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+ Contract Number 3353
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+vendor Name
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BREM-AIR DISPOSAL/WASTE
SOLID WASTE DISPOSAL
ADMIN SVCS
SVC
MANAGEMENT
;=
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Insurance
Type Amount
GL $2000000.00
AL $5000000.00
E&O
PROP
Amount
Begin Date
End Date
Review Date
$645000.00
12/31/1992
12/31/2001 +
02/15/2005 +
"
Insurance Total
Insurance Review Date
$ 7 0 0 0 0 0 0 . 0 0 -(
01/01/2004 "
Comments
E&O $25000000 CONTRACT COMPLETE
12/01/03 REVIEW-ANNEXATION ISSUES VAULT 01/01/2005
-I-
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"Browse: Next Previous First Last Update Delete Restart X - Exit -.
'~etrieve the Next record _.
,(FOund: 1 Record(s) MAINTAIN Contract Transactions
T Contract Number 3353 -.
,J.
= :Vendor Name
"Subj ect
, 'Department
',Status Code
BREM-AIR DISPOSAL/WASTE
SOLID WASTE DISPOSAL
ADMIN SVCS
SVC
MANAGEMENT
"
"
Insurance
Type Amount
GL $2000000.00
AL $5000000.00
E&O
PROP
Amount
Begin Date
End Date
Review Date
$645000.00 ..
12/31/1992
12/31/2001 ..
02/15/2005
Insurance Total
Insurance Review Date
$7000000.00
01/01/2004
Comments
E&O $25000000 CONTRACT COMPLETE
12/01/03 REVIEW-ANNEXATION ISSUES VAULT 01/01/2005
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RESOLV'rION NO.
A RESOLUTION approving the transfer of control of BREM-AIR DISPOSAL, INC.,
an Oregon corporation, to ENVIROFIL, INC., a Delaware corporation.
WHEREAS, the City of Bremerton has contracted with BREM-AIR DISPOSAL,
INC., an Oregon corporation, to provide solid waste collection, recycling, and'disposal
services to the City of Bremerton and its residents for the period from December 31, 1991
to December 31, 2001; and
WHEREAS, said contract requires BREM-AIR DISPOSAL, INC., as the contractor
to notify the City of any change in the majority stock ownership of BREM-AIR DISPOSAL,
INC.; and
WHEREAS, DONALD G. LINDGREN, individually and as personal representative
of the Estate of Beverly L. Lindgren, currently owns all of the stock of BREM-AIR
DISPOSAL, INC., and has the power to convey said stock; and
WHEREAS, BREM-AIR DISPOSAL, INC., has notified the City of the intention of
DONALD G. LINDGREN, individually, and as personal representative of the Estate of
Beverly L. Lindgren, to sell all of the stock of BREM-AIR DISPOSAL, INC. to
ENVIROFIL, INC., a Delaware corporation; and
WHEREAS, by said contract the change of ownership in BREM-AIR DISPOSAL,
INC., is subject to City approval, which may be conditioned upon the following:
(a) All the contractor's accrued monetary obligation to the City and
all other outstanding obligations related to the contract shall
have been satisfied;
Co) The transferor shall have executed a general release in a form
satisfactory to the City of any and all claims against the City
and its officers, directors and employees in their corporate and
individual capacities, including, without limitation, claims arising
under federal, state and local laws, rules and ordinances.
(c) The transferee shall enter into a written assignment on a form
satisfactory to the City, assuming and agreeing to discharge all
of the contractor's obligations under this contract; and
(d) The transferee demonstrates to the reasonable satisfaction of
the City that it possesses the business skill and financial
capacity to perform the contract; and
WHEREAS, the City maintains its position that BREM-AIR DISPOSAL, INC.,has
BREM-AIR.IR$ - Resolution Disk - 11/1/93 1
an outstanding obligation to correct the disparity between City and non-City collection rates;
and
WHEREAS, ENVIROFIL, INC., has committed to investigate and address in the
near term the difference between the garbage collection rates for customers within the City
of Bremerton and the garbage collection rates for customers outside of the City of
Bremerton; and
WHEREAS, ENVIROFIL, INC.,has executed its agreement to discharge all of the
obligations of the Contractor under the contract, and which agreement further recognizes
that any responsibilities, duties or liabilities of BREM-AIR DISPOSAL, INC., existing
before transfer are not affected by the transfer of the stock of BREM-AIR DISPOSAL,
INC., (Exhibit A attached hereto); and
WHEREAS, DONALD G. LINDGREN, individually and as personal representative
of the Estate of Beverly L. Lindgren, as the transferor of the shares of BREM-AIR
DISPOSAL, INC., has executed, in a form satisfactory to the City, a general release of all
of his personal claims against the City, its officers, directors, and employees, in both their
corporate and individual Capacities (Exhibit B attached hereto); and
WHEREAS, ENVIROFIL, INC.,has demonstrated to the City that it possesses the
requisite business skill and financial capacity to perform the Contract;
WHEREAS, ENVIROFIL, INC., has represented that, as owner of the stock in
BREM-AIR, INC., and as owner or operator of other solid waste collection companies and
disposal facilities, it shall preserve the corporate form and independence of BREM-AIR,
INC., and ENVIROFIL, INC., to protect assets of Brem-Air, Inc., from possible liabilities
of ENVIROFIL, INC., or its subsidiaries to the extent allowed by law; and
WHEREAS, the City has not waived or released, and specifically reserves any and
all rights, arguments, and causes of action it may have arising out of or concerning the
contract against BREM-AIR DISPOSAL, INC., ENVIROFIL, INC., and DONALD G.
LINDGREN, individually and as personal representative of the Estate of Beverly L.
Lindgren; now, therefore,
BE IT RESOLVED by the City Council of the City of Bremerton:
That, based on the foregoing recitals, the transfer of all of the issued shares of stock
of BREM-AIR DISPOSAL, INC., to ENVIROFIL, INC.,is approved.
BE IT FURTHER RESOLVED that the Bremerton City Council shall schedule a
review in six (6) months to evaluate what actions have been taken by BREM-AIR,
DISPOSAL, INC., to resolve outstanding obligations and issues related to the contract, to
consider an audit of landfill closing and post-closing funds administered by the Bremerton-
[~REM-AIR.IRS - Resolution Disk - 11/I/93 2
Kitsap County Health District, and to consider what additional action, if any, should be
taken by the City.
PASSED by the City Council of the City of Bremerton this ~ day of
19~.
EILEEN FITZ
Council President
ATTEST:
KATHLEEN L. McCLUSKEY, CI.~
BREM-AIR.IRS - Resolution Disk - 1111/93 3
· EXl.. IT NO. ."
rofil, Inc.
October 29, 1993
The Honorable Mayor Louis Mentor
City of Bremerton, Washington
Dear Mayor Mentor:
Donald G. Lindgren, individually and as the personal representative
of the Estate of Beverly L. Lindgren, has requested permission from
the City of Bremerton to transfer all of the outstanding stock of
Brem-Air Disposal, Inc., an Oregon corporation, to Envirofil, Inc.,
a Delaware corporation. I am authorized on behalf of Envirofil,
Inc., to represent to the City that upon completion of that
transfer, Envirofil, Inc. agrees that through its ownership of
Brem-Air Disposal, Inc. the said Brem-Air Disposal, Inc. shall
assume and discharge all of its obligations under the Contract for
Solid Waste Collection, Recycling and Disposal with the City of
Bremerton (the "Contract").
Envirofil, Inc. also recognizes that both the City of Bremerton and
Brem-Air Disposal, Inc., have not waived or released and
specifically reserve any and all rights, arguments and causes of
action either of them may have against the other, which may have
accrued prior to transfer, arising out of or concerning the
Contract, and neither the City, Brem-Air, Inc., or Envirofil, Inc.,
will raise as a defense to any such cause of action the transfer of
ownership of Brem-Air Disposal, Inc.
Sincerely,
Sam W. HumphreYs
Senior Vice President
General Counsel
2400 TEXAS COMMERCE TOWER, HOUSTON, TEXAS 77002
(713) 224-3345 (FAX)(713)222-2333
HIBIT NO." "
General Release Upon Transfer
Parties
The parties to this release are the following:
Releasinq Parties: Donald G. Lindgren, a single.person, and the
Estate of Beverly L. Lindgren, deceased, by Donald G. Lindgren,
Personal Representative (together referred to below as "Lindgren").
Released Party: The City of Bremerton, a Washington State
municipal corporation of the first class (referred to below as
"City").
Premises
Upon the premises listed below, Lindgren agrees to provide a
general release to the City:
Ownership: Lindgren owns all of the issued stock of Brem-Air
Disposal, Inc., an Oregon corporation (referred to below as "Brem-
Air").
Contract: Brem-Air is the Contractor for solid waste
collection and disposal services in the City pursuant to that
certain contract between the City and Brem-Air executed on June 9,
1991 and effective Dec. 31, 1991.
Transfer of Stock: Lindgren desires to transfer ownership of all
of the issued stock of Brem-Air.
Condition of Transfer: Pursuant to section 8.13.3.b. of the
contract between the City and Brem-Air, as a condition precedent to
approval by the City of Lindgren's intended transfer of the shares
of Brem-Air, Lindgren as the transferor must execute a general
release of all Lindgren's claims against the City.
Release
For and in consideration of the Premises stated above,
Lindgren does now and has remised, released, and forever'
discharged, and by these presents does for Lindgren's heirs,
executors, administrators, and personal representatives, remise,
release, and forever discharge the said City, its officers,
20395\110\rel
1
directors, and employees, in their corporate and individual
capacities, of and from any and all actions and causes of action,
claims, and demands whatsoever, whether known or unknown and
whether or not well founded in fact or in law, and of and from any
and all and all manner of suits, debts, dues, sums of money,
accounts, reckonings, trespasses, damages, judgements, executions,
claims and demands whatsoever in law or in equity which the
undersigned has had or now has or which he or his heirs, executors,
administrators and personal representatives hereafter can, shall or
may have for, upon or by reason of any matter, cause or thinG
whatsoever;
PROVIDED, however, that should the City or any of its
officers, directors, or employees, in their corporate or individual
capacities, bring or join an action against Donald G. Lindgren
individually and/or as Personal Representative of the Estate of
Beverly L. Lindgren, it is understood that the said Donald G.
Lindgren shall be able to legally defend against said action or
actions.
Done by me this~day of November, 1993,
DONALD G. LINDGREN ~
Personal RepresentatiVe of the
Estate of Beverly L. Lindgren
STATE OF WASHINGTON )
COUNTY OF KITSAP )
On this day personally appeared before me DONALD G. LINDGREN,
to me known to be the individual and the Personal Representative of
the Estate of Beverly L. Lindgren, and executed the within and
foregoing instrument, and acknowledged that he signed the same as
his free and voluntary act and deed, for the uses and purposes
therein mentioned.
20395\110\~"el
2
GIVEN under my hand and official seal this ~/'-day of
November, 1993.
NOTARY PUBLI~ ih and for the
Sta~of ,Wa~ington, ,residing
My Commission Expires: ~-/-~
20395\110\~'el
3
ARTICLE I - Parties 1
ARTICLE II - Premises 1
ARTICLE III - Agreement 2 3.1 Exclusive Right 2
3.2 Term 2
ARTICLE IV - Definitions 2
ARTICLE V - Collection and Disposal Services, 6
Non-Recyclable Solid Waste
5.1 Solid Waste Collection and Disposal 6
5.2 Frequency of Collection 7
5.3 Collection Containers 9
5.4 Limitations on Collection Services 11
5.5 Spillage 11
5.6 Collection Equipment 11
5.7 Drop-off Facilities 12
ARTICLE VI - Recycling Services 13
6.1 Curbside Recycling Services. Customers 13
Providing their Own Solid Waste Container
6.2 Curbside Recycling Services, Residential, 15
Centralized Collection
6.3 Yard Waste 17
6.4 Recycling Services to Non Residential 18
Customers
6.5 Deletion of Recyclable Materials 19
6.6 Voluntary Participation 19
6.7 Public Education 19
6.8 Marketing of Recyclable Materials 19
6.9 Revenue 20
6.10 Liquidated Damages 20
ARTICLE VII - Service Rates 20
7.1 Rate Components 20
7.2 Collection and Hauling Rate 21
7.3 Disposal Rate 24
7.4 Recycling 28
7.5 Westpark 29
7.6 Taxes 29
ARTICLE VIII - Miscellaneous Provisions 30 8.1 Expansion of City Limits 30
8.2 City Disposal Site 30
8.3 Employees of the Contractor 30
8.4 Customer Relations 31
8.5 Billing 32
8.6 Reports to the City 33
8.7 Title to Materials 34
8.8 Taxes, Licenses, and Permits 34
8.9 Insurance 34
8.10 Indemnification 35
8.11 Performance Bond 35
8.12 Payment of Claims 36
8.13 Transfers by Contractor 36
8.14 Revenue and Reporting Verification 38
8.15 Non-Discrimination 39
8.16 Force Majeure 40
8.17 Insolvency 40
8.18 Governing Law and Venue 41
8.19 Attorney's Fees and Costs 41
8.20 Severability 41
8.21 Headings, Etc. 41
8.22 No Waiver 41
8.23 Entire Agreement 41
8.24 Modifications 41
8.25 Compliance with Relevant Laws 42
8.26 Default 42
8.27 Notices 42
~Q~__.FQ~_.~.~D~ COLLE.~X~ NQH,__RE~G A~D ~____~ende~. Nay_20.
ARTICLE I
PARTIES
The Parties to this Contract are as follows.
1.1 ~_~__T~_QF BP~__~R~QN. The City of Bremerton is a Washington
State municipal corporation of the first class. The City of
Bremerton is referred to below as the "CITY."
1.2 ~R~-A~_~ DIO_~&_~NC. Brem-Air Disposal, Inc. is a duly
licensed and subsisting corporation. Brem-Air Disposal, Inc. is
referred to below as the "CONTRACTOR."
ARTICLE II
PREHISES
The CITY and the CONTRACTOR enter into this contract for the
reasons listed in this Article.
2.1 It appears reasonable and necessary that the collection and
disposal of solid waste in the CITY be accomplished under private
contract.
2.2 The CITY has relied upon the CONTRACTOR for the collection of
solid waste generated by the CITY and its residents for over ten
years.
2.3 The CONTRACTOR has satisfactorily collected the solid
waste generated by the CITY and its residents for over ten years.
2.4 The parties have found their past relationship to be mutually
beneficial.
2.5 The parties wish to continue their relationship on mutually
agreeable terms.
ARTICLE III
From the above premises, the Parties agree as follows.
3.1 ~_R__IGHT. The parties agree that the CONTRACTOR shall
have the exclusive right to collect, recycle, and
otherwise dispose of all solid waste accumulated by the CITY and its
residents for collection by the CONTRACTOR, in accordance with the
other terms of this agreement; provided, however, that the
CONTRACTOR is not obligated to collect, recycle, or otherwise
dispose of solid waste specifically excluded by the terms of this
Contract.
3.1.1 The CITY agrees to enact and enforce the ordinances
necessary to require all residents of the CITY, whether private
inhabitants or commercial inhabitants, to subscribe for and pay
for the CONTRACTOR's services as described by this Contract.
3.2 ~E~_. The term of this contract shall be for ten years, from
December 31, 1991 to December 31, 2001.
