HomeMy WebLinkAbout11-18-19 Council MeetingSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Wendy
APPROVAL OF THE AGENDA
Mayor Pro Tem Marilyn Oertle
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Phoenix Award presented to Jake Smith
Chief Kraski
PROCLAMATIONS
PUBLIC COMMENT
For members of the public who wish to speak to the Council about any matter not on the Public Hearing
portion of the meeting. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Marilyn Oertle
1.Minutes of the November 4 and November 12, 2019 council meetings, and ATTACHMENT A
minutes of the Special Joint Meeting of the Council, Planning Commission,
and Airport Commission
2.Accounts Payable
PUBLIC HEARING
NEW BUSINESS
1.Resolution approving the 2020 Regular Property Tax Levy ATTACHMENT B
Staff Presentation: Kristin Garcia
Council Liaison: Mayor Pro Tem Marilyn Oertle
2. Resolution approving the 2020 EMS Tax Levy ATTACHMENT C
Staff Presentation: Kristin Garcia
Council Liaison: Mayor Pro Tem Marilyn Oertle
Arlington City Council Meeting
November 18, 2019 at 7:00 pm
City Council Chambers – 110 E Third Street
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
3.Resolution of Intent to Explore Potential Benefits of Service with ATTACHMENT D
North County Regional Fire Authority (NCRFA)
Staff Presentation: Paul Ellis
Council Liaison: Jesica Stickles/Marilyn Oertle/Sue Weiss
4.Approval of Waste Management Amended and Restated Contract ATTACHMENT E
Staff Presentation: Jim Kelly
Council Liaison: Josh Roundy
5. Resolution for Memorandum of Understanding with Port of Everett ATTACHMENT F
Staff Presentation: Marc Hayes
Council Liaison: Debora Nelson/Mike Hopson
DISCUSSION ITEMS
INFORMATION
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Barb Tolbert
DRAFT
Page 1 of 3
Council Chambers 110 East Third Street November 4, 2019
Councilmembers Present: Mike Hopson, Jan Schuette, Marilyn Oertle, Debora Nelson, Sue Weiss, Jesica Stickles and Joshua Roundy.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Kristin Banfield, Sarah Lopez, Kristin Garcia, Sheri Amundson, Jim Kelly, Linda Taylor, Jonathan Ventura, Dave Kraski, Chris Dickison, Greg Koontz, Wayne Mitchell, Zach Hanson, Sam Johnston, Al Chamberlin, Tom Jackson, Gregg Haddick, Bob Beam, Logan Harding, Phil Knepper, Nick Goubeau, Anna Melillo, Craig Monson, Aaron Boede, Kirk Normand, Jason Ewing, Steve Daggett, Jason Huizanga, Nich Sacha, Keith Johnson, Drew Shannon, Willy Harper, Jason Nyblod, Elliott Lauritzen, Justin Honsowetz, City Attorney Steve Peiffle, and Wendy Van Der Meersche.
Also Known to be Present: Don Vanney, Kathy Vanney, Michele Blythe, Holly Sloan-Buchanan, Sarah Arney, Vicki Johnson, Roberta Baker, Monica Bretherton, Russ Larson, Patti Larson, Sid Logan, Heather Logan, Jenna Shannon, Amanda Honsowetz, Rondi Nyblod, Novelli Haddick, Valerie Bliss Butler Thier, John Cermak, Jean Olson, Doug Buell, Mike Makela, Michael Koontz, Mary Koontz, Katrina Koontz, Mason Koontz. Mayor Barb Tolbert called the meeting to order at 7:00 p.m., and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Marilyn Oertle moved to approve the agenda as presented. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote.
BADGE PINNING Chief Dave Kraski introduced new Fire Captain Greg Koontz. City Attorney Steve Peiffle administered the oath of office. Captain Koontz’s wife, Katrina and son Mason, performed the badge pinning.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Sarah Arney, President of the Arlington Arts Council surprised Mayor Tolbert by presenting her with the 2019 Sarah M. Arney Art Advocate of Arlington award.
PROCLAMATIONS None.
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting November 4, 2019
Page 2 of 3
PUBLIC COMMENT None.
CONSENT AGENDA Mayor Pro Tem Marilyn Oertle moved and Councilmember Debora Nelson seconded the motion to approve the Consent Agenda that was unanimously carried: 1.Minutes of the October 21 and October 28, 2019 Council meetings2.Accounts Payable:3.Resolution Authorizing Broadband Grant Application4.Resolution Updating Social Services Policy
PUBLIC HEARINGS
Resolution Setting the 2020 Regular Property Tax Levy Finance Director Kristin Garcia presented the resolution establishing the 2020 regular property tax levy, and banking unused levy capacity. This will be brought forward for Council approval at the November 18 Council meeting. 7:12:41 Public Hearing was opened. 7:12:57 With no one wishing to speak, the Public Hearing portion was closed. 7:12:59 Council questions were opened. 7:17:00 Public Hearing was closed.
Resolution Setting the 2020 EMS Tax Levy Finance Director Kristin Garcia presented the resolution establishing the 2020 EMS tax levy, and banking unused levy capacity. This item will be brought forward for Council approval at the November 18 Council meeting. 7:18:19 Public Hearing was opened. 7:18:23 With no one wishing to speak, the Public Hearing portion was closed. 7:18:30 Council questions were opened. 7:19:34 Public Hearing was closed.
Resolution Adopting the Six-year Transportation Improvement Plan (TIP) Public Works Director Jim Kelly presented the proposed resolution adopting the City of Arlington 2020-2025 Six Year Transportation Improvement Plan. 7:21:23 Public Hearing was opened. 7:21:32 With no one wishing to speak, the Public Hearing portion was closed. 7:21:38 Council questions were opened. 7:23:55 Public Hearing was closed. Councilmember Debora Nelson moved and Mayor Pro Tem Marilyn Oertle seconded the motion to approve the proposed resolution adopting the City of Arlington 2020-2025 Six Year Transportation Improvement Plan, and authorized the Mayor to sign the resolution. The motion passed unanimously.
Minutes of the City of Arlington City Council Meeting November 4, 2019
Page 3 of 3
NEW BUSINESS
Accepting the 2020 Public Art Proposals Community Revitalization Manager Sarah Lopez requested council approval of the public art proposals that were reviewed and recommended by the Public Art Committee and Parks, Arts, and Recreation Commission (PARC). PARC also recommends accepting bench art proposals that enhance existing public benches in Arlington. No cost project proposed by Arlington Arts Council. Councilmember Marilyn Oertle moved and Councilmember Debora Nelson seconded the motion to accept the public art proposals and budget as presented for 2020. The motion passed 6-1, with Councilmember Sue Weiss voting no.
Appointment to Lodging Tax Advisory Committee Finance Director Kristin Garcia requested council approval of Stilly Valley Chamber Board Member Amie Verellen-Grubbs, who has agreed to fill the vacancy left by Jennifer Egger, who is no longer eligible to serve on the committee. Ms. Verellen-Grubbs’ appointment will expire April 30, 2021. Mayor Pro Tem Marilyn Oertle moved and Debora Nelson seconded the motion to confirm the appointment of Amie Verellen-Grubbs to the Lodging Tax Advisory Committee to fill the remaining term previously held by Jennifer Egger. The motion passed unanimously.
DISCUSSION ITEMS None.
INFORMATION None.
ADMINISTRATOR & STAFF REPORTS None.
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:30 p.m.
_________________________________________ Barbara Tolbert, Mayor
DRAFT
Page 1 of 2
Council Chambers 110 East Third Street November 12, 2019
Councilmembers present: Mike Hopson, Marilyn Oertle, Debora Nelson, Josh Roundy, Jan Schuette, Jesica Stickles and Sue Weiss.
Planning Commission members present: Tim Dean and Bruce Angell.
Planning Commission members absent: Mike Thomas and Vernon Beach.
Airport Commission members present: John Branthoover, Gayle Roeber, John Swizer, and Ruth Gonzales.
Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Kristin Banfield, Marc Hayes, Dave Ryan, Jonathan Ventura, City Attorney Steve Peiffle, and Wendy Van Der Meersche.
Also Known to be Present: Don Vanney, Kathy Vanney, Michele Blythe, Holly Sloan-Buchanan, Doug Buell, Mrs. Swizer, Lindsay Dunn, Melissa Johnson, Terrie Battuello, and Catherine Soper. Mayor Barb Tolbert called the meeting to order at 6:00 pm, and the Pledge of Allegiance and roll call followed.
DISCUSSION ITEMS
Airport Business Park Community and Economic Development Director Marc Hayes greeted everyone. With the use of an overhead aerial map of the Airport, Airport Director Dave Ryan spoke of businesses interested in light industrial development in the Airport Business Park. Discussion followed with Mr. Hayes and Mr. Ryan answering council and commission members’ questions. Mr. Hayes and Mr. Ryan recommended designating a 200-foot tree buffer between the business park and other uses along the perimeter.
Port of Everett Memorandum of Understanding Community and Economic Development Director Marc Hayes introduced Port of Everett Chief of Business Development Terrie Battuello. With the use of a PowerPoint presentation, Ms. Battuello, provided an overview of services the Port provides, properties owned, and a proposed partnership with Arlington and Marysville and the Cascade Industrial Center. She introduced Public Affairs Manager Catherine Soper from the Port of Everett, who was in the
Minutes of the Arlington
Special Joint Meeting of the
City Council, Planning Commission and
Minutes of the City of Arlington City Council Workshop November 12, 2019
Page 2 of 2
audience. Discussion followed with Ms. Battuello answering council and commission members’ questions.
ADJOURNMENT With no further business, the meeting was adjourned at 6:59 p.m.
_________________________________________ Barbara Tolbert, Mayor
DRAFT
Page 1 of 3
Council Chambers 110 East Third Street November 12, 2019
Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Josh Roundy, Jan Schuette, Jesica Stickles and Sue Weiss.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Kristin Banfield, Marc Hayes, Jonathan Ventura, Jim Kelly, City Attorney Steve Peiffle, and Wendy Van Der Meersche.
Also Known to be Present: Bruce Angell, Bob Nelson, Michele Blythe, Holly Sloan-Buchanan, Doug Buell, Sid Logan, and Heather Logan. Mayor Barb Tolbert called the meeting to order at 7:00 pm. The Pledge of Allegiance and roll call was taken previously at the Joint Meeting with councilmembers and commission members.
APPROVAL OF THE AGENDA Mayor Pro Tem Marilyn Oertle moved to approve the agenda with the addition of new business Item No. 3 titled, “A Code of Conduct and Ethics for Councilmembers.” Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
PROCLAMATIONS None.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
Resolution and Memorandum of Understanding with Port of Everett Community and Economic Development Director Marc Hayes presented a Memorandum of Understanding with the Port of Everett. City staff has been working with the Port of Everett since the beginning of 2019 to determine and evaluate common goals and opportunities between the two entities, and evaluating how working together would be in the best interest of the long-term development of the Cascade Industrial Center. This Memorandum of Understanding expresses the intentions of both City and Port to continue working together in achieving
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Workshop November 12, 2019
Page 2 of 3
the common goals related to the Cascade Industrial Center. Discussion followed with Mr. Hayes answering Council questions.
Amended and Restated Contract with Waste Management Public Works Director Jim Kelly presented an Amended and restated contract for solid waste, recycling, and compostable organics collection and disposal with Waste Management of Washington. City of Arlington entered into a contract with Waste Management in September 2010 to provide refuse, compost and recycling services within the City of Arlington. This restatement and amendment to the contract incorporates the following:
- Incorporate all Amendments into the contract (2 ea)
- Clean up mis-numbered and missing items from table of contents
- Clearly define airport storage space designated to store WM containers
- Update City facilities list and add City-sponsored events to capture current WM services provided to the City
- Enhance commercial recycle program by providing 2-96 gal recycle carts to businesses at no additional charge with their garbage service
- Partner with the City to improve the quality of compost and recycle materials by introducing customer contamination notices and charges
- Update recycle material list to focus on items with strong recyclability, noting accepted material could change based on strength of end markets
- Establish rate for loose extra compost and recycle material set out that exceeds container capacity or limits already established in the contract Discussion followed with Mr. Kelly answering council questions.
A Code of Conduct and Ethics for Councilmembers Councilmember Debora Nelson indicated she is the one that asked that the third item be added to the agenda. She read a prepared statement indicating that Councilmember Sue Weiss made unsubstantiated accusations of corruption within City government in the Arlington Times last week. Councilmember Nelson stated she is unaware of Councilmember Weiss reporting any alleged wrongdoing to the State Auditors in her four-year term. Councilmember Weiss interjected that it was not the place to discuss this. Mayor Tolbert called for Councilmember Weiss to stay in order. Councilmember Weiss immediately left the meeting at 7:14 p.m. Councilmember Nelson continued with her prepared statement, stating that the words and actions of Councilmember Weiss broke the norm of civility expected in the governing body, and that her divisive and unfounded comments call into question the integrity of not only the Mayor, but also City staff and the Council. She further stated she believes the statements reveal a level of seriousness that the Council needs to address and consider what actions should be taken to assure that this type of behavior is not accepted as the norm in the future. She requested that the City Administrator and the City Attorney bring to Council possible options of code of conduct and policy of ethics for councilmembers, the Mayor, and commission members, including rules of procedure if the code of conduct is broken by a councilmember, Mayor, or commission member in the future.
