Ord 98-321
ORDINANCE NO. 98-321
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING ITS SOLID WASTE AND
RECYCLING UTILITY SCHEDULE OF RATES AND RET AINAGES
FOR SERVICE TO PROVIDE FOR A 4.45% INCREASE IN THE
COLLECTION RATES FOR COMMERCIAL AND RESIDENTIAL
WASTE GENERATORS AND A 5.45% INCREASE IN THE
COLLECTION RATE FOR MULTI-FAMILY WASTE GENERATORS,
DIRECTING CITY STAFF TO ISSUE A REQUEST FOR PROPOSALS
FOR RECYCLABLE MATERIALS PROCESSING, AND AMENDING
THE CITY'S FRANCHISE FOR SOLID WASTE AND RECYCLING
AGREEMENT (AMENDS PREVIOUS ORDINANCE 93-167, 94-218,
97-287, AND 94-221)
WHEREAS, the City is authorized pursuant to RCW 35.21.152 to establish by
ordinance a system of collection for solid waste and recyclable and reusable materials, and
to award a franchise for residential and commercial collection of solid waste and recycling
under the City's direction; and
WHEREAS, the City entered into a Franchise Agreement dated effective December
20, 1991, with Federal Way Disposal Company ("FWD"); and
WHEREAS, the Franchise Agreement was amended on March 16, 1993 and
September 21, 1994; and
WHEREAS, on March 16, 1993, the City Council of the City of Federal Way adopted
Ordinance 93-167 which established a Schedule of Rates and Retainages for Service
provided as part of the City's solid waste and recycling utility; and
WHEREAS, the Schedule of Rates and Retainages for Service were subsequently
amended by Ordinance No. 94-218 and No. 97-287; and
CCöff2>1f
Ord. # 98-321, p. I
-8Rt£iNAt
WHEREAS, in September, 1996, FWD requested an additional rate increase to offset
what FWD identified as increased operating costs; and
WHEREAS, the Public Works Department initiated a comprehensive review of
FWD's financial records, including records from all seven of FWD's allied companies
(known collectively as the Bayside Group), to detennine whether the rate increase was
justified; and
WHEREAS, Public Works Director Cary Roe and Solid Waste & Recycling
Coordinate Rob Van Orsow prepared an August 24, 1998 Memorandum summarizing the
results of the Public Works Department's rate review; and
WHEREAS, the Memorandum recommended that the Council increase the City's
solid waste collection rates, as follows:
I. Increase collection rates by 2.87% to cover FWD's 1997198 shortfalls in operating
costs and rate of return;
2. Increase collection rates by 7.53% to cover base operating and costs and rate of
return for projected 1999 costs; and
3. Increase the collection rate for multifamily garbage service by an additional 1%,
for a total of 11.4%, in order to provide an incentive for initiation or expansion of recycling
services at multi-family housing complexes; and
WHEREAS, the Memorandum also recommended that the Council adopt changes
to the Franchise Agreement with FWD to enhance recycling participation at multi-family
housing complexes; and
WHEREAS, the Memorandum also recommended that the Council consider
switching from FWD to an alternate vendor for processing of recyclable materials collected
Ord. # 98-321, p. 2
at curbside and that, as part of such consideration, the Council direct staff to issue a Request
for Proposals for such processing; and
WHEREAS, on August 25, 1998 the City Council Finance and Economic
Development Committee considered the Memorandum, and recommended that the full City
Council adopt and implement the Memorandum's recommendations; and
WHEREAS, on September I, 1998, after all public notice required by law, the full
City Council held a public hearing on the proposed amendments to the City's solid waste and
recycling utility Schedule of Rates and Retainages for Service, heard public and City staff
testimony, and considered the Memorandum; and
WHEREAS, on September 15, 1998, and October 6, 1998, the City Council gave
this ordinance a second reading, and determined, inter alia. that rates were to be increased
by a smaller amount than recommended in the Memorandum;
NOW, THEREFORE, THE CITY COUNCil.- OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section I. Findings.
A. The City Council adopts by reference as if fully incorporated herein the
findings contained in Ordinance 93-167 with respect to the establishment and operation of
a solid waste and recycling utility, and the findings contained in the Memorandum with
respect to the need to increase collection rates by 4.45% to cover increased Federal Way
Disposal Company operating rates, and the need to increase collection rates for multi-family
housing complexes by an additional! % to promote increased recycling.
B.
The City Council further finds that amendments to the Franchise
Agreement are necessary to facilitate increased recycling at multifamily housing complexes.
Ord. # 98-321, p. 3
C. The City Council further finds that the potential exists for savings in
curbside recycling processing costs, that the City should recover 100% of the gross revenue
from the marketing and sale of recyclable materials collected from single family and multi-
family residences, and that issuance of a Request for Proposals may be necessary to further
evaluate the potential for such savings and the availability and cost of alternate recycling
processing vendors.