ARTICLE IV
DEFINITIONS
Unless otherwise expressly provided, or unless the context
otherwise requires, the terms set forth shall have the meaning
defined in this Article. Any other term shall have its usual and
customary meaning, unless the context requires a different meaning.
2
4.1 ~.~._A~__DWELLIN~ Means a building or group of buildings
designed, intended for or used for any purpose other than single
family or duplex residences and shall include office buildings. Any
building or group of buildings where combined residence and business
is practiced, where such business is advertised by a sign of any
type on the premises and/or is listed in the telephone directory as
a business shall be classified as commercial.
4.2 ~Q~R~_~~ Means any material which has been
compressed by a mechanical device either before or after it has been
placed in a receptacle handled by CONTRACTOR.
4.3 ~Q_b?AIN~ Means any reusable container that is durable,
corrosion resistant, non-absorbent, and easily cleanable, which is
left at a customer's premises and emptied into CONTRACTOR'S truck
either by human or mechanical means.
4.4 ~Q~ Means any person residing in or doing business
within the CITY limits to whom solid waste collection and hauling,
disposal, or recycling services are provided pursuant to this
Contract including, but not limited to, all persons receiving bills
from the CONTRACTOR for the collection and hauling, disposal and
recycling of solid waste.
4.5 "DA~_~OUS_~_~E~ Means any discarded, useless, unwanted or
abandoned substances, including, but not limited to certain
pesticides, or any residues or containers of such substances which
are disposed of in such quantity or concentration as to pose a
substantial present or potential hazard to human, wildlife, or the
environment because of such wastes or constituents or combinations
of such wastes:
4.5.1 Have short-lived toxic properties that may cause
death, injury, or illness or have mutagenic, teratogenic, or
carcinogenic properties; or
4.5.2 Are corrosive, explosive, flammable, or may generate
pressure through decomposition or other means.
4.6 "__D~Q_~____~E__" Means the location where any final treatment,
utilization, processing, or deposit of solid waste occurs.
4.7 ~E_~I~ELX__~Z__ia~FASTE" Means any dangerous waste which:
4.7.1 Will persist in a hazardous form for several years or
more to disposal site and which in its persistent form presents
a significant environmental hazard and may be concentrated by
living organisms through a food chain or may effect the genetic
make-up of man or wildlife and is highly toxic to man or
wildlife;
4.7.2 If disposed of at a disposal site in such quantities
as would present an extreme hazard to man or the environment;
4.8 "HAZARDQ~__W~ Means and includes all dangerous and
extremely hazardous wastes, including substances composed of both
radioactive and hazardous components.
4.9 "INDEX" Index shall mean the Consumer Price Index for Services
for Class C Cities, Western Region, as published by the United
States Bureau of Labor and Statistics.
4.19 ~I~_~!.C~Q_NA~L___HEAL'£H.~pAR'~I~_____.~ Means City, County, City-
County, or District Public Health Department.
4.11 ~_LA__~_~L~ Means a disposal facility or part of the facility
at which solid waste is placed in or on land and which is not a land
treatment facility.
4.12 ~_~AL____WASTE" Means all the infectious, and injurious waste
originating from a medical, veterinary or intermediate care
facility.
4.13 ~N~-_~_A~_~ Shall mean a container made of durable, corrosion
resistant, non-absorbent material, water tight with a close fitting
cover which shall not exceed 20 gallons in volume and 32% pounds in
weight including contents.
4.14 ~Q~ Means any individual, firm, association, co-
partnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity
whatsoever.
4.15 ~LABLE ~ATERIAL~ Means those solid wastes that are
separated for recycling or reuse, such as papers, metals, and glass,
that are identified as recyclable material pursuant to a local
comprehensive solid waste plan or by ordinance.
4.16 ~~ Means transforming or remanufacturing waste
materials into useable or marketable materials for use other than
landfill disposal or incineration.
4.17 ~~ As used in this Contract, residence shall
mean a living space individually rented, leased, or owned
whether a free standing single family residence or a portion of a
duplex, but shall not mean residential structures containing three
or more units.
4.18 '_~QLID W~"___9~__~_WA_~E_~ Means all putresible and non-
putresible solid and semi-solid wastes including, but not limited
to, garbage, rubbish, ashes, industrial wastes, swill, demolition
and construction wastes, and recyclable materials.
4.19 ~~_T__RASH CAN~ Shall mean a solid waste container made
of durable, corrosion resistant, non-absorbent material, water tight
with a close fitting lid, which shall not exceed 32 gallons or four
cubic feet of capacity nor 65 pounds including contents.
4.20 "TRAN~E__R_FA~IT~" Means a staffed, fixed, supplemental
facility used by persons and route-collection vehicles to deposit
solid waste into transfer trailers for transportation to a disposal
site.
4.21 ~X~__~ Means grass clippings, leaves, loose plant
material, and branches or sticks less than one inch in diameter and
no more than three feet in length. Christmas trees shall be
considered yard waste provided they have been cut by the customer so
that the branching spread is no more than four feet across and no
more than three feet in length. Yard waste shall not include any
substance otherwise within this definition that has been
contaminated by hazardous waste, fecal matter, or any other
substance that will inhibit the natural decomposition of the yard
waste.
ARTICLE V
COLLECTION AND DISPOSAL SERVICES, NON-RECYCLABLB SOLID WASTE
5.1 ~Q~K_CQL~ T_~X[QN. AN~__~SPOSA~_.
5.1.1 The CONTRACTOR agrees to collect and dispose of all
solid waste accumulated by customers for collection by the
CONTRACTOR within the CITY limits subject to the limitations in
this contract.
5.1.2 Provided, however, the CONTRACTOR shall have no
obligation to collect and dispose of hazardous waste and
6
medical waste.
5.2.1 Eg~i~gR~i~_~gK~iGg. The CONTRACTOR shall make at
least one collection each week at all residences inside the
city limits.
5.2.2 Non-Residential Service. Collection at all
other buildings, places of business, commercial dwellings, or
premises where solid waste is accumulated or generated within
the CITY limits shall be made as frequently as may be necessary
in the opinion of the CONTRACTOR to avoid the creation of a
nuisance or the violation of any ordinance, regulation, or law,
but in no event less than once a week, nor more than six times
a week with at least 24 hours between collections; provided,
however, that any customer dissatisfied with the frequency of
collection determined to be appropriate by the CONTRACTOR can
appeal said determination pursuant to the terms of this
Contract.
5.2.3 The CONTRACTOR shall have authority to schedule all
collection services and will provide each customer with
consistent service on the same day or days each week.
Collections in residential areas shall occur only Monday
through Friday, and in no event before 6:30 a.m.
disruptions beyond the control of the CONTRACTOR, such as
weather, prevent collection on the scheduled day, the
CONTRACTOR shall make collection on the next regularly
scheduled workday on which collection is possible. The
collection that resumes scheduled service shall take at no
additional charge bags, boxes, and other secure wrappers and
shall empty temporary receptacles that customers have used when
the regular containers have been filled.
5.2.5 Reschedul~. Due to Le~_~9~. When the day of
regular collection is a legal holiday as defined by State law
or City ordinance, CONTRACTOR may reschedule the regular
collection to the next succeeding work day. If a legal holiday
falls on a Friday, CONTRACTOR may make the collection the next
day. CONTRACTOR shall not collect refuse a day early due to a
holiday.
5.2.6 Service to the
a. The CONTRACTOR shall collect free of charge all solid
waste accumulated for collection and disposal by the CITY
at city fire stations, the city hall, the municipal
garage, city parks and all other city-owned and occupied
buildings, and, further, from all public-use solid waste
containers on public property in the Bremerton business
areas.
b. The CITY shall be responsible for payment of the
landfill fees associated with disposal of the solid waste
generated by the CITY including the disposal of solid
wastes collected by the CITY itself such as street
sweepings and construction debris; provided, however, that
the CONTRACTOR shall subsidize the CITY's landfill fees as
follows:
8
1. In the year 1992, the CITY shall pay nothing
for disposal of its solid waste;
2. In 1993, the CITY shall be responsible for
any lawfully imposed landfill tax or assessment and
25% of the actual landfill costs;
3. In 1994, the CITY shall be responsible for
any lawfully imposed landfill tax or assessment and
50% of the actual landfill costs;
4. In 1995, the CITY shall be responsible for
any lawfully imposed landfill tax assessment and 75%
of the actual landfill costs;
5. In 1996 and for each year thereafter during
the life of this Contract, the CITY shall be
responsible for any lawfully imposed landfill tax
assessment and 100% of the actual landfill costs.
5.3 ~QL~_~Q_N~&~NE~4~.
5.3.1 ~9~_~9¥~_~9~. A customer may provide
its own container for solid waste. The container provided by the
customer shall be either a "standard trash can" or a "mini-can"
as those terms are defined in this contract; Provided, however,
that any customer may appeal the contractor's determination
regarding the number of solid waste containers required.
5.3.2 QgU~9~ .... ~9¥~9~ .... ~9~9~. At the
request of a customer, or if, in the CONTRACTOR's opinion, the
customer's needs require it to avoid the creation of a nuisance
or the violation of any ordinance, regulation, or law, the
CONTRACTOR may supply the customer with solid waste containers;
provided, however, that any customer may appeal the
CONTRACTOR's determination regarding the size and number of the
9
solid waste containers furnished in the manner provided in this
Contract. Any container provided by the CONTRACTOR shall
meet relevant industry standards concerning capacity,
durability, and security from the elements or vandalism.
5.3.3 ~gG~iRg_~gR~iners. The CONTRACTOR and the customer
may, by mutual agreement, make arrangements for the CONTRACTOR
to provide locking solid waste containers to the customer.
5.3.4 ~_~9~i~_~9. Should a customer accumulate more
solid waste than the customer's solid waste container can
accomodate, the customer may place such extra waste out for
collection on the day scheduled for regular pickup. The
CONTRACTOR shall pick up such extra solid waste as is neatly
contained in a disposal container such as a standard trash can,
box or bag; provided, however, that no single disposal
container shall exceed 33 gallons in volume or weigh when full
more than 65 pounds.
5.3.5 ~gR~iRgf_~Rgg. During the life of this Contract,
should it become both technically feasible and economically
advisable for the CONTRACTOR to provide containers to customers
now providing their own solid waste containers, either party
may petition the other to consider whether a solid waste
container substitution should be implemented. Consent to
substitution of solid waste containers shall not be
unreasonably withheld by either party. Should substitution of
solid waste containers be implemented, the parties shall
negotiate, in good faith, an appropriate adjustment to the
relevant rate components.
10
5.4.1 Access. CONTRACTOR may refuse to collect containers
from points where because of the condition of the access way it
is impractical or unsafe to operate vehicles.
5.4.2 Waste QR~9_~_~gR~Bg~. The CONTRACTOR may
refuse to collect wastes not placed inside of containers.
5.4.3 Animals ~9R~i~9[9~_~Rterous. CONTRACTOR may refuse
to enter onto private property to collect containers while an
animal considered or feared to be dangerous by the CONTRACTOR
is loose. The customer in that situation will be required to
confine the animal on pick up days.
5.4.4 ~terous Items. The CONTRACTOR is not required to
collect dangerous waste, hazardous waste, extremely hazardous
waste, medical waste, excessive amounts of liquid and dangerous
sharp objects.
5.5 SPILLAG_~. CONTRACTOR shall leave all pick-up areas in a clean,
sanitary condition and shall not permit any solid waste or other
materials dropped from the trucks or disposal containers during
collection to remain on the ground.
5.6 COLLECTION EOUIP~ENT.
5.6.1 ~9~[iR~igR_9~_~ehicles. CONTRACTOR agrees to
furnish and maintain a sufficient number of radio equipped
vehicles especially designed for the collection, hauling, and
disposal of solid waste. The vehicles shall be kept clean,
sanitary, and neatly painted. The vehicles shall all be
painted the same color and shall have the CONTRACTOR'S name
painted in letters of contrasting color, at least four inches
high on the side of each vehicle. The CONTRACTOR shall not use
11
a company name containing the words "Bremerton," "City," or any
other words implying municipal ownership. No advertising other
than the name of the CONTRACTOR shall be displayed on the
vehicles. The vehicles used by CONTRACTOR for the collection
of solid waste shall have a tight metal body and shall at all
times be provided with a proper cover that may be securely
fastened over the load.
5.6.2 Q~gration of Vehicles. The vehicles shall be kept in
proper running order and shall be disinfected at least once a
week. The cover shall be fastened whenever required to prevent
the strewing of waste or when necessary to prevent the exposing
of unsightly waste when the vehicle is in route to the point of
disposal.
5.6.3 [B~pection of Yghi~9~. The vehicles shall be
subject to inspection by an authorized officer of the CITY at
all reasonable times.
5.7 ~Q~Q~_~A~~. At the time of the execution of this
Contract, the Olympic View Sanitary Landfill provides drop-off
services for yard waste, wood waste, and bulky waste. Should the
Olympic View Sanitary Landfill cease to provide this service during
the life of this Contract, then the CONTRACTOR shall provide within
the City limits a drop-off collection point for the same materials.
Said drop-off site shall be open during regular business hours at
least six days per week. Should said services become necessary, the
parties shall together negotiate in good faith a reasonable rate
reflecting the cost of the provision of said service plus reasonable
profit and overhead. Should the parties be unable to agree, then
12
the CITY may construct and operate its own drop-off facility or
contract for such services.
ARTICLE VI
RECYCLING SERVICES
As part of its obligation to collect and dispose of all solid
waste generated by residents of the City of Bremerton, the
CONTRACTOR shall provide the following recycling services.
6.1 ~ RECYCLING _ SERVICES. _ _ ~ ~ 'I'HEIR OWN
SOLID ~ E_T~INER. The CONTRACTOR shall provide the following
curbside pick up, that is pick up from the same site as solid waste
collection, of recyclable materials to all residential customers
that provide their own solid waste container, whether mini-can or
standard trash can or cans.
6.1.1 Date o_f_I_m_Dl_e_m_e_Rt_at_ion. Curbside recycling
services for residential, own-container customers shall begin
December 1, 1992 or at the time residential curbside recycling
is implemented in the level one service areas of Kitsap County.
The CONTRACTOR shall provide the CITY notice of its intent to
implement recycling services at least 180 days prior to such
implementation.
6.1.2 Materials. The CONTRACTOR shall collect at
curbside from residential customers providing their own solid
waste container the following materials:
a. newspapers;
b. aluminum can containers;
c. tin cans;
13
d. magazines;
e. glass containers;
f. PET containers;
g. HDPE containers, uncolored;
h. such other materials as the CITY determines
should be added in the future during the life of this
Contract, provided markets exist for the materials to
be added, and, further, provided that additional
reasonable costs associated with collecting new
materials shall be incorporated into the recycling
rate;
i. Provided, further, however, that the CONTRACTOR
shall have the right to refuse pick up of otherwise
recyclable material if said material is, in the
opinion of the CONTRACTOR, contaminated with other
wastes to the extent the materials cannot be safely
or economically recycled.
6.1.3 Container. The CONTRACTOR shall provide to
residential customers otherwise providing their own solid waste
containers a container or containers for recyclable materials
of sufficient size to handle a single family customers bi-
weekly accumulation of recyclable material. Said container or
containers shall be of uniform color and each shall bear the
logo of the CONTRACTOR.