Minutes of the City of Arlington City Council Workshop November 12, 2019
Page 3 of 3
Discussion followed with City Attorney Steve Peiffle answering questions. It was agreed that the City Attorney and City Administrator Paul Ellis will prepare drafts to bring forward to Council after the first of the year.
Miscellaneous Council Items None.
PUBLIC COMMENT Lindsay Dunn requested that the new fitness center in Emory Lofts offer free membership to Arlington police and firefighters.
EXECUTIVE SESSION City Attorney Steve Peiffle announced that there would be a need for an Executive Session to review the performance of a public employee [RCW 42.30.110(1)(g)]. Mr. Peiffle stated that the Executive Session would last approximately 25 minutes, until 7:55 p.m.
COUNCILMEMBER REPORTS Prior to being excused for the Executive Session, Councilmembers Debora Nelson and Jesica Stickles provided brief updates, while Councilmembers Mike Hopson, Marilyn Oertle, Josh Roundy, and Jan Schuette had nothing to report this evening. Mayor Tolbert recessed the meeting at 7:29 p.m. for the Executive Session. The meeting reconvened at 7:56 p.m.
ADMINISTRATOR AND STAFF REPORTS City Administrator Paul Ellis requested councilmembers submit 2019 expense reports by December 20. He requested that Council allow a resolution of intent to explore potential benefits of service with North County Regional Authority be added to next Monday’s meeting agenda. Discussion followed with Mr. Ellis answering Council questions. Council agreed to the item being added.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING After a brief discussion of tonight’s agenda items, councilmembers agreed that all agenda items be place on new business for next Monday’s council meeting.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:01 p.m. _________________________________________ Barbara Tolbert, Mayor
City of Arlington Council Agenda Bill Item: NB #1 Attachment B
reflects a 0% increase from the 2019 certified levy. Any unused levy capacity will be banked for future use as allowed by law. A public hearing allowing public to comment on the proposed property
RESOLUTION NO. 2019-XXX
A RESOLUTION OF THE CITY OF ARLINGTON
ESTABLISHING THE 2020 REGULAR PROPERTY TAX LEVY AND BANKING UNUSED LEVY CAPACITY
WHEREAS, the City Council of the City of Arlington has met and considered its biennial budget
for the years 2019-2020; and
WHEREAS, the City’s Regular Property Tax actual levy amount from the previous year (2019)
was $4,242,206.31; and
WHEREAS, the population of the City of Arlington is more than 10,000, and
WHEREAS, the city council has determined there will be sufficient revenues in 2020 and
desires to forgo the 1% increase in property tax and bank the capacity for use in future years, and
now therefore,
BE IT RESOLVED by the City Council of the City of Arlington, as follows:
1. That there will be no increase in the regular property tax levy for the levy to be collected
in the 2020 tax year. The dollar amount of the increase over the actual levy amount from
the previous year shall be $0 which is a percentage increase of 0% from the previous
year. This increase is exclusive of additional revenue resulting from new construction,
improvements to property, newly constructed wind turbines, any increase in the value of
state assessed property, any annexations that have occurred and refunds made.
2. That any unused levy capacity shall be banked as authorized by law.
PASSED and APPROVED by the Mayor and City Council of the City of Arlington, at a regular
meeting held on the 18th day of November, 2019.
Barbara Tolbert, Mayor
ATTEST:
______________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
______________________________
Steve Peiffle, City Attorney
City of Arlington Council Agenda Bill Item: NB #2 Attachment C
0%
increase from the 2019 certified levy. Any unused levy capacity will be banked for future use as allowed by law. A public hearing allowing public to comment on the proposed EMS tax levy is required
RESOLUTION NO. 2019-XX
A RESOLUTION OF THE CITY OF ARLINGTON
ESTABLISHING THE 2020 EMS TAX LEVY AND BANKING UNUSED LEVY CAPACITY
WHEREAS, the City Council of the City of Arlington has met and considered its biennial budget
for the years 2019 – 2020; and
WHEREAS, the City’s EMS actual tax levy amount from the previous year (2019) was
$1,004,321.94; and
WHEREAS, the population of the City of Arlington is more than 10,000, and
WHEREAS, the city council has determined there will be sufficient revenues in 2020 and desires
to forgo the 1% increase in property tax and bank the capacity for use in future years, and now
therefore,
BE IT RESOLVED by the City Council of the City of Arlington, as follows:
1. That there will be no increase in the EMS tax levy for the levy to be collected in the 2020
tax year. The dollar amount of the increase over the actual levy amount from the
previous year shall be $0 which is a percentage increase of 0% from the previous year.
This increase is exclusive of additional revenue resulting from new construction,
improvements to property, newly constructed wind turbines, any increase in the value of
state assessed property, any annexations that have occurred and refunds made.
2. That any unused levy capacity shall be banked as authorized by law.
PASSED and APPROVED by the Mayor and City Council of the City of Arlington, at a regular
meeting held on the 18th day of November, 2019.
Barbara Tolbert, Mayor
ATTEST:
_____________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
______________________________
Steve Peiffle, City Attorney
City of Arlington Council Agenda Bill Item: NB #3 Attachment DCOUNCIL MEETING DATE: November 18, 2019 SUBJECT: Resolution of Intent to Explore Benefits of Service with North County Regional Fire Authority ATTACHMENTS: Resolution DEPARTMENT OF ORIGIN Administration – Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: 0 at this time BUDGET CATEGORY: N/A BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: The City of Arlington and North County Regional Fire Authority share contiguous borders and share in some resources. Both the City and North County Regional Fire Authority (NCRFA) strive to provide high quality fire and EMS services to the communities. The additional opportunities of mutual benefit, including annexation into the fire authority. There is no
The City of Arlington currently share several resources with NCRFA. Both departments hold joint training, which saves on cost and insures personal from both are t rained to the same standards. The City and the District share a Medical Services Administrator/ Deputy Chief with NCRFA and NCRFA shares its Community Risk Reduction Officers (Fire Marshal) with the city. We are currently corroborating in a grant funded Community Resource Paramedic which is designed to assist to provide additional assistants to frequent users of the EMS systems. These partnerships have proven to provide mutual benefit to each community at a reduced cost. ALTERNATIVES: Remand for information RECOMMENDED MOTION: I move to approve the resolution to formalize exploration of resources with North County Regional Fire Authority and authorize the Mayor to sign the resolution.
RESOLUTION NO. 2019-XXX
RESOLUTION NO. 2019-XXX
A RESOLUTION OF INTENT TO EXPLORE POTENTIAL BENEFITS OF SERVICE
WHEREAS, the City of Arlington (“the City”) and North County Regional Fire Authority
(“NCRFA”) share a contiguous border; and
WHEREAS, both the city and NCRFA wish to provide high quality fire and emergency
medical services to their residents; and
WHEREAS, the agencies have cooperated in the past in providing these services; and
WHEREAS, chapter 52.26 RCW authorizes two or more fire protection jurisdictions to
participate in a regional fire service authority commonly known as a regional fire authority or
“RFA”; and
WHEREAS, the City and NCRFA are interested in exploring areas of potential efficiencies
in providing services, including whether it would be beneficial to the citizens of Arlington to
annex into NCRFA; and
WHEREAS, both agencies believe that the public health and safety of their residents may
benefit from exploring mutual opportunities to leverage their partnership;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON AS FOLLOWS:
1. The City of Arlington approves the mutual exploration with North County Regional
Fire Authority (NCRFA) for opportunities of mutual benefit and interest, including
the exploration of whether the city of Arlington’s annexation into NCRFA would be
beneficial to the City of Arlington.
ADOPTED by the City Council at an open public meeting and APPROVED by the Mayor
this ____day of November, 2019.
CITY OF ARLINGTON
_______________________________
Barbara Tolbert, Mayor
RESOLUTION NO. 2019-XXX
ATTEST:
________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
City of Arlington Council Agenda Bill Item: NB #4 Attachment E
the following:
- Incorporate all Amendments into the contract (2 ea)
- Clean up mis-numbered and missing items from table of contents
- Clearly define airport storage space designated to store WM containers
- Update City facilities list and add City-sponsored events to capture current WM services provided to the City
- Enhance commercial recycle program by providing 2-96 gal recycle carts to businesses at no additional charge with their garbage service
- Partner with the City to improve the quality of compost and recycle materials by introducing customer contamination notices and charges
- Update recycle material list to focus on items with strong recyclability, noting accepted material could change based on strength of end markets
- Establish rate for loose extra compost and recycle material set out that exceeds container capacity or limits already established in the contract ALTERNATIVES: Reject contract changes and remand to staff for further negotiations with Waste Management Approve amended and restated contract
City of Arlington Council Agenda Bill Item: NB #4 Attachment E
AMENDED AND RESTATED CONTRACT
FOR SOLID WASTE, RECYCLING, AND
COMPOSTABLE ORGANICS COLLECTION,
AND DISPOSAL BETWEEN THE
CITY OF ARLINGTON, WASHINGTON
AND
WASTE MANAGEMENT OF
WASHINGTON, INC.
i
RECITALS ............................................................................................................................................................ 1
DEFINITIONS ...................................................................................................................................................... 2
ARTICLE I - AGREEMENT AND TERM
1.1 AGREEMENT ........................................................................................................................................... 6
1.2 TERM ......................................................................................................................................................... 6
1.3 EXCLUSIVE RIGHT ................................................................................................................................. 6
1.4 FRANCHISE ENFORCEMENT ................................................................................................................ 6
ARTICLE II - GENERAL OPERATIONS
2.1 GENERAL ................................................................................................................................................ 6
2.2 COLLECTION SCHEDULE AND HOURS OF OPERATIONS ............................................................ 7
2.3 COLLECTION LOCATIONS ................................................................................................................. 7
2.4 COLLECTION FROM SENIOR CITIZENS AND PHYSICALLY CHALLENGED PERSONS .......... 7
2.5 SENIOR CITIZEN DISCOUNT ............................................................................................................... 7
2.6 DANGEROUS ANIMALS ...................................................................................................................... 7
2.7 EMPLOYEES TO USE WALKS IF CARRY-OUT SERVICE DIRECTED .......................................... 7
2.8 EMPLOYEES NOT TO TRESPASS ........................................................................................................ 7
2.9 CONTRACTOR TO MAKE EXAMINATION........................................................................................ 8
2.10 EMPLOYEES ........................................................................................................................................... 8
2.11 NON-DISCRIMINATION ........................................................................................................................ 8
2.12 OSHA/WISHA .......................................................................................................................................... 8
2.13 COMPLIANCE WITH LAWS ................................................................................................................. 8
2.14 EMPLOYEES TO BE COURTEOUS, ETC ............................................................................................. 9
2.15 COMPANY NAME .................................................................................................................................. 9
2.16 CONTRACTOR'S OFFICES .................................................................................................................... 9
2.17 PERMITS .................................................................................................................................................. 9
ii
2.18 PUBLIC UTILITIES ................................................................................................................................. 9
2.19 LOADING ................................................................................................................................................. 9
2.20 CLEANUP OF SPILLS............................................................................................................................. 9
2.21 DISRUPTION OF COLLECTION DUE TO WEATHER ....................................................................... 10
2.22 HOLIDAY SCHEDULES ......................................................................................................................... 10
2.23 MISSED AND MAKEUP COLLECTIONS ............................................................................................. 10
2.24 COLLECTION EQUIPMENT .................................................................................................................. 11
2.25 RESERVE EQUIPMENT ......................................................................................................................... 11
2.26 PAINTING AND CLEANING OF VEHICLES ....................................................................................... 11
2.27 SUBCONTRACTORS .............................................................................................................................. 11
2.28 METHOD OF PROCESSING AND DISPOSAL ..................................................................................... 11
2.29 SERVICE TO CITY FACILITIES ........................................................................................................... 11
2.30 COMPLIANCE WITH LAWS ................................................................................................................. 12
2.31 SERVICE AREA ...................................................................................................................................... 12
2.32 CARTS AND CONTAINERS .................................................................................................................. 12
ARTICLE III - REPORTING REQUIREMENTS
3.1 REPORTING REQUIREMENTS ............................................................................................................ 12
3.2 ANNUAL PROGRAM REPORTS .......................................................................................................... 12
3.3 MONTHLY PROGRAM REPORTS ....................................................................................................... 13
3.4 CONTRACTOR'S RECORDS; ACCESS INSPECTION ....................................................................... 13
ARTICLE IV - INSURANCE AND SAFEGUARDS
4.1 INSURANCE GENERAL REQUIREMENTS ........................................................................................ 13
4.2 ADDITIONAL INSURANCE ................................................................................................................. 13
4.3 CONTINUANCE ..................................................................................................................................... 13
4.4 ENDORSEMENTS .................................................................................................................................. 14
4.5 MINIMUM LIMITS ................................................................................................................................ 14
iii
4.6 MINIMUM SCOPE OF INSURANCE ............................................................................................... 14
4.7 ACCEPTABILITY OF INSURERS ........................................................................................................ 14
4.8 CONTRACTORS INSURANCE - PRIMARY ....................................................................................... 14
4.9 PERFORMANCE BOND ........................................................................................................................ 15
4.10 INDEMNIFICATION .............................................................................................................................. 15
