Ord 99-343
I
ORDINANCE NO. 99-143
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, CONSENTING TO
THE SALE OF FEDERAL WAY DISPOSAL CO., INC. AND
AMENDING THE CITY OF FEDERAL WAY FRANCHISE
FOR SOLID WASTE AND RECYCLING COLLECTION, AND
SETTING RATES FOR SOLID WASTE AND RECYCLING
COLLECTION AND DISPOSAL SERVICE (AMENDS
ORDINANCE NOS. 94-221, 95-236, AND 98-321).
WHEREAS, Federal Way City Code ("FWCC") Section 12-52 provides that
garbage collection shall be made by garbage and refuse collection companies as authorized by the
WUTC pursuant to RCW ch. 81.77 and under franchise with the city for such collection; and
WHEREAS. garbage and recycling collection within the City of Federal Way is
currently provided by Federal Way Disposal Co., Inc., under the City of Federal Way Franchise
for Solid Waste and Recycling Collection dated March 16, 1993; and
WHEREAS. Section 12 of said Franchise provides that neither the franchise nor
any interest in the rights or responsibilities of the franchisee shaH be sold, assigned, transferred
or sublet either voluntarily or involuntarily without the prior written consent of the City, nor shall
any interest in the franchisee' s business affected by the Franchise be sold without such consent
having been given; and
WHEREAS. on October 28, 1998, Federal Way Disposal Co., Inc. formally
notified the City that Waste Management. Inc. had entered into an agreement to acquire control
of Federal Way Disposal. and requested that the City of Federal Way approve such acquisition;
and
ORD # 99-343
. PAGE I
t~~1f
WHEREAS, the Stock Purchase and Sale Agreement between Federal Way
Disposal Co., Inc. and USA Waste of Washington, a wholly-owned subsidiary of Waste
Management, Inc., provides that the transaction shall not close until all governmental authorities
whose consent is required have consented to the sale of Federal Way Disposal Co., Inc.; and
WHEREAS, USA Waste of Washington, Inc. has merged with and is now known
as Washington Waste Hauling & Recycling, Inc.; and
WHEREAS, City of Federal Way staff have reviewed the proposed transaction and
the operating history and practices of USA Waste of Washington, Washington Waste Hauling &
Recycling, Inc. and Waste Management, Inc., and have proyided the results of said review to the
City Council; and
WHEREAS, the City Council desires to consent to the proposed sale of Federal
Way Disposal Co., Inc., provided that such consent is conditioned upon necessary amendments
to the Franchise to protect the City of Federal Way and the public health, safety and welfare;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section I. Findings. The City Council hereby makes the following findings of
fact:
A.
Federal Way Disposal Co., Inc. shows a loss on paper which is reflective of the
way the company's shareholder assets are currently managed, rather than the revenue and
operating costs necessary to operate the franchise. Waste Management's fmancial records also
show a loss due to its recent expansion (the 1998 merger of the first- and third-ranked national
hauling companies). These two factors could lead Washington Waste Hauling & Recycling to
ORD # QQ-~4~
, PAGE 2
increase rates, to pay for merger and acquisition costs or cover any .paper" losses incurred by
Federal Way Disposal Co., Inc. To protect the City of Federal Way and its ratepayers against
this possibility, current solid waste collection rates must be frozen through the existing term of
this franchise, except for "pass throughs" of disposal increases by King County, or disposal cost
decreases that may result from direction of tonnage to facilities owned by entities other than the
County.
B.
Waste Management Inc. andlor its subsidiaries have been involved in extensive
litigation throughout the country, including litigation concerning disposal practices. Waste
Management Inc. subsidiaries in the Pacific Northwest, however, presently possesses a
comparatively clean legal record. To protect the City of Federal Way against the potential for
litigation of the type that has arisen elsewhere in the country, several changes to the existing
Franchise are necessary, including:
1.
a provision specifically requiring the franchisee to comply with all laws in
perfonning its obligations, and providing the City the ability to terminate
the franchise if the franchisee fails to comply with any laws material to the
franchise; and
2.
detailed "Liquidated Damages. provisions to penalize failure to perform
key obligations under the franchise; and
C.
Waste Management andlor its subsidiaries have been involved in disputes
concerning transfer of franchises to andlor from Waste Management and/or its subsidiaries. To
protect the City in the event of such disputes in the future, revision of the Franchise provision
concerning assignment and transfers are necessary.
ORD # 99-141
,PAGE 3
Section 2. Consent to Sale of Federal Wav DisDosal Co. Inc. The City of Federal
Way hereby conditionally consents to the sale of Federal Way Disposal Co., Inc., to Washington
Waste Hauling & Recycling, Inc., via the Stock Purchase and Sale Agreement Among USA Waste
of Washington and Bruce Leven dated October 29, 1998. The City of Federal Way's consent is
conditioned upon Washington Waste Hauling & Recycling, Inc. 's agreement to and execution of
an amended City of Federal Way Franchise for Solid Waste and Recycling Collection, in the fonn
attached hereto as Exhibit A. Failure of Washington Waste Hauling & Recycling, Inc. to execute
the amended Franchise in the fonn attached as Exhibit A within fifteen (15) days of the date of
this Ordinance shall render the consent given in this section null and void without further action
by the City of Federal Way or its City Council.
Section 3. Amendment of Franchise. The City of Federal Way Franchise for Solid
Waste and Recycling ColIection dated March 16, 1993 and amended by Ordinance Nos. 94-221,
95-236, and 98-321, is hereby amended as set forth in Exhibit A attached hereto.
The City
Manager is authorized to execute the amended Franchise following receipt of the amended
Franchise executed by Washington Waste Hauling & Recycling, Inc.
Section 4. Rates for Service. The rates for solid waste and recycling collection
and disposal service shall be as set forth in Section 34 of the Franchise, as amended in Section 3
of this Ordinance above.
Section 5. Severability. The provisions of this ordinance are declared separate and
severable. 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 circumstance, shall not
affect the validity of the remainder of the ordinance, or the validity of its application to other
ORD # 99-343
, PAGE 4
persons or circumstances.
Section 6. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 7. Effectiye Date. This ordinance shall take effect and be in force five (5)
days from and after: (1) execution of the Franchise for Solid Waste and Recycling Collection
attached hereto as Exhibit A; and (2) passage and publication of this ordinance, as provided by
law.
PASSED by the City Council of the City of Federal Way this 1st
day of
June, 1999.
CITY O~~RAL WAY
~\drø5
MAYOR, RON GINTZ
51T
( ø~~~i>~:¡k'--'
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
.-¡þ,~-~~~~
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK: 5/17/99
PASSED BY THE CITY COUNCIL: 6/1/99
PUBLISHED: 6/5/99
EFFECTIVE DATE: 6/19/99
ORDINANCE NO. 99-141
K,IORDINlswconsen.sal
ORD # 99-343
, PAGE 5
CITY OF FEDERAL WAY FRANCHISE
FOR SOLID WASTE AND RECYCLING COLLECTION
TABLE OF CONTENTS
Page
1. Waiver.....................................................................................................................................2
2. Defmitions...............................................................................................................................2
3. Scope of Work ........................................................................................................................6
4. Exclusive Right and Anti-Scavenging .................................................................................... 8
5. Duration of Franchise .............................................................................................................8
6. Recyclable Materials Designated............................................................................................8
7. Yard Waste Collection............................................................................................................9
8. Collection Requirements......................................................................................................... 9
9. Company Name .................................................................................................................... 14
10. Annexation............................................................................................................................ 14
11. Billing Service ......................................................................................................................14
12. Assignment ........................................................................................................................... 14
13. Processing Requirements...................................................................................................... 14
14. Transportation and Marketing Requirements ....................................................................... 15
15. Publicity and Public Education Requirements...................................................................... 15
16. Reporting Requirements .......................................................................................................16
A. Monthly Project Reports .............................................................................................. 16
B. Quarterly Project Status Reports .................................................................................. 16
C. Annual Reports............................................................................................................. 17
D. Ad Hoc Reports ............................................................................................................ 18
E. Additional Information.................................................................................................18
F. Books, Records, and Audits ......................................................................................... 18
17. Performance Bond ................................................................................................................19
18. Personnel Practices ...............................................................................................................19
A. Non-Discrimination......................................................................................................19
B. OSHNWISHA............................................................................................................. 20
C. Training ........................................................................................................................20
D. Preyailing Wage or Collective Bargaining Agreement................................................ 20
E. Franchisee's Personnel................................................................................................. 20
19. Franchise Administration......................................................................................................21
20. Insurance ...............................................................................................................................22
A. General Requirements .................................................................................................. 22
B. Coverage.......................................................................................................................22
C. Minimum Limits...........................................................................................................23
D. Required Endorsements................................................................................................ 23
E. Standard Limits ............................................................................................................24
F. Endorsement for Additional Insured ............................................................................ 24
G. ACORD Form ..............................................................................................................25
H. Workers' Compensation...............................................................................................25
I. Compliance Required ...................................................................................................25
50079321.0<
(i)
21. Assignment, Sub-Franchising, Delegation of Duties............................................................ 25
22. Failure to Perform Franchise Obligations............................................................................. 26
A. Liquidated Damages.....................................................................................................26
B. Bankruptcy """"".""."."".""".."'.'.""""'.".'.'.'""""".."",........................................... 28
C. Laws to Goyern Venue, Attorney Fees ........................................................................ 28
D. Failure to Perform ........................................................................................................28
E. Enforcement of Agreement ..........................................................................................29
F. Right to Require Performance......................................................................................29
G. Illegal Provisions.......................................................................................................... 29
H. Force Majeure........................................................................................................:......29
23. Taxes .....................................................................................................................................29
24. Hold Hannless and Indemnity .............................................................................................. 29
25. Complaints............................................................................................................................30
26. Litter...................................................................................................................................... 30
27. Hazardous Waste Notification..............................................................................................30
28. Reserved................................................................................................................................ 30
29. Management Performance Requirements ............................................................................. 31
A. Franchisee's Responsibilities .......................................................................................31
B. City's Responsibilities..................................................................................................33
30. Modification.......................................................................................................................... 33
31. Effective Date ....................................................................................................................... 33
32. Damage to Property .............................................................................................................. 33
33. Payment of Claims................................................................ ................................................33
34. Rates...................................................................................................................................... 33
35. Service to New Customers.................................................................................................... 34
36. City Owned Property and Buildings.....................................................................................34
37. Severability ...........................................................................................................................35
38. Capital Expenditures.............................................................................................................35
39. Transition to Next Contractor ............................................................................................... 36
5007932304
(ii)
CITY OF FEDERAL WAY FRANCmSE
FOR SOLID WASTE AND RECYCLING COLLECTION
The City of Federal Way, Washington, a Washington municipal corporation (hereinafter
"City"), grants to Washington Waste Hauling & Recycling, Inc., a Waste Management company.
a corporation qualified to do business in Washington (hereinafter "Franchisee"), a Franchise for
Solid Waste and Recycling Collection ("Franchise") as set out more fully herein, which the
Franchisee hereby accepts.
The parties agree as follows:
A.
Recitals.
WHEREAS, the City of Federal Way incorporated on February 28,1990; and
A.l The Federal Way Disposal Company ("Federal Way Disposal") 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
A.2 State law requires that any W.U.T.C. franchise for Solid Waste and
recycling collection existing at the time of incorporation continue for a period of five years; and
A.3 The City granted and Franchisee obtained, a municipal franchise for the
provision of Solid Waste and recycling collection; and
AA 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
A.5 Federal Way Disposal waived any rights it had under RCW 35.02.160 and
RCW 35A.l4.900 or otherwise related to Solid Waste collection in the City as consideration for
entering into this Franchise and agreed to hold the City hannless for any actions, damages, or
liabilities that may arise as a result of waiving such rights and entering into this municipal
franchise;
A.6 Franchisee acquired the assets of Federal Way Disposal and desired to
assume the rights and obligations of Federal Way Disposal under its franchise with the City.
