date of the annexation, and the City shall notify the WUTC to that effect as required under RCW 35A.14.900. The Contractor shall continue to service the area it previously served in the newly annexed areas under the terms and conditions set forth in this Contract and waives any and all claims or rights for compensation and/or damages for loss of franchise, business, or facilities as outlined in RCW 35A.14.900 from the City, its agents, officers or assigns arising out of the cancellation of the previous permit or franchise. The Contractor shall serve its Service Areas in the newly annexed areas for a term of not less than ten (10) years from the date of annexation, and the City, pursuant to RCW 35A.14.900 and as required by said statute, shall not extend similar or competing services to the annexed territory for a period of ten (10) years after the date of annexation, except upon a proper showing of inability or refusal of Contractor to adequately -- service newly annexed territory. The right granted hereunder to serve newly annexed territory for a term of ten (10) years from the date of annexation shall require such service to be in accordance with the terms of this Contract even if the Contract has otherwise expired. This Contract is in lieu of a franchise as provided in RCW 35A.14.900. 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 certificate 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 other than the compensation for services contained in this Contract Contractor expressly waives and releases any claim to territory which it is not currently servicing as of the date of execution of this Contract, as well as of territory it is not servicing in any future annexed areas as of the date of such annexation, except for territory acquired through mergers and/or acquisitions. Both parties agree that in the event the City should elect to acquire Contractor's rights of collection prior to the expiration of the ten (10) year period subsequent to annexation, the City will pay fair market value for the franchise, business or facilities acquired as outlined in RCW 35A.14.900. That payment shall satisfy any and all damages suffered or claims made by Contractor. Otherwise, nothing in this Contract is intended to preclude Contractor from reactivating its WUTC certificate rights should the City at any time cease to assert its control over the collection and/or disposal of Solid Waste, Recyclable Materials and/or Yard Waste. in such event, Contractor shall not be entitled to any damages or compensation from the City for loss of Service Areas should the WUTC not grant Contractor the Service Areas set forth in this Contract. 1/31/01 11:45 AM -6- 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 Solid Waste or other collections, in such event and upon 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 delays in the provision of services to annexed areas covered by the paragraph, due to procurement delays that are not reasonably within the control of the Contractor. 2.5 Contractor to Make Examination. The Contractor shall undertake its own examination, investigation, and research regarding the proper method of doing the Work, and all conditions affecting the work to be done; the labor, equipment, and materials needed; and the quantity of the work to be performed. The Contractor agrees that it is satisfied by its investigation and research regarding all of such conditions, and 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 which may prove to be in any respect erroneous. The Contractor assumes the risk of all conditions foreseen or unforeseen and agrees to continue the work without additional compensation under whatever circumstances that may develop other than as herein provided. ARTICLE 3 Operations 3.1 Collection, 3.1.1 Route Map and Route Changes. For any residential collection work performed under this Contract, the Contractor shall show, on a map furnished to the Director, the day of the week when Solid Waste, Recyclables, and Yard Waste shall be collected from each area or route. The Contractor may change the day of collection giving notice to the Director and the Customers. Routing changes must include a new route map. 3.1.2 Collection Schedule. Residential pickups shall be made Monday through Friday from 7:00 a.m. to 4:00 p.m., unless otherwise approved by the City in writing. Commercial pickups may take place at any time deemed appropriate by Contractor so long as the Contractor's operation does not disturb Residential Areas; provided, however, the Director shall have authority to make final approval, which approval shall not be unreasonably withheld. The Director may reverse the decision with regard to the suitability of the collection hours at any time, and such decision shall take effect seven (7) days after written notice is sent to the Contractor. At a minimum, the Contractor shall make one Solid Waste collection per week from Residential Customers, unless otherwise approved by the Director, and shall maintain a regular schedule, as approved by the Director, for Recyclable Materials and Yard Waste collection from Residential Customers. Residential collection shall be at Curbside with the exception of Customers with physical disabilities as provided for in section 3.3.2. 1/31/01 11:45 AM -7- Collection for Commercial Customers at buildings, places of business, or premises where Solid Waste, Recyclable Materials, and Yard Waste are accumulated or generated shall be made daily if necessary, but in no event less than once per month (Saturday and Sunday optional to Contractor), or as requested; provided, however, the Director shall have authority to make final approval, which approval shall not be unreasonably withheld. The Contractor shall comply with reasonable requirements of Customers with respect to security, location of containers and frequency of removal. 3.1.3 Collection at City-Owned Sites. The Contractor agrees to provide for the collection, removal, and disposal or processing of Solid Waste, Recyclable Materials, and Yard Waste from City-owned and occupied buildings used only for governmental purposes and from City parks within Contractor's Service Areas of the City. Such collection, removal and disposal or processing shall be without charge to the City,provided that the Solid Waste, Recyclable Materials, and Yard Waste are placed in containers conveniently located for collection. Appendix B lists current City-owned buildings and parks to which this section applies. The Contractor further agrees to service all City sidewalk containers in the Contractor's Service Areas as often as needed, and at least once a week. Appendix B includes a map with the locations of current City sidewalk containers. Additions, deletions or changes in collection from City-owned buildings, parks and sidewalk containers shall be subject to change as directed by the City. The Director may waive the requirements of this section under special circumstances. 3.1.4 Holiday Schedule. The Contractor shall designate the holidays to be observed under this Contract. The Contractor shall determine the schedule to be worked if the -- holiday falls on a regular collection day. The Contractor shall provide the City with notice in writing of the change in collection schedule at least thirty (30) days prior to the holiday. The Contractor shall arrange to have the schedule published in a newspaper of general circulation within the corporate limits of the City. Unless attributable to circumstances beyond Contractor's reasonable control, deviation from the published schedule shall be subject to liquidated damages provided in section 4.7.3. 3.1.5 Inclement Weather. When weather conditions are such that continued operation would result in danger to collection staff, area residents or equipment, the Contractor shall collect only in areas that do not pose a danger. The Contractor shall determine when inclement weather prevents the Contractor from providing service on a regularly scheduled collection day. The Contractor shall notify the City as soon as possible of the delay in the collection schedule and shall notify radio stations of the delay including, but not limited to, KIRO 710AM, KING 1090AM, and KOMO 1000AM. The Contractor shall also notify the City when collections can resume and shall make such notice prior to resuming collections. For Customers with weekly collection service, the Contractor shall then make collection on the next regularly scheduled collection day for the customer whose collection was missed. For Customers with collection services less frequent than weekly, Contractor shall make collection within one week of the missed scheduled collection date, unless otherwise approved by the Director. When service is resumed, the Contractor shall pick up additional Solid Waste, Recyclable Materials, and Yard Waste, up to the maximum volume the Customer would have left for collection during the interval when collections were missed, at no additional cost, and shall empty temporary receptacles, to the 1/31/01 11:45 AM -$- extent practicable, that Customers have used when the regular Solid Waste and Recyclable Materials containers have been filled. On inclement weather days where Contractor is prevented from providing service on regularly scheduled collection days, Customers shall have the option of taking their Solid Waste to a King County Transfer Station. In these self-help cases, the Customer shall be entitled to an adjustment to the Customer's collection fee upon submittal by the Customer to the Contractor of a dump fee receipt. The amount of the adjustment will correspond to the normal rate structure and shall be calculated for the number of pickups for which service was provided by the Customer and not by the Contractor. The adjustment shall be deducted from the Contractor's next billing to the Customer. 3.1.6 Missed Collections and Special Collections. Adequate provision shall be made by the Contractor to provide special collections when Solid Waste, Recyclable Materials, or Yard Waste have not been collected due to Contractor error during the regularly scheduled trip. Special pickups for missed collections shall be made by the Contractor when ordered by the Director or his representative at no cost to the City and at no additional cost to the Customer, except for misses caused by Customer error. If the Contractor fails to provide a special pickup within twenty-four (24) hours of notification by the Director or his representative (weekends excepted), the Director or his representative may cause the work to be done by City personnel. The Contractor shall pay liquidated damages for late special pickups ordered by the Director, or for -- failure to perform special pickups as provided for in section 4.7.3. The time count for assessing liquidated damages shall begin at the time of the notification by the Director or his representative. Should the City cause the work to be done by City personnel, the City shall charge the Contractor an additional $70 for each such pickup. 3.1.7 Solid Waste, Recyclable Materials, or Yard Waste Left Behind by Contractor. For residential work performed under this agreement, the Contractor must affix a tag to containers of Solid Waste, Recyclable Materials, or Yard Waste left purposely to indicate why they were not picked up. The tag must notify Customers of the reason(s) the containers were not emptied or collected and indicate possible remedies. After three successive denied collections, the Contractor shall also notify the City of the address where the Solid Waste, Recyclable Materials, or Yard Waste were not emptied or collected. Failure to notify Customers or the City may incur liquidated damages as provided in section 4.7.3. 3.1.8 Semiannual Clean-Up Weeks and Special Events. Pursuant to Kent City Code Chapter 7.03, the Contractor shall provide collection services as required by the City for the City's semiannual clean-up weeks for Residential Customers. Each January, the Contractor shall pick up Christmas trees from the Commercial Multi-family and Residential Customers within Contractor's Service Areas. Said services shall be provided at no additional cost to the City or the Commercial and Residential Customers. The Contractor shall also provide collection for special events as requested by the City. Charges for such services shall be determined through negotiations between the City and the Contractor based on the extent of service to be performed. 1/3 1/01 11 A5 AM -9- 3.2 Solid Waste and Recyclable Materials Containers. 3.2.1 Residential Solid Waste Containers. At the election of each Residential Customer, the Contractor shall provide one sixty-four (64) or ninety-six (96) gallon "Mobile Cart" for the storage and collection of Solid Waste. The Contractor shall provide stickers or another identification method for differentiating among the Solid Waste, Recyclable Materials, and Yard Waste Mobile Carts. Nothing contained herein shall prohibit any Customers from providing their own Garbage Cans in lieu of using the Contractor's Mobile Carts, provided said container is compatible with the Contractor's equipment; in such cases the Customer shall be responsible for container maintenance. 3.2.2 Residential Recycling Containers. Contractor shall provide each Residential Customer with a recycling container(s) and utilize a collection/sort program as approved by the Director. If it is possible for a Customer to reduce the size of the Solid Waste container when installing a container for Recyclable Materials, the Contractor shall supply the appropriate size Solid Waste container. 3.2.3 Residential Yard Waste Containers. Contractor shall provide each Customer with the opportunity to utilize either a Customer-owned Yard Waste container, subject to Contractor approval, or to rent a Contractor-owned, Director approved, Yard Waste container. The maximum volume of Yard Waste per Customer per collection day will be limited to ten (10) units. One (1) Contractor provided ninety-six (96) gallon container, plus seven (7) units, is equivalent to ten (10) units. A Garbage Can, cardboard box, bundle or Kraft paper bag with a capacity not exceeding thirty-two (32) gallons in volume (approximate) and weighing no more than sixty-five (65)pounds when full,will constitute one(1) unit. 3.2.4 Commercial Containers. The Contractor shall provide Commercial Customers with appropriate containers for Solid Waste, Recyclable Materials and Yard Waste. Solid Waste containers shall be separately identifiable from Recyclable Materials and Yard Waste containers. The Commercial containers for Recyclable Materials shall be serviced by the Contractor on a scheduled or an on-call basis with a once-per-month minimum. 3.2.5 Containers Generally. All containers supplied by Contractor shall remain the property of the Contractor. In the event a Contractor-supplied container(s) is damaged, destroyed, lost or stolen, Contractor shall, within seven (7) calendar days, replace the container(s) at no cost to the Customer. If damage, destruction of loss to any Contractor-supplied container is due in whole or in part to the Customer's negligence, then the Contractor may seek compensation from the Customer for that damage, but only to the extent of the Customer's negligence or contributory fault. In the event a Customer-supplied container(s) is damaged, destroyed or lost and if that damage, destruction, or loss is due in whole or in part to the Contractor's negligence, Contractor shall, within seven (7) calendar days, repair or replace the container(s) at no cost to Customer. The location of Mobile Carts or containers shall be agreed upon between the Contractor and the Customer, provided that the location shall be consistent with the provisions of 1/31/01 11:45 AM -10- all City ordinances and at a minimum will be placed so as to avoid any hazard to the public both while on the Customer's premises and while being serviced by the Contractor. 