4.11 WAIVER OF RCW TITLE 51................................................................................................................. 15
4.12 COMPLIANCE REQUIRED ................................................................................................................... 15
ARTICLE V - GARBAGE COLLECTION
5.1 GARBAGE COLLECTION .................................................................................................................. 16
5.2 CARTS................................................................................................................................................... 16
5.3 BULKY ITEMS AND WHITE GOODS ............................................................................................... 16
ARTICLE VI - CITY CLEANUPS
6.1 SPRING CLEANUP .............................................................................................................................. 16
ARTICLE VII - RECYCLABLE MATERIALS COLLECTION
7.1 GENERAL RECYCLING PROVISIONS .............................................................................................. 17
7.2 RECYCLING CARTS ............................................................................................................................ 17
7.3 CONTAMINATION............................................................................................................................... 17
ARTICLE VIII - COMPOSTABLE ORGANICS COLLECTION
8.1 COMPOSTABLE ORGANICS COLLECTION ................................................................................. 17
8.2 CONTAMINATION1 .......................................................................................................................... 17
ARTICLE IX - COMPENSATION
9.1 CONTRACTOR RATES ..................................................................................................................... 18
9.2 CPI ADJUSTMENT ............................................................................................................................ 18
iv
9.3 OTHER SOLID WASTE COLLECTION SERVICES ....................................................................... 18
9.4 PASS THROUGH OF DISPOSAL AND PROCESSING FEE INCREASES .................................... 18
9.5 COSTS OF UNCERTAIN NATURE .................................................................................................. 18
9.6 CHANGE IN RECYCLABLE MARKETS/COSTS ........................................................................... 19
ARTICLE X - BILLING SERVICES AND CUSTOMER EDUCATION
10.1 CONTRACTOR BILLING ................................................................................................................. 19
10.2 COLLECTION FOR NON-PAYMENT ............................................................................................. 19
10.3 SUSPENDING COLLECTION FROM PROBLEM CUSTOMERS .................................................. 20
10.4 PROMOTION AND EDUCATION .................................................................................................... 20
ARTICLE XI - DEFAULTS
11.1 TERMINATION ...................................................................................................................................21
11.2 LIQUIDATED DAMAGES ..................................................................................................................21
ARTICLE XII – ANNEXATION
12.1 FRANCHISE RIGHTS/ANNEXATTONS ........................................................................................... 22
ARTICLE XIII - MISCELLANEOUS
13.1 NON-WAIVER ...................................................................................................................................... 23
13.2 NOTICES .............................................................................................................................................. 23
13.3 SEVERABILITY .................................................................................................................................. 23
13.4 ENTIRE AGREEMENT........................................................................................................................ 23
13.5 ATTORNEYS' FEES ............................................................................................................................. 23
13.6 CHANGE IN RATE OR SERVICE ..................................................................................................... 23
13.7 ASSIGNMENT ...................................................................................................................................... 24
13.8 FORCE MAJEURE ............................................................................................................................... 24
13.9 APPLICABLE LAW/VENUE............................................................................................................... 24
v
13.10 INDEPENDENT CONTRACTOR ........................................................................................................ 24
13.11 SUBCONTRACTING ........................................................................................................................... 24
13.12 TAXES AND FEES .............................................................................................................................. 24
13.13 INSOLVENCY AND RIGHT TO TERMINATE CONTRACT .......................................................... 24
13.14 RESERVATION OF MUNICIPAL AUTHORITY .............................................................................. 25
13.15 SUCCESSORS AND ASSIGNS ........................................................................................................... 25
13.16 CORPORATE AUTHORITY ............................................................................................................... 25
13.17 DISPUTE RESOLUTION ..................................................................................................................... 25
Exhibit A: List of City Facilities and Events
Exhibit B: Service Rate Schedule
Exhibit C: Contingency Plan
Exhibit D: Recyclable Materials
Exhibit E: Airport Storage Area Map
PAGE - 1
CONTRACT FOR SOLID WASTE,
RECYCLING, AND COMPOSTABLE ORGANICS COLLECTION, AND DISPOSAL
BETWEEN THE CITY OF ARLINGTON, WASHINGTON
AND WASTE MANAGEMENT OF WASHINGTON, INC.
RECITALS
WHEREAS, the City of Arlington, a Washington municipal corporation (the "City"), has
negotiated with Waste Management of Washington, Inc., a Delaware corporation (the "Contractor"), for
solid waste collection and recycling pick-up services; and
WHEREAS, solid waste collection service is a fundamental municipal function with uniform,
managed collection necessary for the preservation of public health; and
WHEREAS, Contractor represents that it has the experience, resources, and expertise necessary
to perform solid waste collection services; and
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 Garbage within the
City of Arlington; and
WHEREAS, the City agrees to adopt such modifications to its solid waste ordinances as are
necessary to reflect this agreement; and
WHEREAS, this contract is subject to the adoption of such ordinance modifications and to
the rights of any third parties regarding franchises provided for pursuant to RCW 35.13.280; and
WHEREAS, the City Council finds that by entering into this contract for the collection of
Recyclables and Garbage, the citizens of the City will receive a greater variety of Garbage services at
more stable rates; and
WHEREAS, the City and Contractor have negotiated a mutually advantageous proposal for
providing solid waste collection services and the City Council has determined that the City should
enter into a contract with Contractor for the collection and disposal of Garbage, recycling and yard
debris within the City;
PAGE - 2
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFITS AND
COVENANTS STATED HEREIN THE PARTIES AGREE AS FOLLOWS:
DEFINITIONS
For the purposes of this Contract the following terms shall have the following meanings:
Adjustment Date: means the date that occurs annually on September 1st.
Bagster: means a "dumpster in a bag" product which can hold up to three cubic yards of debris
and other solid waste materials and is serviced by a special roll-off collection vehicle operated by
Contractor. Bagster products may be purchased by customers in local home improvement retail
stores.
Blowing: means materials collected on route blowing out or off of the truck.
Bulky Waste/Items: Couches, chairs, mattresses, appliances and other large items that do
not fit into the standard Residential or Commercial Garbage truck.
Cart: means Contractor owned wheeled cart that is a plastic container with 20, 35, 64 or 96
gallons of capacity; designed for and used with a hydraulic lifting mechanism; fitted with a sturdy
handle and a cover; is rodent and insect resistant; and is capable of holding collected liquids without
spilling when in an upright position; and can be used for garbage, organics and recyclable collection.
Carry Out Service: means the servicing of carts by Contractor which are not placed
Curbside by the customer for collection, but rather require the Contractor to enter onto Customer's
property and roll-out or carry-out carts to Contractor's collection vehicle. Customers may request a
carry out service for an additional fee as set forth in Exhibit A, and such fees are charged based upon
the distance from Contractor’s collection vehicle. Carry out service for Senior Citizens and
Physically Disabled Persons as set forth in Section 2.1.4.
City: The City of Arlington, Washington
Commercial/Industrial Customers: Non-Residential customers including businesses,
institutions, governmental agencies, Multi-Family customers with Commercial accounts and all
other users of commercial type Garbage collection services.
Commercial Recycling Customers: Commercial/Industrial customers who voluntarily sign
up for this service.
Compostable Organics: Means any organic waste materials that are source separated for
collection, such as Yard Debris and Food Waste.
PAGE - 3
Food Waste: All compostable pre- and post-consumer food scraps, such as whole or partial
pieces of produce, meats, bones, cheese, bread, cereals, coffe e grounds and egg shells, and food-
soiled paper such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes,
pizza boxes, or other paper products accepted by the Contractor's selected composting site. Food
scraps shall not include large dead animals, plastics, diapers, cat litter, liquid wastes, pet wastes or
other materials prohibited by the selected composting facility.
Yard Debris: Leaves, grass and clippings of woody, as well as fleshy plants. Unflocked
whole holiday trees are acceptable. Materials larger than four (4) inches in diameter or four (4) feet
in length are excluded. Bundles of Yard Debris up to two (2) feet by two (2) feet by four (4) feet
in dimension shall be allowed and shall be secured by degradable string or twine, not nylon or other
synthetic materials. Kraft paper bags and untied reusable bags may be used to contain Yard Debris.
Contractor: Waste Management of Washington Inc., which has contracted with the City of
Arlington to collect, process, market and transport Garbage/Solid Waste, Recyclable Materials, and
Compostable Organics within the City limits.
County: Snohomish County, Washington.
Contract Administrator: The Public Works Director or a person designated by that individual.
Curb or Curbside: The area within five (5) feet of the Public Street or alley where regular
collection occurs. If safe access is difficult or extraordinary circumstances preclude such a location,
curbside shall be considered a placement suitable to the resident, c onvenient to the Contractor's
equipment, and mutually agreed to by the Administrator and Contractor.
Customer: means any residential, multifamily, commercial, or industrial customer who
generates Garbage/Solid Waste, Recyclables, or Compostable Organics within the City.
Garbage/Solid Waste: All putrescible and non-putrescible solid and semi-solid wastes,
including, but not limited to, rubbish, ashes, industrial wastes, swill, demolition and construction
wastes, and discarded commodities that are placed by customers of the Contractor in appropriate
bins, bags, cans or other receptacles for collection and disposal by the Contractor. The term Garbage
shall not include Hazardous Wastes, Special Wastes, source -separated Recyclables or Compostable
Organics.
Disposal Fee: The fee charged by to the Contractor for the disposal of any Garbage or Solid
Waste
Excluded Materials: means any waste tires, radioactive, volatile, corrosive, flammable,
explosive, biomedical, infectious, bio-hazardous, regulated medical or hazardous waste, toxic substance
or material, as defined by, characterized or listed under applicable federal, state, or local laws or
regulations, or chemical or other properties that are deleterious or capable of causing material damage
to any part of Contractor’s property, its personnel or the public or materially impair the strength or the
PAGE - 4
durability of the Contractor’s structures or equipment, or any materials containing information (in hard
copy or electronic format, or otherwise) which information is protected or regulated under any local,
state or federal privacy or data security laws, including, but not limited to the Health Insurance
Portability and Accountability Act of 1996, as amended, or other regulations or ordinances or other
waste not approved in writing by Contractor. Excluded Materials also exclude materials which contain
any amount of Excluded Materials.
Hazardous Waste: The waste, material or substance that is not excluded from regulation as
"hazardous waste," "hazardous substance," or "dangerous waste" by application of regulations
adopted by the United States Environmental Protection Agency or the Washington State Department
of Ecology and that now or hereafter:
(a) is required to be dealt with as a hazardous waste under regulations promulgated by the
United States Environmental Protection Agency at 40 CFR part 261 ; or
(b) contains a radioactive material the storage or disposal of which is regulated by state or
federal law or regulation; or
(c) is designated a "dangerous waste" or "extremely hazardous waste" by regulations adopted
pursuant to Chapter 70.105 RCW; or
(d) is required to be dealt with as a hazardous substance under chapter 70.105D RCW and
regulations promulgated by the Washington Department of Ecology at chapter 173 -340
WAC.
Inaccessible Area: Any road that does not allow safe access, tum-around, clearance or does
not meet the weight requirements for the trucks.
Mixed Paper: Magazines, junk mail, phone books, bond or ledger grade paper, cardboard and
paper board packaging. Tissue paper, paper towels, and frozen food containers are excluded.
Multi-Family Residence: All Multi-Family complexes including apartments, condominiums,
town houses, and mobile home parks with two (2) or more dwelling units (or any complex that
is billed as a group), where single family collection service is not conveniently provided.
Public Street: A public right a way used for public travel and owned by the City.
Non-Regular Scheduled/Temporary Service: means, any non-permanent, temporary
service requested by a customer and available by the Contractor to bill for. These requested
services will be provided by the Contractor and billed directly to the customer by Contractor. City
will refer these types of service requests to Contractor for set up, service scheduling and billing.
Physically Challenged Persons: means disabled persons or any other residential customer
who is not physically able to move carts out to the Curbside, as determined based upon criteria
reasonably established by the Contractor, with input from the City. Requests must be made to the
Contractor in writing for such designation, and the customer household cannot have another able-
bodied person living in the home who is capable of rolling carts out to the Curbside.
PAGE - 5
Recyclable Materials: Those certain items as contained in Attachment D.
Recycling Carts: A Contractor-owned and provided labeled cart suitable for on-site collection
and/or storage of source-separated Recyclables and Compostable Organics at Residential and Multi-
Family locations.
Residence: A living space individually rented, leased, or owned.
Senior Citizen: means any residential customer where all residents in the household are at
least sixty-two years of age.
Service Area: The municipal boundaries of the City both now and as they may be expanded
by annexation during the life of the contract, subject to the provisions of RCW 35.13.280.
Single Family Residence: All single unit houses, duplexes, and mobile homes where service
is billed to the individual customer.
Single Stream Recycling: also known as "fully co-mingled" recycling refers to a system in
which all Recyclable Materials are placed together in the same Recycling Cart, instead of being
sorted into separate commodities by the resident.
Special Waste: The term "Special Waste" means polychlorinated biphenyl ("PCB") wastes,
industrial process wastes, asbestos containing materials, petroleum contaminated soils, treated/de
characterized wastes, incinerator ash, medical wastes, demolition debris and other materials requiring
special handling in accordance with applicable federal, state, county or local laws or regulations.
White Goods: Means large household appliances such as washers, dryers, stoves, refrigerators
(not containing CFCs), dishwashers, and other similar appliances.