6.1.4 Service Intervals. The CONTRACTOR shall pick
up recyclable materials pursuant to this sub-section on a bi-
weekly basis on the same day that the CONTRACTOR provides
14
regular solid waste collection service. Provided, however,
that should more or less frequent pick up of recyclable
materials be mandated by any ordinance, statute, interlocal
agreement, or other source of law, the CONTRACTOR shall comply
with said mandate, and, further, be authorized to adjust the
rate for recycling services accordingly, subject to CITY
approval, said approval not to be unreasonably withheld.
a. On the dates specified for regular bi-weekly curbside
collection of recyclable material, the CONTRACTOR shall
pick up, in addition to the materials placed in the
contractor provided recycling containers, any recyclable
material put out by the customer, provided said material
has not been contaminated and is placed in a suitable non-
disposable container.
COLLECTION. The CONTRACTOR shall provide the following recycling
services at curbside to all residences employing solid waste
containers provided by the CONTRACTOR or compacting their own solid
waste for centralized collection.
6.2.1 !~plementation Date. CONTRACTOR shall make recycling
services available to residences employing centralized solid
waste collection in containers provided by the CONTRACTOR by
December 1, 1993, or at the time curbside recycling service is
implemented at multi-family residences in the level one service
areas of Kitsap County. The CONTRACTOR shall provide the CITY
at least 180 days notice prior to the implementation of such
recycling services.
6.2.2 ~9[i~. The CONTRACTOR shall collect at
curbside from residential customers utilizing solid waste
containers provided by the CONTRACTOR or compacting their own
solid waste of the following materials:
a. newspapers;
b. aluminum can containers;
c. tin cans;
d. magazines;
e. glass containers;
f. PET containers;
g. HDPE containers, uncolored;
h. such other materials as the CITY determines
should be added in the future during the life of this
Contract, provided markets exist for the materials to
be added, and, further, provided that additional
costs associated with collecting new materials shall
be incorporated into the recycling rate;
i. provided, further, however, that the CONTRACTOR
shall have the right to refuse pick up of otherwise
recyclable material if said material is, in the
opinion of the CONTRACTOR, contaminated with other
wastes to the extent the materials cannot be safely
or economically recycled.
6.2.3 ~9~9~. The CONTRACTOR shall, in addition
to the solid waste containers provided, furnish
appropriate containers for recyclable materials to all
residential, centralized collection customers. These
16
containers shall be placed in the same general area as
the solid waste containers provided by the CONTRACTOR.
6.2.4 ~9[¥i~9_~tervals. The CONTRACTOR shall
collect recyclable materials from residences employing
centralized collection no less than bi-weekly on the same day
as regular solid waste collection. Provided, however, that
should more or less frequent of recyclable materials be
mandated by any ordinance, statute, interlocal agreement, or
other source of law, the CONTRACTOR shall comply with said
mandate, and, further, be authorized to adjust the rate for
recycling services accordingly, subject to CITY approval, said
approval not to be unreasonably withheld.
6.3 XARD ~STE. Upon subscription, the CONTRACTOR will provide the
following yard waste collection services at curbside to customers.
6.3.1 ~9_9~_~R~9~gR~gR. Yard waste collection will
begin July 30, 1992.
6.3.2 Materials to be Collected. The CONTRACTOR will
collect yard waste as that term is defined in this contract
from subscribing residences
6.3.3 Container. To each subscribing customer, the
CONTRACTOR will provide a container of at least 95 gallons in
capacity, durable, corrosion resistant, non-absorbent, water-
tight, easily cleanable, and equipped with a close-fitting lid.
6.3.4 ~9~¥i~9_!R~9~. Yard waste will be collected bi-
weekly during the months of March, April, May, June, July,
August, September, October, and November. Yard waste will be
collected monthly during the months of December, January, and
17
February.
6.4 ~X~L~G_~¥~_~Q_~Q~_~~IA~ ~Q~. The
CONTRACTOR shall make recycling services available to non
residential customers within the City of Bremerton as follows.
6.4.1 Date of I~~ation. CONTRACTOR shall provide
recycling services to commercial customers beginning on the
same date of provision of recycling services to multi-family
residences as is provided above.
6.4.2 ~fial to be ~XG~. From a commercial site
participating in the recycling program, the CONTRACTOR shall
collect the following materials:
a. newspaper~
b. magazines~
c. white ledger paper~
d. colored ledger paper;
e. corrugated containers;
f. aluminum cans and containers;
g. tin cans;
h. resin separated plastics~
i. glass containers~
j. such other recyclable materials as may be
determined by the CONTRACTOR.
6.4.3 Container. Recyclable materials shall be
collected by commercial customers in an appropriate, non-
disposable container.
6.4.4 ~f~G~_~f~. CONTRACTOR shall collect
recyclable materials from non residential customers at a
18
frequency to be negotiated between CONTRACTOR and customer but
in no event at an ~nterval that ~ould create a nuisance or
public health hazard.
6.5 ~OF RBC~CLABLE ~ATER~ALS. The parties may agree to
delete any material from the list of materials to he recycled.
Consent to such deletion shall not be unreasonably withheld by
either party. Should any recyclable material be deleted from the
list ~f materials to be collected, or should frequency of collec~ion
be decreased, then an appropriate adjustment shall be made to th~
r. ecycl~ng rate component.
6.6 ~Q~]J~X_~~&~Q~- While the CITY ~s contemplating
implementation of a recycling program for which all city residents
will be obligated to pay, nothing in this Contract shall be
construed to obligate any customer of the CONTRACTOR to participate
in the recycling program offered by the CONTRACTOR. Charges for
recycling will commence at the time the recycling programs
referenced in this Contract are made available.
6.7 ~L~_K~&~XQ~. The CITY shall develop and produce all
relevant programs and materials it deems necessary to educate the
public about the recycling services provided pursuant to this
Contract. The CONTRACTOR shall distribute such materials as the
CITY may deem necessary to promote the recycling program called for
in this Contract.
6.8 ~OF ~~. The CONTRACTOR shall have
title to all recyclable materials collected pursuant to this
Contract. CONTRACTOR shall market sa~d materials in a commercially
reasonable fashion. Otherwise recyclable mater~al shall not be
19
placed in a landfill or otherwise thrown away without approval from
the CITY, such approval shall not be unreasonably withheld.
6.9 RE~'~N~E. The CONTRACTOR shall keep a record of and account to
the CITY for all revenue received from the sale of recyclable
materials. All such revenue shall be divided between the CONTRACTOR
and the CITY pursuant to this Contract.
6.10 LIOUIDATED DAY,AGES. Should the CONTRACTOR fail to commence
recycling services to customers in any of the categories described
above by the date specified, the CONTRACTOR shall be liable for
liquidated damages of $50.00 per calendar day until commencement of
the required recycling services.
ARTICLE VII
SERVICE RATES
7.1 B~_~Q~QN~. The rate to be charged by the
CONTRACTOR for services provided pursuant to this Contract shall
consist of four components: collection and hauling, disposal,
recycling, and taxes.
7.1.1 Collg~igR_~R~_~iBi. The collection and
hauling component of the rate shall cover those services
associated with collecting non-recyclable solid waste from the
customer and hauling it to the disposal site.
7.1.2 DisRg~. The disposal component of the rate
shall cover the costs of actual deposit of the collected solid
waste in a landfill or other suitable disposal site.
7.1.3 Eg~¥~Bt- The recycling component of the
rate shall cover the collection, processing, and ultimate
2O
marketing of recyclable materials collected pursuant to this
Contract.
7.1.4 ~9~. The rate shall also include all taxes,
whether imposed by the CITY, Kitsap County, the State of
Washington, the government of the United States, or any other
duly authorized body. All taxes shall be in addition to the
collection and hauling rate, the disposal rate, and the
recycling rate.
7.2 COLLATION AND ~A~I~_~. The collection and hauling rate
component to be charged by the CONTRACTOR shall be as follows:
7.2.1
R~9¥i~9~_~9~_~a~9_~0ntainers. Customers providing their own
solid waste container may elect to employ either a single mini-
can or a standard trash can or cans. A customer electing to
employ a standard trash can or cans may not also use a mini-
can. The rate component to be charged for customers providing
their own solid waste containers shall vary with the number of
units employed and the distance the solid waste receptacle must
be carried to the CONTRACTOR's truck. The current rate
components for collection and hauling are attached to this
Contract as Table "A" and are incorporated in full by this
reference.
7.2.2 Qontractor-P[9¥i~9~_~91id Waste ReceR~a~ga. The
rate component to be charged for the collection and hauling of
solid waste from receptacles provided by the CONTRACTOR are as
set forth in Table "B" to this Contract, said Table
being incorporated in full by this reference.
21
7.2.3 Q~9~9[_~gRR~9~_~9~i~_~a~9. The rate component
to be charged for the collection and hauling of solid waste
compacted by the customer before pick up are as set forth on
Table "C" to this Contract, said Table "C" being incorporated
in full by this reference.
~9~RgRgR~- Beginning in January of 1993, and annually
thereafter for the life of this Contract, the rate component
for collection and hauling of solid waste shall be adjusted by
the percentage prescribed by the Index, Provided, however, that
any upward adjustment of the collection and hauling rate shall
not exceed 6% unless otherwise agreed pursuant to this
Contract. The January adjustment shall be based upon the
percentage produced by the Index in the previous September,
provided, however, that the collection and hauling rate
component for customers using solid waste containers provided
by the CONTRACTOR or compacting their own solid waste shall not
be adjusted pursuant to the Index in January of 1993. The
first adjustment of the CONTRACTOR provided container
collection and hauling rate component shall be in 1994.
7.2.5 ~i¥9 Year E9¥!9~- The collection and hauling rate
shall be reviewed by the CONTRACTOR and the CITY in January of
1996 if either of the following conditions are met:
a. In the event that the Index in each of any of the
three previous five years produced a percentage increase
of 6% or greater;
b. In the event that each of the two years immediately
22
preceding the review the Index has produced an annual
percentage increase of 6% or greater.
The purpose of the review shall be to determine whether the
collection and hauling rate component shall be increased in
accordance with the Index notwithstanding the 6% cap, and,
further, whether the cap should be increased. The CITY's
consent to an increase of the collection and hauling rate
component to comport with the Index shall not be unreasonably
withheld.
7.2.6 ~i~9~aneous .~9~¥i~_~_~. The rates to be
charged for miscellaneous collection and hauling services,
including maintenance of containers and an hourly rate for
trucks and drivers, are as set forth on Table "D" to this
Contract, said Table being incorporated in full by this
reference.
7.2.7 ~gR~ainers 9£_~_~9~i~_~a~9. The CONTRACTOR
shall charge for containers of extra solid waste as described
in Paragraph 5.3.4 of this Contract a rate of $3.75 for each
such extra container. Beginning in January of 1993 and
annualy thereafter, the charge for extra solid waste containers
shall be adjusted annualy pursuant to this Contract in the same
manner as the adjustment of the collection and hauling rate for
customers providing their own solid waste containers.
7.3 ~I~POSAL ~ATE. The CONTRACTOR shall charge a disposal rate
component as follows for the ultimate disposal of the solid waste
collected pursuant to this Contract.
7.3.1 ~G9_9~_~9~. The parties contemplate that
23
during the life of this Contract all solid waste collected
pursuant to this Contract will be disposed of in the Olympic
View Sanitary Landfill in Kitsap County, Washington.
a. Should that disposal site become unavailable,
or should disposal at the Olympic View Sanitary Landfill
become too costly in the opinion of the council, then the
parties shall negotiate a disposal rate component based
upon the cost of disposal at an alternative site. Said
disposal rate shall include a reasonable sum to reflect
necessary overhead, said overhead costs to be specified by
the CONTRACTOR and verified by the CITY.
b. The cost of transporting the CITY's solid
waste to an alternate disposal site, including a
reasonable overhead and profit, shall become part of the
collection and hauling rate component and be adjusted
annually pursuant to this Contract, provided, however,
that nothing in this agreement shall grant the right to
haul other than to a solid waste facility in Kitsap County
unless otherwise directed by the CITY.
c. Under the following conditions, the CITY may designate
an alternative disposal site for the solid waste collected
by the CONTRACTOR pursuant to this Contract:
1. The CITY may designate as an alternative
disposal site a site in full compliance with all
minimum functional standards as imposed by the State
of Washington and the Federal Government, provided
that disposal at said alternative site shall be more
24
cost effective than disposal at the Olympic View
Sanitary Landfill considering both transportation and
disposal costs;
2. The CITY may designate as an alternative
disposal site a site not in compliance with all
minimum functional standards as imposed by both the
State and Federal governments provided that said
landfill is permitted by the Jurisdictional Health
Department as a solid waste disposal site and,
further, provided that disposal at said alternative
site shall be 25% cheaper than disposal at the
Olympic View Sanitary Landfill considering
transportation and actual disposal costs.
d. Should the CITY mandate disposal of the solid waste
collected pursuant to this Contract in a landfill or other
disposal site not meeting the relevant State and Federal
minimum functional standards, then the CITY shall defend
and indemnify the CONTRACTOR from any and all claims that
may be brought as a result of the failure of said landfill
to properly contain the solid waste collected pursuant to
this Contract.
7.3.2 E~9-~9~Rgag~_£9~_PiaRga~_~_Q~m_Ri~_yi~_~i~[~
Land,i!!. The cost of disposal of solid waste at the Olympic
View Sanitary Landfill is shown in Table "E" to this
contract, said Table being incorporated in full by this
reference. Disposal cost is expressed in compacted cubic yards
and loose cubic yards. The proration of these rates to the
25
solid waste receptacles contemplated in this Contract, both
owner supplied and CONTRACTOR supplied and for customers
compacting their own solid waste, are shown in Table "F" to
this Contract, said Table being fully incorporated by this
reference.
7.3.3 ~9i~9~_~9~9K~i9~. The parties anticipate that
the disposal costs at the Olympic View Sanitary Landfill will
convert from a cubic yard or volume analysis to a weight-based
analysis by January 1, 1993. At that time, or at such time as
the volume to weight conversion is completed by the Olympic
View Sanitary Landfill, Tables E and F shall be amended to
reflect the change, and, further, any change in the disposal
rate component resulting from such conversion shall be reviewed
by the CITY and, if found reasonable, shall be incorporated in
January of 1993 or at the next regular adjustment of the
collection and hauling rate. The CITY's consent to a disposal
rate component adjustment based on the conversion shall not be
unreasonably withheld.
7.3.4 ~ustment of the Di~Rg~i_E~9_~gmPgDgD~. Should
the Olympic View Sanitary Landfill, or any alternative disposal
site, increase its rates for the disposal of solid waste, said
increase shall be incorporated into the disposal rate component
charged pursuant to this Contract as follows:
a. Should the Washington Utilities and Transportation
Commission approve an increase at the Olympic View
Sanitary Landfill pursuant to a review of a tariff
proposed by a certificated hauler considered by the
26
Utilities and Transportation Commission to be an
affiliated interest of the Olympic View Sanitary Landfill,
then said increase shall be forthwith incorporated into
the disposal rate component charged by the CONTRACTOR
pursuant to this Contract.
b. In the alternative, the CONTRACTOR shall have the
right to petition the Bremerton City Council for approval
of the incorporation of the landfill increase into the
disposal rate component. The City Council shall have the
right to appoint an independent engineering consultant
qualified to review the petition of the CONTRACTOR. The
CONTRACTOR shall bear the expense of said review to the
extent that it consists of a verification of the
sufficiency and accuracy of the information relied upon in
the CONTRACTOR's petition. Should the independent
consultant's review verify the information contained in
the CONTRACTOR's petition for a rate increase, the CITY's
approval of the disposal rate component increase shall not
be unreasonably withheld.
c. Should disposal be at a site considered not to be an
affiliated interest of the CONTRACTOR as that term is
defined by the Washington Utilities and Transportation
Commission, then any increase in disposal cost shall be
forthwith incorporated into the disposal rate component
charged by the CONTRACTOR pursuant to this Contract.
d. Tipping fees charged for CITY waste shall in no event
exceed those charged for other municipal controlled waste
streams.
