HomeMy WebLinkAboutAgenda Modification
CITY OF
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WASHWGTONTO: Members of the City Council
Mayor Lewis
Department Directors
FROM: Cathy Richardson, Deputy City Clerk
SUBJECT: March 6, 2006 Agenda Modification
DATE: March 6, 2006
The following item modifies the March 6, 2006 City Council meeting agenda
published on Friday, March 3, 2006:
VIII. ORDINANCES AND RESOLUTIONS The agenda modification transmits a revised Item VIII.A.1, Ordinance No.
5968, and a revised agreement to Item VI11.6.1, Resolution No. 3977
I/clerk/council/2006agendas/2006a m03-06
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AWASHINGTON
TYFTO: Members of the City Council
Mayor Lewis
Department Directors
FROM: Cathy Richardson, Deputy City Clerk
SUBJECT: March 6, 2006 Agenda Modification
DATE: March 6, 2006
The following item modifies the March 6, 2006 City Council meeting agenda
published on Friday, March 3, 2006:
VIII. ORDINANCES AND RESOLUTIONS
The agenda modification transmits a revised Item VII.A.1, Ordinance No.
5968, and a revised agreement to Item VI11.6.1, Resolution No. 3977
I/cl e r k/c o u n c i I/2006 a g e n d a s/2006 a m 03-06
ORDINANCE NO. 5 9 6 8
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 8.08 OF THE AUBURN CITY CODE
RELATING TO SOLID WASTE
WHEREAS, the City provides for refuse and garbage services; and
WHEREAS, it is the City's policy to have its operations and services
reflective of their true costs in terms of value and fees charged; and
WHEREAS, the City has reviewed its solid waste code provisions and
rates and it is therefore appropriate that the provisions of this chapter be
amended to meet the City's needs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to Citv Code. That section 8.08 of the
Auburn City Code be and the same hereby is amended to read as follows:
Chapter 8.08
SOLID WASTE
Sections:
8.08.010 Scope.
8.08.020 Intent.
8.08.030 DeCnitions.
8.08.040 Removal and disposal - City powers.
8.08.050 Solid waste utility - Solid waste administrator.
8.08.060 Solid waste fund.
8.08.070 Collection - General provisions.
8.08.080 Containers - Required.
8.08.090 Containers - Special disposal regulations.
8.08.100 Containers - Set out of containers - Anti-scavenging.
8.08.110 Containers - Public Nuisaace - Violation notice.
8.08.120 Collection - Yard debris.
Ordinance 5968
February 23, 2006
Page 1 of 26
8.08.130 Disposal restrictions generally.
8.08.140 Disposal restrictions.
8.08.150 Collection - Contract.
8.08.160 Collection - Only by contractor - Contract terms -
Compliance required.
8.08.170 Co►lection charges - Establishment.
8.08.180 Collection charges - Hesidential and commercial collections.
8.08.185 Special Collection llistrict
8.08.186 Collection charf!es - Residential, multifamilV and commercial
collections - Suecial Collection Distriet
8.08.190 Special services.
8.08.200 Miscellaneous fees and charges.
8.08.210 Collection charge - Payment - Nonpayment action.
8.08.220 Suspending collection from problem customers.
8.08.230 Annexation.
8.08.240 City's administrative powers.
8.08.250 Violation - Penalty.
8.08.010 Scope.
This chapter applies to all tenitory embraced within the city limits of the city of
Auburn. (Ord. 5243 § 1, 1999; Ord. 5212 § 1(Exh. D), 1999; Ord. 4500 § 2, 1991.)
8.08.020 Intent.
The provisions of this Chapter are adopted for the safety, health and general
welfare of the public. There is hereby established a uniform system for the collection and
disposal of solid waste, including garbage, recyclables and yard debris. A solid waste ,
service provider shall provide such collection and disposal under written agreement with
the city. All single family, multifamily residences and commercial customers, eaceptinq
those areas defined in Ordinances 5346, 5516, and 5937. as hereafrer set forth, shall be
entitled and required to utilize the services of the city's service providers. Garbage
collection service is mandatory for all single family residences, multifamily residences
and commercial customers , exceptina those areas dctined in Ordinances 5346, 5516, and
5937. an4-TEhe charges/fees set by the city shall be applied whether or not the service is
utilized. It is the intention of this chapter to meet state, King and Pierce County solid
waste comprehensive plan goals. Recycling and waste reduction is a primary objective of
this chapter. (Ord. 5243 § 1, 1999; Ord. 5212 § 1(Exh. D), 1999; Ord. 4500 § 2, 1991.)
8.08.030 Definitions.
As used in this chapter:
A. "Adequate service" means the establishment of and payment for a solid waste
services account at the level of service necessary for the containment and collection of
disposed solid waste at each single family residence, multi-family residence or
commercial customer, as determined by the Administrator. This level of containment
Ordinance 5968
February 23, 2006
Page 2 of 26
shall be rodent, bird and insect resistant and contain solid waste in a sanitary condition at
all times.
B. "Administrator" means the official of the City holding the office of Public
Works Director, orthe official's designated representative.
C. "Ashes" means the solid waste products of coal, wood and other fuels used for
heating and cooking from all public and private establishments and from all residences.
D. "Cart" means a City-approved wheeled cart that is a plastic container with 35-,
64- or 96- gallons of capacity; designed for and used with a hydraulic lifting mechanism;
weighing not over fifry pounds per 32 gallon capacity when full; fitted with a sturdy
handle and a cover; be rodent, bird and insect resistant; and be capable of holding
collected liquids without spilling when in an upright position.
E. "City" means the City of Auburn, located in King County and Pierce County,
Washington.
F. "City's agenP" means the City's solid wuste Service Provider.
G. "Commercial Customer" includes multi-family residences, businesses,
institutions, governmental agencies and all other users of commercial-type Garbage or
Recyclables collection services.
H. "Curb" or "Curbside" means on the single family residences' property, within
five feet of the public street without blocking sidewalks, driveways or on-street parking.
If extraordinary circumstances preclude such a location, curbside shall be considered a
placement suitable to the resident, convenient to the Service Provider's equipment, and
mutually agreed to by the City and City-contracted Service Provider.
1. "Detachable Container" means a wateRight metal or plastic container equipped
with a tight fitting cover, capable of being mechanically unloaded into a collection
vehicle, and that is not less than one cubic yard nor greater than eight cubic yazds in
capacity.
J. "Drop-box Container" means an all metal container with ten cubic yard or more
capacity that is loaded onto a specialized collection vehicle, transported to a disposal or
recycling site, emptied and transported back to the customer's site.
K. "Garbage" means all putrescible and nonputrescible solid and semi-solid
wastes, including, but not limited to, rubbish, ashes and discarded commodities that are
placed by customers in appropriate bins, bags, cans or other receptacles for collection by
city agents. The term "garbage" shall not include Special Wastes, swill,
construction/demolition materials segregated from other wastes, or source-separated
recyclables and yard debris.
L. "Garbage Can" means an approved container that is a water-tight galvanized
sheet metal or plastic container not exceeding four cubic feet or thirty-two gallons in
capacity; weighing not over fifry pounds when full; fitted with two sturdy handles, on
each side; and fitted with a tight cover equipped with a handle. All containers shall be
rodent, bird and insect resistant and kept in a sanitary condition at all times.
M. "King County Disposal System" means the areas owned, leased or controlled
by the King County Solid Waste Division, King County, Washington (per the County
Interlocal Agreement with the City) for the disposal of Garbage.
Ordinance 5968
February 23, 2006
Page 3 of 26
N. "Micro-can" means a container that is a water-tight galvanized sheet-metal
or plastic container not exceeding ten gallons in capacity or fifteen pounds in weight
when full; fitted with two sturdy handles, one on each side; and fitted with a tight cover
equipped with a handle. All containers shall be rodent, bird and insect resistant proof and
kept in a sanitary condition at all times.
0. "Mini-can" means a container that is a watertight galvanized sheet-metal or
plastic container not exceeding twenty gallons in capacity or thirty pounds in weight
when full; fitted with two sturdy handles, one on each side; and fitted with a tight cover
equipped with a handle. All containers shall be rodent, bird and insect resistant and kept
in a sanitary condition at all times.
P. "Minimum service level" means a single-family residential, multi-family
residential or commercial service at a ten gallon garbage can rate, or at adequate service
as determined by the Administrator. The average weekly size and frequency of garbage
service for a particular customer shall be as determined necessary to meet health
standards by the Administrator (adequate service).
Q. "Multi-family residence" means a multiple-unit residence with three or more
attached units served by a common garbage storage container. Mobile home parks with
common garbage storage containers are considered multi-family residences.
R. "Occupied uniY" is defined as all units having active city utility accounts.
S. "Person" means every person, firm, partnership, association, institution and
corporation. The term also means the occupant and/or the owner of the premises eligible,
entitled, or required to be served, or for which service is rendered, as described in this •
Chapter.
T. "Private Drive" means a privately owned or maintained way serving fewer than
four residences; or serving less than one residence for every 100 yards in distance.
U. "Private Road" means a privately owned and maintained way that allows for
access by a service truck and that serves four or more residences.
V. "Public Street" means a public way used for public travel, including public
alleys.
W. "Putrescible waste" means solid waste which contains material capable of
being readily decomposed by microorganisms.
X. "Recycling" means any process by which solid waste materials are
transformed into reusable resources or reusing waste materials and extracting valuable
materials From a waste stream.
Y. "Recyclables" means certain reclaimable materials that are separated from
garbage by the generator for recycling or reuse, including, but not limited to paper fibers,
metals, glass, plastics, organics and other materials.
