02/09/2010 - Regular - Packetf
CM OF PORT ORCHARD
Mayor:
Lary Coppola
Councilmembers:
Fred Chang
Chair: LTAC
Tourism Committee
Staff: Clerk's Office
Jerry Childs
Chair: Tourism Committee
Staff: Clerk's Office
Finance Committee
John Clauson
Chair: Finance Committee
Staff: City Treasurer
Utilities/SAC Committee
Kitsap County Health
Jim Colebank
Tourism Committee
KRCC/PSRC/KEDA
Fred Olin
Chair: Public Property Committee
Staff Planning Department
Utilities/SAC Committee
Carolyn Powers
Public Property Committee
KRCC/TransPol
Rob Putaansuu
Chair: Utilities Committee
Staff: Public Works Department
Finance/SAC Committees
Kitsap Housing Authority
Department Directors:
Patti Kirkpatrick
Administrative Services
City Clerk
Allan Martin
City Treasurer
Debbie tlunt
Court Administrator
James Weaver
Development Director
At Townsend
Police Chief
Mark Dorsey, P.E.
Public Works Director
City Engineer
Contact us:
216 Prospect Street
Port Orchard, WA 98366
(36o)876-4407
City Council Meeting Agenda
February 9, 2010
7:00 P.M.
EFFECTIVE January 1, 2010, Meetings -will ONLY be available for viewing on
the City's Website
i. CALL TO ORDER
A. Pledge of Allegiance
2. CITIZENS COMMENTS
Please limit your comments to 3 rmnutes for items not up for Public Hearing. When
recognized by the Mayor, please state your name and address for the official record
(please complete the sign -in sheet located in the hallway).
3. APPROVAL OF AGENDA
4. CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been
distributed to each Councilmember for reading and study. Consent Agenda items are not
considered separately unless a Councilmernber so requests. In the event of such a request,
the item is returned to Business Items.)
A. Approval of Claim Warrants, Payroll & Treasurer's check book
B. Approval of the January 19, 2010, Work Study Session Minutes
5. PRESENTATION
A. Public Records Request Seminar Review -Brandy Rinearson
6. PUBLIC HEARING
A. Revised City of Port Orchard Jurisdiction -Specific Vulnerability
Assessment and Mitigation Strategies (Dorsey)
B. School Impact Fees (Weaver)
C. Waste Management of Washington, dba Brem-Air Disposal: Garbage
Service Contract Renewal (Dorsey)
D. Development Agreement between South Kitsap Fire and Rescue and
the City of Port Orchard (Dorsey)
7. BUSINESS ITEMS
A. Approval of January 26, 2010, Council Meeting Minutes
B. Adoption of Ordinance No. oo1-lo, Authorizing a School Impact Fee
and Amending Port Orchard Municipal Code Chapter 16.70 "Impact
Fees — General Provision" (Weaver)
C. Adoption of Ordinance No. 002-1o, Repealing POMC 5.76 entitled
"Garbage Collection Franchise" (Kirkpatrick)
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required
Meeting materials are available on the City's website at: www.cityofportorclrard.us or by contacting the City Clerk's office, 36o.876.4407
You may now view City Council Meetings from the City's website: %vww.cityofportorehard.us
February cg, 20io, Meeting Agenda Page i of 2
D. Adoption of Resolution No. oog-io, Excluding the Sidney Gallery and Museum Parcel from
Consideration as a Preferred Site for a Downtown Parking Garage (Weaver)
E. Adoption of Resolution No. o10-io, Authorizing the Mayor to Execute a Development
Agreement with the South Kitsap Fire and Rescue (Doresey)
8. REPORTS OF COUNCIL COMMITTEES
9. REPORT OF MAYOR
1o. REPORT OF DEPARTMENT HEADS
11. CITIZEN COMMENTS
(Please limit your comments to 3 milzutes for items not up for Public Hearing. When recognized by the Mayor,
please state your name and address for the official record. It is asked that you do not speak on the same matter
twice.)
12. EXECUTIVE SESSION: Pursuant to RCW 42.30.no, the City Council may hold an executive session. The
topic(s) and the session duration will be announced prior to the executive session.
13. ADJOURNMENT
COMMITTEE MEETINGS
Finance Committee
Tourism Committee
Utilities Committee
Sewer Advisory Committee (SAC)
Public Property Committee
Work Study Session
Council Retreat
Date & Time
February 26, 2010
7:30 a.m.
March 10, 2010
5:30 p.m.
February 12, 2010
7:30 a.m.
February 17, 2010
6:30 p.m.
February 9, 2010
7:30 a.m.
February 16, 2010
7:00 p.m.
February 19, 2010
2:00 p.m.
Location
Myhre's
City Hall
City Hall
City Hall
Myhre's
City Hall
City Hall
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required
Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 36o.876.4407
You may now view City Council Meetings from the City's website: www.cityofportorchard.us
February g, 2oio, Meeting Agenda Page 2 of 2
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 1 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Public Hearing 6A Meeting Date: February 9, 2010
Subject: Revised City of Port Orchard Prepared by: Mark R. Dorsey, P.E.
Jurisdiction -Specific Vulnerability
Assessment and Mitigation Strategies Atty Routing No:
Public Works Director
NA
Atty Review Date: NA
Summary: Pursuant to the Federal Disaster Act of 2000, which requires all local organizations
(governmental, tribal and not -for -profit) to have an approved local mitigation plan in accordance
with 44 CFR 2o1.6 prior to receiving Hazard Mitigation Grant Program funding, Staff has been
working with the Kitsap County Department of Emergency Management (KCDEM) in preparation
of the 2o10 Kitsap County Multi -Hazard Mitigation Plan ("Plan"). The revised Plan, once
approved by FEMA, will replace and update the previously adopted Plan.
The public comment and approved meeting minutes from this evening's Public Hearing on the
City of Port Orchard's Jurisdiction -Specific Vulnerability Assessment & Mitigation Strategies will
be provided to KCDEM for inclusion into the draft 2olo Kitsap County Multi -Hazard Mitigation
Plan. Once submitted and approved by FEMA, the City of Port Orchard will then adopt the 2010
Kitsap County Multi -Hazard Mitigation Plan by first repealing Resolution No. 002-05 and then
adopting a new Resolution (at a future City Council Meeting.)
Recommendation: Open the Public Hearing
Alternatives: Do not open the Public Hearing
Attachments: Jurisdiction -Specific Vulnerability Assessment & Mitigation Strategies
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Jurisdiction -Specific Vulnerability Assessment & Mitigation Strategies
City of Port Orchard Overview:
Contact Information:
Department of Public Works
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4991
Population of Jurisdiction: 8,240 (OFM estimates and 2000 Census)
Land Profile:
5,554 Acres
The City of Port Orchard was first established along the south shore of Sinclair Inlet and
has grown southward for more than 100 years. As the county seat, the City has been an
important urban area for Kitsap County, and particularly South Kitsap. Its proximity along
Sinclair Inlet provides an easily accessible saltwater shoreline and stunning views of the
Olympic Mountains. Blackjack Creek and Ross Creek are protected by natural ravines
and maintain a rural belt in an urban area. There is convenient access to Bremerton with
regularly scheduled passenger ferry service, with connections to Seattle via the
Washington State Ferry system. The marine Park and downtown waterfront host
numerous community activities, concerts, and the weekly Farmer's Market. Boating is
enhanced with the Port Orchard Marina, one of the best boat launches in the area, and
numerous other marinas and boating services. The City's economy is primarily based on
the Puget Sound Naval Shipyard, local commerce as seen on the Port Orchard Industrial
Park, and employment in the Seattle -Tacoma area.
Major thoroughfares include: State Highway 16, Bay Street, Tremont Street, Sidney
Avenue, Sedgwick, Port Orchard Blvd, and Bethel.
Critical Facilities (within city limits):
■ City of Port Orchard City Hall and Public Works Shop
■ South Kitsap School District: South Kitsap High School, Cedar Heights Jr. High
Givens Community Center
■ Kitsap County Courthouse Complex and County Jail
■ Fire District #7 — Fire Station #31
Health Facilities: Group Health Coop of Puget Sound, Harrison Memorial
Hospital
■ Joint Wastewater Treatment Facility
Wells: 5 wells and one transmission main from the City of Bremerton
Natural Hazard Events: taken from table 2.1 Disaster History
Date of Incident
Type of Incident
Declaration Level
12/11/2008
Severe Winter Shelter
Local
12/03/2007
Severe Winter Storm
Local, State
12/16/2006
Severe Storm
Local
O1/30/2006
Severe Storm
Local
12/05/2005
Severe Winter Storm
Local, State, Federal
08/29/2005
Hurricane
Federal
10/20/03
Flooding
Local, State, Federal
07/02
Flooding
Local, State
09/11/2001
Terrorist Attack
Federal
02/01 02/28/01
Earthquake — Nisqually
Local, State, Federal
03/97
Flooding
Local, State, Federal
12/96
Severe Storm
Local, State, Federal
04/96
Mudslide
Local
02/96
Flooding
Local, State, Federal
11/95
Severe Storm —Wind/flooding
Local, State, Federal
12/94
Flooding
Local
O1/93
Wind Storm
Local, State, Federal
01/92
Severe Storm
No declaration
12/90
Severe Storm
Local, State, Federal
12/82
Severe Storm
Local, State, Federal
05/80
Mt. St. Helens, volcano
State, Federal
O1/74
Severe Storm
Local, State, Federal
05/65
Earthquake
Local, State, Federal
10/62
Severe Storm — Wind
Local, State, Federal
Natural Hazard Vulnerability Analysis Rating:
1. Severe Storm
2. Earthquake
3. Tsunami
Natural Hazard Initiatives:
1. Earthquake drills and building mitigation
2. K-prep Program with the community, Shelter -in -place program and early alert
program.
3. Employee Emergency Response Team
4. Medical Emergency Response Core
5. Emergency Operation Center location is City Hall (primary) Headquarter Station
off Fircrest Drive (secondary) and Mobile Emergency vehicle (if needed)
Principal Economic Base:
Federal Defense Agencies; Naval Station Bremerton, Puget Sound Naval Shipyard,
Naval Submarine Base Banger, Naval Keyport Center and support facilities.
Economic Characteristic: Median Household income is $43,094
Current Hazard Mitigation Codes/Plans/Ordinances:
• Comprehensive Land Use Plan, adopted June 1995, updated December 2008
• Transportation Improvement Plan, approved each July (projected 6 year plan)
• Capital Facilities Plan is a chapter of the Comprehensive Land Use Plan, adopted
June 1995, Updated 2008
• Surface Water Management Plan and/or Stormwater Management Code, updated in
December 2008
• Uniform Building and Fire Code (updated to 2006 International Building Codes)
• Municipal Code, updated immediately on-line, paper copy updated quarterly
• Zoning Ordinance 1748, adopted 1998, Updated and Codified as Title 16, 2007
• Subdivision Ordinance 1702, adopted 1997, Updated and incorporated in Title 16,
2007
• Critical Areas Ordinance 1784 (includes Flood Damage Prevention), adopted 1999,
Updated and Codified as Title 18, 2009
• Participation in National Flood Insurance Program Ordinance 1435 and 1446
Revised 1989
Mitigation Strategy:
Goal: #1 — Eliminate or reduce the long-term risk to human life and property from
identified hazards.
Category: II — Severe Storms
Strategy: Inspect and identify trees and other objects within falling distance of critical
facilities to determine if they pose a hazard during a storm.
Lead Agencies:
City of Port Orchard
Support Agencies:
None.
Probability of Occurrence: High.
Probability of Future Occurrence: High.
Implementation Time: 1 — 3 Years and will remain on -going.
Implementation Cost: To be determined as needs are identified and projects are
authorized. The City may pursue Hazard Mitigation Grant funding or low interest loans
to complete project.
The City has reviewed the following mitigation strategies identified in Section Three of the
Plan and identifies those that apply to Port Orchard. Please note that only the City Council
can commit funds and significant resources to any strategy.
...
The City will participate in the review of flood control and riparian zone
management process with regard to storm water management standards, zoning
requirements, and building codes.
The City will participate in the annual countywide meeting to review regulatory
permitting and maintenance activities in flood -prone areas.
3. When flooding problems are identified, the City will develop project proposals to
reduce the flooding. Implementation would be dependent upon adequate
financing and other factors.
4. The City will maintain an inventory of privately -owned storm water systems and
use this data when assessing potential flooding problems.
Severe Storms
As part of its public education program, the City will continue to stress the
importance of being self-sufficient for at least three days with food, water, and
other essentials.
2. The City will continue to maintain its emergency response plan for the water
utility.
Land Shifting / Landsliding
The City will provide available information to the County GIS system to identify potential
landslide areas for GIS mapping.
Earthquake
The City will participate in the countywide seismic risk assessment program with
the Department of Emergency Management as the lead agency.
2. The City would provide relevant available data to help identify areas prone to
ground motion, land slide, and liquefaction.
3. To the extent feasible, the City would participate in Kitsap County's USGS-UW
Geological mapping effort.
The City's water and sanitary sewer systems will be included in the countywide
assessment in regards to earthquake mitigation.
If appropriate funding programs are available, the City would participate in
program to encourage seismic retrofitting of public and private properties.
6. The City will continue to assess the water main and water delivery system and
cooperate with the lead agency, as possible.
The City would incorporate hazard mitigation improvements in the Water System
Plan and Hazard Mitigation Plan, as appropriate.
8. The City will continue to include seismic retrofit concepts in its public education
efforts.
Drought
The City will continue to partner with the water purveyors within the corporate
limits to research and compile water resource data, particularly in the aquifer
recharge areas, as they are identified.
2. The City will continue to emphasize water conservation, particularly for times of
drought.
The City will formulate a policy for water distribution for times of drought
Tsunami
1. The City will participate in countywide workshops to educate the public about
tsunamis and responses to those events.
2. The City will participate in countywide tsunami mitigation strategies, as funding is
available.
3. The City will post appropriate tsunami informational signs, if they are provided
and comply with municipal codes.
4. The City will participate in a countywide public educational effort by distributing
informational brochures.
5. The City will provide relevant and available information to Kitsap County GIS for
its Kitsap County Shorezone Inventory.
6. The City will participate in the countywide transportation mapping effort by
providing relevant and available information to Kitsap County.
If appropriate funding is available, the City would have a qualified person perform
a geotechnical analysis of the water and sewer utilities within 50 feet of the
shoreline.
8. The City will participate in tabletop training exercises involving large -size debris
removal associated with tsunami.
9. The City would participate in a countywide review of zoning and land use rules as
they relate to tsunamis.
Terrorism and Civil Disorder
The City will participate in a countywide planning effort to address potential terrorism and
civil disorder.
Multi -Hazards
1. The City will participate in a comprehensive all-risk road plan.
2. The City will provide relevant and available information for a countywide critical
area hazard review.
3. If appropriate funding is available, the City will participate in countywide studies
of non-traditional areas of impacts.
Multi -Hazard Public Education Programs
1. The City will enhance and support countywide public education programs for
multi -hazard responses.
2. The City will support .on -going programs for countywide programs to include
public participation in the planning effort.
3. The City will participate in a countywide critical risk area educational program.
4. If appropriate funding is available, the City will participate in countywide public
educational program.
5. The City will participate in public education programs.
Fire Mitigation Studies
The fire authority for the City is Kitsap County Fire District #7 and the City has a close
working relationship with the firefighting professionals and will continue to cooperate on
joint ventures.
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Public Hearing 6B Meeting Date: February 9, 2mo
Subject: School Impact Fees Prepared by: James R. Weaver,
Development Director
Atty Routing No: 014-10
Atty Review Date: February 9, 2010
Summary: McCormick Woods annexation became effective on July 8, 2009. Prior to
annexation, the area was providing the South Kitsap School District with school impact fees for
each new residential building permit. The collection of school impact fees are currently in
effect throughout Kitsap County.
On December 22, 2009 the City Council adopted Ordinance No. 034-09 which adopted, by
reference the South Kitsap School District's Capital Facilities Plan as part of the City of Port
Orchard's Comprehensive Plan. The School District's Capital Facilities Plan contains the data
and formula for calculating the financial impact of each new residential unit upon the South
Kitsap School District. By instituting a school impact fee for each new residential building
permit in the City of Port Orchard, it may be determined that it is sound public policy to adopt
a school impact fee in order to help mitigate the financial impact to the South Kitsap School
District that is caused by new residential development; and would provide a consistent process
for school Capital Facilities financial planning throughout South Kitsap jurisdictions.
Ordinance No. 10-olo proposes to adopt a School Impact Fee and proposes amendments to
the Port Orchard Municipal Code Chapter 16.70 regarding collection of School Impact Fees.
Recommendation: Open the Public Hearing for Ordinance oxx-010 to adopt a school impact fee
and amending Port Orchard Municipal Code chapter 16.70 "Impact Fees — General Provisions",
Motion for consideration:: I move to approve open the Public Hearing for Ordinance oxx-olo
to adopt a school impact fee and amending Port Orchard Municipal Code chapter 16.70 "Impact
Fees — General Provisions", as outlined above.
Fiscal Impact: None
Alternatives: Do not Open the Public Hearing
Attachments: Ordinance No. oo1-olo Adoption of School Impact Fees
SKSD Capital Facilities Plan: Appendix vii- Impact Fees
South Kitsap School District 2009 Capital Facilities Plan
VIII. IMPACT FEE CALCULATION
The calculation of the South Kitsap School District impact fee is provided on the attached
spreadsheet. The calculation process recognizes projected constructions costs anticipated within
the six -year plan, acquisition costs of interim housing, land purchases for future school sites and
continuing payments on a 56 acre school site that was purchased in 2005.
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South Kitsap School District 2009 Capital Facilities Plan
School Site Acquisition Cost:
((Acres X Cost per Acre)/Facility Capacity) X Student Generation Factor
CALCULATIONS
Facility Cost per
Facility
SGF
SGF
Cost per
--Cost per
_ Acreage - Acre
Elementary 141 $ 90,000
Capacity
- 550
SFH
0.28
MFH
0.16
SFH
$ 641.45
MFH_
$ - 366.55
Middle School 22, $ -
900
0.10
0.09I
$ - _
$ _ -
Sr. High 42$ 90,000
1200
0.14
0.11
$ 441.00
$ 346.50
-- - - - - _
$ 1,082.45
$ 713.05
---
School Construction Cost:
- -
((Facility Cost/Facility Capacity) X Student Generation Facl
ctor) X Per
manent/Total Sq. Ft.)
%Perm/ Facility
Facility
SGF
SGF
Cost per
Cost per
Total Sq. Ft. Cost
Elementary 91% $ 20,426,581
Middle School 93% $ 14,431,266
Size
550
295
SFH
0.28
0.10
_MFH
0.16,
O.W
SFH
$ 4,549.52
MFH
$ 4,094.57
Sr. High 97% $ 65,346,100
1200
0.14
0.11I
$ 7,395.00
$ 5,810.36
$ 11,944.52
$ 9,904.92
Temporary Facility Cost:
((Facility Cost/Facility Capacity) X Student Generation Factor) X (Temporary/Sq. Ft)
%Temp/ Facility
Facility
SGF
SGF
Cost per
per
Total Sq. Ft. Cost
Size
SFH
MFH
SFH
___Cost
MFH
Elementary 9%. $ 225,000
48
0.28
0.16
$ 118.13
$ 67.50
Middle School 7%I $ 225,000
52
0.10
0.09.
$ 30.29
$ 27.26
Sr. High 3%, $ 225,000
52
0.14
0.11'
__
$ 18.17
$ 166.59
$ 14.28
$ 109.04
State Match Credit
Area Cost Allowance X SPI Sq. Ft X State Match X Student Generation Factor
Area Cost _. _ SPI
Allowance Footage
State
Match %
SGF
SFH
SGF _ _
MFH
_ _ _. Cost per
SFH
_ -- Cost per
MFH
Elementary $168.79 90.00
56.79%
0.28
0.W
_
Middle School $168.79 108.00
56.79%
0.10
0.09
$ 1,035.24
$ 931.72
Sr. High $168.79 130.00
56.79%
0.14
0.11
$ 1,744.58
$ 15370.74
$ (2,779.82)
$ (2,302.46)
Tax Pavment Credit i
SFH
MFH
Average Assessed Value
$ 195,910.00
$ 97,955.00_
Capital Bond Interest Rate
0.00%
_
0.00%
Net Present Value of Average Dwelling
_
_
Years Amortized
Property Tax Levy Rate_ -- - - __-- - _ - -__
Present Value of Revenue Stream
- _- - 0.00
$ -
_ 10
- -_. 0.00
$
'FEE SUMMARY
SINGLE FAMILY
MULTIPLE FAMILY
School Site Acquisition Cost
$ 1,082.45
$ 713.05
Permanent Facility Cost
$ 11,944.52
$ 9,904.92
_
.Temporary Facility Cost
--- ---- - _ --- -'.State Match Credit
_
--
$ 166.59
$ - -- (2,779.82)
$ 109.04
$ ---(2,302.46)
:Tax Payment Credit
_
$ -
$ -
(Subtotal Unfunded Need
$ 10,413.74
$ 8,424.55
_
$
$ _
Unfunded Need @ 50%
$ 5,206.87
$ 4,212.27
53
Introduced by:
Drafted by:
Reviewed by:
Introduced:
Adopted:
ORDINANCE NO. oo1-10
Development Director
Development Director
Development Director
February 9, 2010
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING A SCHOOL IMPACT FEE
AND AMENDING PORT ORCHARD MUNICIPAL CODE
CHAPTER 16- 70 "IMPACT FEES — GENERAL PROVISIONS"
WHEREAS, on December 22, 2009 the City Council adopted Ordinance No. 034-09 which
adopted by reference the South Kitsap School District's Capital Facilities Plan as part of the City of
Port Orchard's Comprehensive Plan; and
WHEREAS, the Capital Facilities Plan contains the data and formula for calculating the
financial impact of each new residential unit upon the South Kitsap School District; and
WHEREAS, the City Council has determined that it is sound public policy to adopt a school
impact fee in order to help mitigate the financial impact to the South Kitsap School District that is
caused by new residential development; and
WHEREAS, on February 9, 2010 the City Council held a duly noticed public hearing on the
adoption of a school impact fee; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. The title of Port Orchard Municipal Code Chapter 16.70 is hereby amended to
read as follows:
Chapter16.70
Impact Fees
SECTION 2. Port Orchard Municipal Code Chapter 16.70 is hereby amended by adding a
new section to read as follows:
16-70.16o School impact fee - imposed
There is hereby imposed a school impact fee in the amount of
$1,114.88 for each single-family residential unit and $643.20 for each
multifamily residential unit. The timing for payment of the school
impact fees shall be in accordance with the provisions of POMC
16.70.o6o.
