City Council

CITY COUNCIL MEETING / PUBLIC HEARINGS TUESDAY, NOVEMBER 4, 2014 CITY HALL 22710 E. COUNTRY VISTA DRIVE 7:00 P.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER 4. ROLL CALL 5. AGENDA APPROVAL 6. CITIZEN COMMENTS 7. SPECIAL PRESENTATION – Shirley Schoenberger Bench Plaque Award 8. PROCLAMATION – Pancreatic Cancer Awareness Month 9. MAYOR AND CITY COUNCIL COMMITTEE REPORTS 10. CITY ADMINISTRATOR REPORT 11. WORKSHOP DISCUSSIONS  Waste Management – Solid Waste Transition  Property Tax 12. ACTION ITEMS A. Consent Agenda i. Approve October 21, 2014 City Council Minutes ii. Approve November 4, 2014 Vouchers in the amount of $44,039.77 B. General Business i. Authorize Mayor to enter into Solid Waste Collection Service Agreement with Sunshine Disposal ii. Authorize the Mayor to sign the 2015 BIAS Software Service Agreement iii. Approve the first amendment to the Solid Waste Collection Agreement with Waste Management, and authorize Mayor to sign the amendment The public is invited to attend. Parking and meeting rooms are accessible for persons with disabilities. Contact the City at 755-6700 with 24-hours advance notice for special accommodations. 13. PUBLIC HEARINGS A. City of Liberty Lake 2015 Proposed Budget B. City of Liberty Lake Solid Waste Comprehensive Plan 14. INTRODUCTION OF UPCOMING AGENDA ITEMS 15. CITIZEN COMMENTS 16. ADJOURNMENT The public is invited to attend. Parking and meeting rooms are accessible for persons with disabilities. Contact the City at 755-6700 with 24-hours advance notice for special accommodations. PROCLAMATION  PROCLAMATION CITY OF LIBERTY LAKE, WASHINGTON A PROCLAMATION BY THE CITY OF LIBERTY LAKE, WASHINGTON, DECLARING NOVEMBER AS “PANCREATIC CANCER AWARENESS MONTH” WHEREAS, in 2014 an estimated 46,420 people will be diagnosed with pancreatic cancer in the United States and 39,590 will die from the disease; WHEREAS, pancreatic cancer is one of the deadliest cancers, is the fourth leading cause of cancer death in the United States, and is the only major cancer with a five-year relative survival rate in the single digits at just six percent; WHEREAS, when symptoms of pancreatic cancer present themselves, it is late stage, and 73 percent of pancreatic patients die within the first year of their diagnosis, while 94 percent of pancreatic cancer patients die within the first five years; WHEREAS, approximately 880 deaths will occur in Washington in 2014; WHEREAS, the incidence and death rate for pancreatic cancer are increasing and pancreatic cancer is anticipated to move from the fourth to the second leading cause of cancer death in the U.S. by 2020; WHEREAS, the U.S. Congress passed the Recalcitrant Cancer Research Act in 2012, which calls on the National Cancer Institute to develop a scientific framework or strategic plan for pancreatic cancer and other deadly cancers, which will help provide the strategic direction and guidance needed to make true progress against these diseases; and WHEREAS, the Pancreatic Cancer Action Network is the national organization serving the pancreatic cancer community in Liberty Lake and nationwide through a comprehensive approach that includes public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; WHEREAS the Pancreatic Cancer Action Network and its affiliates in Liberty Lake support those patients currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure; WHEREAS the good health and well being of residents of Liberty Lake are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments; NOW, THEREFORE, BE IT RESOLVED THAT the month of November, 2014 is hereby designated as Pancreatic Cancer Awareness Month in the City of Liberty Lake. Dated this 4th day of November, 2014 Steve Peterson, Mayor  City Council Subcommittee Agendas From: Amanda Tainio To: Dan Dunne; Hugh Severs; Katy Allen; Robert Moore; Stan Jochim Cc: Ann Swenson; Andrew Staples; Michelle Griffin; Shane Brickner; Steve Peterson Subject: 10/28 Community Development Committee 5pm Start: Tuesday, October 28, 2014 5:00:00 PM End: Tuesday, October 28, 2014 6:30:00 PM Location: City Hall Conference Room Here is your agenda for the October 28th Community Development Committee meeting. If there is anything you would like to add for discussion at future meetings, please email me and I would be happy to add it. If you will not be able to make it or you will be late, please let Katy or I know so we can contact Shane, if needed. Thanks, Amanda Tainio City of Liberty Lake Planning & Building Services Manager 22710 E. Country Vista Dr. Liberty Lake, WA 99019 Phone: 509-755-6708 Fax: 509-755-6713 HYPERLINK "mailto:atainio@libertylakewa.gov" atainio@libertylakewa.gov HYPERLINK "http://www.libertylakewa.gov/" www.libertylakewa.gov/ October 28th Meeting Agenda City Council Proposed Agenda Overviews Sign Code Workshop Summary & Schedule 2017 Growth Management Periodic Update Deadline Future Meetings Parks, Recreation, & Public Art Commission City Project Updates Parks, Recreation, Open Space, & Trails Plan Update  Finance Committee Meeting Agenda – City Hall Conference Room November 4, 2014 6:00 PM I. 2012-2013 Audit