HomeMy WebLinkAboutOrdinances - 2021-31 - Approving a solid waste services agreement granting Waste Management of Washington Inc a franchise for exclusive collection, disposal, recycling and other services for solid waste, 10 year agreement - 12/7/2021City of East Wenatchee Ordinance 2021-31 with Exhibit A
Page 1 of 4 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
City of East Wenatchee, Washington
Ordinance No. 2021-31
An Ordinance of the City of East Wenatchee approving a solid waste services agreement granting Waste Management of Washington, Inc. a franchise for exclusive collection, disposal, recycling, and other services for
solid waste within the corporate limits of the City of East Wenatchee,
repealing and replacing Ordinance 2021-27.
Una Ordenanza de la Ciudad de East Wenatchee que aprueba un acuerdo
de servicios de residuos sólidos que otorga a Waste Management of
Washington, Inc. una franquicia para la recolección, eliminación, reciclaje y
otros servicios exclusivos de residuos sólidos dentro de los límites
corporativos de la Ciudad de East Wenatchee.
1. Alternate format.
1.1. Para leer este documento en un formato alternativo (español, Braille,
leer en voz alta, etc.), comuníquese con la secretaria de la Ciudad en
alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711
(TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read
aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov at (509) 884-9515, or at 711
(TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code City duly
incorporated and operating under the laws of the State of
Washington; and
2.2. The City has an existing Solid Waste and Recycling Collection
and Disposal Agreement with Waste Management of Washington,
Inc. (“Waste Management”) that was approved with the passage of
Ordinance 2011-08, the term of which is from January 1, 2012
through December 31, 2021.
2.3. The City Council of East Wenatchee (“City Council”) finds that
it is in the best interests of the City and its citizens to recognize that
Waste Management is a provider of an essential service to the City,
and desires to enter into a contract setting forth the rights,
obligations, and responsibilities of Waste Management and the City.
City of East Wenatchee Ordinance 2021-31 with Exhibit A
Page 2 of 4 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
2.4. The City has negotiated and reached agreement with Waste
Management for a franchise granting Waste Management the
exclusive right during the term of the agreement for collection,
disposal, recycling, and other services regarding solid waste with the
corporate limits of the City of East Wenatchee.
2.5. The City Council has reviewed the proposed agreement and
finds the contract to be in the best interests of the City.
3. Authority.
3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to
adopt ordinances of all kinds to regulate its municipal affairs and
appropriate to the good government of the City.
3.2. In conformance with RCW 35.21.120, the City has enacted an
ordinance codified in the City’s Municipal Code which created a
system for the orderly collection and disposal of solid waste within
the City.
3.3. EWMC 8.04.040 authorizes the City Council to contract with a
responsible person, properly qualified and equipped therefor, to
collect, remove and dispose of all solid waste in the city.
4. Purpose. The purpose of this ordinance is to enter into and hereby
authorize the Mayor of the City of East Wenatchee to execute a solid waste
services agreement with Waste Management.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN
AS FOLLOWS:
5. Agreement. The Mayor is authorized to sign the Solid Waste Service
Agreement granting Waste Management a franchise for the exclusive right,
during the term of the Agreement, to collect and haul for hire over the
streets and alleys of the City of East Wenatchee and provide for the
disposal, recycling, and other services regarding sold waste, in the form
attached as Exhibit A.
6. Term. The commencement date for the Agreement is January 1, 2022 and
terminating on December 31, 2031.
7. Corrections. Upon approval by the City Attorney, the City Clerk and the
code reviser may correct this Ordinance if it contains a clerical error; an
incorrect reference to other local, state or federal laws, codes, rules or
regulations; or an error in ordinance numbering, section number, or
subsection numbering.
Page 1 of 32
East Wenatchee 2022 Solid Waste Services Agreement
EXHIBIT A
SOLID WASTE
SERVICES AGREEMENT
This SOLID WASTE SERVICES AGREEMENT (this “Agreement”) is made and entered into
by and between WASTE MANAGEMENT OF WASHINGTON, INC., a Delaware corporation
(“Contractor”) and the CITY OF EAST WENATCHEE, a municipal corporation created under the
laws of the State of Washington (the “City”). The parties shall be collectively referred to herein as the
“Parties” and individually as a “Party,” unless specifically identified otherwise. This Agreement shall be
effective upon the last date that all Parties have executed this Agreement (the “Effective Date”), as
evidenced by the signatures below.
RECITALS
WHEREAS the City desires to provide a solid waste and recycling collection and disposal
program for its residential and non-residential solid waste generators;
WHEREAS the City has negotiated with Contractor for collection, disposal, recycling, and other
services regarding solid waste;
WHEREAS solid waste collection service is a fundamental municipal function, with uniform,
managed collection necessary for the preservation of public health;
WHEREAS Contractor represents that it has the experience, resources, and expertise necessary
to perform solid waste collection services;
WHEREAS pursuant to RCW 35.21.120, the City has enacted ordinances codified in the City’s
Municipal Code which created a system for the orderly collection and disposal of solid waste within the
City of East Wenatchee;
WHEREAS the City agrees to adopt such modifications to its solid waste ordinances as to enable
Contractor’s performance of this Agreement;
WHEREAS the City and Contractor have negotiated and reached agreement for a franchise
granting Contractor the exclusive right during the term of this Agreement to provide collection, disposal,
recycling and other services regarding solid waste within the corporate limits of the City of East
Wenatchee; and
WHEREAS the City council finds that by entering into this Agreement with Contractor, the
residents of the City will receive a greater variety of solid waste collection services.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained
herein, the receipt and sufficiency of which are hereby acknowledged, Contractor and the City agree as
follows:
1 AGREEMENT; DEFINITIONS; TERM
1.1 Agreement
The City hereby grants Contractor the exclusive right to perform the Collection Services (as
defined below) in the Service Area (as defined below), including all work incidental thereto, upon the
terms and conditions contained in this Agreement, to the extent permitted by Applicable Law (as defined
below).
Page 2 of 32
East Wenatchee 2022 Solid Waste Services Agreement
1.2 Definitions
For the purposes of this Agreement the following terms shall have the following meanings:
“Applicable Law” means any law, regulation, requirement, or order of any Federal, State, or local agency,
court or other domestic or foreign governmental body, or interpretation thereof by any court or
administrative agency of competent jurisdiction, and requirements of all permits, licenses, and
governmental approvals applicable to performance under this Agreement.
“Bulky Waste” means items of Garbage of a size and/or shape that precludes collection in regular
Containers, and which are considered usual household items, including large appliances (such as stoves,
dishwashers, clothes washing machines, dryers or water heaters), furniture (such as chairs or sofas),
televisions, mattresses, and other similar large items placed at the Curb as discrete separate items. Bulky
Waste does not include refrigerators, freezers, piles of debris, car parts, tires, Construction and
Demolition Debris, tree stumps, or any Unacceptable Waste.
“Carry-Out Service” means the servicing of Solid Waste Containers by Contractor that are not placed
Curbside by a Single-Family Premises Customer, but rather, Contractor enters onto the Customer’s
Premises in order to roll-out or carry-out Containers to Contractor’s Collection Vehicle. Carry-Out
Service is provided upon request by Customers, for an additional charge. For Commercial Premises
Customers, such additional charge is calculated based upon the distance from Contractor’s Collection
Vehicle to the Container and is charged pursuant to the Rates (as defined below). Information regarding
Carry-Out Service for Physically Challenged Persons is set forth in Section 3.3.8 of this Agreement.
“Cart” means a Contractor-owned watertight heavy plastic receptacle with a rated capacity of
approximately thirty-five (35), sixty-four (64) or ninety-six (96) gallons, having a hinged, tight-fitting lid
and two (2) wheels.
“Collection Service(s)” means the process by which Solid Waste is removed from Single-Family
Premises and Commercial Premises by Contractor in the Service Area, transported to a transfer, disposal,
or Processing facility, and subsequently disposed of or Processed. Provided, however, that Recyclables
and Yard Debris collection for Commercial Premises Customers is not included in the Collection
Services; however, separate agreements for such services may be negotiated between Contractor and
Commercial Premises Customers.
“Collection Vehicle” means any WUTC (as defined below) approved solid waste collection vehicle
utilized by Contractor in its performance of the Collection Services.
“Commencement Date” means January 1, 2022.
“Commercial Premises” means non-Single-Family Premises and includes Multifamily Complex(es) and
Premises on which business, governmental, religious, or educational activity is conducted; however, a
business conducted upon a Single-Family Premises which is permitted under applicable zoning
regulations, and is not the primary use of the Premises, are excluded.
“Construction and Demolition Debris” means commonly used or discarded materials removed from
construction, remodeling, repair, demolition, or renovation operations on any pavement, Dwelling Unit,
Commercial Premises, or other structure, or from landscaping. Such materials include, but are not limited
to, dirt, sand, rock, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastic pipe,
roofing material, carpeting, concrete, wood, masonry, trees, remnants of new construction materials
(including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials and packaging); but
does not include any Unacceptable Waste.
Page 3 of 32
East Wenatchee 2022 Solid Waste Services Agreement
“Container” means any Cart, or Detachable Container used in the performance of this Agreement.
Containers may also include compactors that are owned or leased by Customers, contingent upon
confirmation of compatibility from Contractor.
“Curb or Curbside” means the area within five (5) feet of a Public Street where Collection Services
occur. If safe access is difficult or if extraordinary circumstances preclude a particular location, Curbside
shall be considered a placement suitable for Customers, convenient for Contractor’s equipment, and
mutually agreed to by Contractor and the Mayor or the Mayor’s designee.
“Customer” means an owner or occupant of a Single-Family Premises or Commercial Premises in the
Service Area who has the legal right to initiate, cancel or make changes to an account with Contractor for
Collection Services.
“Detachable Container” means a watertight metal or plastic Container equipped with a tight-fitting
cover, capable of being mechanically unloaded into a Collection Vehicle, that is at least one (1) cubic
yard and not greater than eight (8) cubic yards and is designed or intended to be mechanically dumped
into a packer type truck.
“Dwelling Unit” means any individual living unit that includes a kitchen, and a room or suite of rooms, and
is designed or occupied as separate living quarters for an individual or group of individuals; but does not
include hotel or motel units.
“Extra Unit(s)” means excess Solid Waste that does not fit in a Customer’s primary Container(s),
excluding Bulky Waste. An Extra Unit of Garbage is 32-gallons and may be contained in either a plastic
bag or Customer-owned can or cart. An Extra Unit of Recyclables is 32-gallons and may be contained in
a cardboard box or container marked “recycling”. An Extra Unit of Yard Debris is 32-gallons and may be
contained in a kraft paper bag or can marked “Yard Debris”. For Garbage Containers that are one (1)
cubic yard or more in rated capacity, an Extra Unit is 96-gallons. Contractor shall charge Customers for
any Extra Units collected, pursuant to the Rates. Any Overage (as defined below) is also included in this
definition of Extra Units and will be charged to Customers accordingly.
“Food Waste” means waste composed of animal, fruit, or vegetable matter, resulting from food
preparation and/or consumption. Food Waste collection and Processing is not currently available in the
Service Area. For the purposes of this Agreement, Food Waste is collected with and in the same manner
as Garbage.