Ordinance No. oo1-10
2of2
SECTION R. Port Orchard Municipal Code Chapter 16.70 is hereby amended by adding a
new section to read as follows:
16.70.16o School impact fee — payment required prior to
permit issuance.
School impact fees shall be paid directly to South Kitsap School
District. Proof of payment directly to the school district shall be
provided to the city prior to issuance of the permit/approvals set forth
in POMC 16.70.o6o.
SECTION,,I. If any section, sentence, clause or phrase of this ordinance should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION a. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 9th day of February 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Gregory A. Jacoby, City Attorney Fred Chang, Councilmember
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Public Hearing 6C Meeting Date: February 9, 2010
Subject: Waste Management of Washington, Prepared by: Mark R. Dorsey, P.E.
dba Brem-Air Disposal: Garbage
Service Contract Renewal Atty Routing No
Atty Review Date:
Public Works Director
NA
NA
Summary: Staff has been working with Waste Management of Washington, Inc. dba Brem-Air
Disposal ("Waste Management') on the contract extension for the 2005-20o9 Garbage Service
Contract between the City of Port Orchard and Waste Management (contract term from July 1,
2005 to June 30, 2010). If the City wished to extend the current Contract under the original
terms and conditions, the City needed to exercise their option to extend by December 31, 2009.
But, on December 28, 2009, Terry Bickel, District Manager for Waste Management, agreed to
grant a 2-month extension to February 28, 2010, in order for the City to keep their extension
options available.
At the January 19, 2010, City Council Work Study Session, in lieu of extending the current
garbage service contract under the original terms and conditions of the agreement, staff was
directed to schedule a public hearing at the February 9, 2010, City Council Meeting to receive
public comment. At this juncture, the City has two (2) options available; 1) extend the current
garbage service contract under the original terms and conditions at the February 23, 2010, City
Council meeting, or 2) renegotiate the garbage service contract with Waste Management.
Recommendation: Open the Public Hearing
Alternatives: Do not open the Public Hearing
Attachments: 2005-2009 Waste Management Contract
Waste Management letter dated 12/28/2009
Q �Ge�\JEO
GNPR�
01,1 pV�OC�o KS
December 28.2009
Mark R. Dorsey
Director, Public Works/City Engineer
City of Port Orchard
216 Prospect Street
Port Orchard. WA 98366
Dear Mr. Dorsey,
Waste Management of Washington, dba Brem-Air Disposal is granting a two (2) month
extension (Feb. 28s' 2010) to the City of Port Orchard to exercise its option to extend our
current Contract. We look forward to negotiating the terms of our future partnership.
Sincerely.
Terry Bickel
District Manager
CONTRACT FOR SOLID WASTE,
RECYCLING, COLLECTION, AND
DISPOSAL
BETWEEN THE
CITY OF PORT ORCHARD, WASHINGTON
AND
WASTE MANAGEMENT OF
WASHINGTON, INC.
in o.
BREM-AIR DISPOSAL
/
�
' )
/ ORIGINAL PAGE NO_4 ��OF�PAGBS
ltECIT�J�3......~.~.~~'~.~~-.~~.-~..-..'.~~~-~^~..~~^.~-~� ...........
l
DEFINITIONS ~^~~~~,,~~~~_~,'~_~~_,~_~^~~~~_,~~~,,,'^,~_~_....-....,.2
�\RTl{�LEL......-~~.~.~.~~^'~.'~^.~~._~^~~~.,~,~._~,~_,~,~ .........-.-7
TERM ................................................................... -~.-....... ~~.......... -...... .... ...
...~.�7
l] �\[i83�E0lEN/.....-~.~~'.~^.~.....~.~~.~~-~..~^.~. ~~_~,...-.-...^...7
12 TERM ...-.-~~-.~-~_~...,^~,_~~~~,,,_~,_~,,,....... _,~^~,~~'~7
1.3 88/\�TI}/\]�()}l,�S8R`�I{%�.................................................. * ....... *''** ........ * ........
������* J
...... ....
ARTICLE D................................................................................. ....... ..-~^~..
GENERALOPERATIONS .................................................................................... ..~~.'~.~~.~.~.~~~.,
2.lAPPLICATION (}F9Y\J'CCTARIFF NO. lV........................................................................
v
22 C()LLEC7I()N.....-~~~...^~.-..-~..~~-.~....~.-.~.
~
211 GENERAL ...................................................................................... .~~.~...... ~_......... .........
,
2.22 COLLECTION SCHEDULE ................................................................................................................
"
22.3 C(}|LlJEC][l0N LOCATIONS ......^~-~..^~~~.~-~'~~^~.~~-~-~.~~-....~~~.,
C(}ClJEC7l0N FROM RESIDENCES ()FDISABLED {)RIMPAIRED RESIDENTS ....................
8
2.24
2.2.5 DANGEROUS ANIMALS ...................................................................................................................
"
226 EMPLOYEES ][[) USE WALKS DRCARRY-OUT SERVICE DIRECTED ......................................
9
2.2.7 EMPLOYEES NOT ?(} TRESPASS ...................................................................................................
'
ii
ORIGINAL PAGE NO 9, OF 30 PAGES
2.4
EMPLOYEES...........................................................................................................................................9
2.4.1
NON-DISCRIMINATION....................................................................................................................9
2.4.2
OSHA/WISHA...................................................................................................................................10
2.4.3
COMPLIANCE WITH LAWS..................................................................................10
2.4.4
EMPLOYEES TO BE COURTEOUS, ETC......................................................................................10
2.5
COMPANY NAME...............................................................................................................................10
2.6
CONTRACTOR'S OFFICES.................................................................................................................10
2.7
PERMITS...............................................................................................................................................10
2.8
PUBLIC UTILITIES..............................................................................................................................10
2.9
LOADING..............................................................................................................................................10
2.10
CLEANUP OF SPILLS......................................................................................................................11
2.11
DISRUPTION OF COLLECTION.....................................................................................................11
2.11.1
DISRUPTION OF COLLECTION DUE TO WEATHER.................................................................11
2.11.2
HOLIDAY SCHEDULES........................................................................................11
2.11.3
MISSED AND MAKEUP COLLECTIONS......................................................................................11
2.12
COLLECTION EQUIPMENT...........................................................................................................12
2.12.1
VEHICLE AND CONTAINERS........................................................................................................12
2.12.2
RESERVE EQUIPMENT...................................................................................................................12
2.12.3
PAINTING AND CLEANING OF VEHICLES.................................................................................12
2.13
SUBCONTRACTORS.......................................................................................................................12
2.14
METHOD OF DISPOSAL.................................................................................................................12
ff
ORIGINA, � 2 PAGE NO 3 OF 30 PAGES ,
2.15 SERVICE TO CITY FACILITIES.....................................................................................................12
2.16 COMPLIANCE WITH LAWS...........................................................................................................12
ARTICLEIII .....................................................................................................................................................13
REPORTING REQUIREMENTS..........................................................................
3.1 REPORTING REQUIREMENTS............................................................................
........................13
....................13
3.1.1 QUARTERLY PROGRAM REPORTS.............................................................................................13
3.2 CONTRACTOR'S RECORDS; ACCESS INSPECTION.....................................................................13
ARTICLEIV.....................................................................................................................................................14
INSURANCE AND SAFEGUARDS...............................................................................................................14
4.1 INSURANCE.........................................................................................................................................14
4.1.1 GENERAL REQUIREMENTS..........................................................................................................14
4.1.2 ADDITIONAL INSURANCE............................................................................................................14
4.1.3 CONTINUANCE................................................................................................................................14
4.1.4 COVERAGES....................................................................................................................................14
4.1.4.1 ENDORSEMENTS...............................................................................................................................14
4.1.4.2 MINIMUM LIMITS...........................................................................................................................15
4.1.5 OTHER INSURANCE PROVISIONS.........................................................................15
4.1.5.1 MINIMUM SCOPE OF INSURANCE........................................................................15
4.1.5.2 ACCEPTABILITY OF INSURERS............................................................................15
4.1.5.3 CONTRACTOR'S INSURANCE PRIMARY.................................................................15
4.2 PERFORMANCE BOND......................................................................................................................15
4.3 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT.......................................................16
iv
ORIGINAL PAGE NO q OF- PAGES
4.3.1 INDEMNIFICATION.........................................................................................................................16
4.3.2 WAIVER OF RCW TITLE 51...........................................................................................................16
4.4 COMPLIANCE REQUIRED.................................................................................................................16
ARTICLEV......................................................................................................................................................17
GARBAGECOLLECTION..............................................................................................................................17
5.1 GARBAGE COLLECTION......................................................................................17
5.1.1 CARTS................................................................................................................................................17
5.1.2 BULKY ITEMS AND WHITE GOODS............................................................................................17
ARTICLEVI.....................................................................................................................................................17
CITYCLEANUP DAYS..................................................................................................................................17
6.1 GENERAL.............................................................................................................................................17
ARTICLEVII ....................................................................................................................................................17
RECYCLECOLLECTION...............................................................................................................................17
7.1 GENERAL RECYCLING PROVISIONS.............................................................................................17
7.1.1 APPLICATION OF WUTC TARIFF AND KITSAP COUNTY ORDINANCE..............................17
7.2 IMPLEMENTATION OF RESIDENTIAL RECYCLING (NEW PROGRAM) ........................17
ARTICLEVIII ...............................................................................................................18
YARDDEBRIS.................................................................................................................................................18
8.1 YARD DEBRIS COLLECTION...............................................................................18
ARTICLED{.....................................................................................................................................................18
CONTRACTORCOMPENSATION................................................................................................................18
9.1 GENERAL.............................................................................................................................................18
v
ORIGINAL 1 PAGE NO 5 OF So PAGES
9.2 COMPENSATION.................................................................................................................................18
9.3 RATE INCREASES...............................................................................................................................18
9.4 LIEN FOR NON-PAYMENT....................................................................................19
ARTICLEX..................................................................................................................................I...................19
BILLINGSERVICES.............................................................................................................I.........................19
10.1 CONTRACTOR BILLING.................................................................................................................19
ARTICLEXI.....................................................................................................................................................20
DEFAULTS......................................................................................................................................................20
11.1 TERMINATION.................................................................................................................................20
11.2 LIQUIDATED DAMAGES...............................................................................................................20
ARTICLEXU....................................................................................................................................................21
ANNEXATION.................................................................................................................................................
21
12.1 FRANCHISE RIGHTS.......................................................................................................................21
ARTICLEXHI..................................................................................................................................................21
MISCELLANEOUS..........................................................................................................................................21
13.1 NON-WAIVER...................................................................................................................................21
13.2 NOTICES............................................................................................................................................21
13.3 SEVERABILITY................................................................................................................................21
13.4 ENTIRE AGREEMENT.....................................................................................................................21
13.5 ATTORNEYS' FEES.........................................................................................................................22
13.6 CHANGE IN RATE OR SERVICE...................................................................................................22
vi
ORIGINAL 2 PAGE NO (v OF W PAGES
13.7
ASSIGNMENT...................................................................................................................................22
13.8
FORCE MAJEURE................................................................................................22
13.9
APPLICABLE LAW/VENUE...................................................................................22
13.10
INDEPENDENT CONTRACTOR.............................................................................22
13.11
SUBCONTRACTING...........................................................................................23
13.12
TAXES AND FEES.............................................................................................23
13.13
INSOLVENCY; RIGHT TO TERMINATE CONTRACT................................................23
13.14
RESERVATION OF MUNICIPAL AUTHORITY.........................................................23
13.15
SUCCESSORS AND ASSIGNS...............................................................................23
13.16
CORPORATE AUTHORITY..................................................................................23
13.17
DISPUTE RESOLUTION......................................................................................24
vii
ORIGINAL PAGE NO i' OF'D PAGES
CONTRACT FOR SOLID WASTE
RECYCLING, COLLECTION, AND DISPOSAL
BETWEEN THE CITY OF PORT ORCHARD, WASHINGTON
AND WASTE MANAGEMENT OF WASHINGTON, INC.
dba BREM-AIR DISPOSAL
RECITALS
WHEREAS, the City of Port Orchard, a Washington municipal corporation (the "City"), has
negotiated with Waste Management of Washington, Inc. dba Brem-Air Disposal, a Washington
corporation (the "Contractor"), for solid waste collection and recycling pick-up services; and
WHEREAS, solid waste collection service is a fundamental municipal function with
uniform, managed collection necessary for the preservation of public health; and
WHEREAS, Contractor represents that it has the experience, resources, and expertise
necessary to perform solid waste collection services; and
WHEREAS, pursuant to RCW 35.21.120 the City has enacted ordinances codified in the
City's Municipal Code which created a system for the orderly collection and disposal of Garbage
within the City of Port Orchard; and
WHEREAS, the City agrees to adopt such modifications to its solid waste ordinances as are
necessary to reflect this agreement; and
WHEREAS, this contract is subject to the adoption of such ordinance modifications and to
the rights of any third parties regarding franchises provided for pursuant to RCW 35.13.280; and
WHEREAS, the City Council finds that by entering into this contract for the collection of
Recyclables and Garbage, the citizens of the City will receive a greater variety of Garbage services
at more stable rates; and
WHEREAS, the City and Contractor have negotiated a mutually advantageous proposal for
providing solid waste collection services and the City Council has determined that the City should
enter into a contract with Contractor for the collection and disposal of Garbage, recycling and yard
debris within the City;
ORIGINAL Z PAGE NO 6 OF 30 PAGES
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFITS AND
COVENANTS STATED HEREIN THE PARTIES AGREE AS FOLLOWS:
DEFINITIONS
For the purposes of this Contract the following terms shall have the following meanings:
Bulky Waste/Items: Couches, chairs, mattresses, appliances and other large items that do
not fit into the standard Residential or Commercial Garbage track.
Commercal/Industrial Customers: Non -Residential customers including businesses,
institutions, governmental agencies, Multi -Family customers with Commercial accounts and all
other users of commercial type Garbage collection services.
Commercial Recycling Customers: Commercial/Industrial customers who voluntarily sign
up for this service. Washington State or the W.U.T.C. do not regulate this service.
City: The City of Port Orchard, Washington
Contractor: Waste Management of Washington Inc. dba Brem-Air Disposal, which has
contracted with the City of Port Orchard to collect, process, market and transport solid waste,
Recyclable Materials, and Yard Debris within the City limits.
County: Kitsap County, Washington
Contract Administrator: The Public Works Director or a person designated by the Public
Works Director
Curb or Curbside: The area within five (5) feet of the public street or alley where regular
Garbage collection occurs. If safe access is difficult or extraordinary circumstances preclude such a
location, curbside shall be considered a placement suitable to the resident, convenient to the
Contractor's equipment, and mutually agreed to by the Administrator and Contractor.
Garbage: All putrescible and nonputrescible wastes originating within the City, except
Recyclable Materials, Special Waste, Yard Debris and Hazardous Waste.
Disposal Fee: The fee charged to the Contractor for the disposal of any Garbage or solid
waste.
OPIGINA, PAGE NO q OF30 PAGES
Hazardous Waste: The waste, material or substance that is not excluded from regulation as
"hazardous waste," "hazardous substance," or "dangerous waste" by application of regulations
adopted by the United States Environmental Protection Agency or the Washington State Department
of Ecology and that now or hereafter:
(a) is required to be dealt with as a hazardous waste under regulations
promulgated by the United States Environmental Protection Agency at 40
CFR part 261; or
(b) contains a radioactive material the storage or disposal of which is regulated
by state or federal law or regulation; or
(c) is designated a "dangerous waste" or "extremely hazardous waste" by
regulations adopted pursuant to Chapter 70.105 RCW; or
(d) is required to be dealt with as a hazardous substance under chapter 70.105D
RCW and regulations promulgated by the Washington Department of
Ecology at chapter 173-340 WAC.
Inaccessible Area: Any road that does not allow safe access, tum-around, clearance or does
not meet the weight requirements for the trucks.
Mixed Paper: Magazines, junk mail, phone books, bond or ledger grade paper, cardboard
and paper board packaging. Tissue paper, paper towels, and frozen food containers are excluded.
Multi -Family Residence: All Multi -Family complexes including apartments,
condominiums, town houses, and mobile home parks with two (2) or more dwelling units (or any
complex that only has one water or electrical meter), where single family collection service is not
conveniently provided.
Public Street: A public way used for public travel.
Recyclable Material:
Aluminum cans;
Clean glass containers, clear, amber and green (no ceramic or window glass);
Mixed paper, mail, magazines, catalogs, phone books, computer paper, white and colored
ledger and corrugated cardboard (no larger than 2 feet by 3 feet);
Newspaper and inserts; or
Clean plastic bottles, milk jugs and dairy tubs.
The City and the Contractor can negotiate any deletion or additions to the Recyclable
Materials list.
Recycling Bin or Bin: A Contractor -owned and provided container suitable for household
collection, storage, and curbside set out of source -separated Recyclable Material, at least partially
manufactured with recycled plastic.
3
ORIGINAL PAGE NO 10 OF 30 PAGES
Recycling Carts: A Contractor -owned and provided labeled cart suitable for on -site
collection and/or storage of source -separated Recyclables and Yard Debris at Residential and Multi -
Family locations.
Residence: A living space individually rented, leased, or owned.
Service Area: The municipal boundaries of the City both now and as they may be expanded
by annexation during the life of the contract, subject to the provisions of RCW 35.13.280.
Single Family Residence: All single unit houses, duplexes, and mobile homes where service
is billed to the individual customer.
Special Waste: Any waste, from a nonresidential source, meeting any of the following
descriptions:
a. A containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.).
b. A waste transported in a bulk tanker.
c. A liquid waste.
d. A sludge waste.
e. A waste from an industrial process.
f. A waste from a pollution control process.
g. Residue and debris from the cleanup of a spill or release of chemical substances,
Commercial products or waste.
h. Contaminated soil, water, residue, debris and articles from the cleanup of a site or
facility formerly used for the generation, storage, treatment, recycling, reclamation or
disposal of wastes listed as a hazardous waste, special waste or miscellaneous special waste.
i. Chemical waste from a laboratory. (This is limited to discarded containers of laboratory
chemicals, lab equipment, lab clothing, debris from lab spills or cleanup and floor
sweepings).
j. Articles, equipment and clothing containing or contaminated with poly chlorinated
biphenyls (PCB's). (Examples are: PCB capacitators or transformers, gloves or aprons from
draining operations, empty drums that formerly held PCB's, etc. Note: PCB solids, semi-
solids, semi -solids, or liquid delivered in bulk or drums are not "miscellaneous special
waste"; but are "special waste.")
k. "Empty" containers of waste Commercial products or chemicals. (This applies to a
portable container which has been emptied, but which may hold residuals of the product or
chemical. Examples of containers are: portable tanks, drums, barrels, cans, bags, liners, etc.
A container shall be determined "empty" according to the criteria specified at 40 C.F.R.
261.7)
1. Asbestos containing waste from building demolition or cleaning. (This applies to
asbestos -bearing waste insulation materials, such as wall board, wall spray coverings, pipe
insulation, etc. Note: asbestos -bearing industrial process waste is a "special waste," but not
a "miscellaneous special waste.")
4
ORIGINA, PAGE NO It OF 30 PAGES
in. Commercial product or chemicals: off -specification, outdated, contaminated or banned.