3.3 Contractor Service. 3.3.1 New Customers. Upon becoming aware of a new Residential or Commercial Customer in the City, the Contractor shall provide Services to the new Customer within seven (7) days. If the Contractor is unable to provide the size of container ordered by the Customer within seven (7) days, the Contractor may temporarily provide the Customer with any size container, provided, however, the service provided to the Customer and the rate charged shall be commensurate with the size of the container ordered. Temporary containers shall be delivered within seven (7) days. See section 2.4 for information regarding annexations. 3.3.2 Special Disabled Service. The Contractor shall provide Special Disabled Service to Residential Customers that are unable to move their containers for Solid Waste, Recyclable Materials or Yard Waste to the Curbside due to physical handicap, disability, or infirmity. The Contractor shall provide applications for Special Disabled Service to each Residential or Commercial Customer within fourteen (14) days of commencing Service and within seven(7) days of the Contractor becoming aware of any new Customers. The Contractor shall visit the residential or commercial establishment of applicants and shall screen applicants to determine legitimate need. Standards for legitimate need shall be determined by the City in consultation with the Contractor. The Contractor shall provide Special Disabled Service in cases where no employee of the Customer is physically able to move the Mobile Cart(s) to the Curbside. In any case, the Contractor shall not be required to provide this service to more than five (5) percent of Residential and Commercial Customers. The Contractor will not be required to enter any commercial establishment in the course of providing Special Disabled Service. 3.4 Hauling and Disposal of Solid Wastes. 3.4.1 Responsibility for Spills. The Contractor shall practice caution in the loading and transportation of Solid Wastes so that any leaking, spilling or blowing is prevented. The Contractor shall immediately, or upon notice from the City, clean up any spills. 3.4.2 Delivery to Disposal Site. The Contractor shall deliver at its cost all Solid Waste collected, except Hazardous Waste, under this Contract to the disposal sites approved by the City or designated in the King County Comprehensive Plan. The Contractor may seek adjustment in rates as a result of City designation of disposal sites in accordance with section 5.4. Upon request from the City, the Contractor shall furnish written evidence that it has necessary approvals and permits to utilize any site chosen for the duration of this Contract. The Contractor shall operate under applicable rules and regulations that may be a part of using such facilities for the disposal of Solid Waste. The Contractor shall not knowingly collect materials that violate the law or applicable Federal, State or County guidelines. 1/31101 11:45 AM -1 1- 3.4.3 Hazardous Materials. Unless otherwise agreed upon pursuant to Section 3.5.2, under no circumstances shall the Contractor knowingly deliver to King County disposal sites and County Facilities any Hazardous Waste. Because violation of this section is cause for immediate termination of the City's agreement with the County, the Contractor shall be held strictly liable for any damages caused to the City due to the knowing violation of this section. Tennination of the City's agreement with the County shall not terminate the Contractor's strict liability to the City and the County for knowing violation of this section. All Solid Waste or Recyclable Materials delivered by the City through its Contractor to King County disposal or processing County Facilities shall be in compliance with the Federal Resource Conservation and Recovery Act, as amended; RCW Chapter 70.95; King County Board of Health Rules and Regulations No. VIII, as amended; and all other applicable federal, state, and local environmental and health-related laws, rules, and regulations. 3.5 Recycling and Yard Waste Collection and Processing. 3.5.1 Required Services. The Contractor shall pay all costs of processing and marketing Recyclable Materials and Yard Waste. The Contractor shall deliver collected Recyclable Materials and Yard Waste to a recycling Processor selected by the Contractor with notice to the Director. The Contractor shall keep records of the tonnage of Recyclable Materials and Yard Waste collected and shall make a monthly report of the total tonnage to the City. Consistent with the King County Solid Waste Management Plan, to the extent practicable, such reports by Contractor shall include amounts of Recyclable Materials and Yard Waste by material type. Compensation received by the Contractor for Recyclable Materials and Yard Waste shall belong to the Contractor. 3.5.2 Expanded Collection, Disposal, and Recycling_ Future collection, disposal, and recycling efforts that may be implemented by the City during the Contract period include additional collection, disposal, and recycling of other Materials not previously being collected, disposed, or recycled under this Contract. Such Materials include but are not limited to dangerous and hazardous wastes, used oil, batteries, and other waste. If such materials are to be collected, disposed, or recycled, the City agrees to negotiate rates with the Contractor to cover such additional services. 3.5.3 Landfill and Incineration Prohibited. All uncontaminated Recyclable Materials and Yard Waste must be transported and delivered to a Processor as designated by the Contractor in consultation with the City. Without the express written consent of the Director, the Contractor is prohibited from landfill disposal or incineration of collected uncontaminated Recyclable Materials and Yard Waste. Violation of this provision may result in liquidated damages consistent with section 4.7.3 or may be cause for termination of this Contract. 3.5.4 Material Delivery Standards. The Contractor shall endeavor in good faith to deliver Recyclable Materials that meet industry quality standards; permitted contamination levels shall be based on current industry standard requirements and applicable Federal and State regulations and may change from time to time as market conditions change. 1131101 11:45 AM -12- 3.5.5 Eligible Recyclable Materials. Materials to be collected include glass, cans, plastic, mixed paper, cardboard, newspaper and Yard Waste, at standards and levels of contamination determined by the Contractor and the Processor and pursuant to applicable Federal and State regulations. 3.5.6 Yard Waste. The Contractor shall provide for Yard Waste service as follows: (i) Residential. The Contractor shall collect residential Yard Waste, which shall include grass, clippings, leaves, pruning, branches (cut to less than four feet and under four inches in diameter), brush, garden material, weeds, and tree limbs (also cut to less than three feet), together with any other materials that the City and Contractor mutually determine to be recyclable and which are acceptable at the Yard Waste Processor. Materials may be bundled with cotton or other similar organic string only. Acceptable containers for Yard Waste include Garbage Cans with handles, Kraft paper bags capable of supporting their contents, or sturdy cardboard boxes capable of supporting their contents, with a capacity not exceeding thirty-two (32) gallons in volume (approximate) and weighing no more than sixty-five (65)pounds when full. (ii) Commercial. The Contractor shall provide participating Commercial Customers with a brochure outlining what Yard Waste materials are acceptable for collection and how the materials are to be prepared and placed for collection. Educational and promotional activities shall be the responsibility of the Contractor. The Contractor shall use its best efforts to make the program successful. (iii) Other. The Contractor shall dispose of Yard Waste pursuant to KCC 7.03.045 or as authorized by the Director. The Contractor shall cooperate with the City in providing Yard Waste statistics and reports as required by King County Ordinance 9928. Nothing in this section shall prohibit Customers from composting Yard Waste. 3.6 Local Improvements. 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 of preventing the Contractor from traveling any accustomed collection route or routes for limited periods of time. The Contractor shall, however, by whatever method selected, continue to collect Solid Waste, Recyclable Materials, and Yard Waste to the same extent as though no interference existed upon the streets or alleys formerly traversed to the extent practicable. This shall be done without extra cost to the City. 3.7 Contractor's Office. The Contractor shall maintain an office which shall include telephones and such attendants as may be necessary to handle Customer requests for service, complaints, orders for special service or instructions from the Director. The Contractor's office shall be in operation between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. During nonbusiness hours, the Contractor shall provide a telephone response answering machine with a recording or employ an answering service. The recording or answering service shall involve a 1/31ro1 11:45 AM -13- local rather than long-distance telephone call for the Customer and shall state the days and hours the Contractor is open for business. 3.8 Contractor's Records and Audit. 3.8.1 City Access to Contractor Records. The Contractor agrees to maintain such documents and records as required by the City with respect to hauling routes, tonnage recycled or disposed of, and related documentation and any books, documents, papers and records that are directly pertinent to performance of Work under this Contract, excluding financial information and other proprietary information, except to the extent necessary to perform and complete any audit pursuant to Section 5.6. The Contractor shall allow the City or any of its duly authorized representatives access to all such documents and records for the purpose of confirming information reportable under Section 3.8, or pursuant to an audit under Section 5.6, and at reasonable times during the term of the Contract and for two years thereafter for inspection and copying. The Contractor shall include this clause in its contracts with any and all subcontractors, such that the City shall have similar access to subcontractor documents and records. The Contractor and subcontractors shall maintain an adequate system of books and records capable of review; financial audit, as required pursuant to the provisions of this Contract; and copying in order for the City to verify the accuracy of any such records, provided, however, that the City shall not disclose information which may reasonably be construed to be confidential and if divulged may seriously jeopardize the Contractor's competitive position. 3.8.2 Compliance with Law; Documentation; Confidential Business Records. The Contractor, its officers, employees, agents and subcontractors shall comply with applicable federal, state, county, regional or local law, statutes, rules, regulations or ordinances, including those of agencies having jurisdiction over the Contractor's performance under the Contract. The City shall have the right to inspect copies of all correspondence or any other documents sent to or received from the Contractor or its subcontractors related to the Contractor's compliance with applicable law in performance of Work under this Contract, except for correspondence or other documents protected by an attomey-client privilege. The Contractor may designate documents as confidential business records. If so designated, those documents shall be inspected by an independent accountant or other third party designated by the City and approved by the Contractor, acting reasonably; the third party selected shall determine whether the documents are relevant to the Contractor's compliance with applicable law. If the third party determines that the documents are relevant, the City may inspect and copy the documents. For documents that contain both relevant and irrelevant information, the third party may delete any irrelevant information. The third party may at the Contractor's discretion be required to sign a reasonable confidentiality agreement. The requirement of this section shall survive the expiration of the Contract. All unresolved disputes arising under this section that do not rise to the level of a Category A Dispute shall be resolved in accordance with section 4.7.4. 3.8.3 Disclosure Demands. In the event of any demand or claim against the City for disclosure of the Contractor's records under Chapter 42.17 RCW, the City shall notify the Contractor. The Contractor may request nondisclosure, and the City may at its discretion tender defense of the demand or claim to the Contractor. The Contractor shall pay all costs associated 1131101 11:45 AM -14- with such defense, including attorney fees or other costs that may be awarded to the person seeking . disclosure. 3.8.4 Monthly Reports. The Contractor shall furnish to the City monthly reports within thirty (30) days of the end of each month showing the number of tons of Solid Waste hauled by the Contractor to the disposal site during the previous month. Separate records showing tonnage of Recyclable Materials and Yard Waste hauled to Yard Waste Processors shall be reported to the City monthly, in accordance with section 3.5.1. Separate reports shall be submitted showing collection of Solid Waste, Recyclable Materials, and Yard Waste from City facilities. 3.8.5 Dump Receipts. The Contractor shall keep records of Solid Waste collected and charges therefor. Copies of dump receipts shall be maintained by the Contractor and provided to the City upon request. The original dump receipt shall remain in the Contractor's office as part of its permanent records. 3.8.6 Customer Count. The Contractor shall provide the City with a Customer count by the type of Customer, whether Residential or Commercial. 3.8.7 Complaint Log. A daily log of complaints shall be maintained. A copy of the complaint log and any vehicle logs shall be submitted to the City when requested, provided, however, Contractor shall provide quarterly to City a summary of the complaint log. 3.9 Contractor's Employees. 3.9.1 Demeanor. The Contractor shall require its employees to be courteous at all times. The Contractor's employees shall not use loud or profane language and shall do the Work in Residential and Commercial Areas as quietly as possible. Specific questions as to service rates or changes of existing service should be referred to the Contractor's offices and not handled by collection personnel. 3.9.2 Collection Procedures. Collection personnel, in collecting Solid Waste, Recyclable Materials, and Yard Waste shall follow the regular walks for pedestrians while on private property, returning to the street or alley after replacing the empty containers. They shall replace all container covers and close all gates opened by them. Collection personnel shall not trespass or loiter, cross property to adjoining premises, or meddle with property that does not concern them. 3.9.3 Skills. All Contractor's employees shall be competent and skilled in the performance of the Work to which they may be assigned. Failure or delay in the performance of this Contract due to the Contractor's inability to obtain employees of the number and skill required shall constitute a default of the Contract. Should an employee be deemed unsatisfactory by the City, such judgment shall be related in writing to the Contractor. The Contractor will have thirty (30) days to correct the situation to the City's satisfaction. This paragraph shall not interfere with any union contract between the Contractor and any employee or union representatives. 