“Garbage” means all putrescible and non-putrescible solid, semi-solid, and liquid wastes including, but
not limited to Food Waste, rubbish, cold bagged ashes, industrial wastes, swill, Construction and
Demolition Debris, small dead animals completely wrapped in plastic and weighing less than 15 pounds,
and discarded commodities that are placed by Customers in appropriate Containers, bags, cans or Carts
for collection and disposal by Contractor. Needles or “sharps” may be included in the definition of
Garbage to the extent these items may be disposed of in accordance with Applicable Law. Garbage does
not include any Recyclables, Yard Debris or Unacceptable Waste.
“Hazardous Waste” means any/all wastes that are defined as hazardous wastes under Applicable Law,
including the federal Resource Conservation & Recovery Act, 42 U.S.C. §§ 6901 et seq., and comparable
state law.
“Material Change(s)” means a change in the business, operations or capital of Contractor that would
reasonably be expected to have a significant effect on the market price or value of any of the services
provided by Contractor pursuant to this Agreement, as the same may be amended.
Page 4 of 32
East Wenatchee 2022 Solid Waste Services Agreement
“Multifamily Complex(es)” means multiple unit Premises having five (5) or more attached or unattached
Dwelling Units that are billed collectively for Collection Services.
“On-Call” means the provision of specified services by Contractor, subsequent to a direct request from a
Customer to Contractor by telephone, in writing, or by e-mail, such services to be charged to Customers
pursuant to the Rates.
“Overage” means (i) any Solid Waste that exceeds a Container’s intended capacity, such that the lid is
lifted by at least 6” (or would be lifted by at least 6” if there was a lid), or (ii) any Solid Waste placed on
top of or in the immediate vicinity of a Customer’s Solid Waste Container(s).
“Premises” means any parcel of real property in the Service Area where Solid Waste is generated, deposited,
accumulated, or otherwise coming to exist.
“Process” “Processed” or “Processing” mean an operation or series of operations, whether involving
equipment, manual labor, or mechanical or biological processes, that sorts, enhances, upgrades,
concentrates, decontaminates, packages or otherwise prepares Recyclables, Yard Debris, or other solid
waste, and returns marketable elements thereof to the economic mainstream in the form of raw material
for new, reused or reconstituted products. Processing begins at the time that Recyclables, Yard Debris, or
other solid waste is delivered to a Processing facility and ends when the finished Processed materials are
sold or reused, and the residue is properly disposed.
“Public Street” means a public right of way used for public travel, including public alleys, in the Service
Area.
“Rates” means the costs to be charged to, and paid by, Customers to Contractor for the Collection
Services and other services that Contractor may provide to Customers, pursuant to the Rate Schedule set
forth in Exhibit A, attached to this Agreement and incorporated herein, as may be adjusted pursuant to the
terms of this Agreement.
“Recyclables” means the materials specified in Exhibit B of this Agreement.
“Roll-Off” and “Drop Box Container(s)” means all-metal Containers having ten (10) cubic yards or
greater rated capacity that are loaded onto specialized Collection Vehicles. Roll-Off Containers may also
include compactors that are owned or leased by a Customer, however, use of such compactors is
contingent upon confirmation of compatibility from Contractor.
“Service Area” means (i) the entire area included within the City limits as of the Commencement Date of
this Agreement; and (ii) any such additional area as may thereafter become included within such City limits
from time to time due to annexation, incorporation or other means, but only from and after the time that
Contractor is lawfully permitted to provide Collection Services to such additional area(s).
“Single-Family Premises” means Premises in the Service Area with a Dwelling Unit(s), including
duplexes, triplexes, fourplexes and mobile homes, that are billed for Collection Services individually and
are located on a Public Street or private road.
“Solid Waste” means any Garbage, Recyclables, Yard Debris and/or Bulky Waste that is generated,
deposited, accumulated, or otherwise coming to exist in the Service Area, and as defined under RCW
70.95.030., as it now exists or as hereafter amended, but does not include any Unacceptable Waste, and
except for the purpose of this Agreement, does not include Recyclables.
Page 5 of 32
East Wenatchee 2022 Solid Waste Services Agreement
“Unacceptable Waste” means any waste tires, radioactive, volatile, corrosive, flammable, explosive,
biomedical, infectious, bio-hazardous, regulated medical or Hazardous Waste, toxic substance or material,
in accordance with any Applicable Law, any materials containing information protected by Applicable
Law (unless tendered to Contractor pursuant to a separate agreement), or any material the acceptance or
handling of which would cause a violation of Applicable Law, damage to Contractor’s equipment or
facilities, or present a substantial endangerment to public health or safety, or to Contractor’s employees.
Title to and liability for Unacceptable Waste shall remain with the generator at all times.
“WUTC” means the Washington Utilities and Transportation Commission, which regulates the collection
of Solid Waste in the unincorporated areas of Douglas County.
“Yard Debris” means any vegetative matter resulting from normal yard and landscaping maintenance
that is not more than three feet (3’) in its longest dimension or four inches (4”) in diameter and fits in a
Yard Debris Cart. Yard Debris includes, but is not limited to, plant debris such as grass clippings, leaves,
prunings, weeds, branches, brush, unflocked and undecorated Christmas trees, and other forms of
vegetative waste, but does not include any Food Waste, stumps, rocks or sod.
1.3 Term
1.3.1 The initial term of this Agreement is for a period of ten (10) years, beginning on the
Commencement Date and ending on December 31, 2031 (the “Initial Term”).
1.3.2 Unless either Party gives written notice to the other Party of its intention not to renew at least one-
hundred eighty (180) days before the expiration of the Initial Term, this Agreement shall be
extended for an additional five (5) years (the “Extended Term”).
1.3.3 Unless either Party gives written notice to the other Party of its intention not to renew at least one-
hundred eighty (180) days before the expiration of the Extended Term, this Agreement shall be
extended for an additional five (5) years (the “Final Term”).
Neither Party is obligated to extend the length of this Agreement beyond the Initial Term.
2 GENERAL SYSTEM REQUIREMENTS
2.1 City Supervision
Contractor shall direct all contact with the City through the Mayor or the Mayor’s designee.
2.2 General
Contractor shall perform the Collection Services in accordance with the provisions of this
Agreement and Applicable Law. The collection of Hazardous Waste is not included within the scope of
this Agreement and Contractor is not obligated to collect any Hazardous Waste. Customers are
responsible for any Unacceptable Waste (which includes Hazardous Waste) placed in collection
Containers, even if such materials are inadvertently collected by Contractor, and to the extent such
Customers can be identified, Contractor may seek to impose any and all costs and expenses associated
with managing any such Unacceptable Waste upon any such Customers. However, nothing herein is
intended to prevent Contractor from collecting, transporting and/or disposing of Hazardous Waste in
accordance with Applicable Law, so long as such actions are performed separate and apart from any
action taken in Contractor’s performance of this Agreement.
2.3 Mandatory Service
The City shall require all Single-Family Premises and Commercial Premises within the Service
Area to subscribe and pay for Collection Services by Contractor, pursuant to the terms of this Agreement.
All Single-Family Premises Customers shall establish individual accounts for Collection Services. Two
Page 6 of 32
East Wenatchee 2022 Solid Waste Services Agreement
(2) or more Single-Family Premises shall not be permitted to share Collection Services under a single
account.
2.4 Collection Schedule
Except as otherwise provided in this Agreement (e.g., Sections 2.16 and 2.17), collection from
Single-Family Premises shall occur between the hours of 6:00 AM and 6:00 PM, Monday through Friday.
Collection from Commercial Premises shall occur between the hours of 3:00 AM and 6:00 PM, Monday
through Saturday (where special circumstances or complaints received by the City indicate the necessity
or desirability of an adjustment to the collection schedule, the City may request such an adjustment by
written request to Contractor). If Contractor’s hours of operation create a complaint problem, Contractor
and the City will determine a solution that may result in modification of the collection schedule and
adjustment of the Rates. Contractor shall provide fourteen (14) days written notice to the Mayor or the
Mayor’s designee of any change to Contractor’s regular collection schedule.
2.5 Company Name
Contractor shall not use a firm name containing any words implying municipal ownership or that
includes the name of the City.
2.6 Contractor’s Offices
Contractor shall maintain a local access telephone number and a toll-free number, staffed at a
level sufficient to address any Customer requests and/or any Customer complaints. Staff shall be on duty
between the hours of 8:00 a.m. and 5:00 p.m. PST, Monday through Friday, except holidays. In addition,
Contractor shall maintain a website containing local service information for Customer use 24-hours per
day, 7 days per week. Contractor shall provide City staff with a telephone number for administrative and
emergency purposes, available twenty-four (24) hours a day, at which City staff can contact local
Contractor staff.
2.7 Contractor to Investigate
Contractor shall conduct its own investigation regarding the proper methods of doing the work
and all conditions affecting the work to be done, including the labor, equipment and materials required
therefore and the quantity of work to be done in order to perform all of its obligations under this
Agreement. Contractor agrees that it is satisfied with its own investigation and research and will make no
claim against the City due to any estimates, statements, or interpretations provided to Contractor by any
officer or agent of the City. This Agreement is for the benefit of the Parties and is not intended to inure to
the benefit of any third party.
2.8 Contractors’ Employees
2.8.1 Skilled. All workers employed by Contractor shall be competent and skilled in the
performance of the work which may be assigned to them. All collection drivers must
have a current Class A or B CDL license and a current medical card. Failure or delay in
the performance of this Agreement due to Contractor’s inability to obtain workers of the
number and scope required, shall constitute a default under this Agreement. All customer
service representatives shall be fully knowledgeable of all Collection Services available
to Customers and shall be trained on the proper phonetics of city names and surrounding
communities. Customer service training and support information specific to the City will
be provided to City staff upon request.
2.8.2 Courteous. Contractors’ employees shall always be courteous and not use loud or
profane language and shall do their work as quietly as is reasonable.
2.8.3 Not to Trespass. Contractors’ employees shall not trespass or loiter, cross any Premises
to reach an adjoining Premises, or meddle with any property that is not related to
Page 7 of 32
East Wenatchee 2022 Solid Waste Services Agreement
performance of the Collection Services.
2.9 Dangerous Animals
Contractor will not be required to enter any Premises to perform Collection Services while any
animal considered, or feared to be, vicious is loose on any such Premises. In such cases, Contractor shall
contact the Customer by telephone within twenty-four (24) hours to seek resolution. If Contractor is
unable to resolve the issue with the Customer, the City will be notified and will follow the process
described in Section 7.4 of this Agreement.
2.10 Non-Discrimination
Contractor will not discriminate against any employee or applicant for employment due to age,
race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national
origin, or the presence of any disability, unless based on a bona fide occupational qualification.
Contractor will take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their age, race, religion, creed, color, sex, marital status,
sexual orientation, political ideology, ancestry, national origin, or the presence of any disability. Such
action shall include but shall not be limited to the following actions: promotion; demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and, selection for training, including apprenticeships. Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, any required notices setting forth the details of
this non-discrimination provision. Contractor understands and agrees that a violation of this non-
discrimination provision shall constitute a breach of this Agreement, and that such breach, if uncured,
shall result in Contractor being barred from performing any services for the City, including the Collection
Services, now or in the future, unless a showing is made by Contractor to the City’s satisfaction that any
discriminatory practices have terminated, and that recurrence of such actions is unlikely.