Z. "Recycling Cart" means a service provider-provided 35-, 64- or 96-gallon
wheeled cart suitable for household collection, storage and curbside placement of
residential recyclables.
AA. "Recycling container(s)"means a service provider-provided container
suitable for on-site collection, storage and placement of recyclables at multifamily
residence and commercial customer locations.
Ordinance 5968
February 23, 2006
Page 4 of 26
AB. "Residence" and "Residential" mean living space(s) individually rented,
leased or owned.
AC. "Service Provider(s)"or "city agenY" means that entity(ies) holding a valid
contract(s) with the city to collect and dispose of solid waste.
AD. "Single Family Residence" means a one unit house, one unit of a duplex, or
a mobile home with individual garbage collection located on a public street or private
road. Residences located in an area that does not allow safe access, turn-around, or
clearance for service vehicles or on a private drive will be provided service if materials
are set out adjacent to a public street or private road. See also section 8.08.090 entitled
Containers - Special disposal regulations.
AE. "Solid waste" means garbage, recyclables and yard debris.
AT "Special CollecLion District" means the anneaed areas described in
Ordinances 5346, 5516, and 5937.
AGF. "Special Waste" means any discarded material from a non-residential
source including: process sludges, waste from a pollution control process, waste
containing free liquids, unknown chemical containing equipment removed from service,
residue from the cleanup of a spill of a waste chemical, contaminated residuals from the
cleanup of a facility associated with chemical waste, off-specifications and outdated
commercial products or chemicals, friable asbestos, asbestos-bearing process waste,
untreated medical waste, treated medical waste, residues/sludges from septic tanks,
incinerator ash, oil, paint and emission control filters.
I f16AH. "Swi1P" means and includes every waste accumulation of animal, fruit or
vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing
in or storing of ineat, fish, fowl, fruit and vegetables, except coffee grounds.
I t114AI. "WUTC" means the Washington Utilities and Transportation
Commission.
I A-}AJ. "Waste reduction" means reducing the amount or type of waste generated.
,43AK. "Yard debris" means leaves, grass clippings of woody as well as fleshy
plants. Non-flocked Christmas trees are acceptable as yard debris if cut up and bundled.
Material larger than four inches in diameter or four feet in length are excluded.
Degradable string or twine, not nylon or other synthetic material, shall secure bundles of
yard debris. (Ord. 5243 § 1, 1999; Ord. 5212 § 1(Exh. D), 1999; Ord. 4500 § 2, 1991.)
I A-KAL. "Yard debris cart" means a service provider-provided ninety six gallon
wheeled cart provided to subscribing single-£amily residences, multifamily residences
and commercial customers for the purpose of containing and collecting yard debris.
8.08.040 Removal and disposal - City powers.
This chapter empowers the city to buy, maintain or lease and operate equipment
for the removal and disposal of waste within the city in the event such altemative method
of disposal is deemed necessary by the city counciL (Ord. 5243 § 1, 1999; Ord. 5212 § 1
(Exh. D), 1999; Ord. 4500 § 2, 1991.)
8.08.050 Solid waste utility - Solid waste administrator.
Ordinance 5968
February 23, 2006
Page 5 of 26
For the purpose of carrying into effect the provisions and aims of this chapter,
there is created a solid waste utility. The solid waste administrator shall be the
administrative head of the solid waste utility. The solid waste administrator shall have
supervision of the collection of and disposal of solid waste and shall have full charge and
control of all work provided for and contemplated under this chapter and as may be
provided for by rules and regulations adopted by the city council and shall further have
charge of the enforcement of all charges for services rendered and shall exercise the
duties of the position under such regulations and restrictions set forth in any contracts
entered into between the city and the city's agent. (Ord. 5243 § 1, 1999; Ord. 5212 § 1
(Exh. D), 1999; Ord. 4500 § 2, 1991.)
8.08.060 Solid waste fund.
There is established a solid waste fund of the city. All receipts for the collection
and disposal of solid waste and all moneys received for the solid waste program shall be
deposited with the director of finance and shall become a part of the solid waste fund.
The expenses of establishing, conducting and operating the solid waste program shall be
paid therefrom, and the city council may also provide for additional revenue to be paid
into the fund from time to time. (Ord. 5243 § 1, 1999; Ord. 5212 § 1(Exh. D), 1999; Ord.
4500 § 2, 1991.)
8.08.070 Collection - General provisions.
A. The city's agents shall collect, remove and dispose of all solid waste from
single-family and multi-family residences and commercial establishments in the city at
least once each week, or as often as required by the solid waste administrator. All
occupied units are required to have minimum service or adequate service as required by
the administrator.
B. For the purpose of health, sanitation, and common good of the community, to
insure safe accumulation, storage, collection, transportation, and disposal of solid waste,
the city's agents shall be the exclusive agents of the city to collect, dispose, remove,
handle and transport solid waste within [he city limits for the purpose of recycling, waste
reduction, and composting.
C. Nothing in this chapter shail prohibit any person from transporting recyclable
materials, in his own vehicle either by himself or by his employees, and disposing of
waste products produced by himself so long as he complies with this chapter and any
other regulations of the city and the state dealing with solid waste management,
recycling, waste reduction, and composting.
D. Nothing in this section shall prohibit a contractor employed to demolish,
construct, or remodel a building or structure, including but not limited to land clearing
operations and construction wastes, from hauling waste created in connection with such
employment in equipment owned by the contractor and operated by the contractor's
employees.
Ordinance 5968
February 23, 2006
Page 6 of 26
E. Nothing in this section shall prohibit nonprofit corporations from collecting
recyclable materials. (Ord. 5243 § 1, 1999; Ord. 5212 § 1(Exh. D), 1999; Ord. 4500 § 2,
1991.)
8.08.080 Containers - Required.
A. All persons accumulating garbage in the city shall place and accumulate the
same in a garbage can, micro-can, mini-can, detachable container, drop-box container, or
such other collection container that is approved by the ciry's solid waste service
provider(s). Recyclables may be accumulated, for collection by the city service
provider(s), in recycling carts or recycling containers, or such other collection container
that is approved by the city's current service provider(s). Yard debris may initially be
accumulated for collection by the city service provider(s) in yard debris carts, and once
such cart is full, in such other collection container that is approved by the city's current
service provider(s) for overflow volumes.
B. It is the duty of the owner of any dwelling, flat, apartment house or mobile
home park to furnish or to see that his/her tenants have adequate garbage service and are
adequately supplied with such cans/containers.
C. A1l single family residential garbage shall be placed in a service-provider or
customer-provided garbage can, micro-can, mini-can or wheeled cart. In ali cases,
customers shall have at least one rigid container as their primary garbage container.
Plastic bags may be used for overflow volumes of garbage, but not as a customer's
primary container, and may be subject to an additional service charge or fee. All
containers shall be packed so that the contents of the container will dump out rapidly
when the container is inverted. Containers shall be located at their appropriate storage
location as required in Title 18 of ACC (Zoning) except on the day of scheduled pickup.
(Ord. 5243 § 1, 1999; Ord. 5212 § 1(Exh. D), 1999; Ord. 4500 § 2, 1991.)
D. All multifamily residential and commercial customer garbage shall be placed
in a service-provider or customer-provided garbage can, micro-can, mini-can, wheeled
cart, detachable container or drop-box container. Garbage cans, micro-cans, mini-cans,
wheeled carts and detachable containers shall be packed so that the contents of the
container will dump out rapidly when the container is inverted. All containers shall be
located in conformance with the requirements set forth in Title 18 of ACC (Zoning).
E. Garbage containers and other approved containers shall not weigh more than
the weight limits set forth in their respective definitions in ACC, Section 8.08.030
entitled Definitions. Garbage containers shall not be overloaded beyond the point where
covers can be securely replaced. Single family residential customers shall place all
garbage containers, micro-cans, mini-cans, recycling carts, yard debris carts or other
approved container at curbside on a public street or private road as provided in ACC
section 8.08.100 entitled Containers - Set out of containers - Anti-scavenging.
8.08.090 Containers - Special disposal regulations.
The provisions of this Chapter are subject to the proviso that in the case of
isolated dwellings or places of business located in sparsely settied portions of the city, or
Ordinance 5968
February 23, 2006
Page 7 of 26
where reasonable access cannot be had by truck, or where there are particular items of
solid waste which cannot be placed in suitable containers for collection, such solid waste
may, upon special permit of the solid waste administrator, be collected, removed and
disposed of in such a manner that the solid waste administrator approves and directs.
Garbage collection charges may be exempted at the discretion of the administrator. Solid
was[e, excluding yard debris, shall not be disposed of upon private premises by
incineration. Incineration of any yard debris or similar waste materials associated with
the clearing oF land may be permitted; provided, that such incineration shall conform to
all applicable fire and air quality codes, regulations and laws. (Ord. 5243 § 1, 1999; Ord.
5212 § 1(Exh. D), 1999; Ord. 4500 § 2, 1991.)
8.08.100 Containers - Set out of containers - Anti-scavenging.
A. All residential and commercial customer-generated solid waste shall be set out
for collection in the approved container ••ig"` '-°F r° es'°b':°''°''bv the service
provider s scheduled start time for the day for collection service, and such containers
shall be removed and replaced to their appropriate storage location within a reasonable
time following the established day for collection service, except when such established
day for collection falls on a designated holiday in which case collection will be conducted
on the next succeeding workday, and the containers shall be removed and replaced to
their appropriate storage location by the moming following collection.
