HomeMy WebLinkAboutOrdinances - 2011-04 - Establish mimimum levels of service for collection of solid waste and designated recylables. - 6/28/2011City of East Wenatchee,Washington
Ordinance No.2011-04
An Ordinance of the City of East Wenatchee establishing minimum levels of
service for the collection of solid waste and for the collection of designated
recyclables.
1.Recitals
a.Preamble.The City of East Wenatchee ("City")is a non-charter code City duly
incorporated and operating under the laws of the State of Washington.
b.In 1994,the City adopted Douglas County Comprehensive Solid Waste
Management Plan.
c.In 1995,the City of East Wenatchee adopted a policy known as Minimum Levels
ofService for the Collection ofDesignated Recyclables.
d.Given the passage of time,the City Council of East Wenatchee ("City Council")
fmds that it is in the best interests of the City and its citizens to amend and update
its policy regarding the minimum service levels for the collection of solid waste.
e.The Douglas County Solid Waste Advisory Committee ("SWAC")drafted an
updated policy,took comments from jurisdiction with Douglas County,and then
drafted a final policy it recommends for approval.
f.On June 14,2011,the City Council held a Public Hearing to allow members of
the public to comment on the proposed policy prepared by SWAC.
2.Authority.
a.RCW 35A.l1.020 and RCW 35A.12.1 90 authorize the City Council to adopt
ordinances of all kinds to regulate its municipal affairs and appropriate to the
good government of the City.
b.RCW 70.95.092 requires the City to define its minimum levels of service to be
provided to its residential and non-residential solid waste generators.
City of East Wenatchee
2011-04 Ordinance
Ordinance
Page 1 of 4
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Purpose.The purpose of this ordinance is to establish a policy setting forth the
minimum levels of service for the collection of solid waste and recyclable
materials.In tum,the City will use this policy in negotiating an East Wenatchee
Comprehensive Soled Waste and Recycling Collection and Disposal Agreement.
Adoption.Exhibit A contains the East Wenatchee Minimum Service Levels.By
reference,the City Council adopts the language set forth in Exhibit A as the
official policy of the City.
Repeal.The City Council repeals Ordinance No.95-13,Ordinance 94-21,and
any other previously adopted East Wenatchee Minimum Service Levels.
Incorporation.The City Council incorporates the attached East Wenatchee
Minimum Service Levels into the adopted Douglas County Comprehensive Solid
Waste Management Plan.
Severability.If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law,such declaration shall not affect the validity of
the other provisions of this Ordinance.
Publication.The City Council directs the City Clerk to publish a summary ofthis
Ordinance.The summary shall consist of the title of this Ordinance
Section 7:Effective Date.This Ordinance becomes effective five days after the date its
summary is published.
passed~b the City Council of East Wenatchee,at a regular meeting tbereof on tbis ~
day of ~'J.JnV ,2011.
/,
CITY OF EAST WENATCHEE,
WASHINGTON
ByStev~~7(1.~=ld'~ZI-I/--
City of East Wenatchee
2011-04 Ordinance
Ordinance
Page 2 of4
ATTEST:
Dana Barnard,City Clerk
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
City of East Wenatchee
2011-04 Ordinance
Ordinance
Page 3 of 4
Summary of Ordinance No.2011-04
Ofthe City of East Wenatchee,Washington
On the !Jrdayof -if~,2011,the City Council of the City of East
Wenatchee,W ~ton approv Ordmance No.2011-04,the mam pomt of which may be
summarized by its title as follows:
An Ordinance of the City of East Wenatchee establishing minimum levels of
service for the collection of solid waste and for the collection of designated
recyclables.
Upon request,the City will mail a full text of this Ordinance.
Dated this £day ofF,2011.
CITY CLERK,DANA BARNARD
City of East Wenatchee
2011-04 Ordinance
Ordinance
Page 4 of4
EAST WENATCHEE MINIMUM SERVICE LEVELS
Executive Summary
As outlined within the City of East Wenatchee adopted August 2010 Douglas County
Comprehensive Solid Waste Management Plan (9.4.2)"the collection rates within the Regional
Planning Area should reflect the Minimum Service Levels established by each of the Participating
Jurisdictions.These Minimum Service Levels should be consistent throughout the Regional
Planning Area,thus providing the citizens of the Regional Planning Area,regardless of where
they reside,a common level of service.Cities and towns have the authority to require that their
adopted Minimum Service Levels be provided within their Solid Waste provider contracts."
Additionally,the adopted Douglas County Comprehensive Solid Waste Management Plan
recommends that all the cities and towns within the Regional Planning Area "require all
municipal waste hauler agreements to conform to the adopted minimum level of service."
As specified within 9.6.5"in order to assure all municipal customers within the Regional
Planning Area the same level of service,a uniform Minimum Service Level should be adopted.
All the Participating Jurisdictions would need to work together to coordinate their desired levels
of service in order to establish a uniform municipal waste haulers agreement.This uniform
waste haulers agreement would be based upon the mutually agreed to Minimum Service Levels
and would require all municipal waste haulers within the Regional Planning Area to provide the
same level of service.This would not only allow waste generators,regardless of where they live,
the opportunity to dispose of the waste property,but it would also assure a uniform level of
service for all municipal residents regardless of where they reside within the Regional Planning
Area."
As specified within 9.6.6 "by coordinating all the municipal waste haulers agreements terms and
conditions within the established uniform Request for Proposals (RFP),each Participating
Jurisdiction would gain the benefit of maximizing the volume and service level established,thus
inducing competition.By adopting uniform Minimum Service Levels the creation of a municipal
waste hauler RFP should be a fairly simple matter.Under this alternative,each Participating
Jurisdiction could assure its residents of a level of service that is similar,if not identical,to what
is offered to any ofthe other Participating Jurisdictions within the Regional Planning Area at the
same or approximate collection rate."