(This also includes products voluntarily removed from the marketplace by a manufacturer or
distributor, in response to allegations of adverse health effects associated with product use.)
n. Residue and debris from cleanup of spills or releases of a single chemical substance or
Commercial product or a single waste which would otherwise qualify as a miscellaneous
special waste. (Note: Residue and debris from spills or releases not meeting this definition
are "special waste," not "miscellaneous special waste.")
o. Medical Waste from a medical practitioner, hospital, nursing home, medical testing
laboratory, mortuary, taxidermist, veterinarian, veterinary hospital, or animal testing
laboratory. (This includes any waste produced at these facilities including sharps, except
residue from incinerators, septic tank pumping or wastewater treatment sludges, which are
all "special wastes," but not "miscellaneous special wastes." Note: discarded chemicals
from the above facilities should be treated as "chemical waste from a laboratory," as
provided in subsection 2.a. above.)
p. Animal waste and parts from slaughter houses or rendering plants. (This excludes wastes
from fur or leather products manufacturers, which are "special wastes.")
q. Waste produced by the mechanical processing of fruit, vegetables or grain. (This
includes such wastes as rinds, hulls, husks, pods, shells, and chaff. Food processing wastes
which are aqueous or sludges, or which have been contaminated with dyes, additives or
preservatives are "special waste," but not "miscellaneous special waste.")
r. Pumpings from septic tanks used exclusively by dwelling units. (Single family homes,
duplexes, apartment buildings, hotels or motels.)
s. Sludge from a publicly owned sewage treatment plant serving primarily domestic users
(i.e., with no substantial industrial or chemical influent).
t. Grease trap wastes from residences, restaurants, or cafeterias not located at industrial
facilities.
u. Washwater wastes from Commercial car washes. (Note: This does not include facilities
used for washing the exterior of bulk chemical or waste tank trucks, or for washing out the
interior of any truck.)
v. Washwater wastes from Commercial laundries or laundromats. (Note: This does not
include waste from a dry-cleaning facility or waste from a Commercial laundry used by an
industry to wash chemical -contaminated clothing from its workers; such wastes are "special
wastes.")
w. Chemical -containing equipment removed from service. (Examples: cathode ray tubes,
batteries, fluorescent light tubes, etc.)
x. Waste produced from the demolition or dismantling of industrial process equipment or
facilities contaminated with chemicals from the process. (Note: Chemical or wastes removed
or drained from such equipment or facility are "special wastes.")
y. Closed cartridge filters from dry-cleaning establishments. (Such filters being used to filter
used dry-cleaning fluids or solids.)
5
ORIGINAL Z PAGE NO J-Z- OF 30 PAGES
WUTC: Washington Utilities and Transportation Commission, the State Agency that
regulates Commercial/Industrial Garbage, Residential and Multi -Family Recycling in
Unincorporated Counties.
WUTC Tariff No. 19: WUTC Tariff Number 19 (Waste Management of Washington Inc.
dba Brem-Air Disposal Certificate Number 237), as may be modified from time to time by the
WUTC. A copy of which is attached as Appendix "A."
Yard Debris: Leaves, grass, weeds, and clippings of woody and fleshy plants up to three (3)
inches in diameter and three (3) feet in length. Yard debris does not include food waste or other
organic material.
ri
ORIGINAL ` PAGE NO 1.3 OF 30 PAGES
ARTICLE I
AGREEMENT, TERM
1.1 Agreement
The city of Port Orchard (hereinafter referred to as "City"), hereby agrees that Waste
Management of Washington Inc. dba Brem-Air Disposal (hereinafter referred to as "Contractor"),
shall have the exclusive right to collect Garbage, Recyclable Material and Yard Debris within the
city limits, to the extent allowed by law, including all work incidental thereto, upon the terms and
conditions set forth below.
1.2 Term
The term of this Contract is five years, starting July 1, 2005, and expiring June 30, 2010.
The City may, at its option, extend the agreement for up to two extensions, the first extension will
be for 3 years and the second extension is for 2 years. Any such extension shall be under the
original terms and conditions of this Contract. To exercise its option to extend this Contract,
written notice shall be given by the City to the Contractor by December 31st of the year prior to the
expiration of the Contract term or the expiration of a previous extension.
1.3 Mandatory Service
Collection of Garbage within the City is mandatory for all Residential and Commercial
customers. Collection of Recyclable Materials within the City is mandatory for all Residential and
Multi -Family customers.
ORIGINAL )- PAGE NO —14 OF 30 PAGES
ARTICLE II
GENERAL OPERATIONS
2.1 Application of WUTC Tariff No. 19
The requirements regarding the collection of Garbage, Recyclable Material, Yard Debris and
Special Wastes as set forth in the WUTC Tariff No. 19, and the rates named therein, are
incorporated by this reference and shall apply to the services described in this Agreement. In the
event of any inconsistency between the terms of this Agreement and WUTC Tariff No. 19, the terms
of this Agreement shall govern.
2.2 Collection
2.2.1 General
The services to be performed consist of the collection of all Garbage, Recyclable Material,
Yard Debris and Special Wastes herein referred to which occur within the City of Port Orchard and
disposal or recycling thereof. The collection of Hazardous Waste is not included within the scope of
this Agreement, and Contractor shall be under no obligation to collect any Hazardous Waste.
Nothing herein is intended to prevent Contractor from collecting, transporting and/or disposing of
any non -hazardous or hazardous toxic waste in accordance with applicable federal and state
requirements and regulations, so long as such actions are performed separate and apart from any
action taken in the performance of this Agreement.
2.2.2 Collection Schedule
The collection of Garbage, Recyclable Materials and Yard Debris from Single Family and
Multi -Family customers within the City shall be between the hours of 6:00 AM and 6:00 PM. The
collection of Commercial customers will be between the hours of 5:00 AM and 6:00 PM.
2.2.3 Collection Locations
Subject to the provisions of paragraph 2.1.5, Contractor shall collect Garbage, Recyclable
Materials and Yard Debris at Curbside from all Single Family Residences and Multi -Family.
Contractor may refuse to pick up materials at locations identified by Contractor and approved by the
City, acting reasonably, where, because of the conditions of the streets, alleys or roads, it is
impractical to operate vehicles, and may refuse to drive into private property where driveways or
roads are without adequate turnarounds or have other unsafe conditions.
2.2.4
Collection from Residences of Disabled or Impaired Residents
The Contractor shall provide collection to the residences or persons identified by the
Contract Administrator as disabled or impaired. Contractor shall collect Garbage and Recyclables
from such residences at no extra charge for containers not placed at curbside, provided that the
Contractor has reasonable access to the containers.
2.2.5 Dangerous Animals
Contractor will not be required to enter into private property to pick up materials while an
animal considered or feared to be vicious is loose.
ORIGINA, 'PAGE NO —5 OF 30PAGES
2.2.6 Employees to Use walks if Carry -out Service Directed
Employees, in collecting Garbage and Recyclable Materials, shall follow the regular walks
for pedestrians while on private property returning to the street or alley after replacing empty cans.
They shall also replace all Garbage cans and covers and close all gates opened by them. All
employees shall wear clean clothing or uniforms.
2.2.7 Employees Not to Trespass
Employees shall not trespass or loiter, cross property to an adjoining premise, or meddle
with property which does not concern them.
2.3 Contractor to Make Examination
Contractor shall make its own examination and investigation regarding the proper method of
doing the work and all conditions affecting the work to be done, and the labor, equipment and
materials needed therefore and the quantity of work to be performed. Contractor agrees that it is
satisfied with its own investigation and research, and will make no claim against City because of
any of the estimates, statements, or interpretations made by any officer or agent of the City. This
Agreement is for the benefit of the parties thereto and is not intended to inure to the benefit of any
third party.
2.4 Employees
All workers employed by Contractor shall be competent and skilled in the performance of
the work to which they may be assigned. All drivers must have a C.D.L. `B" or "A" license and a
current medical card. Failure or delay in the performance of this Contract due to Contractor's
inability to obtain workers of the number and scope required, shall constitute a default of this
contract.
2.4.1 Non -Discrimination
The Contractor will not discriminate against any employee or applicant for employment
because of age, race, religion, creed, color, sex, marital status, sexual orientation, political ideology,
ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based
on a bona fide occupational qualification. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to their
creed, religion, race, color, sex, marital status, sexual orientation, political ideology, ancestry,
national origin, or the presence of any sensory, mental or physical handicap. Such action shall
include, but not be limited to the following: Employment upgrading; demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment any required notices
setting forth the provisions of this nondiscrimination clause. Contractor understands and agrees that
if it violates this nondiscrimination provision, this contract may be terminated by the City and
further that the Contractor shall be barred from performing any services for the City now or in the
future, unless a showing is made satisfactorily to the City that discriminatory practices have
terminated and that recurrence of such action is unlikely.
V
ORIGINAL 2- PAGE NOilo OF 30 PAGES
2.4.2 OSHA/WISHA
Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the
Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations
issued under these Acts from time -to -time must be complied with. The Contractor shall indemnify
and hold harmless the City from all damages assessed for the Contractor's failure to comply with
the acts and standards issued thereunder. The Contractor is also responsible for meeting all pertinent
local, state and federal health and environmental regulations and standards applying to the operation
of the collection processing system.
2.4.3 Compliance with Laws
Contractor agrees to comply, at its own expense, with all applicable State, Federal and Local
laws, rules and regulations, including, but not limited to, all applicable laws regarding wages.
2.4.4 Employees to be Courteous. Etc.
Employees of Contractor shall be courteous at all times and not use loud or profane language
and shall do their work as quietly as possible.
2.5 Company Name
Contractor shall not use a firm name containing any words implying municipal ownership or
including the name of the City.
2.6 Contractor's Offices
Contractor shall be required to maintain a local access telephone number or a 800 number
which meets the approval of the City, and such attendants as may be necessary to take care of
complaints, as well as orders for special service or to receive instruction. The attendant shall be on
duty between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays. At
such times as the office is closed, a recorder shall be in operation.
2.7 Permits
Contractor shall take out and pay for any business license or other fee required by the City or
any other governmental authority which may be required to provide the services under this Contract.
2.8 Public Utilities
Contractor shall be obligated to protect all public and private utilities whether occupying
street, public or private property. If such utilities are damaged by reason of Contractor's operations
under this Contract, he shall repair or replace same.
2.9 Loading
Extra care shall be taken in the loading and transporting of Garbage, refuse and other wastes
so that the material to be collected is not left either on private property or on the streets or alleys.
Any Garbage, refuse, or other wastes left on private property or on streets or alleys spilled by
Contractor shall be cleaned up within a reasonable timeframe.
10
ORIGINAL t� PAGE NO -Ir} OF �d PAGES
2.10 Cleanup of Spills
Contractor shall be responsible for the cleaning up of all debris spilled or tracked on any
street, alley or public place by any of his employees or equipment.
2.11 Disruption of Collection
2.11.1 Disruption of Collection Due to Weather
When weather conditions are such that continued operation would result in danger to the
Contractor's staff, area residents, or property, the Contractor shall collect only in areas that do not
pose a danger. The Contractor shall notify the City, on the same business day, of the areas not
served.
The Contractor shall collect Garbage, Recyclables and Yard Debris from customers with
interrupted service on their next scheduled service day. Extra Garbage will not be charged for as
long as it does not exceed double their normal service.
2.11.2 Holiday Schedules
The Contractor shall designate which holidays will be observed and indicate the schedule
that will be worked if the holiday falls on a regular collection day. The holiday schedule for the
next year shall be provided in writing by the Contractor to the City. When the day of regular
collection is a legal holiday, the Contractor may reschedule the service to the next day, example:
Monday to Tuesdays, Tuesday to Wednesday, Wednesday to Thursday, Thursday to Friday and
Friday to Saturday. The Contractor may not collect Residential Garbage, Recyclables or Yard Debris
earlier than the regular collection day due to a holiday. Commercial collections may be made one
day early only with the consent of the Commercial Customer.
2.11.3 Missed and Makeup Collections
If the Contractor fails to collect a customer's Garbage during a regularly scheduled
collection, other than as provided in Section 2.11.1 or 2.11.2, the Contractor shall make a special
make up collection within 24 hours of notification by the City or customer. This section applies to
omitted collections of a single residence, a row of residences, or an entire route. If Contractor fails
to provide a special pickup for a missed collection within twenty-four (24) hours after notification
by the Contract Administrator or customer, the Contract Administrator may cause the work to be
done and the Contractor shall fully reimburse the City for its collection expenses.
11
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ORIGINAL 2 PAGE NO 18 OF
-MLPAGES
2.12 Collection Equipment
2.12.1 Vehicle and Containers
In collecting Garbage, Recyclable Materials, Yard Debris, special waste and other wastes
under this Contract, Contractor shall use truck bodies that are designed and manufactured for
collection of Garbage, Recyclable Materials and Yard Debris and are capable of servicing
detachable containers. No leakage from truck bodies or Contractor/supplier shall be allowed. Each
vehicle shall meet state, county, and local motor vehicle safety, health and sanitation regulations and
shall be operated at all times by qualified personnel.
2.12.2 Reserve Equipment
The number and type of collection vehicles, including back up or reserve equipment in event
of equipment failure, furnished by Contractor, shall be sufficient for the collection of all Garbage,
Recyclable Materials and Yard Debris. Contractor shall make available for rental detachable
containers which meet all applicable safety requirements.
2.12.3 Painting and Cleaning of Vehicles
Collection vehicles shall be painted and numbered and shall have the Contractor's name and
number of the vehicles painted in letters of a contrasting color, at least four (4) inches high on each
side of each vehicle. No advertising shall be permitted other than the name of the Contractor. All
vehicles shall be kept in a clean and sanitary condition.
2.13 Subcontractors
Contractor may not subcontract any portion of the services required by this Contract without
the specific written consent of the Contract Administrator, which shall not be unreasonably
withheld. Such consent shall not relieve Contractor from its responsibilities under this Contract for
the services performed by a subcontractor.
2.14 Method of Disposal
Contractor shall deliver all Garbage, Recyclable Materials, Yard Debris and Special Wastes
collected under the Contract to permitted facilities approved by all regulatory agencies having
jurisdiction.
2.15 Service to City Facilities
As partial consideration for this Contract, Contractor shall provide free collection of
Garbage and Recyclables from all Municipal Buildings, Parks and other City facilities where city
employees are the primary occupants (road work and construction is excluded).
2.16 Compliance with Laws
Contractor shall comply with all applicable local, state and federal regulations and laws
regarding the collection, transfer and disposal of Garbage pursuant to this contract.
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ORIGINAL r2 PAGE NOIq OF30 PAGES
ARTICLE III
REPORTING REQUIREMENTS
3.1 Reporting Requirements
The Contractor will be required to keep records and submit them to the City as specified
below. The minimum reporting requirements set forth below are subject to modification, and shall
include:
3.1.1 Quarterly Program Reports
The Contractor shall submit quarterly program reports for the length of the Contract period
commencing upon the initial day of the Contract. These reports shall be completed within twenty
(20) business days from the end of the period being reported. These reports shall clearly indicate
individual totals for single family, multi family and Commercial collection. At a minimum, the
reports shall include:
a. Monthly summary of Recyclable Materials and Yard Debris by tonnage, collected
and recovered (not disposed of at landfill), by customer category.
b. Resident participation rates in terms of monthly set -out counts.
C. Monthly summary of solid waste tonnage, collected and disposed of at a landfill, by
customer category.
d. Customer complaint report
3.2 Contractor's Records: Access Inspection
The city shall have the right to inspect and copy all books, records and documents, and to
interview any person, and to review any evidence in Contractor's possession and control that may
assist the City in determining whether the Contractor is in compliance with the Contract.
13
ORIGINAL PAGE NO 2D OF 30 PAGES
ARTICLE IV
INSURANCE AND SAFEGUARDS
4.1 Insurance
4.1.1 General Requirements
Subsequent to the award but prior to the execution of this Contract, the Contractor at its
own expense shall obtain and file with the City a Certificate of Insurance evidencing general
comprehensive liability insurance coverage (including all of the coverages set forth below). This
Certificate of Insurance shall be subject to approval by the City as to company, terms and coverages.
All insurance shall be written on an occurrence basis.
4.1.2 Additional Insurance
Contractor's liability insurance must specifically name the City as an additional insured
thereunder and must fully protect the City from any and all claims, risks and losses in connection
with any activities or omissions by the Contractor by virtue of this Contract.
4.1.3 Continuance
Contractors liability insurance must be maintained in full force and effect at the
Contractor's sole expense for liability for property damage or personal injury that may occur in
connection with activities or omissions by the Contractor arising under or related to this Contract.
The City shall be given forty-five (45) calendar days prior written notice, by certified mail, of any
cancellation, lapse, reduction or modification of such insurance.
4.1.4 Coverages
4.1.4.1 Endorsements
Said insurance policy and/or an endorsement thereto, as evidenced by the Certificate of
Insurance, must provide the following minimum coverages and limits and contain the following
provisions:
a. Bodily Injury
b. Employees as Additional Insured
c. Premises/Operations Liability (M&C)
d. Products and Completed Operations Liability
e. Blanket Contractual Liability
I. Broad Form Property Damage Liability (including completed operations)
g. Personal Injury with no employee exclusion
h. Stop Gap or Employers Contingent Liability
i. Automobile Liability, including coverage for owned, non -owned, leased or hired
vehicles
14
ORIGINAL PAGE NO 91 OF30 PAGES
4.1.4.2 Minimum Limits
All Coverages: $1,000,000 per occurrence and $2,000,000 aggregate.
The providing of coverage in this stated amount shall not be construed to relieve the
Contractor from liability in excess of such limits. The City shall not be deemed or construed to
have assessed the risks that may be applicable to the Contractor under this Contract. Contractor will
assess its own risks and, if it deems appropriate and prudent, maintain greater limits.
4.1.5 Other Insurance Provisions
4.1.5.1 Minimum Scope of Insurance
Automobile liability insurance covering all owned, non -owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
proving equivalent liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
Commercial general liability insurance shall be written on ISO occurrence for CG 00 01 and
shall cover liability arising from premises, operations, independent contractors and personal injury
and advertising injury.
4.1.5.2 Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.
4.1.5.3 Contractor's Insurance Primary
The Contractor's insurance coverage shall be primary insurance as respects the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the
Contractor's insurance and shall not contribute with it.
4.2 Performance Bond
Contractor shall furnish to the City a proper performance bond to be approved by the City
Attorney, conditioned that Contractor shall faithfully perform all the provisions and terms of the
contract and related documents and pay all laborers, mechanics and subcontractors and material
persons, and all persons who shall provide such Contractor with provisions and supplies for the
carrying on of such work; which bond shall be signed by Contractor and two more good and
sufficient sureties or with Surety Company as Surety, and shall be in the amount of Twenty Five
Thousand Dollars ($25,000.00). Said bond shall at all times be kept in full force and effect during
the term of this Agreement. Contractor agrees to pay all costs, including attorney's fees, associated
with the enforcement of said bond.
15
ORIGINAL )- PAGE NO 2�L OF 30 PAGES
4.3 Indemnification and Hold Harmless Agreement
4.3.1 Indemnification
Contractor hereby agrees to indemnify, defend and hold harmless the City, its officers,
employees, agents and representatives from any and all claims, injuries, damages, losses, costs,
judgments, or awards, to, by or on behalf of any person or entity, which are alleged or claimed to
result from actions or omissions of Contractor and arise from or out of the performance of the terms
of this Contract, except to the extent such claims, injuries, damages, losses, costs, judgments or
awards arise solely from or because of any negligent or willful act or omission by the City, its
officers, agents and employees. All Garbage collected by Contractor pursuant to this Contract shall
become the property and sole responsibility of Contractor at the time it is picked up. Contractor
shall have the sole responsibility of providing that the Garbage is properly disposed of and further
agrees to defend and hold harmless the City, its officers, agents and employees, from any and all
claims, injuries, damages, losses, costs, judgments or awards arising out of such disposal, unless
such claims, injuries, damages, losses, costs, judgments or awards arise solely from or because of
any negligent or willful act or omission by the City, its officers, agents and employees. In the event
that City shall elect to defend itself against any claim or action arising from such act or omission for
which indemnification and defense is owed to the City, Contractor shall, in addition to indemnifying
and holding City harmless from any liability, indemnify and hold City harmless from any and all
expenses incurred by City in defending such claim or suit, including attorneys' fees. The decision to
defend and the choice of attorney shall be and is at the sole discretion of City. Contractor agrees to
indemnify, defend and hold harmless City from and against all claims, injuries, losses, damages,
costs, judgments, awards, and expenses, including without limitation reasonable attorneys' fees and
court costs due to any breach of this Contract. Provided, however, in the event any portion of the
foregoing is held to be invalid or unenforceable by a court of competent jurisdiction, then
Contractor shall be required to indemnify City to the fullest extent permitted by law and that the
court so reform the terms of the foregoing indemnity accordingly.
4.3.2 Waiver of RCW Title 51
With respect to the obligations to hold harmless, indemnify and defend provided for herein,
as they relate to claims against the City, their officers, agents and employees, the Contractor agrees
to waive the Contractor's immunity under industrial insurance, Title 51 RCW, for any injury,
sickness or death suffered by the Contractor's employees which is caused by or arises out of the
Contractor's exercise of rights of privileges granted by this agreement. This waiver is mutually
agreed to by the parties.