A.7 The City agreed to assign the franchise held by Federal Way Disposal to
the Franchisee on the terms and conditions set forth herein. This is a continuation of the
franchise held by Federal Way Disposal with certain modifications deemed necessary by the City
related to the assignment to the Franchisee.
A.8 The Franchisee represents and warrants that it has the authority to enter
into this Franchise and that this Franchise has been duly authorized by proper action of the
Franchisee.
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1. Waiver. 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 liabilities that may arise as a result of waiving the
W.U.T.C. franchise and entering into this Franchise which constitutes the franchise required
under RCW 35.02.160 with respect to City boundaries as of February 28, 1990 and the franchise
required under RCW 35.13.280 and 35A.14.900 with respect to areas annexed to the City after
February 28, 1990 and served by the Franchisee pursuant to this Franchise.
2.
Definitions. As used in this Franchise the following definitions apply:
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.
C. "Commingled Recyclable Materials" shall include at a minimum:
uncontaminated paper items including: cardboard, mixed water paper, newspaper, and
magazines; and containers including: HDPE and PET labeled plastic bottles, and steel and
aluminum cans, provided that such containers are empty of their original contents, clean and did
not originally contain hazardous substances. Service proyider may accept additional recyclable
materials not on this list at their sole discretion.
D. "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 proyided by Federal Way Disposal, but may be owned by customers at
the customer's request and with the Franchisee's approval.
E.
"Director" means the Director of the Public Works Department.
F. "Eligible Household" shall mean a residence containing not more than
four (4) dwelling units and in which each unit receives single-family residential service.
G. "Environmental Damage" as the term used in this Franchise 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,
chapter 90.48 RCW; the Washington Clean Air Act, chapter 70.94 RCW; the State Hazardous
50079323.04
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Management Act, chapter 70.105 RCW; the State Hazardous Waste Fee Act, chapter 70.10SA
RCW; and other Federal or State enyironmentallaws or that is related to Hazardous Waste.
H. "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.
I. "Franchisee Retainage" means the amount of the monthly rate per account
that shall be retained by the Franchisee from actual cash collections in consideration for the cost
of service.
1. "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 yalue,
including broken concrete, plaster, brick, other building materials, building waste, 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, grayel, rock, automobile bodies, and large auto parts.
2. "Swill" means all accumulations of animal, fruit or yegetable
matter, liquid or otherwise, that attends the preparation, use, dealing in or storing of meat, fish,
fowl, fruit, and vegetables.
3. The tenn "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 and Hazardous Waste. Collection and disposal of matter excluded from the tenn
"Garbage" shall be as otherwise provided by law.
K. "Garbage Receptacle" includes detachable containers, 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.
M. "Hazardous Waste" means any waste, material or substance (other than
household hazardous wastes as defined under WAC 173-315-020), that is:
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1. defined as hazardous by 40 C.F.R. Part 261 and regulated as
hazardous waste by the United States Environmental Protection Agency under Subtitle C of the
Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as
amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic
Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation
governing the treatment, storage, handling or disposal of waste imposing special handling or
disposal requirements similar to those required by Subtitle C ofRCRA;
2. defined as dangerous or extremely hazardous by Chapter 173-303
WAC and regulated as dangerous waste or extremely hazardous waste by the Washington State
Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105
RCW, or any other Washington State statute or regulation goyerning the treatment, storage,
handling or disposal of wastes and imposing special handling requirements similar to those
required by Chapter 70.105 RCW; or .
3. certain waste that after the effective date of this Franchise comes
within the scope of (1) or (2) of this definition as detennined by a governmental entity with
jurisdiction.
Notwithstanding the foregoing, any waste that after the effective date of this Franchise
ceases to be included in (I) or (2) of this definition as detennined by a governmental entity with
jurisdiction shall not be deemed Hazardous Waste.
N. "Industrial Customer" shall mean any cornmercial 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.
O. "Industrial Waste" shall mean and include waste generated as a by-product
of manufacturing operations, usually consisting of large quantities of paper, cardboard, metal,
plastic, scrap lumber and dunnage, and other materials incidental to and connected with
manufacturing process and not otherwise included in the definition of "Garbage", "Hazardous",
or "Special Waste", as described herein.
P. "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.
Q. "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.
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5007932304
R. "Multiple-Family Complex" shall mean a structure containing five (5) or
more dwelling units.
S. "Multi-family Customer" shall mean residences containing five (5) or
more dwelling units not selecting single family residential service for each unit.
T. "Payments to the City" means the amount of the rate per account less the
Franchise retainage amount that shall be paid to the City within thirty (30) days from the billing
of customer accounts.
U. "Person" means every person, fInn, partnership, association, institution, or
corporation in the City of Federal Way accumulating Garbage requiring disposal or generating,
accumulating, and collecting recyclable materials. The tenn shall also mean the occupation
and/or the owner or any premises for which service herein mentioned is rendered.
v.
"Recycling Receptacle" includes the following:
I) 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 containers 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 is clearly
identifiable to collection personnel by means of a label or sign, as containing Recyclable
Materials, which must also be collected by collection personnel when Recyclable Materials are
collected, except when such containment units exceed sixty-five (65) pounds in weight.
W. "Recyclable Materials" means waste materials generated in 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, glass, aluminum, ferrous and non-ferrous cans,
HDPE and PET plastic bottles (bottles are defined as having a neck) except bottles that once
contained dangerous or household hazardous waste, mixed paper, magazines, and cardboard
accumulated and intended for recycling or reuse and collection by the Franchisee. This tenn
excludes all Hazardous Waste, Yard Waste and Solid Wastes intended for disposal in a land fill,
incinerator, or Solid Waste disposal facility under chapter 173-304 WAC. 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.
X. "Residential customer" shall include both eligible households and
multiple-family customers as defined herein.
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50079323.04
Y. "Single Family Residential Service" shall mean collection service
proyided by collection company to customers which are neither commercial nor industrial
businesses. This service shall include separate curbside collection of source-separated recyclable
materials listed in Section 3.B. of this Franchise without extra charge.
z.
"Solid Waste" shall be as defined under WAC 173-304-100(73), and
includes refuse with the exception of sludge ITom wastewater treatment
plants and septage ITom septic tanks, and also excludes Hazardous Waste.
AA. "Solid Waste Utility" shall mean that fund of the City of Federal Way
managing the financial and aclministratiye responsibility for Solid Waste collection and disposal
and recycling.
BB. "Solid Waste Utility Program" shall mean the functions perfonned by the
City associated with collection and disposal and recycling.
CC. "Special Dispatch". A pick-up requested by a resident or business at a
time Solid Waste 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.
DD. "Standard Garbage 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
(15) 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 proyided by residents.
EE.
"W.U.T.C." means the Washington Utilities and Transportation
Commission.
FF. "Yard Waste" shall include, but not be limited to: grass clippings,
shrubbery, leayes, tree limbs and branches, which branches cannot exceed three (3) inches in
diameter and four (4) feet in length, and excludes sod and rocks.
GG. "Yard Waste Bundles" shall consist of Yard Waste limbs and branches
and shall not exceed any of the following maximums: four foot length; two foot diameter; or
weight of sixty-five (65) pounds.
3.
Scope of Work.
A. The Franchisee agrees to furnish all labor, materials, facilities, services
and equipment necessary and to collect, process and market all Recyclable Materials and to
collect all Solid Waste, Garbage, refuse, or Yard Waste (but not Hazardous Waste) accumulated
within the boundaries of the City of Federal Way. The work will be perfonned in accordance
with all ordinances, rules and regulations of the City, in accordance with the proyisions of the
50079323."
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King County Comprehensive Solid Waste Management Plan with Addenda as adopted by the
City and the Interlocal Agreement entered into between the County and the City and in
accordance with the tenns of this Franchise.
B. The Franchisee agrees to collect, process and market all newspaper,
magazines, mixed waste paper including cardboard, aluminum and tin cans, glass bottles and
jars, HDPE and PET bottles (bottles are derIDed as having a neck), except bottles that once
contained dangerous or household hazardous waste, materials and Yard Waste placed on the curb
by City residents for collection, all in accordance with the Federal Way Waste Reduction and
Recycling Program adopted by the City and any addenda thereto. Additional materials may be
added by mutual 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.
Multiple-family customers shall be eligible to receive collection of Commingled
Recyclable Materials, in accordance with rates established by the City for Commingled
Recyclable Materials and standard Garbage collection services for Multi-family customers.
C. The Collection Franchisee shall proyide, maintain and operate a Center
which would provide the following programs:
1.
Buy-back Center - for those citizens who wish to take their
Recyclable Materials to a buy-back center and receive payment.
The items accepted must be the same as those accepted in the
curbside collection program. Howeyer, the buy-back center will
only pay for those items which it detennines shall receive cash
reimbursement. Customers of the Franchisee who are billed
directly for Garbage collection shall be credited on their Solid
Waste collection account in an amount not to exceed $1.00 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 Waste
and chipping services.
The 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 proyided through a subfranchisee, that subfranchisee shall be subject to
the same tenns and conditions of this Franchise, 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 written approval of the Director.
50079323.04
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If the Federal Way Neighborhood Recycling Center decides not to provide the buy-back
center/drop-off center services, the Franchisee will make eyery effort to proyide such within six
(6) months of the date of this Franchise.
D. The program is voluntary for City residents. The City may elect to enact
mandatory participation legislation. If such legislation is deemed likely to affect the
Franchisee's cost, the City will renegotiate the rates and retainages.
E. Curbside collection of Recyclable Materials will be from eligible
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 Agreement shall not prohibit the customary collection and sale of recyclable and
reusable materials by persons or priyate recyclers, proyided that the Franchisee has the exclusiye
right to collect curbside Recyclable Materials, and Yard Waste in mobile toters or Yard Waste
bundles, provided, further, that this exclusive right shall not apply to commercial customers.
4. Exclusive Right and Anti-Scavem!ing. The City gives and grants to the
Franchisee the exclusive right to collect, haul and transport Solid Waste, Garbage and refuse, and
Recyclable Materials, as set forth herein and in City laws, rules and regulations, within the City
of Federal Way for the tenn of this Franchise and in accordance with the provisions herein;
proyided, howeyer, that such exclusive right shall exist only within the franchise area coyered by
the W.U.T.C. franchise to the Franchisee effectiye December I, 1991, and shall exclude the
W.U.T.C. franchise or pennit held by other parties.
5. Duration of Franchise Unless tenninated earlier as provided herein, the tenn of
this Franchise shall be for a period of ten (10) years commencing on January I, 1992, and
expiring after ten (10) years, December 31, 2001. The parties may agree to renew the Franchise
by mutual agreement on the same or renegotiated tenns and conditions. Any agreement by the
parties to extend this Franchise shall be reached and reduced to writing at least nine (9) months
before the tennination date.
6.
Recvclable Materials Designated.
A. Pursuant to chapter 70.95.030 RCW, the parties designate the following
materials as recyclable materials: (I) newspapers, JIlagazines, (2) mixed paper, (3) cardboard,
(4) aluminum cans, (5) glass bottles, (6) bi-metal cans, (7) HDPE plastic bottles, PET plastic
bottles, (8) Yard Waste, (9) scrap non-ferrous metals.
5007932304
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B. Upon agreement of the parties, other materials may be administratively
designated as recyclable. Items in the above list may be administratively removed or added upon
agreement of the parties due to market or other variations. Should any net change materially
increase or decrease the cost to the Franchisee or City, the City or Franchisee may renegotiate
the rates charged to customers and retainage adjustments required to reflect such changes.
7.
Yard Waste Collection.
A. Deposit of Yard Waste in Garbage or recycling receptacles for collection
by the Franchisee is prohibited. No Solid Waste or recyclable materials that are mixed with
Yard Waste will be collected by the Franchisee. In the event of a violation, written notification
shall be provided to the customer at the time of scheduled collection. Yard waste will only be
collected by the Franchisee if the Yard Waste is separate and contained in mobile toters or in
bundles.
B. The collection ofunflocked, undecorated natural Christmas trees each day
on the scheduled Yard Waste collection day in December following December 25th and each day
on the scheduled Yard Waste collection day in January from all Yard Waste customers shall be
considered a part of Yard Waste subscription service and shall be collected as such.