WUTC: Means the Washington Utilities and Transportation Commission (WUTC), which
regulates solid waste collection in the unincorporated areas of the County.
PAGE - 6
ARTICLE I - AGREEMENT, TERM
1.1 Agreement
The City of Arlington (hereinafter referred to as "City"), hereby agrees that Waste
Management of Washington Inc. (hereinafter referred to as "Contractor"), shall have the exclusive
right to collect Garbage/Solid Waste, Recyclable Material and Compostable Organics within the city
limits, to the extent allowed by law, including all work incidental thereto, upon the terms and
conditions set forth below.
1.2 Term
The initial term of this Contract is ten years, starting September 1, 2010, and expiring
August 31, 2020. The parties agreed to exercise one (1) of the two (2) year extensions on or about
April 15, 2013, thus extending the term of this Contract to August 31, 2022. The parties may, by
mutual agreement, extend the agreement for an additional period of two (2) years. Any such
extension shall be under the original terms and conditions of this Contr act. To exercise the option
to extend this Contract, the parties shall agree in writing not less than 180 days prior to the then
expiring Contract term. may, by mutual agreement,agree to extend the agreement for two (2)
successive periods of two (2) years each, extending the Term to August 31, 2024. Any such
extensions shall be under the original terms and conditions of this Contract. To exercise the option
to extend this Contract, the parties shall agree in writing not less than 180 days prior to the then
expiring Contract term.
1.3 Exclusive Right. The City does hereby grant to Contractor the exclusive duty, right and
privilege to collect and dispose, process and market or otherwise handle all residential, commercial,
and industrial Solid Waste generated, deposited, accumulated or otherwise coming to exist in the
City, and all residential/multi-family Recyclable Materials and Compostable Organics generated,
deposited, accumulated or otherwise coming to exist in the City.
1.4 Franchise Enforcement When asked by the Contractor, the City shall use reasonable efforts
to protect this right of the Contractor; however, the City shall not be obligated to join or instigate
litigation to protect the right of the Contractor. The Contractor may independently enforce the
exclusive rights under this Contract against third party violators, including but not limited to seeking
injunctive relief, and the City shall use good faith efforts to cooperate with Contractor in Contractor's
actions to enforce such rights (without obligating the City to join any litigation initiated by
Contractor).
ARTICLE II - GENERAL OPERATIONS
2.1 General
The services to be performed consist of the collection of all Garbage, Recyclable Material,
and Compostable Organics herein referred to which occur within the City of Arlington and disposal
or recycling thereof. The collection of Hazardous Waste is not inc luded within the scope of this
PAGE - 7
Agreement, and Contractor shall be under no obligation to collect any Hazardous Waste. Nothing
herein is intended to prevent Contractor from collecting, transporting and/or disposing of any non -
hazardous or hazardous toxic waste in accordance with applicable federal and state requirements and
regulations, so long as such actions are performed separate and apart from any action taken in the
performance of this Agreement.
2.2 Collection Schedule and Hours of Operations
The collection of Garbage, Recyclable Materials and Compostable Organics from Single
Family and Multi-Family customers within the City shall be between the hours of 7:00 AM and 6:00
PM Monday through Friday, unless otherwise agreed to in writing by the City and Contractor. The
collection of Commercial customers will be between the hours of 5:00 AM and 6:00 PM Monday
through Friday. Recycling will be collected every other week whereas garbage and compostable
organics will be collected weekly.
2.3 Collection Locations
Contractor shall collect Garbage, Recyclable Materials and Compostable Organics at Curbside
from all Single Family Residences and Multi -Family Residences. Contractor may refuse to pick up
materials at locations identified by Contractor and approved by the City, acting reasonably, where,
because of the conditions of the streets, alleys or roads, it is impractical to operate vehicles, and may
refuse to drive into private property where driveways or roads are without adequate turnarounds or
have other unsafe conditions.
2.4 Collection from Senior Citizens and Physically Challenged Persons
The Contractor shall offer carry-out service for Garbage, Recyclables and Compostable
Organics of up to fifty (50) feet from Contractor's vehicle to qualifying Senior Citizens and Physically
Challenged Persons lacking the ability to place containers at the Curb, at no additional charge. The
Contractor shall use qualification criteria that are fair and meet the needs of the City's senior residents.
These criteria shall comply with all local, state and federal regulations, and shall be subject to City
review and approval prior to program implementation.
2.5 Senior Citizen Discount
Senior Citizens must be 62 years of age and will be required to send proof of age (driver's
license or identification card) to Waste Management Customer Service Center. Once proof of age is
received, a 10% discount will be applied to the account.
2.6 Dangerous Animals
Contractor will not be required to enter into private property to pick up materials while an
animal considered or feared to be vicious is loose.
2.7 Employees to Use walks if Carry-out Service Directed
Employees, in collecting Garbage and Recyclable Materials, shall follow the regular walks
for pedestrians while on private property returning to the street or alley after replacing empty cans.
They shall also replace all Garbage cans and covers and close all gates opened by them. All employees
shall wear clean clothing or uniforms.
PAGE - 8
2.8 Employees Not to Trespass
Employees shall not trespass or loiter, cross property to an adjoining premise, or meddle with
property which does not concern them.
2.9 Contractor to Make Examination
Contractor shall make its own examination and investigation regarding the proper method of
doing the work and all conditions affecting the work to be done, and the labor, equipment and
materials needed therefore and the quantity of work to be performed. Contractor agrees that it is
satisfied with its own investigation and research, and will make no claim against City because of any
of the estimates, statements, or interpretations made by any officer or agent of the City. This
Agreement is for the benefit of the parties thereto and is not intended to inure to the benefit of any
third party.
2.10 Employees
All workers employed by Contractor shall be competent and skilled in the performance of the
work to which they may be assigned. All drivers must have a C.D.L. "B" or "A" license and a current
medical card. Failure or delay in the performance of this Contract due to Contractor's inability to
obtain workers of the number and scope required, shall constitute a default of this contra ct.
2.11 Non-Discrimination
The Contractor will not discriminate against any employee or applicant for employment
because of age, race, religion, creed, color, sex, marital status, sexual orientation, political ideology,
ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based
on a bona fide occupational qualification. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to their
creed, religion, race, color, sex, marital status, sexual orientation, political ideology, ancestry, national
origin, or the presence of any sensory, mental or physical handicap. Such action shall include, but not
be limited to the following: Employment upgrading; demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and, selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment any required notices setting forth the provisions of this
nondiscrimination clause. Contractor understands and agrees that if it violates this nondiscrimination
provision, this contract may be terminated by the City and further that the Contractor shall be barred
from performing any services for the City now or in the future, unless a showing is made satisfactorily
to the City that discriminatory practices have terminated and that recurrence of such action is unlikely.
2.12 OSHA/WISHA
Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the
Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued
under these Acts from time-to-time must be complied with. The Contractor shall indemnify and hold
harmless the City from all damages assessed for the Contractor's failure to comply with the acts and
standards issued there under. The Contractor is also responsible for meeting all pertinent local, state
PAGE - 9
and federal health and environmental regulations and standards applying to the operation of the
collection processing system.
2.13 Compliance with Laws
Contractor agrees to comply, at its own expense, with all applicable State, Federal and Local
laws, rules and regulations, including, but not limited to, all applicable laws regarding wages.
2.14 Employees to be Courteous, Etc.
Employees of Contractor shall be courteous at all times and not use loud or profane language
and shall do their work as quietly as possible.
2.15 Company Name
Contractor shall not use a firm name containing any words implying municipal ownership or
including the name of the City.
2.16 Contractor's Offices
Contractor shall be required to maintain a local access telephone number or a 800 number
which meets the approval of the City, and such attendants as may be necessary to take care of
complaints, as well as orders for special service or to receive instruction. The attendant shall be on
duty between the hours of 8:00 a.m. and 5:00 p.m. PST, Monday through Friday, except holidays. At
such times as the office is closed, a recorder shall be in operation. The contractor shall maintain a
website for customer use 24 hours per day 7 days per week at www.wmnorthwest.com/arlington The
website must provide a separate address for the City of Arlington that can accept electronic
communication.
2.17 Permits
Contractor shall take out and pay for any business license or other fee required by the City or
any other governmental authority which may be required to provide the services under this Contract.
2.18 Public Utilities
Contractor shall be obligated to protect all public and private utilities whether occupying
street, public or private property. If such utilities are damaged by reason of Contr actor's operations
under this Contract, he shall repair or replace same.
2.19 Loading
Extra care shall be taken in the loading and transporting of Garbage, Recyclables,
Compostable Organics and other wastes so that the material to be collected is not left either on private
property or on the streets or alleys. Any Garbage, Recyclables, Compostable Organics or other wastes
left on private property or on streets or alleys spilled by Contractor shall be cleaned up within 24
hours of received complaint.
2.20 Cleanup of Spills
All loads collected by the Contractor shall be completely contained in collection vehicles at all
times, except when material is actually being loaded. Hoppers on all collection vehicles shall be
PAGE - 10
operated so as to prevent blowing or spillage of materials. Any blowing or spillage of materials either
caused by Contractor or that occurs during collection shall be immediately cleaned up by the
Contractor at its expense. Prior to any collection vehicle leaving a collection route and/or operating
on any roads with a speed limit higher than 25 miles per hour, Contractor shall completely close any
collection vehicle openings where materials may blow out, and thoroughly inspect for and remove
any collected materials inadvertently spilled on top of the collection vehicle to prevent release or
littering of this material. Spillage not immediately cleaned up shall be cause for performance fees, as
described in Section 11.2.
All vehicles used in the performance of this Contract shall be required to carry and regularly maintain
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, blowing materials, litter, leaks and spillage of Contractor vehicle
fluids and leachate. Spill kits shall also inc lude employee spill containment instructions and
procedures as well as a regularly updated list of emergency contacts. The Contractor shall develop
spill response procedures for review and approval by the City before initiating any work under this
Contract. All Contractor vehicle drivers shall be provided with annual hands-on training on the
location, maintenance, and use of spill kits and associated containment and notification procedures.
All Drop Box Container loads (both open and compactor) shall be pr operly and thoroughly covered
or tarped to prevent any spillage of material prior to Contractor vehicle entering any Private Road or
Public Street.
2.21 Disruption of Collection Due to Weather
When weather conditions are such that continued operation would result in danger to the
Contractor's staff, area residents, or property, the Contractor shall collect only in areas that do not
pose a danger. The Contractor shall notify the City, on the same business day, of the areas not served.
The Contractor shall collect Garbage, Recyclables and Yard Debris from customers with
interrupted service on their next scheduled service day. Extra Garbage will not be charged for as long
as it does not exceed double their normal service.
2.22 Holiday Schedules
The Contractor shall designate which holidays will be observed and indicate the schedule that
will be worked if the holiday falls on a regular collection day. The holiday schedule for the next year
shall be provided in writing by the Contractor to the City annually on or be fore November 15 of the
prior year. When the day of regular collection is a legal holiday, the Contractor may reschedule the
service to the next day, example: Monday to Tuesdays, Tuesday to Wednesday, Wednesday to
Thursday, Thursday to Friday and Friday to Saturday. The Contractor may not collect Residential
Garbage, Recyclables or Yard Debris earlier than the regular collection day due to a holiday.
Commercial collections may be made one day early only with the consent of the Commercial
Customer.
2.23 Missed and Makeup Collections
PAGE - 11
If the Contractor fails to collect a customer's Garbage, Recyclable Material or Compostable
Organics which have been properly and timely set out for collection during a regularly scheduled
collection, other than as provided in Section 2.10.1 or 2.10.2, the 'contractor shall make a special
make up collection within 24 hours (or one business day) of notification by the City or customer.
This section applies to omitted collections of a single residence, a row of residences, or an entire
route. If Contractor fails to provide a special pickup for a missed collection within twenty-four (24)
hours (or one business day) after notification by the Contract Administrator or customer, the Contract
Administrator may cause the work to be done and the Contractor shall fully reimburse the City for
its collection expenses. In addition, contractor will be responsible for liquidated damages per section
11.2.
2.24 Collection Equipment
Contractor shall possess or demonstrate to the City's reasonable satisfaction that it has
available to it adequate equipment and vehicles, including reserve or replacement vehicles and
equipment, sufficient to perform the services required of Contractor herein. Contractor shall maintain
all trucks and equipment used within the City in good mechanical condition and the same shall be
clean, numbered and uniformly painted. All truck bodies used by Contractor shall be constructed of
metal and shall be watertight and leak proof. Each vehicle used by Contractor shall carry at all times
a broom and shovel or other item appropriate for use in the prompt removal of any spilled material.
All vehicles used by Contractor shall have adequate coverage at all times to pre vent the spillage of
Solid Waste.
2.25 Reserve Equipment
The number and type of collection vehicles, including back up or reserve equipment in event
of equipment failure, furnished by Contractor, shall be sufficient for the collection of all Garbage,
Recyclable Materials and Yard Debris. Contractor shall make available for rental detachable
containers which meet all applicable safety requirements.
2.26 Painting and Cleaning of Vehicles
Collection vehicles shall be painted and numbered and shall have the Contractor's name and
number of the vehicles painted in letters of a contrasting color, at least four (4) inches high on each
side of each vehicle. No advertising shall be permitted other than the name of the Contractor. All
vehicles shall be kept in a clean and sanitary condition.