As specified within 9.6.7 "because of the low volume of waste that can be collected in each
municipality,it is difficult for a municipal waste hauler to gain a foothold in the Regional
Planning Area unless they can attain a larger portion of the waste stream.If all municipal waste
hauler agreements were to expire on the same date and run for a specific term,competition
among haulers would be heightened and new haulers could bid for larger pieces of territory.The
entire Regional Planning Area would be biddable at one time thus allowing haulers the
opportunity to gain new contracts quickly.Likewise,haulers would need to offer lower rates in
order to maintain control of their current contracts.Thus,rates could be driven down due to
bidding wars and many haulers could attain substantial portions ofthe waste stream at one time,
rather than acquiring it over an extended period of time."
Exhibit A
EAST WENATCHEE MINIMUM SERVICE LEVELS
EAST WENATCHEE MINIMUM SERVICE LEVELS
Table of Contents
Part One:Purpose
Purpose e ••••••••e •••••e ••••••••e ••••••••e ••••••••e •••••e •••••e.1.01
Part Two:Compliance with the Douglas County Comprehensive
Solid Waste Management Plan
Minimum Service Levels e.
Coordination of Request for Proposals .
Coordination of Contracts ..e ••••••••e •••••••••••e ••e •••••e ••••••••
Exclusive Contract e •••••••••••e ••••••••••••••••••••e •••••
Mandatory Collection e •••••••••••••
Variable Rate Structure .
Part Three:Definitions
Definitions .
Part Four:Minimum Service Levels
Company Services 0 00 0 0
City Representative 0 •••••0 •••••0 •••••••••••••••••••••••••••••
Independent Contractor .
Worker's Compensation .
Indemnification .
Default and Liabilities 0 •••••••••••
Laws,Licenses and Taxes .
Default 0 •••••••••••••••••••••••0 ••0 •••••••••••••••••••••00
Performance Bond 0 ••••0.00 ••••••••0 ••••••••
Liability Insurance 0 ••••••••••••••••••••••••••••••••••0 ••••••
Liquidated Damages 0 •••0 ••••••••••••••••••••••••••
V en ue 0 •••••000 •••00.0 ••0 •••••0 ••••0.0.0.0 ••O.
Ownership ....0 ••0 •••••••0 •••0 ••00 ••••••••••••••••••••0 ••0.00 ••••••••••
Ownership of Collection Vehicles,Containers
2.01
2.02
2.03
2.04
2.05
2.06
3.01
4.01
4.01.1
4.01.2
4.01.3
4.01.4
4.02
4.02.1
4.02.2
4.02.3
4.02.4
4.02.5
4.02.6
4.03
and Equipment 0 ••••4.03.1
Fees and Rates .....0..................................................4.04
City Fees.......................................................4.04.1
Collection License Fee 4.04.2
Customer Billing 0 •••••00 •••0.0 ••••••••••••4.04.3
Modification of Rates 0 •••0 •••••••••••••••0.0 ••0 ••••0 ••4.04.4
Exhibit A
Customer Service e.e ••••••••••••••••••••••••••••••••••••••••••
Company Name e ••••••••••••••••••••••e e ••e.e e •••••e.
Maintenance of Office .
Standard of Work .
Residential Waste Collection .
Non-Residential Waste Collection .
Method of Disposal .
Parking of Vehicles .
Collection Equipment 0 ••0 ••••••••••••0 ••••••••0 •••••••
Collection Equipment 0 •••0 •••••••••••••••••••••••
Collection Containers e e e e e e e e
Collection Vehicles e e e.e e e ••e e.
Collection Activities and Routes .
Collection Activities -Generally .
Loading and Transportation .
Cleaning e ....................................•••••••••
Alternative Collection Routes .
Improvement to Roads,Streets,Alleys .
Collection Schedules .
4.05
4.05.1
4.05.2
4.05.3
4.05.4
4.05.5
4.05.6
4.05.7
4.06
4.06.1
4.06.2
4.06.3
4.07
4.07.1
4.07.2
4.07.3
4.07.4
4.07.5
4.08
Collection Schedule 4.08.1
Required Schedules 0 •••••••••••0 ••0 •••••••••••0 ••0.0 4.08.2
Holidays o ••••••••••0 •••••••••••0 ••00 •••••4.08.3
Limitation on Service 0 ••••0 •••••0.0 •••••00 ••0 ••0 •••••••••••••4.08.4
Missed Collection -Special Collection -
Service Credit ..0 •••••••••0 ••••••••••••••••••••••••0 ••••••0....4.08.5
Residential Service Suspension 4.08.6
Waste Reduction and Recycling..................................4.09
Collection,Disposal and Recycling Development
And Innovation.0 •••••••••••••••••••••e.e..eee.ee.ee.......•..4.09.1
Planning Assistance e..............................4.09.2
Public Outreach Program..................................4.09.3
Waste Reduction &Recycling Education Program ...4.09.4
Special Collections e ••••••••••••••••••••••••••••••••••4.09.5
Residential Sharps Disposal Program 4.09.6
Community Recycling Program 4.09.7
Residential Curbside Recycling Program 4.09.8
Residential Yard Debris Collection Program 4.09.9
Commercial Recycling Program 4.09.10
Waste Reduction &Recycling Program Costs 4.09.11
Exhibit A
Marketing Recyclables 4.09.12
Waste Reduction &Recycling Revenues 4.09.13
Inspection and Reporting e ••••••••e •••••••••••e..•••••4.10
Load Inspections 4.10.1
Right of Inspection e..e..e e..e e......4.10.2
Data Collection and Evaluation Program 4.10.3
Annual Reporting e •••••e •••••••••••e •••••••••••••••4.10.4
Fees and Costs .....e •••••e ••e •••••e •••••e •••••e •••••e •••••••••••e..•••4.11
Disabled,Elderly and Low Income Service
Assistance 4.11.1
Disposal Fee Increases e ••••••••e •••••e ••••••••e •••4.11.2
Disposal Fee Reductions e ••••••••••4.11.3
Allowable Implementation Costs 4.11.4
Exhibit A
EAST WENATCHEE MINIMUM SERVICE LEVELS
FOR SERVICES TO BE PROVIDED TO
RESIDENTIAL AND NON-RESIDENTIAL SOLID WASTE GENERATORS
PART ONE:PURPOSE
1.01 The purpose of this Policy is to establish minimum service levels to be provided to all
incorporated East Wenatchee residential and non-residential municipal waste generators,as
specified within RCW 70.95.092.The established East Wenatchee Minimum Service Levels are
to be utilized by the City of East Wenatchee to assist in establishing certified solid waste
collection companies services that are fair,just,reasonable and sufficient.