a. Exit Interview is 11-3-2014 at 3pm II. Financing a. Reimbursement Resolution b. Other Financing Options c. Investment III. 2015 Budget a. Questions b. Forecast IV. LIFT a. Sales Tax update for October b. 2014 Match V. Voucher Review ACTION ITEMS  City of Liberty Lake Consent Agenda for November 4, 2014 City Council Meeting Report from the Mayor for pending claims and payment of previously‐approved obligations through November 4, 2014 Payee Description Amount See attached voucher report. Total vouchers through November 4, 2014 $ 44,039.77 TOTAL $44,039.77 RECOMMENDATION: Approve and Authorize for Payment ATTACHMENTS: All original invoices are on file with the City Treasurer. SIGNATURES: City Clerk Mayor Finance Committee  AGENDA ITEM NO.: 12Bi BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: November 4, 2014 Solid Waste Collection Agreement with Sunshine Disposal, Inc. (SDI) DEPT. OF ORIGIN: Administrative Services EXHIBIT: DEPT. HEAD APPROVAL: Katy Allen DRAFT Solid Waste Collection Agreement EXPENDITURE REQUIRED: Yes. Future expenditure may be required to manage contract by City staff BUDGETED: Will be included in 2015 Budget SUMMARY STATEMENT Since the City’s incorporation, Waste Management of Washington, Inc. (WMW) has provided solid waste collection services to local residential and commercial customers. On September 16, 2014, the City entered into a Solid Waste Collection Agreement with WMW to maintain those levels of service. During the same duration of time, Sunshine Disposal, Inc. (SDI) has provided solid waste collection services to residential and commercial customers. In order to maintain the current level of those services, City staff recommends entering into a Solid Waste Collection Agreement with SDI. It is also recommended both Solid Waste Collection Agreements be in place prior to the November 16, 2014 expiration date of the current Interlocal Agreement with Spokane County. At the time of the November 4th City Council packet deadline, the Agreement with SDI was still being finalized. The final Agreement will be provided prior to the November 4th City Council meeting, and will be ready for council’s consideration and action. The draft Agreement is being provided for council’s review. No significant changes to the Agreement terms are anticipated. RECOMMENDED ACTION 1. Authorize Mayor to enter into the Solid Waste Collection Agreement with Sunshine Disposal, Inc.  SOLID WASTE COLLECTION AGREEMENT (RCW 35A.03.005; RCW 35.02.160) City of Liberty Lake This SOLID WASTE COLLECTION AGREEMENT (“Agreement”) is made and entered into between SUNSHINE DISPOSAL, INC. (“SDI”) and the CITY OF LIBERTY LAKE, a code city of the state of Washington (“City”). The parties shall be collectively referred to herein as the “Parties” and individually as a “Party”, unless specifically identified otherwise. This Agreement shall be effective upon the date that all Parties have executed this Agreement (the “Effective Date”), as evidenced by the signatures below. The Parties agree as follows. RECITALS WHEREAS SDI holds Certificate No. G-199 issued by the Washington Utilities and Transportation Commission (“WUTC”) for the collection of solid waste in certain areas in Washington State, including within certain areas in Spokane County; WHEREAS at the time of the City’s incorporation on August 31, 2001, and thereafter, SDI provided solid waste collection services pursuant to Certificate No. G-199 within the geographic boundaries of the newly incorporated City (the “Incorporated Territory”), as shown on Exhibit A attached hereto; WHEREAS at the time of the City’s incorporation on August 31, 2001, and thereafter, Waste Management of Washington, Inc. also provided commercial roll-off solid waste collection service (“Roll-Off Service”) pursuant to Certificate No. G-237 within the Incorporated Territory; WHEREAS under RCW 35A.03.005 and RCW 35.02.160, the WUTC regulates the collection of solid waste within the Incorporated Territory until such time as the City notifies the WUTC, in writing, of its decision to contract for solid waste collection or provide solid waste collection itself pursuant to RCW 81.77.020; WHEREAS RCW 35.02.160 provides that when a new city incorporates, the city may elect to cancel the rights of the current solid waste collection company provided that the city grants to the collection company a contract or franchise to continue providing solid waste collection services for a term of not less than SEVEN (7) years following the city’s exercise of its right to cancel SDI’s WUTC collection authority within the Incorporated Territory; WHEREAS RCW 35.02.160 also provides that a company whose authority to collect solid waste within the city has been cancelled shall have a right of action against the city for any measurable damages it suffers as a result of the cancellation of its authority; WHEREAS by entering into this Agreement, SDI’s collection rights under its G-199 certificate are cancelled and the Parties have agreed upon a TEN (10)-year Agreement term consisting of the statutory SEVEN (7) years and an additional THREE (3) years as compensation for SDI’s waiving any and all claims to measureable damages under RCW 35.02.160. Page 1 of 12  TERMS AND CONDITIONS 1. DEFINITIONS. For the purpose of this Agreement, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms not otherwise defined herein shall have the definition provided under Chapter 70.95 RCW and its implementing regulations, if such definition exists. 