4.4 Compliance Required
Failure of the Contractor to fully comply with any and all of the terms of the foregoing
insurance or bond provisions shall be considered a material breach of this contract and unless cured
by Contractor within 7 days after written notification from the City, shall be cause for its immediate
termination at the option of the City.
7�
ORIGINAL Z PAGE NO23 OF'-o PAGES
ARTICLE V
GARBAGE COLLECTION
5.1 Garbage Collection
5.1.1 Carts
All Residential Garbage will be collected in Contractor owned carts. All Multi -Family
Garbage will be collected in Contractor owned carts or containers. All Commercial Garbage will
be collected in Contractor owned carts or containers. Contractor shall provide customers with the
appropriate carts or containers.
5.1.2 Bulky Items and White Goods
Upon request from the City, the Contractor shall provide separate collection of bulky items
and white goods on a call -in basis. Residents will be charged fees according to the W.U.T.C. tariff
in effect at the time of the request.
ARTICLE VI
CITY CLEANUP DAYS
6.1 General
The Contractor shall provide two (2) city cleanup weeks annually (Spring and Fall), upon 90
days notice from the City. At each City cleanup week, Contractor will pick up additional household
refuse from each resident at the curb (limit 2 cubic yards). The City will provide equipment and
manpower to pick up Bulky Material. Additional tonnage picked up by the Contractor and the City
during these weeks will be paid for by the Contractor (maximum of $3,000.00 per event).
ARTICLE VII
RECYCLE COLLECTION
7.1 General Recycling Provisions
7.1.1 Application of WUTC Tariff and Kitsap County Ordinance
The collection of Recyclable Material shall comply with the requirements set forth in WUTC
Tariff No. 19 as well as those set forth in Kitsap County Ordinance No. 283-2002, a copy of which
is attached as Appendix "B." Both documents are incorporated by this reference and shall apply to
the services described in this Article VII. In the event of any inconsistency between the recycle
collection requirements of WUTC Tariff No. 19 and Kitsap County Ordinance No. 283-202, then
the Kitsap County Ordinance shall govern.
7.2 Implementation of Residential Recycling(new program)
Contractor will deliver a 3`d recycling bin (for collection of mixed paper) and will provide
educational material describing the new residential recycling program to residents within 30 days
after the effective date of this contract. The terms of collection for this new program shall be as
defined by WUTC Tariff No. 19 and Kitsap County Ordinance No. 283-2002.
17
i ORIGINAL 2 PAGE NO 9-4 OF 3N1 PAGES
ARTICLE VIII
YARD DEBRIS
8.1 Yard Debris Collection
Yard Debris collection is available for Residential customers. Customers who sign up with
the Contractor for Yard Debris collection will be provided a 96-gallon cart. This is not a mandatory
collection program and will follow the regulations and rate structure set forth in WUTC Tariff No.
19 and Kitsap County Ordinance No. 283-2002. Both documents are incorporated by this reference
and shall apply to the services described in this Article VIII. In the event of any inconsistency
between the yard debris collection requirements of WUTC Tariff No. 19 and Kitsap County
Ordinance No. 283-202, then the Kitsap County Ordinance shall govern.
ARTICLE IX
CONTRACTOR COMPENSATION
9.1 General
For the term of the Contract, Contractor shall charge fees in accordance with this Article to
persons from who the Contractor collects Garbage, Recyclable Materials and Yard Debris
9.2 Compensation
The Contractor will receive compensation for all collection services as set forth in WUTC
Tariff No. 19, as may be modified from time to time by the WUTC. Appendix "A" contains the
current rates set forth in Tariff No. 19.
9.3 Rate Increases
Any rate increases under this Article IX shall be made in compliance with the provisions of
the WUTC, and any modification to the rates set forth in Tariff No. 19 shall apply to this
Agreement. The Contractor shall provide the City with 60 days prior written notice of any rate
increases.
IF
_) ORIGINA. PAGE NO 9-5 OF30 PAGES
9.4 Lien for Non -Payment
Every property owner and every occupant of each premises to which Garbage, Recyclable
Materials, and/or Yard Debris collection and disposal services are rendered shall be responsible for
and shall pay, without delinquency, the charges for such services as billed by the Contractor,
provided such charges are in conformance with WUTC Tariff No. 19, as may be modified pursuant
to section 9.3, above.
The Contractor shall be responsible for the billing and collection of such charges, and shall
have all rights and remedies upon delinquency, including, but not limited to, lien rights, as provided
by law or City ordinance.
The Contractor shall mail service billings to the person or occupant in possession of the
premises to which the services are rendered, unless special billing instructions are received from the
property owner.
The property owner and/or occupant of each premises to which Garbage, Recyclable
Materials, and/or Yard Debris collection and disposal services are rendered shall pay the charges
therefore to the Contractor at its office not later than thirty (30) days after the billing therefore is
mailed, and in the event said charges are not so paid, the charges shall be deemed delinquent.
Interest shall accrue upon delinquent charges at the rate of $0.50 or one percent (1%) per month,
whichever is greater, until paid in full.
In addition to any other remedy provided by law, in the event of delinquency, pursuant to
RCW 35.21.130(2) the amount of any such charge or charges shall become a lien against the
property for which the Garbage, Recyclable Materials, and/or Yard Debris collection and disposal
services are rendered. A notice of such lien shall specify the charges, the period covered by the
charges and set forth the legal description of the premises sought to be charged, and the notice of
lien shall be filed with the county auditor within the time required and shall be foreclosed in the
manner and within the time prescribed for liens for labor and material.
The lien for Garbage, Recyclable Materials, and/or Yard Debris collection and disposal
charges shall be prior to all liens and encumbrances filed subsequent to the filing of the notice of it
with the county auditor, except the lien of general taxes and local improvement assessments whether
levied prior or subsequent thereto.
ARTICLE X
BILLING SERVICES
10.1 Contractor Billing
Contractor shall be responsible for billing and collection of all charges, fees and taxes for the
collection of Solid Waste pursuant to this contract. If City ever levies a utility tax or other gross
receipts tax, Contractor agrees to collect and remit such taxes to the City without any additional
charge for the administrative expense incurred in collection and remitting such taxes.
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ORIGINAL 2 PAGE NO2O OF 30 PAGES
ARTICLE X1
DEFAULTS
11.1 Termination
The failure of Contractor to comply with the terms of this Contract within ten (10) days after
having received written notice by certified mail, return receipt requested, at his mailing address from
City, and a thirty (30) day opportunity to cure such defects, shall constitute grounds for termination
of the Contract at the option of the City.
11.2 Liquidated Damages
As a breach of the service provided by this Contract would cause serious and substantial
damage to City and its residents, and the nature of this Contract would render it impracticable or
extremely difficult to fix the actual damage sustained by City by such breach, it is agreed that in
case of breach of service, City may elect to collect liquidated damages for each such breach and
Contractor shall pay City as liquidated damages and not as penalty, the amount set forth below, such
sums being the amount which City will be damaged by the breach of such services. An election to
seek such remedy shall not be construed as a waiver of any remedies City may have as to any
subsequent breach of services under this Contract.
A truck making Residential collection prior to 6:00 a. m, or after 6:00 p.m.
without city approval per day................................................................................. $50.00
Repetition of Complaints on a route after notification to replace can or
detachable container in designated locations, spilling, not closing gate,
crossing planted areas, or similar violations............................................................ $25.00
Landfilling or burning uncontaminated Recyclable Material without
the express written consent of the Contract Administrator per vehicle
nomaximum........................................................................................................... $25.00
Such liquidated damages as City shall elect to collect shall be billed to Contractor and be
paid within twenty (20) days. Application of these damages may be appealed within ten (10) days by
Contractor to the Contract Administrator, whose decision shall be final.
Liquidated damages will not be assessed by the City for the first 30 days from the start up
date but the Contractor must make every effort to minimize all complaints during the start up
period.
W
ORIGINA, '� PAGE NO Xz OF 3OPAGES
ARTICLE XII
ANNEXATION
12.1 Franchise Rights_
This Agreement is subject to Section 35.13.280, Revised Code of Washington, with respect
to any City annexations.
ARTICLE XIII
MISCELLANEOUS
13.1 Non -Waiver
The failure of any party to enforce any contract provision is not and shall not
be construed as a waiver of that provision. The payment or acceptance of compensation subsequent
to any breach is not and shall not be construed as an acceptance of that breach. All waivers must be
in writing.
13.2 Notices
Any notices to be sent to the City shall be sent to the Contract Administrator at the following
address:
Public Works Director
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Any notices sent to Waste Management of Washington, Inc. dba Waste Management shall be sent
to:
District Manager
9300 SW Barney White Road
Port Orchard, WA 98367
13.3 Severabilitv
If any provision of this Contract is held to be void, invalid or unenforceable under any
applicable law, the remaining provisions of the Contract shall remain in effect and bind the parties.
13.4 Entire Agreement
This Contract constitutes the entire agreement between City and Contractor, and there are no
promises, conditions, terms, obligations, statements, or guarantees other than those contained
herein. No modifications or amendments shall be valid unless in writing and fully executed by both
parties.
21
ORIGINAL 2 PAGE NO OF 3OPAGES
13.5 Attorneys' Fees
In the event of any action or proceeding to enforce, interpret, construe, or otherwise resolve a
dispute between the parties arising from any term, condition or provision of this Contract, the
prevailing party in such action or proceeding shall be entitled to recover, in addition to all other
relief, from the other party, reasonable attorneys' fees incurred by the prevailing party in connection
with such action or proceeding, including but not limited to any appeal thereof.
13.6 Change in Rate or Service
Contractor shall give (45) days written notice to the City Manager of any rate or change
which affects the date of collection providing that no change in the terms of this Agreement may be
made unless agreed to in writing by the City Manager.
13.7 Assi ng ment
This contract may not be assigned or transferred by Contractor, nor shall Contractor
subcontract any part of this Contract, without the prior written consent of the City Council, as
evidenced by a City Resolution and the signature of the Mayor. The City may withhold its consent
to assignment or transfer of this Contract at its sole, subjective discretion. In the event of an
unauthorized assignment or transfer, the City reserves the right to cancel the Contract.
Notwithstanding the foregoing, Contractor may assign this Agreement to another subsidiary or
corporate affiliate of Contractor.
13.8 Force Majeure
Contractor shall not be deemed to be in default and shall not be liable for failure to perform
under this Agreement if Contractor's performance is prevented or delayed by Force Majeure. For
purposes of this Agreement, the term Force Majeure shall mean any acts of God including
landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances,
strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, public
riots, explosions, or disposal site, governmental restraint or other causes, whether of the kind
enumerated or otherwise, which are not reasonably within the control of the party affected by the
Force Majeure event.
13.9 Applicable Law / Venue
This Contract shall be governed by the laws of the State of Washington. Venue for any
action hereunder shall be in Mtsap County Superior Court.
13.10 Independent Contractor
The parties agree and acknowledge that Contractor is an independent Contractor and not an
agent or employee of the City, and that no liability shall attach to the City as a result of the acts or
omissions of Contractor, its employees, agents, or assigns. Contractor shall have no authority to
execute agreements or to make commitments on behalf of the City, and nothing contained in this
Contract shall be deemed to create the relationship of employer and employee or principal and agent
between the City and Contractor.
22
ORIGINA, '2 PAGE NO �-9 OF 30 PAGES
13.11 Subcontracting
The parties intend that Contractor shall perform pursuant to the terms of this Contract with
its own employees. However, in the event any incidental subcontractor services are necessary,
Contractor agrees to be responsible for the standards of performance of any subcontractor.
Contractor agrees that no subcontractor shall relieve Contractor of any obligations under this
Contract.
13.12 Taxes and Fees
Contractor acknowledges that it is responsible for the payment of any local, state, or federal
taxes or fees with respect to Contractor's agents and employees, and any taxes or licenses applicable
to Contractor's business activity.
13.13 Insolvency; Right to Terminate Contract
In addition to other terms of this Contract, any or all of the following shall be considered
events of default of this Contract, allowing the City to terminate the Contract if such events are not
cured within 10 days of written notice: a) if Contractor petitions any court to be adjudged a
bankrupt; b) if a petition in bankruptcy is filed in any court against Contractor; c) if Contractor is
adjudged to be insolvent; d) if Contractor is adjudged to be bankrupt; e) if a receiver or other officer
is appointed to take charge of the whole or any part of Contractor's property or to wind up or
liquidate its affairs; f) if Contractor seeks reorganization under the Federal Bankruptcy Code, as
amended; or g) if Contractor admits in writing its inability to pay its debts as they become due.
13.14 Reservation of Municipal Authority
The City specifically reserves the right to enact general municipal ordinances and resolutions
affecting all businesses and persons in the City.
13.15 Successors and Assigns
This Contract shall be binding upon the parties and their successors and assigns.
13.16 Corporate Authority
Each individual executing this Contract on behalf of a corporation represents and warrants
that he/she is duly authorized to execute and deliver this Contract on behalf of the corporation.
23
ORIGINAL "PAGE NO 330OF30PAGES
13.17 Dispute Resolution
In order to have a administrative mechanism for promptly mediating customer complaints
regarding billing for or the collection of garbage, recyclable materials, or yard debris, the City and
the Contractor agree as follows: 1) the Contractor shall first make a good faith effort to resolve a
customer's complaint; 2) in the event the customer is not satisfied with the Contractor's resolution,
the complaint shall be forwarded to the Director of Public Works who shall resolve the complaint
after discussing the matter with the customer and the Contractor; 3) in the event the customer or the
Contractor is not satisfied with the decision of the Director of Public Works, either party may appeal
the decision to the Mayor of Port Orchard, whose decision shall be final. This administrative
process shall not foreclose either the City or the Contractor from pursuing their legal or equitable
remedies in Kitsap Superior Court to enforce, construe or otherwise resolve a dispute between the
City and the Contractor arising from any term or condition of this Contract.
Dated this -11%'
City of Port Orchard
day of 11, ) 4 12005.
By: /�/V l
Kim Abel, Mayor
Attest: I /J
By: bet% ,�. L
City Clerk
�aete ent of Washington Inc.
C
By:
Manager
24
CONTRACT FOR SOLID WASTE,
RECYCLING, COLLECTION, AND
DISPOSAL
BETWEEN THE
CITY OF PORT ORCHARD, WASHINGTON
WASTE MANAGEMENT OF
WASHINGTON, INC.
dba
BREM-AIR DISPOSAL
APPENDIX "A"
W.U.T.0 TARIFF
RECEIVED "NOV 1, 2004 WA. UT. & TRANS. COMM. ORIGINAL TG-041920
Original Title Page
Tariff No.19
Cancels
Tariff No. 18
of
Waste Management of Washington, Inc
(Name of Solid Waste Collection Company)
Brem-Air Disposal
(Registered trade name of Solid Waste Collection Company)
Certificate Number G- 237
NAMING RATES FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF
SOLID WASTE, AND IF NOTED, RECYCLING AND YARDWASTE
IN THE FOLLOWING DESCRIBED TERRITORY:
See Attached Appendix A
(NOTE: If this tariff applies in only a portion of a company's certificate authority,
a map accurately depicting the area in which the tariff applies must be attached to the tariff)
Name of person issuing tariff: Michael A. Weinstein
Mailing address of issuing agent: 801 Second Avenue, Suite 614
City, State/Zip Code: Seattle, WA 98104
Telephone number, including area code: (206) 264-3072
FAX number, if any: (206) 264-8212
E-mail address, if any: mweinstein(cr�wm com
UTC requests for information
g consumer questions and/or
nts should be referred to the
g company representative:
Teny Bickel
District Manager
::(360)415-2751
.il: tbickelna.wm.com
(360)674-7138
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 11 2005
(For Official Use Only)
Docket No. TG- Date: Iitinn n�crrre r rmz nnrLY
Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
:RECEIVED NOV 19 2004 VVA. UT. ,& TRANS. COMM. ORIGINAL TG-041920
Tariff No. 19 Original Page No. 2
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
CHECK SHEET
All pages contained in this tariff are listed below in consecutive order. The pages in the tariff and/or any
supplements to the tariff listed on this page have issue dates that are the same as, or are before, the issue date of
this page. "O" in the revision column indicates an original page.
Page Number
Current
Revision
Page Number
Current
Revision
Page Number
Current
Revision
Title Page
O
20
O
2
O
21
O
3
O
22
O
4
O
23
O
5
O
24
O
6
O
25
O
7
O
26
O
8
O
27
O
9
O
28
O
10
O
29
O
11
O
30
O
12
O
31
O
13
O
32
O
14
O
33
O
15
O
34
O
16
O
35
O
17
O
36
O
18
O
O
19
O
FH3
O
Supplements in Effect
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
l
RECEWED NOV 1, 2004 WA. ITT. S TRANS. COMM. ORIGINAL ` C' 0419.20
Tariff No. 19 Original Page No. 3
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Index of Items in This Tariff — see next Rage for list by topic
Item 5 —Taxes
Item 10 — Application of Rates — General
Item 15 —Holiday Pickup
Item 16 — Change in Pickup Schedule
Item 17 — Refunds
Item 18 — Billing, Advance Billing, Payment Delinquency Dates, Late Charges
Item 20 — Definitions
Item 30 — Limitation of Service
Item 40 - Material Requiring Special Equipment, Precautions, or Disposal
Item 45 — Material Requiring Special Testing and/or Analysis
Item 50 — Returned Check Charges
Item 52 — Re -delivery Charges
Item 55 — Over -sized or Over -weight Units
Item 60 — Overtime
Item 70 — Return Trips
Item 75 — Flat Monthly Charges
Item 80 — Carryout Service, Drive -Ins
Item 90 — Can Carriage, Overhead Obstructions, Sunken or elevated cans/units
Item 100 — Can/Unit Service, Residential — Residential Curbside Recycling — Residential Yardwaste service
Item 105 — Multi- family rates
Item 120 — Drums
Item 130 —Litter Receptacles
Item 150 — Loose and/or Bulky Material
Item 160 — Time Rates
Item 200 — Application of Container and/or Drop Box Rates — General
Item 205 — Roll -Out Charges — Containers, Automated Carts, and Toters
Item 207 — Excess Weight — Rejection of Load, Charges to Transport
Item 210 — Washing and Sanitizing Containers and Drop Boxes
Item 220 — Compactor Rental
Item 230 — Disposal Fees
Item 240 — Container Service —Non-compacted — Company -owned container
Item 245 — Container Service —Non-compacted — Customer -owned container
Item 260 — Drop Box Service — Non -Compacted — Company -owned drop box
Item 275 — Drop Box Service — Compacted — Customer -owned drop box
Item 300 — List of Abbreviations and Symbols Used in Tariff
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 11 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
;RECEIVED NOV 11 2004 WA. UT. _& TRANS. COMM. ORIGINAL TG-041920
Tariff No. 19 Original Page No. 4
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Index by tonic
Item No.
Abbreviationsused in tariff..................................................................................................................300
Advancebilling.......................................................................................................................................18
Animals............................................................................................30
.............................................
Bales
Billing periods authorized....................................................................,
Carryoutservice...................................................................................
Commercial can service.......................................................................
Compactor rental..................................................................................
Container service, non -compacted, company -owned ......I ...................
Container service, non -compacted, customer -owned ..........I ...............
Containers and/or drop boxes, availability ..........................................
Containers and/or drop boxes, general rules ........................................
Containers and/or drop boxes, washing and sanitizing ........................
Credit due the customer.......................................................................
Damage to customer property..............................................................
Definitions
Delinquency dates................................................................................
Disposalfees......................................................................................
Drive-in service....................................................................................
Drop -box service, compacted, customer -owned ..................................
Drop -box service, non -compacted, company -owned ...........................
Excess weight, rejection of load, charges to transport .........................
Flat monthly charges............................................................................
Holidaysobserved................................................................................
Latecharges......................................................................................
Limitations of service...........................................................................
Litter receptacles..................................................................................
Loose and/or bulky material.................................................................
Material requiring special disposal.....................................................,
Material requiring special equipment ..................................................
Material requiring special precautions .................................................
Material requiring special testing/analysis...........................................
Continued on next page
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVEED NOV 1, 2004 WA. UT..& TRANS. COMM. ORIGINAL TG-041920
Tariff No. 19 Original Page No. 5
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Index by topic, continued
Missed pickups, weather or road conditions .............
Multi -family rates .....................................................
NSF checks.......................................
....................
Overhead obstructions ..............................................
Over -sized Units .......................................................
Overtime...........................................................
Over -weight units ......................................................
Refund of overcharges ..............................................
Refund of prepayments .............................................
Refunds
Refusal to make pickup .............................................
Residential recycling .................................................
Residential service ....................................................
Residential yardwaste...............................................
Re -delivery charges ...................................................
Returned check charges ............................................
Return trips...........................................................
Roll -out charges........................................................
Stairs or steps...........................................................
Sunken or elevated cans/units...................................
Symbols used in tariff ...............................................
Taxes...........................................................
Timerates...........................................................