1/3 001 11:45 AM -15- 3.10 Contractor's Equipment. 3.10.1 Collection Vehicles. The Contractor shall provide an adequate number of Solid Waste, Recyclable Materials, and Yard Waste collection vehicles. The vehicles shall be of a type designed and manufactured for (1) the collection of Solid Waste (including the capability of servicing Mobile Cart containers), and of (2) the collection of Recyclable Materials and Yard Waste. 3.10.2 Collection Vehicle Maintenance. Collection vehicles shall be kept in good repair, appearance and sanitary condition at all times. All collection vehicles shall be thoroughly washed and cleaned at least once per week. Each collection vehicle shall have the Contractor's name and telephone number and an identifying number clearly visible on each side of each vehicle, and the identifying number on the rear. No advertising shall be permitted other than the name of the Contractor. The Contractor shall not use a firm name containing the word "City" or any other words implying municipal ownership. Areas used by the Contractor for the storing, parking or repair of collection vehicles within the City shall be kept in a clean and orderly condition. Any equipment found not to comply with the standards delineated in this section shall be taken out of service and brought up to standards before being placed back in City service. 3.10.3 Equipment Ownership. All vehicles, facilities, equipment and property used in the performance of this Contract shall be wholly owned by the Contractor, provided, leasing or rental agreements shall be allowed and conditional sales contracts, mortgages, or other contractual arrangements for financing the purchase of such vehicles and equipment shall be allowed. 3.11 Illegal Weipbts. The Contractor shall not be required to haul detachable containers or drop boxes that are overloaded or filled to a weight which exceeds the legal weight limit. The Contractor may, at its option, require the Customer to remove the excess, or the Contractor may remove the excess itself and charge the cost of removal to the Customer. ARTICLE 4 Guarantees, Insurance and Defaults 4.1 Violation of Ordinance. The Contractor shall report in writing to the Director any observed violation of the provisions of this Contract, Kent City Code Chapter 7.03 or of other relevant city code provisions providing for and regulating the collection, removal and disposal or processing of Solid Waste and Recyclable Materials. The Director shall cause an investigation of the report and, upon receipt of the findings, take appropriate action to obtain compliance with said ordinances. 4.2 Indemnification. 4.2.1 Contractor's Indemnification of City. Except as expressly provided in this section, the Contractor shall at all times during the term of the Contract indemnify, hold harmless 1/31/01 11:45 AM -16- and defend the City, its elected officials, officers, employees, agents and representatives from and against any and all losses, damages, costs, charges, expenses, judgments and liabilities, including attorney fees (collectively, "losses"), directly or indirectly resulting from, arising out of, or related to any occurrence, conduct, or operation including, but not limited to negligent or willful misconduct of or by the Contractor in performing Work under this Contract, including but not limited to one or more claims described in section 4.2.2. The indemnity provided in this section shall not apply to losses to the extent attributable to the negligence or intentional acts of the City, its agents or employees. 4.2.2 Claims Subject to Indemnification. The term "claims" as used in this section means all claims, lawsuits, causes of action, damages, penalties, charges, judgments, losses, liabilities of any character or kind and other legal actions and proceedings of any nature, whether or not asserted in a judicial foram, including but not limited to claims, lawsuits, causes of action, and other legal actions and proceedings involving bodily or personal injury or death of any person or damage to any property(including but not limited to persons employed by the City, the Contractor or any other person and all property owned or claimed by the City, the Contractor, any affiliate of the Contractor or any other person)that are in any way connected with: a. The performance or nonperformance of any provision or requirement of the Contract by the Contractor, its officers, employees, subcontractors, agents or servants; _ b. Any act or omission of the Contractor, its officers, employees, subcontractors, agents or servants at any of the Facilities; or C. The failure of the Contractor, its officers, employees, subcontractors, agents or servants to comply in any respect with the provisions and requirements of all applicable permits, licenses, laws, statutes, regulations, ordinances, codes, orders and all other legal requirements of federal, state, regional, County and local government entities and agencies having jurisdiction over the County Facilities or relevant activities of the Contractor. 4.2.3 City Liability to Contractor. The City shall not be liable to the Contractor for, and the Contractor hereby releases the City from, all liability for any injuries, damages or destruction to all or a part of any property owned or claimed by the Contractor that directly or indirectly results from, arises out of or is related to the Services under this Contract, except to the extent that liability as between the City and the Contractor arises from the negligence or intentional acts of the City, its agents or employees. 4.2.4 Notice to Contractor; Defense. In the event an action is brought against the City for which indemnity may be sought against the Contractor, the City shall promptly notify the Contractor in writing. The Contractor shall have the right to assume the investigation and defense, including the employment of counsel and the payment of all expenses. On demand of the City, the Contractor shall at its own cost and expense defend, and provide qualified attorneys acceptable to the City under service contracts acceptable to the City to defend, the City, its officers, employees, agents and servants against any claim in any way connected with the events described in section 4.2.2. 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. 1/31/01 11:45 AM -17- 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. 4.2.5 Applicability of RCW 4.24.115. If a court of competent jurisdiction determines that the Contract is subject to RCW 4.24.115, the Contractor's liability to indemnify the City for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of the Contractor and the City shall be limited to the Contractor's negligence. 4.2.6 Indemnification for Claims of Contractor's Employ. It is further specifically and expressly understood that the indemnification provided in this section extends to suits against the City for injuries sustained by any person directly or indirectly employed by the Contractor. However, the City shall assert in any claim made by a person employed by the Contractor that the employee's remedy is limited to that provided under applicable workers' compensation statutes. 4.2.7 Royalties; License Fees; Patents. The Contractor shall pay all royalties and license fees, shall defend all suits or claims or any patent infringements that may occur in the performance of the Contract and shall hold the City harmless from any loss on account thereof. 4.2.8 No Indemnity Waiver. With respect to claims against the City, its officers, agents and employees, by an employee of the Contractor for any injury, sickness or death suffered by the employee which is caused by or arises out of the Contractor's exercise of rights or privileges granted by this Contract, Contractor agrees that it will not rely on its immunity under industrial insurance, Title 51 RCW, as a release or as ground for avoiding the Contractor's obligations to hold harmless, indemnify and defend the City as provided for in this section, and agrees to waive such immunity. This waiver is mutually agreed to by the parties. The provisions of this section shall survive termination or expiration of the Contract. 4.2.9 Indemnification Surviving Termination. The indemnification provisions of section 4.2 shall survive termination of this agreement 4.3 Damage to Property. 4.3.1 If any City property of any kind is damaged by reason of the Contractor's operations under this Contract, the Contractor shall repair or replace the same after being notified in writing of the damages, or if the Contractor fails to do so promptly, the City may cause repairs or replacements to be made, and the cost of doing so shall be paid by the Contractor to the City. 4.3.2 The City shall not be liable to the Contractor for any loss or damage, except to the extent of any loss or damage occurring as a result of the negligence or willful misconduct of the City, its elected officials, officers, employees or agents. 1/31/01 11:45 AM -18- 4.3.3 The Contractor shall not be liable to the City or any other person for the damage done to privately owned Solid Waste or Recyclable Materials containers other than loss or damage occurring directly as a result of negligence or carelessness of the Contractor, its employees or agents. 4.4 Liability Insurance. 4.4.1 General Requirements. The Contractor at its own expense shall provide and maintain in full force and effect during the entire term of this Contract, or any renewal thereof, a policy providing for a limit of not less than $1,000,000 combined single limit bodily injury and property damage liability, including auto liability and contractors' liability. The Contractor must also provide evidence of workers' compensation insurance. The certificate of such insurance shall be filed with the City Clerk prior to the execution of this Contract and shall provide for thirty (30) days' written notice to the City of any cancellations or lapse of such policy. Coverage shall not be reduced below the limits set forth in section 4.4.3. The Contractor shall furnish the City with a certificate of insurance naming the City, its elected and appointed officials, agents and employees, as additional insureds with respect to the Contract. In the event that the City awards other Contract elements to Contractor, no additional liability insurance amount will be required. 4.4.2 Coverages of Liability Policy. The liability insurance policy and an endorsement thereto, as evidenced by the certificate of insurance, shall provide the following minimum coverages and limits and contain the following provisions: Extended Bodily Injury Employees as Additional Insureds Premises/Operations Liability(M&C) Owners' and Contractors' Protective Liability Products and Completed Operations Liability Blanket Contractual Liability Broad Form Property Damage Liability(including completed operations) Personal Injury coverage A, B and C with no employee exclusion Stop Gap or Employers' Contingent Liability Automobile Liability, incl. coverage for owned, non-owned, leased or hired vehicles Explosion,Collapse,Underground damage (refereed to as"X.C.U.") 4.4.3 Minimum Limits. All coverages shall be $1,000,000 per occurrence, provided that coverage in this stated amount shall not be construed to relieve the Contractor from liability in excess of such limits. The City shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. The Contractor shall assess its own risks and, if it deems appropriate and prudent,maintain greater limits. 1/31/01 11:45 AM -19- 4.4.4 Required Endorsements. The Certificate of Insurance shall include the following endorsement for additional insureds: The City of Kent is named additional insureds for all coverages provided by this policy of insurance and shall be fully and completely protected to the full extent of coverage of the policy from all claims and risks by this policy and for any and every injury, death, damage and/or loss of any sort whatsoever, including consequential damages sustained by any person, organization or corporation in connection with any activity performed by the Contractor under the provisions of that Contract between the City of Kent and Kent Meridian Disposal entitled Solid Waste Collection and Disposal, Recycling and Processing Contract, April 1, 2001, to March 31, 2011. The coverage shall contain no special limitations on the scope of protection afforded to the City (as defined in that Contract), its officials, employees or volunteers. The coverages provided by this policy to the City or any other named insured shall not be terminated, lapse, or be reduced in any respect without providing at least thirty(30) calendar days prior written notice by certified mail to the Director of Public Works, City of Kent, City Hall, 220 Fourth Avenue South, Kent, Washington 98032. The coverages provided by this policy shall be primary to any insurance -- maintained by the City of Kent. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance and shall not contribute with it." 4.4.5 ACORD Form. If an "ACORD" form of Certificate of Insurance is provided to the City pursuant to this section, it must be modified in the following manner: The following wording at top of the ACORD Form shall be deleted in its entirety: "This Certificate is issued as a matter of information only and confers no right upon the certificate holder." Wording at bottom of the ACORD Form that states, "Should any of the above- described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail _ days written notice to the below Certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company," shall be changed to read: "Should any of the above-described policies be canceled, lapse, or be reduced as to coverage before the expiration date thereof, the issuing company shall mail thirty (30) calendar days' prior written notice to the below-named Certificate holder and Additional Insureds, the City of Kent, by certified mail." 4.4.6 Compliance Required. Failure of the Contractor to maintain any and all of the terms of the foregoing insurance provisions shall be considered a "Category A Default" in 1/31/01 11:45 AM -20- accordance with section 4.7.1 of this Contract and cause for immediate termination at any time at the option of the City. 4.5 Payment of Claims. 4.5.1 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 and further agrees to comply with all the provisions of federal, state, County and City laws and ordinances affecting, directly or indirectly, the subject matter of this Contract. 4.5.2 The Contractor shall provide for the prompt and efficient handling of all complaints and claims arising out of the operations of the Contractor under this Contract. The Contractor agrees that all such complaints and claims, whether processed by the Contractor or Contractor's insurer, either directly or by means of an agent, will be administered to and resolved by a person with a permanent office in the Kent-Seattle area. 4.6 Liens. 4.6.1 Authori . This Contract is in furtherance of and consistent with the City's authority under the Washington State Constitution, Chapters 35A.80, 35.21 and 35.67 RCW, and Kent City Code ("KCC") section 7.03.110. Uniformity of Solid Waste handling services, and collection of accounts for such services, is in the public interest and in the interest of the City's Solid Waste Utility. In order that the Contractor shall not be inconvenienced, or that Customers of the Contractor bear costs of the noncompliance of other Customers, KCC section 7.03.110 provides for the enforcement and collection of liens for delinquent accounts of the Contractor. KCC section 7.03.110 includes but is not limited to those rights provided in RCW 35.21.140 and RCW 35.21.150. 