1.1. “City Solid Waste” means all Solid Waste, including C&D Waste, derived from residential and commercial sources, whether public or private, located within the City Limits, but excluding any Excluded Wastes. 1.2. “Solid Waste” means solid waste as defined by RCW 70.95.030(22), and as hereinafter amended, to be all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials. 1.3. “C&D Wastes” means Solid Waste that results resulting from construction, remodeling, repair, and/or demolition of buildings, houses, roads, or other structures, including, but are not limited to, wood, brick, concrete, rubble, soil, rock, drywall, masonry, roofing, siding, asphalt, structural metal, wire, packaging, insulation, and other building material. 1.4. “Recycling” means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration. 1.5. “Source-Separated Recyclable Materials” means any Recyclable Materials that has been separated from other City Solid Waste prior to collection. 1.6. “Excluded Waste” means the following materials, provided, however, that the City and SDI may in the future agree in writing to include any of the following materials as Solid Wastes subject to this Agreement:  Hazardous Waste, as defined herein;  Animal manures, dead animals, and animal remains, including remains from slaughterhouses or butcher shops;  Grease waste or used cooking oil;  Sewage sludge, septic tank and cesspool pumpings, or other sludge;  Infectious, biohazardous, or regulated medical waste;  Industrial process wastes and industrial wastewater sludge;  Treated/de-characterized wastes;  Antifreeze;  Asbestos and asbestos-containing waste;  Light ballasts;  Petroleum contaminated soils;  Universal wastes as defined in 40 CFR § 273.9, including batteries, pesticides, mercury-containing equipment, and universal waste lamps as defined therein;  Other wastes which require specialized disposal or treatment under state or federal law;  Other wastes that the Parties agree to in writing to be excluded from this Agreement. Page 2 of 12  1.7. “Hazardous Waste” means wastes that are defined as hazardous wastes under federal law, including the federal Resource Conservation & Recovery Act, 42 U.S.C. §§ 6901 et seq., and under comparable state laws. 2. Term of Agreement. The initial term of this Agreement shall commence on November 17, 2014 and shall expire on November 30, 2024. On mutual agreement of the City and Contractor, this Agreement may be extended for up to an additional six (6) years under the original terms and conditions. Either Party seeking to extend the Agreement shall submit a written request to the other Party to extend the Agreement at least NINETY (90) days prior to the expiration of the current term. 3. Grant of Exclusive Right. The City hereby extends and grants to SDI the exclusive right and obligation to collect those City Solid Wastes, and provide those services previously provided under its WUTC Certificate G-199 (hereinafter the “Collection Services”). During the term of this Agreement, the City agrees that, it shall not contract for Collection Services or provide Collection Services within the Incorporated Territory. Notwithstanding the foregoing, the grant of an exclusive right to such Collection Services: 3.1. Shall not apply to the self-hauling of Solid Waste by the generator in their own vehicles; 3.2. Shall not apply to the hauling of Source-Separated Recyclable Materials from commercial or industrial generators; 3.3. Shall not apply to those operations identified as exempt operations in WAC 480-70-011 or not otherwise regulated by the WUTC under SDI’s G-199 certificate; 3.4. Shall not be construed to create any obligation or requirement for the City to impose mandatory solid waste collection from all of its residents and commercial businesses; 3.5. Shall not be construed to prohibit the City from undertaking any a procurement process and entering into a contract with another entity prior to the completion of the term of this Agreement in order to ensure there is no interruption of services after the completion of the term of this Agreement; provided that any such entity shall not commence providing services until the term of this Agreement is completed and this Agreement is terminated as provided herein. 4. Non-Exclusivity Regarding Waste Management of Washington, Inc. Notwithstanding any other provision in this Agreement, the Parties agree that nothing in this Agreement, including the grant of an exclusive franchise for the Incorporated Territory, shall interfere with the existing rights of Waste Management of Washington, Inc. under RCW 35.02.160 to provide Roll-Off Service within the Incorporated Territory. 