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 19 2004 `WA. UT. & TRANS. COMM. ORIGINAL TC' 041920
Tariff No. 19 Original Page No. 6
Company Name/PermitNumbeI: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 5 — Application of Rates — Taxes
In addition to the rates shown in the remainder of the tariff, the following taxes apply:
Entity
imposing tax:
Ordinance
number:
Amount
of tax:
Application
(Commodities and territory)
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 15 2004 WA. UT. <& TRANS. COMM. ORIGINAL TG-0419.20
Tariff No.19 Original Page No. 7
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 10 — Application of Rates — General
Rates named in this tariff cover the collection, transportation, and disposal of solid waste. When specifically
referred to, rates also cover the collection and transportation of recyclable materials and/or yardwaste.
Title 81.77 of the Revised Code of Washington (RCW) and Chapter 480-70 of the Washington Administrative
Code (WAC) govern operations of solid waste collection companies and the tariffs companies must file with the
Washington Utilities and Transportation Commission (WUTC).
Unless exceptions are shown, all materials must be placed on the same level as the streets or alleys.
The company may charge additional amounts for disposal fees only when specifically stated in the tariff and
separately shown on customer bills.
Item 15 — Holiday Pickup — Regularly Scheduled Service
When a pickup is missed due to the company's observance of a holiday, the company will provide service, at no
additional cost to the customer, on an alternate day.
A list of the holidays the company observes is shown in Item 60.
For application of rates in this tariff, the company defines alternate day to mean the following:
Pick-up days are Monday through Friday including all holidays except Thanksgiving day, Christmas day,
and New Year's day. If the pick-up day falls on or after any of those three holidays, the alternate day will
be one day late that week, for the balance of the week through Saturday.
Item 16 — Change in Pickup Schedule
When a company changes the pick-up date for its certificate area, or a portion of its certificate area, the company
must notify all customers in the affected area of that change.
Notice must be made at least seven days before implementation of the new pickup schedule and maybe made
via mail, personal contact, or by a notice being affixed to the customer's solid waste receptacle.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12729-04
Effective Date: 01-01-05
RECEIVER NOV 19 2004 WA. UT..& TRANS. COMM. ORIGINAL, TG-041920
Tariff No. 19 Orieinal Page No. 8
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 17 —Refunds
Credit due the customer. When there has been a transaction that results in a credit due the customer, the
following apply:
(a) If the amount due is five dollars or less, an adjustment will be made to the customer's account. The
adjustment must be shown on the next regular bill.
(b) If the amount due is more than five dollars, the customer may accept an account adjustment or may
request a refund.
(a) If the customer elects to have an account adjustment made, the adjustment must show on the
next regular billing.
(b) If the customer elects to receive a refund, the company must issue a check within thirty days
of the request.
Overcharges. Once a company becomes aware that it has overcharged a customer, it must provide a refund or
an account adjustment credit to the customer. The customer must be given a choice as to which option is
preferred. The refund or credit must be the amount overcharged in the three years before the date of discovery.
(c) If the customer elects to have an account adjustment made, the adjustment must show on the
next regular billing.
(d) If the customer elects to receive a refund, the company must issue a check within thirty days
of the request.
Prepayments. If a customer has paid service fees in advance, service is discontinued during the pre -billed
period, and the customer is due a refund, the following apply:
(a) A company must honor all requests for refunds of the unused portion of prepayments.
(b) If the customer provides a forwarding address to the company or one can be obtained from the Post
Office, the company must issue a refund check no more than thirty days following the customer's
request.
(c) If the customer cannot be located or did not provide a forwarding address and the U.S. Post Office
cannot furnish a forwarding address, the amount may be presumed to be abandoned and is subject to
the Uniform Unclaimed Property Act after one year.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
li
RECEIVED NOV 19 2004 MTA. 'UT..& TRANS. -COMM. DMINAL TGw041920
Tariff No. 19 Original Page No. 9
Company Name/Permit Number: Waste Management of Washington, hic./G-237
Registered Trade Name: Brem-Air Disposal
Item 18 —Billing, Advance Billing and Payment Delinquency Dates
Billing period. A company may bill its customers for one, two, or three months of service.
Advance billing and payment delinquency dates. The following chart defines the maximum period allowed
for advance billing and the date when a bill may be considered delinquent:
Billing period
Maximum advance billing
Delinquency date
period allowed
One month's service
No advance billing
May not be less than
(monthly)
allowed
twenty-one days after
the date the bill is
mailed
Two months' service
One months' advanced
May not be until the last
billing allowed
1 day of the second month
Three months' service
Two months' advance
May not be until the last
billing allowed
I day of the third month
The billing period chosen by the company operating under this tariff for residential solid waste
accounts is: Three months' service.
Late charges. Customers with past due accounts after the delinquency dates specified in the chart above will be
charged a late fee of 1 % per month on outstanding balances. The minimum charge per month is $1.00.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 1, 2004 VVA. UT. & TRANS. COMM. ORIGINAL TG=041920
Tariff No. 19 Orifinal Page No. 10
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 20 — Definitions
NOTE: The definitions shown oil the first three pages of this itent are standard, in most cases prescribed by rule. Companies ntav nor
amend these definitions. Companies wishing to add definitions specific to their companv's operations must include those definitions
on a separate page, entitled, "Compam-specific definitions." A blank sheet is provided for that purpose.
Bale: Material compressed by machine and securely tarped or banded.
Bulky Materials: Empty carriers, cartons, boxes, crates, etc., or materials offered for disposal, all of which
may be readily handled without shoveling.
Charge: A set flat fee for performing a service. Or, the result of multiplying a rate for a unit times
the number of units transported.
Commercial
Billing: Service billed to a commercial customer or billed to, and paid for, by a property manager
or owner rather than a residential tenant.
Compacted
Material: Material that has been compressed by any mechanical device either before or after it is
placed in the receptacle handled by the company.
Compactor Disconnect/
Reconnect
Charge: A flat fee established by the solid waste collection company for the service of
disconnecting a compactor from a drop box or container before taking it to be dumped,
and then reconnecting the compactor when the drop box or container is returned to the
customer's site.
Gate charge:
A flat fee charged for opening, unlocking, or closing gates in order to pick up solid waste.
Loose material:
Material not set out in bags or containers, including materials that must be shoveled.
Multi -family
residence:
Any structure housing two or more dwelling units.
Packer:
A device or vehicle specially designed to pack loose materials.
Pass through fee:
A fee collected by a solid waste collection company on behalf of a third party when the
fee is billed directly to the customer without markup or markdown.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date. 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 19 2004 WA. UT..B TRANS. COMM. iORIGINAL TG-041920
Tariff No. 19 Original Page No. 11
Company Name/Permit Number: Waste Management of Washington, Inc./G237
Registered Trade Name: Brem-Air Disposal
Item 20 — Definitions, continued
Permanent service: Container and drop -box service provided at the customer's request for more than ninety
days.
Rate: A price per unit or per service. A rate is multiplied times the number of units transported
or the number of times a service is perforated to determine a charge.
Solid waste
receptacle: includes the following items, with the following meanings:
Automated cart means a cart designed to be picked up and emptied by mechanical
means. The specific type and size are to be defined in rate items.
Can means a receptacle made of durable, corrosion -resistant, nonabsorbent material that
is watertight, and has a close -fitting cover and two handles. A can holds more than
twenty gallons, but not more than thirty-two gallons. A can may not weigh more than 65
pounds when filled.
Cart means a wheeled plastic container. A cart may also be referred to as a toter. If
supplied by a customer, a cart must be compatible with the company's equipment. The
size and type of cart that is compatible will be established in each company's tariff.
Container means a detachable receptacle (normally designed to hold at least a cubic yard
of solid waste) from which materials are collected by mechanically lifting the receptacle
and emptying the contents into the company's vehicle.
Drop box means a detachable receptacle used to provide solid waste collection service by
the receptacle being placed on the company's vehicle by mechanical means and
transported to a disposal site.
Drum means a metal or plastic container of approximately fifty -gallon capacity, generally
used for oils or solvents. A drum may not weigh more than 50 when filled.
Litter receptacle means a container not over sixty -gallon capacity, generally placed in
shopping centers and along streets or highways for litter. A litter receptacle may not
weigh more than 65 pounds when filled.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 15 2004 VVA. ITS'. & TRANS. COMM. OWGINAL TG-041920
Tariff No. 19 Ori md al Page No. 12
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 20 — Definitions. continued
Micro -mini can means a can made of durable, corrosion -resistant, nonabsorbent material
that is watertight and has a close -fitting cover. A micro -mini can may not hold more than
ten gallons. A micro -mini can may not weigh more than 20pounds when filled.
Mini -can means a can made of durable, corrosion resistant, nonabsorbent material that is
watertight and has a close -fitting cover. A mini -can may not hold more than twenty
gallons. A mini -can may not weight more than 35 pounds when filled.
Recycling bin or container means a bin or container designed or designated for the
collection of recyclables. The size and type of recycling bin or container will be
established in each company's tariff.
Toter means a wheeled plastic container. A toter may also be referred to as a cart. If
supplied by customer, a toter must be compatible with the company's equipment. The
size and type of toter that is compatible will be established in each company's tariff.
Unit means a receptacle made of durable, corrosion -resistant, nonabsorbent material that
is watertight, and has a close -fitting cover and two handles. A unit holds more than
twenty gallons, but not more than thirty-two gallons or four cubic feet. A unit may not
weigh more than 65 pounds when filled. Where agreed on between the company and the
customer, and where allowable under local ordinance, a box, carton, cardboard barrel or
other suitable container may be substituted for a solid waste can, for a single pick-up that
includes removal of the container, if it meets the size and weight limits established in the
company's tariff.
Yardwaste bin or container means a bin or container specifically designed or
designated for the collection of yardwaste. Each company's tariff will refer to a specific
type of yardwaste bin or container to be used by customers in a service area. The type,
size, weight, etc., of this type of bin or container will often be set by local government
plans or ordinances.
Special pick-up: A pick-up requested by the customer at a time other than the regularly scheduled pick-up
time, that requires the special dispatch of a truck. If a special dispatch is required, the
company will assess time rates established in the company's tariff.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
\9
RECEIVER NOV 1, 2004 WA. UT..R TRANS. COMM- ORIGINAL TG-�041920
Tariff No. 19
— Original Page No. 13
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 20 —Definitions. continued
Supplement: A page added to the beginning of a tariff, normally to cover emergency, temporary, or
special situations. An example is a page issued to show a special surcharge imposed by a
city.
Temporary service: Temporary service means providing container or drop -box service at the customer's
request, for a period of ninety days or less.
Unlatching: Another term for a gate charge. A flat fee imposed by a solid waste collection company
when the company's personnel must unlatch a gate or door to perform pickup service.
Unlocking: A flat fee imposed by a solid waste collection company when the company's personnel
must unlock padlocks or other locking devices to perform pickup services.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 19 2004 ve'A. UT. & TRANS. COMM. ORIGINAL T'G-041920
Tariff No. 19 Original Page No. 14
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 30 - Limitations of Service
Refusal of service. A solid waste collection company may refuse to:
(a) Pick up materials from points where it is hazardous, unsafe, or dangerous to persons, property, or
equipment to operate vehicles due to the conditions of streets, alleys, or roads.
(b) Drive into private property when, in the company's judgment, driveways or roads are improperly
constructed or maintained, do not have adequate tum-arounds, or have other unsafe conditions.
(c) Enter private property to pick up material while an animal considered or feared to be vicious is loose.
The customer will be required to confine the animal on pickup days.
Schedules. A company's schedule will meet reasonable requirements and will comply with local service level
ordinances.
Missed pickups due to weather or road conditions. Pickup of materials may be missed due to weather or
road conditions. If the accumulated material (solid waste and/or recyclables, and/or yardwaste) is collected on
the next scheduled or available pickup date, the company is not obligated to extend credit for the missed pickup.
The customer will not be charged for overfilled receptacles, or for materials set out in bags on top of or next to
the customer's normal receptacles if the amount of extra material does not exceed the amount that would have
reasonably been expected to accumulate due to missed pickups.
Due care. Other than to offer reasonable care, the company assumes no responsibility for articles left on or near
solid waste receptacles.
Liability for damage. When a customer requests that a company provide service and damage occurs to the
customer's driveway due to reasons not in the control of the company, the company will assume no
responsibility for the damage.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 1,.2004'WA. UT..& TRANS. COMM.;ORIGINAL rrG-041920
Tariff No. 19 Oria-mal Page No. 15
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 40 — Material Requiring Special Equipment Precautions or Disposal
Transportation of solid waste requiring special equipment or precautions in handling or disposal wibl be subject
to time rates named in Item 160, or to other specific rates contained in this tariff.
Companies must make every effort to be aware of the commodities that require special handling at the disposal
sites named in the company's tariffs. The company shall maintain a list of those commodities and make it
available for public inspection at the company's office.
Item 45 — Material Requiring Special Testing and/or Analysis
When a solid waste collection company or disposal facility determines that testing and/or analysis of solid waste
is required to determine whether dangerous or prohibited substances are present, the actual cost for such testing
and/or analysis will be paid by the customer. The company must provide the customer with a copy of any bill or
invoice for costs incurred for testing and/or analysis and also must retain a copy in the company's file for at least
three years. Those costs shall be passed through to the customer without markup. The company must maintain
records of time spent to accomplish the special testing and/or analysis, and may bill the customer for that time
under the provisions of Item 160 (Time Rates).
Item 50 — Returned Check Charges
Returned check charge. If a customer pays with a check, and the customer's bank refuses to honor that check,
the customer will be assessed a returned check charge in the amount of $ 25.00.
Item 52 — Re -delivery Charges
A re -delivery fee of $12.90 will be assessed to cart customers whose service is discontinued for non-
payment or cart customers who request re -delivery or exchange of container sizes(C). Please see Item 100.
A pickup and re -delivery fee of $ 33.85 will be assessed to customers who request that their container (up to 8
yards) be washed, steam cleaned and sanitized. Please see Item 210.
A pickup and re -delivery fee of $ 74.20 will be assessed to customers who request that their drop box (over 8
yards) be washed, steam cleaned and sanitized. Please see Item 210.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 11 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NON' 1, 2004 NVA. 'UT..& TRANS. COMM. ORIGINAL TG-041920
Tariff No. 19 Original Page No. 16
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 55 — Over -sized or Over -weight Cans or Units
The company reserves the right to reject pickup of any residential receptacle (can, unit, bag, mini -can, or micro
mini -can) which, upon reasonable inspection exceeds the size and weight limits shown in Item 20.
(a) If the receptacle exceeds the size and/or limits stated in Item 20, is overfilled, or the top is unable to be
closed, but the company transports the materials, the following additional charges will apply:
$ 3.77(A) per unit
Note: For charges applying on overweight toters, carts, containers, or drop boxes see item 207.
Item 60 — Overtime Periods
Companies will assess additional charges when providing services, at customer request, during overtime
periods. Overtime periods include Saturdays, Sundays, and the following holidays:
New Year's Day
Washin--ton's Birthday
Memorial Day
Independence Day
Martin Luther King Day
Labor Day
Veteran's Day
Thanksgiving Dav
Christmas Day
Time is to be recorded to the nearest increment of 15 minutes from the time the company's vehicle leaves the
terminal until the time it returns to the terminal.
No additional charge will be assessed to customers for overtime or holiday work performed solely for the
company's convenience.
Charge per hour $ 49.35
Minimum Charge $ 25.20
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
-i
RECEIVED NOV 19 2004 WA. UT.,& TRANS. OOMM.ORIGINAL TG-041920
Tariff No. ,19 Original Page No. 19
CompanyName/Pemut Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 80 — Cam -out Service Drive -Ins
Companies will assess the following additional charges when customers request that company personnel
provide carry -out service of cans/units not placed at the curb, the alley, or other point where the company's
vehicle can be driven to within five feet of the cans/units using unproved access roads commonly available for
public use. Driveways are not considered improved access roads commonly available for public use.
Rate
Charge for Carry -outs
Residential
Commercial
Per Unit, Per Pickup
Per Unit, Per Pickup
Cans, units, mini -cans, or micro -mini cans
that must be carried out over 5 feet, but
not over 25 feet
$ 0.17
$ 0.20
For each additional 25 feet, or fraction of
25 feet, add
$ 0.17
NOTE: The company may elect to drive in at the rates shown above, except the charge will be
limited to one can, unit, mini -cans or micro -mini can. If cans, units, mini -cans, or micro -
mini cans are carved over 125 feet, but are safely accessible to the company's vehicle, the
drive-in charges shown below must be assessed instead.
Charge for Drive-ins(perpickup)
Rate
Residential
Per Pickup
Commercial
Per Pickup
Drive-ins on driveways of over 125 feet
$ 1.04
Drive-ins on driveways of over 250 feet,
but less than 1/10 mile.
For each 1/10 mile over 1/10 mile.
V5'/rt. A
Note: For the purpose of assessing drive-in fees, a driveway is defined as providing access to a
single residence. If a driveway provides access to multiple residences or accounts, no
drive-in fees will be assessed.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVER NOV 1, .2004 WA. UT. & TRANS. `COMM. ORIGINAL TG-041920
Tariff No. 19 Original Page No. 20
Company Name/Pemtit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 90 — Can Carriage — Special Services
Rate
Residential
Commercial
Per Unit, Per Pickup
Per Unit, Per Pickup
Stairs or steps — for each step up or down
$ 0.03
Overhead obstructions — for each
overhead obstruction less than 8 feet from
the ground
$ 0.10
Sunken or elevated cans/units — for cans,
units, mini -cans, or micro -mini cans fully
or partially under ground or over 4 feet
above ground, but not involving stairs or
steps
$ 0.21
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 192004 R . ITT. & TRANS.,.COMM. ORIGINAL TG-041920
Tariff No. 19 Original Page No. 21
CompanyName/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 100 — Residential Service -- Monthly Rates (continued on next age)
Rates in this item apply:
(1) To solid waste collection, curbside recycling (where noted) and yardwaste collection services (where noted)
for residential property. This includes single family dwellings, duplexes, apartments, mobile homes,
condominiums, etc., where service is billed directly to the occupant of each residential unit; and/or
(2) When required by a local government service level ordinance solid waste collection, curbside recycling, and
yardwaste service must be provided for single-family dwellings, duplexes, mobile homes, condominiums
and apartment buildings of less than 3 residential units, where service is billed to the property owner or
manager.
Rates below apply in the following service area: That portion of Kitsap County included in G-237 that
does not require recycling and yard waste services, pursuant to Kitsap County Ordinance No. 272-2002.
Number of Units or
Type of Container
Frequency of Service
Garbage Service
Rate
Recycle Service
Rate
Yardwaste Service Rate
Mini -Can
WG
$9.15(A)
n/a
n/a
1 Can
MG
$5.30(A)
n/a
n/a
1 32 gal. Cart
MG
$6.60(A)
n/a
nla
1 Can
EOWG
$7.90(A)
n/a
n/a
1 32 gallon cart
EOWG
$9.15(A)
n/a
n/a
1 Can
WG
$11.45(A)
n/a
n/a
1 32 gallon cart
WG
$!2(A
n/a
n/a
2 Cans
WG
$
n/a
n/a
3 Cans
WG
$
n/a
Na
4 ans
W G
n a
n a5
Cans
WG
$
n/a
n/a
1 64 gal. cart
WG$
n/a
n/a
1 96 gal. cart
WG
$
n/a
n/a
Frequency of Service Codes: WG=Weekly Garbage; EOWG=Every Other Week Garbage; MG=Monthly
Garbage; WR=Weekly Recycling; EOWR=Every Other Week Recycling;
MR=Monthly Recycling
List others used:
Notes for this item are continued on page 23.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
3 �
RECEIVED NOV 1, 2004"WA. UT. & TRANS. COMM. ORIGINAL TG-041920
Tariff No. 19 Oni�al Page No. 22
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 100 - Residential Service -- Monthly Rates (continued on next Daze
Rates in this item apply:
(1) To solid waste collection, curbside recycling (where noted) and yardwaste collection services (where noted)
for residential property. This includes single family dwellings, duplexes, apartments, mobile homes,
condominiums, etc., where service is billed directly to the occupant of each residential unit; and/or
(2) When required by a local government service level ordinance solid waste collection, curbside recycling, and
yardwaste service must be provided for single-family dwellings, duplexes, mobile homes, condominiums
and apartment buildings of less than 3 residential units, where service is billed to the property owner or
manager.
Rates below apply in the following service area: That portion of Kitsap County included in G-237 that
requires recycling and yard waste services, pursuant to Kitsap County Ordinance No. 272-2002.