4.6.2 Procedure. Upon a Customer's failure to pay charges for Solid Waste collection and disposal and/or Recyclable Materials collection and processing within the time provided for in invoices issued by the Contractor, the amount thereof shall become a lien against the property for which the Solid Waste and/or Recyclable Materials collection services are rendered. The Contractor shall, within ninety (90) days of the date services were rendered or the end of the period covered by the charges, file with the County Auditor in accordance with RCW 35.21.140 a Notice of Lien in writing, identifying the delinquent account Customer, the charges due, the period covered by the charges and the legal description of the premises sought to be charged. The.Contractor shall have eight (8) months from the time of filing the Notice of Lien to bring an action to foreclose the lien, in the manner and within the time prescribed in RCW 35.21.140. Prior to initiating foreclosure proceedings, the Contractor shall submit the Notice of Lien to the City Attorney for review and written approval authorizing the Contractor to commence foreclosure proceedings. The City reserves the right to prosecute the lien procedures provided for in this section, and all costs incurred by the City shall be the obligation of the Contractor. 4.6.3 Lien Foreclosure - Indemnification. The City makes no representations or warranties as to the validity of the authority granted to the Contractor to implement lien procedures V3110111:45 AM -21- under this section. In exercising the authority granted in this section, the Contractor acknowledges "^ that it is fully responsible for all procedures related to the filing and foreclosing of liens. In exercising this authority, the Contractor acts at its own risk and accepts full responsibility for all proceedings and actions taken. The City is separately and specifically indemnified and held harmless by the Contractor from any actions by the Contractor arising under this section, in addition to the indemnification rights set forth in section 4.2. This indemnification provision shall survive termination of this Contract. 4.7 Default: Failure to Perform Contractual Obligations. 4.7.1 Contractor Default. In addition to any rights set out elsewhere in this Contract, the City reserves the right to declare the Contractor to be in default of this Contract and all of Contractor's rights thereunder. There shall be two (2) categories of default by the Contractor in its performance under this Contract: a. CateQory A Default. Each of the following shall constitute a Category A Default under this Contract: (i) Failure to commence the collection of Solid Waste and/or Recyclable Materials or failure to provide a substantial portion of Service under this Contract for a period of more than five (5) days; (ii) Failure to obtain and/or maintain any permit required by the -- City or any federal, state or other regulatory body as required under this Contract; (iii) Failure to procure and/or maintain liability insurance as required under section 4.4; (iv) Failure to maintain accurate records and failure to provide the City with reasonable access to records in accordance with section 3.8; (v) Failure to implement and/or maintain the nondiscrimination standards as provided in section 6.11; (vi) Failure to implement and/or maintain the nonassignment provisions of section 6.2.1; (vii) Failure to implement and/or maintain the change in control standards of section 6.2.2; (viii) Failure to indemnify the City as provided in section 4.2; (ix) Failure to comply with applicable laws in accordance with section 3.8.2; 1/31/01 11:45 AM -22- (x) Failure to comply with Solid Waste or Recyclable Materials standards, thereby creating a hazard to public health or safety; and/or (xi) Failure to cease repeated or persistent Category B Defaults. b. Category B Default. All acts or omissions described under section 4.7.3 involving Liquidated Damages shall constitute a Category B Default. Disputes involving Category B Defaults shall be resolved in accordance with the Dispute Resolution provisions of section 4.7.4. 4.7.2 Consequences of Category A Default. In the event of a Category A Default, and absent a justification acceptable to the City, the City shall give the Contractor thirty (30) days' prior written notice of its intent to exercise its rights under this section, stating the reasons for such action. If the Contractor cures the stated reason within the thirty (30) day period, or if the Contractor initiates efforts satisfactory to the City to remedy the stated reason and the efforts continue in good faith, the City shall not exercise its rights under this section for the particular incident. If the Contractor fails to cure the stated reason within the thirty (30) day notice period, or if the Contractor does not undertake efforts satisfactory to the City to remedy the stated reason, the City may exercise its police authority and all other authority set forth in this section. The City may then notify the Contractor, declare a Category A Default of this Contract and order the Contractor to discontinue any further Service thereunder, and a copy of that notice shall be sent to the _ Contractor. Upon receipt of such notice, Contractor shall promptly discontinue the Work. The City shall then have the right to take other action it deems advisable. The City shall be entitled to recover from the Contractor as damages all expenses incurred, including reasonable attorney fees, together with all such additional sums as may be necessary to complete the Work, together with any further damages sustained or to be sustained by the City. In the event of a Category A Default or repeated or persistent Category B Defaults, the City may at its sole option pursue any or all of the following: a. Be released from its obligations under this Contract and use any other method or person to perform those Services; b. Seek the judicial remedy of specific performance; C. Pursue any other remedy available at law or equity. 4.7.3 Category B Default: Liquidated Damages. The following acts or omissions shall be considered a Category B Default by the Contractor. Because a breach of the Services provided for within the Contract would cause serious and substantial damages to the City and its - occupants, and the nature of the Contract would render it impracticable or extremely difficult to fix the actual damage sustained by the City by such breach, the Contractor agrees that in case of breach 1/31/01 11:45 AM -23- of Service, the City may elect to collect liquidated damages for each such breach, and the Contractor will pay to the City, as liquidated damages and not as a penalty, the amounts set forth below, such sums being agreed as the amount for which the City will be damaged by breach of such Service. Each collection vehicle on each route shall be considered a separate incident. All damages are subject to annual adjustment in the same percentage as the adjustments in rates under section 5.3. Such liquidated damages as the City shall elect to collect will be paid by the Contractor upon thirty (30) days' notice from the City. Violations of any specifications in this Contract shall be subject to a fine of $50 per occurrence unless otherwise indicated. Act or Omission Liquidated Damages 1. Any collection vehicle beginning Residential $75 per occurrence. or Commercial collection prior to the time designated under section 3.1.2. 2. Failure of Contractor to maintain $100 per occurrence. clean and sanitary vehicles and Contractor Facilities consistent with section 3.11.2. 3. Same Customer pickup missed three $100. (3) times in a six-month period through no fault of the Customer. 4. More than three(3)verified $150. complaints in a six-month period from the same Customer for failure to replace cans or containers in designated locations, spilling,not closing gate, crossing planted areas, or similar violations. 5. Failure to comply with the Holiday $150. Schedule of section 3.1.4. 6. Failure of Contractor to collect $200 after 24 hours; a missed pickup within 24 hours of $400 after 48 hours; notification,provided the miss was $200 for each reported within 48 hours of the miss additional 24 hours. (weekends excepted). 1 1131101 1 1:45 AM -24- 7. Knowing misrepresentation by $500 per incident. Contractor in records or failure to provide records in accordance with section 3.8. 8. Landfilling or burning uncontaminated $1,000 per vehicle, Recyclable Materials without per incident. written permission from the City. 9. Failure to attach a correction tag $10 per incident, notice on noncollected materials to a maximum of$100 or failure to notify the City per truck per day. consistent with section 3.1.6. 10. Failure to collect spillage caused Twice the cost of by Contractor consistent with cleanup to City. section 3.4.1. 11. Failure to deliver Mobile Cart $10 per incident per Solid Waste containers, Recyclable area for first week; Materials, and Yard Waste containers to new $50 per incident per Customers consistent with area for second week; section 3.3.1. $100 per incident per area for third and each successive week. 12. Collection from premises on days $25 per incident, to other than previously specified or a maximum of$250 per authorized by the Director(except truck per day. for collection misses or for inclement weather determinations under section 3.1.5). 13. Failure to submit required $100 per day until section 3.8.4 reports on time. report received, plus withholding of any unit price tipping fees due. 14. Failure of Contractor to provide $100 per day. or maintain adequate insurance in the types or amounts required by section 4.4. 1/31/01 11.45 AM -25- Nothing in this section shall be construed as providing an exclusive list of the acts or omissions of the Contractor that shall be considered Category B Defaults of the Contract, and the City reserves the right to exercise any and all remedies that it may have with respect to these and other defaults, violations and breaches. Liquidated damages may be levied if documented in an incident report presented by the City to the Contractor. The City reserves the right to make periodic, unscheduled inspection visits to determine the Contractor's compliance with the Contract terms. Any liquidated damages may be appealed by the Contractor to the Director; disagreements will be subject to the Dispute Resolution provisions provided in section 4.7.4. 4.7.4 Dispute Resolution. All claims, controversies, disputes and other matters in question arising out of or relating to a Category B Default ("claim(s)") under this Contract shall, in the first instance, be the subject of a meeting between the parties to negotiate a resolution of the Category B Default. If within fifteen (15) days after the meeting, the parties are unable to settle any dispute, difference or claim arising from the parties'performance of this Contract, the exclusive means of resolving that dispute, difference or claim, shall only be filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court located in Kent, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'performance of this Contract, each party shall pay its legal costs:and attorneys fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 4.2 of this Contract. This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 4.7.5 Enforcement of Contract. In the event of dispute or litigation under a claimed Category A Default under this Contract, the City and the Contractor each shall bear its own attorney fees, costs and expenses. 4.7.6 Right to Require Performance. The failure of the City at any time to require performance by the Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Waiver by the City or any breach of any provision hereof shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any portion itself. 4.7.7 Interruption of Contract Services. Notwithstanding the provisions of this section, a delay or interruption in the performance of all or any part of the Contract resulting from causes beyond the Contractor's control shall not alone be deemed to be a default of the Contract, and the rights and remedies of the City provided for herein shall be inapplicable. 4.8 Bankruptcy. If the Contractor is adjudicated bankrupt, either voluntarily or involuntarily, this Contract, at the option of the City, may be terminated effective on the day and at the time the bankruptcy petition is filed. 1/31/01 11:45 AM -26- 4.9 Force Majeure. 4.9.1 Except as may be otherwise expressly provided herein, no Party will be liable to the other for any delay in, or failure of, performance of any of its obligations hereunder where performance of such obligations is prevented or delayed by acts of God (except normal weather conditions for the Kent-Seattle area), fire, explosion, accident, flood, epidemic, war, riot, rebellion, or interruption or rationing of fuel supply. No other acts or occurrences shall be considered as uncontrollable circumstances relieving the parties of their obligations hereunder. 4.9.2 a. A strike or other labor dispute not involving Contractor's employees, preventing Contractor's performance under this Contract, shall also be considered an incident of force majeure under this section 4.9. b. In the event of strike or labor dispute involving Contractor's employees, the City and Contractor shall meet to determine the appropriate manner of continuing public service under the Contract. While not relieving Contractor of obligations under the Contract, the City shall cooperate with Contractor in providing for the continuation of services in the interest of public health and safety. ARTICLE 5 Rates and Adiustments 5.1 Commercial Rates. In order to insure rate parity and consistency to all commercial accounts in the City, the rates in existence immediately preceding the execution of this Contract for commercial service for the Contractor and for Waste Management of Washington, Inc., d/b/a Tri- Star Disposal shall be added together and divided by two (2) and the resulting average set forth in Appendix C shall be the rate charged by the Contractor during the term of this Contract. 5.2 Residential Rates. Rates set forth in the attached Appendix D, shall remain in effect until such time as rate adjustments are approved by the City, provided, however, Contractor shall continue to maintain a lifeline rate for qualifying Customers, subject to Contractor's rights under section 5.4. Pursuant to City of Kent Resolution No. 980, the lifeline rate currently provides reduced utility rates for individuals sixty-two (62) years of age and older who have combined disposable household annual income of$30,000.00 or less. 5.3 Residential and Commercial Rate Adjustments (CPI). Rate adjustments shall not become effective until approved by the City. Beginning with year two of this Contract, rates and charges shall be increased or decreased annually effective the l st day of April of each year, by taking the fees in effect during March of each year and adjusting such fee by eighty percent (80%) of the percentage change in the Consumer Price Index ("CPI") (wage earners and clerical workers- CPI-W) for the Seattle area published by the Bureau of Labor Statistics based upon the total price index change for all items as compared to the preceding twelve (12) months (January to - December); 1/3MI 11:45 AM -27- Contractor shall give notice to City no later than February 1 or the date of publication of the CPI,whichever is later, of each year of proposed changes in rates and charges. Contractor may seek City approval of one additional rate adjustment in any 12- month period (April to March) if in any consecutive six months during that period increase in the CPI is greater than six (6)percent. 