Section 2. Amendment. The rates for services set forth in Section 12 of Ordinance
93-167, Exhibit A to Ordinance 94-218, and Exhibit A to Ordinance No. 97-287, entitled
"Rates and Retainages for Service," are hereby superseded and replaced by the rates set forth
in the "Rates and Retainages for Service" attached as Exhibit A hereto, which is incorporated
by this reference. Exhibit A sets forth the amended charges to be paid to the City and the
schedule of retainages to be retained by the Franchisee for services rendered for each
category contained in the schedule. Exhibit A provides for a 4.45% rate increase in the
commercial and residential solid waste collection rates to cover increased Federal Way
Disposal Company operating rates, and an 5.45% increase in the multi-family solid waste
collection rate to promote increased recycling.
Section 3. Amendment. Section 2, "Definitions," Pages 1-6; and Section 3, "Scope
of Work," Pages 7-8 of the City of Federal Way Franchise for Solid Waste and Recycling
Collection are hereby amended as set forth in Exhibit B attached hereto and incorporated by
reference.
Section 4. Evaluation of Alternate RecvcIables Processing Vendor. The Public
Works Director and/or his designee may issue a Request for Proposals to process recyclables
collected at curbside. The Request shall require that proposals include a return of revenue,
Ord. # 98-321, p. 4
to the City's rate base, from the marketing and sale of the recyclables. The Director or
designee shall evaluate the proposals received and present a recommendation to the City
Council Finance and Economic Development Committee and then to the full City Council
as to the preferred vendor and any proposed changes to the Franchise Agreement that may
be necessary to allow selection of that vendor.
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affinned.
Section 6. Severabilitv. The provisions of this ordinance are declared separate and
severable, and the invalidity of any clause, sentence, paragraph, subdivision, section or
portion of this ordinance or the invalidity of the application thereof to any person or
circumstances shall not affect the validity of the remainder of the ordinance, or the validity
of its application to other persons or circumstances.
Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30)
days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this 6th day of October,
1998.
CITY OF FEDERAL WAY
kvj~
MAYOR, RON GINTZ
Ord. # 98-321, p. 5
A~r~~
CITY LERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
--atc.~~~~~~.
CITY ATTORNEY, LaNDI. L DE L
FILED WITH THE CITY CLERK: 10/4/98
PASSED BY THE CITY COUNCIL: 10/6/98
PUBLISHED: 10/14/98
EFFECTIVE DATE: 11/5/98
ORDINANCE NO. 98-321
Ord. # 98-321, p. 6
ACCEPTANCE:
The undersigned hereby consents to and accepts the amendments, adopted herein, to the
Franchise Agreement ("Franchise") between Federal Way Disposal Company and the City
of Federal Way, dated effective December 20,1991 and subsequently amended on March 16,
1993 and September 21, 1994. The undersigned acknowledges that any rights and privileges
of the Franchise, as amended, are subject to and limited by all of the terms, conditions and
obligations contained in the Franchise as amended.
DATED this - day of October, 1998.
FEDERAL WAY DISPOSAL COMPANY, INe.
By:
Bruce Leven, Its President
K:\ordinlsldwsrat.98
Ord. # 98-321, p. 7
EXHIBIT A
RATES AND RETAINAGES FOR SERVICE
The following schedules list the charges for services rendered within each category of service, ~
November 20 1998
A. Single Family Solid Waste and Recyclables Collection Residential Rates
Franchisee Total
Rate Category Old Rate New City Recycling Franchisee Charge
Rate Retainage Retainage Retainage
10 Gal Mini Can 4,6=/- 4.88 -1.31 1.80 6.19 Monthly
20 Gal Mini Can :¡..;¡.J, 8.08 -.87 1.80 8.95 Monthly
One 32 Gallon Can H,39 12.94 .95 1.80 11.99 Monthly
Two 32 Gallon Cans *58 19.41 2.50 1.80 16.91 Monthly
Three 32 Gallon Cans ~ 26.21 2.00 1.80 24.21 Monthly
Four 32 Gallon Cans 34,M 35.68 2.00 1.80 - 33.68 Monthly
Five 32 Gallon Cans .oI+e9 42.82 2.00 1.80 40.82 Monthly
60 Gallon Toter ~ 19.03 1.00 1.80 18.03 Monthly
90 Gallon Toter ~ 25.57 1.00 1.80 24.57 Monthly
One 32 Gallon Can (Once per Month) 4,e4 4.22 .00 0.45 4.22 Monthly
I Extra Unit II ;,el 3.570 .45 I ---I 3.121 Per Pickup I
Carryout Charge for Non-Infirm Customers
Over 5 feet but not over 25 feet the rate is $0.73 and
for each additional 25 feet or fraction thereof, add
$0.45.
Carryout Charge for Infmn Customers (those
with proof of physical disability or infirmity
for all residents at customer's address)
No charge will be levied
1
B. Yard Waste Collection
Rates in effect for residential, multi-family and commercial account are set forth below. Of the rates
collected, 100% of these monies are retained by the Franchisee.
RATE
CATEGORY
OLD MONTHLY RATE NEW MONTHLY RATE
SERVICE
SINGLE FAMILY
90 gallon toter
(regular collection
schedule
$-B5
$ 6.01
Weekly
Extra unit of yard waste
for subscribers (in
addition to 90-gallon
toter)
$:-H!5
$ 1.93
Per Unit
Large quantities of
bundled prunings
$5-:-38
$ 6.01
per yard
Redelivery Charge*
~
$20.89
Per Yard
(180 gallon equivalent)
on scheduled yard
waste days
Per Redelivery
. This charge will OIùy apply to customers who cancel yard waste toter collection service within a twelve (12) month
period. There will be no charge for the initial delivery of yard waste toters to customers.