B. Once recyclables and/or yard debris placed in service provider-provided
containers have been set out on the curbside, or at such other location agreed to by the
service provider pursuant to a service agreement with the city, ownership of those
recyclables and yard debris materials passes to the service provider under the terms of the
current service agreement with the city. It shall be unlawful for any person other than a
city-contracted service provider to remove or collect any such recyclables and/or yard
debris once they are set out on the curbside or other approved location. However, any
person may collect recyclables and yard debris materials delivered to such person at a
location where it is legal to accept such material.
8.08110 Containers - Cleanliness.
All persons shall have the duty to ensure that solid waste does not accumulate on
or around their property in a manner that causes such solid waste to become a public
nuisance both as to the amount of such solid waste or the odor emanating from such solid
waste. Each garbage can/container shall be kept clean inside and out so that no odor
nuisance shall exist, and the area around the cans/containers shall be kept in a neat and
sanitary condition. The city's service provider(s) shall provide written notification to the
administrator and the customer in question concerning any violations of this provision.
Any violation of this provision by a person shall subject the person to penalties described
in this Chapter as provided in ACC section 8.08.250 entitled Violation - Penalty.(Ord.
5243 § 1, 1999; Ord. 5212 § 1(Exh. D), 1999; Ord. 4500 § 2, 1991.)
8.08.120 Collection - Yard debris.
Ordinance 5968
February 23, 2006
Page 8 of 26
It shall be unlawful to dispose of residential or commercial yard debris by
commingling yard debris with the gazbage set out at curbside for collection by a service
provider(s) under contract with the city. Yard debris carts are provided for residential and
commercial recycling of yard debris and ease of curbside set-out for collection by the
city-contracted service provider(s). Yard debris will not be accepted for pickup by a city-
contracted service provider(s) if placed in plastic bags at curbside, or if the plastic bags
containing yard debris are placed in other approved containers for collection. Plastic bags '
aze considered a contaminant and are non-compostable. Once the service provider-
provided yard debris cart is full, approved containers for yard debris collection, including
plastic or galvanized garbage containers no larger than 32 gallons in size and
heavyweight brown paper bags, may be used for overflow volumes of yard debris.
Customer-owned containers used for the collection of overflow volumes of yard debris
shall be labeled with a durable sticker that clearly identifies the container's contents as
yard debris.
8.08.130 Disposal restrictions generally.
A. It is unlawful to deposit, throw or place any garbage, recyclables or yard debris
in any public street or other public place, or to deposit, throw or place any garbage,
recyclables or yazd debris in any private road, private drive or on any private property
regardless of ownership, unless said garbage, recyclables or yard debris is placed in
garbage cans and/or other approved collection containers, as described in this Chapter,
the covers of which shall not be removed except when necessary for the depositing or
removing of garbage, recyclables or yard debris; except, that vegetable wastes, ashes,
leaves, grass, plant cuttings and other organic debris may be composted on private
premises providing the compost site is maintained so as not to create odors, expose raw
garbage, allow garbage to become scattered or increase the risk from pests.
Nonputrescible garbage, animal wastes, and materials containing animal or vegetable fats
may not be composted.
B. It is unlawful far any person, firm or corporation, whether the source be
residential or commercial, to cause the placement of nonrecyclable solid waste in, upon,
or at any container(s), location, recycle drop station drop-off site, curb or area designated
for recyclable materials by the city or its agent within the Auburn city limits. (Ord. 5243
§ 1, 1999; Ord. 5212 § 1(Exh. D), 1999; Ord. 4500 § 2, 1991.)
8.08.140 Disposal restrictions.
A. Hazardous wastes as defined in RCW 70.105.010 (15), hazardous substances
as defined in RCW 70.105101 (14), hazardous househotd substances as defined in RCW
70.105.101 (13), moderate-risk wastes as defined in RCW 70.105.010 (17) and those
wastes included in the State of Washington Department of Ecology Dangerous Waste
Regulations found in Chapter 173-303 WAC shall not be disposed of through the city's
garbage, recyclables or yard debris collection system. Such wastes shall be delivered by
the person generating such waste to an appropriate and authorized handler of such wastes
for proper disposal. Any person found to have violated this provision shall be subjectto
Ordinance 5968
February 23, 2006
Page 9 of 26
both civil penalties and/or criminal prosecution under any and, all federal, state or local
laws that may apply or may be adopted in the future.
B. No hot ashes or hot clinkers shall be placed in any garbage cans or approved
containers for collection or removal. All kitchen, table, cooking, animal and vegetable
waste and offal, before being deposited in containers, shall be drained and wrapped in
paper or other material in such a manner as to prevent, as nearly as possible, moisture
from such garbage from coming in contact with sides or bottoms of the cans or
containers. Dishwater or other liquid or semi-liquid kitchen wastes that aze properly
disposable down the sanitary drains shall not be deposited in garbage cans or approved
containers.
C. It is unlawful for any person, firm or corporation conducting any hotel,
restaurant or any public eating place to deposit, throw or place swill or other waste food
matter in a lane, alley, street or other public place, or to deposit, throw or place any swill
upon any private property regardless of ownership. (Ord. 5243 § 1, 1999; Ord. 5212 § 1
(Exh. D), 1999; Ord. 4500 § 2, 1991.)
8.08.150 Collection - Contract.
A. The city may, at the discretion of the city council, contract with a private
operator for the collection, removal and disposal of all solid waste and other like
substances within the city limits, except for those areas subject to municipal contract for
garbage collection with a private operator, and existing franchises will not expire for a
period of seven years afrer annexation.
B. The ciry may enter into a contract with the successful bidder for the collection,
removal and disposal of all solid waste as provided in this Chapter. (Ord. 5243 § 1, 1999;
Ord. 5212 § 1(Exh: D), 1999; Ord. 4500 § 2, 1991.)
8.08.160 Collection - Only by contractor - Contract terms - Compliance
required.
Every person shall dispose of all solid waste promptly according to the terms of
this chapter, and no person shall perform any of the provisions of the contract referred to
in this Chapter except the city's agent. (Ord. 5243 § 1, 1999; Ord. 5212 § 1(Exh. D),
1999; Ord. 4500 § 2, 1991.)
8.08.170 Collection charges - Establishment.
The city council shall fix a schedule of fees to be charged and paid for the
collection of solid waste or for any other solid waste services. (Ord. 5243 § 1, 1999; Ord.
5212 § 1(Exh. D), 1999; Ord. 4500 § 2, 1991.)
I 8.08.180 Collection charges - Residential and commercial collections.
A. Services and charges herein shall become effective for each account on
January 1, 2002. Upon this date, services shall be provided at the 32-gallon can service
rate unless the finance department is notified otherwise by the tenant or property owner.
Ordinance 5968
February 23, 2006
Page 10 of 26
Likewise, unless the finance department is otherwise notified, services will automatically
revert to the 32-galion can service rate upon a change in propeRy tenancy or ownership.
Rates to be charged by the city for solid waste services shall be as follows:
Type of Service Monthly Charge
Residential Garbage and Recydiug Monthly Charge
One ten gallon micro-can, one pickup per week $ 3.81
One twenty gallon mini-can, one pickup per week $ 7.74
One thirty gallon can, one pickup per week $ 9.83
Two thirty gallon cans, one pickup per week $ 21.72
Three thirty gallon cans, one pickup per week $ 32.62
One thirty-five gallon cart, one pickup per week $ 12.08
One sixty-four gallon cart, one pickup per week $ 21.72
One ninety-six gallon cart, one pickup per week $ 30.27
Each extra thirty-two gallons (by volume), per pickup $ 9.42
Residential Yard Debris Monthly Charge
One ninety-six gallon yard debris cart, one pickup $ 6.48
per week, except every other week pickup from
December through March
One extra can/bag, per pickup $ 2.10
One extra cart, per pickup $ 3.34
Commercial Garbage and Recycling Monthly Charge
One ten gallon micro-can, one pickup per week $ 3.81
One twenty gallon mini-can, one pickup per week $ 7.74
One thirty gallon can, one pickup per week $ 9.83
Each extra thirty-two gallons (by volume), per pickup $ 9.42
One sixty-four gallon cart, one pickup per week $ 21.72
One ninety-six gallon cart, one pickup per week $ 36.50
One yard container, one pickup per week $ 73.08
One yard container, two pickups per week $138.63
One yard container, three pickups per week $20419
One yard container, four pickups per week $269.75
One yazd container, five pickups per week $33531
One and one half yard container, one pickup per week $ 93.90
One and one half yard container, two pickups per week $167.62
One and one half yard container, three pickups per week $246.07
One and one half yard container, four pickups per week $324.51
Ordinance 5968
February 23, 2006
Page 11 of 26
One and one half yard container, five pickups per week $402.96
Two yard container, one pickup per week $134.23
Two yard container, two pickups per week $256.82
Two yard container, three pickups per week $379.41
Two yard container, four pickups per week $502.00
Two yard container, five pickups per week $624.59
Three yard container, one pickup per week $192.20
Three yard container, two pickups per week $372.76
Three yard container, three pickups per week $553.32
Three yard container, four pickups per week $733.88
Three yard container, five pickups per week $914.44
Four yard container, one pickup per week $244.12
Four yard container, two pickups per week $471.76
Four yard container, three pickups per week $699.41
Four yard container, four pickups per week $927.06
Four yard container, five pickups per week $1,154.70
Six yard container, one pickup per week $311.56
Six yard container, two pickups per week $601.60
Six yard container, three pickups per week $891.63
Six yard container, four pickups per week $1,181.67
Six yard container, five pickups per week $1,471.70
Eight yard container, one pickup per week $380.48
Eight yard container, two pickups per week $736.75
Eight yard container, three pickups per week $1,093.01
Eight yard container, four pickups per week $1,449.27
Eight yard container, five pickups per week $1,805.54
Boeing special container pickups 0.53
Each extra yard (by volume), per pickup $ 2134
One yard compactor, one pickup per week $13036
One and one half yard compactor, one pickup per week $202.17
Two yard compactor, one pickup per week $234.42
Three yard compactor, one pickup per week $285.29
Four yard compactor, one pickup per week $378.94
Five yard compactor, one pickup per week $470.42
Commercial Yard Debris Monthly Charge
One ninety gallon cart, one pickup per week $ 731
One yard container, one pickup per week $ 32.96
Two yard container, one pickup per week $ 55.28
Each extra yard (by volume), per pickup $ 5.20
Ordinance 5968
February 23, 2006
Page 12 of 26
B. Multi-unit residential accounts must have the same type of service for each
occupied unit.