5.4 Residential and Commercial Rate Adjustments — (otherl. Contractor's rate adjustments for services for: a. Any increase to dump fee costs not associated with a change in CPI; and b. Unusual costs, such as changes in law, shall be deemed approved by City if sixty (60) days following written notice by Contractor of the rate adjustment, the City does not elect, by written notice to Contractor, to review the proposed adjustment, provided, Contractor's time for written notice and effective date of rate adjustment may be reduced if notice of dump fee or unusual costs is not received by Contractor from King County or other disposal site, or regulatory agency, sixty (60) days prior to the effective date of the cost change, provided, further, the Contractor's implementation of such rate adjustment with less than sixty (60) days notice shall be subject at City option to subsequent rate audit under section 5.6. Contractor's notice to City shall include detailed bases for the proposed adjustment, including information concerning the Contractor's allocation of costs of service (e.g., transportation, disposal) within present and proposed rates. _ C. In addition to rate adjustments under subsections (a) and (b), Contractor may petition for rate adjustments to reflect justified increases in operating expenses, not associated with changes under subsections (a) and (b). Such request shall be limited to once per year(January to December). 5.5 Approval and Effective Date. Contractor's request for proposed rate adjustment shall not be unreasonably denied. The effective date of the rate adjustment shall be the date of notice to the City requesting the proposed rate adjustment or the effective date of the increased cost to Contractor,whichever is later. 5.6 Rate Audit. In the event of dispute involving rate adjustments under sections 5.3, 5.4, and 5.5: 5.6.1 Contractor's proposal shall be submitted for independent audit and review; and 5.6.2 The auditor shall be selected by mutual agreement of City and Contractor. The Costs of the audit will be the responsibility of the Contractor. If the audit indicates a rate adjustment is justified, approval of the adjustment by the City shall not be unreasonably denied. The audit shall be completed within thirty(30) days. 1131101 11:45 AM -28- 5.6.3 All unresolved disputes arising under this section shall be resolved in accordance with section 4.7.4. 5.7 Dump Fees. The rate for dump fees shall be those fees established by King County, or its successor entity as approved by the City, for disposal of municipal solid waste collected under this Contract. 5.8 Billing and Pa ent. Billing and payment shall be in accordance with the WUTC guidelines with respect to such. 5.9 Collection. The Contractor shall have all right to and responsibility for collection of accounts for charges and Services to Customers under this Contract. 5.10 City Fees or Taxes. The City currently levies a tax on Contractor's Services, and such tax is reflected in billings to Customers. If during the term of this Contract, the City levies or imposes an additional or increased fee and/or tax on Contractor's Services hereunder, Contractor shall have the right to make adjustments in rates consistent with this section. ARTICLE 6 Miscellaneous Provisions 6.1 Independent Contractor. 6.1.1 Contractor as Independent Contractor. The parties intend that an independent contractor-employer relationship will be created by this Contract. As Contractor is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub-contractor of Contractor shall be or shall be deemed to be the employee, agent, representative or sub-contractor of the City. In the performance of the work, Contractor is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Contract. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives, or sub-contractors of the Contractor. Contractor will be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees,representatives and sub-contractors during the performance of this Contract. 6.1.2 Contractor's Control of Project. The Contractor shall have the exclusive right to control the Services and Work performed under the Contract and the persons performing those Services and Work. The Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. Nothing in the Contract creates or shall be construed to create a partnership or joint venture between the City and the Contractor and nothing in the Contract shall be construed as giving the City a duty to supervise or control the acts or omissions of any person performing Services or Work under the Contract. 1131/01 11:45 AM -29- 6.2 Assignment. 6.2.1 Nonassignment of the Contract. The Contract or any interest therein or part thereof shall not be assigned, whether by operation of law or otherwise, nor shall any part thereof be subcontracted without the prior written consent of the City first having been obtained, which consent shall not be unreasonably withheld. The City reserves the right to cancel or terminate the Contract at any time in case the Contractor fails to obtain City approval. 6.2.2 Change in Control. Any change in control or the transfer of a controlling interest in the ownership of the Contractor shall constitute a default under the terms of the Contract, unless the City consents to that transfer which consent shall not be unreasonably withheld. "The transfer of a controlling interest of Contractor" shall include but is not limited to the transfer of fifty(50)percent or more of the voting stock or the ownership of the Contractor to or from a single entity, unless the City, at the Contractor's request, approves that transfer in writing. However, 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 as of April 1, 2001, shall not be construed as the transfer of a controlling interest of the Contractor. If the City determines that the new ownership can adequately and faithfully render the service required in the Contract for the remaining term of the Contract, the City may elect to execute a novation, allowing the new ownership to assume the rights and duties of the Contract and release the previous ownership of all obligation and liability. The new ownership would then be solely liable for any work and/or claims related to the Contract. The term "transfer"includes a sale, merger, or change in ownership by operation of law, the issuance of new shares, or conversion of shares without voting rights to voting shares. "Voting stock"means the shares entitled to vote for election of the directors of the corporation. 6.2.3 Binding Effect. The Contract shall be binding on any and all successors or assignees of the Contractor or the City in accordance with this Article. 6.3 Applicable Law. The Contract is made in and shall be construed under the laws of the State of Washington. 6.4 Quality of Performance. The Contractor and its officers, employees, agents and subcontractors shall perform every act or service to be performed under the Contract in a skillful and competent manner in accordance with the highest standards of the Solid Waste collection, transportation and recycling industries. The Contractor shall be responsible to the City for any errors, deficiencies or failures to perform the Contract. 6.5 Contract. 6.5.1 Meaning of Contract Terns. The meaning of terms and words herein shall be as defined in Kent City Code ("KCC") Chapter 7.03. Terms and words regarding Commercial Recycling shall have the meanings set forth in King County Code §§ 10.18.010-.100. Unless otherwise specifically defined as provided herein, words describing materials or work that have a 1/31/01 11:45 AM -30- well-known technical or trade meaning shall be construed in accordance with the well-known meaning generally recognized by solid waste and recycling professionals, engineers and trades. 6.5.2 Definitions Defined in RCW 70.95 and WAC 173-304. Definitions of capacity savings, collections savings, disposal savings, energy recovery, environmental savings, functional standards, landfill, solid waste, tipping fee, volume reduction, waste recycling, and waste reduction referred to in this Contract are defined in the Washington State Solid Waste Management Recovery and Recycling Act, Chapter 70.95 RCW, and regulations promulgated by the Department of Ecology at Chapter 173-304 WAC, and are incorporated herein by this reference. 6.5.3 Conflicting, Definitions. In the event that definitions contained in this Contract conflict with Kent City Code Chapter 7.03, the provisions of Kent City Code Chapter 7.03 shall apply. 6.5.4 Amendments to Referenced Citations. It is acknowledged and understood that Chapter 173-304 WAC may be recodified in the near future. Accordingly, it is agreed that all references to citations of the Revised Code of Washington, Washington Administrative Code, and the Kent City Code, or ordinances and resolutions of the City of Kent, shall mean the citations as currently enacted and as hereinafter amended or recodified. 6.5.5 Entire Contract. This Contract and the Appendices attached hereto contain the entire Contract between the Parties as to the matters contained herein. Any oral representations or modifications concerning this Contract shall be of no force and effect. Each of the Parties acknowledges and represents to the other Parties that it is executing this Contract solely in reliance upon its own judgment and knowledge and that of its counsel, and that it is not executing this Contract based upon any representation or covenant of any other Party, or anyone acting on such Party's behalf, except as expressly stated herein. 6.5.6 Amendment. This Contract may be modified or amended only by a written agreement duly executed hereto by authorized representatives of the Contractor and the City. 6.5.7 Successors. This Contract shall inure to the benefit of and shall be binding on the Parties, their successors and assigns. 6.6 Intent of Contract Documents. 6.6.1 Comprehensive Contract. All Services that are necessary to complete and carry out the Contract requirements as provided herein shall be considered the Services to be performed by the Contractor without extra compensation unless otherwise expressly stated. 6.6.2 Comprehensive Services. Unless expressly agreed otherwise, the Contractor shall provide and pay for all collection, transfer, transport and disposal site access, services, operation, labor, overtime labor, standby labor, methods, materials, equipment, transportation, power, fuel, water, taxes and all other Contractor Facilities and Services of any kind necessary to perform under the Contract. 1/31/01 11:43 AM -31- 6.6.3 No Waiver of Governmental Powers. It is understood and agreed that, by execution of the Contract, the City does not waive or surrender any of its governmental powers. 6.7 Facilities and Personnel. The Contractor warrants that the Contractor Facilities and personnel used in the performance of the Contract shall conform to the requirements of the Contract and the design, operation and training requirements of the Contract and applicable law. 6.8 Time of the Essence. Time limits stated in the Contract are of the essence. No waiver of the Contract time limits or schedule dates is to be implied from any Party's failure to object to untimely performance under the Contract. Any waiver of time limits or schedules shall not be construed as a waiver of any future time limits or schedules. 6.9 Payment of Subcontractors and Agents. Unless a reasonable dispute exists concerning payment, the Contractor shall promptly pay all subcontractors, materialmen, suppliers or laborers engaged for purposes of the Contract in accordance with the contract or agreement between that person and the Contractor. The Contractor agrees promptly to remove, have removed or bond in accordance with Washington law any liens or encumbrances that, because of any act or default of the Contractor, its officers, employees, agents, subcontractors, sub-subcontractors, material suppliers or County Facility owners, are filed against a County Facility or against any real or personal property required to fully perform the Contract. If the Contractor does not promptly pay all subcontractors, materialmen, suppliers, or laborers in accordance with this section, the Contractor agrees to defend, indemnify and hold the City harmless in accordance with Article 4. 6.10 Third-Party Beneficiaries. The Contract is entered into by the City in its governmental capacity and is not intended to nor does it create.any third-party beneficiary or other rights in any private person. The Contract does create certain rights in the City with respect to the Contractor; those rights may be exercised only by and through the City. 6.11 Personnel Practices; Nondiscrimination. The Contractor shall 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 nondisqualifying sensory, mental or physical disability, unless based on a bona fide occupational qualification. The Contractor shall take affirmative action to ensure that applicants are selected for employment and that employees are treated during employment without regard to their creed, religion, race, color, sex, national origin, or the presence of any nondisqualifying sensory,mental or physical disability. 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 shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Director setting forth the provisions of this nondiscrimination clause. The Contractor understands and agrees that if it violates this nondiscrimination 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 irwoi 11:45 AM -32- the City that discriminatory practices have terminated and that recurrence of such action is unlikely. Prior to any action on any claimed violation of this provision, Contractor shall be entitled to notice of the alleged violation and a period of thirty (30) days to respond and/or correct any deficiency. 6.12 OSHA/WISHA. The Contractor must comply with the requirements 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. The Contractor shall indemnify and hold harmless the City from all damages assessed for the Contractor's failure to comply with the Acts and standards issued thereunder. The Contractor shall meet all pertinent local, state, and federal health and environmental regulations and standards applying to the operation of all Facilities, Work and Services under this Contract. 6.13 Contract Administration;Notices. 6.13.1 City of Kent Representative. This Contract shall be administered by the City of Kent Department of Public Works. The City's designated representative for purposes of this Contract shall be: Director of Public Works Kent City Hall 220- 4th Avenue South Kent, Washington 98032 (206) 859-3383 6.13.2 Contractor's Representative. The Contractor shall designate and provide the services of a competent representative for the term of the Contract. The Contractor's representative shall be the Contractor's agent and shall represent the Contractor for all purposes under the Contract. All directions, instructions or notices given by the City to that representative shall bind the Contractor as if delivered to the Contractor personally. The representative shall have authority to act on behalf of the Contractor; the statements, representations, actions and commitments of the Contractor's representatives shall fully bind the Contractor. The Contractor's designated representative shall be: Steven J. Caputo Kent-Meridian Disposal 22010 76th Avenue South Kent, Washington 98032 (253) 652-8831 6.13.3 Notices. The City or the Contractor may change its designated representative at any time by written notice. Notices required pursuant to this Contract shall be hand delivered,telefaxed, or sent by registered mail or by private independent courier. Any written notice under the Contract shall be deemed served when delivered in person to the person to whom it was intended, or if sent by registered mail, return receipt requested, when mailed to that person at 1/31/01 11:45 AM -33- the contact person's address. The date or time of service shall be the date or time the relevant document was mailed to or personally delivered at the designated representative's address. Either Party shall have the right to designate a new address for the receipt of notices by giving written notice as herein provided, but notwithstanding the foregoing, such notice of a new address shall not be effective until actually received by the other Parties. 