2.27 Subcontractors
Contractor may not subcontract any portion of the services required by this Contract without
the specific written consent of the Contract Administrator, which shall not be unreasonably withheld
. Such consent shall not relieve Contractor from its responsibilities under this Contract for the services
performed by a subcontractor.
2.28 Method of Processing and Disposal
Contractor shall deliver all Garbage, Recyclable Materials and Commercial Organics
collected under the Contract to permitted facilities of its choosing, as approved by the Snohomish
County Solid Waste Division and Snohomish County Health Department, for the processing or
PAGE - 12
disposal of such materials.
2.29 Service to City Facilities
As partial consideration for this Contract, Contractor shall provide free collection of regularly
generated Garbage and Recyclables from all City facilities and three annual city events listed in
Exhibit A. . Contractor shall provide free collection of Garbage and Recyclables from all Airport
Administrative and Maintenance Buildings, and the Municipal Airport shall provide storage space
for Contractor's detachable garbage containers. Quantity of containers to be stored shall be reasonably
approved by the Airport Manager .A map of the Contractor’s storage space at the airport is included
as Exhibit E. Contractor reserves the right to discontinue free collection of Garbage and Recyclables
from all Airport Administrative and Maintenance Buildings in the eve nt the Municipal Airport
reduces available storage space.
A list of current City facilities and annual events is attached as Exhibit A.
If there is a material increase in the number of City facilities during the term of this Contract,
then the Parties shall meet and confer in good faith to negotiate an appropriate adjustment to
Contractor's rates set forth herein.
2.30 Compliance with Laws
Contractor shall comply with all applicable local, state and federal regulations and laws
regarding the collection, transfer and disposal of Garbage, Recyclable Materials, and Compostable
Organics pursuant to this contract.
2.31 Service Area
The Contractor shall provide all services pursuant to this Contract within the City
Service Area.
2.32 Carts and Containers.
Contractor shall retain ownership of any Carts or other containers provided by Contractor in
performing the services under this Contract. Cart deliveries (for new or replacement Carts) shall be
subject to the service rate schedule in Exhibit AB. Contractor shall deliver Carts necessary to meet
the service requirements set forth under this Contract upon a delivery schedule to be mutually agreed
upon by the contractor and the City.
ARTICLE III - REPORTING REQUIREMENTS
3.1 Reporting Requirements
The Contractor will be required to keep records and submit them to the City as specified
below. The minimum reporting requirements set forth below are subject to modification, and shall
include:
3.2 Annual Program Reports
PAGE - 13
The Contractor shall submit Annual program reports for the length of the Contract period
commencing upon the initial day of the Contract. These reports shall be completed by February 15
for the previous calendar year. The City may request program reports at any time during the calendar
year but allowing the Contractor 30 days to prepare the reports. These reports shall clearly indicate
individual totals for single family, multi-family and commercial collection. At a minimum, the reports
shall include:
a. Monthly summary of Recyclable Materials and Compostable Organics by tonnage,
collected and recovered (not disposed of at landfill), by customer category.
b. Residential Recycle participation (Count customers twice a year, April & October)
c. Monthly summary of solid waste tonnage, by customer category.
d. Customer complaint report, missed pick ups, missed deliveries, etc.
3.3 Monthly Program Reports
The Contractor shall submit monthly program reports for the length of the Contract period
commencing upon the initial day of the Contract. These reports shall be completed at the end of the
month for the month prior. These reports shall clearly indicate individual totals for single family,
multi family and commercial collection. At a minimum, the reports shall include:
a. Monthly summary of recyclable materials and yard debris by tonnage, collected and
recovered (not disposed of at landfill), by customer category.
b. Approximate resident participation rates in terms of weekly and monthly set out
counts.
c. Total number of recycling bins that have been distributed to residents.
d. Monthly summary of solid waste tonnage, collected and disposed of at a landfill, by
customer category.
3.4 Contractor's Records; Access Inspection
The City shall have the right to inspect and copy all books, records and documents, and to
interview any person, and to review any evidence in Contractor's possession and control that may
assist the City in determining whether the Contractor is in compliance with the Contract.
ARTICLE IV
INSURANCE AND SAFEGUARDS
4.1 Insurance General Requirements
Subsequent to the award but prior to the execution of this Contract, the Contractor at its
own expense shall obtain and file with the City a Certificate of Insurance evidencing general
comprehensive liability insurance coverage (including all of the coverages set forth below). This
Certificate of Insurance shall be subject to approval by the City as to company, terms and coverages.
All insurance shall be written on an occurrence basis.
PAGE - 14
4.2 Additional Insurance
Contractor's liability insurance must specifically name the City as an additional insured
thereunder and must fully protect the City from any and all claims, risks and losses in connection
with any activities or omissions by the Contractor by virtue of thi s Contract.
4.3 Continuance
Contractor's liability insurance must be maintained in full force and effect at the
Contractor's sole expense for liability for property damage or personal injury that may occur in
connection with activities or omissions by the Contractor arising under or related to this Contract.
The City shall be given forty-five (45) calendar days prior written notice, by certified mail, of any
cancellation, lapse, reduction or modification of such insurance.
4.4 Endorsements
Said insurance policy and/or an endorsement thereto, as evidenced by the Certificate of
Insurance, must provide the following minimum coverages and limits and contain the following
provisions:
a. Bodily Injury
b. Employees as Additional Insured
c. Premises/Operations Liability (M&C)
d. Products and Completed Operations Liability
e. Blanket Contractual Liability
f. Broad Form Property Damage Liability (including completed operations)
g. Personal Injury with no employee exclusion
h. Stop Gap or Employers Contingent Liability
i. Automobile Liability, including coverage for owned, non-owned, leased or hired
vehicles
4.5 Minimum Limits
All Coverages: $1,000,000 per occurrence and $2,000,000 aggregate.
The providing of coverage in this stated amount shall not be construed to relieve the Contractor
from liability in excess of such limits. The City shall not be deemed or construed to have assessed
the risks that may be applicable to the Contractor under this Contract. Contractor will assess its own
risks and, if it deems appropriate and prudent, maintain greater limits.
4.6 Minimum Scope of Insurance
Automobile liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
proving equivalent liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
PAGE - 15
Commercial general liability insurance shall be written on ISO occurrence for CG 00 01 and
shall cover liability arising from premises, operations, independent contractors and personal injury
and advertising injury.
4.7 Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII .
4.8 Contractor's Insurance Primary
The Contractor's insurance coverage shall be primary insurance as respects the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the
Contractor's insurance and shall not contribute with it.
4.9 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 the
contract and related documents and pay all laborers, mechanics and subcontractors and material
persons, and all persons who shall provide such Contractor with provisions and supplies for the
carrying on of such work; which bond shall be signed by Contractor and two more good and
sufficient sureties or with Surety Company as Surety, and shall be in the amount of One Hundred
Thousand Dollars ($100,000.00). Said bond shall at all times be kept in full force and effect during
the term of this Agreement. Contractor agrees to pay all costs, including attorney's fees, associated
with the enforcement of said bond.
4.10 Indemnification
The Contractor shall indemnify and hold the City and its agents, employees, and/or officers,
harmless from and shall process and defend at its own expense any and all claims, demands, suits, at
law or equity, actions, penalties, loss, damages, or costs, of whatsoever kind or nature, brought against
the City arising out of, or in connection with, or incident to, the execution of this Contract and/or the
Contractor's performance or failure to perform any aspect of this Contract; provided, however, that if
such claims are caused by or result from the concurrent negligence of the City its agents, employees,
and/or officers, this indemnity provisions shall be valid and enforceable only to the extent of the
negligence of the Contractor and provided further, that nothing herein shall require the Contractor to
hold harmless or defend the City, its agents, employees, and/or officers for damages or loss caused
by the City's sole negligence. The provisions of this section shall survive the expiration or termination
of this Agreement.
4.11 Waiver of RCW Title 51
With respect to the obligations to hold harmless, indemnify and defend provided for herein,
as they relate to claims against the City, their officers, agents and employees, the Contractor agrees
to waive the Contractor's immunity under industrial insurance, Title 51 RCW, for any injury, sickness
or death suffered by the Contractor's employees which is caused by or arises out of the Contractor's
exercise of rights of privileges granted by this agreement. This waiver is mutually agr eed to by the
parties .
PAGE - 16
4.12 Compliance Required
Failure of the Contractor to fully comply with any and all of the terms of the foregoing
insurance or bond provisions shall be considered a material breach of this contract and unless cured
by Contractor within 7 days after written notification from the City, shall be cause for its immediate
termination at the option of the City.
ARTICLE V
GARBAGE COLLECTION
5.1 Garbage Collection:
Residential Garbage shall be collected by the Contractor, based on the frequency, service
levels and rates set forth in Exhibit B. Commercial and Multi-family Garbage shall be collected by
Contractor in accordance with the frequency, service levels and rates set forth in Exhibit B. Extra
charges may be assessed for materials loaded so as to lift a Cart or Detachable Container lid in excess
of six (6) inches from the normally closed position equivalent of up to an additional 32-gallon bag of
service, at the rates listed in Exhibit B. Contractor shall develop and maintain route lists in sufficient
detail to allow accurate recording and charging of all "extras." All "extras" shall be documented with
a date and time stamped photograph.
5.2 Carts
Residential Garbage will be collected in Contractor provided Carts or customer provided cans.
Extra materials which do not fit neatly within the customer's primary Cart/can shall be collected for
a fee as set forth in rate schedule and may be placed adjacent to the primary Cart/can in custome r
provided cans, bags, or other receptacles which can be safely collected by Contractor's personnel and
equipment. All Multi-Family Garbage and Commercial Garbage will be collected in Contractor
provided Carts or containers, and extra materials which do not fit neatly within the customer's primary
Cart or container shall be collected for a fee as set forth in rate schedule and may be placed adjacent
to the primary Cart or container in customer provided cans, bags, or other receptacles which can be
safely collected by Contractor's personnel and equipment. Commercial customers may provide their
own compactors or containers, provided such can be safely and effectively handled by Contractor’s
personnel and collection vehicles.
5.3 Bulky Items and White Goods:
Upon request from the City, the Contractor shall provide separate collection of bulky items
and white goods on a call-in basis. Residents will be charged fees according Service Rate Fees in
effect at the time of the request.
ARTICLE VI - CITY CLEANUPS
6.1 Spring Cleanup
The Contractor shall provide a city cleanup up to two times per year, in each case upon 30
days notice from the City. At each City cleanup day, contractor shall provide all necessary containers,
PAGE - 17
equipment, and labor without charge to customers in the City. Containers shall be located at a place
or places designated by the City. The contractor shall not receive additional compensation for cleanup
days. The contractor shall collect a maximum of fifty (50) tons of solid waste per year (in the
aggregate between the two events) at no cost to the customers or the City, and shall charge the City
only the amount of disposal fee for solid waste in excess of 50 tons.
ARTICLE VII - RECYCLABLE MATERIALS COLLECTION
7.1 General Recycling Provisions
Residential Recyclable Materials pursuant to Exhibit D shall be collected every other week,
on the same days as Garbage collection. The cost of Residential Recyclables collection shall be
included the rates for Residential Garbage collection set forth i n Exhibit B. Up to 64 gallons of extra
Recyclables which do not fit within the Contractor provided Cart will be collected free of charge
from Residential customers, but any additional materials shall be subject to the fees set forth in
Exhibit B. Multi-Family Recyclable Materials shall be collected every other week. The cost of Multi -
Family Recyclables collection shall be included the rates for Multi-family Garbage collection set
forth in Exhibit B. Commercial and industrial customers may receive Recyclable Materials
collection in roll-off containers or other commercial containers at a frequency and at rates as set
forth under separate contract between the Contractor and the Customer.
7.2 Recycling Carts:
Contractor will provide a 35-gallon cart or a 64-gallon cart to all Residential customers for
Single Stream Recycling. The default Cart size shall be 64 gallons, unless a customer requests a
different size. 96-gallon recycling carts may also be provided to Residential customers, upon request.
Commercial and Multifamily Recycling shall be collected either in Carts or containers provided by
Contractor, based upon the volume of service. Contractor will provide up to two (2) 96-gallon Carts
at no additional charge to all Commercial customers who subscribe to garbage service.
7.3 Contamination:
Materials set out by or on behalf of Customer may not contain non-recyclables and may
contain no Excluded Materials. In the event materials set out do not meet Specifications, the
materials may be rejected with notice to the Customer, or collected as garbage and Customer will be
charged a contamination service charge as listed in Exhibit B.
ARTICLE VIII - COMPOSTABLE ORGANICS COLLECTION
8.1 Compostable Organics Collection
Compostable Organics shall be collected from Residential customers who choose to
subscribe for such service, on weekly basis on the same days as Garbage collection, at the rates set
forth in Exhibit B. All Residential customers who sign up for Compostable Organics collection will
be provided a 96-gallon cart. Yard Waste and Food Waste may be commingled by Residential
PAGE - 18
customers in the Compostable Organics collection Cart. Small Commercial and Multifamily
customers may also participate in the Compostable Organics collection program, for the fees set forth
in Exhibit B. Such Commercial and Multifamily customers shall be provided a 96-gallon Cart.