C. Garbage collections in excess of those included in the current monthly service
(as listed on the account) shall be at the rate of $9.42 per extra 32-gallons (by volume)
per pickup.
D. For temporary and roll off services, services and charges herein shall become
effective on January 1, 2002, and do not include tipping fees charged by the King County
Solid Waste Division which shall be added to the total service charges. Minimum
charges for temporary and roll off services include applicable delivery and pickup fees
and rental rates per month. Temporary and roll off service rates (not including tipping
fees) shall be as follows:
Temporary Container Service Mont6ly Charge
Two yard container $ 2734
Four yard container $ 37.35
Six yard container $ 4735
Delivery fee $ 31.00
Daily rent $ 1.10
~
Roll off Rate per pickup
Twenty yard drop box $ 75.23
Thirty yard drop box $ 8831
Forty yard drop box $ 94.85
Eight through twenty five yard compactor $130.83
Thirty yard compactor $130.83
Forty yard compactor $130.83
Permanent drop box rental fees Rent per month
Twenty yard drop box $ 65.77 '
Thirty yard drop box $ 7630
Forty yard drop box $111.83
Temporary drop box haul fees Rate per pickup
Twenty yard drop box $ 75.69
Thirty yard drop box $ 88.82
Forty yard drop box $ 90.00
Temporary drop box rental fees Rate per day
Twenty yard drop box $ 4.02
Thirty yard drop box $ 4.02
Ordinance 5968
February 23, 2006
Page 13 of 26
Forty yard drop box $ 2.50
E. Rental rates for dumpsters and drop boxes are required with the provision that
persons, firms or corporations may furnish their own detachable bulk containers on
approval of the solid waste administrator. These containers shall be constructed so that
they can be readily picked up by the service provider and the service provider's
equipment.
F. A deposit for all temporary containers 20 cubic yards or larger is required prior
to delivery. These charges are as follows:
Twenty cubic yard container $ 250.00 deposit
Thirty cubic yard container $ 400.00 deposit
As other temporary containers become available, a deposit shall be required for the use of
such container and the deposit amount shall be based on size. The amount of the deposit
shall be determined by the director of finance.
G. For miscellaneous services, services and charges herein shall become effective
on January 1, 2002 and shall be as follows:
Miscellaneous - Other Rate
Appliances $ 51.59
Refrigerator/Freezers $ 74.03
Sofas $ 51.59
Chairs $ 34.74
Mattresses $ 25.26
Tires: auto/light truck $ 17.26
bus/heavy truck $ 18.78
additional for rims or wheels $ 12.20
Miscellaneous refuse, per cubic yard $ 7836
Carry-out surcharge $ 5.20
Carry-out per can $ 1.13
Roll-out container $ 12.52
Pressure washing, per yard $ 2.10
Mileage charge over 15 miles $ 2.09
Retum trip $ 36.49
Solid drop box lid charge, per month $ 14.60
Stand-by time, per minute $ 2.92
Truck and driver, per hour $ 69.50
Additional Labor, per person $ 28.40
8.08.185 Snecial Collection District
All single familv. mLiltifamilv residences and commercial customers, located in
the Sqecial Collection District as detined herein. shall be considered to reside in the
Ordinance 5968
February 23, 2006
Page 14 of 26
special collectiun district. Garbage collection service will be pruvided bv a city
contractor and is not mandatory for all single familv residences. multifamily residences
and commercial customers in the special collection district. Services and char,es herein
shall become effective for each account on April l, 2006.
8.08.186 Collection charQes - Residential, multifamilv and commercial
collections - Special Collection Nstrict
Tvae of Service Monthlv CharQe
Residential Garbaee Monthlv Charge Rent/Mo
One twenty u~allon mini-can, one pickupper week $ 6.65 .40
One thirtyizallon can one pickup per week $ 10.25
Two thirtv gallon cans, one pickupper week $ 17.20
'1'hree thirtv gallon cans one pickupper week $ 24.50
Four thirtv gallon cans. one pickup per week $ 32.80
Five thirtv gallon cans, one pickup per week $ 40.00
Six thirty gallon cans. one pickup per week $ 50.50
One can month, 1" M T W T F $ 4.10
One thirty-two gallon toter, one pickup per week $ 10.25 1.00
One sixty gallon toter, one pickup per week $ 15.80 1.50
One ninetv gallon toter, one pickup per week $ 20.90 1.50
Each extra bag/box/can, per pickup $ 2.10
Residential Recvclina Monthlv Charee Rent/Mo
Thirty-four qallon Blue 4.79
Recycle ONLY -thirtv-four gallon Blue 6.33
Residential Yard Debris Monthly Char¢e
One thirty- two ~4allon yard debris can 6.06
One ninetv-six alg lon v'trd debris cart 6.06 1.50
Yard Waste ONLY Own thirty-two Qallon can $ 7.06
Ninetv gallon toter $ 7.06 1.50
One time vard-waste pickuo $ 8.00
Each additional unit w/ limit of ten $ 1.25
Residential Extra Services
Distance $.92 per can ner 25 1t
Drive in over 125 ft $ 6.00 per month
Ordinance 5968
February 23, 2006
Page 15 of 26
Overhead $ 1.03 per can
Oversize can $ 13.03 per inonth per can
Redeliver Chame $ 11.65 per changeh•edeliver
Return Trio Garbage $ 735 each
Return Trip RecYCle $ 9.90 each
Stairs $ .10 each step per can
Sunken $ 1. 13 per can
Pees/ Taxes/ Credits
Value of Recvclables Sold WUTC credits have not been established, and
will be passed on directly to the customer.
Multifamilv Garbage Rates Mouthlv Rate Monthlv itent
One twentv gallon mini-can, one pickup per week $ 7.58 $.40
One thirtv-two gallon can, one nickup per week $ 11.65 $.50
One sixty-four gallon cart, one pickupper week 9.19 $1.50
One ninety gallon cart, one pickup per week $ 28.68 $1.50
One yard container, one pickup per week $ 55.90 $6.60
One vard container, two pickups per week $111.80 $6.60
One yard contaiuer. three pickups per wcek $167.69 $6.60
One yard container, four pickups per week $223.58 $6.60
One yard container, five pickups per week $279.50 $6.60
One and one half yard container, one pickup per week $ 80.29 $7.40
One and one half yard container, two pickups per week $160.58 $7.40
One and one halPvard container, three pickuns per week $240.87 $7.40
One and one half vard container, four pickups per week $32116 $7.40
One and one half yard container, five pickups per week $401.45 $7.40
Two vard container, one pickup per week $104.00 $8.00
T'wo vard container, two pickups per wcck $207.98 $8.00 '
Two vard container, three nickups per week $311.98 $8.00
Two vard container, four nickups per week $416.00 $8.00
"1'wo vard coNainer, flve pickups per week $519.96 $8.00
Three yard container, one pickup per week $155.78 $9.50
Three yard container, rivo pickups per week $311.56 $9.50
Three yard container, three pickups per week $46734 $9.50
Three vard container, four pickups per week $623.12 $9.50
Three vard container. five nickups per week $778.86 $9.50
Four yard container one pickup per week $204.53 $11.00
Four yard container, two pickups per week $409.06 $11.00
Four yard container. three pickups per week $613.59 511.00
Four vard container, four pickups per week $818.12 S11.00
Ordinance 5968
February 23, 2006
Page 16 of 26
Fouryard container, fivc pickLiqs per week $1022.59 $11.00
Six yard container. one pickupper week $3322.8 $14.50
Six vard container. two pickups per week $645.66 $14.50
Six vard container, three pickups per week $968.49 $14.50
Six yard container, four pickups per week $1291.23 $14.50
Six vard container. five pickuos per week $1614.04 $14.50
Eight yard container, one pickup per week $425.75 $17.00
Eieht vard container, two pickups per week $851.44 $17.00
Eight vard container, three pickups per week $127715 $17.00
Eight yard container, four pickups per week $1703.00 $17.00
Ei[;ht vard container, Yive pickups per week $2158.59 $17.00
Multifamilv Snecial Pickups
One twentv gallon mini-can $ 10.48
One thir[v-two eallon can $ 1139
One sixtv-four gallon cart $ 12.46
One ninetv gallon cart $ 15.72
One yard container $ 1698
One and one half vard container $ 25.42
Two vard container $ 35.04
Three vard container $ 46.71
Four yard container $ 60.24
Six yard container $ 85.92
Eikht yard container $ 113.30
Multifamilv Comnaction ratio of 3.5 to 1 Rate Snecial Pickups
One yard compactor, tirst & each additional pickup $364.49 $ 84.12
Two vard compactor, (irst & each addifional nickup $452 97 $104 54
Three yard compactor first & each additional pickup $541.63 $125.00
Four vard compactor. first & each additional oickup $630.19 $145.44
Five yard compactor, 6rst & each additional nickup $718.71 $165 87
SiY yard compactor first & each additional pickuq $807 24 $186 30
Multifamilv Compaction ratio of 3.5 to 1 and 5 to 1 Rate Special Pickuns
One ylyd canpactor first & each additional pickup $401.89 $ 92J5
Two vard compactor tirst & eacll additional pickup $527 80 $121.81
Three vard compactor. Yirst R each additional pickup $653.94 $150.92
FoLir yard compactor, first & each additional pickup $780.03 $180.02
Five vard compactor, first & each additional nickup $913.14 $210.74
Ordinance 5968
February 23, 2006
Page 17 of 26
Six yard compactor, first & each additional pickuq 046.33 $241.48
Multifamilv Yard Debris MonthlV Charge
One ninety gallon cart. one pickup per week $ 28.68
One yard container, one pickup per week $ 55.90
Two vard eontainer, one pickup per week $104.00
Each extra vard (bv volume), per pickun $ 10.08
A Multi-unit residential accounts must have the same tvpe of seivice for each
occupied unit.