7.4 B~X~. Upon implementation of the curbside recycling
program, the CONTRACTOR shall charge a recycling rate component as
follows for the recycling services provided pursuant to this
Contract.
7.4.1 g~ai~ial-~u~9~9~_~aiag_~gi~_~_~91!~
~9_QgR~aiRgf. Each customer within the CITY providing his
or her own solid waste container at his or her place of
residence shall be charged a monthly recycling rate component
as set forth on Table "G" to this Contract.
7.4.2 Eg~dential Service~_~gR~a~9~_~RRR~ig~
Customers employing solid waste containers supplied by the
CONTRACTOR to residential sites or compacting their own solid
waste at residential sites shall be charged a recycling rate
component as is reflected in Table "G" to this Contract.
7.4.3 Rec~!R~_~gfYi~ga_~_~9~grcia~_~i~ga. The
CONTRACTOR shall upon request of the customer provide recycling
services to non-residential customers pursuant to this
Contract. The rate for such service shall be negotiated
between the CONTRACTOR and the customer.
7.4.4 X~[~_~9. The rate for yard waste curbside pick-up
shall be $5.00 per month per container.
rate components, both the residential and the yard waste
components, shall be adjusted pursuant to the Index in the same
manner as the collection and hauling rate component until said
28
services are implemented. At implementation, and annually
thereafter during the life of this Contract, the residential
recycling rate components shall be adjusted by a percentage
amount that is 83% of the percentage change authorized for the
collection and hauling rate.
7.4.6 EgEgR~9_A~fl~igR. The revenue collected by the
CONTRACTOR from the sale of recyclable materials collected
within the City of Bremerton shall be deposited in an interest
bearing account naming both the CONTRACTOR and the CITY as
joint tenants in said account. By February 1st of each year of
this Contract, the funds collected in said account over the
previous year shall be divided between the CITY and the
CONTRACTOR as follows: The CONTRACTOR shall receive a portion
of the accumulated revenue sufficient when combined with the
rate collected by the CONTRACTOR during the previous year to
pay to the CONTRACTOR a profit margin of 13% on the residential
recycling program; provided, however, that in no event shall
the CONTRACTOR receive more than 75% of the accumulated revenue
nor less than 10% of the accumulated revenue.
7.5 WESTPARK. The collection and hauling rate component for the
Westpark subsidized housing complex shall be $6.60 per household;
the recycling rate component shall be negotiated when recycling is
implemented. The Westpark rate shall be subject to annual
adjustment pursuant to this Contract.
7.6 ~K~. The rate charged by the CONTRACTOR to the
customer shall also include a component reflecting all taxes imposed
by the CITY, Kitsap County, the State of Washington, the United
29
States Federal government, or any other duly authorized taxing
authority. Said taxes shall be part of the regular billing to the
customer and shall be charged in addition to the sums authorized for
collection and hauling, disposal, and recycling.
ARTICLE VIII
NISCELLANEOUS PROVISIONS
8.1 EXPANSION OF CITY LINITS. The CONTRACTOR shall provide service
pursuant to this Contract to all areas annexed by the CITY within
six months of annexation.
8.2 ~X_~Q~L_~. The CONTRACTOR shall provide and
make available for the use of the CITY a disposal site within seven
miles of the CITY where the city may dump its street sweepings,
storm drain catch basin waste, and other special city-created or
accumulated solid waste, excluding hazardous waste and medical
waste. The CITY shall pay the cost of said disposal pursuant to the
schedule set forth in paragraph 5.2.6 of this Contract including the
transportation costs incurred by the CONTRACTOR.
8.3 EMPLOYEES OF THE CONTRACTOR.
8.3.1 QgR[~9~[. The CONTRACTOR's employees shall not
produce disruptive noise in residential areas before 6:30 a.m.
on weekdays or before 8:00 a.m. on weekends.
8.3.2 ~9_9~_~A~- The employees of the CONTRACTOR shall
follow the regular walks of pedestrians while on private
property and when returning to the truck after delivering empty
cans and replacing covers.
8.3.3 ~[9~. The employees of the CONTRACTOR shall not
30
enter upon property except as is necessary to fulfill the terms
of this Contract.
8.4 CUSTO~ERRELATIONS.
8.4.1 Office. CONTRACTOR shall maintain during regular
business hours, five days a week, an office provided with
telephone lines and such attendance as may be necessary to
respond to inquiries, orders, and customer complaints relating
to solid waste collection, disposal and recycling as required
in this Contract.
8.4.2 ~9~iRg_~iR9~. The CITY agrees to employ a
hearing examiner or dispute resolution committee to adjudicate
disputes such as, but not limited to, the level of service
determined to be necessary by the CONTRACTOR, the quality of
service provided by the CONTRACTOR; and customer relations.
The CITY shall adopt such procedures as are necessary to
sufficiently empower said hearing examiner or board. The
hearing examiner or board will not adjudicate disputes
involving customer bills.
8.4.3
a. Employees of the CONTRACTOR employed in the collection
and hauling and recycling of solid waste shall log all
observed and reported violations of relevant ordinances in
a form acceptable to the CITY.
b. The CONTRACTOR shall employ a person to investigate
all logged violations. This person shall report the
results of said investigations directly to the CITY
Attorney and shall cooperate fully in the prosecution of
31
such violations.
8.4.4 ~9~R~R~a- All complaints shall be directed to the
CONTRACTOR and shall be given prompt and courteous attention.
In the case of alleged missed scheduled collections, the
CONTRACTOR shall investigate and, if such allegations are
verified, shall arrange for the collection within 24 hours of
receipt of the complaint exclusive of Sundays and legal
holidays.
8.5 BXLLING. The CONTRACTOR shall prepare and submit bills showing
monthly charges for services rendered, including taxes, on at least
a bi-monthly basis.
8.5.1 ~gR~. The customer's bill shall be payable to the
CONTRACTOR.
8.5.2 Address Assis~R~9. The CITY shall provide all
reasonable assistance in determining the property owner's
address including, but not limited to, providing the CONTRACTOR
a list of changes in all persons receiving water bills from the
CITY.
8.5.3 LigB. Upon delinquency, the amount of the bill shall
become a lien against the property served.
a. Said lien is effective by filing a notice of the lien
which specifies the charges, the period covered by the
charges, and a legal description of the property served.
b. The lien shall be filed and foreclosed as the law
prescribes the filing and foreclosure of liens for labor
and materials.
c. The lien shall be prior to any subsequently filed lien
32
but shall be subject to all general taxes and local
improvement assessments whether levied before or after the
lien.
d. The CONTRACTOR shall indemnify and hold the CITY
harmless from liability resulting from the CONTRACTOR's
efforts pursuant to this section.
8.5.7 ~9~9~~_~illi~. The CONTRACTOR and
owners of more than one rental property may arrange for all
billings to be consolidated and sent to one address. The
CONTRACTOR may charge a one time set up fee for arranging this
service.
8.6 ~Q~_~Q_~_~. Beginning within one month after the
implementation of residential curbside recycling services, the
CONTRACTOR shall submit monthly reports to the CITY within ten (10)
days after the end of the previous month providing the following
data for the previous month:
a. Monthly cubic yards and/or tonage of all Bremerton
municipal solid waste disposed of in the Olympic View Sanitary
Landfill. Residential and commercial municipal solid waste
should be summarized separately;
b. Monthly tonages of all recyclable materials recovered, by
material. Residential and commercial recyclable material shall
be summarized separately;
c. Monthly summaries of tonages of all materials sold in
revenues received, by material;
d. Material market prices by recyclable material;
e. Residential and commercial participation rates for
33
recycling and yard waste services in terms of weekly and
monthly said accounts with the description of the methods used
to determine these rates;
f. Listing of date, name, address, and nature of all customer
complaints, accompanied by the date of any action taken, the
resolution and/or unusual problems related to each complaint.
8.7 ~X~_~Q_~~. All of the solid waste of any kind
collected by CONTRACTOR for disposal shall become the property of
the CONTRACTOR upon collection. Responsibility for proper disposal
shall pass to the CONTRACTOR upon collection.
8.8 ~z_~A~D PE~ITS. The CONTRACTOR shall pay all
required taxes, license fees, or permits and shall maintain during
the life of this Contract workmen's compensation insurance for all
of its employees.
8.9 ~_~. The CONTRACTOR shall purchase and maintain during
the life of this Contract comprehensive general liability and
automobile liability insurance that protects the CONTRACTOR and the
CITY from damages arising out of the operations set forth in this
Contract.
8.9.1 Q9~9[~9 The insurance shall cover damages arising
from bodily injury, accidental death, property damage, and
personal injury. The insurance shall cover operations by the
CONTRACTOR or by a person directly or indirectly employed by
the CONTRACTOR.
8.9.2 The CITY shall be included as an additional named
insured on each policy.
8.9.3 Each insurance policy shall be for a minimum amount
34
of $2,000,000.00 per occurrence, with deductibles and self-
insured restrictions not to exceed $25,000.00 per occurrence.
8.9.4 CONTRACTOR shall furnish the CITY with certificates
of insurance evidencing the coverage described in this section
and providing the CITY with 30 days advance notice of
cancellation.
8.10 ~B~&~Q~- The CONTRACTOR covenants that it will
indemnify the CITY from any loss, damage, cost, charges or expenses
that may be charged to the CITY by reason of any act, actions,
neglect, commission or default on the part of the CONTRACTOR.
8.10.1 ~R_case of suit. If a suit is brought against the
CITY because of any act, action, neglect, commission or default
of the CONTRACTOR, in relation to this Contract, the
CONTRACTOR hereby agrees to defend against the suit and pay all
judgments, costs, attorney's fees and other expenses that are
incurred by or obtained against the CITY.
8.10.2 ~imits on Indemnifi~igR. The CONTRACTOR shall not
indemnify the CITY for any act, action or, neglect, commission,
or default resulting solely from the acts or negligence of the
CITY or its agents.
8.11 PERFOP~AN~E BOND. The CONTRACTOR shall execute and file with
the CITY Clerk contemporaneously with the signing of this Contract a
bond in the sum of $50,000.00. The bond shall be in a form
approved by the CITY Attorney. The CONTRACTOR shall keep the bond
in full force and effect during the term of this CONTRACT.
8.11.1 The bond shall name the CONTRACTOR as principal and a
company authorized to do corporate surety business within the
35
State of Washington as surety.
8.11.2 The condition of the bond will be that the CONTRACTOR
will faithfully perform the Contract and pay all labor,
mechanics, materialmen, and all persons who shall supply the
CONTRACTOR with equipment, and supplies related to the
fulfillment of this Contract.
8.12 PA~ENT OF CLAIKS. The CONTRACTOR agrees to pay all due and
just claims related to labor and materials obtained by the
CONTRACTOR in fulfillment of this Contract.
8.13 TRANSFERS BY COIFI'RACTOR.
8.13.1 CONTRACTOR understands and acknowledges
that CITY has granted this Contract to CONTRACTOR in reliance
on CONTRACTOR's business skill and financial capacity.
Accordingly, the CONTRACTOR shall not sell, assign, transfer,
convey, give away, pledge, mortgage, or otherwise encumber this
Contract without the prior written consent of CITY.
8.13.2 CITY shall not unreasonably withhold its consent to a
transfer of this Contract, provided, however, the CITY may
require as exclusive conditions to its approval that:
a. All of CONTRACTOR's accrued monetary obligations
to CITY and all other outstanding obligations related
to the Contract shall have been satisfied;
b. The transferor shall have executed a general
release in a form satisfactory to CITY, of any and
all claims against CITY and its officers, directors,
and employees, in their corporate and individual
capacities, including without limitation, claims
36
arising under federal, state, and local laws, rules,
and ordinances.
c. The transferee shall enter into a written
assignment in a form satisfactory to CITY, assuming
and agreeing to discharge all of CONTRACTOR's
obligations under this Contract.
d. The transferee demonstrates to the reasonable
satisfaction of CITY that it possesses the business
skill and financial capacity to perform this
Contract.
8.13.3 The CONTRACTOR shall notify City of any change in, or
transfer of, or acquisition by any other party of control of
the CONTRACTOR's company. The word "control" as used herein
means any change in majority stock ownership. Every change,
transfer or acquisition of control of the CONTRACTOR's company
shall be subject to the approval by CITY which shall not be
unreasonably withheld. The CITY shall have the right to
require as conditions of its approval that:
a. All of CONTRACTOR's accrued monetary obligations to
CITY and all other outstanding obligations related to the
Contract shall have been satisfied;
b. The transferor shall have executed a general release
in a form satisfactory to CITY, of any and all claims
against CITY and its officers, directors, and employees,
in their corporate and individual capacities, including
without limitation, claims arising under federal, state,
and local laws, rules, and ordinances.
37
c. The transferee shall enter into a written assignment
in a form satisfactory to CITY, assuming and agreeing to
discharge all of CONTRACTOR's obligations under this
Contract.
d. The transferee demonstrates to the reasonable
satisfaction of CITY that it possesses the business skill
and financial capacity to perform this Contract.
8.13.4 ~_~Rfi~_~fi~h__9~_~gR~_~R~9~R~fiR~. Upon the
death or mental incompetency of any person with an interest as
an owner in the Contract, the executor, administrator, personal
representative or trustee of such person or entity shall
transfer within a reasonable time his or its interest to a
third party approved by CITY. Such transfers, including,
without limitation, transfers by devise or inheritance, shall
be subject to the same conditions as any inter vivos transfer.
If the heirs or beneficiaries of any such person are unable to
meet the conditions in 8.13.3, the personal representative of
the deceased CONTRACTOR shall have a reasonable time to dispose
of the deceased's interest in the Contract, which disposition
shall be subject to all the terms and conditions for transfers
contained in this Contract.
8.14 REVENUE AND R~PORTING ~RIFICATIQ~. In order that the CITY may
verify payment of the appropriate utility tax, the CONTRACTOR shall,
upon reasonable request, make available to the CITY or its agents
the record of its accounts and such other records in its possession
as may be necessary for the CITY to determine the accuracy of the
reports of gross receipts. The CITY may require verification of the
38
tonage of solid waste collected pursuant to this Contract and of the
number of residences and businesses served. The CITY may require
this verification upon reasonable notice in order to check the
reports called for in paragraph 8.6 of this agreement. The CITY may
further seek such verification when reviewing rate adjustments
requested by the CONTRACTOR.
8.15 NON-DXSCRX#~NATXQN. CONTRACTOR shall not discriminate against
any employee or applicant for employment because of race, creed,
color, national origin, sex, age, or the presence of a physical or
mental disability.
8.15.1 The CONTRACTOR shall not discriminate on the bases
described above when it engages in the following non-exhaustive
list of activities:
a. employment;
b. upgrading;
c. demotion;
d. transfer;
e. recruitment;
f. recruitment advertising;
g. lay-off;
h. termination;
i. setting of rates of pay or other forms of
compensation; and
j. selection for training.