2.11 Notices
All notices required or contemplated by this Agreement shall be in writing and personally
delivered or sent by certified mail, postage prepaid, return receipt requested, or overnight delivery by a
nationally recognized courier/delivery service, addressed to the Parties as follows, as may be amended by
the Parties from time to time:
The City: Attn: Mayor
City of East Wenatchee
271 9th St NE
East Wenatchee, WA 98802
Contractor: Area Director, Public Sector Solutions
Waste Management of Washington, Inc.
720 4th Avenue, Suite 400
Kirkland, WA 98033
Copy to:
Area Senior Legal Counsel
Waste Management of Washington, Inc.
720 4th Ave, Suite 400
Kirkland, WA 98033
Any notice sent by mail in the manner set forth above shall be deemed given and received three
(3) business days after the date deposited in the United States mail. Any notice or communication given
by personal delivery or sent by overnight courier/delivery service in the manner set forth in this Section,
shall be deemed given upon receipt.
Page 8 of 32
East Wenatchee 2022 Solid Waste Services Agreement
2.12 Permits and Licenses
Contractor shall obtain and pay for any business license or other fee required by the City or any
other governmental authority which may be required in its performance of this Agreement.
2.13 Public Utilities
Contractor shall be obligated to protect all public and private utilities whether occupying public
or private property. If any such utilities are damaged due to Contractor’s performance of its obligations
under this Agreement, Contractor shall repair or replace the same.
2.14 Loading; Clean-Up of Spills
All vehicles used in the performance of this Agreement shall be required to carry regularly
maintained and fully functional spill kits. At a minimum, spill kits shall include absorbent pads or
granules, containment booms, storm drain covers, sweepers and other similar materials sufficient to
contain, control, and, for minor events, appropriately clean-up any spillage or release of wind-blown
materials, litter, or leaks of Contractor vehicle fluids or leachate. Contractor shall notify the City via e-
mail within two (2) hours of its knowledge of any major spill or any spill that leaves a noticeable stain on
City streets or private property. Spill kits shall also include employee spill containment instructions and
procedures as well as a regularly updated list of emergency contacts. Contractor shall develop spill
response procedures for review and approval by the City before initiating any work under this Agreement
unless City-approved procedures are already in place prior to the Commencement Date of this
Agreement.
Reasonable care shall be taken in the loading and transporting of Solid Waste and other wastes so
that the materials collected are not left either on private property or on Public Streets. Any Solid Waste or
other wastes spilled and/or tracked onto and left on private property or on Public Streets by Contractor
shall be cleaned-up by Contractor. If Contractor fails to clean-up any spill within twenty-four (24) hours
(or one (1) business day) after receipt of notification from the Mayor or the Mayor’s designee or a
Customer, the Mayor or the Mayor’s designee may cause the work to be done and Contractor shall fully
reimburse the City for any such clean-up expenses incurred by the City.
2.15 Missed and Make-Up Collections
If Contractor fails to collect Solid Waste from a Customer that has been properly and timely set
out for a regularly scheduled collection, other than as provided in Sections 2.9, 2.16 or 2.17, Contractor
shall provide a special make-up collection within twenty-four (24) hours (or one (1) business day) of
receipt of notification by the City or Customer. This Section applies to omitted collections from Single-
Family Premises, a row of Premises, or an entire collection route. If Contractor fails to make-up a missed
collection within twenty-four (24) hours (or one (1) business day) after receipt of notification from the
Mayor or the Mayor’s designee or a Customer, the Mayor or the Mayor’s designee may cause the work to
be done and Contractor shall fully reimburse the City for any such collection expenses incurred by the
City.
2.16 Inclement Weather and/or Road Conditions
If weather conditions are such that continued Collection Services would result in danger to
Contractors’ employees, residents of the City, or property, or if road conditions such as flooding or
weight restrictions affect road use, Contractor shall perform the Collection Services only in areas that do
not pose any such dangers or are not subject to any such road use restrictions. Contractor shall notify the
City on the same business day of any areas not serviced. Contractor may make automated notification
calls or use alternate means of communication to Customers affected by a missed collection due to
inclement weather. Contractor shall maintain up to date service notifications on Contractor’s website,
specific to the City. Contractor shall provide Collection Services to Customers that experienced service
interruptions on the Customer’s next scheduled service day. Customers will not be charged for Extra
Units on the next regular collection day so long as any such Extra Units do not exceed double the
Customer’s normal service.
Page 9 of 32
East Wenatchee 2022 Solid Waste Services Agreement
2.17 Holiday Schedules
Contractor may observe New Year’s Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day, and Christmas Day as holidays. Contractor currently observes New Year’s Day,
Thanksgiving Day, and Christmas Day. When a regular collection day is a holiday, Contractor may
reschedule services to the next day, e.g., Monday to Tuesday, Tuesday to Wednesday, Wednesday to
Thursday, Thursday to Friday and Friday to Saturday. Contractor may not collect Solid Waste from
Single-Family Premises earlier than the regular collection day due to a holiday. Collection from
Commercial Premises may occur one (1) day early with the Customer’s consent.
2.18 Disruption Due to Construction
The City reserves the right to construct any improvement or to permit any such construction in
any street or alley in such a manner as the City may direct, which may have the effect for a time of
preventing Contractor from traveling its usual collection route or routes. However, Contractor and the
City shall develop a reasonable workaround to enable Contractor to continue to collect Garbage,
Recyclables, and Yard Debris to the nearest extent possible as though no interference existed upon the
streets or alley’s normally traversed. This shall be done at no extra cost to the City or to Customers.
2.19 Contractor’s Equipment
Contractor shall possess or demonstrate, to the City’s reasonable satisfaction, that Contractor has
adequate equipment and vehicles available, including reserve or replacement vehicles and equipment in
the event of equipment failure, sufficient to perform the services required of Contractor under this
Agreement. Contractor shall maintain all vehicles and equipment used in such performance in good
mechanical condition. All truck bodies used by Contractor shall be constructed of metal and shall be
watertight and leak proof. Each vehicle used by Contractor shall always carry a broom and shovel or other
items appropriate for use in the prompt clean-up of any spilled materials. All vehicles used by Contractor
shall have adequate coverage to prevent spillage of any collected materials, at all times. In addition,
Contractor shall make available for rental Containers that meet all applicable safety requirements.
2.20 Painting and Cleaning of Collection Vehicles
Collection Vehicles shall be painted with Contractor's business name and the number of the
vehicle, painted in letters and numbers of a contrasting color, at least four inches (4”) high on both sides
of the vehicles. No advertising shall be permitted other than Contractor’s business name. All vehicles
shall be kept in a clean and sanitary condition.
2.21 Containers
Contractor shall retain ownership of any Containers provided to Customers in performance of the
Collection Services. Cart deliveries related to exchanges, replacements or cleanings shall be charged to
Customers pursuant to the Rates. Contractor-provided Carts for Recyclables shall be blue or have blue
lids, Yard Debris Carts shall be green or have green lids, and Carts for Garbage shall be grey or have
grey/black lids.
Collection crews shall note damaged hinges, holes, poorly functioning wheels, and other similar
repair needs on Contractor-owned carts (including those for Garbage, Recyclables and Yard Debris) and
forward repair notices to Contractor’s service personnel for replacement or repair. Any Cart that is
damaged or missing on account of accident, act of nature or elements, fire, or theft or vandalism by other
members of the public shall be replaced at Contractor’s expense after notice from the Customer or the
City.
In the event that a particular Customer repeatedly damages a Cart due to negligence or intentional
misuse, the Customer may be charged for the repair or replacement cost of such damaged Cart.
Page 10 of 32
East Wenatchee 2022 Solid Waste Services Agreement
2.22 Method of Processing and Disposal
Contractor shall deliver all Solid Waste collected under this Agreement to the Greater Wenatchee
Regional Landfill and Spokane Material and Recycling Technology Center (SMaRT), or to a licensed and
permitted facility of Contractor’s choosing should either site be unavailable.
2.23 Annual Clean-Up Program (Free Dumps)
In the first quarter of every year during the term of this Agreement, as the same may be extended,
Contractor will mail two (2) non-transferable and non-replaceable coupons – one (1) for Garbage and one
(1) for Yard Debris to all Single-Family Premises Customers who are in good standing for use at the
South Wenatchee Transfer Station or alternate Contractor-owned facility.
Customers may redeem their Garbage coupon for one standard pick-up load-sized (legal to
transport, 2.5 cubic yards level) disposal of residentially generated non-Hazardous Waste, including
Garbage and furniture items at no charge. Customers may redeem each of their one (1) Yard Debris
coupons for one (1) standard pick-up load-sized (legal to transport, 2.5 cubic yards level) disposal of Yard
Debris at no charge. Contractor will not accept Construction and Demolition Debris, roofing material, or
Solid Waste from Commercial Premises as free disposal materials. Customers will be required to self-
haul their Solid Waste to the transfer station, show proof of their residency within the City of East
Wenatchee, and provide the mailed coupon to the transfer station attendant. The Customer’s identification
must match the name and address printed on their coupon(s).
Clean-up participation and disposal tonnage will be reported to the City on an annual basis. The
City and Contractor agree to evaluate the program each year. If disposal costs exceed $54,000 per year,
Contractor and the City agree to adjust the clean-up program coupon allotment per Customer or adjust the
Rates in order to continue the program. The allotment of $54,000 shall be adjusted in accordance with
Section 4.3 of this Agreement.
Contractor shall note for Customers where to find the days and hours of operation of the disposal
facility on each mailed coupon.
2.24 Service to City Facilities and Street Cans
As partial consideration for this Agreement, Contractor shall provide to the City, free of charge,
collection of Garbage and Recyclables generated from typical office operations to those City-owned
facilities set forth in Exhibit C (“City Facilities”) attached hereto and incorporated herein, which also
lists Container sizes and frequencies of such collection. Such free collection of Garbage and Recyclables
shall not apply to materials that (i) are other than Garbage or Recyclables generated at the City Facilities
through normal operations; and/or (ii) are not generated by the City and/or are collected by third parties
and delivered to a City Facility. Contractor shall also provide in-kind Garbage collection from City-
owned street cans at locations and frequencies as set forth in Exhibit C. All locations must be accessible
to Contractor’s Collection Vehicles.
Any collection of City-generated Construction and Demolition Debris, decant waste, or any other
waste generated outside of traditional office operations, are chargeable services and are not included in
the free service described above. If there are additional City Facilities or services the City desires to
include in Exhibit C after the Commencement Date of this Agreement, the Parties shall confer in good
faith to negotiate an appropriate adjustment of the Rates and/or the Collection Services. Roll-Off
Container services requested by the City, in addition to the Collection Services for City parks and the
cemetery, will be charged according to the then-current Rates.