MULTI FAMILY & COMMERCIAL
One cubic yard container $39:-49 $41.25 Weekly
Two cubic yard container ~ $77.31 Weekly
90 gallon toter ~ $ 6.01 Single Family Schedule
Yard Waste Recycling Fee Increases - Future yard waste disposa1 fee increases made by Federal Way Disposal's vendor,
which vendor will be the most economical yard waste disposal vendor, for use by Federal Way Disposal of its recycling
facilities, shall be automatically passed through and assessed, after all public notice as required by law, against
the use of toters and containers designated for yard waste.
2
C. Rates for Multi-Family Solid Waste and Recycling Collection
C.1. Multi-family Solid Waste and Recycling CoUection (Can Service)
a. SOLID WASTE ONLY
Existing complexes with curbside can service will be charged for each 32 gallon can collected.
Each unit shall receive curbside service. The entire complex must subscribe at a rate of $&-54
$ 9.01 per can per month. Of the rates collected, $&:-t8 $ 8.65 is retained by the Franchisee
and $ 0.36 is retained by the City.
b. SOLID WASTE & RECYCLABLES
Existing complexes with curbside can service will be charged for solid waste and
recycling pickup at each unit. Each unit shall receive curbside service for solid
waste and recyc1ables and each unit in the entire complex must subscribe to the same
level of service at the charges and retainages listed below:
Franchisee Total
Rate Category Old New City Recycling Franchisee Charge
Rate Rate Retainage Retainage Retainage
10 Gal Mini Can +:6i' 4.92 -1.31 1.80 6.23 Monthly
20 Gal Mini Can '/-,14 8.16 -.87 1.80 9.03 Monthly
One 32 Gallon Can -!-B9 13.07 .95 1.80 12.12 Monthly
Two 32 Gallon Cans *58 19.59 2.68 1.80 16.91 Monthly
60 Gallon Toter ~ 19.21 2.00 1.80 17.21 Monthly
90 Gallon Toter *'48 25.81 5.50 1.80 20.31 Monthly
3
C.2. Multi-Family Customers Rates and Retainages for Collection of Solid Waste Using Toters, Cans
or Containers
A. SOLID WASTE SERVICE RATES
RECEPTACLE Number of pickups per week
SIZE
1 ~ 1 4 ~
32 Gallon Can 9.01 nJa nJa nJa nJa Rates Include the FolIowing:
Monthly Rent &
&:54 Service Rate Per Pickup
1 Cubic Yard 50.74 91.70 132.66 173.61 214.57 Rent 9-:28 9.79
4&H ß6,% ~ f6+:64 ~ Service &:99' 9.46
1.5 Cubic Yards 67.76 123.10 178.44 233.78 289.12 Rent *"'8 12.42
~ tt&'14 M9æ ~ ~8 Service ~ 12.78
2 Cubic Yards 91.22 167.39 243.55 319.71 395.87 Rent~ 15.07
~ ~ ;!3&-96 39:H9 ~ Service t6Æ 17.59
3 Cubic Yards 118.52 218.01 317.50 416.99 516.48 Rent -t-&:e4 19.02
+H-:39 ~ 3&I-:e9 395:44 48'B9 Service ~9 22.98
4 Cubic Yards 153.71 285.80 417.90 550.00 682.08 Rent ~ 21.62
f45fR tt-HB 396,3G ~ 646,83 Service *93 30.51
6 Cubic Yards 212.94 398.27 583.60 768.94 954.27 Rent i!6,.f8 27.61
æi-:93 '?fF/-,69 ~ ~ 9!JoI..B5 Service ~ 42.80
8 Cubic Yards 268.82 504.75 740.67 976.59 1212.53 Rent:H-:æ 32.90
~ ~ ~ ~ -i-I-49Æ6 ~ .. ,~ ~4 40
Bulk Mat'!s ($/yd) 8.11 nJa nJa nJa nJa
'1-:69
4
B. CITY SOLID WASTE RETAINAGE AMOUNTS
Number of pickups per week
RECEPTACLE SIZE
I 2 3 4 5
32 Gallon Can .36 nla nla nla nla
60 Gallon Toter .25 nla nla nla nla
90 Gallon Toter .25 nla nla nla nla
1 Cubic Yard .50 .50 .50 .50 .50
1.5 Cubic Yards .50 .50 .50 .50 .50
2 Cubic Yards .50 .50 .50 .50 .50
3 Cubic Yards .50 .50 .50 .50 .50
4 Cubic Yards 1.50 1.50 1.50 1.50 1.50
6 Cubic Yards 2.30 2.30 2.30 2.30 2.30
8 Cubic Yards 3.04 3.04 3.04 3.04 3.04
Bulk Mat'ls ($/yd) 0 -
C.3. Roles Charged to Multi-family Customers for the Collection of Recyclobles Using Toters, Cans or Containers
(Franchisee retains 100% of rates).