PART TWO:COMPLIANCE WITH THE DOUGLAS COUNTY COMPREHENSIVE
SOLID WASTE MANAGEMENT PLAN
2.01 Minimum Service Levels.In order to assure all municipal customers within the
Regional Planning Area the same or comparable levels of service the City of East Wenatchee
shall develop,adopt and contractually implement the following Minimum Service Levels as set
forth in Part Four below.
2.02 Coordination of Requests for Proposals.The City of East Wenatchee shall use best
efforts to coordinate concurrent issuance,terms and conditions of its Comprehensive Solid Waste
&Recycling Collection and Disposal Requestfor Proposals with the other Regional Planning
Area municipal jurisdictions of:the City of Bridgeport;the City of Rock Island;the Town of
Rock Island;and the Town of Waterville.
2.03 Coordination of Contracts.The City of East Wenatchee shall use best efforts to
coordinate concurrent timing,commencement and expiration of its Comprehensive Solid Waste
&Recycling Collection and Disposal Agreement with the other Regional Planning Area
municipal jurisdictions of:the City of Bridgeport;the City of Rock Island;the Town of Rock
Island;and the Town of Waterville.
2.04 Exclusive Contract.All Municipal Solid Waste collection within the City of East
Wenatchee shall be an exclusive right.If an area is annexed into the City of East Wenatchee,
then the Contracted Collection Company shall provide the Minimum Service Levels to the
annexed area.
2.05 Mandatory Collection.Residential and Non-Residential Municipal Solid Waste
collection service shall be mandatory upon all households and businesses within the City of East
Wenatchee.
2.06 Variable Rate Structure.The Contracted Collection Company shall provide a variable
rate to all residential service customers within the City of East Wenatchee.
Exhibit A
PART THREE:DEFINITIONS
3.01 Unless the context clearly requires otherwise,the following definitions shall apply
throughout the established East Wenatchee Minimum Service Levels:
"City"means the incorporated areas of the City of East Wenatchee,Washington,a political
subdivision of the State of Washington.
"Collection Container"means any appropriate sized portable device used for the collection,
storage,or transport of Municipal Solid Waste including,but not limited to,Reusable Containers
and Detachable Containers.
"Collection Equipment"means an all metal,sealed,completely enclosed packer or container unit
that is designed and manufactured for the purpose of providing residential and commercial
service.
"Collection Vehicle"means any WUTC approved solid waste collection vehicle utilized by a
collection company to collect,transport and dispose of Municipal Solid Waste within the City of
East Wenatchee.
"Commercial Waste"means any Municipal Solid Waste originating in wholesale,retail or
service establishments including,but not limited to,office buildings,stores,markets,theaters,
hotel and warehouses.
"Community Recycling Program"means a community based recycling program utilizing
Community Recycling Stations and Curbside Recycling to collect Designated Recyclables for
the convenience of the participating jurisdictions citizens and businesses.
"Community Recycling Stations"means the portable metal recycling containers provided by a
collection company to facilitate the City of East Wenatchee's Community Recycling Program.
"Contracted Collection Company"means a collection company providing Municipal Solid
Waste collection service under contract within the incorporated areas of City of East Wenatchee.
"Curbside Recycling"means a recycling program offered to Residential Waste customers which
includes,at a minimum,bi-weekly collection of co-mingled Designated Recyclables into
Recycling Collection Containers.
"Designated Recyclables"means those Municipal Solid Wastes that are separated for recycling
or reuse and that has been identified as having a market value that makes its collection
economically viable.
"Detachable Containers"means reusable containers that are mechanically loaded or handled,
such as a dumpster or drop box.
Exhibit A
"Douglas County Comprehensive Solid Waste Management Plan"means the adopted
countywide solid waste management plan required by RCW Chapter 70.95.
"Incorporated Area"means those geographical areas within Douglas County's Urban Growth
Areas that have been incorporated as cities or towns.
"Industrial Waste"means any Municipal Solid Waste generated from manufacturing operations,
food processing,or other industrial processes.
"Institutional Waste"means any Municipal Solid Waste originating in schools,hospitals,
prisons,research institutions and other public buildings.
"Intermediate Solid Waste Handling Facility"means any intermediate use or processing site
engaged in solid waste handling which is not the final site of disposal.This includes material
recovery facilities,transfer stations,drop boxes,baling and compaction sites.
"Municipal Solid Waste (MSW)"means a subset of solid waste which includes unsegregated
garbage,refuse and similar solid waste material discarded from residential,commercial,
institutional and industrial sources and community activities,including residue after recyclables
have been separated.Solid waste that has been segregated by source and characteristic may
qualify for management as a non-municipal solid waste solid waste at a facility designed and
operated to address the waste's characteristics and potential environmental impacts.The term
Municipal Solid Waste does not include:
•Dangerous Wastes,other than wastes excluded from the requirements of WAC Chapter
173.303,Dangerous Waste regulations,in WAC 173.303.071,such as household
hazardous wastes;
•Any solid waste,including contaminated soil and debris,resulting from response action
taken under Section 104 or 106 of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (42 U.S.C.9601),RCW Chapter 70.105D,
Hazardous Waste Cleanup -Model Toxic Control Act,WAC Chapter 173.340,the
Model Toxic Control Act,and cleanup,regulation or a remedial action taken under those
rules;nor
•Mixed or segregated recyclable material that has been source-separated from garbage,
refuse and similar solid waste.The residual from source-separated recyclables is
Municipal Solid Waste.