2.25 City Events
Contractor shall provide Collection Services free of charge for up to five (5) City-designated
events each calendar year during the term of this Agreement, as the same may be extended, with such
Page 11 of 32
East Wenatchee 2022 Solid Waste Services Agreement
Container sizes, quantities and service frequencies as set forth in Exhibit C. The City may request a
change to the list of events at least sixty (60) days prior to the scheduled event. All changes must be
mutually agreed upon by the Parties and equivalent to the amount of service for events in the current list.
Notwithstanding the above, each year the City will provide Contractor with a list of events
intended to be held at City locations to help ensure service is provided as necessary. The City and
Contractor shall jointly review the list annually and as necessary throughout the year. Collection Services
for such events shall be charged pursuant to the Rates.
Contractor 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
Contractor provided residential sharps container. The residential sharps container shall be adequately
maintained and emptied regularly by the Contractor. All collected residential sharps are to be properly
disposed of at the Greater Wenatchee Regional Landfill and Recycling Facility.
2.26 City Beautification – Code Enforcement Assistance Program
In consideration for the work City staff is doing to beautify neighborhoods and to clean-up
unsightly properties, Contractor will accept non-replaceable City code enforcement coupons from
Customers at the South Wenatchee Transfer Station or alternate disposal facility at no charge to
Customers. Contractor will track each code enforcement coupon and charge the code enforcement
account established by the City a flat rate per load, as set forth in Exhibit A attached hereto, per 2.5 level
yards of household Solid Waste. The code enforcement coupons will include a list of acceptable Solid
Waste, as mutually agreed to by Contractor and the City.
Contractor recognizes that, due to changes in the billing process associated with Section 5.2 of
this Agreement, the City may require assistance with the Code Enforcement Program. Accordingly,
Contractor will provide the City with twenty-five (25) code enforcement coupons per year for the first
two (2) years of the Initial Term of this Agreement and ten (10) code enforcement coupons per year
thereafter.
2.27 Minimum Reporting Requirements. Contractor is required to provide reports to the City for the
entire duration of this Agreement.
2.27.1 At a minimum, Contractor shall provide the City with on-line access to ‘monthly reports’ that
include the following information:
(a) A summary of Single-Family Premises Recyclables and Yard Debris tonnage collected and
Processed (not disposed of at a landfill), by Customer category;
(b) A summary of Garbage tonnage, by Customer category; and
(c) A summary of Customers served, by line of business.
2.27.2 Within fifteen (15) days of the last day of each quarter, Contractor shall provide a ‘quarterly report’
to the City containing the following information relating to the previous quarter:
(a) A billing summary that provides the number of Customers billed at each service level (e.g.,
by Container size, extra services for each service sector (e.g., Single-Family Premises,
Commercial Premises, and Roll-Off Container service)); and
(b) A summary of Customer receipts, per service level, and total billings.
2.27.3 Contractor shall provide an ‘annual report’ to the City by the last day of February each year, based
upon data for the previous calendar year, that includes a consolidation of the monthly reports, in
addition to the following information:
Page 12 of 32
East Wenatchee 2022 Solid Waste Services Agreement
(a) A summary of all data collected for the City throughout the year;
(b) Number of coupons used for the annual clean-up program;
(c) A summary of Garbage and Yard Debris tonnage/yards collected from the annual clean-up
program;
(d) Number of Single-Family Premises Customers who subscribe to Yard Debris collection
service; and
(e) A summary of the total tonnage of Garbage, Recyclables, and Yard Debris, by Customer
category.
If Collection Vehicles are used to service more than one Customer sector per route or per load,
Contractor shall develop an apportioning methodology that allows the accurate calculation and reporting
of collection volumes and quantities from the different sectors. The apportioning methodology shall be
subject to the prior review and written approval of the City and shall be periodically verified by
Contractor through field-testing.
The City may request program reports at any time during the calendar year but shall allow
Contractor thirty (30) days to prepare such reports.
3 COLLECTION SERVICES
3.1 Exclusive Area to be Served
The City hereby grants to Contractor and Contractor shall have the exclusive duty, right and
privilege to provide Collection Services, or otherwise handle per the terms of this Agreement, all Solid
Waste (including all Garbage, Recyclables, Yard Debris and Bulky Waste) from all buildings, structures,
places of business, plants, dwellings, stores, office buildings, fire houses, schools, hotels, municipal
buildings, theaters, garages, public markets, restaurants, and other places generated, deposited,
accumulated or coming to exist at Single-Family and Commercial Premises within the Service Area. Any
services that are not specifically provided for in this Agreement, shall be provided pursuant to terms and
pricing established by Contractor.
The above-referenced exclusivity provision shall not apply to (i) Garbage, Recyclables, or Yard
Debris that is self-hauled by the generator; (ii) Source-separated materials hauled by common or private
carriers (including drop-off recycling sites); (iii) Construction and Demolition Debris hauled by self-
haulers or construction or demolition contractors in the normal course of their business; or (iv) Yard
Debris generated and hauled by private landscaping businesses.
The City shall use good faith efforts to protect and enforce the exclusive rights of Contractor
through relevant ordinances and enforcement of such ordinances against third party violators. Contractor
may independently enforce the exclusivity provision of this Agreement against third party violators,
including but not limited to seeking injunctive relief, and the City shall use good faith efforts to cooperate
in such enforcement actions, which may be brought by Contractor.
3.2 Annexation
The City agrees to comply with RCW 35A.14.900 as it relates to annexations and, at the request
of the City, Contractor agrees to provide collection and disposal of municipal solid waste services into the
newly annexed territory should the City exercise its right under RCW 35A.14.900. If additional territory
is added to the City through annexation or other means, and upon termination of any existing franchise
agreement, Contractor shall perform the Collection Services in such annexed area in accordance with the
provisions of this Agreement and pursuant to the Rates set forth at Exhibit A, attached hereto. To the
extent permitted by Applicable Law, Contractor expressly waives and releases its right to claim any
damages or compensation from the City, its officers, agents, or assigns arising out of the cancellation of
any pre-existing permit or franchise held by Contractor prior to annexation, and further specifically
Page 13 of 32
East Wenatchee 2022 Solid Waste Services Agreement
waives the right to receive any additional compensation or any rights of collection in the newly annexed
territory beyond what is provided herein. The provisions of this section shall control over other provisions
of this Agreement covering the Contractor’s rights and obligations to provide services within the Service
Area.
The City shall provide Contractor with at least one hundred and eighty (180) days’ notice of any
pending annexations, so that Contractor has sufficient time to acquire the necessary equipment, make
service adjustments and provide notices to all Premises within the newly annexed area(s).
3.3 Single-Family Premises Collection Services
3.3.1 Garbage.
Garbage Collection Service shall occur weekly for Single-Family Premises and Customers shall
be required to use Contractor-provided Carts as their primary collection Container. Contractor shall
provide each Customer with one (1) 96-gallon, 64-gallon, or 35-gallon Cart (at the option of the
Customer) designated for Garbage, and such Cart shall be grey or have a grey/black lid. Contractor shall
collect any Extra Units left out by Customers for collection and shall charge Customers for any such
Extra Units pursuant to the Rates.
3.3.2 Recyclables.
Recyclables Collection Service shall occur weekly for Single-Family Premises Customers on the
same day as a Customer’s Garbage is collected, and the cost is embedded in the Rates for their Garbage
Collection Service. Customers will not receive a discount for electing not to utilize Recyclables
Collection Service. Contractor shall provide each Customer with one (1) 64-gallon cart designated for
Recyclables. Recyclables that do not fit within the Recyclables Cart shall be subject to Extra Unit
charges, pursuant to the Rates. Contractor shall provide each Single-Family Premises Customer with a
64-gallon blue Cart (or Cart with blue lid) for Recyclables Collection Service. Any such additional
Recyclables may be placed in a cardboard box or container marked “Recycling” and left out for
collection. Additional Recyclables Carts are available upon Customer request, pursuant to the Rates.
3.3.3 Yard Debris.
Yard Debris Collection Service shall occur every-other-week for Single-Family Premises
Customers on the same day as a Customer’s Garbage is collected and shall be billed to Customers
pursuant to the Rates. All Single-Family Premises Customers who subscribe to Yard Debris Collection
Service will be provided with a 96-gallon green Cart (or Cart with green lid). Food Waste may not be
commingled with Yard Debris.
3.3.4 Bulky Waste.
Contractor shall offer on-call Bulky Waste collection for residential Customers and such service
shall be provided pursuant to the Rates. Oversize items collected by Contractor shall be recycled to the
extent possible. Contractor shall maintain a record of the service date, customer charges, and whether the
item was recycled or disposed. This record shall be provided to the City upon request. Contractor's crews
shall perform such collections in an orderly and quiet manner.
3.3.5 Collection Locations.
Contractor shall collect Solid Waste from the Curbside from all Customers that have Cart-based
Collection Services. Provided the City approves, Contractor may elect not to collect materials from
locations identified by Contractor, acting reasonably, that are impractical or unsafe to operate its
Collection Vehicles due to the conditions of Public Streets. Contractor may also elect not to drive onto
private property where driveways or roads do not have adequate turnarounds or there are any other unsafe
conditions present.
Page 14 of 32
East Wenatchee 2022 Solid Waste Services Agreement
3.3.6 Extra Units.
Customers will be charged for any Extra Unit(s) pursuant to the Rates. If Contractor identifies a
Customer who regularly leaves Extra Units outside of their Cart(s), Contractor may provide the Customer
with educational information on Cart size options and Rates. Communications with Customers shall be
determined on a case-by-case basis.
3.3.7 Cart Weights.
Contractor is not required to collect Carts exceeding two pounds per gallon of rated Cart capacity.
Contactor shall not be required to collect Extra Units that exceed 55 pounds. In the event that a Cart or
Extra Unit is not eligible for collection and/or is too heavy to move, Contractor may refuse collection and
tag such Cart and/or Extra Unit with an explanation and requesting the Customer to reduce the weight, as
appropriate.
3.3.8 Carry-Out Service for Physically Challenged Persons
Contractor shall offer Carry-Out Service at Curbside Rates to Customers with disabilities or any
other Single-Family Premises Customers who are physically challenged and therefore not able to move
Containers to the Curbside (“Physically Challenged Persons”). Customers must request such designation
from Contractor, and the Customer’s household cannot have another person living in the Dwelling Unit
who is capable of rolling Containers out to the Curb. In addition, exemptions may be granted in writing
by Contractor to accommodate any other special needs of Customers.
3.3.9 Contamination
Contractor is not obligated to collect contaminated Containers from Customers. For purposes of
this Agreement, a Container is contaminated when, based on physical and/or electronic visual inspection
it is determined that: (i) a Recyclables Container contains non-Recyclables (pursuant to the list of
materials set forth in Exhibit B), (ii) a Yard Debris Container contains material other than Yard Debris,
and/or (iii) any Container contains any Unacceptable Waste.
If Contractor elects not to collect a contaminated Container, Contractor shall notify the Customer
explaining why. Such notice may be provided by Container tag, email, or other method of
communication.
If Contractor services a Container, and subsequently discovers contamination in the truck hopper
at that stop, Contractor may charge the Customer a contamination charge, pursuant to the Rates. Such
contamination charge may be included on the Customer’s regular invoice or billed separately.