RECEPTACLE SIZE Number of pickups per week
1 2 3 Special Pickups Rent (per month)
32 Gallon Can 5.56 nla nla nla nla
60 Gallon Toter 11.94 nla nla nla nla
90 Gallon Toter 14.73 nla nla nla nla
I Cubic Yard 34.60 60.76 86.91 6.04 8.45
2 Cubic Yards 58.28 103.57 148.87 10.46 12.99
3 Cubic Yards 72.12 127.81 183.49 12.86 16.44
4 Cubic Yards 92.62 166.57 240.53 17.08 18.66
6 Cubic Yards 127.71 231.58 335.46 23.99 23.83
8 Cubic Yards 160.47 292.53 424.60 30.50 28.40
Glass Basket 6.00
Glass 60 Gallon 9.47
5
D. Rates for Commercial Solid Waste Collection Services
Rates and Retainages for Collection of Solid Waste Using Toters, Cans or Containers
D.l. Rates Charged to Customers for Uncompacted Solid Waste Collection
Number of pickups per week
RECEPTACLE SIZE Rates Include the
I 2 3 4 5 Following: Monthly
Rent & Service Rate
Per Pickup
32 Gallon Can 8.92 nla nla nla nla
&:54
60 Gallon Toter 24.97 nla nla nla nla
~
90 Gallon Toter 36.86 nla nla n/a nla
35-:%9
I Cubic Yard 50.26 90.83 131.40 171.97 212.53 Rent~ 9.69
~ 86,% ~ MoH4 ~ Service ~ 9.37
1.5 Cubic Yards 67.12 121.93 176.75 231.57 286.38 Rent ~12.30
~ ~ ~ ~ ~ Service ~ 12.66
2 Cubic Yards 90.36 165.80 241.24 316.68 392.12 Rent -i<H9 14.93
86,5t ~ ;!3&;% 3e;H9 ~ Service *68 17.42
3 Cubic Yards 117.39 215.94 314.49 413.04 511.59 Rent +&:e4 18.84
+H,39 ~ 3Ghe9 395M 489-R9 Service ~ 22.76
4 Cubic Yards 152.26 283.09 413.94 544.78 675.61 Rent æ:5e 21.41
~ m,æ 396,39 ~ 646,83 Servic~ 30.22
6 Cubic Yards 210.92 394.50 578.07 761.65 945.22 Rent ~27.35
~ 3'FI-:69 553-ë44 ~ 99oH5 Service 4&:59 42.40
8 Cubic Yards 266.27 499.% 733.65 967.33 1201.03 Rent ~ 32.59
~ ~ 'tæ-:39 ~ H49:-86 ~. .. C~~,Q7
Bulk Mat'ls ($/yd) 8.03 nla nla nla nla
'1-:69
6
D.l. Rates charged for Compacted Solid Waste Collection (Customer's Own Container)
FIRST PICK- EACH ADDITIONAL
RECEPTACLE SIZE UP SPECIAL PICKUP PICKUP
I Cubic Yard 42.24 42.24 42.24
3 Cubic Yards 104.08 104.08 104.08
4 Cubic Yards 138.56 138.56 138.56
5 Cubic Yards 163.52 163.52 163.52
6 Cubic Yards 188.48 188.48 188.48
8 Cubic Yards 238.40 238.40 238.40
Note I:
Pennanent accounts: service is defined as no less than scheduled, every other week pickup. Customers will be charged
for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially filled
containers.
Note 2:
In addition to all other applicable charges, a charge of $10.56 per yard (assessed on a pro rata basis) will be assessed if
containers are filled past their visible full limit, container lids will not close due to overfilling, or if additional materials
are placed on or near the containers.
D.3. City Solid Waste Retainage Amounts
Number of pickups per week
RECEPTACLE SIZE
I 2 3 4 5
32 Gallon Can .12 nLa nla nLa nLa
60 Gallon Toter .25 nla nla nla nla
90 Gallon Toter .25 nla nla nla nla
I Cubic Yard .50 .50 .50 .50 .50
1.5 Cubic Yards .50 .50 .50 .50 .50
2 Cubic Yards .50 .50 .50 .50 .50
3 Cubic Yards .50 .50 .50 .50 .50
4 Cubic Yards 1.50 1.50 1.50 1.50 1.50
6 Cubic Yards 2.30 2.30 2.30 2.30 2.30
8 Cubic Yards 3.04 3.04 3.04 3.04 3.04
Bulk Mat'ls ($/yd) 0
7
,
SIZE OR TYPE OF CONTAINER
SERVICE TYPE
lYD 1.5YD 2YD 3YD 4YD 6YD 8YD
Temporary Account
Initial Delivery 15.00 15.00 15.00 15.00 15.00 15.00 15.00
Pickup Rate' 12.37 15.66 20.42 25.76 33.22 45.40 56.97
Rent Per Calendar 1.00 1.00 1.00 1.00 1.00 1.50 1.75
Day
Rent Per Month nla nla nla nla nla nla . oJa
.
. Note: The above pick-up rate applies when collection is made during the regularly scheduled pick-up day(s) for the vicinity of the
temporary container. Customer will be informed of the scheduled pick-up date (or date options) upon ordering container. If customer
requests a pick-up on other than the regularly scheduled pick-up date, a special dispatch fee may be assessed in addition to the above pick-
up rate.