8.15.2 ~Q~AG~_~_~Ri~y~. In all solicitation for
employees the CONTRACTOR shall state that all qualified
applicants will receive consideration for employment without
39
regard to race, creed, color, national origin, sex, age, or the
presence of a physical or mental disability. The words "equal
opportunity employer" in an advertisement shall constitute
compliance with this section.
8.16 ~. The CONTRACTOR and the CITY shall not be liable
for the failure to perform its duties, or for any resultant damage
or loss, due to catastrophe, riot, war, government order or
regulation, accident, act of god, or other similar or different
contingency beyond the reasonable control of the CONTRACTOR or the
CITY.
8.16.1 ~gR~/!~ig]!_9£_Force ~9. If the circumstances
resulting from such unforeseen circumstances persist for more
than 30 days, or if after their cessation the CONTRACTOR is
unable to render full or substantial performance for a period
of seven days, the CONTRACTOR or the CITY may terminate this
Contract upon written notice given seven days in advance to the
other party.
8.17 INSOLVENCY. A party's insolvency, or voluntary or involuntary
bankruptcy, shall not constitute a breach of this Contract unless
the party fails to give a timely and adequate assurance of its
ability to perform. Until such assurances are received, the other
party may suspend, if commercially reasonable, any performance due
upon its part unless already paid for. If the insolvent party is
unable to give adequate assurance, the other party may terminate
this Contract with 30 days written notice. Assumption of this
Contract by an insolvent party's trustee shall not operate as an
automatic repudiation, prospective unwillingness to perform, or a
40
breach of this Contract.
8.18 ~QYKB~_~&I_~D_~U~. This Contract shall be construed
according to the laws of the State of Washington as they are at the
time of its execution or may be amended in the future. The parties
agree that if a dispute under this Contract, leads to litigation,
venue will be in the Kitsap County Superior Court.
8.19 ATTORNE~/~_FEES_A~D_COSTS. Should any dispute regarding this
Contract lead to litigation, the prevailing party shall be entitled
to all related costs and reasonable attorney's fees at all court
levels.
8.20 SE¥~RABILIT¥. If any portion of this Contract is invalid, the
remainder of the Contract will still be valid.
8.21 HEADINGS, ETC. The headings is this Contract are inserted for
convenience of reference only and shall not affect the
interpretation of this Contract. If from the context it appears
appropriate, each term stated in either the singular or the plural
shall include the plural and the singular, and the pronouns stated
in either the masculine or the neuter gender shall include the
masculine, the feminine, and the neuter.
8.22 NO WAI~R. The failure of either party to seek redress for
non-compliance with this Contract will not prevent a subsequent
incident of non-compliance from having the effect of an original
incident.
8.23 ~B~_A~~- This Contract constitutes the entire
agreement between the parties and supersedes all prior agreements.
8.24 ~ODIFICATIONS. This Contract may not be modified or amended
unless such modification or amendment is reduced to writing and
41
appropriately executed by both the parties or their lawful
representatives.
8.25 COMPLIANCE WITH ~ELEVANT LAWS. Both parties agree to follow
all relevant laws and amendments.
8.26 ~_~. If the CONTRACTOR abandons, willfully delays the
performance of, or in any manner willfully fails to comply with any
of the terms of the Contract excluding catastrophies or acts of God,
the CITY may, after 72 hours, notify the CONTRACTOR in writing of
such abandonment, delay, refusal, failure or neglect and direct the
CONTRACTOR to comply with all provisions of this Contract. Copies
of such written notice shall be mailed to the surety on the
performance bond and delivered to the Mayor.
8.26.1 Upon receipt of said notice, the Mayor shall take such
action as he or she deems necessary or advisable to continue
the provision of the services called for in this Contract to
the residents of the CITY. The cost of all labor, materials,
and equipment necessary for such work shall become the
obligation of the CONTRACTOR and its sureties.
8.27 ~OTICES. Ail notices required under this Contract shall be
personally delivered or mailed by certified or registered mail,
postage prepaid, as follows: TO THE CITY: City of Bremerton,
Attention: City Clerk, 239 Fourth Street, Bremerton, WA 98310; TO
THE CONTRACTOR: Brem-Air Disposal, Inc., P.O. BOX 438, Bremerton,
WA 98310; or to such other address as either party shall specify by
written notice so given, and shall be deemed to have been given as
of the date so delivered or three (3) days following the date
postmarked.
42
By: President, B~ir Dis~o~Fal, Inc.
Da te: ~-//-~-/~-2 ....... ~gr~.~ ~~~-
Date: ~D~\~ By: Louis Mentor ...........
Mayor of the City of Bremerton
Kathy McCl~s key ~
Bremerton City Clerk
Date: ~//~ / ~ ~------' By~
Brenerton City Attorney
43
TABLE
RESIDENTIAL RECYCLING SERVIC~.-~
1. The rate for curbside recycling services to residential
customers using their own solid waste containers of 32 gallons or
less shall be as of January 1, 1992, $2.86 per residence per month.
2. The rate for curbside recycling services to residential
customers using solid waste containers of 100 gallons or more
provided by the CONTRACTOR or compacting their own solid waste at
residential sites shall be as of January 1, 1992, $2.24 per
residence per month.
CITY OF BREMERTON
CONTRACT FOR SOLID WASTE COLLECTION, RECYCLING AND DISPOSAL
ARTICLE I - Parties 1
ARTICLE II - Premises 1
ARTICLE III - Agreement 2 3.1 Exclusive Right 2
3.2 Term 2
ARTICLE IV - Definitions 2
ARTICLE V - Collection and Disposal Services, 6
Non-Recyclable Solid Waste
5.1 Solid Waste Collection and Disposal 6
5.2 Frequency of Collection 6
5.3 Collection Containers 9
5.4 Limitations on Collection Services 10
5.5 Spillage 11
5.6 Collection Equipment 11
5.7 Drop-off Facilities 12
ARTICLE VI - Recycling Services 13
6.1 Curbside Recycling Services. Customers 13
Providing their Own Solid Waste Container
6.2 Curbside Recycling Services, Residential, 15
Centralized Collection
6.3 Yard Waste 17
6.4 Recycling Services to Non Residential 18
Customers
6.5 Deletion of Recyclable Materials 19
6.6 Voluntary Participation 19
6.7 Public Education 19
6.8 Marketing of Recyclable Materials 20
6.9 Revenue 20
6.10 Liquidated Damages 20
ARTICLE VII - Service Rates 20
7.1 Rate Components 20
7.2 Collection and Hauling Rate 21
7.3 Disposal Rate 24
7.4 Recycling 28
7.5 Westpark 30
7.6 Taxes 30
ARTICLE VIII - Miscellaneous Provisions 30 8.1 Expansion of City Limits 30
8.2 City Disposal Site 30
8.3 Employees of the Contractor 31
8.4 Customer Relations 31
8.5 Billing 32
8.6 Reports to the City 34
8.7 Title to Materials 34
8.8 Taxes, Licenses, and Permits 35
8.9 Insurance 35
8.10 Indemnification 35
8.11 Performance Bond 36
8.12 Payment of Claims 37
8.13 Transfers by Contractor 37
8.14 Revenue and Reporting Verification 39
8.15 Non-Discrimination 40
8.16 Force Majeure 41
8.17 Insolvency 41
8.18 Governing Law and Venue 42
8.19 Attorney's Fees and Costs 42
8.20 Severability 42
8.21 Headings, Etc. 42
8.22 No Waiver 42
8.23 Entire Agreement 42
8.24 Modifications 42
8.25 Compliance with Relevant Laws 43
8.26 Default 43
8.27 Notices 43
CONTRACT FOR SOLID WASTE COLLECTIONa I~ECYCLING AND DISPOSAL
ARTICLE I
PARTIES
The Parties to this Contract are as follows.
1.1 THE CITY OF BREMERTON. The City of Bremerton is a washington
State municipal corporation of the first class. The City of
Bremerton is referred to below as the "CITY."
1.2 BREM-AIR DISPOSAL, INC. Brem-Air Disposal, Inc. is a duly
licensed and subsisting corporation. Brem-Air Disposal, Inc. is
referred to below as the "CONTRACTOR."
ARTICLE II
PREMISES
The CITY and the CONTRACTOR enter into this contract for the
reasons listed in this Article.
2.1 It appears reasonable and necessary that the collection and
disposal of solid waste in the CITY be accomplished under private
contract.
2.2 The CITY has relied upon the COntRACTOR for the collection of
solid waste generated by the CITY and its residents for over ten
years.
2.3 The CONTRACTOR has satisfactorily collected the solid
waste generated by the CITY and its residents for over ten years.
1
2.4 The parties have found their past relationship to be mutually
beneficial.
2.5 The parties wish to continue their relationship on mutually
agreeable terms.
A~TICLE III
AGREEMENT
From the above premises, the Parties agree as follows.
3.1 EXCLUSIVE RIGHT. The parties agree that the CONTRACTOR shall
have the exclusive right to collect, recycle, and
otherwise dispose of all solid waste accumulated by the CITY and its
residents for collection by the CONTRACTOR, in accordance with the
other terms of this agreement; provided, however, that the
CONTRACTOR is not obligated to collect, recycle, or otherwise
dispose of solid waste specifically excluded by the terms of this
Contract.
3.1.1 The CITY agrees to enact and enforce the ordinances
necessary to require all residents of the CITY, whether private
inhabitants or commercial inhabitants, to subscribe for and pay
for the CONTRACTOR's services as described by this Contract.
3.2 TERN. The term of this contract shall be for ten years, from
December 31, 1991 to December 31, 2001.
ARTICLE IV
DEFINITIONS
Unless otherwise expressly provided, or unless the context
otherwise requires, the terms set forth shall have the meaning
defined in this Article. Any other term shall have its usual and
customary meaning, unless the context requires a different meaning.
4.1 "CORPACTED MATERIALS" Means any material which has been
compressed by a mechanical device either before or after it has been
placed in a receptacle handled by CONTRACTOR.
4.2 "CONTAINER" Means any reusable container that is durable,
corrosion resistant, non-absorbent, and easily cleanable, which is
left at a customer's premises and emptied into CONTRACTOR'S truck
either by human or mechanical means.
4.3 ~gRER" Means any person residing in or doing business
within the CITY limits to whom solid waste collection and hauling,
disposal, or recycling services are provided pursuant to this
Contract including, but not limited to, all persons receiving bills
from the CONTRACTOR for the collection and hauling, disposal and
recycling of solid waste.
4.4 "DANGEROUS WASTE" Means any discarded, useless, unwanted or
abandoned substances, including, but not limited to certain
pesticides, or any residues or containers of such substances which
are disposed of in such quantity or concentration as to pose a
substantial present or potential hazard to human, wildlife, or the
environment because of such wastes or constituents or combinations
of such wastes:
4.4.1 Have short-lived toxic properties that may cause
death, injury, or illness or have mutagenic, teratogenic, or
carcinogenic properties; or
4.4.2 Are corrosive, explosive, flammable, or may generate
3
pressure through decomposition or other means.
4.5 "DISPOSAL SITE" Means the location where any final treatment,
utilization, processing, or deposit of solid waste occurs.
4.6 'EXTREMELY ~AZARDOUS WASTE" Means any dangerous waste which:
4.6.1 Will persist in a hazardous form for several years or
more to disposal site and which in its persistent form presents
a significant environmental hazard and may be concentrated by
living organisms through a food chain or may effect the genetic
make-up of man or wildlife and is highly toxic to man or
wildlife;
4.6.2 If disposed of at a disposal site in such quantities
as would present an extreme hazard to man or the environment;
4.7 "HAZARDOUS WASTE" Means and includes all dangerous and
extremely hazardous wastes, including substances composed of both
radioactive and hazardous components.
4.8 "INDEX" Index shall mean the Consumer Price Index for Services
for Class C Cities, Western Region, as published by the United
States Bureau of Labor and Statistics.
4.9 "JURISDICTIONAL HEALTH DEPARTMENT" Means City, County, City-
County, or District Public Bealth Department.
4.10 "LANDFILL" Means a disposal facility or part of the facility
at which solid waste is placed in or on land and which is not a land
treatment facility.
4.11 "~EDICAL WASTE" Means all the infectious, and injurious waste
originating from a medical, veterinary or intermediate care
facility.
4
4.12 "NINI-CAN" Shall mean a container made of durable, corrosion
resistant, non-absorbent material, water tight with a close fitting
cover which shall not exceed 20 gallons in volume and 32% pounds in
weight including contents.
4.13 "PERSON' Means any individual, firm, association, co-
partnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity
whatsoever.
4.14 "RECYCLABLE ~ATERIALS' Means those solid wastes that are
separated for recycling or reuse, such as papers, metals, and glass,
that are identified as recyclable material pursuant to a local
comprehensive solid waste plan or by ordinance.
4.15 'RECYCLING' Means transforming or remanufacturing waste
materials into useable or marketable materials for use other than
landfill disposal or incineration.
4.16 "RESIDENCE" As used in this Contract, residence shall
mean a living space individually rented, leased, or owned
whether a free standing single family residence or a portion of a
multi-family residence structure or other building.
4.17 ~SOLID WASTE" or "WASTES" Means all putresible and non-
putresible solid and semi-solid wastes including, but not limited
to, garbage, rubbish, ashes, industrial wastes, swill, demolition
and construction wastes, and recyclable materials.
4.18 "STANDARD TRASH CAN" Shall mean a solid waste container made
of durable, corrosion resistant, non-absorbent material, water tight
with a close fitting lid, which shall not exceed 32 gallons or four
5
cubic feet of capacity nor 65 pounds including contents.
4.19 "TRANSFER FACILITY" Means a staffed, fixed, supplemental
facility used by persons and route-collection vehicles to deposit
solid waste into transfer trailers for transportation to a disposal
site.
4.20 "YARD WASTE" Means grass clippings, leaves, loose plant
material, and branches or sticks less than one inch in diameter and
no more than three feet in length. Christmas trees shall be
considered yard waste provided they have been cut by the customer so
that the branching spread is no more than four feet across and no
more than 'three feet in length. Yard waste shall not include any
substance otherwise within this definition that has been
contaminated by hazardous waste, fecal matter, or any other
substance that will inhibit the natural decomposition of the yard
waste.
ARTICLE V
COLLECTION AND DISPOSAL SERVICES, NON-RECYCLABLE SOLID WASTE
5.1 SOLID WASTE COLLECTION ANDDISPOSAL.
5.1.1 The CONTRACTOR agrees to collect and dispose of all
solid waste accumulated by customers for collection by the
CONTRACTOR within the CITY limits subject to the limitations in
this contract.
5.1.2 Provided, however, the CONTRACTOR shall have no
obligation to collect and dispose of hazardous waste and
medical waste.
5.2 FREOUENCYOF COLLEC~_~__QO~.
6
5.2.1 Residential Service. The CONTRACTOR shall make at
least one collection each week at all places of residence
inside the city limits.
5.2.2 ~9~_~9~!~9~i~_~9~¥i~9- Collection at all
other buildings, places of business, or premises where solid
waste is accumulated or generated within the CITY limits shall
be made as frequently as may be necessary in the opinion of the
CONTRACTOR to avoid the creation of a nuisance or the violation
of any ordinance, regulation, or law, but in no event less than
once a week, nor more than six times a week with at least 24
hours between collections; provided, however, that any customer
dissatisfied with the frequency of collection determined to be
appropriate by the CONTRACTOR can appeal said determination
pursuant to the terms of this Contract.