B. For temporarv and roll off services, services and charges herein shall become
effective on April 1, 2006. and do not include tipping fees charzed bv the KinQ Countv
Solid Waste Division which shall be added to the total service charges. Minimum
charges for temporary and roll oiT services include applicable delivery and pickup fees
and rental rates per month Temporary and roll off service rates (not including tipping
fees) shall be as follows:
Multifamilv Temporarv ContainerService Pickup Rate
One vard container $16.98
One and one half vard container $25.42
Two yard container $35.04
Three vard container $46.71
Four vard container $ 60.24
Six yard container $ 85.92
Light vard $113.30
Deliverv rate for temporarv containers one-six yard $40.00
Multifamilv Temporarv Container Service Rent/Dav Rent/Month
One yard container $1.00 $ 10.80
One and one half vard container $1.00 $ 11.25
Two vard contaiuer $1.00 $ 119s
Three vard container $1.00 $ 12.80
('our yard container $1.35 $ 13.70
9ix vard container $1.35 $ 16.25
Eiaht vard contaiiier $1.35 $ 18.85
Commercial Permanent dron-box Rate for frst & additional Pickuns
Rate Snecial Pickun
Ten yard drop box $ 100.00 $105.00
Ordinance 5968
February 23, 2006
Page 18 of 26
F'ifteen vard drop box $ 100.00 $105.00
Twentv yard drop box $ 100.00 $105.00
Twenty five vard drop box $ 108.00 $113.00
Thirtv vard drop box $ 108.00 $113.00
Thirtv five vard drop box $ 108.00 $113.00
Porty vard drop box $ 108.00 $113.00
Commercial Permanent drop box rentxl fees Rent ner month
Ten vard drop box $ 36.00
Fifreen vard drop box $ 44.00
Twentv vard drop box $ 52.00
Twentv five vard drop box $ 62.00
Thirty_vard drop box $ 70.00
Thirty five vard drop box $ 78.00
Fortv vard drop box $ 85.00
Commercial Temporarv drop box haul fees lleliverv /Pickup Rate ltent/llaY
Ten vard drop box $ 80.50 $ 2.80
Fifteen yard drop box $ 82.50 $ 2.80
Twenty yard drop box $ 84.50 $ 2.80
Tweutv five vard drop box $ 87.50 $ 2.80
Thirty vard drop box $ 93.50 $ 2.80
Thirtv five yard drop bos $ 95.55 $ 180
Fortv yard drop box $ 97.00 $ 2.80
Commercial Comnacted Material & each additional nickup
Pickup Rate
Ten vard drop box $ 130.00
Fifteen yard drop boa $ 130.00
Twentv vard drop box $ 130.00
"I'wentv five vard drop box $ 140.00
Thirty vard drop box $ 150.00
Thirtv tive vard drop box $ 150.00
Fortv vard drop boa $ 150.00
C Rental rates for dumpsters and drop boxes are required with the provision that
persons firms or corporations mav furnish their own detachable hulk containers on
approval of the solid waste administrator. These containers shall be constructed so that
thev can be readily picked up bv the service provider and the service qrovider's
equipment.
D. A prepav for all temporary containers 20 cubic yards or lareer is required prior
to deliverv. $ 500.00 prepav
Ordinance 5968
February 23, 2006
Page 19 of 26
As other temporary containers become available, a nrepay shall be required for the use of
such container The amount of Che prepav shall be determined in accordance with the
contractor's WUTC approved rates.
E For miscellaneous services services and charges herein sliall become effective
on Anril 1, 2006 and shall be as follows:
Commercial Miscellaneous - Other Rate
Loose and Bulkv Material
Fxtras percubicyard $10.08
Bulkv Materials 1-4 cubic vds, rate/vd $10.08
Bulky Materials Extra Cubic yards rate per pickup $10.08
Bulky Materials miuimum cost per pickun $10.08
Loose Materials (comoanv load) 1-4 cubic ydsh•ate/vd $10.08
Loose Materials (companv load)Xtra cubic vds rate/pickup $10.08
Loose Material (companv load) min cost per pickup $10.08
Loose & Bulkv Mateiial Carrv Charge per each Sft over 8f $.93
Time Rates Rate
Tvne of Equipment Ordered
Sj11~,le rear Drive axle truck and driver, non-packer truck $51.10
Siugle rear Drive axle, truck and driver
Packer truck drop box truck $56.10
Single rear Drive axles rate/hour/ extra person $29.55
Single rear Drive axle minimum cost
Non-oackertruck $51.10
Packer tnick dron box truck $56.10
Tandem rear drive axle, truck and driver
Non-packer truck packer truck drop box truck $56.10
Tandem rear drive axle. rate/hour/extra person
Non-packertruckpackertruck dron-box truck $29.55
Tandem rear drive axle, minimum cost
Non-packer truck nacker truck drop-box trucl< $56 10
Roll-out container $ 2.15 cart per uickim
Pressure washing qer yard $ .76
Pressure washiug minimum charRe $ 10.41
Steam cleanin;per vard $ .93
Steam cleanin~ minimum cliarge $ 11.12
9•uiiti7in,r ner varci $ • 1 1
Ordinance 5968
February 23, 2006
Page 20 of 26
Mileaae charge over 10 miles $ 2.00hnile
Return trips
Tvpe of receptacle Rate
Can, unit, miiii-can ~ 735
DrLim or bale or litter receptacle $ 7.15
Drop Box $ 19.95
Container $ 9.90
Toter. 32 64. 96 oalloiis $ 735
Recvclin<= containcrs $ 9.90
Commercial Garbaee Monthlv Charae Rent/Mo
First and each additional pickup
One thirtv gallon can one nickup per week $ 10.18 $.50
One sixty-four gallon cart, one pickun per week 16.25 $1.50
One ninetv t;allon cart one pickup qer week $ 24.26 $1.50
One vard container $ 46.58 $5.80
One and one half vard container $ 6630 $6.25
Two vard container $ 8536 $6.95
Three yard container $127.83 $7.80
Four vard container $167.26 $8.70
Six yard container $266.93 $11.25
Eightvard container $351.21 $13.85
Commereial Special Pickuns
One tliirty-two ¢allon can $ 7.72 ,
One sixty-four gallon cart $ 8.72
One ninety„gallon cart $ 10.67
One yard container $ 14.83
One and one half yard container $ 2219
Two vard container $ 30.74
Three vard container $ 40.26
Four vard container $ 51.64
Six vard container $ 73.02
Ei~ht vard container $ 96.10
Commercial Compactiou ratiu of 3.5 to 1 Rate Special Pickups
One vard compactor, tlrst & each additional pickup $408.69 $ 9432
Two yard compactor, first & each additional pickup $506.70 $116.94
Three vard compactor. firsc & each additional pickup $604.71 $139.56
Four yard compactor, first & each additional pickup $702.77 $162.19
Ordinance 5968
February 23, 2006
Page 21 of 26
Five vard comoactor, first & each additional pickup $ 800.78 $184.81
Six vard comnactor, tirst & each additional pickup $1018.26 $235.00
Commercial Compaction ratio of 3.5 to 1 and 5 to l Rate Special Pickups
One yard compactor, first & each additional pickup $450.63 $104.00
`I'wo yard compactor. first & each additional pickup $590.68 $136.32
Three yard comoactor. first & each additional pickup $730.72 $168.64
Four vard comnaccor, first & each additional pickup $870.93 $201.00
Five yard compactor, first & each additional pickup $1010.98 $23332
Six yard compactor, first & each additional pickup $1150.98 $265.63
Commercial Temporarv Container Service Pickun Rate
One vard container $14.83
- One and one half yard container $22.19
Two yard container $30.74
Three yard container $40.26
Four yard container $51.64
Six yard container $73.02
Eieht vard container $96.10
Deliverv rate for temporarv containers one-six vard $40.00
Commercial Temnorarv Container Service Rent/Dav Rent/Month
One yard container $1.00 $ 10.80
One and one half yard container $1.00 $ 11.25
I'wo yard container $1.00 $ 11.95
Three yard container $1.00 $ 12.80
Four yard container $1.35 $ 13.70
Six yard container $135 $ 16.25
EiQht yard container $135 $ 18.85
Miscellaneous - Other Rate
Gate Chan_,e $ 1.40
Commercial Yxrd Debris Monthlv CharEe
One ninetv eallon cartone pickup per week $ 24.26
One yard container, one pickup ner week $ 46.58
Two yard container, one pickup per week $ 8536
Each extra vard (by volwne). per pickup $ 10.08
Ordinance 5968
February 23, 2006
Page 22 of 26
F. Rental rates for dumpsters and drop boxes are required with the provision that
persons firms or corporations mav furnish lheir own detachable bulk containers on
approval of the solid waste administrator. These containers shall be constructed so that
thev can be readilv picked up by the seivice provider and the service provider's
equipment.