5. Rates and Compensation. SDI shall be compensated for the Collection Services hereunder by charging its residential and business customers within the Incorporated Territory the initial rates and charges (the “Rates”) set forth in the copy of Tariff No. 7 for Certificate No. G-199, excluding Item 230, attached hereto as Exhibit B. The Exhibit B initial rates and charges shall be modified periodically pursuant to Section 7. SDI shall deliver City Solid Waste, excluding C&D Wastes, to its Spokane Valley University Transfer Station and shall charge a disposal fee of $94.75 per ton, as adjusted periodically by Section 7. In the event that SDI Page 3 of 12 delivers materials to a different facility due to the type of material (e.g. C&D Wastes) or emergency redirection of materials due to transfer station closure, SDI shall charge the customer the actual costs of disposal at that alternative facility. 6. Taxes, Fees, and Other Charges. In addition to the Rates identified in Exhibit B, SDI shall charge its customers within the Incorporated Territory any taxes, fees, and charges identified in Exhibit B and any other taxes, fees, and charges as may hereinafter be levied by any governmental entity against the Collection Services in the Incorporated Territory. 7. Adjustments to Rates, Taxes, Fees, and Other Charges. The Rates, taxes, fees, and other charges shall be adjusted as follows: 7.1. Annual Rate Adjustment. Rates shall be adjusted December 1, 2015 and annually thereafter, by a percentage equal to the annual percent change in the Consumer Price Index (“CPI”), August to August, All Items, December 1996=100 for All Urban Consumers (CPI-U), West Size Class B/C, as published by the Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The disposal component of the Rates provided in Exhibit B shall be adjusted December 1, 2015 and annually thereafter, by a percentage equal to NINETY PERCENT (90%) of the annual percent change in the CPI. 7.2. Adjustment for Changes to Taxes, Fees, and Other Charges. If any of these taxes, fees, or charges under Section 6 above are increased or decreased, SDI shall adjust the amounts charged to its residential and business customers consistent with the increases or decreases. If the City increases or decreases any taxes, fees, or charges on SDI’s Collection Services within the Incorporated Territory, the City shall notify SDI of such taxes, fees, or other charges. 7.3. Periodic Adjustments Due to Extraordinary Circumstances. SDI’s collection and disposal rates set by this Agreement are calculated to pay certain expenses and costs that are of a contingent and uncertain nature. Therefore, in addition to the annual CPI adjustment provided by Section 7.1 above, SDI’s Rate shall, upon written request of SDI, be further adjusted due to any one or more of the following causes: (a) material changes in SDI’s costs resulting from a Force Majeure event; provided that pursuant to Section 15, SDI is excused from performance during the period of a Force Majeure and so shall notify the City prior to continuing to provide services during the occurrence of a Force Majeure if it believes or has reason to believe the provision of services may result in material changes in SDI’s costs. The Parties shall jointly determine whether SDI shall provide the same services or alternative services to limit the impact to SDI’s costs; or (b) material changes in SDI’s costs resulting from a change in law, statute, rule, regulation, ordinance, order or requirement of any federal, state, regional or local government that is effective after the Effective Date of this Agreement; provided SDI shall notify the City of such change and the Parties shall jointly determine, to the extent possible under the changes, whether SDI may provide alternative services to limit the impact to SDI’s costs. If SDI requests an adjustment due to the circumstances set forth above, SDI shall prepare a rate adjustment request setting forth its calculation of the increased or decreased costs Page 4 of 12  and accompanying adjustment to the Rates necessary to offset such changes. The City may request any and all documentation and data reasonably necessary to evaluate such request by SDI. The City shall act within forty-five (45) days of receipt of the request from SDI, and shall either approve or disapprove the request, provided that approval shall not be unreasonably withheld. 7.4. Notice of Rate Increases. SDI shall implement all City-authorized adjustments to rates by providing 45-day notice on the customers’ invoices consistent with RCW 35.21.157. 7.5. Non-Applicability of Revisions to WUTC Tariffs. Notwithstanding any other provision in this Agreement, the Parties agree that the Rates have been established based on the WUTC tariff rates for Certificate No. G-199 applicable to the Incorporated Territory as of the Agreement execution date, but that any future rate adjustments shall be based upon Sections 7 and not on any revisions to the WUTC tariff rates for Certificate No. G-199. Furthermore, nothing in this Agreement is intended to restrict or prohibit SDI from seeking approval from the WUTC for new and/or revised WUTC tariff rates applicable to solid waste collection within its Certificate No. G-199 territory located outside of the Incorporated Territory. 