There are no retainages associated with Temporary Solid Waste Collection Services
F. Rate for Special Dispatches and Container Clean-Outs
For residential or commercial special dispatches, the rate shall b $66.91 per hour, with a minimum of one-half hour, plus tipping fees to
dispose of the material (if such tipping fees are not already included in service requested). Time shall be chaFged from the time the vehicle
leaves its scheduled route (or the collector's teIminal) until its return to the route or terminal. Time shall be recorded to the nearest 15
minute increment.
Up to one container clean-out per calendar year shall be provided at no cost to the customer upon request. More frequent clean-out
customer clean-outs may be assessed a reasonable charge by the franchisee. There are no retainages associated with Special Dispatch or
Clean-out Services.
8
G. Drop-Box Rates
OLD RATE
PERMANENT M:NIHLYRINf NEW RATE OLD RATE NEW RATE DELIVERY
MONTHLY RENT (PER HAUL) (PER HAUL) CHARGE
20 Yard 3+:59 32.90 5+:-H 56.53 N/A
25 Yard ~ 36.58 ~ 56.53 N/A
30 Yard 4-H4 43.08 ~ 56.53 N/A
40 Yard 55-:% 57.72 5+:-H 56.53 N/A
OLD RATE HAULING
TEMPORARY OLD RATE DAILY RENT (PER HAUL) (PER HAUL) DELIVERY
20 Yard t:# 2.55 ~ 70.23 27.68
25 Yard ~ 3.26 ~ 70.23 27.68
30 Yard ~ 3.96 70.23 27.68
40 Yard ~ 3.96 70.23 27.68
ÇOM>A~
10+ Yard N/A 83.43 I N/A
Note: There are no retamages assocIated With Drop Box Services
H. King County Disposal Fee Increases
Any future disposal fee increases, as established by King County Solid Waste, for use of King County transfer stations, landfills, and other
King County facilities, shall be automatically passed through and assessed, after all public notice as required by law, against the use of
toters and containers designated for solid waste and not assessed against the use of toters or containers designated for recyclables.
I. Return Trips
When a collector is required to make a return trip to pickup material that was unavailable for collection, for reasons under the control
of the customer only, the following additional charges will apply.
Can, unit or mini-can, recycle bins, toters ...................................... $10.50
ContainerI-8yd ......................................................... $12.50
DropBox .............................................................. $32.50
October 7 1998
K: ICOUNCIL IAGDBILLSI 19981RA TEINC3. EXA
9
RXHIRIT "B": Solid Waste Franchise Agreement
(Pages 1-8,
CITY OF FEDERAL WAY FRANCHISE
FOR SOLID WASTE AND RECYCLING. COLLECTION
The City of Federal Way, Washington, a Washington municipal
corporation (hereinafter "City.), grants to Federal Way Disposal
Company, Inc., a cOrporation qualified to do business in Washington
(hereinafter "Franchisee"), a Franchise for Solid Waste and
Recycling Collection as set out more fully herein.
WHEREAS, the City of Federal Way incorporated on February 28,
1990; and
WHEREAS, the Franchisee had a franchise through the Washington
Utilities and Transportation Commission ("W. U. T. C. ") for the
collection of solid waste for a major portion of what is now the
City;. and
WHEREAS, State law requires that any W.U.T.C. f~anchise for
solid waste and recycling 'collection existing at tl:1~ time of
incorporation continue for a period of five years; and
WHEREAS, the City desires to grant, and Franchisee desires to .-.
obtain, a municipal franchise for the provision of solid waste and
recycling collection; and
WHEREAS, it is in the best interest for the public health,
safety and welfare that the' City grant a franchise for the
provision of these services; and
WHEREAS, the Franchisee desires to waive any rights ~t may
have to participate in the ongoing W.U.T.C. franchise as
consideration for entering into this Franchise and to hold the City
harmless for any actions, damages, or liabilities that may arise as
a result of waiving the W"U.T.C. franchise and entering into this
municipal franchise; NOW, THEREFORE,
In consideration of mutual promises and agreements contained
herein, it ig agreed as follows:
1. ~. The Franchisee hereby waives any rights it may
have to participate in the ongoing W.U.T.C. franchise as
consideration for entering into this Franchise and agrees to hold
the City harmless for any actions, damages, or li~bilities that may
arise as a result of waiving the W. U. T. C. . franchise .a!1.d entering
into this municipal franchise.
2.
Definitions.
As used in this Franchise the following
- 1 -
------------.
...-.-.-----..------.--..
.. .---------..
----------------.. ._--~----_.._-"-"_..~~------
definitions àpply:
A. "Collection Company" means the persons, firms or
corporations or combination thereof certified by the Washington
Utilities and Transportation Commission ("W. U. T. C.") pursuant to
chapter 81.77 RCW to engage in the business of operating as both a
garbage and refuse collection company, including an authorized
franchisee for the collection of recyclable materials under this
Chapter in areas including all or part of the City.
B. "Commercial Customer" shall mean a non-residential,
non-industrial customer and thoDe multi famil) complcxes no~
selecting residential se~.ice fer each unit.