G A prepay for all temporary containers 20 cubic vards or larger is required prior
to delivery. These charees are as follows:
Tweniv cubic vard container $ 500.00 prepay
`I'hirtv cubic vard container $ 500.00 prepay
As otlier temporTiv contaiiiers become available, a prepay shall be required Yor the use of
such container and the prepay amount shall be based on size The amouut of the preuav
shall be detennined by the director of finance.
8:08.190 Special services.
A. Negotiated chazges. The solid waste administrator may negotiate with the
city's agents and certain businesses or industries where the volume or content of their
garbage would indicate that a rate other than those specified in this chapter would be
appropriate. Subsequent to each negotiation, an agreement between the business, the
city, and the city's agent shall be drawn.
B. Household Hazardous Waste Rates. The Seattle-King County department of
public health has the authority to levy a charge on every solid waste account within the
Auburn city limits located within King County for the purpose of funding hazardous
waste disposal programs. These charges are in addition to the charges specified herein.
The finance director is authorized to apply these charges to solid waste accounts as may
be duly authorized by the Seattle-King County department of public health.
C. Cany-Out Services for Residents with Disabilities. Carry-out service shall be
offered to households lacking the ability to place containers at the curb, at no additional
charge by the garbage service provider(s) that has entered into a current service
agreement with the ciry. The administrator shall use qualification criteria that is fair and
meets the needs of the city's residents with disabilities. Residents desiring carry-out
service must submit an application and documentation to justify their application to the
administrator. (Ord. 5243 § l, 1999; Ord. 5212 § 1(Exh. D), 1999; Ord. 4667 § 1, 1994;
Ord. 4500 § 2, 1991.)
8.08Z00 Miscellaneous fees and charges.
Solid Waste Collection Tax. In addition to the rates and charges herein, all service
users shall be charged the refuse collection tax and the solid waste collection tax. The
finance director is authorized to apply these taxes to all solid waste accounts as may be
required. (Ord. 5243 § 1, 1999; Ord. 5212 § I(Exh. D), 1999; Ord. 4500 § 2, 1991.)
8.08.210 Collection charge - Payment - Nonpayment action.
Ordinance 5968
February 23, 2006
Page 23 of 26
A. Charges for garbage and recycling services shall be compulsory and universal
~ except for customers in the Special Collection District. Services and-shall be billed
monthly or bimonthly as determined by the director of finance for all accounts within the
city limits, except that some recently annexed areas that may be served and billed by
existing service providers until City franchises are established with the service
provider(s). Charges or accounts shall be paid at the finance director's office 20 days
after the billing date appearing on the bi1L A delinquency charge of $15.00 or one percent
of the outstanding balance, whichever is greater, will be assessed 30 days after the
original bili date if payment is not received in the finance director's office. Nonpayment
of delinquent bills and associated charges over 45 days old shall result in 1) the
suspension of all city utility services to the subject property regardless of whether such
services are separately billed and/or 2) the removal of containers and reduction of service
to the 32-gallon can service, for which the customer shall continue to be charged and
remain liable for payment.
B. While accounts may be opened and maintained by tenants, the owners of the
property receiving the services shall be responsible for payment of all charges for the
service. Commercial customers who are tenants will be denied delivery of containers
until 1) a completed application is received and approved and 2) the owner signs a release
form accepting liability for unpaid charges. Unpaid charges for solid waste services may
become a lien against the property.
C. It shall be the responsibility of each person furnished solid waste service
service to notify the finance department of any address change or change in service.
(Ord. 5272 § 1, 1999; Ord. 5243 § 1, 1999; Ord. 5212 § 1(Exh. D), 1999; Ord. 4500 § 2,
1991.)
8.08.220 Suspending collection from customers.
A. Any residential or commercial customer that causes disruptions or conflicts
that make continued service to that customer unreasonable or unsafe may be denied
service or have their service discontinued at the discretion of the city. Disruptions or
conflicts may include, but not be limited to, repeated damage to service provider-owned
containers, repeated claims of timely set-out followed by demands for return collection at
no charge, repeated abuse of extra garbage and related items, repeated claims of service
provider(s) damage to a customer's property or other such problems. Customers that
have their service suspended/discontinued shall continue to be charged, and remain liable
for, the monthly charge for 32-gallon can garbage and recycling service, and shall be
responsible for making arrangements for having their solid waste properly disposed of in
a timely fashion.
B. The customer and owner shall be sent written notification by United States
mail to the address of the subject property twenty days prior to service being
suspended/discontinued. Service address may be notified by tagging of the container by
the City. The notification shall state the determiuation to suspend/discontinue service to
the subject property, and the specific reasons for the suspension/discontinuance. The
customer may, within fifteen days of mailing of said notification, request in writing an
Ordinance 5968
February 23, 2006
Page 24 of 26
evaluation on the determination of suspension/discontinuance. The evaluation request
shall be mailed or delivered to the city to the attention of the administrator. An
evaluation shall be set to include the finance director and is to be held within ten business
days of receipt by the city of the evaluation request. The decision of the administrator
shall be final.
8.08.230 Annexation.
The city shall notify the WUTC of any annexation of territory as part of the
finalization of the annexation process, and shall give notice that the city plans to exercise
its rights under Washington State law to cancel any franchise or permit granted in the
annexed territory for the collection of garbage. The city shall exercise its authority to
enter into an agreement with the holder of any such franchise or permit as required by
Washington State law.
8.08.240 City's administrative powers.
The city shall have the power, from time to time, in an appropriate manner, to set
forth and determine rules, regulations and rates, duties, responsibilities and necessary
salaries, and such other matters as may be necessary in the discretion of its city council
for the proper execution of this chapter. The city is empowered to carry out all the terms
and provisions of this chapter and to collect and dispose of waste in the manner provided;
however, the city shall not exercise such power if the city's agent is faithfully performing
any valid contract with the city, or unless the city purchases the property and franchise
rights of the coliector of waste. (Ord. 5243 § 1, 1999; Ord. 5212 § 1(Exh. D), 1999; Ord.
4500 § 2, 1991.)
8.08.250 Violation - Penalty.
Any violation of any of the provisions of this chapter shall be enforced pursuant
to the provisions of Chapter 1.25 ACC. (Ord. 5243 § 1, 1999; Ord. 5212 § 1(Exh. D),
1999; Ord. 4504 § 1, 1991; Ord. 4500 § 2, 1991.)
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. Severability. The provisions of this ordinance are
declared to be separate and severable. Tlie invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
Ordinance 5968
February 23, 2006
Page 25 of 26
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 4. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
DATED and SIGNED this _ day of _ .12006.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Published: "
Ordinance 5968
February 23, 2006
Page 26 of 26
CITY OF AUBURN
AGREEMENT FOR TOW SERVICES
THIS AGREEMENT made and entered into on this day of ,
2005, by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City" and , hereinafter referred to as the
"Contractor."
WITNESSETH:
WHEREAS, the City is seeking vehicles towing services ; and
WHEREAS, the City has selected the Contractor to perform such services pursuant to
certain terms and conditions; and
WHEREAS, the Contractor is qualified and able to provide such services and is willing
and agreeable to provide such services upon the terms and conditions herein contained; and
WHEREAS, as part of the consideration of being selected to provide such services, the
City is asking that the Contractor agree to provide towing services upon the terms and conditions
herein contained when summoned by the City's Police Department on behalf of the owner or
operator of a vehicle.
WHEREAS, as part of the consideration of being selected to provide such services, the
City is asking that the Contractor agree to assist law enforcement in the City and in the
surrounding area by determining whether an abandoned or impounded vehicle is stolen prior to
towing that vehicle, so that law enforcement can be alerted to stolen vehicles as quickly as
possible.
NOW, THEREFORE, the parties hereto agree as follows:
1. Time for Performance and Term of Aereement.
The Term of this Agreement shall commence on the date hereof and run for a period of
one year; provided, this Agreement shall automatically renew for subsequent one-year
periods upon the anniversary of the date of execution unless one party provides the other
with written notice of its intent not to renew at least thirty days prior to said anniversary
date. '
2. Administration of Aareement.
This Agreement shall be administered by , on behalf of
the Contractor, and by the Mayor ar designee, on behalf of the City.
3. Scope of Services.
The Contractor agrees to perform in a good and professional manner the tasks described
on Exhibit "A" attached hereto and incorporated herein by this reference, which shall be
individually referred to as a"task," and collectively referred to as the "services." The
Contractor shall perform the services as an independent contractor and shall not be
Page 1 of 14
deemed, by virtue of this Agreement and the performance thereof, to have entered into
any partnership, joint venture, employment or other relationship with the City.
4. Additional Services.
From time to time hereafter, the parties hereto may agree to the performance by the
Contrac[or of additional services with respect to related work or projects. Any such
agreement(s) shall be set forth in writing and shall be executed by the respective parties
prior to the Contractor's performance of the services there under, except as may be
provided to the contrary in Section 3 of this Agreement. Upon proper completion and
execution of an addendum (agreement for additional services), such addendum shall be
incorporated into this Agreement and shall have the same force and effect as if the terms
of such addendum were a part of this Agreement as originally executed. The
performance of services pursuant to an addendum shall be subject to the terms and
conditions of this Agreement except where the addendum provides to the contrary, in
which case the terms and conditions of any such addendum shall controL In all other
respects, any addendum shall supplement and be construed in accordance with the terms
and conditions of this Agreement.