8.2 Contamination:
Materials set out by or on behalf of Customer may not contain non-comporecyclablestables
and may contain no Excluded Materials. In the event materials set out do not meet Specifications,
the materials may be rejected with notice to the Customer, or collected as garbage and Customer will
be charged a contamination service charge as listed in Attachment Exhibit B.
ARTICLE IX - COMPENSATION
9.1 Contractor Rates
The Contractor shall charge the rates set forth in Exhibit B, as adjusted over time under this
Contract, for all services performed. The Contractor shall be responsible for billing and collecting
funds from Residential, Multi-family, Commercial and Industrial customers in accordance with the
charges listed in Exhibit "B" Service Rate Schedule.
9.2 CPI Adjustment
Commencing on September 1, 2013 and on the same date annually thereafter (the "Adjustment
Date"), the Contractor's collection service charges (excluding disposal fees) as set forth in Exhibit B-
Service Rate Schedule, as adjusted hereunder, shall be adjusted by 90% of the annual percent change
in the Consumer Price Index ("CPI") - for Seattle, Tacoma, Bremerton (1982-84 = 100) for All Urban
Consumers (CPI-U) as published by the Bureau of Labor Statistics for the most recent twelve month
period ending at least ninety days prior to the Adjustment Date.
9.3 Other Solid Waste Collection Services.
The Contractor may occasionally provide other services related to solid waste collection in
the City not specifically provided for under Exhibit B of this Agreement. The Contractor shall notify
the City and propose a customer rate for the service. Upon approval of the City, the Contractor may
proceed to offer that service.
9.4 Pass Through of Disposal and Processing Fee Increases.
Periodic adjustments shall be made to Contractor's collection rates to pass through any increase
in fees for disposal of Solid Waste or any increase in fees for the processing of Recyclable Materials
or Compostable Organics if such Recyclables or Compostable Organics are being processed at a third
party facility not owned or operated by Contractor.
9.5 Costs of an Uncertain Nature
The Contractor's service rates set by this Agreement are calcula ted to pay certain expenses
and costs that are of a contingent and uncertain nature . Therefore, in addition to the annual CPI
adjustment provided by Section 9.2, the Contractor's rates under this Agreement may, upon written
request of Contractor or City, which shall not be unreasonably withheld, be further adjusted on an
interim basis for increased or decreased expenses associated with performance of the servic es
PAGE - 19
hereunder due to any one or more of the following causes:
(a) material changes in Contractor's costs resulting from a Force Majeure event;
(b) changes in the scope or method of services provided by Contractor, changes in the
Franchise Fee, or other changes or fees required, initiated, or approved by the City;
(c) any change in law, statute, rule, regulation, ordinance, order or requirement of any
federal, state, regional or local government that is effective after the Effective Date of
this Agreement;
(d) a material increase in the volume of Solid Waste or Recyclable Materials or other
materials collected by Contractor hereunder, whether caused by customer growth
and/or annexation, or a material increase in the cost of diesel fuel; or
(e) any other extraordinary circumstances or causes or reasons that are not within the
reasonable control of Contractor.
If Contractor or City requests an adjustment due to the extraordinary circumstances set forth
above, Contractor or City shall prepare a rate adjustment request setting forth its calculation of the
increased or decreased costs and accompanying rate adjustment necessary to offset such increased or
decreased costs. The City or Contractor may request any and all documentation and data reasonably
necessary to evaluate such request by Contractor or City, and shall act within ninety (90) days of
receipt of the request from Contractor or City to either approve or disapprove the request, provided
that approval shall not be unreasonably withheld.
9.6 Changes in Recyclable Markets/Costs.
In the event that a change in applicable law or a material change in market cond itions occurs,
including but not limited to lack of commercially reasonable market availability for a type of
processed Recyclable Material, changes in market specifications affecting the salability of a type of
processed Recyclable Material, or changes affecting the recyclability or marketability of a type of
processed Recyclable Material (each a “Material Change”), and such Material Change has the effect
of materially altering the terms of this Agreement, or preventing or precluding compliance with one
or more provisions of this Agreement, or preventing, precluding or substantially affecting the
benefit(s) bargained for under this Agreement, including profits of Contractor, this Agreement shall
be modified or suspended as may be necessary to comply with, ameliorate, or prevent the detrimental
effects on the Agreement of, such Material Change. A party detrimentally affected by a Material
Change shall so notify the other party and request amendment to this Agreement accordingly, and
the Parties shall engage in good faith negotiations regarding such amendments of this Agreement
that reflect the extent to which the provisions hereof have been, or should be, so modified or
suspended. If a Material Change precludes or reduces any of Company’s Rates or other revenu es,
then the parties shall modify this Agreement in accordance with this provision in order that
Contractor can achieve, on an ongoing basis, profits that existed immediately prior to the Material
Change.
ARTICLE X - BILLING SERVICES AND CUSTOMER EDUCATION
PAGE - 20
10.1 Contractor Billing
Contractor shall be responsible for billing and collection of all charges, fees and taxes for the
collection of Solid Waste, Recyclable Materials and Compostable Organics pursuant to this contract.
Contractor shall also perform all customer service functions related to billing and responding to any
customer inquiries. .If City ever levies a utility tax or other gross receipts tax, Contractor agrees to
collect and remit such taxes to the City without any additional charge for the administrative expense
incurred in collection and remitting such taxes.
10.2 Collection for Non-Payment.
The Contractor may bill to customers a late payment fee, interest, NSF check charges, as
well as all costs associated with bad debt collection. Contractor may suspend or terminate service to
accounts that become more than sixty days past due, following fifteen days' written notice to the
customer, and/or may place a lien upon the customer's property, in accordance with applicable law.
If such service is reactivated, Contractor may charge a reactivation fee and/or may require a deposit
from the customer.
10.3 Suspending Collection from Problem Customers
The City and Contractor acknowledge that, from time to time, some Customers may cause
disruptions or conflicts that make continued service to that Customer unreasonable. Those disruptions
or conflicts may include, but not be limited to, repeated damage to Contractor -owned containers,
repeated refusal to position Garbage, Recycling and Compostables Carts properly for automated
collection, repeated suspect claims of timely set-out followed by demands for return collection at no
charge, repeated claims of Contractor damage to a Customer's property, or other such problems.
The Contractor shall make every reasonable effort to provide service to those problem
Customers. However, the Contractor may deny or discontinue service to a problem Customer if
reasonable efforts to accommodate the Customer and to provide services fail. If the Customer submits
a written letter to the City appealing the Contractor decision, the City may, at its discretion, intervene
in the dispute. In this event, the decision of the City shall be final. The City may also require the
denial or discontinuance of service to any Customer who is abusing the service or is determined to be
ineligible.
10.4 Promotion and Education
The City shall have primary responsibility for developing, designing and executing general
waste reduction/recycling public education and outreach programs, with the assistance and
cooperation of the Contractor. The Contractor shall have primary responsibility for providing service -
oriented information and outreach to Customers and implementing on-going recycling promotion, at
the direction of the City.
The Contractor shall maintain a complete list of all Multifamily complex and Commercial
Customer sites within the City Service Area, and the status of each site's participation in Contractor
provided services. The Contractor shall annually contact by mail the manager or owner of each site
to encourage participation and inform the manager or owner of all available services and ways to
decrease Garbage generation. Printed informational materials discussing waste prevention and
PAGE - 21
recycling service options shall be prepared and distributed to support contact with Multifamily
complex and Commercial Customer sites. This contact shall be coordinated with City and County
promotional efforts. The Contractor shall include with its annual report the list of Multifamily
complex and Commercial Customer sites; Garbage, Recycling and Compostables status; container
sizes, service frequency, and types; Customer contact dates of such contacts; and suggestions for
increasing participation or other program improvements.
The Contractor shall keep the public informed of programs and encourage participation
through an Annual Service Update. Each fall, the Contractor shall provide an Annual Service Update
for each service sector, the format, content and timeframe of which shall be subject to prior review
and approval by the City. The Annual Service Update shall be mailed to all Customers and, at a
minimum, shall include an informational brochure indicating rates, all services available, preparation
and other service requirements, contact information, inclement weather and other policies, a
collection calendar and other useful Customer information.
The Contractor shall develop, print, periodically update and maintain sufficient quantities of
new Customer information materials, the format and content of which shall be subject to prior review
and approval by the City. Upon approval, materials shall be mailed to every new Customer prior to
the Customer's first billing and shall, at a minimum, include a statement of appli cable rules and service
policies, rates, services and preparation requirements, collection days in calendar format, Contractor
customer service information and City contact information.
The Contractor shall permit the City to insert, at no charge, single -sheet information bulletins
into Customer bills three times per year. When the insert is beyond one page and increases Contractor
cost, the City shall pay the incremental difference. The City shall work cooperatively with the
Contractor for timely inclusion of such materials.
ARTICLE XI - DEFAULTS
11.1 Termination
The failure of Contractor to comply with the material terms of this Contract within ten (10)
days after having received written notice by certified mail, return receipt requested, at its mailing
address from City, and a thirty (30) day opportunity to cure such defects, shall constitute grounds for
termination of the Contract at the option of the City.
11.2 Liquidated Damages
As a breach of the service provided by this Contract would cause serious and substantial
damage to City and its residents, and the nature of this Contract would render it impracticable or
extremely difficult to fix the actual damage sustained by City by such breach, it is agreed that in case
of breach of service, City may elect to collect liquidated damages for each such breach and Contractor
shall pay City as liquidated damages and not as penalty, the amount set forth below, such sums being
the amount which City will be damaged by the breach of such services. An election to seek su ch
remedy shall not be construed as a waiver of any remedies City may have as to any subsequent breach
of services under this Contract.
PAGE - 22
Missed collection that is not collected within a 24 hour period after being notified , a
$50.00 per incident to a maximum of $500 per truck per day. The number of trucks is
determined by the average number of trucks for the previous month, prior to the event.
A truck making Residential collection prior to 7:00 a. m, or after 6:00 p.m. without city
approval per day…….$50.00
Repetition of Complaints on a route after notification to replace can
or detachable container in designated locations, spilling, not closing
gate, crossing planted areas, or similar violations...........$25.00
Landfilling or burning uncontaminated Recyclable Material without
the express written consent of the Contract Administrator per vehicle
no maximum................$25.00
Liquidated Damages will be reasonably applied and may be levied only if documented in an
incident report presented by the City to the Contractor. The Contractor shall be notified and provided
a copy of an incident report and shall be given 24 hours to cure the problem (if applicable) before
Liquidated Damages are invoiced to the Contractor, except in the case of incidents for which, due to
the nature of the event, a "cure" is not possible. Such liquidated damages as City shall elect to collect
shall be billed to Contractor and be paid within twenty (20) days. Application of these damages may
be appealed within ten (10) days by Contractor to the Contract Administrator, whose decision shall
be final.
Pursuant to Section 13.8 of the Contract, labor disturbances, such as strikes and lockouts, which
are not reasonably within the control of the party affected are Force Majeure events. However,
notwithstanding Section 11.2 the City may assess the first liquidated damage item listed above for
missed collections due to labor disturbance Force Majeure events if make-up collections are not
performed within seven (7) days from the 24-hour make-up collection deadline.
ARTICLE XII - ANNEXATION
12.1 Franchise Rights/ Annexations
If, during the term of this Contract, additional territory is added to the City through annexation
or other means and the Contractor has an existing WUTC certificate or other franchise for collection
at the time of annexation, the Contractor agrees by accepting this Contract from the City, that the
certificate or franchise applicable to the annexed areas shall be deemed canceled on the effective date
of the annexation. The Contractor shall continue to service the newly annexed areas under the terms
and conditions set forth in this Contract.
This Contract is in lieu of a franchise as provided in RCW 35A.14.900. The Contractor agrees
PAGE - 23
that their certificate applicable to those annexation areas shall be cancelled effective the date of
annexation by the City. The Contractor expressly waives and r eleases 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 the Contractor prior to annexation, and further specifically
waives the right to receive any additional compensation or any rights of collection in the newly
annexed territory. The term during which the Contractor will service any future annexation areas shall
be ten (10) years, notwithstanding the term set forth in Section 1 of this Agreement.
ARTICLE XIII - MISCELLANEOUS
13.1 Non-Waiver
The failure of any party to enforce any contract provision is not and shall not
be construed as a waiver of that provision. The payment or acceptance of compensation subsequent
to any breach is not and shall not be construed as an acceptance of that breach. All waivers must
be in writing.
13.2 Notices
Any notices to be sent to the City of Arlington shall be sent to the Contract Administrator at
the following address:
Public Works Director
City of Arlington
238 N Olympic
Arlington, WA
Any notices sent to Waste Management of Washington, Inc. shall be sent to:
Area Director Public Sector Solutions
720 4th Ave, Suite 400
Kirkland, WA 98033
Copy to: Area Legal Counsel
720 4th Ave, Suite 400
Kirkland, WA 98033
13.3 Severability
If any provision of this Contract is held to be void, invalid or unenforceable under any
applicable law, the remaining provisions of the Contract shall remain in effect and bind the parties.
13.4 Entire Agreement
This Contract constitutes the entire agreement between City and Contractor, and there are no
promises, conditions, terms, obligations, statements, or guarantees other than those contained herein.
No modifications or amendments shall be valid unless in writing and fully executed by both parties.