8. Incorporation of Certain G-199 Tariff Service Conditions. The Parties agree that the service requirements imposed pursuant to Tariff No. 7 applicable to Certificate No. G-199 and the current provisions of WAC 480-70-361 through 480-70-421, excluding WAC 480-70- 386(2), shall be applicable to the Collection Services hereunder. A copy of Tariff No. 7 is attached hereto as Exhibit B and is incorporated herein by this reference. Notwithstanding the foregoing, the following shall apply in the event of any differences or ambiguities between the terms and conditions of this Agreement and Tariff No. 7 and the referenced WAC provisions: 8.1. Unless a term or condition of Tariff No. 7 or WAC section is inapplicable to the City, any reference to the WUTC in Tariff No. 7 or WAC section shall be deemed to be a reference to the City; 8.2. If there is a requirement or obligation set forth in this Agreement that conflicts with a requirement or obligation in Tariff No. 7 or any referenced WAC section, the requirement or obligation set forth in this Agreement shall apply. 9. Designated Disposal System. Except for Construction and Demolition Debris and any other materials agreed to by the Parties in writing, all City Solid Waste collected under this Agreement shall be delivered to the City’s designated disposal system specified by the City’s Comprehensive Solid Waste Management Plan. SDI may deliver Construction and Demolition Debris and any other materials agreed to by the Parties in writing to any permitted facility chosen by the SDI. 10. Waiver of Claims for Measurable Damages. SDI hereby waives all claims under RCW 35A.03.005 and RCW 35.02.160 to any measurable damages resulting from the cancellation of its solid waste collection business within the Incorporated Territory. The Parties agree that this Agreement and the Franchise provide full satisfaction of any and all claims for measurable damages caused by cancellation of SDI’s Certificate No. G-199 and, the City’s Page 5 of 12 extension of its collection authority over the Incorporated Area pursuant to RCW 35A.03.005 and RCW 35.02.160. 11. Required Notices to WUTC. The City shall be responsible for submitting any and all notices to the WUTC of its decision to contract for solid waste collection or provide solid waste collection itself within the Incorporated Territory pursuant to RCW 81.77.020. As required by WAC 480-70-141(3), SDI shall be responsible for notifying the WUTC that SDI and the City have entered into this Agreement, including submission of this executed Agreement to the WUTC. 12. Cooperation in Execution of Documents. The Parties agree to cooperate in preparing, executing, and delivering any and all additional documents that may be necessary to render this Agreement legally and practically effective, provided, however, that this provision shall not require the execution of any document that expands, alters or in any way changes the terms of this Agreement. 13. Force Majeure. If either Party is prevented from or delayed in performing its duties under this Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, fires, typhoons, hurricanes, severe weather, floods, volcanic eruptions, pandemics, quarantines, war, civil disturbances, acts of terrorism, acts of God, or threats of such circumstances (“Force Majeure”), then the affected Party shall be excused from performance hereunder during the period of such disability. The Party claiming Force Majeure shall promptly notify the other Party when it learns of the existence of a Force Majeure condition and when the Force Majeure condition has terminated. Notwithstanding anything in this Agreement to the contrary, the term “Force Majeure” does not include and a Party shall not be excused from performance under this Agreement for events relating to increased costs, including, without limitation, increased costs of fuel, labor, insurance or other expenses of performing the Collection Services hereunder. Further, the term “Force Majeure” does not include labor disputes, which shall be handled in accordance with the same terms and procedures set forth in SDI’s Certificate No. G-199 and any applicable provisions of Chapter 480-70 WAC. 14. Successors and Assigns. Neither Party shall assign this Agreement without the prior written consent of the other Party, except that SDI may assign this Agreement to any subsidiary, parent or affiliated company without the other Party’s consent. If this Agreement is assigned as provided above, it shall be binding on and shall inure to the benefit of the Parties hereto and their respective successors and assigns. 