5. This Contract Not Exclusive. The Contractor agrees that the City may at its sole option
enter contracts with one or mare other tow companies for the services contemplated and
described in this Agreement. 6. Contractor's Representations.
The Contractor hereby represents and warrants that the Contractor has all necessary
licenses and certifications to perform the services provided for herein, and is qualified to
perform such services.
7. Acceptable Standards.
The Contractor shall be responsible to provide, in connection with the services
contemplated in this Agreement, Work Product and services of a quality and proYessional
standard acceptable to the City.
8. Compensation.
a. Within seven (7) days of execution of this Agreement, the Contractor shall submit
to the City for its review and approval a proposed schedule of fees to be charged
under this Agreement, including first hour charges. Until the City has approved
such schedule, the City may choose to not request services from the Contractor
under this Agreement. The Contractor may not charge any fees not set forth in
the approved fee schedule, and any changes to the schedule shall be submitted to
the City for its review and approval prior to such fees being charged by the
Contractor. The City maintains the right to terminate or not renew this
Agreement if it deems the fees set out in the fee schedule to be too high.
b. The City shall compensate the Contractor for any City vehicles towed or stored
upon request of authorized City personneL The Contractor shall submit to the
City an invoice or statement of time spent on those tasks or services set Forth in
Exhibit "A" for which the Contractor seeks payment. The City shall process the
Page 2 of 14
invoice or statement in the next billing/claim cycle following receipt of the
invoice or statement, and shall remit payment to the Contractor thereafter in the
normal course, subject to any conditions or provisions in this Agreement.
C. Unless agreed to in writing prior to the tow of a vehicle, the City shall not be
responsible for towing, storage, or impound fees for any vehicle not owned or
operated by the City, including non-impound vehicles towed or stored upon
request of the City's Police Department and impounded vehicles; provided, for
vehicles impounded for evidentiary purposes, the City shall pay such towing,
storage, or impound fees that accrue from the time of impound until the City of
Auburn Police Department releases its hold on such vehicles; and further
provided, should a court oF competent jurisdiction rule that an impound was
improper, the City shall compensate the Contractor for such towing, storage, or
impound in an amount found by said court.
c. For any tow, storage, or impound fee not paid by the City, the Contractor may
seek compensation from the owner of said vehicle at the rates specified in Section
8a of this Agreement, and may take such other steps as authorized by law to
obtain compensation.
9. Work Performed at Contractor's Risk.
The Contractor shall take all precautions necessary for, and shall be responsible for, the
safety of its employees, agents, and subcontractors in the performance of the work
hereunder and shall utilize all protection necessary for that purpose. All work shall be
done at the Contractor's own risk, and the Contractor shall be responsible for any loss of
or damage to materials, tools, or other articles used or held for use in connection with the
work.
10. Stolen Vehicle Check. Prior to towing any impounded or abandoned vehicles from its
existing location to the Contractor's Storage Lot or any other destination, the Contractor
shall check the vehicle's identification numbers ("VIN") against the Washington State
Crime Information Center ("WSCIC") and the National Crime Information Center
("NCIC") stolen car databases, regardless of whether such tow is undeRaken pursuant to
this agreement or is undertaken for any other customer either within or outside of the City
of Auburn. Should the VIN of any such vehicle appeaz in either the WSCIC or NCIC
database as stolen, the Contractor shall notify a law enforcement agency with jurisdiction
over the vehicle's location prior to towing the vehicle.
11. Records Insnection and Audit.
All compensation payments shall be subject to the adjustments for any amounts found
upon audit or otherwise to have been improperly invoiced, and all records and books of
accounts pertaining to any work performed under this Agreement shall be subject to
inspection and audit by the City for a period of up to three (3) years from the final
payment for work performed under this Agreement.
12. Continuation of Performance.
In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the Contractor agrees that, notwithstanding such dispute or conflict, the Contractor
Page 3 of 14
shall continue to make a good faith effort to cooperate and continue work toward
successful completion of assigned duties and responsibilities.
13. Notices.
All notices or communications permitted or required to be given under this Agreement
shall be in writing and shall be served either in person or by certified mail, return receipt
requested, at the following addresses:
City of Auburn Contractor
Aubum City Hall
25 West Main
Aubum, WA 98001-4998
(253) 931-3000 FAX (253) 931-3053
All such notices or communications shall be effective upon the date of receipt.
14. Insurance.
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Contractor shall obtain insurance of the
types described below:
(1) Automobile Liabilitv 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.
(2) Commercial General Liabilitv insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, stop gap liability, and personal injury and adveftising
injury and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to
provide the Aggregate Per Project Endorsement ISO form CG 25
03 11 85. There shall be no endorsement or modification of the
Commercial General Liability insurance for liability arising from
explosion, collapse, or underground property damage. The CiTy
shall be named as an additional insured under the Contractor's
Commercial General Liability insurance policy with respect to the
work performed for the City using ISO Additional Insured
Endorsement CG 20 10 10 01 and Additional Insured-Completed
Operations endorsement CG 20 37 10 01 or substitute
endorsements providing equivalent coverage.
Page 4 of 14
(3) Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
b. Minimum Amounts of Insurance. Contractor shall maintain the following
insurance limits:
(1) Automobile Liabilitv insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
(2) Commercial General Liabilitv insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a$2,000,000 products-completed operations
aggregate limit.
c. Other Insurance Provisions. The insurance policies are to contain, or be
endorsed to contain, the following provisions for Automobile Liability,
Professional Liability, and Commercial General Liability insurance:
(1) 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 in excess of the
Contractor's insurance and shall not contribute with it.
(2) The Contractor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party except after thirty (30) days'
prior written notice by certified mail, retum receipt requested, has
been given to the City.
d. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A:VII.
e. Verification of Coverage. The Contractor shall furnish the City with
documentation of insurer's A.M. Best rating and with original certificates
and a copy of amendatory endorsements, including but not necessarily
liinited to the additional insured endorsement, evidencing the insurance
requirements of the Consultant before commencement of the work.
f. Subcontractors. The Contractor shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and
endorsements for each subcontractors. All coverages for subcontractors
shall be subject to all of the same insurance requirements as stated herein
for the Contractor.
g. No Limitation. Contractor's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Contractor to
the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
Page 5 of 14
15. Indemnification.
The Contractor shall indemnify defend and hold harmless the City and its officers,
officials, agents and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of
or arising out of the act or omission of the Contractor, its officers, agents, employees, or
any of them relating to or arising out of the performance of this Agreement. If a final
judgment is rendered against the City, its officers, agents, employees and/or any of them,
orjointly against the City and the Contractor and their respective officers, agents and
employees, or any of them, the Contractor shall satisfy the same to the extent that such
judgment was due to the Contractor's negligent acts or omissions.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
the Contractor and the City, its officers, officials, employees, and volunteers, the
Contractor's liability hereunder shall be only to the extent of the Contractors negligence.
It is further specifically and expressly understood that the indemnification provided
herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title
51 RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
16. Assi ng ment•
Neither party to this Agreement shall assign any right or obligation hereunder in whole or
in part, without the prior written consent of the other paRy hereto. No assignment or
transfer of any interest under this Agreement shall be deemed to release the assignor from
any liability or obligation under this Agreement, or to cause any such liability or
obligation to be reduced to a secondary liability or obligation.
17. Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the party or
parties to be bound, or such party's or parties' duly authorized representative(s) and
specifying with particularity the nature and extent of such amendment, modification or
waiver. Any waiver by any party of any default of the other party shall not effect or
impair any right arising from any subsequent default. Nothing herein shall limit the
remedies or rights of the parties hereto under and pursuant to this Agreement.
18. Termination and Suspension.
Either party may terminate this Agreement upon written notice to the other party if the
other party fails substantially to perform in accordance with the terms of this Agreement
through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven (7) days written notice
to the Contractor if the services provided for herein are no longer needed from the
Contractor.
Page 6 of 14
If this Agreement is terminated through no fault of the Contractor, the Contractor shall be
compensated for services performed prior to termination in accordance with the rate of
compensation provided in Section 8 hereof.
19. Parties in Interest. •
This Agreement shall be binding upon, and the benefits and obligations provided for
herein shall inure to and bind, the parties hereto and their respective successors and
assigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive
benefit of the parties hereto and it does not create a contractual relationship with or exist
for the benefit of any third party, including contractors, sub-contractors and their sureties.
20. Costs to Prevailing Partv.
In the event of litigation or other legal action to enforce any rights, responsibilities or
obligations under this Agreement, the prevailing parties shall be entitled to receive its
reasonable costs and attorney's fees.
21. Applicable Law.
This Agreement and the rights of the parties hereunder shall be governed by and
interpreted in accordance with the laws of the State of Washington and venue for any
action hereunder shall be in King County, Washington; provided, however, that it is
agreed and understood that any applicable statute of limitation shall commence no later
than the substantial completion by the Contractor of the services.
22. Cantions, Headings and Titles.
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or sections to
which they apply. As used herein, where appropriate, the singular shall include the plural
and vice versa and masculine, feminine and neuter expressions shall be interchangeable.
Interpretation or construction of this Agreement shall not be affected by any
determination as to who is the drafter of this Agreement, this Agreement having been
drafred by mutual agreement of the parties.
23. Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provision hereof is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect
the validity of the remainder of this Agreement.
24. Entire Agreement.
This Agreement contains the entire understanding of the parties hereto in respect to the
transactions contemplated hereby and supersedes all prior agreements and understandings
between the paRies with respect to such subject matter.
25. Counterqarts.
This Agreement may be executed in multiple counterparts, each of which shall be one
and the same Agreement and shall become effective when one or more counterparts have
been signed by each of the parties and delivered to the other party.