"Non-Residential Waste"means any Municipal Solid Waste originating from commercial,
industrial or institutional generators including,but not limited to,wholesale,retail,service
establishments,warehousing,manufacturing,food processing establishments,hospitals,schools,
or other public buildings.
"Policy"means the adopted East Wenatchee Minimum Service Levels as it now exists or as
hereafter enacted or amended in the future.
Exhibit A
"Recycling Collection Containers"means a Collection Container provided by a collection
company to its Residential Waste customers to facilitate the collection of the Designated
Recyclables.
"Reduced Rate"means a residential municipal solid waste collection rate incorporating a rebate,
refund or discount.
"Residential Waste"means any Municipal Solid Waste originating from residential households
including,but not limited to,single family residences,apartments,townhouses,duplexes and
condominiums.
"Reusable Containers"means containers that are used more than once to handle Municipal Solid
Waste,such as garbage cans.
"Single Source Recycling"means a method of collecting co-mingled Designated Recyclables
within a Recycling Collection Container.
"Solid Waste"means the same as defined under RCW 70.95.030,as it now exists or as hereafter
amended,except for the purpose of this Policy solid waste does not include Designated
Recyclables.
"Variable Rate"means a rate system under which residential Municipal Solid Waste customers
pay for collection and disposal service per unit of waste collected rather than through a fixed
volume fee.
"Yard Waste Collection Container"means a Collection Container provided by a collection
company to its Residential Waste customers to facilitate the collection of yard waste.
"WUTC"means the Washington Utilities and Transportation Commission.
PART FOUR:MINIMUM SERVICE LEVELS
The following Policy is hereby established for both Residential and Non-Residential Solid Waste
generator within the Incorporated Areas of the City of East Wenatchee:
4.01 COMPANY SERVICES
1.City Representative.The Contracted Collection Company agrees that all communications,
both,written or verbal,formal or informal,concerning the provision of service to the City shall
be through the Mayor or his/her authorized representative.
Exhibit A
2.Independent Contractor.It is understood and agreed to by the Contracted Collection
Company that the relationship between the Contracted Collection Company and the City is that
of an independent contractor.No employee,agent or subcontractor of the Contracted Collection
Company shall be deemed to be an employee,agent or subcontractor of the City.None of the
benefits provided by the City to its employees are available to the employees,agents or
subcontractors of the Contracted Collection Company.It is understood by the Contracted
Collection Company that it is an independent contractor in the performance of each and every
part of these Minimum Service Levels,and is solely and personally liable for all labor and
expenses in connection therewith,including any employee benefits and employee taxes.
3.Worker's Compensation.The Contracted Collection Company shall maintain Worker's
Compensation Insurance for all Contracted Collection Company employees who will be
performing services for Contracted Collection Company.If any of the services to be performed
by the Contracted Collection Company are performed by subcontractors of the Contracted
Collection Company,the Contracted Collection Company shall require the subcontractors
similarly to provide Worker's Compensation Insurance unless the subcontractor's employees are
covered by the Contracted Collection Company's policy.
4.Indemnification.The Contracted Collection Company shall indemnify,defend and hold
harmless the City from and against any and all liabilities,penalties,fines,forfeitures,demands,
causes of action,suits,and cost and expenses incidental thereto,which the City may hereafter
suffer,incur,be responsible for or payout as a result of violation or alleged violation of statutes,
ordinances,orders,rules or regulations of any governmental entity or agency arising out of the
use of any solid waste handling facility,transfer station,material recovery facility or equipment
owned and operated by the Contracted Collection Company.
4.02 DEFAULT AND LIABILITIES
1.Laws,Licenses and Taxes.The Contracted Collection Company shall comply with all
applicable Federal,State,Local laws,regulations and ordinances pertaining to the collection,
handling,transporting,disposing and monitoring of all Municipal Solid Waste (MSW).The
Contracted Collection Company shall maintain continuously a Certificate ofPublic Convenience
and Necessity issued by the Washington Utilities and Transportation Commission (WUTC).
Exhibit A
2.Default.If the Contracted Collection Company shall fail to fully and promptly comply with
any of the provisions contained within the City ofEast Wenatchee Comprehensive Solid Waste
and Recycling Collection and Disposal Agreement or shall fail to give reason satisfactory to the
City for noncompliance,the City may then declare the Contracted Collection Company to be in
default and notify the Contracted Collection Company of such default and shall provide the
Contracted Collection Company with thirty (30)calendar days to secure such default and failing
such action by the Contracted Collection Company,the City may after said thirty (30)calendar
day period provide written notice termination of the City ofEast Wenatchee Comprehensive
Solid Waste and Recycling Collection and Disposal Agreement and its surety on its performance
bond.Upon receipt of any such written notice,the Contracted Collection Company agrees that it
will promptly discontinue the work,whereupon the surety may,at its option,to be exercised
within ten (10)calendar days from such written notice,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 City ofEast Wenatchee Comprehensive Solid
Waste and Recycling Collection and Disposal Agreement,and all documents incorporated
within.Pending consideration by the surety of said option to assume the work,the City may take
possession of all the Contracted Collection Company's Collection Vehicles,Containers,
Equipment 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 City out of the moneys due
or to become due the Contracted Collection Company,if any,or otherwise charge same to the
Contracted Collection Company in full.