. . C. "Co~minaled Recyc~able M~teria~s" sha~~:~~~de.:: ¿
ffiln1mum: uncontamlnated 1;>aner ltems lnc1udlna: ca"", ~~~
waste paGer. newspa1;>er. an~ maaazines- a:d ~~n~:~~:~~~~:~u~~~~:
HDPE and PET labeled Dlastlc bottles. and te ~ ~ ~~:
DrOV] ded tha;- such co~t~iners are e~Dtv ~: t~::~ ~~~~~~:; ~u~~~~:~
clean. and dld.not or]a~nallv conta~n ha rd s ..~~: ~:L .L~
J;>rovider may acce1;>t additional recyclable mat~;i-a{~ n 0 th' s
list at their sole discretion.
€7Jl... "Detachable Container" means any garbage or
recycling receptacles compatible with the Franchisee's equipment
that is not a mini-can, standard garbage can, garbage unit, or
mobile toter. Drop boxes are considered detachable containers.
Detachable containers are generally provided by Federal Way
Disposal, but may be owned by cust~mers at the customer's request
and with the Franchisee's approval.
~.!L. "Director" means the Director of the Public Works
Department.
B--:..E.... "Eligible Household" shall mean a resiàcnce
residential structure containing not more than four (4) dweliing
units and in which each unit receives single-family ~
residential collection services.
F-:-Q.... "Environmental Damage" as the term used in this
chapter shall include but not be limited to damages, costs, claims
and liabilities for alleged injury, harm or degradation to the air,
soils, surface water or ground water, damages, costs, _claims and
liabilities for personal injury or property damages (including
diminution or .destruction of property values) arising from any such
alleged injury, harm or degradation. This term shall also include
any investigative, response or remedial costs or liabilities that
may be incurred or imposed under CERCLA, 42 USC §9601 et seq.;
~
, '-.'
RCRA, 42 USC §6902 et seq.; the State Water Pollution Control Act,
RCW 90.48; the Washington Clean Air" Act, RCW 70.94; the State
Hazardous Management Act, RCW 70.105; the State Hazardous Waste Fee
Act, RCW 70.105A; and other Federal or State environmental laws.
The term shall not include capital, operating and management costs
in accordance with current or future standard practices or required
by applicable regulations governing the operation of solid waste
facilities.
~ "Extra Unit" is defined as ""garbage set out in
addition to the amount of service subscribed to by the customer,
such as large items as flocked Christmas trees and garbage in
boxes, cartons, bags, garbage receptacles, etc. Each extra unit is
from one to 32 gallons and shall not exceed 32 gallons, 4 cubic
feet or 65 lbs. (including contents). An extra unit charge shall
be levied when an extra unit is set" out by a customer. and collected
by the Franchisee.
H-:-L. "Franchisee Retainage" means' the amount- of the
monthly rate per account that shall be retained by th~Franchisee
from actual cash collections in c~nsideration for the cost of
Service.
~ "Garbage" means all accumulation of refuse, swill,
and other solid waste matter not intended for recycling or reuse
and discarded as of no further value to the owner.
1. "Refuse" means "waste matter discarded as of no
further value, "including broken concrete, plaster, brick, other
building materials, building wast~, fire refuse and waste, ashes,
cinders, clinkers, broken-up household furnishings and equipment,
discarded hot-water tanks, bottles, barrels, cartons, and scraps of
wooden crates and boxes; but shall exclude large trees, earth,
sand, gravel, rock, automobile bodies, and large auto parts.
2. "Swill" means all accumulations of animal,
fruit or vegetable matter, liquid or otherwise, that attends the
preparation, use, dealing in or storing of meat, fish, fowl, fruit,
and vegetables.
3. The term "Garbage" excludes recyclable
materials intended for recycling under this Chapter, yard waste,
manure, sewage and sewage sludge, dead animals over fifteen (15)
pounds, and cleanings from public and private catch basins, wash
racks or sumps. Collection and disposal of matter excluded from
the term "Garbage" shall be as otherwise provided by law.
a:-.]L. "Garbage Receptacle" includes detachable containers,
- J :
-----h_-h____--_--------- ..-
mini-cans, standard garbage can, garbage unit and/or mobile toters.
*-:-L..... "Garbage Units. means secure and tight bundles, none
of which shall exceed three (3) feet in the longest dimension and
shall not exceed sixtY-five (65) pounds in weight. Garbage units
may also mean small discarded boxes, barrels or bags, or securely
tight cartons or other receptacles not intended for recycling under
this Chapter and able to be reasonably.handled and loaded by one
person unto a collection vehicle.
~ "Industrial Customer. shall mean any commercial
customer for municipal solid waste collection services in the City
generating in excess of one hundred seventy-five (175) tons of
municipal solid waste per week on an on-going basis.
M-,.:/L.. "Industrial Waste" shall mean and include waste
generated as a by-product of manufacturing operations, usually
consisting of large quantities of paper, cardbbard, metal, plastic,
scrap lumber and dunnage, and other materials incide~tal to and
connected with manufacturing process and not otherwise included in
the definition of "Garbage", "Hazardous", or "Special Waste", .as
described herein.
-
~ "Mini-can" shall mean a ten or twenty gallon can
used for the collection of residential garbage by the Franchisee..