3.4 Commercial Premises Collection Services
3.4.1 Garbage.
Contractor shall collect Garbage from Commercial Premises at least weekly, in Contractor-
provided Containers, at frequencies and service levels agreed upon by Contractor and the Customer, and
Customers shall be charged for such services pursuant to the Rates. Contractor shall charge a minimum
monthly rate to Customers utilizing Drop Boxes. Commercial Premises Customers may utilize their own
Container, provided that any such Customer-provided Container may be safely and effectively handled by
Contractors’ employees and Collection Vehicles.
3.4.2 Recyclables.
Recyclables collection for Commercial Premises Customers is not contemplated within this
Agreement but may be separately negotiated between Contractor and Commercial Premises Customers.
3.4.3 Collection Locations.
Contractor shall collect Solid Waste from Commercial Premises (that do not have Cart-based
services) at a location mutually agreed upon by Contractor and Customers, that have the least slope and
Page 15 of 32
East Wenatchee 2022 Solid Waste Services Agreement
the best access possible for Contractor’s Collection Vehicles, and which allows Contractor’s employees to
access Containers safely and easily.
3.4.4 Overage.
Contractor is not obligated to collect Overage, unless caused by Contractor’s spillage of non-
overloaded Containers during collection.
If Contractor does elect to collect Overage, Contractor may charge Customers for any such
Overage(s), pursuant to the Rates; provided however, Contractor must have photographic evidence of any
such Overage(s) (which shall be provided to Customers upon request).
If any Commercial Premises Customer has had more than three (3) instances of Overage in any
twelve (12)-month period for a particular service, and Contractor has photographic evidence of each
instance, Contractor may increase such Customer’s service level (i.e., deliver a larger Container or
provide more frequent service), in order to mitigate such frequent Overages, and Contractor shall adjust
the Customer’s bill to reflect the increased service level, pursuant to the Rates.
3.5 Temporary Garbage Collection Service
For temporary Garbage Collection Service requested by Customers, Contractor shall rent 1-, 1.5-,
2-, 4-, 6- and 8- cubic yard Detachable Containers for a duration of 90 days or less to Single-Family
Premises or Commercial Premises Customers, as requested. The charge for temporary Garbage Collection
Service shall include Container delivery, collection and disposal, and will be billed directly to Customers
by Contractor, pursuant to the Rates. Container rental fees will be charged in addition to the cost for
temporary Garbage Collection Service, pursuant to the Rates. The City will refer all requests for
temporary Garbage Collection Service to Contractor for set-up, service scheduling and billing.
4 COMPENSATION
4.1 City Franchise Fee
As consideration for the exclusivity granted to Contractor herein and in order to compensate the
City for such exclusive right granted during the term of this Agreement to collect and haul for hire over
the Public Streets of the Service Area all Solid Waste collected from Customers located within the
Service Area, and to compensate the City for the administrative cost associated with this Agreement,
Contractor shall pay the City, on or before the last day of each month, 3% of Contractor’s Adjusted Gross
Revenues collected from Customers during the preceding month. The term “Adjusted Gross Revenues”
means any and all revenue or compensation collected by Contractor from Customers, pursuant to this
Agreement, net of City Franchise Fees. For the purposes of this Agreement, the term Adjusted Gross
Revenues shall not include any a) revenues generated from non-exclusive services performed by
Contractor; b) City or other state, federal, or local taxes or surcharges; c) Customer late fees, returned
check charges, interest, reactivation charges, or similar charges related to Customer delinquencies; or d)
revenues generated from the sale of Recyclables or any recycling rebates received.
4.2 Rates
Contractor shall be responsible for billing and collecting payments from Customers. For calendar
year 2022, Contractor shall bill Customers pursuant to the Rate Schedule set forth at Exhibit A, attached
hereto. For calendar year 2023 and continuing until the expiration or earlier termination of this
Agreement, the then-current Rates shall be adjusted annually in accordance with Section 4.3 below.
Contractor may occasionally provide other services related to Solid Waste collection in the
Service Area, that are not listed in Exhibit A. In these circumstances, Contractor shall use the then-current
Rates approved by the WUTC under Contractor’s WUTC Tariff, for such service, in the area closest in
proximity to the Service Area (as may be amended from time to time). If any such services are not
covered by either this Agreement or Contractor’s WUTC Tariff, Contractor shall propose a Rate to the
Page 16 of 32
East Wenatchee 2022 Solid Waste Services Agreement
City for approval. Upon approval by the Mayor or the Mayor’s designee, Contractor may proceed to
offer such service(s) to Customers.
4.3 Annual Adjustments
Commencing on January 1, 2023, and continuing annually on the same date thereafter (each, an
“Adjustment Date”), the Rates, as adjusted hereunder, shall be automatically increased by a percentage
equal to the percent change in the average Consumer Price Index for All Urban Consumers: Water and
Sewer and Trash Collection Services (Series CUUR0000SEHG) (“CPI”), base period December 1997 =
100, US City Average, not seasonally adjusted, as published by the United States Department of Labor,
Bureau of Labor Statistics, or a replacement index (the “CPI Index”). Calculation of the annual
adjustment will be from August to August of the preceding twelve months.for the 12-month period
ending nearest, but at least sixty (60) days prior to the Adjustment Date. The first adjustment of the Rates
will be based on the change in CPI, as described above, of the January 2022 published index to the
January 2023 published index. Adjustments to the Rates shall be made in units of one cent ($0.01).
Fractions less than one cent ($0.01) shall not be considered when calculating adjustments. Annual CPI
adjustments shall not be negative. In the event the CPI index series decreases year-on-year, there shall be
no CPI adjustment that year.
4.4 Pass Through of Disposal
The Rates shall be adjusted periodically to match disposal facility tip fees charged for Roll-Off
Container services.
4.5 Rate Adjustments for Extraordinary Circumstances
The Rates are calculated to pay certain expenses and costs that are of a contingent and uncertain
nature. Therefore, in addition to the annual adjustments referenced in Section 4.3 above, the Rates shall
be, upon written request of Contractor and approval by the City, further adjusted on an interim basis, as
necessary, for increased expenses or reduced revenue associated with performance of the services
hereunder due to any one or more of the following causes:
(a) any Material Changes in Contractor’s costs, including any Material Changes resulting from an
Uncontrollable Circumstance (see Section 7.8) that is not covered by Contractor’s insurance;
(b) if required, initiated, or approved by the City, added fees or changes in the scope or method of
services provided by Contractor pursuant to this Agreement;
(c) any changes in Applicable Law that become effective after the Commencement Date of this
Agreement;
(d) any increase in fees for the Processing of Recyclables and/or Yard Debris;
(e) any increase in surcharges, fees, assessments, or taxes levied pursuant to Applicable Law, in
relation to the Collection Services;
(f) any material increases in the volume of Recyclables, Yard Debris, or other materials collected by
Contractor pursuant to this Agreement, whether caused by Customer growth and/or annexation;
and/or
(g) any other extraordinary circumstances or reasons that are not within Contractor’s reasonable
control.
Page 17 of 32
East Wenatchee 2022 Solid Waste Services Agreement
If Contractor requests a Rate adjustment due to any such extraordinary circumstances set forth
above, Contractor shall prepare a Rate adjustment request setting forth its calculation of the increased
costs, and/or reduced revenue and the Rate adjustment necessary to offset such increased costs and/or
reduced revenue. The City may request any and all documentation and data reasonably necessary to
evaluate such request by Contractor, and may retain, at its own expense, an independent third party to
audit and review such documentation and request. If such third party is retained, the City shall take
reasonable steps, consistent with Applicable Law, to protect the confidential or proprietary nature of any
data or information supplied by Contractor. The City shall respond within thirty (30) days of receipt of a
request from Contractor if reasonably sufficient supporting information is provided by Contractor.
Notwithstanding the foregoing, if the request is based upon any new or increased third party fees,
taxes, assessments or charges, the City shall review and respond to the request for the interim Rate
adjustment within such time period as necessary to ensure that such new or increased fees, taxes,
assessments or charges are passed on to Customers by the date the same become effective. If Contractor is
subject to any new or increased third party fees, assessments or charges that are beyond its ability to
control, any rate increase will be limited to the amount needed to cover the cost increase. The City will
not unreasonably withhold consent to any such requested rate increase.
4.6 Changes in Recyclables Markets/Costs
In the event that a change in Applicable Law or a material change in market conditions affecting
the Recyclables market occurs, including, but not limited to, a lack of commercially reasonable market
availability for a type of Processed Recyclables, changes in market specifications affecting the salability
of a type of Processed Recyclables, or changes affecting the recyclability or marketability of a type of
Processed Recyclables (each a "Material Change"), and such Material Change has the effect of
substantially reducing Contractor’s profits, or preventing or precluding compliance with one or more
provisions of this Agreement, or substantially affecting any other benefit(s) bargained for under this
Agreement, this Agreement shall be modified, or suspended as may be necessary, to comply with,
ameliorate, or prevent the detrimental effects of any such Material Change. A Party detrimentally affected
by a Material Change shall so notify the other Party and the Parties shall engage in good faith negotiations
to amend the Rates set forth in Exhibit A and/or the provisions of this Agreement, as necessary, so that
Contractor may achieve, on an ongoing basis, the level of profits that existed for Contractor immediately
prior to any such Material Change.
On an annual basis, the blended value of Recyclables commodities and the cost to Process
Recyclables commodities specified in this Agreement shall be reviewed utilizing the example calculation
set forth in Exhibit D (Recyclables Market Evaluation). The Rates for Single-Family Premises Customers
shall be adjusted up or down based on the delta of the calculations included in Exhibit D.
4.7 Solid Waste Collection, Disposal and/or Recycling Innovations
Contractor shall keep abreast of all alternatives regarding the collection, disposal, and recycling
of Solid Waste and shall advise and cooperate with the City with respect to any possible innovations,
changes or improvements that could be accomplished with respect to performance of this Agreement.
4.8 Rate Discounts for Low-Income Residents
Contractor shall provide Collection Services at a reduced rate to qualified low-income Customers.
This reduced rate is only available to Single-Family Customers who provide satisfactory evidence under
oath and in writing to the City of meeting the following criteria:
A. Meet the requirements of City of East Wenatchee Municipal Code Section 4.34.020 or any
successor codes, ordinances or resolutions as it pertains to qualified low-income residents;
B. State under oath that he or she will inform the City in writing if there is any change in his/her
Page 18 of 32
East Wenatchee 2022 Solid Waste Services Agreement
household income status as it relates to the requirements set forth by City resolution. The
City may require an updated application from previously qualified low-income Customers at
any time; and
C. Must have resided at stated residence in the Service Area for a period of not less ninety (90)
days and intends to remain at such residence for a minimum of one (1) year from their date of
application.
Upon approval by the City and upon written notification to Contractor, all qualified low-income
Customers shall receive the percentage discounted rate set forth in Exhibit A, as attached hereto.