C. Christmas trees not meeting the criteria set forth in (B.) and those set out
on days other than scheduled Yard Waste collection days shall be considered Garbage, unless
otherwise directed by the Director of Public Works.
8.
Collection ReQuirements.
A.
Collection for recycling and Solid Waste shall be as follows:
(i) Regular Garbage, Recyclable Materials and Yard Waste collection
by the Franchisee for business fmns and commercial enterprises shall be as often as requested by
the customer seven days per week, between the hours of7:00 a.m. and 8:00 p.m., unless the City
authorizes an extension of such time, provided that collection may occur between the hours of
6:00 a.m. and 10:00 p.m., for commercial areas not adjacent to residential areas; provided,
further, that collection may occur on certain roadway corridors and areas adjacent to hotel and
motel facilities as follows:
(a) Collection ITom commercial areas which are located only along the following
roadway corridors shall be allowed on a 24-hour basis. The following roadway corridors are
depicted on the attached map (Attaclunent Map I):
I.
2.
3.
4.
5.
6.
The State Route 99 corridor;
The South 32Oth Street corridor between Interstate 5 and State Route 99;
The South 336 Street corridor ITom State route 99 to First Avenue;
The 9th Avenue South corridor between South 336 Street and South 348th Street;
The South 348th corridor between 9th Avenue South and Interstate 5;
The 16th A venue South corridor between State Route 99 and South 348th Street; and
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5007932J.'"
7.
The Enchanted Parkway corridor between South 348th Street and South 356th Street.
(b) Collection from commercial areas adjacent to or including hotel and motel
facilities shall be conducted between the hours of7:00 a.m. and 8:00 p.m.
Franchisee agrees to immediately alter, to the satisfaction of the Director, any early morning or
late night commercial collection, timing or routing which results in complaints.
(ii) Regular Garbage collection shall be made once a week and regular
collection of Recyclable Materials shall be made eyery two weeks from residences. All
recyclable material shall be collected every two weeks on the same day as Solid Waste
collection. Regular collection of Yard Waste from residences except those located in mobile-
home courts shall be weekly during the months of April - November, and eyery two (2) weeks
during the months of December, January, February and March. During periods of weekly, semi-
monthly or monthly Yard Waste pickup, collection shall be made on the same day per week as
regular Garbage collection. All residential collections shall be scheduled to be collected between
the hours of7:00 a.m. and 5:00 p.m., Monday through Friday.
(iii) For special dispatch requests made by residents or businesses at
times other than the times and/or days listed in the above two paragraphs, the Franchisee is
authorized to issue a special dispatch for the collection of this material, if between 7:00 a.m. and
8:00 p.m. or if an emergency or if approyed by the Director. The rate to be charged for this
service is contained in the ordinance concerning rates as adopted by the City Council.
The Franchisee shall show, on a map furnished by the City, the routes of Solid Waste and
recyclable material collection for each area or sector of the City, and the day of the week Solid
Waste and recyclable materials shall be collected from each area or route. This map shall be
provided to the City one month prior to the first day of collection and semiannually thereafter.
B. Subject to tenns and conditions of this agreement and City regulations, the
Franchisee is solely responsible for all costs of removal, marketing, and disposal of Solid Waste,
Yard Waste and recyclable materials placed out for collection by program participants.
C. The Franchisee may change the collection day by giving notice to the
Director a minimum of sixty (60) days in advance and the affected customers at least seven (7)
calendar days prior to the effective date of such change. The fonn of the notice to the customers
shall be subject to approyal by the City.
When a legal holiday falls during the week and the Franchisee does not work on such
holiday, Saturday collections will be pennitted.
D. If the Franchisee refuses to collect contaminated or inadequately prepared
Recyclable Materials or Yard Waste consistent with the tenns of this Agreement, the Franchisee
shall notify residents on their collection day of any refusal to collect the material. The reason for
non-collection and suggested remedies shall be noted by Franchisee on a written notice left with
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the material. After the third incident of denying collection, the Franchisee shall notify the City
of the address where the material is not collected.
E.
Collection of Solid Waste materials shall begin upon execution of the
Agreement.
F. Residents shall use Garbage and recycling receptacles authorized and
approved by the City and the Franchisee. The Franchisee shall provide each eligible City
dwelling or business with the appropriate mini-can, mobile toter, detachable container and/or
recyclable receptacle as designated in City ordinances and rules and regulations two weeks prior
to the first day of collection. The Franchisee, without expense to the City or the residence or
business, within twenty-four (24) hours (excluding Saturdays, Sundays and holidays) of notice,
shall replace Garbage and recycling receptacles proyided by the Franchisee taken or damaged by
the Franchisee or damaged due to normal wear and tear.
G. When weather conditions are such that the Federal Way School District
closes the schools, the Franchisee shall have the option to make collection on the next regularly
scheduled collection day. When services resume, the Franchisee shall take all bags, boxes and
other secure wrappers and shall empty temporary containment units that customers haye used
when regular Garbage and recycling receptacles have been filled. All holiday and other policies
shall be included in the technical information sheet that will be proyided to all participants by the
Franchisee at no cost to the City. At the time of each event, the Franchisee shall release notices
to the local newspapers and radio stations, notifying residents and businesses of the modification
to the collection schedule.
H. If the Franchisee fails to collect the customers' Recyclable Materials or
Solid Waste during a regular collection for other than reasons noted in either of the above
paragraphs D or G, the Franchisee shall collect the materials within twenty-four (24) hours after
an oral make-up order is giyen; which collection shall includé excess accumulation during the
interval between the regularly scheduled collection and the special collection. Make-up
collection may be required on Saturdays, as well as weekdays.
I. Collection vehicles shall be painted in a color or colors subject to the
approval of the Director, which approval shall not be unreasonably withheld, and shall have
painted in letters in a contrasting color at least three (3) inches high on each side of each vehicle
the number of the vehicle. Aside fÌ'om the program logo and hot line number, no advertising
shall be permitted other than the Franchisee's name. All vehicles shall be kept in a clean and
sanitary condition. Vehicles used in collection shall comply with State vehicle codes and City
truck route ordinances.
Unless an approved replacement or substitute is provided, all vehicles, facilities,
equipment and property identified in the Franchisee's inventory for use in the performance of
this Franchise, called "Such Property", shall be available for use in Solid Waste, Yard Waste and
Recyclable Materials in the City for the duration of this Franchise; when provided this section
applies to the replacement and substitute. A list of Such Property is attached hereto as
Exhibit "A"and incorporated herein by this reference.
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50079323.04
J. The number and size of collection equipment shall be of sufficient
capacity to service all dwellings and businesses within a one week period.
K. Any document entered into after the date of this Franchise (including a
lease to or by the Franchisee; a financing franchise; an acquisition over time; a mortgage or other
instrument establishing a security interest) that encumbers or limits the Franchisee's interest in
such property, where such encumbrance exceeds Fifty Thousand and noliOO Dollars
($50,000.00) in value, shall be subject to prior approval by the Director, and shall:
I.
Allow at the City's sole option, the City or the surety on the
Franchisee's perfonnance bond, to take oyer the Franchisee's
obligations and to continue the use of the equipment and service
for perfonnance of the Franchise during its remaining life; and
2.
In the event the Franchisee is in default, allow the City or the
surety on the Franchisee's perfonnance bond, at the City's sole
option, to lease or sub-lease all or a portion of such property and
use the same for a period of up to six months following the date of
the declaration of default by the Director, to provide such
collection services on the condition that the City pays to the City's
lessor a market rental for the equipment or property actually used
in an amount no greater than the monthly lease in eyent of a lease,
the installment payment in event of a purchase Franchise, or the
monthly interest and principal in the event of a fmancing
arrangement.
In the eyent of a default, all equipment, books, routes, etc., will be
made available to the City immediately in order to continue to
proyide collection services at no cost to the City - until such time
that a new Franchisee is hired.
3.
Exempt the City from liability during its usage of the property for
balloon payments, accrued interest, accelerated charges on account
of a default, or other extraordinary payments; nor make satisfaction
thereof a condition of the City's interim usage; and
4.
Forbid any foreclosure, trustee's sale, or other dispossession of the
Franchisee's interest without giving both the City and surety on the
Franchisee's perfonnance bond, sixty (60) days prior notice and
then make any tennination of the Franchisee's possessor interest
pursuant to such document or the enforcement thereof, subject to
the requirements of subsections, I, 2 and 3 of this section.
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L. In the event of default, the Franchisee shall allow the City to use such
property, at no cost to the City, in order to continue collection services with the Franchise service
area for a period of up to six months.
M. After the effectiye date of this Franchise, the Franchisee shall submit to
the Director for review and approval:
1.
All franchises, leases or other documents encumbering or limiting
the Franchisee's interest in such property;
2.
All franchises, leases or other documents for acquisition or lease of
replacement or substitute equipment or facilities for such property;
and
3.
Any proposed agreement that would encumber or transfer any
interest of the Franchisee in such property before the Franchisee's
execution of such agreement.
No franchise shall be granted without the Director's prior approval of the documents
identified in subsection M.; and no transactions identified in subsections M.(2) and M.(3) shall
take effect without the Director's approval. The Director's approval shall not be unreasonably
withheld. The Director's review shall be limited to assure compliance with requirements of
these sections K., L. and M.
N. The Franchisee shall provide sufficient trained personnel to set up and
maintain the Solid Waste and recycling programs so that introduction and operation proceed
smoothly, without interruption or delay, according to the agreed schedule for delivery of
Garbage and recycling receptacles and collection pick-ups as specified in this Franchise.
o. The Franchisee shall provide proper safety equipment, training and
insurance for vehicles and workers.
P. The Franchisee shall provide adequate management systems assuring that
collection, processing, billing, customer service, marketing, and disposal are perfonned
satisfactorily.
Q. The Franchisee shall provide for semi-annual cleanup in the spring and
fall of each year to allow for cleanup of Garbage in public rights-of-ways and/or on public lands,
if requested by the Director.
R.
The Franchisee shall use all reasonable efforts to ensure that it does not
collect Hazardous Waste. Under no circumstances shall the Franchisee or
employees or agents collect or deliyer to ,King County or other disposal
sites any Hazardous Waste. Where Franchisee or its employees or agents
knew or in the exercise of all reasonable efforts, should have known that
materials Franchisee had collected or delivered contained Hazardous
50079323.<>4
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Waste, the Franchisee shall be liable for any damages, including costs and
attorneys fees, incurred by the City due to the violation of this section.
Tennination of the City's agreement with the County, or the expiration or
earlier tennination of this Franchise, shall not tenninate the Franchisee's
liability to the City for violation of this section.
S.
Franchisee shall comply with the requirements of applicable City
ordinances.
9. Companv Name. The Franchisee shall not use a finn name containing the word
"City", or any other words implying municipal ownership.
10. Annexation. The service area set forth herein shall be extended to include any
area annexed to the City in accordance with RCW Title 35.13.280. Yard Waste and Recycling
collection services shall be extended to include any annexation area upon the effectiye date of
such annexation.
11.
Billing Service.
A. The Franchisee shall bill in accordance with the ordinances, rules and
regulations established by the City and Director.
B. The Franchisee shall be responsible for billing participants and making
pay~ents to the City for city programs.
C. All account collections shall be the responsibility of the Franchisee. The
Franchisee is responsible for all delinquencies; any such delinquencies shall not affect the
Franchisee's obligations to the City.
12. AssÌlmment. Neither this Franchise nor any interest in the rights or
responsibilities of the Franchisee hereunder shall be sold, assigned, transferred or sublet either
voluntarily or involuntarily without the prior written consent of the City as set forth in
Section 21, nor shall any interest in the Franchisee's business affected by this Franchise be sold
without such consent having been given and, in either event, City approval may be conditioned
that an appropriate bond must be supplied by Franchisee and/or the purchaser to cover the
change in circumstances.
13.
Processing Reauirements.
A. The Franchisee is responsible for processing all materials collected at the
curb under the recycling program to a degree necessary to be marketed at reasonable prices.