5.2.3 The CONTRACTOR shall have authority to schedule all
collection services and will provide each customer with
consistent service on the same day or days each week.
Collections in residential areas shall occur only Monday
through Friday, and in no event before 6:30 a.m.
5.2.4 ~bg~R~ Due to Weather and Other Causes. If
disruptions beyond the control of the CONTRACTOR, such as
weather, prevent collection on the scheduled day, the
CONTRACTOR shall make collection on the next regularly
scheduled workday on which collection is possible. The
collection that resumes scheduled service shall take at no
additional charge bags, boxes, and other secure wrappers and
7
shall empty temporary receptacles that customers have used when
the regular containers have been filled.
5.2.5 ~9~9~i~_~9_~9_~9~_~9~!~¥~- When the day of
regular collection is a legal holiday as defined by State law
or City ordinance, CONTRACTOR may reschedule the regular
collection to the next succeeding work day. If a legal holiday
falls on a Friday, CONTRACTOR may make the collection the next
day. CONTRACTOR shall not collect refuse a day early due to a
holiday.
5.2.6 ~9~¥i~9_~9_~9_~!~ of Bremerton.
a. The CONTRACTOR shall collect free of charge all solid
waste accumulated for collection and disposal by the CITY
at city fire stations, the city hall, the municipal
garage, city parks and all other city-owned and occupied
buildings, and, further, from all public-use solid waste
containers on public property in the Bremerton business
areas.
b. The CITY shall be responsible for payment of the
landfill fees associated with disposal of the solid waste
generated by the CITY including the disposal of solid
wastes collected by the CITY itself such as street
sweepings and construction debris; provided, however, that
the CONTRACTOR shall subsidize the CITY's landfill fees as
follows:
1. In the year 1992, the CITY shall pay nothing
for disposal of its solid waste;
2. In 1993, the CITY shall be responsible for
any lawfully imposed landfill tax or assessment and
25% of the actual landfill costs;
3. In 1994, the CITY shall be responsible for
any lawfully imposed landfill tax or assessment and
50% of the actual landfill costs;
4. In 1995, the CITY shall be responsible for
any lawfully imposed landfill tax assessment and 75%
of the actual landfill costs;
5. In 1996 and for each year thereafter during
the life of this Contract, the CITY shall be
responsible for any lawfully imposed landfill tax
assessment and 100% of the actual landfill costs.
5.3 COLLECTION CONTAINERS.
5.3.1 Customer Provided Containers. A customer may provide
its own container for solid waste. The container provided by
the customer shall be either a "standard trash can" or a "mini-
can" as those terms are defined in this contract.
5.3.2 Contractor Provided Containers. At the
request of a customer, or if, in the CONTRACTOR's opinion, the
customer's needs require it to avoid the creation of a nuisance
or the violation of any ordinance, regulation, or law, the
CONTRACTOR may supply the customer a larger solid waste
container; provided, however, that any customer may appeal the
CONTRACTOR's determination regarding the size of the solid
waste container provided in the manner provided in this
Contract. Any container provided by the CONTRACTOR shall
meet relevant industry standards concerning capacity,
durability, and security from the elements or vandalism.
5.3.3 Lg~Bt Containers. The CONTRACTOR and the customer
may, by mutual agreement, make arrangements for the CONTRACTOR
to provide locking solid waste containers to the customer.
5.3.4 ~z~t. Customers may purchase from the
CONTRACTOR tags authorizing the customer to dispose of
additional solid waste. The tag shall be affixed to a sealed
plastic bag of no more than 33 gallons of capacity. A sealed
bag so marked shall be collected for disposal by the CONTRACTOR
at the regular time when placed with the customer's regular
solid waste container.
5.3.5 Container ~h~Bl9. During the life of this Contract,
should it become both technically feasible and economically
advisable for the CONTRACTOR to provide containers to customers
now providing their own solid waste containers, either party
may petition the other to consider whether a solid waste
container substitution should be implemented. Consent to
substitution of solid waste containers shall not be
unreasonably withheld by either party. Should substitution of
solid waste containers be implemented, the parties shall
negotiate, in good faith, an appropriate adjustment to the
relevant rate components.
5.4 LIMITATIONS ON COLLECTION SERVICES.
5.4.1 Access. CONTRACTOR may refuse to collect containers
10
from points where because of the condition of the access way it
is impractical or unsafe to operate vehicles.
5.4.2 Waste Outside of Container. The CONTRACTOR may
refuse to collect wastes not placed inside of containers.
5.4.3 ~i~_~9~i~9~9~_D~B~erous. CONTRACTOR may refuse
to enter onto private property to collect containers while an
animal considered or feared to be dangerous by the CONTRACTOR
is loose. The customer in that situation will be required to
confine the animal on pick up days.
5.4.4 ~B~erous Items. The CONTRACTOR is not required to
collect dangerous waste, hazardous waste, extremely hazardous
waste, medical waste, excessive amounts of liquid and dangerous
sharp objects.
5.5 SPILLAGE. CONTRACTOR shall leave all pick-up areas in a clean,
sanitary condition and shall not permit any solid waste or other
materials dropped from the trucks or disposal containers during
collection to remain on the ground.
5.6 COLLECTION ~UIP~EI~_.
5.6.1 Descri~igR_9~_~ghi~9~. CONTRACTOR agrees to
furnish and maintain a sufficient number of radio equipped
vehicles especially designed for the collection, hauling, and
disposal of solid waste. The vehicles sh~ll be kept clean,
sanitary, and neatly painted. The vehicles shall all be
painted the same color and shall have the CONTRACTOR'S name
painted in letters of contrasting color, at least four inches
high on the side of each vehicle. The CONTRACTOR shall not use
11
a company name containing the words "Bremerton," "City," or any
other words implying municipal ownership. No advertising other
than the name of the CONTRACTOR shall be displayed on the
vehicles. The vehicles used by CONTRACTOR for the collection
of solid waste shall have a tight metal body and shall at all
times be provided with a proper cover that may be securely
fastened over the load.
5.6.2 Q~9~!9~_9~_¥gb!~9~. The vehicles shall be kept in
proper running order and shall be disinfected at least once a
week. The cover shall be fastened whenever required to prevent
the strewing of waste or when necessary to prevent the exposing
of unsightly waste when the vehicle is in route to the point of
disposal.
5.6.3 !~9~igR_9~_Ygbi~9~. The vehicles shall be
subject to inspection by an authorized officer of the CITY at
all reasonable times.
5.7 DROP-OFF FACILITIES. At the time of the execution of this
Contract, the Olympic View Sanitary Landfill provides drop-off
services for yard waste, wood waste, and bulky waste. Should the
Olympic View Sanitary Landfill cease to provide this service during
the life of this Contract, then the CONTRACTOR shall provide within
the City limits a drop-off collection point for the same materials.
Said drop-off site shall be open during regular business hours at
least six days per week. Should said services become necessary, the
parties shall together negotiate in good faith a reasonable rate
reflecting the cost of the provision of said service plus reasonable
12
profit and overhead. Should the parties be unable to agree, then
the CITY may construct and operate its own drop-off facility or
contract for such services.
ARTICLE VI
RECYCLING SERVICES
AS part of its obligation to collect and dispose of all solid
waste generated by residents of the City of Bremerton, the
CONTRACTOR shall provide the following recycling services.
6.1 ~URBSIDE RECYCLING SERVICES. CUSTOMERS PROVIDING TEEIR OWN
SOLID WASTE CONTAINER. The CONTRACTOR shall provide the following
curbside pick up, that is pick up from the same site as solid waste
collection, of recyclable materials to all residential customers
that provide their own solid waste container, whether mini-can or
standard trash can or cans.
6.1.1 ~9-9~_~9~i9B. Curbside recycling
services for residential, own-container customers shall begin
December 1, 1992 or at the time residential curbside recycling
is implemented in the level one service areas of Kitsap County.
The CONTRACTOR shall provide the CITY notice of its intent to
implement recycling services at least 180 days prior to such
implementation.
6.1.2 Materials. The CONTRACTOR shall collect at
curbside from residential customers providing their own solid
waste container the following materials:
a. newspapers;
b. aluminum can containers;
13
c. tin cans;
d. magazines;
e. glass containers;
f. PET containers;
g. HDPE containers, uncolored;
h. such other materials as the CITY determines
should be added in the future during the life of this
Contract, provided markets exist for the materials to
be added, and, further, provided that additional
reasonable costs associated with collecting new
materials shall be incorporated into the recycling
rate;
i. Provided, further, however, that the CONTRACTOR
shall have the right to refuse pick up of otherwise
recyclable material if said material is, in the
opinion of the CONTRACTOR, contaminated with other
wastes to the extent the materials cannot be safely
or economically recycled.
6.1.3 Container. The CONTRACTOR shall provide to
residential customers otherwise providing their own solid waste
containers a container or containers for recyclable materials
of sufficient size to handle a single family customers bi-
weekly accumulation of recyclable material. Said container or
containers shall be of uniform color and each shall bear the
logo of the CONTRACTOR.
6.1.4 Service Intervals. The CONTRACTOR shall pick
14
up recyclable materials pursuant to this sub-section on a bi-
weekly basis on the same day that the CONTRACTOR provides
regular solid waste collection service. Provided, however,
that should more or less frequent pick up of recyclable
materials be mandated by any ordinance, statute, interlocal
agreement, or other source of law, the CONTRACTOR shall comply
with said mandate, and, further, be authorized to adjust the
rate for recycling services accordingly, subject to CITY
approval, said approval not to be unreasonably withheld.
a. On the dates specified for regular bi-weekly curbside
collection of recyclable material, the CONTRACTOR shall
pick up, in addition to the materials placed in the
contractor provided recycling containers, any recyclable
material put out by the customer, provided said material
has not been contaminated and is placed in a suitable non-
disposable container.
6.2 CURBSIDE RE~X~_~~x RESIDENTIA~x_~~
COLLECTION. The CONTRACTOR shall provide the following recycling
services at curbside to all residences employing solid waste
containers provided by the CONTRACTOR or compacting their own solid
waste for centralized collection.
6.2.1 ~plementation Date. CONTRACTOR shall make recycling
services available to residences employing centralized solid
waste collection in containers provided by the CONTRACTOR by
December 1, 1993, or at the time curbside recycling service is
implemented at multi-family residences in the level one service
15
areas of Kitsap County. The CONTRACTOR shall provide the CITY
at least 180 days notice prior to the implementation of such
recycling services.
6.2.2 Materials. The CONTRACTOR shall collect at
curbside from residential customers utilizing solid waste
containers provided by the CONTRACTOR or compacting their own
solid waste of the following materials:
a. newspapers;
b. aluminum can containers;
c. tin cans;
d. magazines;
e. glass containers;
f. PET containers;
g. I~PE containers, uncolored;
h. such other materials as the CITY determines
should be added in the future during the life of this
Contract, provided markets exist for the materials to
be added, and, further, provided that additional
costs associated with collecting new materials shall
be incorporated into the recycling rate;
i. provided, further, however, that the CONTRACTOR
shall have the right to refuse pick up of otherwise
recyclable material if said material is, in the
opinion of the CONTRACTOR, contaminated with other
wastes to the extent the materials cannot be safely
or economically recycled.
16
6.2.3 Container. The CONTRACTOR shall, in addition
to the solid waste containers provided, furnish
appropriate containers for recyclable materials to all
residential, centralized collection customers. These
containers shall be placed in the same general area as
the solid waste containers provided by the CONTRACTOR.
6.2.4 Service Intervals. The CONTRACTOR shall
collect recyclable materials from residences employing
centralized collection no less than bi-weekly on the same day
as regular solid waste collection. Provided, however, that
should more or less frequent of recyclable materials be
mandated by any ordinance, statute, interlocal agreement, or
other source of law, the CONTRACTOR shall comply with said
mandate, and, further, be authorized to adjust the rate for
recycling services accordingly, subject to CITY approval, said
approval not to be unreasonably withheld.
6.3 YA~D WASTe. Upon subscription, the CONTRACTOR will provide the
following yard waste collection services at curbside to customers.
6.3.1 Date of ~~9~. Yard waste collection will
begin July 30, 1992.
6.3.2 Materials to be Collected. The CONTRACTOR will
collect yard waste as that term is defined in this contract
from subscribing residences
6.3.3 ~9~iR9~. To each subscribing customer, the
CONTRACTOR will provide a container of at least 95 gallons in
capacity, durable, corrosion resistant, non-absorbent, water-
17
tight, easily cleanable, and equipped with a close-fitting lid.
6.3.4 Service Intervals. Yard waste will be collected bi-
weekly during the months of March, April, May, June, July,
August, September, October, and November. Yard waste will be
collected monthly during the months of December, January, and
February.
6.4 RECYCLING SERVICES TO NON RESIDENTIAL CUSTOMERS. The
CONTRACTOR shall make recycling services available to non
residential customers within the City of Bremerton as follows.
6.4.1 Date of !~9~gB~gR. CONTRACTOR shall provide
recycling services to commercial customers beginning on the
same date of provision of recycling services to multi-family
residences as is provided above.
6.4.2 ~9~_~9_~9_~9~¥~9~. From a commercial site
participating in the recycling program, the CONTRACTOR shall
collect the following materials:
a. newspaper;
b. magazines;
c. white ledger paper;
d. colored ledger paper;
e. corrugated containers;
f. aluminum cans and containers;
g. tin cans;
h. resin separated plastics;
i. glass containers;
j. such other recyclable materials as may be
18
frequency to be negotiated between CONTRACTOR and customer but
in no event at an interval that would create a nuisance or
public health hazard.
6.5 DELETXQN QF I~CYCLABLE_~TE_~.~_.~. The parties may agree to
delete any material from the list of materials to be recycled.
Consent to such deletion shall not be unreasonably withheld by
either party. Should any recyclable material be deleted from the
list of materials to be collected, or should frequency of collection
be decreased, then an appropriate adjustment shall be made to the
recycling rate component.
6.6 ~Q~_N~_~BX_~BZ~X~Q~- While the CITY is contemplating
implementation of a recycling program for which all city residents
will be obligated to pay, nothing in this Contract shall be
construed to obligate any customer of the CONTRACTOR to participate
in the recycling program offered by the CONTRACTOR. Charges for
recycling will commence at the time the recycling programs
referenced in this Contract are made available.
6.7 R~_~Q~. The CITY shall develop and produce all
relevant programs and materials it deems necessary to educa
public about the recycling services provided pursuant t(
Contract. The CONTRACTOR shall distribute such materials
CITY may deem necessary to promote the recycling program call
in this Contract.
6.8 HARKETINf~_OF_RI~Y~LABLE HATERIALS. The CONTRACTOR shal
title to all recyclable materials collected pursuant to this
Contract. CONTRACTOR shall market said materials in a commercially
reasonable fashion. Otherwise recyclable material shall not be
19
determined by the CONTRACTOR.
6.4.3 Con~iBg[. Recyclable materials shall be
collected by commercial customers in an appropriate, non-
disposable container.
6.4.4 ~9~!!~9_~B~9~¥~. CONTRACTOR shall collect
recyclable materials from non residential customers at a
frequency to be negotiated between CONTRACTOR and customer but
in no event at an interval that would create a nuisance or
public health hazard.