PAGE - 24
13.5 Attorneys' Fees
In the event of any action or proceeding to enforce, interpret, construe, or otherwise resolve a
dispute between the parties arising from any term, condition or provision of this Contract, the
prevailing party in such action or proceeding shall be entitled to recover, in addition to all other
relief, from the other party, reasonable attorneys' fees incurred by the prevailing party in connection
with such action or proceeding, including but not limited to any appeal thereof.
13.6 Change in Rate or Service
Contractor shall give (60) days written notice to the Contract Administrator of any change
which affects the date of collection providing that no change in the terms of this Agreement may be
made unless agreed to in writing by the Contract Administrator.
13.7 Assignment
This contract may not be assigned or transferred by Contractor, nor shall Contractor
subcontract any part of this Contract, without the prior written consent of the City Council, as
evidenced by a City Resolution and the signature of the Mayor. The City may withhold its consent
to assignment or transfer of this Contract at its sole, subjective discretion. In the event of an
unauthorized assignment or transfer, the City reserves the right to cancel the Contract.
Notwithstanding the foregoing, Contractor may assign this Agreement to another subsidiary or
corporate affiliate of Contractor.
13.8 Force Majeure
Contractor shall not be deemed to be in default and shall not be liable for failure to perform
under this Agreement if Contractor's performance is prevented or delayed by Force Majeure. For
purposes of this Agreement, the term Force Majeure shall mean any acts of God including landslides,
lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances, strikes, lockouts
or other industrial disturbances, acts of the public enemy, wars, blockades, publ ic riots, explosions,
or disposal site, governmental restraint or other causes, whether of the kind enumerated or otherwise,
which are not reasonably within the control of the party affected by the Force Majeure event.
13.9 Applicable Law/Venue
This Contract shall be governed by the laws of the State of Washington. Venue for any action
hereunder shall be in SNOHOMISH County Superior Court.
13.10 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
Contract shall be deemed to create the relationship of employer and employee or principal and agent
between the City and Contractor .
13.11 Subcontracting
The parties intend that Contractor shall perform pursuant to the terms of this Contract with
its own employees. However, in the event any incidental subcontractor services are necessary,
PAGE - 25
Contractor agrees to be responsible for the standards of performance of any subcontractor. Contractor
agrees that no subcontractor shall relieve Contractor of any obligations under this Contract.
13.12 Taxes and Fees
Contractor acknowledges that it is responsible for the payment of any local, state, or federal
taxes or fees with respect to Contractor's agents and employees, and any taxes or licenses applicable
to Contractor's business activity.
13.13 Insolvency; Right to Terminate Contract
In addition to other terms of this Contract, any or all of the following shall be considered
events of default of this Contract, allowing the City to terminate the Contract if such events are not
cured within 10 days of written notice: 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 propert y 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 they become due.
13.14 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.
13.15 Successors and Assigns
This Contract shall be binding upon the parties and their successors and assigns.
13.16 Corporate Authority
Each individual executing this Contract on behalf of a corporation represents and warrants
that he/she is duly authorized to execute and deliver this Contract on behalf of the corporation.
13.17 Dispute Resolution
In order to have a administrative mechanism for promptly mediating customer complaints
regarding billing for or the collection of garbage, recyclable materials, or yard debris, the City and
the Contractor agree as follows: 1) the Contractor shall first make a good faith eff ort to resolve a
customer's complaint; 2) in the event the customer is not satisfied with the Contractor's resolution, the
complaint shall be forwarded to the Public Works Director who shall resolve the complaint after
discussing the matter with the customer and the Contractor.
Agreed to as of this day of , 2019.
City of Arlington Waste Management of Washington, Inc.
PAGE - 26
By: ____________________________________ By: _________________________________
Attest:
By: ____________________________________
Approved as to Form:
By: ____________________________________
EXHIBIT A
LIST OF CITY FACILITIES
LOCATION ADDRESS ACCT #
1. AIRPORT OFFICE 18204-59TH. DR. N.E. 215-9649
2. COMPOST FACILITY 19503-63RD. AVE. N.E. 215-11561
3. CEMETERY 20310 - 67TH AVE. N.E. 215-9176
4. COMMUNITY ROOM 18513 - 59TH AVE. N.E. 215-9083
5. FOOD BANK 19118 63RD AVE NE 215-14618
6. LIBRARY 135 N. WASHINGTON 215-9019
7. CITY SHOP ROLL-OFF 6205-188TH. PL. N.E. 215-9482
8. CITY SHOP SMALL DUMPSTERS 6205-188TH. PL. N.E. 215-9055
9. FIRE STATON 46 137 N. MCLEOD 215-9059 and 215-9620
10. FIRE STATION 47 6231-188TH. ST. N.E. 215-9191 and 215-9640
11. FIRE STATION 48 18824 SMKY PT. BLVD #104 215-11320
12. CITY OF ARLINGTON 816 WEST AVE 215-9168
13. CITY OF ARLINGTON 18722 59th AVE NE 215-12902
14. CITY OF ARLINGTON 18204 59TH AVE NE 215-14454
15. CITY OF ARLINGTON 505 E 3RD ST 215-18587
16. CITY OF ARLINGTON B&G CLUB 18513 59TH AVE NE 215-9660
17. CITY OF ARLINGTON CITY HALL 238 N OLYMPIC AVE 215-8972
18. CITY OF ARLINGTON SEWAGE PLANT 154 W COX AVE 215-9100
LIST OF CITY EVENTS
1. EAGLE FESTIVAL
2. ARLINGTON FLY-IN
3. ARLINGTON STREET FAIR
tion before sending to City tion before sending to City
105.00$ 105.00$
POUNDS
PER WASTE WASTE
SERVICE 2019 2019 MANAGEMENT 2019 2019 MANAGEMENT
DISPOSAL COLLECTION 1/1/2019 DISPOSAL COLLECTION 9/1/2019
CLASS UNIT FEE FEE SERVICE FEE FEE FEE SERVICE FEE
Percentage Increase 0.000%0.000%2.150%2.150%
RESIDENTIAL SERVICES
A. Weekly Residential Single Family
1 Can once per month 1.46$ 6.99$ 8.45$ 1.46$ 7.14$ 8.60$
1 Can service (20 gal. Mini-can))20.59 4.68$ 5.96$ 10.64$ 4.68$ 6.09$ 10.77$
1 Can (32 gal.)27.90 6.35$ 7.80$ 14.15$ 6.35$ 7.97$ 14.32$
2 Cans 43.05 9.79$ 11.68$ 21.47$ 9.79$ 11.93$ 21.72$
3 Cans 60.68 13.80$ 16.19$ 29.99$ 13.80$ 16.54$ 30.34$
4 Cans 78.21 17.79$ 20.72$ 38.51$ 17.79$ 21.17$ 38.96$
5 Cans 94.75 21.55$ 24.95$ 46.50$ 21.55$ 25.49$ 47.04$
20 gal Cart - 4.68$ 7.71$ 12.39$ 4.68$ 7.88$ 12.56$
35 gal Cart 30.52 6.94$ 8.89$ 15.83$ 6.94$ 9.08$ 16.02$
64 gal Cart 46.36 10.55$ 12.55$ 23.10$ 10.55$ 12.82$ 23.37$
96 gal Cart 51.00 11.60$ 13.13$ 24.73$ 11.60$ 13.41$ 25.01$
Each additional can (32 gal)17.58 4.00$ 4.51$ 8.51$ 4.00$ 4.61$ 8.61$
Extra can, bag, or box (32 gal)11.41 2.60$ 2.93$ 5.53$ 2.60$ 2.99$ 5.59$
B. Once per month Residential Single Family
1 Can service (32 gal)15.56 3.54$ 4.67$ 8.21$ 3.54$ 4.77$ 8.31$
C. Single Family Recyclable Collection Rate
Residential Single Family Curbside Recycling:
Per month for one container. Additional containers charged at
the per month rate.-$ 4.84$ 4.84$ -$ 4.94$ 4.94$
D. Single Family Yard Debris Collection Rate
Residential Single Family Curbside Yard Debris where service is
optional:
Per month for one container -$ 12.07$ 12.07$ -$ 12.33$ 12.33$
Additional 96gal Yard Debris Cart Rent per month -$ 2.65$ 2.65$ -$ 2.71$ 2.71$
E. SPECIAL COLLECTIONS
Mini Can each 1.08$ 1.13$ 2.21$ 1.08$ 1.15$ 2.23$
Garbage Cans, bundles, or wheeled containers each 1.46$ 3.97$ 5.43$ 1.46$ 4.06$ 5.52$
Carry Out over 5' but under 25'-$ 0.71$ 0.71$ -$ 0.73$ 0.73$
Carry Out each additional 25' or fraction thereof -$ 0.71$ 0.71$ -$ 0.73$ 0.73$
Stairs & Steps each up or down -$ 0.05$ 0.05$ -$ 0.05$ 0.05$
Overhead Obstruction each less than 8' from ground -$ 0.71$ 0.71$ -$ 0.73$ 0.73$
Sunken or elevated can or unit above or below 4'-$ 0.71$ 0.71$ -$ 0.73$ 0.73$
Drive-Ins on private roads or driveways of over 125'-$ 2.92$ 2.92$ -$ 2.98$ 2.98$
F. Multi-family Garbage and Recycling Rates
(Contractor furnished detachable container for recyclables)
64 gal toter monthly charge 11.27$ 19.00$ 30.27$ 11.27$ 19.41$ 30.68$
1 yard container monthly charge 33.71$ 58.89$ 92.60$ 33.71$ 60.16$ 93.87$
1.5 yard container monthly charge 46.11$ 79.09$ 125.20$ 46.11$ 80.79$ 126.90$
2 yard container monthly charge 59.02$ 100.01$ 159.03$ 59.02$ 102.16$ 161.18$
3 yard container monthly charge 82.81$ 138.98$ 221.79$ 82.81$ 141.97$ 224.78$
4 yard container monthly charge 99.32$ 175.28$ 274.60$ 99.32$ 179.05$ 278.37$
6 yard container monthly charge 122.37$ 221.30$ 343.67$ 122.37$ 226.06$ 348.43$
8 yard container monthly charge 159.47$ 299.32$ 458.79$ 159.47$ 305.75$ 465.22$
G. Container Garbage Monthly Rent Multi-Family
64 gal cart -$ 2.13$ 2.13$ -$ 2.18$ 2.18$
1 yard -$ 4.29$ 4.29$ -$ 4.38$ 4.38$
1.5 yard -$ 5.72$ 5.72$ -$ 5.84$ 5.84$
2 yard -$ 7.74$ 7.74$ -$ 7.91$ 7.91$
3 yard -$ 9.71$ 9.71$ -$ 9.92$ 9.92$
4 yard -$ 11.44$ 11.44$ -$ 11.69$ 11.69$
6 yard -$ 17.54$ 17.54$ -$ 17.92$ 17.92$
8 yard -$ 20.07$ 20.07$ -$ 20.50$ 20.50$
CITY OF ARLINGTON
Exhibit B
Page 1 of 3
ion before sending to City ion before sending to City
WASTE WASTE
POUNDS 1/1/2019 1/1/2019 MANAGEMENT 9/1/2019 9/1/2019 MANAGEMENT
SERVICE PER DISPOSAL COLLECTION 1/1/2019 DISPOSAL COLLECTION 9/1/2019
CLASS UNIT FEE FEE SERVICE FEE FEE FEE SERVICE FEE
Percentage Increase 0.000%0.000%2.150%2.150%
COMMERCIAL SERVICE
A. Can/Unit Garbage Collection
Per Can/Unit 24.95 1.31$ 1.89$ 3.20$ 1.31$ 1.93$ 3.24$
Minimum monthly rate 108.13 5.68$ 13.72$ 19.40$ 5.68$ 14.01$ 19.69$
B. Container Garbage Collection Minimum 1x/wk service
64 gal cart per pick-up 49.52 11.27$ 14.80$ 26.07$ 11.27$ 15.12$ 26.39$
1 yard per pick-up 148.19 33.71$ 44.23$ 77.94$ 33.71$ 45.18$ 78.89$
1.5 yard per pick-up 202.67 46.11$ 60.50$ 106.61$ 46.11$ 61.80$ 107.91$
2 yard per pick-up 259.43 59.02$ 77.53$ 136.55$ 59.02$ 79.20$ 138.22$
3 yard per pick-up 364.00 82.81$ 108.67$ 191.48$ 82.81$ 111.01$ 193.82$
4 yard per pick-up 436.57 99.32$ 130.32$ 229.64$ 99.32$ 133.12$ 232.44$
6 yard per pick-up 537.90 122.37$ 160.68$ 283.05$ 122.37$ 164.13$ 286.50$
8 yard per pick-up 700.95 159.47$ 209.37$ 368.84$ 159.47$ 213.87$ 373.34$
3 yard compactor 897.33 204.14$ 268.13$ 472.27$ 204.14$ 273.89$ 478.03$
4 yard compactor 1,091.43 248.30$ 325.99$ 574.29$ 248.30$ 333.00$ 581.30$
6 yard compactor 1,468.76 334.14$ 438.82$ 772.96$ 334.14$ 448.25$ 782.39$
C. Container Garbage Monthly Rent
64 gal cart -$ 2.21$ 2.21$ -$ 2.26$ 2.26$
1 yard -$ 4.45$ 4.45$ -$ 4.55$ 4.55$
1.5 yard -$ 5.91$ 5.91$ -$ 6.04$ 6.04$
2 yard -$ 8.02$ 8.02$ -$ 8.19$ 8.19$
3 yard -$ 10.07$ 10.07$ -$ 10.29$ 10.29$
4 yard -$ 11.87$ 11.87$ -$ 12.13$ 12.13$
6 yard -$ 18.16$ 18.16$ -$ 18.55$ 18.55$
8 yard -$ 20.78$ 20.78$ -$ 21.23$ 21.23$
D. Special Collections for Temporary Service* (per pick up)
Garbage Cans, bundles or wheeled containers 24.95 1.31$ 8.16$ 9.47$ 1.31$ 8.34$ 9.65$
1 cubic Yard detachable container 148.19 7.78$ 16.33$ 24.11$ 7.78$ 16.68$ 24.46$
1.5 cubic yard detachable container 202.67 10.64$ 17.13$ 27.77$ 10.64$ 17.50$ 28.14$
2 cubic Yard detachable container 259.43 13.62$ 23.93$ 37.55$ 13.62$ 24.44$ 38.06$
3 cubic yard detachable container 364.00 19.11$ 31.06$ 50.17$ 19.11$ 31.73$ 50.84$
4 cubic yard detachable container 436.57 22.92$ 35.96$ 58.88$ 22.92$ 36.73$ 59.65$
6 cubic yard detachable container 537.90 28.24$ 42.88$ 71.12$ 28.24$ 43.80$ 72.04$
8 cubic yard detachable container 700.95 36.80$ 54.02$ 90.82$ 36.80$ 55.18$ 91.98$
3 yard compactor 897.33 47.11$ 65.04$ 112.15$ 47.11$ 66.44$ 113.55$
4 yard compactor 1,091.43 57.30$ 78.38$ 135.68$ 57.30$ 80.06$ 137.36$
6 yard compactor 1,468.76 77.11$ 104.38$ 181.49$ 77.11$ 106.62$ 183.73$
10 cubic yard detachable container + dump fees -$ 99.80$ 99.80$ -$ 101.95$ 101.95$
20 cubic yard detachable container + dump fees -$ 99.80$ 99.80$ -$ 101.95$ 101.95$
*Temporary Service is any commercial service account set up for less than 90 days.