B. The processing center(s) shall haye the capacity to receive, process and
store all materials collected in one week.
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5007932304
C. The processing center(s) shall be located in an area zoned for this type of
activity and shall have in effect all necessary pennits and licenses.
14.
TransDOrtation and Marketing ReQuirements.
A. The Franchisee is responsible for transporting, disposing and/or marketing
all collected materials.
B. The Franchisee shall not spill or drop any materials on City, County or
State roads during collection or transportation. If an accidental spill occurs, the Franchisee shall
promptly clean up debris and be responsible for any costs caused as a result of the spill.
C. The Franchisee is prohibited from landfill disposal of collected recyclable
materials, except for nonnalloads of contamination not to exceed one percent (1 %) of the total
tons collected per truck, unless approved by the City. Violation of this Franchise provision may
be cause for termination of this Franchise.
In disposing of contaminated material, the Franchisee shall comply with all Federal, State
and City laws and regulations. No hazardous materials shall be disposed of in landfills.
15.
Publicity and Public Education ReQuirements.
At a minimum, the publicity and public education component shall be required as is set
forth in the Federal Way Waste Reduction and Recycling Program. The City shall be fully
responsible for City sponsored event publicity and related materials and for all general public
relations efforts. The Franchisee shall be fully responsible for publicity and related materials
associated with collection and disposal operations, such as the production of calendars and
collection tags.
Costs for all joint publicity and public education efforts shall be capped at a $10,000
Franchisee contribution annual expenditure with a minimum expenditure by the Franchisee of
$1,000 and shall be shared equally by the Franchisee and the City. This shall include the mutual
preparation of press releases, press alerts, press kits, public service announcements on radio and
television, feature story ideas for news media, and spokesperson available at all media events,
when reasonable, and shall include all joint costs, such as the cost of renting a booth at a trade
show, which are in confonnance with the Recycling Program. All mailers that haye technical
infonnation and calendars developed by the Franchisee shall be approved by the City.
Also included shall be public speaking including community speaking engagements to
explain the program and school programs appropriate to various age groups. It shall also include
community involvement with the use of community groups such as Boy Scouts and churches,
community-oriented events, speaking engagements at community groups and civic meetings, and
school presentations. There should be meetings with area businesses to enlist assistance in
promoting recycling through the provision of displays, inclusion of program infonnation in
advertising and similar printed material.
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'DO?93" '"
16.
Reportinl! Reauirements.
A.
Monthly Project Reports.
The Franchisee shall submit monthly project reports for the length of the Franchise
commencing upon final approval and effective date of the Franchise. The format of the reports
shall be prescribed by the City. These reports shall be due fifteen (15) calendar days from the
last day of each month. At a minimwn, the reports shall include:
B.
1.
Summaries of tonnages of material collected, by material, by type
of service, including the nwnber of tons of Solid Waste,
Recyclable Materials or Yard Waste collected for each class of
customer and the location at which such Solid Waste, Recyclable
Materials or Yard Waste were disposed or processed, as
applicable. The Franchisee shall provide all 'of the information
contained in the reports previously prepared by Federal Way
Disposal Company, entitled "Solid Waste Collection Entity
Disposal Reporting Form" and "Data Collection Spreadsheet for
Haulers."
2.
Summaries of tonnages of all Recyclable Materials sold, by type,
contamination level, and class of customer.
3.
Resident participation rates for each type of service in terms of
nwnbers of residents signed up to participate in the program and
set-out counts and average pounds collected per participating
household by type of service, if available, with a description of the
methods used to determine these rates.
4.
The nwnber of customers in each class at each service level.
5.
A log of all customer complaints and the action taken in response
to each complaint.
6.
The date and location of each complaint of a failed collection and
the date of the corresponding special make-up collection.
7.
Any changes in operational availability of equipment and facilities
defined as Such Property set forth as Exhibit "A"to this Franchise.
8.
This information shall be provided on data discs, or hard copy as
requested by the City and shall be in the form approved by the
Director.
Quarterly Project Status Reports.
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The Franchisee shall provide quarterly project status reports. These reports will be due
thirty (30) calendar days of the last day of the quarter being reported.
At a minimum, the reports shall include:
C.
1.
Quarterly and year-to-date summaries of the information requested
in sub-sections A.I through A.8 above, in enough detail to allow
analysis of collection and processing efficiencies.
2.
Quarterly and annual financial
requirements of Section 16.F.
meeting
the
statements
3.
Discussion of public education and publicity efforts and their
results, including the number of new single-family, multi-family
and commercial recycling accounts.
4.
Market prices of Recyclable Materials sold, by type, yerified by
purchase orders which shall be treated confidentially to the extent
allowed by law.
5.
Summary of a minimum of a one week sampling of the number of
service complaints including the general nature of the complaints
and how they were resolved.
6.
Upon the City providing 30-day notice prior to the end of the
quarter, a list of the names and service addresses of customers
sorted in the order requested by the City, compatible with existing
software capabilities.
7.
A list of all personnel engaged in performing the Franchisee's
operations in the City during the previous quarter, including each
person's name, title, and the percent of each person's time spent
performing the obligations of this Franchise.
8.
Reports shall be provided both on data discs, if compatible, or hard
copy, and shall be in the form approved by the Director.
Annual Reports.
The Franchisee shall provide year-end annual reports for each year the Franchise is in
operation. These reports shall be due within thirty (30) days of the end of the calendar year.
At a minimum, the report shall include:
50079323.<>0
-17-
D.
1.
A summary of the detailed cost, revenue and statistical infonnation
contained in the quarterly reports displaying monthly and annual
patterns to allow analysis of program operations and impact.
2.
Summary of program costs and revenues.
3.
A discussion of public education activities and their impact on
participation and recycling yolumes.
4.
A discussion of all program highlights, types of problems and the
measures taken to resolve the problems and increase efficiency and
household participation in recycling programs.
5.
An analysis of the current and future strength and capability of
each of the product's markets.
Ad Hoc Reports.
Within thirty (30) days of the request submitted by the City, the Franchisee shall proyide
up to six (6) reports annually of varying detail and fonnat, as specifically requested by the
Director to meet unforeseeable and currently unforeseen infonnational queries, and further shall
proyide additional infonnation with the monthly, quarterly and annual reports as requested by the
Director.
E.
Additional Infonnation.
Within two (2) weeks of infonnation requests submitted by the City, the Franchisee shall
provide said infonnation, if reasonably available. Any proposed changes made to billing
postcard text or any notifications made on the billing postcards or any rate increases appearing
on the billing postcards shall immediately be faxed to the City for approval. The City shall grant
approvals within two (2) working days of the receipt of the infonnation. Upon request of the
City, the Franchisee will provide a complete set of daily route reports with service leyel data.
These route reports shall be in addition to the maps required by Section 8.A(iii) of this Franchise.
F.
Books, Records, and Audits.
The Franchisee shall maintain books, records and documents which sufficiently and
properly reflect all direct and indirect costs related to the perfonnance of the Services and
maintain such accounting principles, procedures and practices as may be deemed necessary by
the City to assure proper accounting of all funds paid pursuant to this Agreement. These records
shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized
representatives, the State Auditor, or other government officials authorized by law to monitor
this Agreement.
50079323'"
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17.
Perfonnance Bond.
At the City's sole option, the Franchisee shall provide and maintain at all times a valid
Franchisee's Perfonnance and Payment Bond or irrevocable letter of credit in an amount equal to
Six Hundred Twenty-Five Thousand and nollOO Dollars ($625,000,00) in a fonn acceptable to
the City. The bond or irrevocable letter of credit shall be issued for a period of not less than one
year, and the Franchisee shall provide a new bond or irreyocable letter of credit, or eyidence
satisfactory to the City of its bond or irreyocable letter of credit renewability, no less than thirty
(30) calendar days prior to the expiration of the bond or irrevocable letter of credit then in effect;
provided that, Franchisee shall, as a means of limiting the City's exposure to loss in the event of
default, provide the City monthly with the following: (1) a current list of all billing addresses of
Federal Way customers; and (2) a data disk, the contents of which are accessible to City officials,
which shows all data necessary to bill Federal Way customers for current service.
The bond, or irreyocable letter of credit, shall be for the use and benefit of the City, with
surety company or bonding institution authorized to do business in the State of Washington and
acceptable to the City. Such a bond or irrevocable letter of credit shall be conditioned that the
Franchisee shall faithfully and fully perfonn all of its obligations under the Franchise, and pay all
laborers, mechanics, subfranchisees, materialmen and all persons who shall supply the
Franchisee with provisions and supplies for carrying such work, or be forfeited, and shall
indemnifY the City against any loss resulting from any failure of perfonnance by the Franchisee.
Such Perfonnance Bond, or irrevocable letter of credit, shall be an annual bond, or irrevocable
letter of credit, renewable annually by certificate and shall remain in force during the tenn of the
Franchise. Such bond, or irrevocable letter of credit, shall be submitted to, and subject to the
approval of the City Attorney's Office prior to its effectiye date.
Failure of the Franchisee to furnish and maintain said Perfonnance and Payment Bond or
Irrevocable Letter of Credit shall be considered a material breach of this Agreement and grounds
for its immediate tennination at the option of the City.
18.
Personnel Practices.
A.
Non-Discrimination. The following provisions shall be made part of this
Franchise:
"During the perfonnance of this Franchise, the Franchisee agrees as follows:
The Franchisee will not discriminate against any employee or applicant for employment
because of race, religion, creed, color, sex, marital status, sexual orientation, political ideology,
ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless
based upon a bona fide occupational qualification. The Franchisee will take action to ensure that
applicants are employed, and that employees are treated during employment, without regard to
their creed, religion, race, color, sex, national origin, or the presence of any sensory, mental or
physical handicap. Such action shall include, but not be limited to the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or tennination
rate of payor other fonns of compensation, and selection for training, including apprenticeship.
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5007932304
The Franchisee agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Franchising officer setting forth the proyisions of this
non-discrimination clause."
B. OSHAIWISHA. Conditions of the Federal Occupational Safety and
Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973
(WISHA), and standards and regulations issued under these Acts fÌ'om time to time must be
complied with. The Franchisee must indemnify and hold hannless the City of Federal Way fÌ'om
all damages assessed for the Franchisee's failure to comply with the Acts and Standards issued
thereunder. The Franchisee is also responsible for meeting all pertinent local, State and Federal
health environmental regulations and standards applying to the operation of the collecting,
processing, or disposal system.
C. Training. The Franchisee shall proyide operating and safety training for
all personnel. Supervisory personnel shall be trained in first aid and each vehicle shall be
equipped with a first aid kit.
D. Preyailing Wage or Collectiye Bargaining Agreement. The Franchisee
shall pay all collectors that work under this Franchise not less than the preyailing rate of wage
for the same trade or occupation as set by the Industrial Statistician, Department of Washington
State Labor and Industries, provided that in the event that a collective bargaining agreement is in
effect for collectors, the collectiye bargaining agreement shall prevail. "Collectors" covers
driyers, swampers, and others working on routes; it excludes office workers and senior company
officials.
The term, "prevailing rate of wage," includes the hourly wage, usual benefits and
overtime paid in the locality, as defined in RCW 39.12.010, Definitions. In the absence of a
collective bargaining agreement effectiye for all collectors, the Franchisee's duty to pay the
prevailing rate of wage is absolute and mandatory. No worker may waive full compliance or
accept a lesser sum.
Absent a collective bargaining agreement effective for all collectors, on a monthly basis,
certified payroll records shall be submitted by the Franchisee to the City. The records shall
include an affidavit of compliance with these preyailing wage provisions or, in the event of a
collective bargaining agreement effective for all collectors, an affidavit of compliance with all
wage terms of the collectiye bargaining agreement.
E.
Franchisee's Personnel.
I. The Franchisee shall designate and provide the services of a
competent representative for the term of the Franchise who shall be located in Washington State.
The Franchisee's representative shall be the Franchisee's agent and shall represent the
Franchisee for all purposes of the Franchise. All directions, instructions or notices given by the
City to that representative shall bind the Franchisee as if deliyered to the Franchisee personally.