6.5 DELETION OF RECYCLABLE MATERIALS. The parties may agree to
delete any material from the list of materials to be recycled.
Consent to such deletion shall not be unreasonably withheld by
either party. Should any recyclable material be deleted from the
list of materials to be collected, or should frequency of collection
be decreased~ then an appropriate adjustment shall be made to the
recycling rate component.
6.6 yQ~N__~_~~9~. While the CITY is contemplating
implementation of a recycling program for which all city residents
will be obligated to pay, nothing in this Contract shall be
construed to obligate any customer of the CONTRACTOR to participate
fn the recycling program offered by the CONTRACTOR. Charges for
recycling will commence at the time the recycling programs
referenced in this Contract are made available.
6.7 PUBLIC EDUCATION. The CITY shall develop and produce all
relevant programs and materials it deems necessary to educate the
public about the recycling services provided pursuant to this
19
Contract. The CONTRACTOR shall distribute such materials as the
CITY may deem necessary to promote the recycling program called for
in this Contract.
6.8 MARKETING OF RECYCLABLE ~ATERIALS. The CONTi~ACTOR shall have
title to all recyclable materials collected pursuant to this
Contract. CONTRACTOR shall market said materials in a commercially
reasonable fashion. Otherwise recyclable material shall not be
placed in a landfill or otherwise thrown away without approval from
the CITY, such approval shall not be unreasonably withheld.
6.9 REVENUE. The CONTRACTOR shall keep a record of and account to
the CITY for all revenue received from the sale of recyclable
materials. Ail such revenue shall be divided between the CONTRACTOR
and the CITY pursuant to this Contract.
6.10 ~IDATED DAMAGES. Should the CONTRACTOR fail to commence
recycling services to customers in any of the categories described
above by the date specified, the CONTRACTOR shall be liable for
liquidated damages of $50.00 per calendar day until commencement of
the required recycling services.
ARTICLE VII
SERVICE RATES
7.1 RATE CONPONENTS. The rate to be charged by the
CONTRACTOR for services provided pursuant to this Contract shall
consist of four components: collection and hauling, disposal,
recycling, and taxes.
7.1.1 Collection and Haulint. The collection and
hauling component of the rate shall cover those services
20
associated with collecting non-recyclable solid waste from the
customer and hauling it to the disposal site.
7.1.2 Dis99~. The disposal component of the rate
shall cover the costs of actual deposit of the collected solid
waste in a landfill or other suitable disposal site.
7.1.3 ~9GYG~iBI. The recycling component of the
rate shall cover the collection, processing, and ultimate
marketing of recyclable materials collected pursuant to this
Contract.
7.1.4 Taxes. The rate shall also include all taxes,
whether imposed by the CITY, Kitsap County, the State of
Washington, the government of the United States, or any other
duly authorized body. All taxes shall be in addition to the
collection and hauling rate, the disposal rate, and the
recycling rate.
7.2 COLLECTION AND HAULING HATE. The collection and hauling rate
component to be charged by the CONTRACTOR shall be as follows:
7.2.1 Collection and Haulinq_E~9_~9~gBgB~_for Customer-
Provided Solid Waste Containers. Customers providing their own
solid waste container may elect to employ either a single mini-
can or a standard trash can or cans. A customer electing to
employ a standard trash can or cans may not also use a mini-
can. The rate component to be charged for customers providing
their own solid waste containers shall vary with the number of
units employed and the distance the solid waste receptacle must
be carried to the CONTRACTOR's truck. The current rate
21
components for collection and hauling are attached to this
Contract as Table "A" and are incorporated in full by this
reference.
7.2.2 Contractor-Provided Solid Waste Rece~9~. The
rate component to be charged for the collection and hauling of
solid waste from receptacles provided by the CONTRACTOR are as
set forth in Table "B" to this Contract, said Table "B"
being incorporated in full by this reference.
7.2.3 ~9~9~_~9~pacted Solid Waste. The rate component
to be charged for the collection and hauling of solid waste
compacted by the customer before pick up are as set forth on
Table "C" to this Contract, said Table "C" being incorporated
in full by this reference.
7.2.4 ~B~_~ustment of Collection and Haulinq Rate
~9~99B9~. Beginning in January of 1993, and annually
thereafter for the life of this Contract, the rate component
for collection and hauling of solid waste shall be adjusted by
the percentage prescribed by the Index, Provided, however, that
any upward adjustment of the collection and hauling rate shall
not exceed 6% unless otherwise agreed pursuant to this
Contract. The January adjustment shall be based upon the
percentage produced by the Index in the previous September,
provided, however, that the collection and hauling rate
component for customers using solid waste containers provided
by the CONTRACTOR or compacting their own solid waste shall not
be adjusted pursuant to the Index in January of 1993. The
22
first adjustment of the CONTRACTOR provided container
collection and hauling rate component shall be in 1994.
7.2.5 E~¥9_~9~_~9¥~9~. The collection and hauling rate
shall be reviewed by the CONTRACTOR and the CITY in January of
1996 if either of the following conditions are met:
a. In the event that the Index in each of any of the
three previous five years produced a percentage increase
of 6% or greater;
b. In the event that each of the two years immediately
preceding the review the Index has produced an annual
percentage increase of 6% or greater.
The purpose of the review shall be to determine whether the
collection and hauling rate component shall be increased in
accordance with the Index notwithstanding the 6% cap, and,
further, whether the cap should be increased. The CITY's
consent to an increase of the collection and hauling rate
component to comport with the Index shall not be unreasonably
withheld.
7.2.6 ~9~99~_~9~¥~9~_~9~Y_E~9. The rates to be
charged for miscellaneous collection and hauling services,
including maintenance of containers and an hourly rate for
trucks and drivers, are as set forth on Table "D" to this
Contract, said Table being incorporated in full by this
reference.
7.2.7 ~~. Tags for the collection and disposal of
extra solid waste in sealed plastic bags of not more than 33
23
gallons capacity shall be sold by the CONTRACTOR for $5.00.
Beginning in January of 1993 and annually thereafter, the tag
charge shall be adjusted annually pursuant to this Contract in
the same manner as the adjustment of the collection and hauling
rate for customers providing their own solid waste containers.
7.3 DISPOSAL RATE. The CONTRACTOR shall charge a disposal rate
component as follows for the ultimate disposal of the solid waste
collected pursuant to this Contract.
7.3.1 Place of Dis~9~. The parties contemplate that
during the life of this Contract all solid waste collected
pursuant to this Contract will be disposed of in the Olympic
View Sanitary Landfill in Kitsap County, Washington.
a. Should that disposal site become unavailable,
or should disposal at the Olympic View Sanitary Landfill
become too costly in the opinion of the council, then the
parties shall negotiate a disposal rate component based
upon the cost of disposal at an alternative site. Said
disposal rate shall include a reasonable sum to reflect
necessary overhead, said overhead costs to be specified by
the CONTRACTOR and verified by the CITY.
b. The cost of transporting the CITY's solid
waste to an alternate disposal site, including a
reasonable overhead and profit, shall become part of the
collection and hauling rate component and be adjusted
annually pursuant to this Contract, provided, however,
that nothing in this agreement shall grant the right to
24
haul other than to a solid waste facility in Kitsap County
unless otherwise directed by the CITY.
c. Under the following conditions, the CITY may designate
an alternative disposal site for the solid waste collected
by the CONTRACTOR pursuant to this Contract:
1. The CITY may designate as an alternative
disposal site a site in full compliance with all
minimum functional standards as imposed by the State
of Washington and the Federal Government, provided
that disposal at said alternative site shall be more
cost effective than disposal at the Olympic View
Sanitary Landfill considering both transportation and
disposal costs;
2. The CITY may designate as an alternative
disposal site a site not in compliance with all
minimum functional standards as imposed by both the
State and Federal governments provided that said
landfill is permitted by the Jurisdictional Health
Department as a solid waste disposal site and,
further, provided that disposal at said alternative
site shall be 25% cheaper than disposal at the
Olympic View Sanitary Landfill considering
transportation and actual disposal costs.
d. Should the CITY mandate disposal of the solid waste
collected pursuant to this Contract in a landfill or other
disposal site not meeting the relevant State and Federal
25
minimum functional standards, then t~e CITY shall defend
and indemnify the CONTRACTOR from any and all claims that
may be brought as a result of the failure of said landfill
to properly contain the solid waste collected pursuant to
this Contract.
7.3.2
~B~!~. The cost of disposal of solid waste at the Olympic
View Sanitary Landfill is shown in Table "E" to this
contract, said Table being incorporated in full by this
reference. Disposal cost is expressed in compacted cubic yards
and loose cubic yards. The proration of these rates to the
solid waste receptacles contemplated in this Contract, both
owner supplied and CONTRACTOR supplied and for customers
compacting their own solid waste, are shown in Table "F" to
this Contract, said Table being fully incorporated by this
reference.
7.3.3 ~i~z~9~_~gB¥9~!9~- The parties anticipate that
the disposal costs at the Olympic View Sanitary Landfill will
convert from a cubic yard or volume analysis to a weight-based
analysis by January 1, 1993. At that time, or at such time as
the volume to weight conversion is completed by the Olympic
View Sanitary Landfill, Tables E and F shall be amended to
reflect the change, and, further, any change in the disposal
rate component resulting from such conversion shall be reviewed
by the CITY and, if found reasonable, shall be incorporated in
January of 1993 or at the next regular adjustment of the
26
collection and hauling rate. The CITY's consent to a disposal
rate component adjustment based on the conversion shall not be
unreasonably withheld.
7.3.4 ~U~9~_9~_~bg_~!~Pg~_B~9_~9~pg~9~. Should
the Olympic View Sanitary Landfill, or any alternative disposal
site, increase its rates for the disposal of solid waste, said
increase shall be incorporated into the disposal rate component
charged pursuant to this Contract as follows:
a. Should the Washington Utilities and Transportation
Commission approve an increase at the Olympic View
Sanitary Landfill pursuant to a review of a tariff
proposed by a certificated hauler considered by the
Utilities and Transportation Commission to be an
affiliated interest of the Olympic View Sanitary Landfill,
then said increase shall be forthwith incorporated into
the disposal rate component charged by the CONTRACTOR
pursuant to this Contract.
b. In the alternative, the CONTRACTOR shall have the
right to petition the Bremerton City Council for approval
of the incorporation of the landfill increase into the
disposal rate component. The City Council shall have the
right to appoint an independent engineering consultant
qualified to review the petition of the CONTRACTOR. The
CONTRACTOR shall bear the expense of said review to the
extent that it consists of a verification of the
sufficiency and accuracy of the information relied upon in
27
the CONTRACTOR's petition. Should the independent
consultant's review verify the information contained in
the .CONTRACTOR's petition for a rate increase, the CITY's
approval of the disposal rate component increase shall not
be unreasonably withheld.
c. Should disposal be at a site considered not to be an
affiliated interest of the CONTRACTOR as that term is
defined by the Washington Utilities and Transportation
Commission, then any increase in disposal cost shall be
forthwith incorporated into the disposal rate component
charged by the CONTRACTOR pursuant to this Contract.
d. Tipping fees charged for CITY waste shall in no event
exceed those charged for other municipal controlled waste
streams.
7.4 RECYCLING. Upon implementation of the curbside recycling
program, the CONTRACTOR shall charge a recycling rate component as
follows for the recycling services provided pursuant to this
Contract.
7.4.1 Residential
Waste Container. Each customer within the CITY providing his
or her own solid waste container at his or her place of
residence shall be charged a monthly recycling rate component
as set forth on Table "G" to this Contract.
7.4.2
Solid Waste Container 9f_~9~gf_~9~a~9~_~9~i~_
Customers employing solid waste containers supplied by the
28
CONTRACTOR to residential sites or compacting their own solid
waste at residential sites shall be charged a recycling rate
component as is reflected in Table "G" to this Contract.
7.4.3 ~y~ Services at Commercial Sites. The
CONTRACTOR shall upon request of the customer provide recycling
services to non-residential customers pursuant to this
Contract. The rate for such service shall be negotiated
between the CONTRACTOR and the customer.
7.4.4 Yard Waste. The rate for yard waste curbside pick-up
shall be $5.00 per month per container.
7.4.5 ~J~§~_~9_~9~Y~ Rates. The recycling
rate components, both the residential and the yard waste
components, shall be adjusted pursuant to the Index in the same
manner as the collection and hauling rate component until said
services are implemented. At implementation, and annually
thereafter during the life of this Contract, the residential
recycling rate components shall be adjusted by a percentage
amount that is 83% of the percentage change authorized for the
collection and hauling rate.
7.4.6 Revenue 6~9~i9~- The revenue collected by the
CONTRACTOR from the sale of recyclable materials collected
within the City of Bremerton shall be deposited in an interest
bearing account naming both the CONTRACTOR and the CITY as
joint tenants in said account. By February 1st of each year of
this Contract, the funds collected in said account over the
previous year shall be divided between the CITY and the
29
CONTRACTOR as follows: The CONTRACTOR shall receive a portion
of the accumulated revenue sufficient when combined with the
rate collected by the CONTRACTOR during the previous year to
pay to the CONTRACTOR a profit margin of 13% on the residential
recycling program; provided, however, that in no event shall
the CONTRACTOR receive more than 75% of the accumulated revenue
nor less than 10% of the accumulated revenue.
7.5 WESTPARK. The collection and hauling rate component for the
Westpark subsidized housing complex shall be $6.60 per household;
the recycling rate component shall be negotiated when recycling is
implemented. The Westpark rate shall be subject to annual
adjustment pursuant to this Contract.
7.6 TAXES. The rate charged by the CONTRACTOR to the
customer shall also include a component reflecting all taxes imposed
by the CITY, Kitsap County, the State of Washington, the United
States Federal government, or any other duly authorized taxing
authority. Said taxes shall be part of the regular billing to the
customer and shall be charged in addition to the sums authorized for
collection and hauling, disposal, and recycling.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
8.1 EXPANSION OF CITY LIMITS. The CONTRACTOR shall provide service
pursuant to this Contract to all areas annexed by the CITY within
six months of annexation.
8.2 CITY DISPOSAL SITE. The CONTRACTOR shall provide and
make available for the use of the CITY a disposal site within seven
30
miles of the CITY where the city may dump its street sweepings,
storm drain catch basin waste, and other special city-created or
accumulated solid waste, excluding hazardous waste and medical
waste. The CITY shall pay the cost of said disposal pursuant to the
schedule set forth in paragraph 5.2.6 of this Contract including the
transportation costs incurred by the CONTRACTOR.
8.3 EMPLOYEES OF THE COI~RAC~OR.
8.3.1 ~9~9~Y. The CONTRACTOR's employees shall not
produce disruptive noise in residential areas before 6:30 a.m.
on weekdays or before 8:00 a.m. on weekends°
8.3.2 Use of walks. The employees of the CONTRACTOR shall
follow the regular walks of pedestrians while on private
property and when returning to the truck after delivering empty
cans and replacing covers.
8.3.3 T~. The employees of the CONTRACTOR shall not
enter upon property except as is necessary to fulfill the terms
of this Contract.
8.4 CUSTOMER RELATIONS.
8.4.1 Office. CONTRACTOR shall maintain during regular
business hours, five days a week, an office provided with
telephone lines and such attendance as may be necessary to
respond to inquiries, orders, and customer complaints relating
to solid waste collection, disposal and recycling as required
in this Contract.