Number of Units or
Type of Container
Frequency of
Service
Garbage Service
Rate
Recycle Service Rate
Yardwaste Service Rate
Mini -Can
MR
$9.15 A
$3.65
$6.75
1 Can
M/2R
$- A
$3.65
$6.75
1 32 gal. cart
M/2R
$6.60 A
$3.65
$6.75
1 Can
EOW/2R
$7.90 A
$3.65
$6.75
132 gal. cart
EOW/2R
$9.15 A
$3.65
$6.75
1 Can
MR
I 11.45 A
$3.65
$6.75
1 32 gal. cart
MR
$12.80 A
$3.65
$6.75
2 Cans
W12R
$16.10 A
$3.65
$6.75
3 Cans
W/2R
$20.75 A
$3.65
$6.75
4 Cans
MR
$25.40 A
$3.65
$6.75
5 Cans
MR
$30.05 A
$3.65
$6.75
164 gal. cart
MR
$16.10 A
$3.65
$6.75
.196 al. Cart
MR
$20.75 A
$3.65
1 $6.75
&A A- N a.t7
Frequency of Service Codes: W=Weekly Garbage; EOW=Every Other Week Garbage; M=Monthly Garbage; WR=Weekly
Recycling; EOW/2R=Every Other Week Recycling and every other week recycle/yard waste service;
M/2R=Monthly garbage and every other week recycle/yard waste service; W/2R=Weekly garbage
and every other week recycle/yard waste service
Description/rules related to the recycling program are shown on page 24.
Description/rules related to the yardwaste program are shown on page 24.
Recycling rates shown above are subject to a recycling <credit>/debit of <$1.48> per month.
Notes for this item are on page 23.
Recycling service rates on this page expire: September 30, 2005
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Dater 12-29-04
Effective Date: 01-01-05
j
RECEIVED NOV 1, 2004 WA. UT. ,& TRANS. -COMM.,ORIGINAL TG-0419.20
Tariff No. 19 Original Page No. 23
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 100 — Residential Service — Monthly Rates (continued from previous page)
Note 1: Customers will be charged for service requested even if fewer units are picked up on a particular trip.
No credit will be given for partially filled cans. No credit will be given if customer fails to set
receptacles out for collection.
Note 2: For service more frequently than weekly, multiply the above rates by the number of times per week
service is required.
Note 3: A re -delivery fee of $12.90 will be assessed to cart customers whose service is discontinued for non-
payment or cart customers who request re -delivery.
Note 4: For those customers who do not receive garbage services add $1_15 to the rates above for both
recycling and yard waste services.
Note 5: One pickup per month at 5$ 30(A) per can or unit will be charged on regular scheduled garbage
pickup only for residential customers on an "on call' basis. Use special pickup rates in Item 110 for
residential can service not otherwise covered in this item.
Note 6: The charge for an occasional extra residential bag, can, unit, toter, mini -can, or micro -mini canon a
regular pickup is: $3_ 05(A) each per pickup
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 1, 2004 VIA. UT. & TRANS. COMM. ORIGINAL TGr_o41.920
Tariff No. 19 Original Page No. 24
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 100 —Residential Service — Monthly Rates (continued)
Curbside recycling provisions shown on this page apply only in the following service area:
Program provided in accordance with Ordinance No. 272-2002 (territory described in Exhibit A) of Kitsap
County.
Following is a description of the recycling program (type of containers, frequency, etc.):
The curbside collection of recyclable materials is provided on an every other week basis to all customers in the
above service area. Each customer is provided with three 16-gallon plastic bins. The customer is requested to
place newspaper and mixed waste paper, and bottles and cans separately into each bin provided.
Special rules related to recycling programs:
Pick-up will be refused if bin contains trash, yard debris, or other non -acceptable contaminants. Customers may
obtain a current listing of acceptable recyclables and non -acceptable items upon request.
Curbside Yard Waste provisions shown on this page apply only in the following service area:
Program provided in accordance with Ordinance No. 272-2002 (territory described in Exhibit B) of Kitsap
County.
Following is a description of the Yard Waste program (type of containers, frequency, etc.):
Yard waste service is a sign-up program that is provided on an every other week basis year round. Customers
who sign up for this program will be provided with a 96-gallon cart.
Special rules related to Yard Waste program:
Yard waste cannot be in plastic bags. Pick-up will be refused if container contains any trash or other
contaminants. Customers may obtain a current listing of acceptable yard debris upon request.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NON' :1, 2004 WA. 'UT.:& TRANS. COMM. ORIGINAL TC-o-041920
Tariff No. 19 Orisinal Page No. 25
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 105 — Multi -family Rates ( company -owned earbage container) — per Pick up
Service Area: That portion of Kitsap County included in G-237 that requires multi -family recycling services,
Pursuant to Kitsap County Ordinance No. 272-2002.
Service T e
64 gallon Recycling Cart
Number of Receptacles
Various
Frequency of Service
EOW
Picku Charge per multi -family unit
it- --
Frequency of Service Codes: W=veeldy; EOW —Every other went; M = Monthly; Other
Description/rules related to the recycling program is shown on page 26.
Recycling rates shown above are subject to a recycling <credit>/debit of <$0.21> per month.
Recycling service rates on this page expire: September 30, 2005
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV I, 2004 WA. UT. 8-, TRANS. COMM. •ORDINAL, TC;-041220
Tariff No.19 O�ri i al Page No. 26
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 105 — Multi -family service (continued)
Curbside recycling provisions apply only in the following service area:
Program provided in accordance with Ordinance No. 272-2002 (territory described in Exhibit A) of Kitsap
County.
Following is a description of the recycling program (type of containers, frequency, etc.):
The collection of recyclable materials is provided on an every other week basis to all multi -family customers in
the service area. Multi -family recycling service fees and related commodity <credits>/debits will be assessed to
each complex based on the number of units in each complex. Each multi -family complex is provided with
strategically placed 64 gallon recycling carts of varying quantity. The customer is requested to place newspaper,
mixed waste paper, and bottles and cans separately into each designated cart provided.
Special rules related to recvcline program:
Pick-up will be refused if recycling containers contains trash, yard debris, or other non -acceptable contaminants.
Customers may obtain a current listing of acceptable recyclables and non -acceptable items upon request.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 15 2004 VA. 'UT. & TRANS. COMM. �RIGINziL TG041920
Tariff No.19 1 Original Page No. 27
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 120 — Drums
Type of Service
Rate Per Drum, Per Pickup
Regular Route Service I
S
Special Pickup 1
$
Item 130 — Litter Receptacles and Litter Toters
Rate Per
Receptacle,
Minimum
Company -owned Receptacle
Per Pickup
Per Month
Size or Type: 64 gal. cart
$ 3.77 A
$ 16.28(A)
Size or Type: 96 gal. cart
$ 4.80(A)
$ 20.86(A
Item 150 — Loose and Bulky Material
Special trios: Time rates in Item 160 apply.
Regular Route:
Additional cubic
Carry Charge
1 to 4 cubic yards
yards
Minimum Charge
Per each 5 feet over
Rate per Yard
Rate per Yazd
Per Pickup
8 feet
Bulky materials
$ 10.91(A)
$ 10.91(
$ 14.53(A)
(A)
$ 5.81 A )
Loose material
(customer load)
$ N/A
$ N/A
$ N/A
$ N/A
Loose material
(Company load)
$ 14.53(A)
$ 14.53(A)
$14.53(A)
$14.53 A)
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 11 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 1, 2004 �A. I1T..& TRANS. COMM. JRIGII�TAL i G-041920
Tariff No. 19 Original Page No. 28
Company Name/Pemnt Number: Waste Management of Washington, hic./G-237
Registered Trade Name: Brem-Air Disposal
Item 160 — Time Rates
When time rates apply. Time rates named in this Item apply:
(a) When material must be taken to a special site for disposal;
(b) When a company's equipment must wait at, or return to, a customer's site to provide scheduled service
due to no disability, fault, or negligence on the part of the company. Actual waiting time or time taken
in returning to the site will be charged for; or
(c) When a customer orders a single, special, or emergency pickup, or when other items in this tariff refer
to this Item.
How rates are recorded and charged. Time must be recorded and charged for to the nearest increment of 15
minutes. Time rates apply for the period from the time the company's vehicle leaves the company's terminal
until it returns to the terminal, excluding interruptions. An interruption is a situation causing stoppage of
service that is in the control of the company and not in the control of the customer. Examples include: coffee
breaks, lunch breaks, breakdown of equipment, and similar occurrences.
Disposal fees in addition to time rates.. Item 230 disposal fees for the specific disposal site or facility used
will apply in addition to time rates.
Rates per hour:
Rate Per Hour
Each Extra
Minimum
Type of equipment ordered
Truck and driver
Person
Charge
Single rear drive axle:
Non -packer truck. ................................................
$ 71.41
$ 32.48
$ 71.41
Packer truck ........................................................
$105.51
$ 32.48
$105.51
Drop -box truck ....................................................
$105.51
$ 32.48
$105.51
Tandem rear drive axle:
Non -packer truck .................................................
$
$
$
Packer truck ........................................................
$ 84.00
$ 32.48
$ 84.00
Drop -box truck ....................................................
$ 84.00
1$32.48
1 $ 84.00
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 1, 2004 ,�A. UT. R TRANS.,COMm. �RIGINAL TC-041920
Tariff No. 19 Orieinal Page No. 29
Company Name/Pemiit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 200 -- Containers and/or Drop Boxes — General Rules
Availability. A company must maintain a supply of all sizes of containers and drop boxes for which rates are
listed in this tariff. If a customer requests a container or drop box of a size listed in the company's tariff, and the
company is unable to provide the requested size within 7 days of the customer request, the customer must be
notified in writing or by telephone.
Alternate -sized containers and/or drop boxes. If the company cannot provide the requested -sized container
or drop box (and that size is listed in the company's tariff), the company must provide altemate-sized containers
or drop boxes, sufficient to meet the capacity originally requested by the customer, at the same rates as would
have applied for the requested container or drop box.
Disposal fees due on alternate -sized drop boxes. If the company provides alternate -sized drop boxes, the
customer is responsible for all lawfully applicable disposal fees resulting from the use of the alternate drop
boxes.
Rates on partially -filled containers and/or drop boxes. Full pickup and rental rates apply regardless of the
amount of waste material in the container or drop box at pickup time.
Rates for compacted materials. Rates for compacted material apply only when the material has been
compacted before its pickup by the company.
Rates for loose material. Loose material dumped into the company's packer truck is subject to the rates for
non -compacted material even though the material may be compacted later in the packer truck.
Permanent and temporary service. The following rules apply:
(a) If a customer requests a container or drop box for less than 90 days, the customer will be billed at
temporary service rates.
(b) If a temporary service customer notifies the company that it has decided to retain the container or
drop box for more than 90 days, permanent service rates will be assessed from the 91' day until
the end of the period the customer retains the container or drop box.
(c) If a customer requests a container or drop box for more than 90 days, the customer will be billed
under permanent rates. If that customer cancels service before the end of the 90-day period, the
company may not rebill the customer at temporary service rates. The intent of the customer at
the time service was requested applies.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 19 2004 . A. TT. ,& TRANS. COMM. MGINAL TG-041920
Tariff No. 19 Original Page No. 30
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Au Disposal
Item 205 — Roll -Out Charges — Containers automated carts and toters
Charges for containers. The company will assess roll -out charges where, due to circumstances outside the
control of the driver, the driver is required to move a container more than five feet, but less than 25 feet, in order
to reach the truck. The charge for this roll -out service is:
$ 7.90 per container, per pickup
$ 2.36 per automated cart or toter, per pickup
Item 207 — Excess Weight — Rejection of Load Charges to Transoort
The company reserves the right to reject pickup of any container, stationary packer, or drop box which, upon
reasonable inspection:
(a) Appears to be overloaded;
(b) Would cause applicable vehicle load limitations to be exceeded;
(c) Would cause the company to violate load limitations or safe vehicle operation; and/or
(d) Would negatively impact or otherwise damage road surface integrity.
For the purposes of this tariff, the following maximum weights apply:
Type/Size of
Container, Drop Box,
Toter, or Cart
Maximum Weight
Allowance
(in pounds)
Drop Boxes — All Sizes
26,000 lbs.
Type/Size of
Container, Drop Box,
Toter, or Cart
Maximum Weight
Allowance
(inpounds)
Overfilled or overweight, charges if transported. If the container, drop box, toter, or cart exceeds the limits
stated above, is filled beyond the marked fill line, or the top is unable to be closed, but the company transports
the materials, the following additional charges will apply:
Type/Size of
Charge
Container, Drop Box,
Toter, or Cart
$ per
$ per
Type/Size of
Charge
Container, Drop Box,
Toter, or Cart
$ per
$ per
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 1, 2004 "� A. UT..& TRANS. -COMM.,vRIGINAL TG-041920
Tariff No. 19 Original Page No. 31
Company Name/Pemtit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 210 — Washine and Sanitizing Containers and/or Drop Boxes
Upon customer request, the company will provide washing, steam cleaning and sanitizing service at the
following rates:
Size or Type of
Container or Drop Box
Rate
Minimum Charge
Washing - All Sizes
$ 3.15 per yard
$12.55
Steam Cleaning - All Sizes
$ 4.70 per yard
$15.65
Sanitizing - All Sizes
$1.20 per yard
Item 220 — Compactor Rental
Customers must pay the following additional charges for compactors furnished by the company. Charges
named are for compactors only and do not include drop box or container charges. See items 250 and 270 for
container charges.
Customers must pay the costs of installation.
Rated cubic yard
Capacity of char e box
Monthly rental charge:
1 cubic yard
$
2 cubic yards
$
3 cubic yards
$
4 cubic yards
$
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-5-04
Effective Date: 01-01-05
RECEIVED NOV 19.2004' WA. UT. & TRANS. COMM. ORIGINAL TG-041920
Tariff No.19 Original Page No. 32
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 230 — Disposal Fees
Charges in this item apply when other items in the tariff specifically refer to this item.
Disposal site (name or location)
Type of Material
Fees for disposal
Olympic View Transfer Station
MSW
$62.02(A) per ton
State whether fees are per yard, per ton, etc. Include charges assessed for special commodities (tires, appliances,
asbestos, etc.) or special conditions at each specific disposal site. Attach additional sheets as necessary.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 19 2004 •WA. UT. & TRANS. COMM. ORIGINAL TG-041920
Tariff No. 19 Orieinal Page No. 33
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 240 - Container Service - Dummied in Company's Vehicle
Non -Compacted Material (Company -owned container)
Rates stated per container, per pickup
Service Area: As described in
r--
Size or Type of Container
Service Type
1 Yazd
1.5 Yard
2 Yard
3 Yard
4 Yazd
6 Yazd
8 Yard
Monthly Rent, if
applicable
$3.67
$5.50
$7.33
$7.85
$8.85
$11.60
$14.60
131-te o
Pickup Charge
$9.12(A)
$13.66(A)
$17.13(A)
$23.95(A)
$30.37(A)
$40.97(A)
$50.66(A)
Special Pickup
Charge
$18.69(A)
$19.46(A)
$25.99(A)
$37.20(Ar$40.80(A)
$55.60(A)
$68.81(ATemporary
ServicInitial
Delivery
az e
$48.80
$48.80
$48.80
$48.80$48.80
$48.80
$48.80
Picku Char a
$18.69(A)
$19.46(A)
$25.99(A
$37.20(A)0.80(A)
$55.60(A)
$68.81(A
Rent Per Day
$0.65
$0.67
$0.70
$0.72
$0.82
$1.03
$1.25
Note 1: Permanent Service: Service is defined as no less than scheduled, every other week pickup, unless local
government requires more frequent service or unless putrescibles are involved. Customer will be
charged for service requested, even if fewer containers are serviced on a particular trip. No credit will
be given for partially filled containers.
Note 2: Permanent Service: If rent is shown, the rate for the first pickup and each additional pickup must be
the same. If rent is not shown, it is to be included in the rate for the first pickup.
Accessorial charges assessed (lids, tarping, unlocking, unlatching, etc.):
Note 3: A gate or obstruction charge of $5_20 will be assessed for opening, unlocking or closing gates, or
moving obstructions in order to pick up solid waste.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: I2-29-04
Effective Date: 01-01-05
RECEIVED NOV 11 2004 .v A. UT. •&& TRANS. COMM. RIGINAL G-041920
Tariff No. 19 Ori 'nal Page No. 34
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 245 — Container Service — Dumped in Company's Vehicle
Non -Compacted Material (Customer -owned container)
Includes Commercial Can Service
Rates stated per container, per pickup unless otherwise noted
Service Area: As described in Appendix A.
Permanent Service
32-gallon can or unit
Each Scheduled Pickup
Minimum Charge per month
Special Service
Pickup Rate
$10.55 A)
Note 1: Permanent Service: Service is defined as no less than scheduled, every other week pickup, unless local
government requires more frequent service or unless putrescibles are involved. Customer will be
charged for service requested, even if fewer containers are serviced on a particular trip. No credit will
be given for partially filled containers.
Accessorial charges assessed (lids, tarping, unlocking, unlatching, etc.):
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 19 2004 )A. UT..& TRANS. COMM. JRIGINAI, TG-041920
Tariff No. 19 Original Page No. 35
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 255 — Container Service — Dumped in Comnands Vehicle
Compacted Material (Customer -owned container)
Rates stated per container, per pick up
Service Area: As described in Appendix A.
Permanent Service
Size or Type of Container
2 Yard
4 Yard
5 Yard
6 Yard
Each Scheduled Picku
Special Pickups
Temporary Service
$ 50.55(A) $ 71.34(A)I $ 80.62(A) $ 89.90(A)
$ 76.24(A) $ 103.66(A) $ 116.91(A) $ 130.06(A)
Pickup Rate
$
$
$
$
Note 1: Permanent Service: Service is defined as no less than scheduled, every other week pickup, unless local
government requires more frequent service or unless putrescibles are involved. Customer will be
charged for service requested, even if fewer containers are serviced on a particular trip. No credit will
be given for partially filled containers.
Accessorial charges assessed (lids, tarping, unlocking, unlatching, etc.):
Note 2: A gate or obstruction charge of $5_20 will be assessed for opening, unlocking or closing gates, or
moving obstructions in order to pick up solid waste.
Note 3: A fee of $44.10 per pickup will be assessed when containers with attached compactors require
disconnecting or reconnecting.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 19 2004 . A. UT. & TRANSXOMM. JRIGINAL TG-041920
Tariff No. 19 Original Page No. 36
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 260 — Drop Box Service — To Disposal Site and Return
Non -Compacted Material (Company -owned drop box)
Rates stated per drop box, per pick up
Service Area: As described in Appendix A.
Permanent Service
Size or Type of Container
20 Yard
30 Yard
40 Yard
Monthly Rent, if
applicable
$ 70.15
$ 70.15
$ 70.15
First Pickup
$ 104.10
$ 104.10
$ 104.10
Each Additional Pickup
$ 104.10
$ 104.10
$ 104.10
Special Pickups
Temporary Service
Initial Delivery
$ 78.00
$ 78.00
$ 78.00
Pickup Rate
$ 104.10
$ 104.10
$ 104.10
Rent Per Calendar Da
$2.30
$ 2.30
$ 2.30
Rent Per Month
1
$
$
Note!: Rates in this item are subject to disposal fees named in Item 230.
Note 2: Rates named in this item apply for all hauls not exceeding 5 miles measured from the point of pickup
to the disposal site. Excess miles shall be charged for at $ 3.15 per mile or fraction of a mile. Mileage
charge is in addition to all regular charges.
Note 3: Permanent Service:
(a) Service is defined as no less than scheduled, once a month pickup, unless local government requires
more frequent service or unless putrescibles are involved.
(b) If a drop box is retained by a customer for a full month and no pickups are ordered, the monthly rent
shall be charged, but no charges will be assessed for pickups. Monthly rental charges will be
prorated when a drop box is retained for only a portion of a month.
(c) If rent is shown, the rate for the first pickup and each additional pickup must be the same. If rent is
not shown, it is to be included in the rate for the first pickup.
Accessorial charges assessed (lids, tarping, unlocking, unlatching, etc.):
Note 4: A gate or obstruction charge of $5_20 will be assessed for opening, unlocking or closing gates, or
moving obstructions in order to pick up solid waste.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RECEIVED NOV 19 2004 v�A. UT. & TRANS. COMM. RIGINAL TG-041920
Tariff No.19 Original Page No. 37
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
_Item 275 — DIOp Box Service — To Disposal Site and Return
Compacted Material (Customer -owned drop box)
Rates stated per drop box, per pick up
Service Area: As described in Appendix A.
Permanent Service
Size or Type of Container
10 Yard
16 Yard
20 Yard
25 Yard
30 Yazd
40 Yard
Each Scheduled Pickup
Special Pickups
$ 119.10
$119.10
$119.10
$119.10
$ 119.10
$ 119.10
$119.10
$ 119.10
$119.10
$119.10
$119.10
$ 119.10
Temporary Service
Picku Rate
$
$
$
$
$
$
Note l: Rates in this item are subject to disposal fees named in Item 230.
Note 2: Rates named in this item apply for all hauls not exceeding 5 miles measured from the point of pickup
to the disposal site. Excess miles shall be charged for at $ 3.15 per mile or fraction of a mile. Mileage
charge is in addition to all regular charges.
Note 3: Permanent Service is defined as no less than scheduled, once a month pickup, unless local
government requires more frequent service or unless putrescibles are involved.
Accessorial charges assessed (lids, tarping, unlocking, unlatching, etc.):
Note 4: A gate or obstruction charge of $5_20 will be assessed for opening, unlocking or closing gates, or
moving obstructions in order to pick up solid waste.