If the surety fails to exercise its option within the ten (l0)calendar day period,the City may
complete the work or any part thereof,either by day labor,or by reletting the same,and the City
shall have the right to take possession of and use any of the Collection Vehicles,Containers,
Equipment and facilities necessary for the completion of the same,and to charge same to the
Contracted Collection Company or its surety,together with all reasonable costs incidental
thereto.The City shall be entitled to recover from the Contracted Collection Company and its
surety as damages all expenses incurred,including reasonable attorney and legal fees,together
with such additional sums as may be necessary to complete the work,together with any further
damages sustained or to be sustained by the City.
3.Performance Bond.The Contracted Collection Company shall furnish to the City a
performance bond to be approved by the City's legal counsel.This performance bond shall be
signed by a surety company or surety and shall be in a minimum amount of five hundred
thousand dollars ($500,000).Such performance bond shall be for individual twelve (12)month
periods,but shall at all times be renewed or replaced on or before expiration and kept in full
force and effect.
Exhibit A
4.Liability Insurance.The Contracted Collection Company shall provide and maintain in full
force and effect a policy of public liability insurance and vehicle coverage,providing for limits
of not less than two million dollars ($2,000,000)for all damages arising out of bodily injury to or
death of one person,and subj ect to that limit for each person,a total of not less than five million
dollars ($5,000,000)for all damages arising out of bodily injuries to or death of two or more
persons in anyone accident;property damage,liability insurance providing for a limit of not less
than two million dollars ($2,000,000)for all damages arising out of injury or destruction of
property.
The City shall be named as an additional insured under all policies.All policies shall provide for
thirty (30)calendar days notice to the City of any change,cancellation or lapse of such insurance
coverage.
The Contracted Collection Company shall hold harmless and indemnify the City from any and
all loss,damage,claims,suits,judgments or recoveries which may be asserted,made or may
arise or be had,brought or recovered against the City arising or alleged to arise out of any claim
or allegations alleging anti-trust violations or any negligent acts or negligent omissions of the
Contracted Collection Company,its employee,agents or subcontractors;and that the Contracted
Collection Company shall immediately appear and defend the same at its own cost and expense,
provided that nothing shall be construed as indemnification for the negligence of the City,its
employees or agents.
5.Liquidated Damages.The Contracted Collection Company acknowledges that any breach of
these Minimum Service Levels could cause substantial damage to the City and its Residential and
Non-Residential solid waste generators and that the nature of breach could render it impractical
or extremely difficult to fix the actual damage sustained by the City by such breach.If a breach
of this Policy occurs the Contracted Collection Company recognizes that the City shall,in
addition to any other remedy the City may pursue,may pursue liquidated damages for each
breach of these Minimum Service Levels as agreed upon by the City and the Contracted
Collection Company.An election to seek such remedies shall not be construed as a waiver of
any legal remedies available to the City for present or future breaches in service.
6.Venue.The venue for any action oflaw,suit in equity or judicial proceeding for the
enforcement of this Policy shall be instituted and maintained only in the courts of competent
jurisdictions in Douglas County,Washington.
Exhibit A
4.03 OWNERSHIP
1.Ownership of Collection Vehicles,Containers and Equipment.All Collection Vehicles,
Containers and Equipment shall be owned by the Contracted Collection Company;provided,
however that leasing or rental agreements may be allowed,when approved by the City prior to
their execution.All such leasing or rental agreements shall provide than in the event of default
by the Contracted Collection Company or of such lease or rental agreement,the City may at its
option have the right to take possession of such Collection Vehicles,Containers and Equipment
covered by such leasing and rental agreements.Any conditional sales contract or other
contractual arrangement for financing the purchase of such Collection Vehicles,Containers or
Equipment shall provide that,in the event of default by the Contracted Collection Company,the
City may at its option have the right to take possession of such Collection Vehicles,Containers
and Equipment covered by such agreements.
4.04 FEES AND RATES
1.City Fees.The City agrees not to charge to the Contracted Collection Company any license
fee,tax,assessment or other charge in respect to the provision of service to the City,including
the fee(s)set forth below,except a business license,without authorizing a commensurate
increase in the compensation to be paid to the Contracted Collection Company.
2.Collection License Fee.The Contracted Collection Company shall pay to the City a utility
tax in accordance with the City's Municipal Code,as it now exists or as hereafter enacted or
amended.The Contracted Collection Company shall pay this fee to the City each calendar
quarter.Each payment shall be made no later than thirty (30)calendar days after the preceding
calendar quarter.Any quarterly fee not paid by the Contracted Collection Company within the
thirty (30)calendar days at the end of the calendar quarter shall bear interest at the rate of twelve
percent (12%)from the date due until paid.The City reserves the right to adjust the fee or utility
tax authorization at any time.
3.Customer Billing.The Contracted Collection Company shall perform all billing and
collection activities under this Policy.Payment shall be made to the Contracted Collection
Company by each Residential and Non-Residential customer according to the Contracted
Collection Company's established billing procedures.
4.Modification of Rates.Any rate increase,request by the Contracted Collection Company,
shall be made in writing to the City no later than September 1st of each year that a modification is
requested.No periodic increase in rates and charges to be paid the Contracted Collection
Company shall be effective until reviewed and approved by the City Council.All periodic
increases in rates and charges shall become effective January 1st of each year following receipt
by the City of a verified City approved rate or charge increase.
Exhibit A
4.05 CUSTOMER SERVICES
1.Company Name.The Contracted Collection Company shall not use a company name
containing the words "East Wenatchee"or "City"or any other words or phrases implying
ownership by or affiliation with the City.
2.Maintenance of Office.The Contracted Collection Company shall be required to maintain
an office with sufficient employees to provide customer service,receive complaints,orders for
service,and instructions from customers.The office shall be open between the hours of 8:00
a.m.and 4:30 p.m.,Monday through Friday,except legal holidays.A telephone answering
service or message recording system shall be available twenty-four (24)hours per day,seven
days per week.The office shall maintain sufficient telephone numbers having a telephone
number exchange which may be called from any location within Douglas County without a toll
or other long distance charges.Two-way communications between the office and all collection
vehicles shall be maintained at all times collection activities are conducted.