The representative shall be in charge of the Franchisee's operations in the City at all times and
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5007932304
shall have authority to act on behalf of the Franchisee; the representative's statements,
representations, actions and commitments shall fully bind the Contractor.
The Franchisee's designated representative initially shall be:
Jeny Hardebeck
7901 -1'1 Avenue South
Seattle, WA 98108
(206) 762-3416
The Franchisee may change its representative by giving written notice to the City; provided,
however, that the City has the right to approye the Franchisee's representative, which approval
shall not be unreasonably withheld.
2. All workers employed by the Franchisee shall be competent and
skilled in the performance of the work to which they are assigned. Failure or delay in the
performance of this Franchise due to any inability by the Franchisee, for any reason, to obtain
workers of the number and skill required may be deemed by the City to constitute a default of
this Franchise.
3. The Franchisee shall require its employees to be courteous at all
times, to not use loud or obscene language and to do their work as quietly as possible.
4. Employees, in collecting recyclable materials and disposing of
such, shall follow the regular walks for pedestrians while on priyate property, returning to the
street or alley after replacing the empty bins.
5. Employees shall not trespass or loiter, cross property to adjoining
premises, or meddle with property which does not concern them in performance of this
Franchise.
6. Each employee shall, at all times, haye in effect and carry a yalid
operator's license for the type of vehicle he or she is driving.
7. The Franchisee has the duty to remoye incompetent, negligent,
unfaithful, or otherwise unsatisfactory employees.
19.
Franchise Administration. -
A. The collection and disposal of Garbage, Recyclable Materials and Yard
Waste shall be administered by the City of Federal Way Public Works Director or the Director's
representative. The Director shall be the Franchisee's contact with the City.
The Franchisee's office and customer service assistance shall be accessible with local
phone numbers. Once a telephone number has been assigned, all rights to future use of the
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50079323.'"
number shall vest in the City. Currently, the Franchisee's phone numbers for customer service
are: 253-833-3333 and 253-939-9792.
The Franchisee shall maintain an emergency telephone number to allow customers to
contact the Franchisee outside of nonnal business hours. The Franchisee shall have a
representative, or an answering service to contact such representative, available at said
emergency telephone number during all hours other than normal office hours.
20.
Insurance.
A.
General Requirements.
Subsequent to the award but prior to the execution of this Franchise, the Franchisee at its
own expense shall obtain and file with the Director a Certificate of Insurance for a primary
policy of commercial general liability insurance (including all of the coyerages set forth below).
This Certificate ofInsurance shall be subject to approval by the City as to company, tenns and
coverages.
Such liability insurance must specifically name the City of Federal Way as an additional
insured thereunder and must fully protect the City tTom any and all claims and risks and losses in
connection with any actiyity performed by the Franchisee by yirtue of this Franchise.
Such liability insurance must be maintained in full force and effect at the Franchisee's
sole expense throughout the entire term of this Franchise. The City of Federal Way shall be
given thirty (30) calendar days written notice by certified mail of any cancellation, reduction or
modification of such insurance. However, in any event, the Franchisee must maintain the
insurance as set forth herein throughout the entire term of this Franchise.
B.
Coverage.
Said insurance policy and/or endorsement thereto, as evidenced by the Certificate of
Insurance, must provide the following minimum coverages and limits and contain the following
provisions:
I.
Bodily Injury.
2.
Employees as Additional Insured.
3.
Premises/Operations Liability (M&C).
4.
Owners and Franchisees Protective Liability
Products and Completed Operations Liability (through
guarantee period).
Blanket Contractual Liability.
"""'32304
-22-
Broad Fonn Property Damage Liability (including
completed operations).
Personal Injury, with no employee exclusion.
Stop Gap or Employers Contingent Liability.
Automobile Liability, including coverage for owned, non-
owned, leased or hired vehicles.
Explosion, Collapse, Underground damage (often referred
to as "X.C.U.").
5.
Employer's Liability (Washington Stop Gap) Insurance.
C.
Minimum Limits.
I.
All coverages:
$2,000,000 per occurrence, City shall approye in writing if
any deductible or deductible condition is requested by the
Franchisee.
$2,000,000 annual aggregate. City shall approye in writing
if any deductible or deductible condition is requested by the
Franchisee.
Provision of coverage in these stated amounts shall not be construed to relieye the
Franchisee from liability in excess of such limits.
D.
Required Endorsements.
The following language shall be in all applicable policies and on the Certificate of
Insurance:
"The insurance company or companies designated on the front of this Certificate
certifies that the policy or policies described include the following minimum
coverages and limits:
Standard Coverages
I.
Bodily Injury.
2.
Employees as Additional Insured.
50079323 04
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"""9323""
3.
Premises/Operations Liability (M&C).
4.
Owners and Franchisees Protective Liability.
5.
Products and Completed Operations Liability (through guarantee
period).
6.
Blanket Contractual Liability.
7.
Broad Fonn Property Damage Liability (including completed
operations).
8.
Personal Injury, with no employee exclusion.
9.
Stop Gap or Employers Contingent Liability.
ro.
Automobile Liability, including coverage for owned, non-owned,
leased or hired yehicles.
II.
Explosion, collapse, underground damage )often refeITed to as
"X.C.D".
12.
Employer's Liability (Washington Stop Gap) Insurance.
E.
Standard Limits.
$2,000,000 per occurrence. City shall approve in writing if
any deductible or deductible condition is requested by the
Franchisee.
$2,000,000 annual aggregate. City shall approve in writing
if any deductible or deductible condition is requested by the
Franchisee.
F.
Endorsement for Additional Insured.
'The City of Federal Way is an additional named insured for all coverages
provided by this policy of insurance and shall be fully and completely
protected 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 actiyity perfonned by the Franchisee
by virtue of the provisions of the Franchise between the City of Federal
Way and Washington Waste Hauling & Recycling, I~c.(Franchise No. 92-
13 and 92-Ba originally entered into on January 21, 1992.)'
-24-
'The coverages provided by this policy to the City or any other named
insured shall not be terminated, reduced or otherwise modified 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 Federal
Way, 33530 1st Way South, Federal Way, WA 98003.'
'In any event, the Franchisee is liable under this applicable Franchise to
ensure that full insurance coyerage occurs throughout the term of the
Franchise.'
'The coverages provided by this policy are primary to any insurance
maintained by the City of Federal Way'."
G.
ACORD Form.
If an "ACORD" form_of Certificate ofInsurance is proyided to the City pursuant to this
section, it must be modified in the following manner:
If similar wording at top of ACORD Form: "This Certificate is issued as a matter of
information only and confers no right upon the certificate holder." - Shall be deleted in its
entirety .
If similar wording at bottom of ACORD Form: "Should any of the aboye described
policies be canceled before the expiration date thereof, the issuing company will endeavor to
mail - days written notice to the Certificate Holder named within, 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 or 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 insured, the City of Federal
Way, by certified mail."
H. Workers' Compensation. The Franchisee agrees to comply with RCW
Title 51, the Washington State Industrial Insurance Act and provide Workers' Compensation
benefits for all employees.
1. Compliance Required. Failure of the Franchisee to fully comply with any
and all of the terms of the foregoing insurance proyisions shall be considered a material breach
of this Franchise and shall be cause for its immediate termination at the option of the City.
21. Assignment. Sub-Franchising, Delegation of Duties. Any Assignment (as that
term is defined below) by Franchisee shall constitute a default under Section 22, unless the City
provides its prior written consent to the Assignment, which consent shall not be unreasonably
withheld. "Assignment"means the assignment, delegation or transfer of ,any of Franchisee's
rights or obligations, Franchisee's corporate reorganization, change of organization, a change of
control of 50% or more of the voting stock of the Franchisee, or the purchase or transfer of a
5007932304
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substantial portion of the assets of Franchisee by or to another corporation, partnership,
association, or other business organization or division thereof.
For purposes of this Section, the reasonableness of City's consent shall be based upon
whether the proposed assignee: I) has the assets, financial strength and capability to perfonn
under the Franchise in all respects to the City's reasonable satisfaction; 2) has an environmental
compliance record reasonably satisfactory to the City; and 3) has a record in the Pacific
Northwest Region reasonably satisfactory to the City concerning litigation, criminal
complaints/violations, rate setting practices and customer services.
Notwithstanding the foregoing, Franchisee may assign or transfer this Franchise to any
affiliate of Franchisee or its parent corporation provided it can establish to the reasonable
satisfaction of Franchisor that the affiliated assignee or transferee will operate the Franchise in
substantially the same manner as Franchisee, using substantially the same officers, directors, and
personnel as Franchisee, and possesses substantially the same financial capability as Franchisee
to perfonn all of the obligations under this Franchise.
22.
Failure to Perfonn Franchise Obligations.
A. Liquidated Damages. The following acts or omissions shall be considered
a breach of the Franchise, for which the City is entitled to collect the following amounts as
liquidated damages:
Collection (before or after times
pencilled under this Franchise or City
ordinances.
$100 per incident
Failure to collect missed collections
within twenty four (24) hours after
make-up order is given to Franchisee
provided the order is given on Monday
through Thursday or before 5:00 p.m.
on Friday.
$100 each, to a
maximum of$900
per truck, per day.
Collection trom premises on other than
day specified in the Franchisee's
schedule.
$100 each unit or
business.
Failure to provide quality of
perfonnance required on a route after
notification to correct perfonnance
factors such as nonreplacement of
Garbage and recycling receptacles in
designated locations, spilling, not
closing gates, crossing planted areas,
violating traffic regulations, or similar
violations.
$100 each, to a
maximum of $900
per truck, per day
50079323 04
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Collection for disposal of Recyclable
Materials or Yard Waste in clearly
identified receptacles
$10.00 per incident,
to a maximum of
$250.00 per truck,
per day
Failure to deliver receptacles to new
commercial customers within seven
business days
$50.00 per
receptacle, per day
Failure to deliver receptacles to
residential customers within seven days
$15.00 per
receptacle, per day
Material misrepresentation by
Franchisee in records or reporting
$500.00 per
incident
Failure to provide infonnation, maps, or
reports required to be provided to the
City in the fonn and by the date
required by this Franchise
$500.00 per
incident
Failure to maintain clean and sanitary
vehicles and facilities
$25.00 per vehicle,
up to a maximum
of $ 100.00 per
inspection
Failure to clean or replace receptacles
within 24 hours of notification by the
City.
$25.00 per
receptacle, per day
Landfilling or incineration of
uncontaminated Yard Waste or
Recyclable Materials without the
express prior written pennission of the
City.
$1,000.00 per
vehicle, per
incident, no
maximum
Use of vehicles for non-Franchise work
without prior notice to the City.
$500.00 per
vehicle, per
incident, no
maximum
Rejection of Recyclable Materials
without providing documentation to the
customer of the reason for rejection.
$25.00 per incident
The parties agree that with respect to a particular breach as an alternative to liquidated
damages provided herein, the City at its sole option may pursue the remedies provided in
Subsection D.
Prior to collecting any liquidated damages for any specific acts or omissions, the City
shall provide Franchisee ten (10) days written notice of its detennination to collect such
damages. Prior to the end of the ten days the Franchisee may, at its option, prepare and submit to
the City an incident report concerning the matter for which liquidated damages are proposed to
be assessed, and, within the same ten days, may appeal the City's detennination to the Public
SOO"J2J.04
-27-
Works Director. The Public Works Director shall review the appeal, incident report (if any), and
any other materials he or she deems relevant, and make a fmal determination whether to assess
liquidated damages. Such decision shall be final and unappealable, and applicable liquidated
damages shall be paid to the City as part of the next monthly payment made by Franchisee, or
deducted ITom the next monthly payment made to Franchisee, at the City's sole discretion.
B. Bankruptcy. It is agreed that if the Franchisee is adjudged bankrupt, either
voluntarily or involuntarily, then at the City's sole option, the City may continue to provide the
service with the City's own or contracted personnel pursuant to Section 8. At the option of the
City the Franchisee's rights under this Agreement may be terminated effective on the day and at
the time the bankruptcy petition is filed; and/or the City may take any other action, without
limitation, as is necessary to protect the public health, safety or welfare.