Note 5: A fee of $44.10 per pick up will be assessed when containers with attached compactors require
disconnecting or reconnecting.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 11 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: I2-5-04
Effective Date: 01-01-05
RECEIVED NOV 1, 2004 WA. -UT.:& TRANS. COMM. ORIGINAL TG-041920
Tariff No.19 Orisinal Page No. 38
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Item 300 —List of Abbreviations and Symbols Used in This Tariff
(A) Denotes increases.
(R) Denotes decreases.
(C) Denotes changes in wording, resulting in neither increases or decreases.
(N) Denotes new rates, services, or rules
*** Denotes that material previously shown has been deleted.
Yd. or yd. are abbreviations for yard
Cu. or cu. are abbreviations for cubic.
Issued by: Michael A. Weinstein, Senior Financial Analyst, NW Area
Issue date: November 1, 2004 Effective date: January 1, 2005
(For Official Use Only)
FOR OFFICIAL USE ONLY
Docket No. TG- Date: By: Docket: TG-041920
Agenda Date: 12-29-04
Effective Date: 01-01-05
RESOLUTION NO. 015-05
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE MAYOR TO SIGN A CONTRACT FOR SOLID
WASTE, RECYCLING, COLLECTION AND DISPOSAL WITH WASTE
MANAGEMENT OF WASHINGTON, INC. DBA BREM-AIR DISPOSAL
WHEREAS, the collection, removal, and disposal of solid waste is an important
and necessary service to maintain public health, safety, and sanitation within the City of Port
Orchard; and
WHEREAS, the City and Waste Management, Inc. dba Brem-Air Disposal have
negotiated the terms of a 5-year contract for collection and disposal services relating to
garbage, recyclable materials and yard debris; and
WHEREAS, the rates for said services shall be as set forth in Washington
Utilities and Transportation Commission Tariff No. 19, a copy of which is attached to the
contract; and
WHEREAS, the City Council has determined that said contract is in the best
interests of the City and its citizens; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: The Mayor is authorized to sign the "Contract for Solid
Waste, Recycling, Collection and Disposal" between the City of
Port Orchard and Waste Management, Inc. dba Brem-Air Disposal,
a copy of which is attached as Exhibit A.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 27th day of June 2005.
4, �. jW
KIM E. ABEL, MAYOR
ATTEST:
W , W,
!I.
-..
ORDINANCE NO. Q%3-a(30 of
Amending Chapter 9.48 Kitsap County Code, "Service Levels and Rate Structures for
Solid Waste and Recycling Collection".
BE IT ORDAINED:
Section 1. Kitsap County Code Section 9.48.040, adopted by Ordinance 272-2002, is
amended to read as follows:
9.48.040 Minimum levels of household recyclable materials and yard debris
curbside collection service.
The minimum levels of service and the Washington Utilities and Transportation
Commission (WUTC) regulation of the service provider, pursuant to RCW 70.95.160, shall
continue from the effective date of this ordinance as codified in section 9.48.130 of this
ordinance unless terminated by the county as specified in Section 9.48.110. The service
provider may choose to offer more than the minimum levels of service described in this
section with the consent of the division. The minimum level of household recyclable
materials and yard debris collection service in unincorporated Kitsap County shall include
the following:
(1) Single Family Dwelling Curbside Recycling Collection.
A) Single family dwellings receiving curbside garbage collection service shall receive and
be billed for curbside household recyclable materials collection service if they live within
the curbside recycling collection boundaries designated in Exhibit A.
Senior citizens and disabled persons who are approved by the Kitsap County assessor for
property tax exemption are eligible for exemption from participation in the curbside
recycling program. These citizens must apply to the division to qualify for this exemption.
The division shall notify the service provider of the names and addresses of the citizens
who qualify for this exemption. These citizens will not receive curbside recycling collection
service and will not be billed for the service.
(B) Single family dwellings not receiving curbside garbage collection service must contact
the service provider if they wish to receive and be billed for curbside recycling collection
service if they live within the curbside recycling collection boundaries designated in Exhibit
A.
(C) Materials collected. The following household recyclable materials shall be collected
from single family dwellings when properly set out as specified by the division after
consultation with the service provider:
(i) Newspaper including glossy advertisements and inserts that are delivered with the
newspaper;
W:\ADMIN\LEGAL\ORDINANCES\Curbside recycling\2002\Amending Ord
272-2002.doc
(ii) Clear, amber and green empty, clean glass containers;
(iii) Clean tin -coated steel cans;
(iv) Clean aluminum cans;
(v) Residential mixed paper including mail, magazines, catalogs and phone books,
computer paper, white and colored ledger, file folders, file cards, and chipboard;
(vi) Corrugated cardboard;
(vii) Clean plastic containers including all bottles, jugs, jars and round -topped food tubs
labeled with plastic resin codes # 1-5;
(viii) Other recyclable materials may be collected at the option of the division, provided
markets exist for the added materials;
(ix) The division may delete any material from the list of recyclable materials.
(D) Collection Schedule. The recyclable materials listed in subsection (1)(C) of this section
shall, be collected every other week. Recyclables materials will be collected on the same
day of the week as garbage collection.
(E) Collection Containers. The service provider shall provide recycling containers to each
single family dwelling as specified in subsections (1)(A) and (1)(B) of this section.
(i) A minimum of three stackable containers, each at least a sixteen -gallon capacity, shall
be provided to hold all recyclable materials accumulated between collections.
(ii) Single family dwellings that routinely generate more recyclable materials than can be
held in three stackable containers may request additional containers to hold these
materials.
(iii) The containers must be made of durable materials that will last a minimum of five
years under normal use. Plastic materials used in the construction of recycling containers
shall be durable, ultraviolet light stabilized and manufactured using recycled, post -
consumer materials. Collection containers shall contain a minimum of twenty percent post -
consumer materials.
(iv) The style and color of collection containers shall be determined by the division and
shall be standardized throughout the county.
(F) Educational Materials. Annually, the service provider will distribute a packet of
information prepared by the division to all household recyclable materials collection
service customers. The division will prepare this information in consultation with the
W:\ADMIN\LEGAL\ORDINANCES\Curbside recycling\2002\Amending Ord
272-2002.doc
service provider. At a minimum, this information packet will include a calendar of curbside
recycling collection dates, information regarding proper preparation of recyclable materials
for curbside collection, and customer service contact information. The contact information
will list the service provider's phone number as the first point of contact. In the case of
unresolved complaints, the contact information will direct the customer to the WUTC's
consumer affairs toll free phone number as the final point of contact.
(2) Multifamily Dwelling Recycling Collection..
(A) Household recyclable materials collection services shall be available to all multifamily
dwellings within the curbside recycling collection boundaries designated in Exhibit A.
(B) All multifamily dwelling garbage collection service accounts will receive and be billed
for household recyclable materials collection services.
(C) Materials Collected. All of the household recyclable materials listed in subsection
(1)(C) of this section shall be collected from multifamily dwellings when properly set out as
specified by the division after consultation with the service provider.
(D) Collection Schedule. The recyclable materials listed in subsection (1)(C) of this section
shall be collected as appropriate for the amount of material generated on a regular
schedule approved by the division.
(E) Collection Alternatives. The service provider and the division shall designate at least
one of the following options for multifamily dwellings:
(i) Curbside recycling service. A minimum of three stackable containers shall be provided
for each dwelling unit as specified in subsection (1)(E);
(ii) Cart Service. Carts shall be placed at each garbage collection location where space for
multiple containers and access for recycling trucks is available. A sufficient number of
carts shall be provided to allow collection of the recyclable materials.
(F) Educational Materials. Annually, the service provider will distribute a packet of
information prepared by the division to all multifamily dwelling recycling business contacts.
The division will prepare this information in consultation with the service provider. At a
minimum, this information packet will include a calendar of recycling collection dates,
information on how renters should properly prepare recyclable materials for collection, and
customer service contact information. The contact information will list the service
provider's phone number as the first point of contact. In the case of unresolved
complaints, the contact information will direct the customer to the WUTC's consumer
affairs toll free phone number as the final point of contact.
(3) Single Family Dwelling Curbside Yard Debris Collection.
W:\ADMIN\LEGAL\ORDINANCES\Curbside recycling\2002\Amending Ord
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(A) Curbside yard debris collection service shall be available to all single family dwellings
within the curbside yard debris collection boundaries designated in Exhibit B, regardless of
whether or not they subscribe to garbage collection service.
(B) Single family dwellings will receive and be billed for curbside yard debris collection
only if they request this service.
(C) Collection Schedule. Yard debris will be collected every other week on the same day
as garbage collection service, unless the service provider can demonstrate to the County
that an alternate collection schedule will provide a lower monthly charge for the customer.
(D) Collection Containers. The service provider will provide the number of carts requested
by the residential customer. The style and color of the carts will be determined by the
division and shall be standardized throughout the service providers territory.
(E) Educational Materials. Annually, the service provider will distribute a packet of
information prepared by the division to all curbside yard debris collection service
customers. The division will prepare this information in consultation with the service
provider. At a minimum, this information packet will include a calendar of curbside yard
debris collection dates, information regarding proper preparation of yard debris for
curbside collection, and customer service contact information. The contact information will
list the service providers phone number as the first point of contact. In the case of
unresolved complaints, the contact information will direct the customer to the WUTC's
consumer affairs toll free phone number as the final point of contact.
(4) Additional Minimum Level of Service Provisions.
The following provisions shall apply to the collection services described in this section
and, where appropriate, be included in the tariff filing with the WUTC:
(A) On the dates specified for regular curbside collection of household recyclable material,
the service provider shall pick up, in addition to the materials placed in three recycling
containers, up to one cubic yard of recyclable material put out by the single family
dwelling, provided the material has been properly prepared and is placed in a suitable
container marked "recycle". There will be no additional charge for this extra material.
(B) The service provider shall inform the division and their customers of the holidays that it
will observe and the alternate schedule that will be used when a holiday falls on a regular
collection day.
(C) The service provider shall inform the division and their customers of the process
described in the tariff filed with the WUTC for responding to missed collections as a result
of inclement or adverse weather conditions.
(D) The service provider shall retain ownership of all containers distributed to program
participants.
W:\ADMIN\LEGAL\ORDINANCES\Curbside recycling\2002\Amending Ord
272-2002.doc
(E) The service provider shall use intermediate processing facilities for all recyclable
materials and yard debris that have obtained all applicable local, state and federal permits,
and which are in compliance with these permits.
(F) The service provider shall not dispose of recyclable materials or yard debris by landfill
or incineration without the written consent of the division. The division shall not withhold
consent unreasonably in the case of contaminated loads which are unmarketable. The
division shall respond to the service provider's request within one business day. When
such consent is granted, the service provider shall report the type of recyclable material,
the nature of contamination, the weight and volume of material disposed, and date and
method of disposal to the division within two business days.
(G) The division and the service provider will discuss the economic viability of any
proposed changes to the list of recyclable materials to be collected, or to the service area
boundaries in Exhibits A or B. Changes in service area boundaries shall be subject to
approval of the County.
(H) The service provider shall adopt collection procedures and technologies which
maximize collection efficiencies and the market value of recyclable materials and yard
debris.
(1) The service provider shall actively promote all recyclable material, yard debris and
garbage collection service alternatives to each county customer requesting service. The
service alternatives discussed with the customer will include, at a minimum, minican,
every other week, monthly, and on -call garbage collection services; curbside recyclable
materials collection service; and curbside yard debris collection service.
(J) New Customer Education Materials. The appropriate educational materials described
in subsections 1 F, 2F and 3E of this section will be distributed to all new customers.
Section 2. Effective date. This amendment shall take effect November 4, 2002.
Section 3. Severability. If any provision of this ordinance, or its application to any person,
entity or circumstance is for any reason held invalid, the remainder of the ordinance, or the
application of the provision to other persons, entities or circumstances is not affected.
DATED this 44 4 day of &0 V . .4 0 0 J.
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, Washington
W:\ADMIN\LEGAL\ORDINANCES\Curbside recycling\2002\Amending Ord
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w (`
TIM BOTKIN, Chair
JAN AN L Commissioner
L-
gHRI
S ENDR SEN, Commissioner
Shelley E. Knei
Deputy Prosecuting Attorney
W:\ADMIN\LEGAL\ORDINANCES\Curbside recycling\2002\Amending Ord
272-2002.doc
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 • FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Public Hearing 6D
Subject: Development Agreement between
South Kitsap Fire and Rescue and
the City of Port Orchard
Meeting Date: February 9, 2010
Prepared by: Mark R. Dorsey, P.E.
Public Works Director
Atty Routing No:
Atty Review Date:
NA
NA
Summarv: During the McCormick Woods annexation a property that is owned by South Kitsap
Fire and Rescue (SKFR) with an adjoining property the City acquired for the purposes of a park
came into City Limits. With the changing regulations for stormwater, SKFR requested to be
vested to the City's 1999 Stormwater Design Manual. Under Chapter 36.7oB.17o RCW, it
authorizes the execution of a development agreement between a local government and an entity
having ownership or control of real property within its jurisdiction. The development agreement
must set forth the development standards and other provisions that shall apply to, govern, and
vest the development, use, and mitigation of the development of the real property for the
duration specified in the agreement and the development agreement must be consistent with the
applicable development regulations adopted by a local government planning under Chapter
36.7oA RCW. SKFR is the owner of a 3 acre parcel of real property on Old Clifton Road where at
some future date it intends to construct a public safety building, the property is legally described
in Exhibit A and depicted in Exhibit B. The City and SKFR desire to memorialize their
agreement regarding the development standards and construction standards that will apply to
SKFR's future project.
Recommendation: Staff recommends the City Council open a public hearing for public comment
regarding a Development Agreement between the City of Port Orchard and South Kitsap Fire
and Rescue.
Fiscal Impact: None.
Alternatives: None.
Attachments: None.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7B Meeting Date: February 9, 2010
Subject: Adoption of Ordinance No. oo1-1o, Prepared by: James R. Weaver,
Authorizing a School Impact Fee Development Director
and Amending Port Orchard Municipal Atty Routing No: 014-10
Code Chapter 16.7o "Impact Fees — Atty Review Date: February 9, 2010
General Provision"
Summary: McCormick Woods annexation became effective on July 8, 2009. Prior to
annexation, the area was providing the South Kitsap School District with school impact fees for
each new residential building permit. The collection of school impact fees are currently in
effect throughout Kitsap County.
On December 22, 2009 the City Council adopted Ordinance No. 034-09 which adopted, by
reference the South Kitsap School District's Capital Facilities Plan as part of the City of Port
Orchard's Comprehensive Plan. The School District's Capital Facilities Plan contains the data
and formula for calculating the financial impact of each new residential unit upon the South
Kitsap School District. By instituting a school impact fee for each new residential building
permit in the City of Port Orchard, it may be determined that it is sound public policy to adopt
a school impact fee in order to help mitigate the financial impact to the South Kitsap School
District that is caused by new residential development; and would provide a consistent process
for school Capital Facilities financial planning throughout South Kitsap jurisdictions.
Ordinance oo1-10 proposes to adopt a School Impact Fee and proposes amendments to the
Port Orchard Municipal Code Chapter 16.7o regarding collection of School Impact Fees.
Recommendation: Approve Ordinance oo1-10 to amend the Port Orchard Municipal Code Title
16.70: Impact Fees
Motion for consideration:: I move to adopt Ordinance No. oo1-1o, authorizing a school impact
fee and amending Port Orchard Municipal Code Chapter 16.70 "Impact Fees — General
Provisions."
Fiscal Impact: None
Alternatives: Do not Adopt Ordinance oo1-10
Attachments: Ordinance No. oo1-10
Introduced by:
Drafted by:
Reviewed by:
Introduced:
Adopted:
ORDINANCE NO. oo1-io
Development Director
Development Director
Development Director
February 9, 2010
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING A SCHOOL IMPACT FEE
AND AMENDING PORT ORCHARD MUNICIPAL CODE
CHAPTER 16- 70 "IMPACT FEES — GENERAL PROVISIONS"
WHEREAS, on December 22, 2009 the City Council adopted Ordinance No. 034-09 which
adopted by reference the South Kitsap School District's Capital Facilities Plan as part of the City of
Port Orchard's Comprehensive Plan; and
WHEREAS, the Capital Facilities Plan contains the data and formula for calculating the
financial impact of each new residential unit upon the South Kitsap School District; and
WHEREAS, the City Council has determined that it is sound public policy to adopt a school
impact fee in order to help mitigate the financial impact to the South Kitsap School District that is
caused by new residential development; and
WHEREAS, on February 9, 2010 the City Council held a duly noticed public hearing on the
adoption of a school impact fee; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. The title of Port Orchard Municipal Code Chapter 16.70 is hereby amended to
read as follows:
Chapter 16- 70
Impact Fees
SECTION 2. Port Orchard Municipal Code Chapter 16.70 is hereby amended by adding a
new section to read as follows:
16-70.i6o School impact fee - imposed
There is hereby imposed a school impact fee in the amount of
$1,114.88 for each single-family residential unit and $643.20 for each
multifamily residential unit. The timing for payment of the school
impact fees shall be in accordance with the provisions of POMC
16.70.o6o.
Ordinance No. oo1-10
2 of
SECTION -t. Port Orchard Municipal Code Chapter 16.70 is hereby amended by adding a
new section to read as follows:
16-70.i6o School impact fee — payment required prior to
permit issuance.
School impact fees shall be paid directly to South Kitsap School
District. Proof of payment directly to the school district shall be
provided to the city prior to issuance of the permit/approvals set forth
in POMC 16.70.o6o.
SECTION % If any section, sentence, clause or phrase of this ordinance should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION a. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 9th day of February 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Gregory A. Jacoby, City Attorney Fred Chang, Councilmember
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 • FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item
Subject: Adoption of Ordinance No. 002-10,
_Repealing POMC 5.76 entitled
"Garbage Collection Franchise"
Meeting Date:
Prepared by:
Atty Routing No:
Atty Review Date:
February 9, 2010
Patti Kirkpatrick, CMC
City Clerk
NA
NA
Summarv: Ordinance No. 839, now codified in POMC 5.76, was adopted in 1969 and granted Port
Orchard Garbage Service a temporary franchise for certain annexed areas. It has come to staffs
attention that when the City Council approved the contract with Brem-Air, now known as Waste
Management, Port Orchard Municipal Code Chapter 5.76 was not repealed. Ordinance No. 839 is
out of date and the current terms of the garbage collection franchise are described in the contract
with Brem-Air.
Recommendation: Staff recommends that POMC Chapter 5.76 be repealed in its entirety.
Motion for consideration: I move to adopt Ordinance No. 002-1o, Repealing Port Orchard
Municipal Code Chapter 5.76 in its entirety.
Fiscal Impact: None.
Attachments: Ordinance No. 002-10
Introduced by:
City Cleric
Drafted by:
City Clerk
Reviewed by:
City Clerk
Introduced:
February 9, 2010
Adopted:
ORDINANCE NO. 002-10
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, REPEALING CHAPTER 5.76 OF THE PORT
ORCHARD MUNICIPAL CODE ENTITLED "GARBAGE
COLLECTION FRANCHISE"
WHEREAS, on or about June 9, 1969, the City of Port Orchard granted a temporary
franchise to Port Orchard Garbage Service to collect garbage and refuse within the City, as set forth
in Ordinance No. 839 and codified in Port Orchard Municipal Code Chapter 5.76; and
WHEREAS, Waste Management, formerly known as Brem-Air has operated the garbage
collection services within the City limits since 1995; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. Repealer. Chapter 5.76 of the Port Orchard Municipal entitled "Garbage
Collection Franchise," is hereby repealed in its entirety.
SECTION 2. If any section, sentence, clause, or phrase of this ordinance should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this
ordinance.
SECTION i. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 9th day of February 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Gregory A. Jacoby, City Attorney
John Clauson, Councilmember
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7D
Subject: Adoption of Resolution No. oo9-1o,
Excluding the Sidney Gallery and
Museum Parcel from Consideration
Meeting Date: February 9, 2010
Prepared by: James R. Weaver,
Development Director
Atty Routing No: o14-10
as a Preferred Site for a Downtown Atty Review Date: February 9, 2o10
Parking Garage
Summary: The City Council considered a feasibility study to evaluate traffic and parking issues
within the Downtown Overlay District (DOD), public comment, and its own deliberations
regarding a downtown parking structure and approved Resolution 048-o8 on October 14th, 2oo8
designating a preferred site for a Downtown Parking Garage, also known as Port Orchard Town
Center Revitalization Project. The City has conducted geotechnical testing for a potential project
on the site and has conducted conceptual planning studies and feasibility analysis for any
potential future project on the site.
Jud Turner, President of the Sidney Gallery and Museum board, requested for City Council to
formerly exempt the Sidney Gallery and Museum parcel from consideration for the Parking
Garage and Town Center Revitalization Project. On January 19th, 2010 the City Council discussed
the issue at a regular work study meeting and directed staff to prepare a resolution to summarize
the direction provided at that meeting. A draft resolution was prepared summarizing the
Council's direction and was forwarded to the Sidney Gallery and Museum Board president on
January 26, 2010. The SMAA Board on Friday, January 29, 2010, provided clerical comments to
the Resolution and indicated there was little comment nor opposition to the proposed resolution.