6.14 Taxes,Permits and Fees. 6.14.1 Contractor's Permits and Licenses. The Contractor shall obtain at its own expense all permits and licenses required by the City or any other governmental authority and maintain the same in full force and effect during the term of this Contract. The Contractor shall pay promptly and before delinquency any and all taxes, fees and charges of every type required by law and, upon request by the City, shall furnish evidence of such timely payment. 6.14.2 Other Taxes. The Contractor shall be solely responsible for all taxes, fees and charges incurred, including but not limited to license fees; all federal, state, regional, county and local taxes and fees, including but not limited to 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 Contract; business and occupation taxes; workers' compensation and unemployment benefits. The extent, if any, to which the Contractor will be permitted to adjust rates for cost increases due to the imposition of or increase in the rate of taxes, fees, or surcharges is set forth in Article 5. Fees or taxes imposed as an administrative fee or surcharge on the collection of Solid Waste shall give rise to adjustment discussions as provided for in sections 5.4. 6.15 Fines: Penalties. The Contractor shall be liable for all fines or penalties imposed by any government agency for Contractor - caused violations of permits, licenses, certificates, laws or regulations; the City shall not be liable for and shall not reimburse the Contractor through a rate increase or otherwise for any fine or penalty imposed. The Contractor reserves the right to contest any fine or penalty in administrative proceedings or in court prior to its payment. 6.16 Dissolution of the City and Successor to the City. In the event that the City is dissolved or its Solid Waste or Recyclable Materials functions and powers relative to the Contract are taken from the City by legislative act or referendum of the people, all of the duties, rights and remedies of the City under the Contract shall remain in full force and effect and shall be transferred to either: (1)the successor to the City as specified by the legislative act or referendum by which the City is dissolved; or (2) if no successor to the City is specified by the relevant legislation or referendum, the State of Washington; however, the Contractor may terminate its obligations under the Contract if the State of Washington does not agree to be bound by the provisions of the Contract. 6.17 No Personal Liabilitv. The Contract is not intended to and shall not be construed to create or result in any personal liability for any public official or City employee or agent. 1131101 11:45 AM -34- 6.18 Severability. If any Contract provision is declared void, invalid or unenforceable under any applicable law, the remaining provisions of the Contract shall remain in full force and effect and shall bind the Parties. 6.19 Waivers. The City's or Contractor's failure to object to a breach of any Contract provision is not and shall not be construed as a waiver of those provisions. The payment or acceptance of compensation subsequent to any breach is not and shall not be construed as an acceptance of that breach. All waivers must be in writing and supported by consideration. 6.20 Disagreements. Any dispute that cannot otherwise be resolved between the Parties during the term of this Contract shall be subject to the dispute resolution provisions of section 4.7.5. 6.21 Governmental Authority. Nothing in this Contract shall prevent or limit the City's exercise of its police power,power of eminent domain, or other governmental authority. EXECUTED on the day and year first hereinabove written. CITY OF KENT By: Print Name: Jim White Title: Mayor Date: KENT-MERIDIAN DISPOSAL By: Its: Date: Approved as to Form: Roger A. Lubovich, City Attorney >.cmnn�s'Qo�rrroi�w.n+.�rc..ne.m:u,nrwH.a: 1/31/01 11.45 AM -35- I1 ., �*. APPENDIX "A" Leeal Description for Core Area Garbage Collection Service beginning at the corner of S. 192nd Street and 80 Avenue S. (NE comer of Section 1, Township ("T") 22 N, Range ("R") 4 E, WM)l; thence south on the center line of 84'h Avenue S.to the intersection of S. 228`h Street;thence east to the east line of the W '/2 of the NW '/4 of Section 18, T 22 N, R 5 E, WM; thence south along said east line to its intersection with Hazel Avenue/Statson Avenue (north line of the S '/2 of SW '/4 of Section 18,T 22 N, R 5 E, WM);thence east along said north line to the east line of the W '/2 of Section 18,T 22 N, R 5 E; thence south along east line to the south line of Section 18,T 22 N,R 5 E (S. 240`h Street); thence east along S. 240`h Street to the intersection of S. Maple Wood Avenue generally projected north; thence south on the projected line to S. 244'h Street; thence east along S. 240 Street to 94�h Avenue S.; thence south along 94`h Avenue S. projected south to S. Kimberly Avenue; thence along S. Kimberly Avenue to E. Maple Street; thence east along Maple Street to the corner where Tilden Avenue and Woodland Way meet; thence south along the north south portion of Tilden Avenue projected to the south line of the N %2 of the NE '/4 of the NE '/a of Section 30, T 22 N,R 5 E, WM; thence west along said line to the intersection of S.Kimberly Avenue projected south;thence south along said projection to the south line of the N %2 of the NE '/a of Section 30, T 22 N,R 5 E, WM;thence east along said line to the projection of Reiten Road S.; thence north along said line to the intersection of the south line of the N '/2 of the SE '/4 of the NE '/4 of the NW '/4 of Section 30, T 22 N, R 5 E,WM; thence west along said line to the intersection of the west line of E '/2 of the NW '/4, of the NE ''/4, of the NW '/4 of Section 30, T 22 N, R 5 E, WM; thence north along said line to the intersection of S. 2590' Street projected east; thence east along said projected street to the intersection of S.Alexander Avenue projected south;thence north along said projection to its intersection with E. Walnut Street; thence east along E. Walnut Street projected to the west right-of-way of the Burlington Northern Railroad;thence south along the west line to the intersection of S. 2590, Street; thence west along said street to S. 5`h Avenue; thence north along said avenue to the projection of E. Walnut Street westerly; thence west along the projected street to the south projection of N. Thompson Avenue; thence north along said projection to the intersection of W. Gowe Street projected west; thence west along said projected line to S. Washington Avenue(SR 516 and SR 181); thence north along S. Washington Avenue projected to the intersection of W. Cole Street projected west; thence east along said line to the projection of N. 5ch Avenue; thence north along said line to the Valley Freeway(SR 167); thence due east along a line projected to the Burlington Northern Railroad right-of-way;thence north along the east side of the Burlington Northern Railroad right-of-way to the intersection of S. 292"d Street projected west; thence east along projected S. 292"d Street to 84'h Avenue S., the point of beginning. P:`[ivTFOFSbpmFiks`OS ewwM.,,.9oeo,eN®tegmm;p.eu APPENDIX "B" KENT-MERIDIAN DISPOSAL City Facility,Parks, and Sidewalk Container Location CITY FACILITIES ADDRESS City Hall 220 4`h Ave. S. Centennial Center 400 W. Gowe Fire Stations: #71 Downtown 504 W. Crow #72 Meridian 25620 140`h S.E. #75 Soos Creek 25635 S.E. 272nd #77 Panther Lake 21006 132"d Ave. S.E. Kent Municipal Court 1220 S. Central Kent Corrections Facility 1230 S. Central Parks and Recreation: Kent Commons 525 4`h Ave.N. Resource Center 315 E. Meeker Senior Activity Center 600 E. Smith Police: Headquarters 232 4`h Ave. S. Gowe Street Station 407 W. Gowe Parks: Kent Historical Society Museum 855 E. Smith Kent Memorial Park 850 N. Central Ave. SIDEWALK CONTAINER LOCATIONS - City of Kent Garbage: 109-111 N. 2nd 103 S. 2nd 408 W. Meeker 328 W. Meeker 403 W. Meeker 308 W. Meeker 203 W. Meeker 202 W. Meeker 301 E. Meeker northbound of 4`h Ave. at Meeker S.W. corner of I"S. and Titus S.E. corner of I" S. and Titus N.W. comer of 1"S. and Titus "^ APPENDIX "B" Cont. KENT-MERIDIAN DISPOSAL City Facility, Parks, and Sidewalk Container Location Garbage(cont.): East side of 1" S.between Titus and Gowe S.E. corner of I" S. and E. Meeker 201 1" S. (south side of W. Gowe) 222 W. Gowe on Gowe at back entrance of Ben Franklin store between 2nd &4th 100 S. Railroad eastbound on Smith,just past Railroad at covered Metro bus stop westbound on Smith &Railroad N.E. corner of E. Gowe & 1" S. I I I S. Central on eastbound 240'h at bus stop in front of Kent Junior High northbound on S. Central at bus stop in front of Kent Oxygen (640 S. Central) (2 x week) southbound on 84`h Ave. at bus stop in front of FT Crow(21229 84`h Ave. S.) southbound on 80 Ave. and S. 220'h at bus stop in front of Dept. of Transportation bldg. southbound on 84`h Ave. and S. 224"' at bus stop 38 Ave. S.by Stop & Go Market, across from National Guard Armory. on Military Rd. West Valley Hwy& S. 228`h at bus stop on north east corner West Valley Hwy& S. 212`h at bus stop on south west corner West Valley Hwy& S. 212`h at bus stop on north east corner West Valley Hwy& S. 190h at bus stop on north east corner West Valley Hwy& S. 196`' at bus stop on south west corner Recycle: (three-bin containers): Kaibara Park, on First Ave.between Meeker and Smith Rose Garden Park, corner of Meeker and First Ave. City lot at south east comer of Fourth Ave. and Smith Street,by wood fence Kherson Park on Gowe St. west of Second Ave. Square off Meeker St. on east end of JC Penny's building APPENDIX "C" -- COMMERCIAL RATES SERVICE RATES Commercial Service 32 gal per pick-up 2.57 60 gal per pick-up 4.00 90 gal per pick-up 4.86 1 yard per pick-up 13.27 1.5 yard per pick-up 18.26 2 yard per pick-up 23.65 3 yard per pick-up 30.33 4 yard per pick-up 39.36 6 yard per pick-up _ - 58.05 Extra;l_yard per pick-up 14.38 Extra i +ard per pick-up 19.82 -- Extra 2 yaiderfkck=up Extra 3 yard der} cep ' Extra 4 yarder@UP _ 4 Extra 6"yat =per-pe7i+ p E : - _ .w... 62= fl Extra 8 yard per pick-up 83.34 Permanent Rent] Permanent ItS) -Sow _ �. Permanent I* =yar'i9' `" Permanent Dent, 1.5 11.99= Permanent Rent, 2 yard _ 14.02 Permanent Rent, 3 yard _ 16.94 Permanent Rent, 4 yard M;, 19.10 Permanent Rent, 6 yard 24.53 Permanent rent, 8 yard 29.59 Temporary l yard per pick-up 15.11 Temporary 1.5 yard per pick-up 20.56 Temporary 2 yard per pick-up 27.08 Temporary 3 yard per pick-up 33.68 Temporary 4 yard per pick-up 43.69 Temporary 6 yard per pick-up 63.22 Temporary 8 yard per pick-up 84.07 Temporary Rent 1-3 yard 1.47 Temporary Rent 4 yard 1.79 Temporary Rent 6 yard 2.12 Temporary Rent 8 yard 2.29 Placements, 1-8 yards 17.83 _ RATES Commercial Service (Cont) Roll-out 36.96 Distance 0.37 Drive-In 1.49 Return Trip 8.36 Steps 0.07 Sunken Cans 0.12 Container Washing Per Yard 1.31 1 yard packer 41.56 3 yard packer 79.90 4 yard packer 92.96 5 yard packer 106.02 6 yard packer 119.07 Extra refuse per yard 8.78 Permanent 10-40 yard Droplio 69.07 10-50yard Compactor 84.08 Temporjj� Q-40 yard Dro box 78.23 - - Dropbox�conta�er lacement 33 I 10 yard3cinaneiBox Ramat 12 yard Permanenl3©x Rem630 15 yard Pirm Ret 20 yard Permanent Box Rent 40.96 25 yard PermanentA3ex:-Redtt 30 yard Pert'a_n fB6X__Rem - :-IT 40 yard Pernaafieat Bcii Rent - 5t3 66 10-25 yard Temporary Box Rent `3 1F,_ 30 yard Temporary Box y _ a, 3.90-- 40 yard Temporary Box K9;t-- 4.12 Miles _ 1.65 Overtime 115.94 Time, Truck &Driver 76.02 Time, Extra Man 38.33 Multi-Family Service 32 gal per pick-up 3.69 60 gal per pick-up 4.57 90 gal per pick-up 5.49 1 yard per pick-up 18.03 1.5 yard per pick-up 24.82 2 yard per pick-up 32.88 3 yard per pick-up 40.84 4 yard per pick-up 53.08 6 yard per pick-up 76.67 8 yard per pick-up 102.02 RATES Multi-Family Service Extra refuse per yard 8.26 Permanent Rent, 60 gal 2.05 Permanent Rent, 90 gal 2.05 Permanent Rent, l yard 10.37 Permanent Rent, 1.5 yard 12.21 Permanent Rent 2 yard 14.29 Permanent Rent 3 yard 17.26 Permanent Rent 4 yard 19.46 Permanent Rent 6 yard 25.00 Permanent Rent 8 yard 30.14 Temporary 1 yard per pick-up 18.98 Temporary 1.5 yard per pick-up 25.78 Temporary 2 yard per pick-u - 33.85 Temporary 3 yard per pick-uPE `E 41.81 Temporaj ? hard per pick-up = - -- 54.03 Tempora + ed pick-up _- w_ ti Tempgaf' i Pic k 4p..._ Temporay +efff& +ard _ 119 Temporary*fir Temporary Rent 6 yard 2.29 Temporary Rwt4 r In: 2:48. Placements 144Ez@' _ Permanent 3O�idtaul -' 84 1040 yard! Wor-haul Permanent Rent 20 yard,,- - - 40.27;;=` Permanent Rent 25 yard =: 43.60 Permanent Rent 30 yard = 48.11 Permanent Rent 40 yard 7 57.67 P:`LivilLL➢ES'OpmFJa'U31 t`Cammvol W v-AypmCiaB dx 4 APPENDIX "D9' RESIDENTIAL RATES Rate 1. Solid Waste and Recycling I Can $13.24 2 Cans $18.25 3 Cans $26.54 4 Cans $34.75 6 Cans $50.76 1 Can/mo $7.02 19 Gal Can $10.31 Gal Cart $13.78 -_2 r. $27.56 90 Gal Cart -03162 90 Gal Cart-3 4 --$80.43 90 I I Ca �-;S mo e r 19-�Gjl L5an-Senior e $5.1� 32 Gal Can-Senj4i, 156.89 60 Gal Can-Senjj 90 Gal Can-Sen--iqr-c--' 3.41 2. Yardwaste $6.64 IV Kent City Council Meeting Date February 6, 2001 Category Bids 1 . SUBJECT: CITY HALL DATA CENTER HVAC REPLACEMENT 2 . SUMMARY STATEMENT: The bid opening held on January 19, 2001, for the Kent City Hall Data Center air conditioning unit resulted in three bids. SEAAIRE, Inc. was the lowest bidder at $43 , 578 . 00 . 3 . EXHIBITS: Bid tab 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $43 , 578 SOURCE OF FUNDS : CIP 7 . CITY COUNCIL ACTION:W,. I / Councilmember et^A/ moves, Councilmember_ 1AA) seconds to enter into an agreement with SEAAIRE, Inc. to purchase and replace the City Hall Data Center air conditioning unit in the amount of $43, 578, plus Washington State Sales Tax. DISCUSSION: '— ACTION: MC' Council Agenda Item No. 8A KENT PARKS - FACILITIES DIVISION BID TAB RESULTS JANUARY 19, 2001 PROJECT: CITY OF KENT FACILITIES / CITY HALL DATA CENTER COOLING SYSTEM BIDDER BID SEAAIRE, INC. $43,578.00 ACCO $45,700.00 Southland $89,150.00 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE K�w �( in C M Oil T u ne r ykj S+u�4- c.� Z C. PUBLIC SAFETY COMMITTEE 2-13 D. PUBLIC WORKS Jam wD 5 9m T6.� z�L? E. PLANNING COMMITTEE t�O �) �} m b`n I � 3 - F. PARKS COMMITTEE 010 f7e� 3 @ � G. ADMINISTRATIVE REPORTS rn Aa. g A,?