15. Insurance. SDI shall maintain throughout the term of this Contract the following types of coverage with limits that are required by appropriate regulatory agencies or the following, whichever are greater: 15.1. Minimum Scope of Insurance. SDI shall obtain insurance of the types described below: (a) 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 providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Page 6 of 12  (b) Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, personal injury and advertising injury. City shall be named as an additional insured under SDI's commercial general liability insurance policy with respect to the work performed for City. (c) Workers’ compensation coverage as required by the industrial insurance laws of the State of Washington. (d) Commercial Umbrella Liability Insurance 15.2. Minimum Amounts of Insurance. SDI shall maintain the following insurance limits: (a) Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. (b) Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and $2,000,000 products-completed operations aggregate limit. (c) Employer’s Liability, $1,000,000 per occurrence. (d) Commercial Umbrella Liability Insurance (not “excess only” Umbrella Liability Insurance) with limits of $5,000,000 each occurrence. 15.3. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for all insurance except workers’ compensation: (a) SDI’s insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of SDI’s insurance and shall not contribute with it. (b) Such coverage and policies shall not be cancelled without providing City thirty (30) days advance written notice. (c) City shall be named as an additional insured. 15.4. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 15.5. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, SDI shall furnish acceptable insurance certificates to City at the time SDI returns the signed Agreement and, during the remaining term of this Agreement, within a reasonable time after a request for such certificates by the City. The certificate shall specify all of the parties who are additional insured, and will include applicable policy endorsements. Insuring companies or entities are subject to City acceptance. SDI shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. Page 7 of 12  16. Indemnification. SDI shall, at its sole expense, defend, indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors or omissions in the Collection Services provided by SDI, SDI's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. 16.1. SDI's duty to defend, indemnify and hold harmless City shall not apply to liability for damages caused by or resulting from the sole negligence of City or City's agents or employees. 16.2. SDI's duty to defend, indemnify and hold harmless City against liability for damages caused by the concurrent negligence of (a) City or City’s agents or employees, and (b) SDI, SDI's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of SDI, SDI's agents, subcontractors, subconsultants and employees. 16.3. SDI's duty to defend, indemnify and hold City harmless shall include, as to all claims, demands, losses and liability to which it applies, City's personnel-related costs, reasonable attorneys' fees, and the reasonable value of any services rendered by the office of the City Attorney, or City retained legal counsel, outside consultant costs, court costs, fees for collection, and all other claim-related expenses. 16.4. SDI specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that SDI's waiver of immunity by the provisions of this paragraph extends only to claims against SDI by City, and does not include, or extend to, any claims by SDI's employees directly against SDI. 16.5. SDI hereby certifies that this indemnification provision was mutually negotiated. 17. Notice. Any notice required or permitted hereunder shall be in writing (including, without limitation, by facsimile transmission) and sent to the address shown below: If to If to SDI: Sunshine Disposal Inc City: City of Liberty Lake PO Box 13369 22710 E. Country Vista Drive Spokane Valley WA 99213 Liberty Lake, WA 99019 Attention: Marc B Torre Attention: City Clerk 18. Alternative Dispute Resolution/Legal Fees. Any dispute, controversy or claim arising out of or relating to this Agreement, including any question regarding breach, termination or invalidity thereof shall be resolved by arbitration (unless both Parties agree to mediation) in Spokane, Washington or such other location as agreed to by the Parties, and in accordance with the American Arbitration Association or Judicial Dispute Resolution rules which are deemed to be incorporated by reference in this clause. The maximum number of arbitrators shall be one in Page 8 of 12 any claim, suit, action or other proceeding relating in any way to this Agreement or any claims arising out of this Agreement, except as otherwise agreed to by the Parties. Other than mediation costs, in the event any arbitration or legal action is taken by either Party against the other to enforce any of the terms and conditions of this Agreement, it is agreed that the unsuccessful Party to such action shall pay to the prevailing Party therein all court and/or arbitration costs, reasonable attorney’s fees and expenses incurred by the prevailing Party. 19. Entire Agreement; Amendment. This Agreement constitutes the entire agreement among the Parties concerning the subject matter hereof and supersedes all previous correspondence, communications, agreements and understandings, whether oral or written among the Parties. This Agreement may not be modified, in whole or in part, except upon unanimous written approval of the Parties, signed by both the Parties. 