3.Standard of Work.Officers,employees,agents and subcontractors of the Contracted
Collection Company shall perform all work and services in a skillful and competent manner in
accordance with solid waste handling and disposal performance standards in the State of
Washington.
4.Residential Waste Collection.All Reusable Containers originating from single family
residences and duplexes shall be picked up at the curb or alley property lines.All Reusable or
Detachable Containers originating from apartments,townhouses or condominiums are to be
picked up at collection locations approved by the City.
All Residential Waste shaH be collected in either Reusable or Detachable Containers only.
5.Non-Residential Waste Collection.All Non-Residential Waste including,but not limited
to,Commercial Waste,Industrial Waste and Institutional Wastes shall be picked up by the
Contracted Collection Company in Detachable Containers at collection locations approved by
the City.
6.Method of DisposaL All MSW shall be delivered to a permitted Intermediate Solid Waste
Handling Facility or directly to the Greater Wenatchee Regional Landfill and Recycling Facility.
The Contracted Collection Company shall keep the City advised of the permitted Intermediate
Solid Waste Handling Facility(s)used.
7.Parking of Collection Vehicles.The Contracted Collection Company shall not use property
in or adjacent to property that is zoned as residential or adjacent to an Intermediate Solid Waste
Handling Facility for the parking,standing,washing,cleaning or storing of Collection Vehicles
without the approval of the City.Areas used by the Contracted Collection Company for the
storing,parking or repair of Collection Vehicles shall be kept in a clean and orderly condition.
Exhibit A
4.06 COLLECTION EQUIPMENT
1.Collection Equipment.Compactor and container units shall be all metal,sealed,completely
enclosed,designed and manufactured for the collection of garbage and refuse,and capable of
servicing both Residential and Non-Residential customers.The number and type of Collection
Equipment shall be sufficient for the collection of all MSW within the area serviced by the
Contracted Collection Company.
2.Collection Containers.
A.Provided by Company.Each customer shall be provided with an appropriate sized
Collection Container by the Contracted Collection Company.The Contracted Collection
Company may enter into an agreement with the customer to furnish such container or
containers as the disposal needs of the customer may require.All Collection Containers
shall be of such design as can be served by the Contracted Collection Company's
Collection Equipment.All Collection Containers shall display the Contracted Collection
Company's name and shall be marked with any necessary or appropriate safety warning
as may be required or recommended by an appropriate regulatory agency.All Collection
Containers shall be steamed-cleaned or pressure-washed prior to being placed for new
service and whenever necessary.
B.Provided by Customer.Alternate Collection Containers may be approved by the
Contracted Collection Company and will be provided by the customer at customers'sole
expense.
3.Collection Vehicles.The Contracted Collection Company shall only use Collection Vehicles
that are designated and manufactured for the collection of MSW and are capable of servicing
both Residential and Non-Residential customers.The number and type of Collection Vehicles
used shall be sufficient for the collection of all MSW within the area serviced by the Contracted
Collection Company.Collection Vehicles shall be painted and numbered.Collection Vehicles
shall display the Contracted Collection Company's name and vehicle number in letters of a
contrasting color at least three (3)inches high,on each side of the vehicle.No advertising on
Collection Vehicles shall be permitted,other than the name of the Contracted Collection
Company.All Collection Vehicles shall be kept in a clean and sanitary condition and shall be
steamed-cleaned or pressure-washed inside and outside,at least once each week.
Exhibit A
4.07 COLLECTION ACTIVITY AND ROUTES
1.Collection Activity -Generally.The Contracted Collection Company employees collecting
MSW shall use public rights-of-way whenever possible.Employees shall replace all Collection
Containers and covers.While on private property,employees shall use driveways and
walkways,shall close all gates opened to access Collection Containers,and shall return to the
public right-of-way to avoid crossing private property to service adjoining customers.
Employees shall wear clean,presentable clothing.Employees shall respect the private property
rights and privacy rights of all customers.Employees shall conduct collection activities
courteously and as quietly as reasonably possible,avoiding loud conversation or profane
language.
2.Loading and Transportation.Care shall be taken when collecting,loading and transporting
MSW.MSW shall not be allowed to escape or spill during collection or from company
Collection Vehicles or Collection Equipment.
3.Cleaning.The Contracted Collection Company shall retrieve all escaped or spilled MSW
from private and public property,including roads,streets and alleys,and clean the affected area
within two (2)hours after receiving notice of escaped or spilled MSW.If the Contracted
Collection Company fails to retrieve and clean within two (2)hours after notice,the City may
proceed with retrieval and clean-up and charge all costs to the Contracted Collection Company.
4.Alternative Collection Routes.The City reserves the right to direct the Contracted
Collection Company to alter an accustomed route or collection time due to weather and road
conditions.The City shall advise the Contracted Collection Company of these conditions as
soon as reasonably possible.
5.Improvement to Roads,Streets,Alleys.The City shall have the right to construct,improve
and maintain all roads,streets,alleys and rights-of-way,which may require the Contracted
Collection Company to adjust its accustomed route or routes for collection.The Contracted
Collection Company shall make every reasonable effort to collect all routes.
4.08 COLLECTION SCHEDULES
1.Collection Scheduling.The Contracted Collection Company shall use reasonable efforts at
all times to keep all persons from whom it is collecting MSW advised of the schedules for
collection,both day and time of collection,and shall further use reasonable efforts to maintain
actual collection in accordance with written schedules.
2.Required Schedules.All collections shall be made during the following days and times.
Changes to the required schedules may be made by the Contracted Collection Company when
required due to imposition of weight restrictions or other limiting factors:
A.Residential Waste Customers.Between the hours of6:00 a.m.and 5:00 p.m.,
Monday through Saturday.