5 BILLING; CUSTOMER EDUCATION & OUTREACH
5.1 Customer Billing
Contractor shall be responsible for all Customer billing functions related to the Collection
Services provided pursuant to this Agreement. Contractor shall also perform all customer service
functions related to billing and responding to any Customer inquiries. Contractor may charge a fee,
pursuant to the Rates, to Customers who elect to receive a paper invoice and do not utilize the auto-pay
process. Contractor agrees to collect and remit City taxes without any additional charge for the
administrative expense incurred in collection and remitting such taxes. Contractor may charge Customers
an account set-up fee, pursuant to the Rates, for all new accounts. Single-Family Premises Customers will
be billed quarterly. Commercial Premises Customers will be billed monthly.
The City retains the right to assume the responsibility for billing Customers and the customer
service functions under this Agreement, at any time during the term, upon one-hundred-eighty (180) days
written notice to Contractor. If the City exercises this right, then the Parties shall confer in good faith to
discuss any changes or adjustments to this Agreement which may be necessary for the City to assume the
billing and customer service functions, including the City’s assumption of the risk for bad debt collection.
5.2 Collection for Non-Payment
If a Customer’s account becomes sixty (60) days or more past due, after providing prior notice to
the Customer, Contractor may discontinue any such Customer’s Collection Services and make
arrangements for third party collection of any outstanding past due amounts. Contractor may charge
Customers a late payment fee, interest, NSF check charges, and any costs associated with debt collection.
Contractor will report monthly to the City any Customers who have had their service discontinued for
non-payment. The provisions of this Section 5.2 will terminate only upon mutual agreement of the
Parties. In December 2023, the Parties shall convene to discuss the effectiveness of this Section 5.2 in
reducing the amount of delinquent Customer accounts and any accumulation of waste on Premises that
have become a nuisance to the City. If the Parties agree to suspend the discontinuation of service to
delinquent Customers, then the Parties shall agree to compensate Contractor for collection of delinquent
Customers’ accounts through an adjustment to the Rates.
5.3 Suspension of Collection Services for Disruptive Customers
The City and Contractor acknowledge that from time to time Customers may cause disruptions or
conflicts that make continued service to such Customers unreasonable. Such disruptions or conflicts
include, but are not limited to, repeated damage to Contractor-owned Containers, repeated non-
compliance in positioning Containers in a proper manner, allowing for automated collection, repeated
unsubstantiated claims of timely set-out of Containers followed by a demand for return collection at no
charge, and repeated unsubstantiated claims that Contractor caused damage to a Customer’s property.
Contractor shall make reasonable efforts to continue providing services to any such disruptive
Customers, however, Contractor may deny or discontinue services to any such Customer if Contractor’s
reasonable efforts to accommodate the Customer and to provide services fail. Customers will be notified
of suspended service to their service address within one (1) week of suspension. Contractor shall notify
Page 19 of 32
East Wenatchee 2022 Solid Waste Services Agreement
the Mayor or the Mayor’s designee in writing of any discontinuation of services. If a Customer submits a
written appeal of the discontinuation of their services to the City, the City may, in its discretion,
determine that services be reinstated, and any such determination shall be final. Contractor may also
request the denial or discontinuance of services to Customers who are abusing the services or are
determined to be ineligible.
5.4 Promotion, Education, and Outreach
Contractor acknowledges that education and public awareness are essential elements of efforts to
achieve recycling goals and recycling contamination reduction. Accordingly, Contractor will implement a
public education program to expand public and Customer awareness concerning the necessity for methods
of reducing, reusing, and recycling waste materials.
Contractor shall keep the public informed of programs and encourage participation through an
Annual Service Update that Contractor shall provide for Single-Family Premises and Commercial
Premises Customers. The Annual Service Update shall be emailed each year and shall be made available
on Contractor’s website. The Annual Service Update shall include information detailing the services
available to Customers, Solid Waste preparation requirements and other service requirements,
Contractor’s customer service contact information, inclement weather and other policies, collection
calendars, online customer service tools, and other useful Customer information. Key components of
educational materials shall be made available in English and Spanish.
Contractor shall provide an Annual Service Guide and any updated materials to new Customers
prior to the Customer’s first billing cycle and shall, at a minimum, include available services, applicable
rules and service policies, Solid Waste preparation requirements and Contractor’s customer service
contact information.
Contractor shall periodically update and maintain sufficient quantities of Customer information
materials including Cart decals, informational brochures, and postcards.
Each September, the City and Contractor shall present the City with an education and outreach
plan for the following year, including discussions regarding adjustments in materials. The City may elect
to assist Contractor with development of additional promotional material layout and text, as staff time
allows, otherwise Contractor shall be responsible for all design and development work.
5.5 Pilot Programs
Contractor-initiated pilot programs shall require prior written notification to and written approval
by the City. Contractor-initiated pilot programs shall be performed at no additional cost to the City or to
the Customers; however, savings accrued may be subject to negotiations prior to implementation at the
City’s request. Contractor shall not be required to test or implement any pilot program, new technology,
service or development unless the terms and conditions thereof (including any savings or additional
compensation to Contractor) have been mutually agreed in writing by the City and Contractor.
6 INSURANCE AND INDEMNITY
6.1 Insurance
Contractor shall maintain at its own cost and expense the following minimum limits of
occurrence-based insurance during the term of this Agreement:
Type Amount
A. Worker’s Compensation Statutory
B. Employer’s Liability $500,000
C. Comprehensive General Liability $1,000,000 per occurrence
Page 20 of 32
East Wenatchee 2022 Solid Waste Services Agreement
$2,000,000 aggregate
D. Automobile Liability (owned and non-owned)
Bodily Injury/Property Damage Liability $2,000,000 per occurrence
E. Excess/Umbrella $5,000,000 per occurrence
The City, its elected and appointed officials, and employees, shall be included as additional
insured parties under the CGL, Automobile and Excess/Umbrella coverages. The following statements
shall be included in all such insurance policies: “the City of East Wenatchee is named as an additional
insured”; and “this insurance is primary over any insurance or self-insurance the City of East Wenatchee
may have”. Prior to the Commencement Date of this Agreement, Contractor shall deliver to the City
certificate(s) of insurance evidencing the required coverages. The certificate(s) shall provide that
cancellation of any policies under which certificates are issued, shall not be valid unless at least thirty (30)
days’ written notice of cancellation is provided.
Failure of Contractor to furnish and maintain the public liability insurance and vehicle coverage
shall be considered a material default of this Agreement and grounds of its immediate termination at the
option of the City, subject to any notice and cure provisions contained in this Agreement.
6.2 Indemnification
a) Contractor agrees to indemnify, defend, and hold the City harmless from and against all claims
and actions, causes of action, suits, debts, damages, liabilities and costs whatsoever, including but not
limited to reasonable attorneys’ fees and costs of defense, based upon or arising out of any injuries
(including death) to persons, or damage to property, to the extent caused by the negligent acts or
omissions or willful misconduct of Contractor, or any of its directors, officers, employees, agents, or
subcontractors, in the performance of this Agreement.
b) To the fullest extent permitted by law, the City agrees to indemnify, defend, and hold
Contractor harmless from and against all claims and actions, causes of action, suits, debts, damages,
liabilities and costs whatsoever, including but not limited to reasonable attorneys’ fees and costs of
defense, based upon or arising out of any injuries (including death) to persons, or damage to property, to
the extent caused by the negligent acts or omissions or willful misconduct of the City, or any of its
directors, officers, elected or appointed officials, employees, agents, or subcontractors, in the performance
of this Agreement.
c) Notwithstanding any provision in this Agreement to the contrary, Contractor shall not be
responsible for any damage to driving surfaces resulting from ordinary wear and tear that occurs during
Contractor’s performance of the Collection Services.
d) The indemnification obligations of this Section shall survive the termination or expiration of
this Agreement for any reason.
6.3 Performance Bond
Contractor shall furnish to the City a proper performance bond to be approved by the City
Attorney, conditioned that Contractor shall faithfully perform all the provisions and terms of this
Agreement and pay all laborers, mechanics, subcontractors, material persons, and all persons who provide
Contractor with provisions and supplies for the carrying on of such work; which bond shall be signed by
Contractor and two (2) or more good and sufficient sureties or with Surety Company as Surety, and shall
be in the amount of Five Hundred Thousand Dollars and no cents ($500,000). Said bond shall be kept in
full force and effect during the term of this Agreement. Contractor agrees to pay all costs, including
attorneys’ fees, associated with the enforcement of said bond.
6.4 Compliance Required
Contractor’s failure to fully comply with any and all terms of the foregoing insurance or bond
Page 21 of 32
East Wenatchee 2022 Solid Waste Services Agreement
provisions shall be considered a default under this Agreement and unless Contractor cures any such
default within thirty (30) days of receipt of notice in writing from the City, such uncured default shall be
cause for the immediate termination of this Agreement, at the option of the City.
7 GENERAL TERMS
7.1 Independent Contractor
The Parties agree and acknowledge that Contractor is an independent contractor and not an agent
or employee of the City, and that no liability shall attach to the City as a result of the acts or omissions of
Contractor, its employees, agents, or assigns. Contractor shall have no authority to execute agreements or
to make commitments on behalf of the City, and nothing contained in this Agreement shall be deemed to
create the relationship of employer and employee or principal and agent between the City and Contractor.
7.2 Subcontracting
The Parties intend that Contractor shall utilize its own employees in performance of its
obligations under this Agreement. However, in the event that incidental subcontractor services are
necessary, Contractor shall be responsible for the standards of the work of any subcontractor. Contractor
agrees that no subcontractor shall relieve Contractor of any of its obligations under this Agreement.
7.3 Insolvency; Right to Terminate
Notwithstanding other terms contained in this Agreement, any or all of the following events shall
be considered events of default under this Agreement, allowing the City to terminate this Agreement if
any such defaults are not cured within 10 (ten) days of Contractor’s receipt of written notice from the City
of any such defaults: a) if Contractor petitions any court to be adjudged a bankrupt; b) if a petition in
bankruptcy is filed in any court against Contractor; c) if Contractor is adjudged to be insolvent; d) if
Contractor is adjudged to be bankrupt; e) if a receiver or other officer is appointed to take charge of the
whole or any part of Contractor’s property or to wind up or liquidate its affairs; f) if Contractor seeks
reorganization under the Federal Bankruptcy Code, as amended; or g) if Contractor admits in writing its
inability to pay its debts as such debts become due.
7.4 Dispute Resolution
With respect to any Customer complaints the City receives regarding billing or related to
Contractor’s performance of the Collection Services, the City and Contractor agree as follows: 1)
Contractor shall first make a good faith effort to resolve any such complaint; 2) in the event a Customer is
not satisfied with Contractor’s resolution, the complaint shall be forwarded to the Mayor or the Mayor’s
designee to resolve the complaint, after consultation with both the Customer and Contractor regarding the
unresolved issue; and 3) in the event the Customer or Contractor is not satisfied with the decision of the
Mayor or the Mayor’s designee, either Party may appeal the decision through the City’s appeal process.
Any such administrative process shall not prevent either the City or Contractor from pursuing their legal
or equitable remedies in the Douglas County Superior Court to enforce, construe or otherwise resolve a
dispute between the Parties arising from any term or condition of this Agreement.