8.4.2 ~9~iB~_~9~. The CITY agrees to employ a
hearing examiner or dispute resolution committee to adjudicate
31
disputes such as, but not limited to, the level of service
determined to be necessary by the CONTRACTOR, the quality of
service provided by the CONTRACTOR; and customer relations.
The CITY shall adopt such procedures as are necessary to
sufficiently empower said hearing examiner or board. The
hearing examiner or board will not adjudicate disputes
involving customer bills.
8.4.3 Customer
a. Employees of the CONTRACTOR employed in the collection
and hauling and recycling of solid waste shall log all
observed and reported violations of relevant ordinances in
a form acceptable to the CITY.
b. The CONTRACTOR shall employ a person to investigate
all logged violations. This person shall report the
results of said investigations directly to the CITY
Attorney and shall cooperate fully in the prosecution of
such violations.
8.4.4 ~9~iB~§. All complaints shall be directed to the
CONTRACTOR and shall be given prompt and courteous attention.
In the case of alleged missed scheduled collections, the
CONTRACTOR shall investigate and, if such allegations are
verified, shall arrange for the collection within 24 hours of
receipt of the complaint exclusive of Sundays and legal
holidays.
8.5 BILLING. The CONTRACTOR shall prepare and submit bills showing
monthly charges for services rendered, including taxes, on at least
32
a bi-monthly basis.
8.5.1 ~y~9~. The customer's bill shall be payable to the
CONTRACTOR.
8.5.2 Address Assistance. The CITY shall provide all
reasonable assistance in determining the property owner's
address including, but not limited to, providing the CONTRACTOR
a list of changes in all persons receiving water bills from the
CITY.
8.5.3 LigB- Upon delinquency, the amount of the bill shall
become a lien against the property served.
a. Said lien is effective by filing a notice of the lien
which specifies the charges, the period covered by the
charges, and a legal description of the property served.
b. The lien shall be filed and foreclosed as the law
prescribes the filing and foreclosure of liens for labor
and materials.
c. The lien shall be prior to any subsequently filed lien
but shall be subject to all general taxes and local
improvement assessments whether levied before or after the
lien.
d. The CONTRACTOR shall indemnify and hold the CITY
harmless from liability resulting from the CONTRACTOR's
efforts pursuant to this section.
8.5.7 ~gB~9~i~9~_~!~B~. The CONTRACTOR and
owners of more than one rental property may arrange for all
billings to be consolidated and sent to one address. The
33
CONTRACTOR may charge a one time set up fee for arranging this
service.
8.6 REPORTS TO THE CITY. Beginning within one month after the
implementation of residential curbside recycling services, the
CONTRACTOR shall submit monthly reports to the CITY within ten (10)
days after the end of the previous month providing the following
data for the previous month:
a. Monthly cubic yards and/or tonage of all Bremerton
municipal solid waste disposed of in the Olympic View Sanitary
Landfill. Residential and commercial municipal solid waste
should be summarized separately;
b. Monthly tonages of all recyclable materials recovered, by
material. Residential and commercial recyclable material shall
be summarized separately;
c. Monthly summaries of tonages of all materials sold in
revenues received, by material;
d. Material market prices by recyclable material;
e. Residential and commercial participation rates for
recycling and yard waste services in terms of weekly and
monthly said accounts with the description of the methods used
to determine these rates;
f. Listing of date, name, address, and nature of all customer
complaints, accompanied by the date of any action taken, the
resolution and/or unusual problems related to each complaint.
8.7 TITLE TO MATERIALS. All of the solid waste of any kind
collected by CONTRACTOR for disposal shall become the property of
34
the CONTRACTOR upon collection° Responsibility for proper disposal
shall pass to the CONTRACTOR upon collection.
8.8 T_A~_~_LIC~NSES~___AN~__PEP~ITS. The CONTRACTOR shall pay all
required taxes, license fees, or permits and shall maintain during
the life of this Contract workmen's compensation insurance for all
of its employees.
8.9 ~SUP~__~. The CONTRACTOR shall purchase and maintain during
the life of this Contract comprehensive general liability and
automobile liability insurance that protects the CONTRACTOR and the
CITY from damages arising out of the operations set forth in this
Contract.
8.9.1 ~9¥9~9 The insurance shall cover damages arising
from bodily injury, accidental death, property damage, and
personal injury. The insurance shall cover operations by the
CONTRACTOR or by a person directly or indirectly employed by
the CONTRACTOR.
8.9.2 The CITY shall be included as an additional named
insured on each policy.
8.9.3 Each insurance policy shall be for a minimum amount
of $2,000,000.00 per occurrence, with deductibles and self-
insured restrictions not to exceed $25,000.00 per occurrence.
8.9.4 CONTRACTOR shall furnish the CITY with certificates
of insurance evidencing the coverage described in this section
and providing the CITY with 30 days advance notice of
cancellation.
8.10 INDEMNIFICATION. The CONTRACTOR covenants that it will
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indemnify the CITY from any loss, damage, cost, charges or expenses
that may be charged to the CITY by reason of any act, actions,
neglect, commission or default on the part of the CONTRACTOR.
8.10.1 In case of suit. If a suit is brought against the
CITY because of any act, action, neglect, commission or default
of the CONTRACTOR, in relation to this Contract, the
CONTRACTOR hereby agrees to defend against the suit and pay all
judgments, costs, attorney's fees and other expenses that are
incurred by or obtained against the CITY.
8.10.2 Limits on Indemnification. The CONTRACTOR shall not
indemnify the CITY for any act, action or, neglect, commission,
or default resulting solely from the acts or negligence of the
CITY or its agents.
8.11 PERFOR#ANCE BOND. The CONTRACTOR shall execute and file with
the CITY Clerk contemporaneously with the signing of this Contract a
bond in the sum of $50,000.00. The bond shall be in a form
approved by the CITY Attorney. The CONTRACTOR shall keep the bond
in full force and effect during the term of this CONTRACT.
8.11.1 The bond shall name the CONTRACTOR as principal and a
company authorized to do corporate surety business within the
State of Washington as surety.
8.11.2 The condition of the bond will be that the CONTRACTOR
will faithfully perform the Contract and pay all labor,
mechanics, materialmen, and all persons who shall supply the
CONTRACTOR with equipment, and supplies related to the
fulfillment of this Contract.
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8.12 PAYMEI~T OF CLAIMS. The CONTRACTOR agrees to pay all due and
just claims related to labor and materials obtained by the
CONTRACTOR in fulfillment of this Contract.
8.13 TP~SFERS BY CONTRAS9~.
8.13.1 CONTRACTOR understands and acknowledges
that CITY has granted this Contract to CONTRACTOR in reliance
on CONTRACTOR's business skill and financial capacity.
Accordingly, the CONTRACTOR shall not sell, assign, trasfer,
convey, give away, pledge, mortgage, or otherwise encumber this
Contract without the prior written consent of CITY.
8.13.2 CITY shall not unreasonably withhold its consent to a
transfer of this Contract, provided, however, the CITY may
require as exclusive conditions to its approval that:
a. All of CONTRACTOR's accrued monetary obligations
to CITY and all other outstanding obligations related
to the Contract shall have been satisfied;
b. The transferor shall have executed a general
release in a form satisfactory to CITY, of any and
all claims against CITY and its officers, directors,
and employees, in their corporate and individual
capacities, including without limitation, claims
arising under federal, state, and local laws, rules,
and ordinances.
c. The transferee shall enter into a written
assignment in a form satisfactory to CITY, assuming
and agreeing to discharge all of CONTRACTOR's
37
obligations under this Contract.
d. The transferee demonstrates to the reasonable
satisfaction of CITY that it possesses the business
skill and financial capacity to perform this
Contract.
8.13.3 The CONTRACTOR shall notify City of any change in, or
transfer of, or acquisition by any other party of control of
the CONTRACTOR's company. The word "control" as used herein
means any change in majority stock ownership. Every change,
transfer or acquisition of control of the CONTRACTOR's company
shall be subject to the approval by CITY which shall not be
unreasonably withheld. The CITY shall have the right to
require as conditions of its approval that:
a. All of CONTRACTOR's accrued monetary obligations to
CITY and all other outstanding obligations related to the
Contract shall have been satisfied;
b. The transferor shall have executed a general release
in a form satisfactory to CITY, of any and all claims
against CITY and its officers, directors, and employees,
in their corporate and individual capacities, including
without limitation, claims arising under federal, state,
and local laws, rules, and ordinances.
c. The transferee shall enter into a written assignment
in a form satisfactory to CITY, assuming and agreeing to
discharge all of CONTRACTOR's obligations under this
Contract.
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d. The transferee demonstrates to the reasonable
satisfaction of CiTY that it possesses the business skill
and financial capacity to perform this Contract.
8.13.4 ~_~9~_~9~_9~_~9~_~9~9~- Upon the
death or mental incompetency of any person with an interest as
an owner in the Contract, the executor, administrator, personal
representative or trustee of such person or entity shall
transfer within a reasonable time his or its interest to a
third party approved by CITY. Such transfers, including,
without limitation, transfers by devise or inheritance, shall
be subject to the same conditions as any inter vivos transfer.
If the heirs or beneficiaries of any such person are unable to
meet the conditions in 8.13.3, the personal representative of
the deceased CONTRACTOR shall have a reasonable time to dispose
of the deceased's interest in the Contract, which disposition
shall be subject to all the terms and conditions for transfers
contained in this Contract.
8.14 REVENUE AND REPORTING VERIFICATION. In order that the CITY may
verify payment of the appropriate utility tax, the CONTRACTOR shall,
upon reasonable request, make available to the CITY or its agents
the record of its accounts and such other records in its possession
as may be necessary for the CITY to determine the accuracy of the
reports of gross receipts. The CITY may require verification of the
tonage of solid waste collected pursuant to this Contract and of the
number of residences and businesses served. The CITY may require
this verification upon reasonable notice in order to check the
39
reports called for in paragraph 8.6 of this agreement. The CITY may
further seek such verification when reviewing rate adjustments
requested by the CONTRACTOR.
8.15 NON-DISCRININATION. CONTRACTOR shall not discriminate against
any employee or applicant for employment because of race, creed,
color, national origin, sex, age, or the presence of a physical or
mental disability.
8.15.1 The CONTRACTOR shall not discriminate on the bases
described above when it engages in the following non-exhaustive
list of activities:
a. employment;
b. upgrading;
c. demotion;
d. transfer;
e. recruitment;
f. recruitment advertising;
g. lay-off;
h. termination;
i. setting of rates of pay or other forms of
compensation; and
j. selection for training.
8.15.2 Solicitation of ~9Y99~- In all solicitation for
employees the CONTRACTOR shall state that all qualified
applicants will receive consideration for employment without
regard to race, creed, color, national origin, sex, age, or the
presence of a physical or mental disability. The words "equal
4O
opportunity employer" in an advertisement shall constitute
compliance with this section.
8.16 FORGE ~%JEU~E. The CONTRACTOR and the CITY shall not be liable
for the failure to perform its duties, or for any resultant damage
or loss, due to catastrophe, riot, war, government order or
regulation, accident, act of god, or other similar or different
contingency beyond the reasonable control of the CONTRACTOR or the
CITY.
8.16.1 Continuation of Force Ma~[9. If the circumstances
resulting from such unforeseen circumstances persist for more
than 30 days, or if after their cessation the CONTRACTOR is
unable to render full or substantial performance for a period
of seven days, the CONTRACTOR or the CITY may terminate this
Contract upon written notice given seven days in advance to the
other party.
8.17 ~$0LyENC~. A party's insolvency, or voluntary or involuntary
bankruptcy, shall not constitute a breach of this Contract unless
the party fails to give a timely and adequate assurance of its
ability to perform. Until such assurances are received, the other
party may suspend, if commercially reasonable, any performance due
upon its part unless already paid for. If the insolvent party is
unable to give adequate assurance, the other party may terminate
this Contract with 30 days written notice. Assumption of this
Contract by an insolvent party's trustee shall not operate as an
automatic repudiation, prospective unwillingness to perform, or a
breach of this Contract.
41
8.18 ~OVERNIN~ LAW AND VEN~. This Contract shall be construed
according to the laws of the State of Washington as they are at the
time of its execution or may be amended in the future. The parties
agree that if a dispute under this Contract, leads to litigation,
venue will be in the Kitsap County Superior Court.
8.19 ATTORNEY'S FEES AND COSTS. Should any dispute regarding this
Contract lead to litigation, the prevailing party shall be entitled
to all related costs and reasonable attorney's fees at all court
levels.
8.20 SEVEP~%BILITT. If any portion of this Contract is invalid, the
remainder of the Contract will still be valid.
8.21 HEADINGS~_ETC_. The headings is this Contract are inserted for
convenience of reference only and shall not affect the
interpretation of this Contract. If from the context it appears
appropriate, each term stated in either the singular or the plural
shall include the plural and the singular, and the pronouns stated
in either the masculine or the neuter gender shall include the
masculine, the feminine, and the neuter.
8.22 NO WAIVER. The failure of either party to seek redress for
non-compliance with this Contract will not prevent a subsequent
incident of non-compliance from having the effect of an original
incident.
8.23 ENTIRE ~REENENT. This Contract constitutes the entire
agreement between the parties and supersedes all prior agreements.
8.24 MODIFICATIONS. This Contract may not be modified or amended
unless such modification or amendment is reduced to writing and
42
appropriately executed by both the parties or their lawful
representatives.
8.25 CO~LI_~ WITE RELEVANT LAWS. Both parties agree to follow
all relevant laws and amendments.
8.26 DEFAULT. If the CONTRACTOR abandons, willfully delays the
performance of, or in any manner willfully fails to comply with any
of the terms of the Contract excluding catastrophies or acts of God,
the CITY may, after 72 hours, notify the CONTRACTOR in writing of
such abandonment, delay, refusal, failure or neglect and direct the
CONTRACTOR to comply with all provisions of this Contract. Copies
of such written notice shall be mailed to the surety on the
performance bond and delivered to the Mayor.
8.26.1 Upon receipt of said notice, the Mayor shall take such
action as he or she deems necessary or advisable to continue
the provision of the services called for in this Contract to
the residents of the CITY. The cost of all labor, materials,
and equipment necessary for such work shall become the
obligation of the CONTRACTOR and its sureties.
8.27 NOTICES. All notices required under this Contract shall be
personally delivered or mailed by certified or registered mail,
postage prepaid, as follows: TO THE CITY: City of Bremerton,
Attention: City Clerk, 239 Fourth Street, Bremerton, WA 98310; TO
THE CONTRACTOR: Brem-Air Disposal, Inc., P.O. Box 438, Bremerton,
WA 98310; or to such other address as either party shall specify by
written notice so given, and shall be deemed to have been given as
of the date so delivered or three (3) days following the date
postmarked.
43
President, Brem-Air Disposal, Inc.
Da t e: __--------_---\~[~% [ ~[ ......... By: ....
Louis Mentor
Mayor of the City of Bremerton
Kathy McCluskey
Bremerton City Clerk
o
TABLE "G"
RESIDENTIAL RECYCLING SERVICES
1. The rate for curbside recycling services to residential
customers using their own solid waste containers of 32 gallons or
less shall be as of January 1, 1992, $2.86 per residence per month.
2. The rate for curbside recycling services to residential
customers using solid waste containers of 100 gallons or more
provided by the CONTRACTOR or compacting their own solid waste at
residential sites shall be as of January 1, 1992, $2.24 per
residence per month.