Exhibit A
B.Commercial Waste Customers.Between the hours of3:00 a.rn.and 5:00 p.m.,
Monday through Saturday.
C.Industrial Waste Customers.Between the hours of3:00 a.m.and 5:00 p.m.,
Monday through Saturday.
D.Institutional Waste Customers.Between the hours of3:00 a.m.and 5:00 p.m.,
Monday through Saturday.
The Contracted Collection Company does not warrant collection at any particular hour,other
than to meet the requirements of this paragraph.
Any request by the Contracted Collection Company for a temporary change in the above
required schedules must be made in writing to the City and approved by the City prior to the
requested temporary change.
Where special circumstances or complaints received by the City indicate the necessity or
desirability of an adjustment of collection days or hours,the City shall have the right to make
adjustments to the above written schedule.The Contracted Collection Company shall have the
right to ask for a rate adjustment justified by additional cost caused by such change.
3.Holidays.The Contracted Collection Company may observe the following days as holidays:
New Years Day,Memorial Day,4th of July,Labor Day,Thanksgiving Day and Christmas Day.
Affected customers shall be notified in advance of the alternative day on which MSW shall be
collected.
4.Limitations on Service.
A.Animals.The Contracted Collection Company will not be required to enter private
property to pick up MSW while an animal considered or feared to be vicious is loose.
It is the responsibility ofthe customer to confme or physically restrain such animal on
scheduled collection days.
B.Private Out Buildings.The Contracted Collection Company will not be required to
enter private garages,sheds or buildings to provide services.
C.Left Articles.The Contracted Collection Company assumes no responsibility for
articles left on or near Collection Containers,other than the duty of reasonable care.
5.Missed Collection -Special Collection -Service Credit.
A.Missed Collection.A service credit is required for missed collection if the missed
service is not provided the next business day.
Exhibit A
B.Special Collection.The Contracted Collection Company shall provide special
collection when MSW has not been collected as regularly scheduled.Normal inclement
weather,such as rain,sleet,snow and ice is not justification for missed collection.Special
collection shall not be required if missed collection is caused by circumstances beyond
the control of a collection company,such as acts of God,floods,strikes,riots,or civil
disobedience,and such other circumstances as the City and the Contracted Collection
Company may agree upon.
C.Service Credit.A service credit is not required for missed collection due to
limitations on service as provided in paragraph 4.08(4).
6.Residential Service Suspension.A residential service customer may suspend service and
collection charges during vacations,not to exceed 60 days,by providing notice to a collection
company at least 24 hours prior to the next scheduled collection.Residential service may only
be suspended prospectively.
4.09 WASTE REDUCTION AND RECYCLING
1.Collection,Disposal and Recycling Developments and Innovations.The Contracted
Collection Company shall keep informed of developments and innovations in collection,disposal
and recycling ofMSW.The Contracted Collection Company shall advise the City regarding
such developments and innovations,and shall cooperate to implement improvements.
2.Planning Assistance.The Contracted Collection Company shall,upon request and without
cost,make available technical,engineering and planning assistance to the City for design,
planning and location of on-site solid waste handling facilities serving new construction or major
remodeling projects.
3.Public Outreach Program.The Contracted Collection Company shall,with the assistance
of the City,develop and implement a public outreach program for the City.The Contracted
Collection Company shall provide to each new applicant for service,and at least once a year to
all current customers,a list,brochure,newsletter or similar document that describes:
•All service levels and service options (add-ons)available to the customer;
•All service levels and service options (add-ons)rates;
•Methods and programs available to recycle and reduce solid waste;and
•Available local commercial recycling programs.
4.Waste Reduction and Recycling Education Program.The Contracted Collection
Company shall,with the assistance of the City,develop and implement an annual waste
reduction and recycling education and promotion program for the citizens of East Wenatchee.
5.Special Collections.The Contracted Collection Company shall collect all MSW from all the
City's municipal buildings and facilities used exclusively for governmental purposes,from all
public street waste receptacles,from all parks,and from all agreed upon municipal festivals or
special events,without charge to the City.
Exhibit A
6.Residential Sharps Disposal Program.The Contracted Collection Company shall provide
the City with a secure and lockable residential sharps container.The residential sharps container
shall be all metal,painted red and properly labeled.All residential sharps collected by the City
under its residential sharps collection program shall be disposed of into the Contracted
Collection Company provided residential sharps container.The residential sharps container shall
be adequately maintained and emptied regularly by the Contracted Collection Company.All
collected residential sharps are to be properly disposed of at the Greater Wenatchee Regional
Landfill and Recycling Facility.
7.Community Recycling Program.The Contracted Collection Company shall implement a
Community Recycling Program.The Community Recycling Program shall consist of a
minimum ofthree (3)Community Recycling Stations.Each Community Recycling Station shall
consist of one (1)thirty (30)cubic yard recycling container.Each Community Recycling Station
shall be clearly marked and each Designated Recyclable to be collected clearly indicated.Each
Community Recycling Station shall be adequately maintained and emptied regularly by the
Contracted Collection Company.
8.Residential Curbside Recycling Program.The Contracted Collection Company shall
implement a mandatory residential Single-Source Recycling curbside program.The mandatory
residential Single-Source Recycling curbside program shall include,at a minimum,bi-weekly
collection of Designated Recyclables,in Contractor Collection Company provided
Recycling Collection Containers.Provision of this service by the Contracted Collection
Company shall be at no additional cost to the Residential customer.
9.Residential Yard Debris Collection Program.The Contracted Collection Company shall
implement a voluntary residential yard debris curbside collection program.The voluntary
residential yard debris curbside collection program shall include,at a minimum,bi-weekly
collection of yard debris,in Contracted Collection Company provided Yard Waste
Collection containers.Provision of this service by the Contracted Collection Company shall be
as an add-on service option requiring an additional service charge to the Residential customer.