C. Laws to Govern Venue, Attorney Fees. This Franchise shall be governed
by the laws of the State of Washington both as to interpretation and performance, and venue for
any dispute shall be in Superior Court of King County. Except as otherwise provided herein>
each party shall be responsible for its own costs, expenses, and attorney fees. -
D. Failure to Perform. If the Franchisee shall abandon or breach this
Franchise or fail to fully and promptly comply with any of its obligations, or shall fail to give
any reason satisfactory to the City for noncompliance, and fails to correct such breach within
twenty (20) days after notice is given by the City, the City may declare the Franchisee to be in
material default of this Franchise and (I) terminate the Franchise by notifying the Franchisee to
discontinue any further service thereunder, a copy of said notice to be sent to the Franchisee and
surety on its Performance Bond or holder of its Irreyocable Letter of Credit, or (2) pursue any
other remedy at law or in equity, including without limitation, specific performance; the parties
acknowledge that damages or liquidated damages do not provide the City with an adequate
remedy for breach of this Franchise.
Upon receipt of such notice, the Franchisee agrees that it will promptly discontinue the
work, whereupon the surety may, at the City's sole option, and upon the City's election for the
surety to perform such work by the City's notice to surety within ten (10) days written notice of
the discontinuation, assume the work which the City has ordered discontinued and proceed to
perform the same; at its sole cost and expense, in compliance with the terms and conditions of
the Franchise, and all documents incorporated herein. Pending consideration by the City of said
option to assume the work, the City may take possession of all Franchisee's equipment and
vehicles and employ such force as it may deem advisable to continue the work, and the cost of
all labor and materials necessary for such work shall be paid by the Franchisee in full, proyided
the City shall pay a monthly rental fee for the use of Franchisee's equipment and vehicles as set
forth in Technical Performance Requirements Section of this Franchise.
In the event that the City chooses to exercise its option to assume the work, the City may
complete the work or any part thereof, either through its own work force or by Franchise, and the
City shall have the right to take possession of and use the vehicles and equipment and property
of every kind and nature provided by the Franchisee for the work (provided it may pay the rental
for the equipment and yehicles set forth above) and to procure other vehicles, equipment and
5001932304
-28-
facilities necessary for the completion of the same, and to charge the same to the Franchisee
and/or surety, together with all reasonable costs incidental thereto.
The City shall be entitled to recover from the Franchisee and its surety as damages or act
upon the Irrevocable Letter of Credit to recover all expenses incurred, including 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. The City may, in addition, at its
option, and at the request of the Franchisee, operate the equipment of the Franchisee with the
City forces in the event of a strike, work slow down or work stoppage.
E. Enforcement of Agreement. The City shall be entitled to recover from
Franchisee, and Franchisee agrees to pay any and all costs and expenses, together with attorney
fees, the City may incur to enforce any of the terms, conditions and proyisions of this Franchise,
to be performed by the Franchisee.
F. Right to Require Performance. The failure of the City at any time to
require performance by the Franchisee of any proyisions hereof shall in no way affect the right of
the City thereafter to enforce same. Nor shall waiver by the City of any breach of any provision
hereof be taken or held to be a waiver of any succeeding breach or prior breaches of such
proyision or as a waiver of any provision itself.
G. Illegal Provisions. If any proyisions of the Franchise shall be declared
illegal, yoid or unenforceable, the other provisions shall not be affected, but shall remain in full
force and effect.
H. Force Majeure. Neither party shall be liable to the other for any delay in,
or failure of, performance of any of its obligations hereunder, except as may be specifically
provided herein, where performance of such obligations is prevented or delayed by acts of God,
fire, explosion, strike, lock-out, flood, epidemic, war, riot, rebellion, legal restraints or
injunctions, or other legal processes from which a party affected cannot reasonably relieve itself
by security or otherwise. The failure of technology to perform shall not relieve either party of its
obligations hereunder.
23. Taxes. Franchisee is solely responsible to comply with all federal, state, and local
taxes, including employee benefit taxes, licensing, and registration requirements associated or
arising out of the making or performance of this Franchise.
24.
Hold Harmless and Indemnity.
A. The Franchisee shall indemnify and save hannless the City, its elected and
appointed officials, employees, agents (including reimbursing the City for all costs and attorney
fees) from any and all damages, claims, or demands, of any kind, on account of injury to or death
of any and all persons (including but not limited to the Franchisee, its agents, employees,
subfranchisees and their successors and assigns as well as the City and the City's employees,
elected and appointed officials and agents, and all third parties), and/or on account of all property
damage of any kind, whether tangible or intangible, including loss of use resulting therefi'om, in
50079323.'"
-29-
connection with the work perfonned under this Franchise, or caused or occasioned in whole or in
part by reason of the presence of the Franchisee or its subfianchisees, or their property,
employees or agents, upon or in proximity to the property of the City, except only for those
losses resulting solely fiom the negligence of the City. .
B. This indemnification agreement includes the promise that the Franchisee
shall indemnifY and saye harmless the City, its elected and appointed officials, employees and
agents (including reimbursing the City for all costs and attorney fees) fiom any and all damages,
claims or demands of any kind on any account of a yiolation of City, County, State or Federal
laws relating to Environmental Damage except only for a loss resulting fiom the sole negligence
of the City.
C. The Franchisee hereby expressly agrees that any immunity that may be
granted to the Franchisee under the Washington State Industrial Insurance Act, Title 5 I RCW, as
amended or recodified, shall not be construed by the Franchisee as a release fiom its obligation
to indemnifY the City under this section. The parties do not under this section waive or surrender
any indemnity available under any applicable federal, regional, state or local law. The
provisions of this Section shall surviye tennination or expiration of the Franchise.
D. The provisions of these paragraphs shall survive the expiration or
tennination of this Franchise with respect to any event occurring prior to such expiration or
tennination.
25. Complaints. AIl complaints shall be investigated by the Franchisee within
twenty-four (24) hours. The Franchisee shall upon request supply the City with copies of all
complaints on a fonn approyed by the City and indicate the disposition of each. Such records
shall be available for City inspection at all times during business hours. The forms shall indicate
the day and the hour on which the complaint was received and the day and the hour on which it
was investigated. When a complaint is receiyed on a day preceding a holiday or a weekend, it
shall be investigated on the next working day. Missed collections shall be collected within one
(I) working day after notification to the Franchisee by the customer or the City.
26. Litter. Extra care shall be taken in the loading and transportation of all
Recyclable Materials, Yard Waste, refuse, Garbage or other waste so that none of the material to
be collected is left either on private property or in the streets or alleys. Any Solid Waste, Yard
Waste, or recyclable materials left on private property or on streets or alleys by the Franchisee
shall be cleaned upon notice by the customer, the Director, or his or her designee.
27. Hazardous Waste Notification. The Franchisee shall provide customers with
necessary infonnation about hazardous waste collection opportunities, complaint procedures,
rates, regulations, days of Solid Waste collection and other pertinent infonnation. The
Franchisee shall cooperate with the City to provide publicity and notification on City programs.
Solid or hazardous waste left purposely by the Franchisee must be tagged to indicate why it was
not picked up.
28.
Reserved.
SO079J23'"
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50079323 '"
29.
Management Perfonnance Reauirements.
A.
9.
II.
Franchisee's Responsibilities.
I.
Collection, processing and marketing the recyclable materials as
specified in the Federal Way ordinances, resolutions and rules and
regulations and the Federal Way Waste Reduction and Recycling
Program.
2.
Collection and disposal of all Solid Waste and Garbage as
specified in the applicable ordinances, resolutions, and rules and
regulations of the City; including, without limitation, disposal of
Garbage and Solid Waste at a disposal facility designated by the
City.
3.
Procurement of all equipment and assumption of all start-up,
operating and maintenance costs for collection, processing and, if
necessary, storage and transportation of materials.
4.
Supervision and labor to perfonn all Franchisee publicity and
education, collection, processing and, where applicable, marketing
tasks.
5.
Provision of proper safety equipment and insurance for vehicles
and workers.
6.
Proyision and maintenance of a processing facility, yard and all
utilities capable of housing equipment to process materials as
specified in Solid Waste, recycling programs and applicable City
ordinances, resolutions and rules and regulations.
7.
Marketing of all collected recyclable materials and reporting
market prices.
8.
Perfonning initial and ongoing publicity and education functions
as specified in the requirements of this Franchise.
Submission of all documents and plans for public education to the
City for prior approyal.
10.
Meeting all the reporting requirements.
Acquisition at Franchisee's expense of all the necessary land use,
building, operating, and business pennits and registrations. The
Franchisee shall be liable for all fines or civil penalties which may
-31-
. '
5<)0'93"0<0
be imposed by any regulatory agency for Franchisee-caused
yiolations of pennits, laws or regulations; the City shall not be
liable for and shall not reimburse Franchisee for payment of any
such fines or civil penalties. The Franchisee reserves the right to
contest any such fines in administrative proceedings or in court
prior to any payment by the Franchisee.
12.
In perfonning each and every service to be perfonned under this
Franchise, the Franchisee, its officers, employees, agents and
sub franchisees shall at all times comply with all applicable laws,
regulations, ordinances, building codes, orders and all other
requirements of federal, state, regional, county and local
government authorities and agencies having jurisdiction over the
activities to be perfonned hereunder, which requirements include,
without limitation, all applicable statutes, regulations and orders
concerning minimwn wage rates, nondiscrimination in the
employment of labor, protection of public and employee safety and
health, enyironmental protection, the protection of natural
resources, fire protection, burning and nonbwning requirements,
pennits, fees and similar subjects ("applicable legal
requirements"). The City shall have the right to inspect copies of
all correspondence or any other docwnents sent to or nom the
Franchisee, its officers, employees, agents or subfranchisees to any
government agency, federal, state, regional, county or local, related
to any and all of the requirements of law relating to this Franchise.
Any failure to comply with applicable requirements that are, in the
City's reasonable discretion, material to perfonnance of the
Franchisee's obligations herein shall constitute a breach of this
Franchise for which the City may exercise its remedies as provided
under Section 22 D above.
In the event any contract manager, officer or director of the
Franchisee is conyicted of fraud, bribery or attempted bribery of a
public officer or employee, embezzlement, extortion, racketeering,
false claims, false statements, forgery or any other similar felony
involving business dishonesty, the Franchisee shall promptly
remove nom responsibility or office the convicted employee,
officer or director and eliminate the ability of such employee,
officer or director to manage, supervise or influence the decisions
or actions of the Franchisee or any parent company of the
Franchisee. If the Franchisee fails to comply with the foregoing
obligation, the Franchisee may be considered in breach of this
Agreement and the Franchisor may tenninate this Agreement at the
Franchisor's option as provided in Section 22.
-32-
13.
Cooperation with the City's Director in resolying any issues
related to Solid Waste and recycling collection, marketing and
disposal.
B.
City's Responsibilities.
1.
Overall project administration and final approyal on all Franchise
activities.
2.
All monitoring and evaluation of the collection, processing and
disposal operations with the cooperation of the Franchisee.
3.
Review and ultimate approyal of proyisions for publicity and
education components of this Franchise.
4.
Development of a review procedure for evaluating publicity
documents and plans.
30. Modification. This Franchise constitutes the entire agreement and understanding
between the parties hereto, and it shall not be considered modified, altered, changed or amended
in any respect unless in writing in advance and signed by the parties hereto.
31.
Effectiye Date. This Franchise shall be effectiye upon execution by both parties.
32. Damage to Property. If any City property, or property of any residence or
business of any kind is damaged by any reason of the Franchisee's operation under this
Franchise, the Franchisee shall repair or replace the same after being notified of the damages,
such repair or replacement of City Property being at the sole option of the City. All claims shall
be resolved in a prompt, satisfactory manner.
The City shall not be liable to the Franchisee for any loss or damage other than loss or
damage occurring directly and solely as a result of the negligence of the City.