/W ce. G axL mZ2 LH.2 /6;4f_� rerv ® pD � REPORTS FROM SPECIAL COMMITTEES OPERATIONS COMMITTEE MINUTES DECEMBER 5, 2000 COMMITTEE MEMBERS PRESENT: Chair Rico Yingling, Judy Woods, Tim Clark STAFF PRESENT: Brent McFall, May Miller, Dea Drake, Tom Brubaker, Chuck Miller, Norm Angelo, Sue Viseth, Marty Mulholland, Cliff Craig, John Hodgson, Jacki Skaught, Cyndi Wilbur, Leona Orr, Tom Brotherton, John Hillman, Don Wickstrom, Connie Epperly, Roger Lubovich, Jackie Bicknell PUBLIC PRESENT: Ted Kogita, Joe Rubio, Jennifer Krebs The meeting was called to order by Chair Rico Yingling at 4:02 PM. Two items were added to the agenda: Public Defense Services Contract, and Citizen Comment about 1-722. Approval of Minutes of November 21, 2000 Committee Member Tim Clark moved to approve the minutes of November 21, 2000. The motion was seconded by Committee Member Judy Woods and passed 3-0. Approval of Vouchers Dated November 30,2000 Judy Woods moved to approve the vouchers dated November 30, 2000. The motion was seconded by Tim Clark and passed 3-0. Public Access Studio Agreement Multi Media Manager Dea Drake said the franchise agreement between AT&T and the cities of Tukwila, Renton, Auburn, Kent, SeaTac, and Burien requires AT&T to provide, maintain, and operate a Public Access Facility in South King County within "X"number of miles of the Kent City Hall. The consortium of six cities has been meeting regularly with AT&T to accomplish that goal. An extension on the agreement was given until January 1, 2001 on two conditions: 1.) that AT&T hire a Public Access Director and Project Manager to help facilitate the project. (Ms. Drake introduced Jennifer Krebs, currently employed by AT&T for the position.); and 2.) that an attempt would be made to form other partnerships, in particular educational, in order to expand the scope of the Public Access Facility into a Community Access Facility. An offer has been received from AT&T to buy out their obligation to provide the facility by having it be run by a non-profit organization with representation for each of the cities on the non profit board. AT&T has offered a one time capital grant of S1,060,000 to pay for capital facilities and equipment and a buy out of$2,641,942 to operate the facility for 10 years, which averages out to approximately S300,000 a year in operating money. The combined total is just over $3,700,000. The cities feel this is a viable offer. It's similar in funding levels to what Seattle gets based on a per subscriber issue, plus there would be opportunities to attract other funding. AT&T is required to complete their part of the agreement by January 1, 2001, but final details have to be worked out for applying for the non profit status, setting up the by-laws, and receiving IRS tentative approval. AT&T will pay the non profit $3,700,000. In addition, the cities are proposing that AT&T keeps Jennifer Krebs' position until the facility is actually built. The Operations Committee, 12/5/00 Page 2 Mayor would sign the letter of agreement and an extension, if necessary, after the City Attorney's Office approved the details. Tim Clark asked what the actual usage would be for a Public Access Studio. Ms. Drake said one of the primary goals of the six cities was to create a facility that would be broad based and would create and encourage community based programming. The studio would provide a place where the community, groups or individual programmers, could use the facility to produce a program which would be aired on the channel provided. AT&T will provide all the funding so there would be no pass through cost to the citizen or user except possibly minor user fees for supplies. Service clubs, schools, etc. could produce programs at no cost to them. The cities have expressed interest in limiting the hours of adult programming to safe-harbor-hours, which are typically 1:00 AM to 4:00 AM, and to have the ability to track community and educational partners and other funding so the facility could be expanded to become an asset to all of the communities. In answer to Mr. Clark's question about learning how to use the studio, Dea Drake said the studio would provide facilities to teach the citizen how to use the equipment. Equipment could be checked out if someone wanted to do filming at their own location, or filming could be done inside the facility. The only requirement is that, once a program is produced, it has to be broadcast. Mr. Clark asked if a location had been chosen for the studio. Ms. Drake said a tentative location had been chosen and the consortium was working on a partnership with the Renton School District that would allow the district to use the studio as a teaching facility for part of the day. Students could do paid and volunteer internships to expand their skills through the studio. The tentative site is Sartori Elementary School in downtown Renton. Negotiations are ongoing with the Renton School District and the site choice should be resolved by January 31, 2001. Approximately $410,000 will be used for equipment and $650,000 for remodeling. The vision is for a three camera, full studio with camera people, live on-tape ability, and full video production. There could possibly be a single camera studio where people could do something by themselves live on tape or live to the air. The studio would be state of the art digital and would have editing and equipment check out suites. Rico Yingling asked how the Renton location was arrived at as it didn't seem to be central to the six city group. Dea Drake said the school districts and community colleges were contacted in searching out different educational partners, and the Renton School District was the educational partner that was attracted, interested, and willing to work with the consortium. In response to Mr. Yingling's question of whether the $2,600,000 would be enough to carry staff for 10 years, Ms. Drake said it would at a limited staffing level based on 36 cents per subscriber and an escalated subscriber amount. The current subscribership for all of the cities was padded for annexations and in-fill, resulting in the 2.6 million dollar amount. A budget was put together by Jennifer Krebs which has limited operating hours and limited staffing but provides a baseline for 10 years. The organization would also seek other funding through sponsorships and adding more cities. _ Operations Committee, 12/5/00 Page 3 Tim Clark moved to authorize Mavor White to enter into an agreement with AT&T to complete the portion of the cable franchise requiring AT&T to provide, maintain, and operate a Public Access Studio, and to authorize a reasonable extension of that franchise obligation in order to complete all the steps required by the agreement. The motion was seconded by Judy Woods and passed 3-0. Finance Accounting Technician—Status Change Finance Director May Miller said part-time positions were budgeted for the eventuality of employee sickness. The Finance Department has had some fairly serious illnesses and one part- time person has been working all year, in violation of the ASME Union Contract that allows five months for a part-time position. The request is to change the status from part-time to regular part-time for that position. Three part-time pieces in the budget will cover the additional cost for benefits Judv Woods moved to recommend to Council to authorize changing the status of a part- time employee in Finance to a regular part-time Accounting Technician position at 60% of fulltime salary level AF25, and the transfer of the budget from part-time to regular part- time. The motion was seconded by Tim Clark and passed 3-0. 2000 Budget Adjustment Ordinance May Miller said the 2000 Budget Adjustment Ordinance was a housekeeping ordinance. Twice a year all the budget changes that have already been approved are grouped together, as well as a few additional changes that have come up as projects are closed and technical corrections are made. Anticipated corrections that will go to Council through the end of the year are also included. The adjustment amount is for$67,000,000, but taking out all the transfers reduces it to $38,000,000. The bond issue was the biggest piece, which has already been approved, and a budget was anticipated for the urban center in case there is a need for that by yearend. The amount that has not been approved by Council is $3,570,814, which is to utilize some of the refund balance for park capital projects. $179,687 is primarily for remodel for the golf course and start up costs. S300,000 from the CIP Fund will go into the Facility Fund as more space is taken over in the Centennial Center and less revenue comes in from the outside agencies. A $150,000 transfer from the CIP Fund to the Facility Fund covers the fund balance because of space issues last year. The largest change of$812,715 is in the City's Self Insurance Fund as claims are coming in higher. The Workers Comp Fund is increased by S344,983. However, an excess in the Liability Fund will be reallocated and excess funds of$793,550 in an LID Guarantee of 10% are being transferred to the CIP Fund for one-time-only type expenditures. There is an increase for the new Finance regular part-time staff position and one capital project FTE that was increased from 0.75 to fulltime. Those staffing changes are covered by the existing budget. A short-term line of credit for the Housing and Community Development Fund of S200,000 is to cover the time between paying expenditures in December and the reimbursement. In answer to questions about the Real Estate Excise Tax, Chief Administrative Officer Brent McFall said the 2°d quarter percent is dedicated to parks. Ms. Miller listed Lake Fenwick, the Resource Center parking lot, and the Clark Lake wetlands as some of the projects that would benefit from the tax. Operations Committee, 12/5/00 Page 4 Tim Clark moved to recommend to Council approval of the Technical Budget Adjustment Ordinance for adjustments made between July 31, 2000 and December 31, 2000 totaling $679284,844. And to approve a line of credit in an amount not to exceed $200,000 to cover housing and community development costs at year end until they are reimbursed by King County and to confirm and continue year two of the three vear loan from the Equipment Rental Fund to the Riverbend Golf Complex in an amount not to exceed $460,000 to cover winter and spring expenditures with interest to be paid at a state pool rate. The motion was seconded by Judy Woods and passed 3-0. Public Defense Services Contract Brent McFall said the City is required to provide defense services to indigent defendants in the municipal court and there is a contract for those services. The services cannot be provided by City staff as the City is the prosecutor and there would be a conflict to provide defense services. The City has had a contract with Stewart, Beal, & MacNichols for the last six years since shortly after the court opened. For the last four years, the contract amount has been $198,000 per year for services. A two year contract is proposed beginning January 1, 2001 and expiring December 31, 2002 at an increased amount of$264,000 per year. That's an increase from $16,500 per month to $22,000 per month for the two year period. The reason for the increase, in addition to increased costs, is that as the court matures, the number of calendars increases as there are more defendants ordered to return as part of fulfilling their sentences. The amount of representation that the Public Defender has to do has increased dramatically and, on most occasions, one additional attorney has had to be present at the court for public defense purposes. The costs average out to about S100 per case, which is quite low. The City has been pleased with the service that Stewart, Beall, & MacNichols has provided and is recommending approval of the new contract for the next two years. Judy Woods moved to recommend Council authorization for the Mayor to complete negotiations and execute a two year term agreement with Stewart, Beall, & MacNichols, P.S. for public defense services in the amount of$264,000 per year plus related costs incurred for appeals. The motion was seconded by Tim Clark and passed 3-0. 2001 Budoet and Tax Levy Ordinance Brent McFall presented research on the loss of revenue to the City from Initiative 695 and the amount of back fill funds the City received from the state as part of that program. The initial loss was S1,415,356 and replacement funding has been received from the state in the amount of S526,254, which is spread over the biennium. $175,000 was received in 2000 and almost $351,000 will be received in 2001. No funding is provided beyond 2001 from the state. An interim study committee has been looking at the issue.and will have recommendations for the legislature. Mr. McFall clarified the issue of the 10% reserve in the General Fund, which is a budgeted reserve designated for contingencies and serves three purposes. It provides a cash flow. The _ City operates from January through the end of April on monthly revenues that does not include Operations Committee, 12/5/00 Page 5 any significant amounts of property tax. Property tax payments are received twice a year at the end of April and at the end of November. The City needs cash in the bank to carry it through those low periods, and the April 201h payroll generally will go right down to the existing cash in the bank even with the 10%reserve. The reserve is also available for unexpected emergency expenditures that might result from some type of natural disaster. An example would be a major flooding situation brought by a breach of the Howard Hansen Dam which would flood the valley. The reserve would provide the ability to respond to that type of situation. Another use of the reserve would be in the event of a significant and sudden economic downturn that would create a revenue problem, particularly in sales tax revenue not coming in at the rate that was budgeted. The fund is a prudent business practice, and the City's bond underwriters and bond rating agencies note this as evidence of prudent financial management practices, which in turn allows the City to maintain its high quality bond rating and reduce the cost of borrowing for significant capital projects. Judy Woods remembered that one of the reasons the reserve policy was established was because the City did get caught in a bind in the last economic downturn. It was a very unpleasant experience because there weren't cash reserves and the City was not in a healthy position. Council determined they didn't want to experience that situation again and decided the City couldn't be too well prepared for the unexpected. Brent McFall handed out a Levy Limit Worksheet that the City received from King County that provides guidance in establishing the City's property tax collections for the year 2000 tax roll. He said the column on the left calculates the City's potential tax collections based upon the 106% rule, and the column on the right factors the City's tax collection potential based upon last year's Implicit Price Deflator that corresponds to the requirements of Referendum 47. The S 18,189,813 amount at the top of each of the columns is the zero percent dollar amount that was given by King County with respect to the base for the year 2000 taxes. Page Three shows the same S 18,189,813 as the 1999 highest allowable rate taken from the front page of the worksheet, and is the zero percent increase as defined by King County. Kent had no levy increase in dollars so a 0% increase is shown. The value of new construction has been added to the levy collections along with the refund levy. Collections in 2000 went up in round figures by about $1,000,000 because of growth in assessed value. The total budget for the year 2001 is proposed at S118,794,004 which is a decrease of about 1.5 million dollars from the 2000 budget, primarily due to some larger capital projects in the 2000 budget. Within the almost 119 million dollars are a number of operating businesses. Utilities venerates enough revenue out of rates to function as a business enterprise. There are a number of Inds that are funded through specific revenue sources. The Street Fund is funded with gasoline tax and the Capital Improvement Fund is funded with the real estate excise tax and sales tax. The general government of the City— Police, Fire, Planning, Administration, and Finance, etc. are funded out of the City's General Fund which for the year 2001 is proposed at $62,080,238. The General