20. Advice of Counsel. This Agreement was negotiated at arms-length with each Party receiving advice from independent legal counsel. 21. No Third Party Beneficiaries. This Agreement is made solely and specifically among and for the benefit of the Parties hereto, and their respective successors and assigns, and no other person will have any rights, interest, or claim hereunder or be entitled to any benefits under or on account of this Agreement, whether as a third party beneficiary or otherwise. 22. Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision in this Agreement and this Agreement shall be construed as if the invalid illegal, or unenforceable provision had never been contained in it. 23. Governing Law. This Agreement, and all amendments or supplements thereto, shall be governed by and construed in accordance with the laws of the State of Washington. 24. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. * * * IN WITNESS WHEREOF, the Parties enter into this Agreement. Each person signing this Agreement represents and warrants that he or she has been duly authorized to enter into this Agreement by the Party on whose behalf it is indicated that the person is signing. Page 9 of 12  CITY OF LIBERTY LAKE SUNSHINE DISPOSAL, INC. By: By: Name: Steve Peterson Name: Marc B Torre Title: Mayor of Liberty Lake Title: President Date: _____________ Date: _____________ ATTEST By: Name: Ann Swenson Title: City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Name: Sean P. Boutz Name: Title: City Attorney Title: Attachments: Exhibit A – Map of the City of Liberty Lake, WA Exhibit B – Tariff No. 7, G-199 Page 10 of 12 Exhibit A – Map of the City of Liberty Lake, WA EXHIBIT B  AGENDA ITEM NO.: 12Bii BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: November 4, 2014 BIAS Software Agreement DEPT. OF ORIGIN: Administrative Services EXHIBIT: 2015 Software Service Agreement DEPT. HEAD APPROVAL: RJ Stevenson EXPENDITURE REQUIRED: Yes for 2015 $7,475.84 BUDGETED: Yes for 2015 SUMMARY STATEMENT The City desires to renew its agreement with BIAS Software for services and support of financial and permitting software. The City has used BIAS for its financial software services since 2010. RECOMMENDED ACTION 1. Authorize the Mayor to sign the 2015 Software Service Agreement City of Liberty Lake 22710 E Country Vista Dr. Liberty Lake, Washington 99019 Order form for: City of Liberty Lake Prepared on: October 9, 2014 Account Contact Ann Marie Gale 2015 Annual Service Fee: $7,475.84 ORDER FORM Order Prepared For: Order Prepared By: Company: City of Liberty Lake Company: BIAS Software Contact: Ann Marie Gale Contact: Mark Felchlin Address: 22710 E Country Vista Dr. Address: 327 E Pacific Liberty Lake, Washington 99019 Spokane, Washington 99202 Phone: (509) 755-6700 Phone: 509.443.3332 Email: agale@libertylakewa.gov Email: mark@biassoftware.com ORDER DETAILS Professional Services Product Modules Qty. Sub-total Extended Price 2015 Annual Support Financial 1 $2,025.00 $2,025.00 2015 Annual Support Payroll 1 $1,552.50 $1,552.50 2015 Annual Support Cash Receipting 1 $1,350.00 $1,350.00 2015 Annual Support Permitting 1 $1,350.00 $1,350.00 Total IT Services: BIAS Managed Back-up - All $600.00 Total Cloud Licenses: $0.00 Other Fees: SIGN & RETURN BY Discounts: 11.30.14 Tax $598.34 Grand Total $7,475.84 (Tax Included) Enhancements Purchase Orders , YOU’RE INVITED 2015 BIAS Rally Come see what BIAS Community is all about! Tuesday, February 17th – Friday, February 20th The Davenport Hotel | Spokane, WA more info www.biassoftware.com/rally Sign Up: Contact Sue at 509.443.3332 BIAS Order Form for City of Liberty Lake – October 9, 2014 Prepared by: Mark Felchlin Page 1 of 2 City of Liberty Lake 22710 E Country Vista Dr. Liberty Lake, Washington 99019 Contract Special Terms During the Contract Term and for one year thereafter, Customer shall not disclose the pricing or terms hereunder to any third party without Customer notifying BIAS in writing prior to disclosure. PAYMENT: Annual Support Fee is due on the contract year by January 31st. Invoice will be generated upon receiving signed Order Form. Remarks WINDOWS XP BIAS will no longer install BIAS Software on XP computers. Microsoft discontinued support for Windows XP in April of 2014. Since then we have continued to support Windows XP, however the risks involved in maintaining an unsupported OS in today’s environment is great. Therefore we will be discontinuing support for Windows XP as of the end of 2014. This means we will no longer install BIAS software on XP machines and we will provide a very limited if any troubleshooting for existing XP machines. BIAS offers several installation options including: Stand alone, Workgroup, Client-server, and (new!) Hosted. Our IT staff will work with you to find the right fit for your organization. Please feel free to contact us if you have any questions about the Order Form details. Upon