These cans shall be provided by the Franchisee and shall remain the ,.
property of the Franchisee. They. are provided and assigned to
residences for the health, safety, convenience and general welfare
of the occupants.
-.
'.
~£.... "Mobile Toter" means a moveable receptacle which
holds sixty (60) to (90) gallons at a maximum of two hundred (200)
pounds. of garbage, and a hinge type and lid with tight fit, thick-
skinned, one-piece balanced weight body which sits on tires, which
will be picked up at curbside with hydraulic equipment. These
toters shall be provided to customers subscribing to toter service
by the Franchisee and shall remain the property of the Franchisee.
They are provided and assigned for the health, safety, convenience
and general welfare of the customers.
fL=-Q.... "Multiple-Fåmily Complex" shall
containing five (5) or more dwelling units-
mean
a
structure
R. "Multi-family Customer" shall mean residences containinG
five (5) or more dwellinG units not selectinG sinGle fa~ilv residential
service for each unit. .
0~~ "Payments to the City" means the amount of the rate
-1 -
per aCCOunt less the franchise retainage amount that shall be paid
to the City within thirty (30) days from the billing of Customer
accounts.
R-:.:r.... "Person" means every person, firm, partnership,
association, institution, or corporation in the City of Federal Way
accumulating garbage requiring disposal or generating,
accumulating, and collecting recyclable materials. The term shall
also mean the occupation and/or the owner or any premises for which
service herein mentioned is rendered. - -
B-:-!l... "Recycling Receptacle" includes the following;
1) designated bins, mobile toters or detachable containers in
which recyclable materials can be stored and- .-later placed at
curbside, alley side or other location designated by the Director
or the Franchisee with the concurrence of the Director. -
2) designated commercial detachable conbainers and compactors at
locations as may be specified by the Director or 3) any bag, box
or containment unit set out by the customer that-..i.s .clearly
identifiable to collection personnel by means of a lab~ or sign,
as containing recyclables, which must also be collected by
collection personnel when recyclables are collected, except when
such containment units exceed sixty-five (65) pounds in weight.
'i'-:-Y... "Recyclable Materials" means waste materials
generated iri the City of Federal Way capable of reuse from a waste
stream as designated by the Director, including but not limited to
sorted or unsorted newsprint, glas¡;¡, aluminum, ferrous and non-
ferrous cans, HDPE and PET plastic-bottles (bottles are defined as
having a neck) except bottles tha.t once contained dangerous or
household hazardous waste, mixedp~per, magazines, and cardboard
accumulated and intended for recycling or reuse and collection by-
the Franchisee. This term excludes all dangerous wastes and
hazardous wastes defined in chapter 70.105 RCW~nd chapter 70.10SA
RCW, yard.wastes and solid wastes intended for disposal in a land
fill, incinerator, or solid waste disposal facility under WAC 173-
304. All recyclable materials intended for collection by the
Franchisee shall remain the responsibility and ownership of
participants until such materials as contained in recycling
receptacles are placed out for collection by the Franchisee.
Materials then become the responsibility and the property of the
Collection Company or authorized contractor subject to the right of
the participant to claim lost property of value.
w. "Residential customer" shall inc]ude both
househo]ds and mult~ple-familv customers as defined herein.
eli aible
- 5-
-.
-.
"~~~._._._... ....
_-n_..-
..___.n__.__.---
. ~. .":~n~~ :a~j]v .Resident.i~l ~:-rv~;:: :::11 ~:~n ~:]~:~~ .
~=~~~~ ~OV~~d ~ ~ect1On comoan' c _.~~;" ~L; ~;e ~~~~~
~::::;~;a: . ~:~ 'n.u,:~., buain.;;~; ~:;( . vi ~ :::";' ;:~~~
~~~~~t:~ c~~~e co~ ]:ct:J n of so~~~~-se te rec 1 ] ma .
listed in Section 3.B of this francDise without extra charq~
B'-.L "Solid Waste" shall be as defined under WAC 173-304-
100 (73), and includes refuse with the exception of sludge from
wastewater treatment plants and septage, from septic tanks,
extremely hazardous wastes, dangerous wastes, and problem wastes as
defined in WAC 173-303 and 1.73,.304, and chapter 70.105 RCW and
chapter 70.1.05A RCW.
¥-:-.z.... "Solid Waste Utility "shall mean that fund of the
City of Federal Way managing the financial and administrative
responsibility for solid waste collection and disposal and
recycling.
-
. w-,.M. "Solid Waste Utility Program" shall mean the
functions performed by the City associated with solid waste
collection and disposal and recycling.
*-'-M...... "Special Dispatch". A pick-up requested by a
resident or business at a time other than the regularly scheduled
pick-up time, if applicable. If a special dispatch is required,
the rates as adopted in the ordinance concerning rates adopted by
the City Council will apply. .
..
-
¥-"AQ.", "Standard Garb~ge Can" means a water tight,
galvanized, sheet metal, raised-bottom containment unit or suitable
plastic containment unit approximately but not exceeding 4 (four)
cubic feet or thirty-two (32) gallons in capacity, weighing not
over fifteen (1.5) pounds when empty, fitted with two sturdy
handles, one on each side, and a tight cover equipped with a
handle. Standard garbage cans shall be provided by residents.