10.Commercial Recycling Program.The Contracted Collection Company shall implement a
voluntary commercial recycling program.The voluntary commercial recycling program shall
include,at a minimum,weekly collect of corrugated cardboard,in Contracted Collection
Company provided Detachable Containers.Provision ofthis service by the Contracted Collection
Company shall be as an add-on service option requiring an additional service charge to the
Non-Residential customer.
11.Waste Reduction and Recycling Program Costs.The implementation of the waste
reduction and recycling program set forth in Part 4.09(1-10)shall be at no cost to the City.All
costs associated with the implementation,maintenance and servicing of the waste reduction and
recycling programs shall be the responsibility of the Contracted Collection Company and shall
be included in the collection company's rate structure.
Exhibit A
12.Marketing Recyclables.The Contracted Collection Company shall,where at all possible,
develop agreements to sell the Designated Recyclables collected pursuant to the waste reduction
and recycling programs at a fair and market-driven price.The Contracted Collection Company
is discouraged from entering into long-term supply contracts for Designated Recyclables with
out-of-area purchasers,iflocal purchasers are available and local prices are fair and market-
driven.
13.Waste Reduction and Recycling Revenues.All revenues generated by the sale of
Designated Recyclables collected pursuant to the waste reduction and recycling programs set
forth in Part 4.09 shall be paid by the Contracted Collection Company to the City.
4.10 INSPECTIONS AND REPORTING
1.Load Inspections.The City shall have the right to conduct periodic,random inspections of
Collection Vehicles and contents to identify MSW being collected,transported and disposed of
by its residential,commercial,industrial and institutional customers.
2.Right of Inspection.The Contracted Collection Company shall maintain full and complete
records and accounts of all the customers and charges.The City shall have access to all records
and accounts applicable to the provision of service to its citizens and businesses and may
examine and copy all such records and accounts at a reasonable time and place.The Contracted
Collection Company agrees to furnish to the City,upon request,copies of all reports made to the
Washington State Department of Revenue.
3.Data Collection and Evaluation Program.The City shall implement a data collection and
evaluation program to track,monitor and report on the effectiveness ofthe waste reduction and
recycling program as required within the adopted Douglas County Comprehensive Solid Waste
Management Plan.The Contracted Collection Company shall furnish such information as may
be requested by the City.
Exhibit A
4.Annual Reporting.The Contracted Collection Company shall provide to the City an annual
report April 1 of each year,reporting totals,in pounds,for the following Solid Waste collected
during the preceding calendar year:
III Residential Waste collected in pounds;
•Commercial Waste collected in pounds (by material type);
•Industrial Waste collected in pounds (by material type);
•Institutional Waste collected in pounds (by material type);
•Construction &Demolition waste collected in pounds;
III Organic waste &yard debris collected in pounds;
III Sewage sludge collected in pounds;
III Asbestos waste collected in pounds;
III Petroleum contaminated soils collected in pounds;
III Other contaminated soils collected in pounds;
III Treated biomedical waste collected in pounds;
•Special wastes collected in pounds;and
•Designated Recyclables collected in pounds (by commodity).
Additionally,each annual report shall include the following information:
"Name of the Contracted Collection Company;
•Address of the Contracted Collection Company;
III Business phone number of the Contracted Collection Company;
•WUTC certificate of public convenience and necessity number;
"Number of residential customers served;
•Number of commercial customers served;
•Number of industrial customers served;
"Number of institutional customers served;and
"Number of complaints received.
4.11 FEES AND COSTS
1.Disabled,Elderly and Low Income Service Assistance.The Contracted Collection
Company shall provide residential service at a Reduced Rate to qualified disabled residents,to
qualified elderly residents and to qualified low income residents.
2.Disposal Fee Increases.If Federal,State or Local laws or regulations require a change in
operation at the Greater Wenatchee Regional Landfill and Recycling Facility or a permitted
Intermediate Solid Waste Handling Facility being used by a Contracted Collection Company
which results in an increase in the tipping fee charged to the Contracted Collection Company,
then the Contracted Collection Company,with approval by the City,which may not be
unreasonably withheld,shall be allowed to pass through the increase in tipping fees.
Exhibit A
3.Disposal Fee Reductions.If the Contracted Collection Company receives a reduction in the
tipping fee being charged at the Greater Wenatchee Regional Landfill and Recycling Facility or a
permitted Intermediate Solid Waste handling Facility,then the Contracted Collection Company
agrees to decrease the then existing rates and charges to reflect such reduction,net of any
additional costs incurred as a result ofthe reduction.
4.Allowable Implementation Costs.The Contracted Collection Company may pass through
any reasonable and necessary allowable implementation costs to the City that is incurred by the
Contracted Collection Company in order to comply with these East Wenatchee Minimum Service
Levels.Allowable implementation costs include:
•Administration costs to monitor,to the best of the Contract Collection Company's ability,
volume of Solid Waste,by type and source,being collected;
•Administration,production and mailing costs for implementing the mutually agreed upon
coordinated Public Outreach Program;
•Administration,production and supply costs for implementing the mutually agreed upon
coordinated Waste Reduction and Recycling Education Program;
•Administration costs to monitor,to the best of the Contracted Collection Company's
ability,which Designated Recyclables are being collected,what volumes are being
collected,the type of customers (Residential versus Non-Residential)using the service,
and the final market of the Designated Recyclables collected;
• A separate replacement delivery service fee equal to or less than the replacement cost of
the recycling collection containers.This replacement delivery service fee shall not apply
to the first-time delivery of the recycling collection containers;
•Administration costs for setting up a tracking,reporting and payment system to the City
of East Wenatchee for the revenues owed the City for the Designated Recyclables
collected,recycled and sold;
•Administrative costs for setting up an information and data collection system to be able to
provide an annual report to the City.
Exhibit A