E. Extra Charges
Carry out over 5' under 25'-$ 0.12$ 0.12$ -$ 0.12$ 0.12$
Carry out each additional 25'-$ 0.12$ 0.12$ -$ 0.12$ 0.12$
Stairs & Steps each up or down -$ 0.05$ 0.05$ -$ 0.05$ 0.05$
Overhead Obstructions less than 8' from ground -$ 0.10$ 0.10$ -$ 0.10$ 0.10$
Sunken or Elevated Can above or under 4'-$ 0.10$ 0.10$ -$ 0.10$ 0.10$
Drive-Ins on private roads or driveways over 125'-$ 0.73$ 0.73$ -$ 0.75$ 0.75$
Extra Can/Bag 24.95 1.31$ 1.89$ 3.20$ 1.31$ 1.93$ 3.24$
Extra Yard 148.19 7.78$ 10.22$ 18.00$ 7.78$ 10.44$ 18.22$
Container Exchange -$ 14.53$ 14.53$ -$ 14.84$ 14.84$
Return Trip -$ 3.18$ 3.18$ -$ 3.25$ 3.25$
Lock Deposit -$ 14.14$ 14.14$ -$ 14.44$ 14.44$
Time Charge -$ 2.27$ 2.27$ -$ 2.32$ 2.32$
Delivery Drop Box -$ 44.76$ 44.76$ -$ 45.72$ 45.72$
Deliver Can/ Cart -$ 14.51$ 14.51$ -$ 14.82$ 14.82$
CITY OF ARLINGTON
Exhibit B
Page 2 of 3
WASTE WASTE
MANAGEMENT MANAGEMENT
SERVICE 1/1/2019 9/1/2019
CLASS SERVICE FEE SERVICE FEE
Percentage Increase 0.000%2.150%
A. Drop Box Garbage Collection *
10 yard per pick-up 96.99$ 99.07$
15 yard per pick-up 96.99$ 99.07$
20 yard per pick-up 96.99$ 99.07$
25 yard per pick-up 96.99$ 99.07$
30 yard per pick-up 96.99$ 99.07$
40 yard per pick-up 96.99$ 99.07$
B. Drop Box Container Monthly Rent
10 yard 52.21$ 53.33$
15 yard 52.21$ 53.33$
20 yard 52.21$ 53.33$
25 yard 61.72$ 63.05$
30 yard 71.23$ 72.76$
40 yard 79.13$ 80.83$
C. Compactor Garbage Collection *
10 yard Compactor Haul 144.04$ 147.14$
15 yard Compactor Haul 144.04$ 147.14$
20 yard Compactor Haul 144.04$ 147.14$
25 yard Compactor Haul 144.04$ 147.14$
30 yard Compactor Haul 144.04$ 147.14$
35 yard Compactor Haul 144.04$ 147.14$
40 yard Compactor Haul 144.04$ 147.14$
* 15% Markup on disposal pass through charges $105 x 1.15% = $120.75
Page 3 of 3
CITY OF ARLINGTON
Exhibit B
EXHIBIT C
WASTE MANAGEMENT’S CONTINGENCY PLAN
FOR THE CITY OF ARLINGTON
Service Disruption
Living in the Pacific Northwest can bring its different challenges. Waste Management’s goal is to provide a fluid
plan that can adapt to the occasional snow, wind and large weather events. This is not limited to just to the
weather events.
Temporary Collection Schedule
To accommodate the impact of any service disruption, we will prioritize collection efforts (subject to Section
11.2) to ensure services critical to human health and the environments are provided in an orderly and predictable
manner. This prioritized collection plan ensures solid waste collection services are uninterrupted for hospitals,
nursing homes and other “critical” facilities.
After accommodating critical accounts, our next focus area is collecting garbage from commercial accounts.
This line of business typically generates significant tonnage. Moreover, it can be difficult for businesses to wait
until the following regular pick-up day. Following the restoration of garbage collection for commercial
accounts, we will resume residential garbage service. Any missed accounts will receive “double service” on
their next regularly scheduled service day at no extra charge.
Here is our collection hierarchy used during service disruptions:
In the event there is a weather disruption, we will contact the City in the early morning to notify the key contact
of which routes we are not able to service. In addition, we will keep in close contact with the City throughout the
day as the weather changes.
In the unlikely event a residential service disruption extends into a second week, we will deploy drop-off
locations where it is safe for customers to drop off their materials.
Temporary Collection sites
In the event we enter our second week of missed collection, we will locate a truck and driver at the following
locations:
816 Haller Ave
17020 Smokey Point Blvd
20015 67th Ave NE
6600 172nd Street NE
The driver at these locations will collect bags of garbage from customers at no charge to the customer. Waste
Management will not be able to take large items at these drop sites.
Once the service disruption is resolved we will collect all three lines of business starting with the critical sites.
Public Education
Customer awareness of changes to the solid waste collection schedule is an essential aspect of our planning
effort. We have found customers are more accepting of the inconvenience of service interruptions if they clearly
understand when collection services will occur.
Our communication strategy will include multiple outreach methods:
Regional Public Information Network (RPIN) and Local Press
We regularly post service delays on RPIN. Additionally, we notify local news outlets of service
advisories.
Web-based Information
In all media advisories, press releases and interviews, we will encourage customers to visit our local
website (www.wmnorthwest.com) where they will find continuously updated information on
collection services for their community.
Outbound Call Services
An effective tool we utilize is targeted, automated outbound calls to individual customers throughout
the day and early evening. Waste Management can send prerecorded messages, tailored to each city
or service area, to thousands of customers within minutes. This allows us to blanket our service area
with updated collection information quickly.
Call Center Staffing
A service disruption may create a significant influx of calls to our regional Customer Service Center.
To alleviate this inbound pressure, customer service representatives’ work hours may be extended,
including extended Saturday hours. Additionally, our state-of-the-art system allows us to activate
resources from other Waste Management Customer Service Centers. Using web-enabled
technology, trained customer service staff in other areas can assist local Puget Sound customers.
This redundancy is part of our emergency preparedness protocol. Callers will be encouraged to use
Waste Management’s local website (www.wmnorthwest.com), where collection information will be
updated throughout the day.
City Resources
Waste Management will work with the City to communicate through City and County websites, cable TV or
other available media.
Conclusion
Our commitment to you requires a diligent approach to contingency planning. We are prepared for the
possibility of an interruption in our regular service. We will do all we can to minimize the impact on the local
communities we serve.
EXHIBIT D
RECYCLABLE MATERIALS
MATERIAL
TYPE
DESCRIPTION PREPARATION
INSTRUCTIONS
EXCLUSIONS
Glass Food or beverage containers Remove lids; empty of all
food or liquids. Labels do not
need to be removed.
Leaded glass: windows, mirrors,
baking dishes, storage dishes,
ceramic, plates, glassware,
storage/canning jars.
Paper Office paper, copy paper,
construction paper
Newspaper and paper inserts
Magazines and paper inserts
Catalogs
Cardboard
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
Remove plastic bags (exterior
or interior), plastic packaging,
metal, electronics, magnets,
twine, straws, lids and any
food or liquids. Must be dry.
Plastic windows in paper
envelopes okay.
Shredded paper; paper envelopes
with bubble wrap liners,
insulation liners or envelopes
made from plastic (Tyvek);
laminated paper, stickers, labels,
photos, carbon paper, receipts,
paper affixed to magnets; wax or
poly-coated cups, cartons, or
aseptic containers; pet food bags;
mixed material bags; wet or
soiled paper; paper with large
amounts of paint or glue.
Cardboard Cardboard boxes
Cardboard packaging
Cardboard beverage ‘flats’ or
nursery ‘flats’
Flatten all cardboard. Remove
all interior packaging, block
foam, packing peanuts and
exterior plastic wrap. Do not
bundle with tape or twine.
External tape okay. Oversized
cardboard can be placed next
to card/container. Must be
dry.
Waxed cardboard, wet cardboard
Metal Tin, aluminum and steel food
or beverage containers
Remove all exterior
packaging; remove lids;
empty of all food or liquids.
Labels do not need to be
removed.
Aluminum foil and trays; sharp or
greasy metal; batteries; propane
tanks, microwaves; electrical
cords; cell phones; car snow
chains. Empty aerosol cans,
Metal appliances
Plastic PET/PETE bottles (#1
plastic)
HDPE bottles/jugs (#2
plastic)
Dairy tubs, e.g. butter, yogurt,
cottage cheese (#5 plastic)
Plastic bottles with plastic
screw-on lids are okay if lids
are screwed back on, remove
all other lids; remove straws;
empty of all food, liquids or
other debris. Labels do not
need to be removed.
#3, #4, #6 & #7 plastics, plastic
bags, plastic cups, plastic film;
plastic bottles that contained
HHW listed materials; deli,
bakery and produce clamshell
containers; loose lids – any size;
plant trays; PVC; large rigid
plastic (outdoor furniture, laundry
baskets, swimming pools, toys,
etc.); hoses; landscaping/sprinkler
tubing.
Contractor reserves the right, upon notice to City, to reclassify Recyclable Materials as non-Recyclable Materials
for such period of time that the cost to process, transport and market such materials exceeds its then -current value.
EXHIBIT D
Airport Storage Area Map
City of Arlington Council Agenda Bill Item: NB #5 Attachment F COUNCIL MEETING DATE: November 18, 2019 SUBJECT: Memorandum of Understanding with the Port of Everett ATTACHMENTS: Memorandum of Understanding and Resolution DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes, Director – 360-403-3457 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: 0 BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: Memorandum of Understanding with the Port of Everett
HISTORY: City staff has been working with the Port of Everett since the beginning of 2019 to determine and evaluate common goals and opportunities between the two entities, and evaluating how working together would be in the best interest of the long-term development of the Cascade Industrial
I move to approve the Memorandum of Understanding with the Port of Everett and Resolution, and authorize the Mayor to sign the Memorandum of Understanding and Resolution, subject to the approval of the City attorney.
RESOLUTION NO. 2019-xxx
A RESOLUTION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE PORT OF
EVERETT RELATED TO THE CASCADE INDUSTRIAL CENTER
WHEREAS, the City of Arlington and the Port of Everett have a common interest in job
growth, tax base expansion, supporting international trade and growth in key industries such as
food production, wood products, clean energy and construction (the “Common Goals”) within
the Cascade Industrial Center and desire to work collaboratively to achieve these common
goals; and
WHEREAS, both the City and the Port have been working together, and have
determined that entering into this Memorandum of Understanding (MOU) is the appropriate
way to continue this collaborative work; and
NOW, THEREFORE, the City Council of the City of Arlington Washington do hereby
resolve as follows:
1.The City Council finds that entering into this MOU is important in establishing a
long term partnership with the Port of Everett, and the future success of the
Cascade Industrial Center.
APPROVED by the Mayor and City Council of the City of Arlington this 18th day of
November, 2019.
CITY OF ARLINGTON
____________________________________
Barbara Tolbert, Mayor
ATTEST:
_________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
__________________________________
Steven J. Peiffle, City Attorney