7.5 Assignment
This Agreement may not be assigned or transferred by Contractor, without the prior written
consent of the City, which shall not be unreasonably withheld and as evidenced by a resolution from the
City council, signed by the Mayor. In the event of an unauthorized assignment or transfer by Contractor,
the City reserves the right to terminate this Agreement. Notwithstanding the foregoing, Contractor may
assign this Agreement to a subsidiary or corporate affiliate of Contractor without the prior consent of the
City, and this Agreement shall be binding upon the Parties and their respective successors and assigns.
7.6 Taxes and Fees
Contractor acknowledges that it is responsible for payment of any local, state, or federal taxes or
Page 22 of 32
East Wenatchee 2022 Solid Waste Services Agreement
fees with respect to Contractor’s agents and employees, and any taxes or licenses applicable to
Contractor’s business activity.
7.7 Performance Fees
Each year during the term of this Agreement, after the City has received Contractor’s annual
report, the City shall have thirty (30) days to determine if any performance fees are owed by Contractor to
the City. In the event that the City’s review results in findings that Contractor failed to satisfactorily
perform any of its obligations pursuant to this Agreement, the City shall present a documented incident
report to Contractor, that details any such alleged unsatisfactory performance by Contractor. Contractor
then has thirty (30) days to respond to the City’s incident report and to provide data in response that
demonstrates Contractor’s rationale for any alleged performance issues. If Contractor does not provide a
response to the City in the timeframe set forth above, Contractor shall pay to the City any performance
fees outlined in the City’s incident report. If applicable, Contractor and the City agree that Contractor
shall pay the dollar amounts listed in the table below, not as penalties, but as performance fees for its
failure to satisfactorily perform its duties under this Agreement. The City and Contractor agree that the
City’s damages would be difficult to quantify in any litigation and that the dollar amounts listed below are
a reasonable estimate of damages sustained by the City as a result of Contractor's failure to satisfactorily
perform its duties under this Agreement.
Performance fees shall include:
Unsatisfactory Action or Omission Performance Fee
1 Repetition of complaints on a route after notification, including, but
not limited to, failure to replace Containers in designated locations,
spilling, not closing gates, not replacing lids, crossing planted areas,
or similar violations.
Fifty dollars ($50) per incident, not to
exceed five-hundred dollars ($500)
per vehicle, per day.
2 Failure to clean-up or collect leaked or spilled materials and/or
failure to notify the City within three (3) hours of any such incident. Cleanup cost incurred by the City,
plus five-hundred dollars ($500) per
incident.
3 Failure to collect missed materials within one (1) business day after
notification. Fifty dollars ($50) per incident to a
maximum of five-hundred dollars
($500) per vehicle, per day.
4 Missed collection of a block segment of Single-Family Premises
(excluding missed collections due to inclement weather, but not
excluding collections prevented by inoperable vehicles). A block
segment is defined as one side of a street, between cross-streets, not
to exceed fifty (50) houses.
Two-hundred-fifty dollars ($250) per
block segment if collection is
performed the following day; one-
thousand dollars ($1,000) if not
collected by the following day.
5 Rejection of Garbage, Recyclables or Yard Debris without notifying
the Customer of the reason for rejection. One-hundred dollars ($100) per
incident.
6 Failure to deliver Container(s), after receiving a request from a
Commercial Premises Customer for new service, within three (3)
days after the date of commencement of Collection Services.
One-hundred dollars ($100) per
incident.
7 Failure to deliver Garbage, Recyclables or Yard Debris Containers,
after receiving a request from a Single-Family Premises Customer
for new service, within seven (7) days after the date of
commencement of Collection Services.
Twenty-five dollars ($25) per
incident.
9 Failure to deliver Recyclables and/or Yard Debris Carts with the
appropriate instructional stickers. Fifty dollars ($50) per Container.
7.8 Force Majeure
Except for the failure to make payment when due, neither Party shall be in default of its
obligations under this Agreement for a Party’s failure to perform or for a delay in a Party’s performance
due to an Uncontrollable Circumstance, and the affected Party shall be excused from performing any such
Page 23 of 32
East Wenatchee 2022 Solid Waste Services Agreement
obligations during the occurrence of such events. For purposes of this Agreement, “Uncontrollable
Circumstances” means any act of terrorism, act of God, landslides, lightning, forest fires, storms, floods,
typhoons, hurricanes, severe weather, freezing, earthquakes, volcanic eruptions, other natural disasters or
the imminent threat of any such natural disasters, pandemics, quarantines, civil disturbances, acts of the
public enemy, wars, blockades, public riots, labor unrest (e.g., strikes, lockouts, or other labor
disturbances), acts of domestic or foreign governments or governmental restraint, or other causes, whether
of the kind enumerated or otherwise, and whether foreseeable or unforeseeable, that are not reasonably
within the control of a Party.
7.9 Time is of the Essence
Time is of the essence in the performance of this Agreement.
7.10 Default
Except for the occurrence or existence of an Uncontrollable Circumstance, Contractor’s failure to
perform the material terms of this Agreement within ten (10) days of receipt of written notice from the
City, sent by certified mail/return receipt requested, and a thirty (30) day period to cure any such default,
shall constitute grounds for termination of this Agreement, at the option of the City.
7.11 Non-Waiver
The failure of any Party to enforce any provision of this Agreement is not and shall not be
construed as a waiver of any such provision. The payment or acceptance of compensation subsequent to
any breach of this Agreement is not and shall not be construed as an acceptance of any such breach. All
waivers must be in writing between the Parties.
7.12 Reservation of Municipal Authority
The City specifically reserves the right to enact general municipal ordinances and resolutions
affecting all businesses and persons in the City.
7.13 Severability
If any provision of this Agreement is held to be void, invalid or unenforceable under Applicable
Law, the remaining provisions of this Agreement shall remain in effect and bind the Parties.
7.14 Modification
This Agreement constitutes the entire agreement between the Parties. Except as expressly
provided herein, no alteration or modification of this Agreement shall be effective unless such
modification is in writing and signed by the Parties.
7.15 Applicable Law; Venue
This Agreement shall be governed by the laws of the State of Washington. Venue for any action
hereunder shall be the Douglas County Superior Court.
7.16 Counterparts; Signatures
This Agreement may be signed in counterparts, each of which shall be an original but all of which
shall constitute one and the same document. Signatures transmitted electronically shall be deemed valid
execution of this Agreement and binding on the Parties.
* * *
Page 24 of 32
East Wenatchee 2022 Solid Waste Services Agreement
IN WITNESS WHEREOF, the Parties enter into this Agreement as of the Effective Date. Each
person signing this Agreement represents and warrants that he or she has been duly authorized to enter into
this Agreement by the Party on whose behalf it is indicated that the person is signing.
THE CITY OF EAST WENATCHEE,
WASHINGTON
By: ______________________________
Mayor
Date: ______________________________
ATTEST:
By: __________________________
City Clerk,
City of East Wenatchee
APPROVED AS TO FORM:
By: __________________________
City Attorney,
City of East Wenatchee
Date: __________________________
WASTE MANAGEMENT OF
WASHINGTON, INC.
By: ______________________________
Jason Rose, President
Date: ______________________________
Page 25 of 32
East Wenatchee 2022 Solid Waste Services Agreement
EXHIBIT A
Rate Schedule
Weekly
Residential
Curbside
Collection
Services
Service Level - Garbage
Total
Service
Charge
1 35-gallon Cart
$ 16.80
1 35-gallon Cart* $ 13.44
1 64-gallon Cart $ 21.55
1 64-gallon Cart* $ 17.24
1 96-gallon Cart $ 28.69
1 96-gallon Cart* $ 22.95
Additional 96-gallon Cart(s) (weekly svc) $ 11.08
Extra Unit(s)
(32-gallon equivalent can/bag) $ 3.92
*Eligible Low Income
Recyclables
(Weekly Collection included in Garbage Rates)
Extra Unit(s)
(32-gallon equivalent can/box)
$ 3.92
Additional 64-gallon Cart $ 7.00
Contamination Service Charge $ 25.00
Recyclables Market Evaluation Adjustment
(Exhibit D) $ 0.00
Weekly
Residential
Curbside
Yard Debris
Collection
Services
Yard Debris Subscription
96-gallon Cart (EOW) $ 12.43
Extra Unit(s)
(32-gallon paper bag/bundle/can)
$ 2.80
Additional 96-gallon Cart $ 4.50
Cart Redelivery Charge $ 16.64
Contamination Service Charge $ 25.00
Miscellaneous
Bulky Waste Pickup –
Disposal (per cubic yard)
$ 25.06
Bulky Waste Pickup –
Driver Time (per hour) $ 131.28
Garbage Cart Swap $ 16.64
Restart Charge (due to non-payment) $ 17.82
Redelivery Charge (due to non-payment) $ 16.64
Vacation Restart Charge $ 8.27
Carry-Out Service (per Cart, per month) $ 16.69
Carry-Out Service for Physically Challenged
Persons $ -
Page 26 of 32
East Wenatchee 2022 Solid Waste Services Agreement
Commercial
Premises
Service Level - Garbage Collection Services (Weekly)
1 35-gallon Cart
$ 18.61
1 64-gallon Cart $ 28.78
1 96-gallon Cart $ 38.94
Extras Unit(s) (32-gallon equivalent) $ 3.92
Miscellaneous Charges
Return Trip (per occurrence)
$ 9.14
Lock and Unlock Charge (per month) $ 14.77
Gate Charge (per month) $ 14.05