33. Payment of Claims. The Franchisee agrees to promptly pay as they become due
all claims for labor, supplies and materials purchased for or furnished to the Franchisee in the
execution of this Franchise, and further agrees to comply with all provisions of Federal, State,
County and City laws and ordinances, rules and regulations affecting, directly or indirectly, the
subject matter of this Franchise.
34. Rates. The rates and retainage amounts in effect on January 1, 1999 as set forth
on Exhibit "B" attached hereto and incorporated herein by this reference, shall remain in effect
through the end of the term (December 31, 200 I), subject only to the adjustments expressly
specified on Exhibit "B", and adjustments, ifr¡:quested by the City, necessary to pass through to
Federal Way decreases in disposal charges or disposal costs resulting from the delivery of
tonnages to disposal facilities owned by entities other than King County.
-33-
'001932304
. ,
The Franchisee shall haye all exclusive responsibility for billing and collection of
accounts for charges and services to customers under this Franchise.
As its total compensation for all services provided hereunder, the Franchisee shall retain
gross revenues generated in accordance with the rates set forth on Exhibit "B" and as adjusted as
set forth herein, minus the amounts specified on Exhibit "B" as City retainage.
The Franchisee shall make payments to the City of City retainage amounts within thirty
(30) days after the billing of customer accounts. Payments to the City hereunder are exclusive of
and in addition to any taxes, fees, assessments or other charges payable to the City now in effect
or hereafter enacted. Franchisee shall be responsible for the timely payment of taxes and all
other costs related to its obligations hereunder.
In the event that payment is not received by the City by the date specified in this Section,
Franchisee shall pay a late payment fee equal to 10 percent of the outstanding balance in addition
to interest on the outstanding balance at the rate of 10 percent per annum calculated from the due
date.
35. Service to New Customers. The Franchisee shall proyide service to new
customers within one week of request for such services. If Franchisee is unable to provide the
size of Garbage or recycling receptacle ordered by the customer within one week, then the
Franchisee may temporarily proyide the customer with any sufficient size Garbage and recycling
receptacle provided, however, the service provided to the customer and the rate charged the
customer is equivalent to the service and rate for the Garbage and recycling receptacle ordered.
The Garbage and recycling receptacle and service ordered shall be provided to the customer no
later than thirty (30) calendar days after the request.
The Franchisee shall mail or deliver the following items to all new residential customers:
I) the brochure produced by the Franchisee entitled "Curbside Recycling; 2) the "Recycling Hint
Sheet" produced by the City (and provided to the Franchisee by the City); 3) a collection
calendar Recyclable Materials and Yard Waste; and 4) a "Yard Waste Recycling" sign-up card.
The ayailability of deskside recycling boxes shall be made known to all new commercial
customers who indicate an interest in subscribing to recycling service.
36. Citv Owned Prooertv and Buildilll!s. The Franchisee agrees to provide for the
removal and disposal of Garbage, refuse and recyclable materials from City occupied buildings
and from City parks within the City limits of Federal Way without charge to the City, provided
that the same is placed in the detachable containers or mobile toters agreed to between the City
and Franchisee. The Franchisee shall proyide a maximum of thirty (30) ninety gallon (90) toters
for use by the City for recycling in City parks. The Franchisee shall provide deskside recycling
boxes without charge to all City occupied buildings. In addition, Fire and Police Department
offices located within the City of Federal Way shall be proyided with deskside recycling boxes
without charge provided that these departments have subscribed to recycling service with the
Franchisee.
50070m"
-34-
37. Severability. If any term or provision of this Franchise or the application thereof
to any person or circumstance shall to any extent be inyalid or unenforceable, the remainder of
the Franchise shall not affected thereby and each term and provision of the Franchise shall be
valid and enforced to the fullest extent permitted by law.
38. Capital Expenditures. The Director shall be given prior written notice of
proposed major capital expenditures planned by the Franchisee. For purposes of this section, the
term major capital expenditures shall be those transactions involving the purchase of lease of any
item of machinery or equipment which has an acquisition cost of Fifty Thousand and noliOO
Dollars ($50,000.00) or more. The Director shall have ten (10) business days from the date of
notification to object to the proposed expenditure in writing to the Franchisee. In the event the
City fails to provide the requisite objection to the proposed expenditure, the Franchisee may
proceed with the expenditure. The Franchisee will proyide a list of proposed major capital
expenditures to the City. This list will serve as a guide for the City in evaluating major capital
expenditures. Both parties agree to meet and discuss the basis of any potential objection offered
by the City.
A minimum oftwenty-fiye percent (25%) of the annual pre-tax profit margin realized by
the Franchisee shall be re-invested in the Franchisee's company for the purpose of purchasing
necessary equipment. This reinvestment is intended to reduce the amount of financing and
allowable interest expense required for new capital expenditures, in order to forestall rate
reviews. Although the Franchisee shall be required to reinvest twenty-five percent (25%) of its
pre-tax profit, such expenditures may be averaged over three (3) years. The excess expenditure
in any given year shall be treated as a credit against the amount of pre-tax profit that must be
reinyested in future years. In any event, the Franchisee is required to reinvest no less than
twenty fiye (25%) of pre-tax profit each and every year during the term of this Franchise after
taking into consideration the application of any available reinvestment credit carried forward.
The Franchisee shall report that such profit is reinvested by providing documentation satisfactory
to the City when making or fmancing City approved capital purchases in excess of Fifty
Thousand and noliOO Dollars ($50,000.00).
Major capital expenditures made by the Franchisee shall be amortized over a period of
seven (7) years for new equipment or fiye (5) years for used equipment, in order to minimize
potential adverse impacts to the Franchisee's profit margin. .
Franchisee shall proyide to the City a list of existing inventory, in form and content
acceptable to the City, to assist the City with the evaluation of future equipment purchases, and
to specify the equipment defined as "such property" under Section 8, (I), of this Franchise. The
list shall include all of the Franchisee's yehicles, facilities, equipment, and property. The list
shall also include general information on the type, number, and size of containers in use by
Franchisee's customers. The list shall be updated on an annual basis, to reflect changes in the
Franchisee's inventory.
Equipment related to the provision of service under this Franchise which is purchased
with City provided funding or grant funding will be and remain City property. Franchisee will
be responsible for storage, accountability, inventorying, delivery, repair and maintenance of such
5007932)04
-35-
equipment, at Franchisee's sole expense, in return for making use of the equipment at its service
addresses. Such equipment will not be used to service accounts outside of the City of Federal
Way. Any equipment purchased by the. City using grant monies, and used by Franchisee, shall
be maintained, accounted for, held, and replaced in accordance with the terms of said grant.
After consulting with the Franchisee, the City agrees to purchase equipment types compatible
with Franchisee's existing equipment and equipment distinguishable from Franchisees' own
equipment.
39. Transition to Next Contractor. The Franchisee shall provide to the City one
month before the expiration or earlier termination of this Franchise a complete list of customer
contacts, phone numbers, addresses, service levels, and other requested customer service
information. This information shall be provided on magnetic medium in a commonly recognized
format acceptable to the City.
The Franchisee shall work with the City and subsequent Solid Waste contractors or
franchisees in good faith to ensure a minimum of customer disruption during the transition
period. Commercial and residential receptacle remoyal and replacement shall be coordinated
between the Franchisee and subsequent franchisees or contractors to occur simultaneously and
minimize customer inconvenience.
DATED this ~ay Of~.J)j) .-I'
,1999.
CITY OF FEDERAL WAY
~.
B~:eth E. Nyberg, ~ Mana~
33530 1st Way South
Federal Way, WA 98003
~
A EST:~
~" Î
( z ~c~
City Clerk, N. Christine Gre ,CMC-
APPROVED AS TO FORM:
~~ . ---,
Ci tto , un 1 K. Lindell
5007932304
-36-
WASHINGTON WASTE
RECYCLING, INC.
HAULING
&
By:
IA. M¿/N
Its: RJ'Gro,", Vtc.£- PUf/Þ£Nj
(Title)
clo Washington Waste Hauling & Recycling, Inc.
P. O. Box 1877
Auburn, WA 98071-1877
K:\Pubworklswfranch.doc
-37-
'OO79J2J04
I
"SUCH PROPERTY" LIST FOR FRANCHISE AGREEMENT
1. TRUCKS AND ROLLING STOCK! .
Truck Tvpe Truck # Vear and Make
Allocation to Federal Wav Disoosal.
Rear loader 23 871NTl 1.00
24 80 INTl 0.60
56 92 INTl 1.00
57 92 INTl 0.80
70 85 INTl 1.00
71 85 INTl 1.00
72 85 INTl 1.00
73 85 INTl 1.00
74 97 INTl 1.00
Front loader 703 97 Crane 0.75
704 97 Crane 0.75
Roll Off 463 97 Pete 1.00
464 98 Pete 0.50
Recvcle 88 95 INTl 1.00
89 95 INTl 1.00
90 92 INTl 0.90
98 92 DEMP 0.60
99 92 DEMP 1.00
Delivery 31 87 INTl 0.30
Total Trucks 16.20
2. FACILITIES
Use of franchisee's Auburn vehicle maintenance vard tools and eouiemen! located off W. Main Street in Auburn
I I I
3. OTHER EQUIPMENT I I I
Use of all containers distributed in Federal Way, and anv additional containers in franchisee's yard
that are deemed necessary to orovide service in Federal Wav I I I
I I I I
4. INTEllECTUAL PROPERTY I
Use of customer lists route sheets, billina histories and other information necessary to provide efficient service to customers in Federal Wav
I I I I
I I
I
""""""'~h,..,... 2i26I'999 I
~
....
CJ:
~
:r:
.
EXHIBIT "B"
RATF." AND RETAINAGF." FOR SERVICE
The following schedules list the charges for services rendered within each category of service, ~
January 1 1999
A. Single Flimily Solid Waste and Recyclables Collection Residential Rates
Franchisee Total
Rate Category Old New City Recycling Franchisee Charge
Rate Rate Retaina.e Retain..e Retaina.e
10 Gal Mini Can .¡,¡¡¡¡ 5.15 -1.31 1.80 6.46 Monthly
20 Gal Mini Can 6:-e& 8.52 -.87 1.80 9.39 Monthly
One 32 Gallon Can ft94, 13.65 .95 1.80 12.70 Monthly
Two 32 Gallon Cans t9;# 20.48 2.50 1.80 17.98 Monthly
Three 32 Gallon Cans ** 27.65 2.00 1.80 25.65 MonthlY
Four 32 Gallon Cans 3%& 37.64 2.00 1.80 35.64 Monthly
Five 32 Gallon Cans -- 45.18 2.00 1.80 43.18 Monthly
60 Gallon Toter f9:e3 20.08 1.00 1.80 19.08 Monthly
90 Gallon Toter 25o5i' 26.98 1.00 1.80 25.98 Monthly
One 32 Gallon Can (Once per >HZ 4.45 .00 0.45 4.45 Monthly
Month) i ~i 3.77 i .45 i -- ¡ 3.32 i
I Extra Unit .Per Pickup
Carryout Charge for Non-Infirm Customers
Over 5 feet but not over 25 feet the rate is
$0.77 and for each additional 25 feet or
fraction thereof, add $0.47.
Carryout Charge for Infirm 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
Extra unit of yard waste
for subscribers (in
addition to 90-gallon
toter)
$-5:-95
$ 6.01
Weekly
$--t;85
$ 1.93
Per Unit
Large quantities of
bundled prunings
$BH
$ 6.01
per yard
Redelivery Charge*
$26;-00
$20.89
Per Yard
(180 gallon equivalent)
on scheduled yard
waste days
Per Redelivery
. TIùs charge will only 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
m:æ $77.31 Weekly
$-5:-95 $ 6.01 Single Family Schedute
Two cubic yard
container
90 gallon toter
Yard Waste Recycling Fee Increases - Future yard waste disposal 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
-2
" " "
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.