signature by Customer and submission to BIAS, this Order Form shall become legally binding and governed by the Master Subscription Agreement between BIAS and Customer unless otherwise agreed by BIAS and Customer. Name: Steve Peterson _____________________ Signature: Title: Mayor, City of Liberty Lake _____________________ Date: _____________________ Please sign digitally or print and fax to 888.228.0030 or email to sue@biassoftware.com. BIAS Order Form for City of Liberty Lake – October 9, 2014 Prepared by: Mark Felchlin Page 2 of 2  AGENDA ITEM NO.: 12Biii BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: November 4, 2014 Amendment to Solid Waste Collection Agreement with Waste Management of Washington, Inc. DEPT. OF ORIGIN: Administrative Services EXHIBIT: DEPT. HEAD APPROVAL: Katy Allen Amendment Agreement EXPENDITURE REQUIRED: N/A BUDGETED: N/A SUMMARY STATEMENT Two amendments have been made to the Solid Waste Collection Agreement between the City & Waste Management of Washington, Inc. (WMW). The first amendment changes the payment date to Liberty Lake from WMW from the tenth of the month to the thirtieth of the month. The second amendment clarifies that annual rate adjustments in Exhibits B and D are subject to the CPI. The second amendment also replaces the word “Attachment” with the word “Exhibit” since there is no actual “Attachment B” in the original Agreement. RECOMMENDED ACTION 1. Approve the first amendment to the Solid Waste Collection Agreement with Waste Management of Washington, Inc., and authorize Mayor to sign the amendment.  FIRST AMENDMENT TO SOLID WASTE COLLECTION AGREEMENT BETWEEN CITY OF LIBERTY LAKE AND WASTE MANAGEMENT OF WASHINGTON, INC. THIS FIRST AMENDMENT TO SOLID WASTE COLLECTION AGREEMENT (“First Amendment”) is entered into as of November 17, 2014 (“Effective Date”) by and between the City of Liberty Lake (“City”) and Waste Management of Washington, Inc. (“WMW”). RECITALS A. City and WMW are parties to that certain Solid Waste Collection Agreement, effective November 17, 2014 (the “Agreement”); and B. City and WMW desire to amend the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1. Compensation to the City. Section 9.2 of the Agreement is hereby amended and replaced in its entirety with the following (changes indicated in underline and strikethrough): 9.2. WMW shall pay the City a monthly administrative fee equal to ONE PERCENT (1%) of Gross Revenues, as defined in Section 1.10 above. Payment shall be made by the tenth thirtieth of each month, including the three months following the termination of this Agreement to capture trailing payments. 2. Annual Rate Adjustment. Section 8.1 of the Agreement is hereby amended by replacing “Attachment” with “Exhibit”, as applicable, in said Section and adding “Exhibits B and D” in place of “Exhibit B” (previously Attachment B) in the first sentence of Section 8.1. 3. Full Force and Effect. Except as otherwise provided in this First Amendment, all other terms and provisions of the Agreement, as amended, shall remain in full force and effect. Page 1 of 2 IN WITNESS WHEREOF, this First Amendment is effective as of the Effective Date. CITY OF LIBERTY LAKE By: ______________________________ Name: Steve Peterson ______________________________ Title: Mayor, City of Liberty Lake ______________________________ Date: ______________________________ ATTEST: By: _________________________ Title: City Clerk _________________________ WASTE MANAGEMENT OF WASHINGTON, INC. By: _______________________________ Name: _______________________________ Title: _______________________________ Date: _______________________________ Page 2 of 2 Introduction of Upcoming Agenda Items  DRAFT CITY COUNCIL ADVANCED AGENDAS For Planning Discussion Purposes Only As of October 31, 2014 Please note: This is a work in progress; items are tentative November 18, 2014 DUE Wed, November 12 1. WORKSHOP – I-502 2. Consent Agenda (minutes, vouchers) 3. General Business a. Approve Right of Way Use Agreement 4. PUBLIC HEARING –2015 Proposed City Budget 5. Legacy Ridge West Preliminary Plat, 2014.PL0003 Closed Record Public Hearing 6. RESOLUTIONS a. Property tax levy for the City of Liberty Lake b. 12-164B – amending public improvement list for LIFT c. No. 14-??? – Regarding finalization of the River Crossing North Addition Plat, located in the North Half of the Southeast Quarter of Section 8, Township 25N, Range 45 E.W.M., Liberty Lake, Washington d. Surplus of patrol vehicles e. Reimbursement Resolution for Capital Project Expenditures December 2, 2014 DUE Wed, November 26 1. Consent Agenda (minutes, vouchers) 2. FIRST READ ORDINANCES a. Adopting 2015 Budget b. Adopting a Solid Waste Comprehensive Plan December 16, 2014 DUE Wed, December 10 1. Employee Recognition Awards 2. Consent Agenda (minutes, vouchers) 3. General Business a. Award contract for reconstruction of Appleway Avenue from Liberty Lake Drive to Fairway Lane 4. SECOND READ ORDINANCES a. Adopting the 2015 Budget b. Adopting a Solid Waste Comprehensive Plan ************* TENTATIVE ITEMS:  WiFi contract with Ptera  Rocky Hill barn – misc. work