Roll-Out Charge (per 25’, per Cart, per p/u) $ 3.50
Redelivery Charge (due to non-payment) $ 18.25
Cart Cleaning (per Cart, per cleaning) $ 10.00
Detachable Container (compacted)
2-cubic yard Container
$ 313.02
4-cubic yard Container $ 538.25
6-cubic yard Container $ 763.48
Detachable Container (loose) */**
1-Cubic Yard, 1 pickup/week
$ 75.10
1-Cubic Yard, 2 pickups/week $ 150.20
1-Cubic Yard, 3 pickups/week $ 225.30
1-Cubic Yard, 4 pickups/week $ 300.40
1-Cubic Yard, 5 pickups/week $ 375.50
1.5-Cubic Yard, 1 pickup/week $ 104.75
1.5-Cubic Yard, 2 pickups/week $ 209.50
1.5-Cubic Yard, 3 pickups/week $ 314.25
1.5-Cubic Yard, 4 pickups/week $ 419.00
1.5-Cubic Yard, 5 pickups/week $ 523.75
2-Cubic Yard, 1 pickup/week $ 129.08
2-Cubic Yard, 2 pickups/week $ 258.16
2-Cubic Yard, 3 pickups/week $ 387.24
2-Cubic Yard, 4 pickups/week $ 516.32
2-Cubic Yard, 5 pickups/week $ 645.40
3-Cubic Yard, 1 pickup/week $ 176.15
3-Cubic Yard, 2 pickups/week $ 352.30
3-Cubic Yard, 3 pickups/week $ 528.45
3-Cubic Yard, 4 pickups/week $ 704.60
3-Cubic Yard, 5 pickups/week $ 880.75
4-Cubic Yard, 1 pickup/week $ 218.03
4-Cubic Yard, 2 pickups/week $ 436.06
4-Cubic Yard, 3 pickups/week $ 654.09
4-Cubic Yard, 4 pickups/week $ 872.12
4-Cubic Yard, 5 pickups/week $ 1,090.15
6-Cubic Yard, 1 pickup/week $ 307.03
Page 27 of 32
East Wenatchee 2022 Solid Waste Services Agreement
6-Cubic Yard, 2 pickups/week
$ 614.06
6-Cubic Yard, 3 pickups/week $ 921.09
6-Cubic Yard, 4 pickups/week $ 1,228.12
6-Cubic Yard, 5 pickups/week $ 1,535.15
8-Cubic Yard, 1 pickup/week $ 389.23
8-Cubic Yard, 2 pickups/week $ 778.46
8-Cubic Yard, 3 pickups/week $ 1,167.69
8-Cubic Yard, 4 pickups/week $ 1,556.92
8-Cubic Yard, 5 pickups/week $ 1,946.15
Overage - Extra loose cubic yard (per pickup) $ 25.06
* Extra Lift (additional service on scheduled pickup day while driver is on site; Rate is calculated
by dividing monthly service Rate by number of pickups in a month (4.333))
** Extra Service (additional service on a non-scheduled pickup day requiring a specially dispatched
driver; Rate is calculated by dividing monthly service Rate by number of pickups in a month (4.333)
plus return trip fee)
Detachable Container Ancillary Charges (per occurrence)
Stand-by Time (per minute)
$ 2.05
Roll-Out Charge
(per 25’, per Container, per p/u) $ 3.50
Connect/Disconnect Charge $ 30.88
Lock and Unlock Charge $ 14.77
Container Cleaning (per yard Container size) $ 5.85
Gate Charge (per month) $ 14.05
Redelivery of Containers (due to nonpayment) $ 27.65
Return Trip $ 18.70
Service Level –
Drop-Box Collection Services (per pickup) Rent Delivery Haul
Non-compacted 10-cubic yard Drop-Box $ 46.00 $ 70.91 $ 149.88
Non-compacted 20-cubic yard Drop-Box $ 49.70 $ 70.91 $ 149.88
Non-compacted 30-cubic yard Drop-Box $ 53.80 $ 70.91 $ 149.88
Non-compacted 40-cubic yard Drop-Box $ 61.50 $ 70.91 $ 149.88
Compacted 10-cubic yard Drop-Box
$ 149.88
Compacted 15-cubic yard Drop-Box $ 149.88
Compacted 20-cubic yard Drop-Box $ 149.88
Compacted 25-cubic yard Drop-Box $ 149.88
Compacted 30-cubic yard Drop-Box $ 149.88
Compacted 40-cubic yard Drop-Box $ 149.88
Drop-Box Ancillary Charges (per occurrence)
Return Trip
$ 49.60
Relocation Rate $ 60.87
Bad Pay Reactivation Charge $ 25.00
Mileage $ 4.00
Collection Vehicle - Special Pickups (per hour) $ 131.28
Extra Personnel (per hour) $ 26.17
Page 28 of 32
East Wenatchee 2022 Solid Waste Services Agreement
Stand-by Time (per minute) $ 2.18
Container cleaning (per yard of Container size) $ 7.39
Connect/Disconnect Charge $ 30.88
Service Level – Temporary Collection Services/Hauling Haul
Charge
2-yard Detachable Container
$ 37.24
4-yard Detachable Container $ 62.90
6-yard Detachable Container $ 88.57
8-yard Detachable Container $ 112.29
Non-compacted 10-cubic yard Drop-Box $ 164.62
Non-compacted 20-cubic yard Drop-Box $ 164.62
Non-compacted 30-cubic yard Drop-Box $ 164.62
Non-compacted 40-cubic yard Drop-Box $ 164.62
Service Level – Temporary Collection Services Delivery
Charge
Daily
Rental
2-yard Detachable Container
$ 70.91 $ 1.50
4-yard Detachable Container $ 70.91 $ 1.50
6-yard Detachable Container $ 70.91 $ 1.50
8-yard Detachable Container $ 70.91 $ 1.50
Non-compacted 10-cubic yard Drop-Box $ 70.91 $ 1.70
Non-compacted 20-cubic yard Drop-Box $ 70.91 $ 1.80
Non-compacted 30-cubic yard Drop-Box $ 70.91 $ 2.10
Non-compacted 40-cubic yard Drop-Box $ 70.91 $ 2.50
Other
City Code Enforcement Program (per 2.5-cubic
yard/standard pickup load) delivered to
Transfer Station
$ 50.00
City Decant Waste (per ton) $ 26.58
Page 29 of 32
East Wenatchee 2022 Solid Waste Services Agreement
EXHIBIT B
Recyclables Specifications
MATERIAL
TYPES
ACCEPTABLE
MATERIALS
PREPARATION
INSTRUCTIONS
EXCLUDED MATERIALS
Paper
Office paper, copy
paper, construction
paper, file folders,
note paper,
computer paper,
brochures
Newspaper,
advertisements and
paper inserts
Magazines and
inserts
Catalogs
Cardboard
Direct mail and
paper inserts
Envelopes
Paper bags
Cereal, cookie and
cracker boxes
Paper towel tubes
Toilet paper tubes
Tissue boxes
Non-foil wrapping
paper
Kraft paper bags or
boxes
Paper envelopes
containing plastic
windows
All materials must be dry.
Remove any:
Plastic bags (exterior
or interior)
Plastic packaging
Metal
Electronics
Magnets
Twine
Straws
Lids
Food and/or liquids
Shredded paper
Paper envelopes lined with
bubble wrap
Insulation liners or envelopes
made from plastic (Tyvek)
Laminated paper
Stickers/labels
Photos
Carbon paper
Receipts
Paper affixed to magnets
Hot or cold cups
Pet food bags
Mixed material bags
Wet and/or soiled paper
Paper with large amounts of
paint and/or glue
Frozen food boxes
Juice boxes
Milk cartons
Ice cream containers
Aseptic containers, e.g. soup,
broth, soymilk, almond milk
Cardboard
Cardboard boxes
Cardboard
packaging
Cardboard
beverage
containers
All materials must be
dry
Flatten all cardboard
Remove all interior
packaging, e.g. block
foam, packing
peanuts and exterior
plastic wrap
Do not bundle with
tape or twine
(external tape is
acceptable)
Place any oversized
cardboard next to
Cart/Container
Waxed cardboard
Page 30 of 32
East Wenatchee 2022 Solid Waste Services Agreement
EXHIBIT B
Recyclables Specifications
MATERIAL
TYPES
ACCEPTABLE
MATERIALS
PREPARATION
INSTRUCTIONS
EXCLUDED MATERIALS
Metal
Tin, aluminum
and/or steel food
and/or beverage
containers
Remove all exterior
packaging
Remove lids
Empty of all food
and/or liquids or
other debris
Labels do not need to
be removed
Aluminum foil and/or trays
Sharp and/or greasy metal
Scrap metal
Batteries
Microwaves
Electrical cords
Cell phones
Vehicle snow chains
Aerosol cans
Plastic Bottles
PET/PETE bottles
HDPE bottles/jugs
Remove lids
Remove straws
Empty of all food
and/or liquids or
other debris
Labels do not need to
be removed
Plastic bags
Plastics items #3-#7
Food and/or beverage
containers
Dairy tubs, e.g. butter, yogurt,
cottage cheese
Cups
Rigid flowerpots
5-gallon buckets
Plastic film
Diapers
Plastic bottles that contained
HHW listed materials
Deli, bakery and produce
clamshell containers
Loose lids, any size
Plant trays
PVC
Large rigid plastic, e.g.
outdoor furniture, laundry
baskets, swimming pools, toys
Hoses
Landscaping/sprinkler tubing
Other Not applicable Not applicable
Shredded paper
Fabric (textiles)
Carpet
Wire
Rope
Chains
Christmas lights
Wood
Glass of any kind
Page 31 of 32
East Wenatchee 2022 Solid Waste Services Agreement
EXHIBIT C
City Facilities
Department
Service
Address
City Hall 1 8-yard Garbage 1x week
1 8-yard Recyclables 1x week 271 9th St NE
City Police Station 1 8-yard Garbage 1x week
1 8-yard Recyclables 1x week 50 Simon St.
City Public Works
2 8-yard Garbage 2x week
1 8-yard Recyclables 1x week
TBD
City Street Can 32-gallon Garbage 2x week 800 Valley Mall
PKWY
City Street Can 32-gallon Garbage 1x week 1102 Valley Mall
PKWY
City Street Can 32-gallon Garbage 1x week 9th St NE & Eastmont
Ave
City Street Can 32-gallon Garbage 1x week 9th St NE & Valley
Mall PKWY
City Events
Make a Difference Day 1 30-yard Garbage (Location to be specified
by the City)
Les Schwab Classy Chassis
Parade & Car Show
1 8-yard Garbage – serviced once (Location to be specified
by the City)
Wings & Wheels
Festival/Aviation Days
1 6-yard Garbage – serviced once
25 35-gallon Garbage – serviced once
255 N Georgia Ave; and
1 Pangborn Rd
City Event – To Be
Determined 1 8-yard Garbage - serviced once To Be Determined
Page 32 of 32
East Wenatchee 2022 Solid Waste Services Agreement
EHXIBIT D
Recyclables Market Evaluation Example
Waste Management – Spokane Materials and Recycling Technology (SMaRT)
1. Change in MRF Processing Costs Explanatory Notes
a
Agreement Implementation Processing Cost
per Ton $147.22 Based on previous WUTC tariff filing
b $150.00
Based on most recent WUTC tariff
filing (example, if applicable)
c New Annual Processing Cost per Ton $2.78 [ b ‐ a ]
d Annual Residential Recycling Tons 739.83
Residential recycling tons (annualized) ‐ update
each year
e
Change in Processing Cost Total Value ‐
Residential $2,057 [ c x d ]
f Total Residential Accounts 3,874 Update each year
g New Processing Adjustment Per Account $0.04
[ e / f / 12 ] (example ‐ positive number = rate
increase; negative number = rate decrease)
Annual Change to Monthly Residential
Customer Rates (increase or decrease)
2. Change in Commodity Values
h
Implementation Average Commodity Value
per Ton $117.68
Implementation average commodity values ‐
SMaRT
i Annual Revised Commodity Value $130.00
Based on most recent WUTC tariff
filing (example)
j Revenue Change per Ton $ (12.32) [ h ‐ i ]
k Annual Residential Recycling Tons 739.83
Residential recycling tons (annualized) ‐ update
each year
l Change in Total Commodity Revenue ‐
Residential $ (9,116) [ j x k ]
m Total Residential Accounts 3,874 Update each year
n New Commodity Adjustment Per Account $ (0.20)
[ l / m / 12 ] (example ‐ positive number = rate
increase; negative number = rate decrease)
3. Total Monthly Adjustment (Debit/Credit) to
Accounts $ (0.16)
[ g + n ] (example ‐ positive number = rate
increase; negative number = rate decrease)
Total Change to Residential Customer Rates
(annual increase or decrease)