'3-.A!:L.. "Waste, Hazardous or Dangerous," means any
solid waste designated as dangerous or hazardous waste by the State
Department of Ecology under chapters 70.1.05 and 70.105A RCW, and
such waste shall be disposed of consistent with the Department of
Ecology Rules and Regulations.
M-.AE. "W.V.T.C." means the Washington Utilities and
Transportation Commission.
AB--.AF, "Yard Waste" shall include, but notnbe limited
to: grass clippings. shrubbery, leaves, tree limbs and branches,
-6 -
;.,~,',~.: ~.
which branches cannot exceed three (3). inches in diameter and four
(4) feet in length, and excl~des'soà and rocks.
~8Q... "Yard Waste Bundles" shall consist of yard
waste limbs and branches and shall no~ exceed any of the follOwing
maximums: four foot length; two foot diameter; or weight of sixty-
five (65) pounds.
3.
Sco¡;>e of Work.
A.. The Franchisee agrees to furnish all labor, materials,
facilities, services and equipment necessary and to collect, process and
market all recyclables and to collect all solid waste, garbage, refuse, or
yard waste accumulated within the boundaries of the City of Federal Way and
within the parameters of the W.U.T.C. Commission franchise for collecti9n
currently held by the Franchisee. The work will be performed in accordañèe
with all'ordinances, rules. and regulations o~the City, in accordance with
the provisions of the King County Comprehensive Solid Waste Management Plan
with Addenda as adopted by the City and the Interlocal Agreement-enter~d into
between the County and the City and in accordance with t~ terms of this
Franchise.
B. The Franchisee agrees to collect, process and market.:a:I-.l
newspaper, magazines, mixed waste paper including cardboard, aluminum.and t1il
cans, glass bottles and jars, HDPE and. PET bottles (bottles are defined as
~ving a neck), except bottles that once contained dangerous or household
..-".zardous wast:e, mat:erials and yard waste placed on t:he curb by City
resident:s for collect:ion, all in accordance 'with t:he Federal Way Waste
Reduction and Recycling Program adopt:ed by t:he Cit:y and any addenda theret:o.
Addit:ional materials may be added by m~tual agreement of the City and the
Franchisee. In those instances when an added commodity increases Franchisee
costs, the City and the Franchisee will negotiate a change in the rates.
MultiDle-fami]y customers shal] be e1iqib]e to receive col1ecti~ ~f
C~mmi nq] ed Rec:clab] e Mater] a] s. in ac:ordance with ra;:~ :::::5~:~:~ ~~ ~~e
C~ty for CommJ nqled Recyclable Mater~a] sand standar ] t n
services for Multi-family customers
C. The Collection Franchisee shall provide,
operate a Center which would provide the following programs:
maintain and
1.
Buy-back Center - for those citizens who wish to
take their recyclables to a buy-back center and
recei ve payment. The items accepted must be the
same as those accepted in the curbside collection
program. However,' the buy-back center will only pay
for those items which it determin~s shall receive
cash reimbursement. Customers of the Franchisee who
-7
.-'h__.__.-. ... ....-...
- " ._-~_..
"--"~~T~~~
are billed directly for garbage collection shall be .:'
credited on their. solid waste collection account in '
an amount. not to exceed $~.oo per month, providing
that customers submit with garbage and recycling
service payments (not more than 90 days old) a
receipt provided by the drop-off center.
2.
Drop Center To collect white goods, bulky items,
yard wastes and chipping services.
Th~ City reserves the right to add or delete materials, collection
items and services, and allow modification of the location of the center when
mutually agreed upon between ,the City and Franchisee.
If the Center is provided through a subfranchisee, that subfranchisae
shall be subj ect to the same terms and conditions of this Franchis~.-
including but not limited to bonding and insurance requirements. The
Franchisee shall not assign or subfranchise any of the work or,delegate any
of its duties under the Franchise without the prior writte~-approval of the
Director. .
If the Federal Way Neighborhood Recycling Center decides not to provide
the buy-back center/drop-off center services, the Franchisee will make eve~
. effort to provide such within six (6) months of the date of this Franchis~.
may elect
is deemed
the rates
D. The program is voluntary for City residents. The Ci~y
to enact mandatory participation legislation. If such legislation
likely to affect the Franchisee's cost, the City will renegotiate
and retainages. ,
h
E. Curbside collection of recyclables will be from €:i-I:y
aili!JlE. famil) rE.siàcnccs and multi famil} àllClliag3 I,'ith feur o:r fcl,'cr units
eliaibJ e households. The City may elect to. extend collection to other
residences and will renegotiate the price with the Franchisee should it do
so.
F. Collection of solid waste shall be from all single-
family, multi-family dwellings, industrial and commercial units within the
City.
G. The Franchisee shall supply all the labor, equipment,
facilities, financial guarantees, liability insurance and fees for disposal
sites required to provide the service as described in this Franchise.
This Agreemént shall not prohibit the customary collection and sale of
~-~yclable and reusable materials by persons or private recyclers. provideè
~ the Franchisee has the exclusive right to collect curbside recyclables,
-8.