Fund is supported mainly by sales and property taxes, plus some fees for services and a few other tax sources. Operations Committee, 12/5/00 Page 6 Mr. McFall showed on the overhead screen an example of how the sales tax dollar is distributed based upon a $1,000 purchase. Ina $1,000 purchase in the City of Kent or throughout King County the consumer would pay $86.00 in sales tax. $65.00 or 72% of the $86.00 goes to the State of Washington. $10.00 or 11.6% goes to the City of Kent to fund all the general government services. Transit gets $6.00, regional transit gets $4.00, and criminal justice gets $1.00. For property taxes, every property is assessed at a certain value by the County Assessor and then the tax rate is applied to that value of assessment to determine how much tax is owed on that piece of property. Out of$1,482 property taxes,based on$100,000 of assessed value, 22%or S320 goes to the city of Kent. The State of Washington gets a very similar amount of$330. The schools are the largest recipient of property taxes with the Kent School District getting $547 or 38% of the property tax dollar collection. King County, the hospital district, the Green River Flood Control district, emergency medical services special tax levy, and the Port of Seattle also get smaller amounts. The City generates its revenue primarily through taxes with 50% coming from all forms of taxes such as sales, property, liquor, excise, and street. Charges for services, such as developer fees, recreation fees, fees for participation, fees for services, and the golf course make up almost 30% of the revenue. Smaller amounts come from licenses and permits, interest and other miscellaneous income, and fines and forfeitures to make up the remaining 20%. The City is a labor intensive business with Police officers on the street, firefighters fighting fires, street maintenance, and maintenance of utilities. In the overall budget of$118,000,000 almost 46% is _ salaries and benefits, 13% debt service, 18% capital outlay, 19.5% services, and 3.8% supplies. Almost 35%of the revenue in the General Fund comes from property tax, 27.5% is from sales tax, and utility and gambling taxes make up 14%. All the taxes going to support the General Fund amount to 76.5% of the revenue in the General Fund. The other revenue comes from charges for services at 6.1%, fines and forfeitures at 2.2%, intergovernmental revenue 8.3%, licenses and permits 3.5%, and miscellaneous revenue at 3.4%. 61.3% of the General Fund goes to public safety for Police, fire, emergency medical services, courts and prosecution, and the corrections facility. 8% goes to public works and community development. Leisure Services sets 11.2%, health and human services 4%2% and the general government of planning, administration, finance, etc. gets 15%. The General Fund is almost 75% salaries and benefits. Supplies accounts for 4.4%, and services and allocations 21.1%. The property tax over the last five years based upon a $200,000 property, with property values held constant across the 5 years, decreased from $674 in 1997 down to $606 as proposed for 2001. The budget, as proposed, relies upon a property tax collection that conforms to the requirements of Referendum 47 and anticipates increased collections, outside of allowances for new construction, of 2.61%. Initiative 722 has a provision that limits the increase to 2%, but injunctive relief from the Initiative has been provided to some cities and counties in the state and to the Department of Revenue. The Department of Revenue has issued an advisory to all counties in the state advising them that they will be providing state assessed value figures based upon past practices. _ Operations Committee, 1215/00 Page 7 Rico Yingling asked what the overall difference in revenue would be between a 2.61% levy rate increase and a 2% increase. May Miller said it would be $115,465 for the year of 2001, equal to two positions a year based on the fact that assessed valuation wouldn't change. If I-722 were implemented, the assessed value would change, plus there is an accumulative affect because the base over 10 years changes. The dollar difference from what a citizen would pay for a $200,000 house would go down from S606.40 to $603.18. Rico Yingling asked for a budget expenditure of$150,000 to study the effectiveness of the current policies for traffic light,wait times and cycling. Brent McFall suggested making an adjustment to the Street Fund expenditures, as there would be sufficient fund balance there to do the study. Tim Clark moved that the expenditure line in the Street Fund be adjusted for an amount not to exceed $150,000 for a model study in terms of dealing with traffic conditions. The motion was seconded by Judy Woods and passed 3-0. Mr. Yingling asked where the Borden property purchase expenditures were listed in the budget. Brent McFall said a project account was established in the 2000 budget that would carry over expenses into 2001. He added that any expenditure is dependent upon Council's ultimate determination to proceed with the project. May Miller said that the Borden expenditures were in the budget ordinance just approved by the Committee but would be removed if the project was not authorized. Responding to Rico Yingling's comment that $4,000,000 of the increase for next year was in personnel costs, Brent McFall said that for all funds, the expenditure goes up from $55,000,000 to S61,000,000 in salary and benefits, and the increase includes not only adjustments to existing salaries and health care costs, but also includes the new positions proposed in the 2001 Budget. Mr. Yingling asked if the water rate would continue to be built up at the rate planned for in the new budget, and if the utility services would continue to pay their own way and build the Capital Fund for the future water project. Mr. McFall said the water rate was adjusted last year for purposes of continuing to accumulate cash for the Second Supply Pipeline Project and those funds are invested or used to borrow against. They receive the same rate of return as other City funds, and the revenue coming from those funds will allow them to continue to pay their own way. Rico Yingling commented that the voters, in passing I-722, stated they wanted to see no more than a 2% increase in their property taxes. He proposed keeping the property tax increase at 2% in the spirit of I-722 while waitincy for the courts to decide on the constitutionality of the initiative. Brent McFall said a draft ordinance had been prepared in anticipation of such action, and the motion would be to recommend to the full Council adoption of the tax levy ordinance limiting the property tax increase to 2%. Tim Clark moved to approve the 2001 Budget outlined in the Preliminary Budget document plus the technical corrections in exhibit "B" and as amended with the Street Fund expenditure of$150,000. The motion was seconded by Judy Woods and passed 3-0. Operations Committee, 12/5/00 Page 8 Judy Woods moved to establish the 2000 Property Tax Levy authorizing a 2% increase in the 2000 Levy of property taxes for collection in the year 2001. The motion was seconded by Tim Clark. In further discussion, Tim Clark questioned whether the budget would still be financially secure after the impacts of the motion. Brent McFall said the budget was secure and that administration would manage the budget to achieve the difference in savings, primarily by waiting to fill the new positions authorized in the budget. The motion was voted on and passed 3-0. City Attorney Roger Lubovich commented that the budget document ordinance that would be going to full Council would be slightly different from the one in the Committee packet. The packet ordinance talked about reenacting and readopting fees and schedules that were set forth in the year 2000 Budget which was done as part of I-695 and dealt with in the frame of mind of dealing with 1-722. That language was removed from the ordinance to go to the full Council because the issue was to be dealt with at a special Council session immediately following the Committee meeting. The budget adoption ordinance to be presented to the full Council would have no language dealing with any reenactments of fees,but would be a straight adoption of the year 2001 Budget. Citizen Comment about I-722 Joe Rubio, 3831 S 2481h, Kent, said the Committee had answered his concerns by limiting the property tax increase to 2%. He said a multitude of people are asking for tax relief and if I-722 is found to be unconstitutional, the constitution should be changed to accommodate what the _ people want because the people are the government. Mr. Rubio referred to Greg Nichols comment at the King County Council meeting, that the way to keep the initiatives from coming was for the elected government to do its job, and said Rob McKenna, Kent Pullen, and the general majority of the King County Council were in consensus that they were going to adopt their budget with I-722 in mind even though it was still tied up in the courts. Mr. Rubio applauded the Operations Committee for limiting the tax increase to 2%. The meeting was adjourned at 5:31 PM. Jackie Bicknell City Council Secretary _ SPECIAL PUBLIC WORKS COMMITTEE MINUTES JANUARY 08, 2001 COMMITTEE MEMBERS PRESENT: Chair Tim Clark, Connie Epperly, Rico Yineline STAFF PRESENT: Don Wickstrom, Tom Brubaker, Roger Lubovich, Mike Martin, Gary Gill, Steve Mullen, Robyn Bartelt, Jackie Bicknell PUBLIC PRESENT: Steve Caputo The meeting was called to order by Chair Tim Clark at 5:12 PM. Approval of Minutes of December 11, 2000 Committee Member Rico Yingling moved to approve the minutes of December 11, 2000. The motion was seconded by Committee Member Connie Epperly and passed 3-0. 118`h Ave SE Sanitary Sewer Extension Charge in Lieu of Assessment Public Works Director Don Wickstrom said that when a septic system fails, the City may assist a property owner by building a major sewer extension and then collecting a charge or assessment as reimbursement for expenses. In the current case, a system failed where a property owner was operating an assisted care facility, and the Health Department said she either had to extend the sewer or shut down. The City committed to extending the sewer and quoted a charge of$10,000, the typical amount of an LID assessment. The work is now done and a Charge in Lieu of Assessment needs to be established so as other properties connect, the City can be reimbursed. Even though the total cost of the project came to S50,262.50, the charge to each of four homeowners will be 510,000 and the City will pay the remaining-S10,262.50. Committee member Connie Epperly moved to authorize the Public Works Department to establish a charge in lieu of assessment for the total amount of S40,000 distributed to the affected properties. The motion was seconded by Committee member Rico Yingling and passed 3-0. Vehicular Speed Limits — Resolution Don Wickstrom said the Vehicular Speed Limits Resolution was created to clean up typos and other errors in the existing resolution and to add a change of speed limit on SE 277"' Street (page 5, item 41). The speed will change on SE 277`h Street to 50 MPH from the overpass at 1081h Avenue SE to the intersection of 861h Avenue South. The rest of the street would have a speed limit of 40, which is the present limit. Rico Yingling moved to recommend adopting the resolution relating to the vehicular speed limits within the City of Kent as shown. The motion was seconded by Connie Epperly and passed 3-0. Solid Waste, Recycling Materials, & Yard Waste Ordinance and Contracts — Don Wickstrom presented the Solid Waste, Recycling Materials, & Yard Waste Ordinance and contracts. Tim Clark expressed concern that some citizens could be penalized under the new consolidated contract versus the old system contract. Mr. Wickstrom said there were 5,000 existing customers on the original contract which had been getting recycling service with the 90 gallon toter free and the City picking up the cost. Thev were billed on a strict garbage charge. Under this proposal, garbage and recycling are included in one bill and the citizens receive recycling service whether they use it or not. The cost of recycling is now blended into the entire cost and reflected in the new garbage rates. Mr. Clark questioned what the service would be in inclement weather. City Attorney Roger Lubovich said the provisions in the new contract are exactly the same as the previous contract with a double load pick up the following week. Rico Yingling agreed it was more efficient and less costly to pick up twice as much garbage from the same address on the same pick up day than to do double duty and go to twice as many houses on a double pick up day. He stated it was accepted practice for the customer to wait until the next week for pickup. Connie Epperly contributed that garbage haulers only pick up the following day on holiday weeks. Conservation Specialist Robyn Bartelt said the issue was addressed in the contract, and residents would know through advertising of the new solid waste/recycling/yard waste program what would happen in the case of inclement weather. The contract also gives residents the option to self-haul to one of the transfer stations and then be reimbursed for payment by the garbage hauler. Rico Yingling asked if overall costs would change as 5,000 homes would be paying more. Don Wickstrom replied that the costs would be averaged out since there are different rates in the three different areas. Robyn Bartelt added that the new rate would change S2.00 or less for current Kent residents that have been receiving subsidized recycling. The most minimal increase would be 39 cents; no one's rates would Go down. Connie Epperly recommended authorization to adopt the ordinance relating to the Solid Waste, Recycling Materials and Yard Waste contracts as determined by final negotiations with the City Law Office. The motion was seconded by Rico Yingling and passed 3-0. S 1961h St/Russell Road Improvements Don Wickstrom said the S. 196`h St/Russell Road Improvement Project was 28% over the original contract amount, but the increase is not a budget issue. When the project was put together, the engineer's estimate scrimped on the quality of the project by retaining some of the road structure and pavement and adding overlay to it, which would give only a 10 year life. Because the bids for the project came in about S440,000 less than the engineer's estimate, it was determined it would be better to remove the pavement and put in a thicker sub base and asphalt to achieve a 20 year life, as that would result in a better product and less cost in the long run. Rico Yingling asked where the funding came from to cover the upgrade to the project. Mr. Wickstrom said the grant submitted to the TIB included the engineer's estimate, and since the bid came in under that amount, the excess money was used along with money from the LID and the Street Fund. Rico Yingling recommended to full Council acceptance of the project as complete. The motion was seconded by Connie Epperly and passed 3-0. Coordinated Prevention .Grant No. G0000139 Amendment No. 1 Don Wickstrom said an additional $19,058 came in from the Ecology Grant because some cities'didn't submit for funds and the leftover money was reallocated. The money will be used to buy compost bins. Connie Epperly recommended authorization for the Mayor to sign Amendment No. 1 to Ecology Grant No. G0000139 and direct staff to accept the grant amendment and establish a budget for same. The motion was seconded by Rico Yingling and passed 3-0. The meeting was adjourned at 5:35 PM. _ Jackie Bicknell City Council Secretary CONTINUED COMMUNICATIONS A. Ly EXECUTIVE SESSION A) Land Acquisition B) Pending Litigation