C. Rates for Multi-Family Solid Waste and Recycling Collection
C.l. Multi-famüy Solid Waste and Recycling Collection (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 $9:-6t
$ 9.51 per can per month. Of the rates collected, $8:-65 $9.15 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 recyclables 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 Retaina.e Retaina.e Retaina.e
10 Gal Mini Can .01;9% 5.19 -1.31 1.80 6.50 MontWy
20 Gal Mini Can t!;i6 8.61 -.87 1.80 9.48 Monthly
One 32 Gallon Can t3:6T 13.79 .95 1.80 12.84 Monthly
Two 32 Gallon Cans t9:59 20,67 2,68 1.80 17.99 MontWy
60 Gallon Toter i9:Zt 20.27 2.00 1.80 18.27 MootWy
90 Gallon Toter Z5:6t 27.23 5.s0 1.80 21.73 Monthly
-]
'. ,.' ,
C.2. Multi-Family Customers Rates and Retainages for Collection of Solid Waste Using Toters, Cans
or Containers
A. SOLID WASTE SERVICE RATES
RECEPTACLE
SIZE
Number of pickups per week
I ? ! 1 I 400 I
32 Gallon Can
9.51
9:6t
1 Cubic Yam
53.54
56:'/-t
1.5 Cubic Yards
71.47
6'f=%
2 Cubic Yards
96.26
9t:ZZ
125.03
ffi!:52
3 Cubic Yards
4 Cubic Yards
162.19
~
6 Cubic Yards
224.63
m:94
8 Cubic Yards
283.64
~
8.56
IHt
Bulk Mat'ls ($Iyd)
oJ.
96.76
9t:1e
129.84
~
176.63
i6B9
229.99
%t8,6t
301.58
~
420.13
39S:ZT
532.57
5&t:75
oJ.
139.97
ffi:-66
188.21
~
256.99
24:!:55
334.95
:If7;56
440.96
4i't;99
615;63
553:6e
781.51
~
oJ-
oJ.
oJ-
183.18
ffl:6t
246.57
23B8
337.36
3f9;Tt
439.91
4i6:99
580.34
556:00
811.13
'16&:94
1,030.44
9%:59
oJ-
-4
~OO
oJ. Rates Include the F~lIowing:
Monthly Rent &
Service R_te Per Pickup
226.40
2#:5T
Rent ~ 10.33
Service 9:46- 9.98
304.94
~
Reot ~ 13.10
Service frffl13.48'
417.72
395:-87
544.87
5f6:.ffl
Rent f5-:eT 15.90
Service Th59 18.56
Rent f9:62 20.07
Service ~ 24.24
719.72
66Z:-æ
Rent ~22.81
Service 36=5t 32.19
1,006.63
954:'E
Rent Ð:6t 29.13
Service ~ 45.15
1,279.37 Rent ~ 34.71
~ <._oô.. ~ <7 40
oJ-
'. ",,' ,
B. CITY SOLID WASTE RETAINAGE AMOUNTS
RECEPTACLE SIZE
Number of pickups per week
C.3. Rates. Charged to Mulii-family Customers for the Collection of Recyclables Using Toters, Cans or
Containers (Franchisee retains 100% of rates).
RECEPTACLE
SIZE
32 Gallon Can
60 Gallon Toter
90 Gallon Toter
1 Cubic YanI
2 Cubic Yards
3 Cubic Yards
4 Cubic Yards
6 Cubic Yards
8 Cubic Yards
Glass Basket
Glass 60 Gallon
2 4 5
32 Gallon Can .36 n/a n/a n/a n/a
60 Gallon Toter .25 n/a n/a n/a n/a
90 Gallon Toter .25 n/a n/a n/a n/a
1 Cubic YanI .50 .50 .50 .50 .50
1.5 Cubic Yards .50 .50 .50 .50 .50
2 Cubic Yards .50 .50 .50 .50 .50
3 Cubic Yards .50 .50 .50 .50 .50
4 Cubic Yards 1.50 1.50 1.50 1.50 1.50
6 Cubic Yards 2.30 2.30 2.30 2.30 2.30
8 Cubic Yards 3.04 3.04 3.04 3.04 3.04
Bulk Mat'ls ($/yd) 0
Number of
2
5.56 n/a
11.94 n/a
14.73 n/a
34.60 60.76
58.28 103.57
72.12 127.81
92.62 166.57
127.71 231.58
160.47 292.53
6.00
9.47
.5
S ial Picku
Qta n/a
n/a n/a
Qta n/a
86.91 6.04
148.87 10.46
183.49 12.86
240.53 17.08
335.46 23.99
424.60 30.50
n/a
n/a
n/a
8.45
12.99
16.44
18.66
23.83
28.40
D. Rates for Commercial Solid Waste Collection Services
Rates and Retainages for Collection of Solid Waste Using Toters, Ca¡¡s or Containers
D.l. Rates Charged to Customers/or Uncompacted Solid Waste Collection
Number of r week
RECEPTACLE SIZE Rates Include the
2 4 5 Following: Monthly
Reot & Service Rate
Per Pickup
32 Gallon Can 9.41 nIa nIa nIa nIa
~
60 Gallon Toter 26.34 nIa nIa nIa nIa
Z4:91
90 Gallon Toter 38.89 nIa nIa nIa nIa
36:86
1 Cubic Yard 53.04 95.87 138.69 181.51 224.34 Rent-9:69 10.22
5e:Zú 99:S3 i3t;4Ø +1+:9T m:53 Service "Y:37 9.89
1.5 Cubic Yards 70.83 128.68 186.53 244.38 302.22 Rent -tr:36 12.98
6'hi7; ~ t%:'/5 Z3t:57' Z66::H! Service-tZ:66 13.36
2 Cubic Yards 95.34 174.92 254.51 334.09 413.68 Rent -t4;93 15.75
9!B6 tú5:-6e ~ ~ ~ Service-f'T:4Z 18.38
3 Cubic Yards 123.84 227.81 331.77 435.73 539.70 Rent -i&:1!4 19.88
tf'iY9 Zt5-:94 *ÞI9 ~ 5i+:59 ServicO'%%;% 24.01
4 Cubic Yards 160.63 298.67 436.71 574.75 712.79 Rent -2t:# 22.59
ffi::26 2S3;e9 4i3:94 5#:7S 6'/5,6t Service -3&;%2 31.88
6 Cubic Yards 222.53 416.21 609.89 803.57 997.25. Rent -Ð-ð5 28.85
z.t6:92 394:5e 51&m ~ 945:22 Service -4bffl44.73
8 Cubic Yards 280.93 527.48 774.03 1,020.58 1,267.13 Ren~ 34.38
Z66:Zi' 499:96 'B3:65 96B3 tWt:e3
Bulk Mat'ls ($/yd) 8.47 nIa nIa nIa nIa
&:e3
6
, .
. ,'.
D.2. Rates chD;rged for Compacted Solid Waste CoUection (Customer's Own Container)
FIRST PICK-uP SPECIAL PICKUP EACH ADDITIONAL
RECEPTACLE SIZE PICKUP
1 Cubic Yard ~ 44.56 ~ 44.56 4r:Vt 44.56
3 Cubic Yards te4:ß8 109.80 te4:ß8 109.80 te4:ß8 109.80
4 Cubic Yards BfH6 146.18 BfH6 146.18 BfH6 146.18
5 Cubic Yards f63,5z 172.51 f63,5z 172.51 f63,5z 172.51
6 Cubic Yards i5tbffl 198.85 i5tbffl 198.85 i5tbffl 198.85
8 Cubic Yards Z3&;4e 251.51 Z3&;4e 251.51 Z3&;4e 25 1.5 1
Note I:
Pennanent accounts: service is deemed 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 ofSI1.I4 per yard (assessed on a pro rata basis) will be assessed if
containers are filled past their visible fulllinût. container lids will not close due to overfilling, or if additional materials
are placed on or near the containers.
D.3. City Solid Waste Relalnage Amoun1.r
RECEPTACLE SIZE
32 Gallon Can
60 Gallon Toter
90 Gallon Toter
I Cubic Yard
1.5 Cubic Yards
2 Cubic Yards
3 Cubic Yards
4 Cubic Yards
6 Cubic Yards
8 Cubic Yards
Bulk Mat'ls ($1 d
Number of p;clrup. per week
2 3 4 5
.lQ JJfA JJfA nlA nlA
.25 nJa nJa nJa nJa
.25 nJa nJa nJa nJa
.50 .50 .50 .50 .50
.50 .50 .50 .50 .50
.50 .50 .50 .50 .50
.50 .50 .50 .50 .50
1.50 1.50 1.50 1.50 1.50
2.30 2.30 2.30 2.30 2.30
3.04 3.04 3.04 3.04 3.04
0
7
E. Rate~ fgr Tevapora~ ~olld Waat~ ~oll~tlon .... ,xe~aeaum or edomat~,~ial
SERVICE T~E S~E OR T~E OF CONT~ER
Tcm~ A~unt lnithl ~ ~ ~
DcHvc~ 15,83 15.83 15.83 15.83 15.83 15.83 15.83
-- Old Pickup Ra~* '12.~ 15.~ ~ ~ ~ ~ ~
-- Ncw Pickup ~* 13.05 16.52 21.54 27.18 35.05 47.90 60.10
Rcnt Pcr ~l~dar Day 1.~ 1.~ 1.06 1.~ I.~ 1.58 1.85
__ Rcnt Per Mon~ n/a als n/a n/a ~ n/a Wa
*Notc: Thc abovc pick-up m~ appU~ ~ ~U~on ~ ~dc dung ~c ~gularly sch~ul~ pick-up day(a) for thc vic~ity of thc tcm~mry
~nmmcr, Cu~mer ~ ~ mfo~ of ~ s~ul~ plump ~ (or darc options) u~n o~c~g ~am~cr. If cua~mcr ~uc~ts a pick-up on othcr
than thc ~gularly sch~ul~ pick-up ~, a s~l d~pa~h f~ may bc ass~ in addition to ~c abovc pick-up rotc.
~c~ arc no ~ag~ ~ao¢~ ~ Tcm~ ScUd Waste CoU~tioa Sc~i~
F. ~te for SpCsl D~pat~ and Con~er Cl~n-Ou~ ' * *
F°r ~id~n~l °r ~mm~ ~ d~, ~e~s~Hbe~.61 $66.91 ~r ho~, ~ a ~um ofon~ffhour, plus tipp~g f~ to
disuse of ~e mate~ Of aueh ~pp~g f~ ~ not a~dy ~clud~ ~ se~i~ ~u~t~). T~e s~H bo charg~ from the t~ ~ v~hielc l~v~
~ sch~ul~ route (or ~e ~H~tor'a te~al) un~ i~ ~m to the mute or te~al. T~e shall be ~ to ~e n~rest 15 m~ute increment.
Up ~ one ~n~cr el~ ~r ~r y~r shah be pmvid~ at no cost to the customer u~n r~u~t. Mo~ f~ucnt el~n~ut customer cl~n-
ou~ may be asa~s~ a ~sonable c~e by ~e f~ch~. ·
Thew are no r~mag~ assoe~ ~ S~ial Dispatch or Cl~n~ut Schick.
,'/ ., of .
G. Dro -Box Rates
[ PERMANENT I
20 Yard
OLD RATE
MONTIiLY
RENT
9t-:56
20 Yard
'bK
NEW RATE DELIVERY
MONTIiLYRENT CHARGE
32,90 - 56.53 N/A
36.58 - 56.53 N/A
43.08 - 56.53 N/A
57.72: ' -, 56.53 I N/A
OLD RATE HAULING
DAILY RENT (pER HAUL) (pER HAUL) DELIVERY
2.55 ~ 70.23 27.68
3.26 ~ 70.23 27.68
70.23 27.68
2S Yard
35:6Z
30 Yard
-
40 Yard
55:26
TEMPORARY
OLD RATE
2S Yard
:H2
30 Yard
S779
40 Yard
COMPACTORS
10+ Yard
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 rccyclables.
I. Return Trips
When a collector is required to make a mum 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 ...................,...........
. "" S 10.50
Container 1-8 yd ..
..........,..................,..............
. ."S 12.50
Drop Box.. .. .
.................,..,.......,............................. ... S 32.50
Revised 1/99
K'ISWRIFWDIKCRA1E99.EXA
9