The attached resolution is for consideration by City Council regarding the exclusion of the Sidney
Gallery and Museum parcel from the City Parking Garage also known as the Town Center
Revitalization Project.
Motion for consideration: I move to adopt Resolution No. oo9-io, excluding the Sidney Gallery
and Museum parcel from the Port Orchard Town Center Revitalization Project.
Fiscal Impact: None.
Alternatives: Do not approve Resolution oo9-1o.
Attachments: Resolution No. oo9-lo
Introduced by:
Drafted by:
Reviewed by:
Introduced:
Adopted:
RESOLUTION NO. oo9-io
Development Director
Development Director
Development Director
February 9, 2010
A RESOLUTION OF THE CITY OF PORT
ORCHARD, WASHINGTON, EXCLUDING THE
SIDNEY GALLERY AND MUSEUM, PARCEL
NUMBER 4650-015-013-o2o6, FROM
CONSIDERATION AS A PREFERRED SITE
FOR A DOWNTOWN PARKING GARAGE
WHEREAS, in 2007 the City commissioned the preparation of a feasibility
study to evaluate traffic and parking issues within the Downtown Overlay District
(DOD); and
WHEREAS, the City Council considered the public comment and its own
deliberations regarding a downtown parking structure and approved Resolution 048-o8
designating a Preferred Site for a Downtown Parking Garage.
WHEREAS, in consideration of the requests from the Sidney Gallery and
Museum Board and the expressed public opinion regarding the civic value of the Sidney
Gallery and Museum located at 202 Sidney Avenue and identified as Assessor Parcel
Number 4650-015-013-02o6; and
WHEREAS, the City Council supports the Board efforts to pursue potential
future designation of a historical status for the Sidney Gallery and Museum located at
202 Sidney Avenue; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: the City Council has identified that the site selection
for a downtown parking garage shall specifically exclude the
Sidney Gallery and Museum, located at 202 Sidney Avenue
and identified as Assessor Parcel Number 4650-015-013-
02o6.
FURTHER THAT: This resolution is an expression of the
sentiment of the City Council at this point at time and shall
Resolution No. oog-io
2 Of
not be identified as an instrument that may bind the future
decisions of this or a future City Council.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 9th day of February 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7E Meeting Date:
Subject: Adoption of Resolution No. o10-1o, Prepared by:
Authorizing the Mayor to Execute a
Development Agreement with South Atty Routing No:
Kitsap Fire and Rescue Atty Review Date:
February 9, 2010
Mark R. Dorsey, P.E.
Public Works Director
NA
NA
Summarv: During the McCormick Woods annexation a property that is owned by South Kitsap
Fire and Rescue (SKFR) with an adjoining property the City acquired for the purposes of a park
came into City Limits. With the changing regulations for stormwater, SKFR requested to be
vested to the City's 1999 Stormwater Design Manual. Under Chapter 36.7oB.17o RCW, it
authorizes the execution of a development agreement between a local government and an entity
having ownership or control of real property within its jurisdiction. The development agreement
must set forth the development standards and other provisions that shall apply to, govern, and
vest the development, use, and mitigation of the development of the real property for the
duration specified in the agreement and the development agreement must be consistent with the
applicable development regulations adopted by a local government planning under Chapter
36.7oA RCW. SKFR is the owner of a 3 acre parcel of real property on Old Clifton Road where at
some future date it intends to construct a public safety building, the property is legally described
in Exhibit A and depicted in Exhibit B. The City and SKFR desire to memorialize their agreement
regarding the development standards and construction standards that will apply to SKFR's
future project.
Recommendation: Staff recommends Council authorize the Mayor to sign Resolution No. o10-
1o, which authorizes the Mayor to enter into a development agreement between the City of Port
Orchard and South Kitsap Fire and Rescue.
Motion for consideration: I move adopt Resolution No. olo-lo, authorizing the Mayor to
execute Development Agreement No. CO27-10, with South Kitsap Fire and Rescue commencing
February 9, 2olo and expiring February 8, 2017.
Fiscal Impact: None.
Alternatives: Council has the option to reject this proposal; however that is not staffs
recommendation.
Attachments: Development Agreement between City of Port Orchard and South Kitsap Fire and
Rescue
Resolution No. oio-io
Introduced by:
Drafted by:
Reviewed by:
Introduced:
Public Hearing:
Adopted:
RESOLUTIONNO. oio-io
Public Works Director
Public Works Director
Public Works Director
February 9, 2010
February 9, 2010
A RESOLUTION OF THE CITY OF PORT
ORCHARD, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE A DEVELOPMENT
AGREEMENT WITH SOUTH KITSAP FIRE AND
RESCUE
WHEREAS, South Kitsap Fire and Rescue (SKFR) is the owner of the property
described in Exhibit A ("SKFR's property") to the Development Agreement attached hereto as
Attachment t; and
WHEREAS, this Development Agreement is authorized by RCW 36.7oB.17o et seq. and
is intended to set forth the development standards relating to stormwater that will apply to
SKFR's property, the period of time within which these standards will apply, and other matters
relating to the future development of SKFR's property; and
WHEREAS, on February 9, 2010 the City Council held a public hearing on the
proposed Development Agreement; and
WHEREAS, the City Council finds it is in the best interests of the City and its citizens to
approve the Development Agreement; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: The City Council hereby agrees to enter into and abide by
the Development Agreement No. CO27-10, (attached hereto as
Exhibit A and incorporated herein by reference) which constitutes
a contract between the City of Port Orchard and the South Kitsap
Fire and Rescue commencing February 9, 2olo and expiring
February 8, 2017, and the Mayor hereby authorized to execute
such documents as are necessary pursuant to this resolution.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 9th day of February 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
DEVELOPMENT AGREEMENT BETWEEN
CITY OF PORT ORCHARD
AND
SOUTH KITSAP FIRE & RESCUE
(Contract No. CO27-10)
THIS DEVELOPMENT AGREEMENT, for reference purposes is dated February
9, 2010 and is entered into by and between the City of Port Orchard, a municipal
corporation (the "City") and South Kitsap Fire & Rescue (SKFR).
RECITALS
WHEREAS, RCW 36.70B.170 authorizes the execution of a development
agreement between a local government and an entity having ownership or control of
real property within its jurisdiction; and
WHEREAS, a development agreement must set forth the development standards
and other provisions that shall apply to, govern, and vest the development, use, and
mitigation of the development of the real property for the duration specified in the
agreement; and
WHEREAS, a development agreement must be consistent with the applicable
development regulations adopted by a local government planning under Chapter
36.70A RCW; and
WHEREAS, SKFR is the owner of a 1.5 acre parcel of real property on Old
Clifton Road (Assessor's Parcel Number 052301-4-019-2004) where at some future
date it intends to construct a public safety building, which property is legally described in
Exhibit A and depicted in Exhibit B; and
WHEREAS, the City and SKFR desire to memorialize their agreement regarding
the development standards and construction standards that will apply to SKFR's future
project.
Now, therefore, the parties agree as follows:
AGREEMENT
1. Definitions. When used in this document, unless the context clearly indicates
otherwise, the following words, when capitalized, shall be defined as set forth in
this paragraph.
1.1. "Adopting Resolution" means the resolution that approves this Agreement after
a public hearing, as required by RCW 36.7013.200.
1.2. "Agreement" means this document, entitled Development Agreement.
Development Agreement
Contract No. CO27-10
Pagel of 9
1.3. "Agreement Date" means the date set forth above
1.4. "City" means the City of Port Orchard.
1.5. "City Property" means the real property located within the City of Port Orchard
consisting of a 65 acre park and recreation area commonly referred to as
McCormick Village Park, which property abuts the SKFR Property, and any
future improvements thereon.
1.6. "Construction Standards" means the City adopted regulations governing
construction standards and specifications, such as but no limited to, the
International Building Code, Uniform Plumbing Code, International Fire Code,
and such other codes adopted by the City, with or without amendment.
1.7. "Development Standards" means the development requirements relating to
stormwater management standards and specifications described in this
Agreement, including but not limited to the 1999 Manual, and all of the permit
fees and regulations duly adopted by the City, either as part of the Port
Orchard Municipal Code, or adopted therein by reference, and any other
administrative regulations duly adopted by the City, that relate to the use,
alteration or development of stormwater facilities within the City. Development
Standards does not include Construction Standards, taxes, or impact fees.
1.8. "SKFR" or "Owner" means the South Kitsap Fire & Rescue
1.9. "SKFR Property" means the real property located within the City of Port
Orchard consisting of a 1.5 acre parcel on Old Clifton Road (Assessor's Parcel
Number 052301-4-019-2004) where SKFR intends to construct a public safety
building and related improvements. See Exhibit A.
1.10. "Stormwater Facility" means those components of a manmade drainage
feature as defined in Port Orchard Municipal Code section 15.32.020(59).
1.11. "Vested Development Standards" means the Development Standards in effect
on the Agreement Date.
1.12. " 1999 Manual" means the City of Port Orchard's 1999 Stormwater Design
Manual. This manual was adopted by the City of Port Orchard effective
September 1999 to govern the design and construction of stormwater
management systems within the City, and applied to all applications for
development within the City up to the date of adoption by the City of the 2005
DOE Manual on or about February 15, 2010.
1.13. "2005 DOE Manual" means the 2005 Washington State Department of Ecology
Stormwater Management Manual for Western Washington. This manual was
Development Agreement
Contract No. CO27-10
Page 2 of 9
adopted by the City of Port Orchard to govern the design and construction of
stormwater management systems within the City, and except as otherwise
provided in this Agreement, applies to all applications for development within
the City filed after its adoption on or about February 15, 2010.
2. Development Standards.
2.1. The stormwater facilities constructed by SKFR shall be developed in
accordance with the Vested Development Standards in effect on the
Agreement Date, except as modified by agreement or by the City Council
accordance with paragraph 2.4, below.
2.2. The Vested Development Standards shall apply to all of the developed SKFR
Property, regardless of the underlying zoning, unless a contrary intent is clearly
expressed elsewhere in this Agreement.
2.3. The Construction Standards in effect at the time a complete building permit
application is submitted shall be the standards applicable to the construction
contemplated in that particular application.
2.4. The provisions of this Agreement, notwithstanding, the City Council reserves its
authority to impose new or different regulations to the extent required by a
serious threat human health, safety, or the environment, as authorized by RCW
36.70B.170.
3. Vesting.
3.1. SKFR shall have the right to develop and use the SKFR Property in
accordance with the Vested Development Standards, except as otherwise
provided in this Agreement or by state or federally mandated laws preempting
the City's authority to vest regulations. The SKFR Property shall remain subject
to all other project approvals required by law or City policy to construct the
improvements on the Property, including but not limited to clearing and grading
permits and building permits; provided, however, that such subsequent project
approvals shall be made pursuant to the Vested Development Standards.
3.2. The following regulations shall not be considered Vested Development
Standards, and thus any development shall comply with these standards that
are in effect at the time a complete building permit application is submitted:
3.2.1. Any parking requirements set forth in any of the following: the Americans
with Disabilities Act (ADA), the International Building Code, or
administrative regulations adopted pursuant to either.
3.2.2. Building Construction Standards.
Development Agreement
Contract No. CO27-10
Page 3 of 9
3.2.3. New or different officially adopted regulations of general applicability, even
if in conflict with the Vested Development Standards, but only to the extent
required by a serious threat to public health and safety, as determined by
the City Council, and only after notice and a meaningful opportunity to be
heard has been provided to Owner.
3.2.4. Regulations that the City and Owner mutually agree, by written consent,
can be applied to the Property.
3.2.5. Non — land use regulations including but no limited to taxes and impact
fees.
3.2.6. Any standard, requirement, or regulation relating to the use, alteration, or
development of real property that is not otherwise defined as a
Development Standard in paragraph 1.7, above.
3.3. The Vested Development Standards shall apply to all uses and development
activity on the Property for seven (7) years from the Agreement Date, subject
to the provisions set forth in this Agreement. At the end of said seven (7) year
period, the future use and development activity on the Property shall be subject
to the regulations duly adopted by the City, either as part of the Port Orchard
Municipal Code, or adopted therein by reference, and any administrative
regulations duly adopted by the City, that relate to the use, alteration or
development of real property within the City, without regard to the Agreement's
terms and conditions. Provided, however, if a complete building permit
application is submitted prior to the end of said seven (7) year period, SKFR
shall be allowed to construct and use the improvement covered by said permit
application so long as the permit issued on said application remains in full force
and effect and construction is substantially completed within 18 months of the
date the City notifies SKFR that the permit is ready to be issued.
4. SKFR Stormwater Facility. SKFR shall design and construct stormwater facilities
of sufficient size to serve the SKFR Property and any joint parking facility
constructed pursuant to paragraph 5, below, in accordance with the requirements
of the 1999 Manual.
5. Future Use of the SKFR Property.
5.1. In the event SKFR decides to build a public safety building on the SKFR
Property:
5.1.1. SKFR agrees to give the City one hundred twenty (120) days to determine
whether said building would also be a desirable location for a police sub-
station and, if the City so determines, agrees to design and build a joint
use public safety building upon such terms and conditions as the parties
may agree; and
Development Agreement
Contract No. CO27-10
Page 4 of 9
5.1.2. SKFR agrees to build a joint parking facility, upon such terms and
conditions as the parties agree, to benefit the SKFR Property and the City
Property, and to execute such documents as are necessary to address
joint use, maintenance, and liabilities associated with the joint parking
facility.
5.2. In the event SKFR decides to sell the SKFR Property, SKFR shall give the City
a first right of refusal to purchase the property upon such terms and conditions
are the parties may agree. This provision shall survive termination the
Agreement.
6. Default; Notice; Rights on Default.
6.1. No party shall be in default under this Agreement unless it has failed to perform
following written notice of default from the other party. Notice of default shall
allow the defaulting party a thirty (30) day period of cure or commencement of
cure where thirty (30) days is insufficient for a complete cure. Each notice of
default shall specify the nature of the alleged fault and manner in which the
default may be cured satisfactorily. A party not in default under this Agreement
shall have all rights and remedies provided by law or equity, including without
limitation: issuance of a stop work order, injunction, damages, action for specific
performance, or to require action consistent with this Agreement.
6.2. Nothing herein will operate to prevent the City from taking legal action regarding
noncompliance that threatens public health, safety, or welfare prior to the
expiration of the thirty (30) day cure period following notice of default. No such
action or proceeding will operate to automatically terminate this Agreement, nor
shall it release either party from any promise or obligation herein nor shall it
release either party from any liability or obligation with respect to any breach of
this Agreement occurring prior to the commencement of any legal action by the
City.
7. Termination.
7.1. This Agreement shall expire and be of no further force and effect upon the
expiration of the term set forth in paragraph 3, above.
7.2. This Agreement shall expire and be of no further force and effect if the Owner
seeks a rezone of the Property; unless the parties expressly agree in a written
amendment to this Agreement.
7.3. Upon termination of this Agreement, the City shall record a notice of such
termination in a form satisfactory to the City Attorney that the Agreement has
been terminated.
Development Agreement
Contract No. CO27-10
Page 5 of 9
7.4. Upon termination of this Agreement as to the Owner of the SKFR Property, or
any portion thereof, the entitlements, conditions of development, limitations on
fees and all other terms and conditions of this Agreement shall no longer be
vested hereby with respect to the Property. Provided, that vesting of such
entitlements, conditions, or fees may then be established for the Property
pursuant to then existing planning and zoning laws.
8. Notice. All notices required by this Agreement shall be deemed delivered to the
respective party on the date that it is personally delivered to the address set forth
below, or on the date that it is successfully sent by facsimile transmission to the
facsimile number set forth below:
City: Mayor
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Facsimile: 360-895-9029
With a copy to: Gregory A. Jacoby
City Attorney
P.O. Box 1317
Tacoma, WA 98402
Facsimile: 253-627-2247
Owner: Kitsap Fire & Rescue
1974 Fircrest Drive, SE
Port Orchard, WA 98366
Facsimile: 360-871-2426
10. No Assignment. The rights, obligations, conditions, and interests under this
Agreement shall not be assignable without the express written approval of the
City, which approval may be withheld in its sole discretion.
11. No Third Party Beneficiaries. This Agreement is made and entered into for the
sole protection and benefit of the parties hereto. No other person shall have any
right of action based upon any provision of this Agreement.
12. Interpretation; Entire Agreement.
12.1. This Agreement has been reviewed and revised by legal counsel for both
parties, and no presumption or rule construing ambiguity against the drafter of
the document shall apply to the interpretation or enforcement of this Agreement.
12.2. This Agreement constitutes the entire agreement of the parties and
incorporates all prior discussions and agreements
Development Agreement
Contract No. CO27-10
Page 6 of 9
13. City's Reservation of Rights.
13.1. This Agreement shall be construed to exclude from its scope, and to
reserve to the City, the police power authority which is prohibited by law from
being subject to a mutual agreement with consideration.
13.2. This Agreement shall not limit the City's authority to exercise its power of
eminent domain.
14. Severability. If any provision of this Agreement is determined to be
unenforceable or invalid pursuant to a final decree or judgment by a court of law
with jurisdiction, then the remainder of this Agreement not decreed or adjudged
unenforceable or invalid shall remain unaffected and in full force and effect.
15. Changes; Agreement to be Recorded. This Agreement may be modified,
including termination of the Agreement or any part thereof, at any time, but only
by the parties by written agreement and only after following the process
established by law for the adoption of a development agreement (RCW
36.70B.200). This Agreement or a memorandum thereof shall be recorded
against the SKFR Property. SKFR shall be responsible for the costs of recording
this Agreement, and any subsequent amendments thereto.
16. Jurisdiction and Venue. This Agreement shall be governed by the laws of the
State of Washington both as to interpretation and performance. Any action at
law, suit in equity or judicial proceeding for the enforcement of this Agreement or
any provisions thereof shall be instituted and maintained only in any of the courts
of competent jurisdiction in Kitsap County, Washington.
17. Estoppel Certificate. Owner may, at any time, and from time to time, deliver
written notice to the City requesting the City to certify in writing that, to the
knowledge of the City (i) this Agreement is in full force and effect and a binding
obligation of the Parties; (ii) this Agreement has not been amended or modified
either orally or in writing, and if so amended, identifying the amendments; and (iii)
the requesting Party is not in default in the performance of its obligations under
this Agreement, or if in default, to describe therein the nature and amount of any
such defaults. The City shall execute and, upon payment of the City's costs,
associated with researching and preparing the certificate, return such certificate
within thirty (30) days following the receipt thereof. The City shall not have any
liability to the requesting Party, the Owner, or to any third party for inaccurate
information if it provides the estoppel certificate in good faith.
18. Authority to Execute.
18.1. The Port Orchard City Council has authorized the Mayor to execute this
Agreement.
Development Agreement
Contract No. CO27-10
Page 7 of 9
18.2. SKFR's representative is authorized to execute this Agreement pursuant
to the terms of SKFR's delegation of authority.
CITY OF PORT ORCHARD:
By:
Lary Coppola
Its: Mayor
ATTEST:
En
Patricia J. Kirkpatrick, CMC, City Clerk
APPROVED AS TO FORM:
0
Gregory A. Jacoby, City Attorney
STATE OF WASHINGTON
ss.
County of Kitsap
SOUTH KITSAP FIRE & RESCUE:
Bv:
Wayne Senter
Its: Fire Chief
I certify that I know or have satisfactory evidence that Lary Coppola is the person
who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Port Orchard, a Washington municipal
corporation, and acknowledged it to be the free and voluntary act and deed of said
municipal corporation for the uses and purposes mentioned in the instrument.
DATED: February , 2010
NOTARY PUBLIC
Print Name:
My appointment expires:
Development Agreement
Contract No. CO27-10
Page 8 of 9
STATE OF WASHINGTON
ss.
County of Kitsap
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that he signed this
instrument and acknowledged it as the of , and
acknowledged it to be the free and voluntary act of said limited liability company for the
uses and purposes mentioned in the instrument.
DATED: February , 2010.
NOTARY PUBLIC
Print Name:
My appointment expires:
Development Agreement
Contract No. CO27-10
Page 9 of 9
EXHIBIT
That portion of the Southwest quarter of the Southwest quarter of Section 4 and of the
Southeast quarter of the Southeast quarter of Section 5, Township 23 North, Range 1
East, W,M., in Kitsap County, Washington, described as follows:
Beginning at the Southwest corner of said Section 4; thence North 2040'41" East along
the West line thereof a distance of 55.23 feet to the North right-of-way margin of Old
Clifton Road; thence continuing North 2040'41" East along said West line a distance of
278.76 feet to the True Point of Beginning; thence South 87019'19" East 50.00 feet;
thence South 2040'41" West 246.57 feet to a point on a curve, lying 55.00 feet northerly
of and parallel with the centerline of Old Clifton Road, having a radius of 2810.00 feet,
from which the radius point of said curve bears North 5°46'41" West; thence westerly
(clockwise) along said curve an arc distance of 251.41 feet through a central angle of
5007'35"; thence North 2040'41" East 272.38 feet; thence South 87°19'19" East 200.00
feet to the True point of Beginning.
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Contract No. CO27-10
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