Page 7 of 14
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN CONTRACTOR
Peter B. Lewis, Mayor By:
Attest:
Danielle E. Daskam City Clerk
Approved as to form:
Daniel B. Heid, City Attorney
Page 8 of 14
EXHIBIT A
SERVICES & SCOPE OF WORK
Scope of Services.
1. The Contractor shall tow, store, protect, and release or otherwise dispose of:
a. Vehicles ordered impounded by the Police Department; or
b. Vehicles otherwise ordered to be towed by the City's Police Department; or
C. Vehicles requested to be towed by the City's Police Department on behalf of a
vehicle's owner and/or operator, who has selected the Contractor from an officer-
provided list of City-licensed tow companies; or
d. Any City vehicles requiring towing services upon request of authorized City
personnel.
2. The Contractor shall provide such ancillary services as set forth herein, as directed by the
City.
3. The Contractor shall have the following equipment on hand for use in performing the
contract:
a. Sufficient Vehicles. Contractor shall have a sufficient number of tow trucks of
adequate size and capacity, togcther with operating personnel, to respond to
requests for services within the times specified herein, The Contractor shall have
at least three (3) Class A tow trucks and drivers on call at all times. Tow Trucks
must be approved and certified by the Washington State Patrol as set forth in
WAC 204-91A-050 and any other applicable law, statute, or rule as now enacted
or hereafrer amended.
b. Class "C" Tow Truck. By ownership, lease, purchase contract, or temporary use
agreement, the Contractor shall at all times have available the use of a heavy-duTy
tow truck as defined by WAC 204-91A-170 relating to Class "C" tow trucks as
now enacted or hereafter amended, together with a driver skilled and licensed in
its operation
c. Telephone. The Contactor shall have telephone equipment and service in proper
working order at its dispatch office twenty-four (24) hours per day for sending
and receiving calls.
d. Facsimile. The Contractor shall have facsimile equipment and service in proper
working order at its dispatch office twenty-four (24) hours per day for sending
and receiving facsimiles.
Page 9 of 14
e. Radio. The Contractor shall provide two-way radio communications equipment
and service in proper working order between its dispatch office and each tow
truck used to impound vehicles pursuant to this Agreement.
£ Cellular Phone. The Contractor shall provide two-way cellular communication
equipment and service in proper working condition to its dispatch office and to
each tow truck used to impound vehicles pursuant to this Agreement.
4. Facilities. The Contractor shall have the following facilities available for use in
performing the contract:
a. Dispatch Office. The Contractor shall provide a staffed dispatch office twenty-
four (24) hours per day seven (7) days per week, which shall be capable of
receiving City requests for vehicle impound, towing, or redemption; verifying
vehicle impounds and vehicle impound information; and dispatching personnel
and equipment to the site of a requested impound or tow. From 8:00 a.m. to 5:00
p.m., excluding weekends and holidays, the Contractor shall maintain an in-house
dispatcher. From 5:00 p.m. to 8:00 a.m. the Contractor may utilize a hired
dispatch service.
b. Storage Lot. The Contractor shall, at all times, provide a local storage lot
complying with all applicable laws, statutes, rules, and regulations that is within
the Auburn City limits and no more than one-half mile walking distance from a
bus route. Except as otherwise directed by the City, or its authorized
representative, vehicles impounded pursuant to this Agreement shall be towed
directly to the local storage lot. Privately-owned non-impound vehicles shall be
towed to the location specified by the registered owner or other person
responsible for the vehicle, or to the nearest storage lot if no other location is
specified.
c. Physical Conditions and Security. The Contractor's storage lot will be kept
surfaced, graded, drained, lighted, and free of obstacles and hazards at all times,
so that persons redeeming vehicles have safe and convenient access to the
vehicles. The ContracYor shall provide adequate security at its storage lot to
prevent loss or damage to vehicles or their contents. All such lots shall be
screened and fenced in accordance with state law and city ordinances, gates shall
be securely locked at all times when an attendant is not on duty on the premises,
and all vehicles shall be locked, if possible.
d. Sheltered Space. The Contractor shall provide adequate shelter at its storage lot
for motorcycles, open convertibles, or other vehicles open and exposed to the
elements, and will store such vehicles under the shelter when reasonable or
necessary to protectsuch vehicles.
e Approval Required. The storage lot will be subject to the initial and continuing
approval of the Chief of Police or designee, with respect to meeting the
requirements of this Agreement.
Page 10 of 14
5. PersonneL The qualifications for the Contractor's personnel employed in performing this
Agreement shall be as follows:
a. Skill and Supervision. The Contractor shall employ only persons competent and
skilled in the performance of the work assigned to them and shail provide skilled,
responsible supervisions and training for such persons.
b. License and Insurance Required. Any person operating a tow truck on behalf of
the Contractor shall have a valid Washington Drivers License, shall have all
licenses necessary to operate a tow truck in the State of Washington, and shall be
insured according to the terms of this Agreement and legal requirements
applicable to the industry.
C. Courtesy. The Contractor and its agents and employees shall be courteous at all
times when performing work under this Agreement. The use of abusive, indecent,
offensive, coarse or insulting behavior or language during the performance of this
Agreement shall be deemed a violation of this Agreement.
d. Appearance. During the performance of this Agreement, the Contractor's
personnel shall maintain a professional, personal appearance, shall be dressed in
clothing approved by the Contractor, and shall be free of excessive dirt, grease,
and grime. The failure of tow truck operators to present themselves in a neat,
clean and professional manner while performing pursuant to this Agreement shall
be deemed a breach of this Agreement.
6. Procedures. The Contractor shall institute the following procedures in performing the
Agreement:
a. Care and Ski1L The Contractor shall use reasonable care and skill in towing
and/or impounding vehicles and will not damage them through lack of reasonable
care.
b. Response Time. The Contractor shall dispatch a tow truck to the location
specified by the City immediately upon receiving a request for impound/tow. A
tow truck of the proper class shall amve at the site of impound/tow within twenty
(20) minutes of the time the Contractor receives the impound request. In the
event a Class C tow truck is necessary, a Class C tow truck shall amve at the site
of the impound/tow within thirty (30) minutes of the request. The Contractor
shall immediately report any delay in response time due to heavy traffic volume
or otherwise.
C. Storage. All vehicles shall be handled and returned in substantiality the same
condition as they existed before being towed. The Contractor will not store any
towed and/or impounded vehicle on public streets, public property, or any place
other than an approved storage lot.
d. Notice to Legal Owners. When a vehicle is impounded, the Contractor will notify
the legal owners pursuant to the requirements of RCW 46.55.110 and all other
Page 11 of 14
applicable laws, statutes, rules, regulations, or City ordinances as now enacted or
hereafter amended.
e. Written Itemized Account of Impound to be Delivered to the Court. Within
twenty-four (24) hours of receiving written or verbal notice that a person is
contesting the impound of a vehicle, or the next business day, whichever occurs
first, the Contractor shall provide the King County District Court with a written
itemized accounting of tow and impound charges conforming to the Agreement
rates, together with a copy of all documents generated and in the possession of the
Contractor relating to that tow. All documents provided to the couR pursuant to
this Agreement shall be accompanied by an affidavit ensuring that the information
contained in such documents is true and correct that the documents were prepared
in the regular course of business at or near the time of the impound or the
accruing other costs of the impound, and that they are being provided by the
custodian of records of the Contractor. The Contractor shall make a.
representative available for testifying in court when necessary.
£ Release of vehicle. If a vehicle has been impounded because the driver had a
suspended license, the Contractor shall not release a vehicle prior to the
termination of any mandatory impound period absent an order from the Auburn
Police Departrnent, the King County District Court, or the Aubum CiTy
Attomey's Office. Prior to releasing any vehicle, the Contractor shall verity that
the person redeeming the vehicle has a valid Washington Driver's License. The
Contractor shall deliver possession of properly redeemed vehicle not more than
thirty (30) minutes afrer payment of the impound fee set forth in this Agreement
or required by law.
g. Personal Property. The personal property and contents of towed or impounded
vehicles shall be handled in the manner required by RCW 46.55.090, WAC 204-
91A-130, and any other applicable law, statute, rule, or regulation, as now enacted
or hereafter amended. The City of Aubum will not accept personal propeRy set
forth in WAC 204-91A-130(1)(a)-(m). The property/evidence officer must be
contacted before any property is brought to the police station. City of Auburn
personnel will not transport the property. Copies of the Vehicle Inventory and
Authorization/Impound forms must accompany the property when submitted by
Contractor to the property officer.
h. Abandoned Vehicles. The Contractor shall dispose of abandoned vehicles in the
possession of the Contractor pursuant to all applicable laws, statutes, rules and
regulations.
i. Removal of Junk Vehicle or Parts Thereo£ Upon receipt of a"Junk Vehicle
Verification, Notification and AffidaviY' form or its equivalent from the Aubum
City Police Department, the Contractor shall remove the designated junk vehicles
or parts thereof to a disposal site. Costs of such removal shall he recovered by the
Contractor in accordance with RCW 46.55.130 as now enacted or hereafter
amended.
Page 12 of 14
j. Receipt The Contractor shall prepure a receipt using uniform, sequentially
numbered forms for every impounded vehicle which leaves Contractor's
possession. The Contractor shall deliver one (1) copy of the receipt to the person
to whom the vehicle is delivered and shall keep one (1) copy, filed in the order of
the receipt number. The receipt shall state:
(1) The date and time of delivery to the claimant;
(2) The name, address, and Washington State (or other State) driver's license
number of the person to whom it is delivered;
(3) The name and address of the employer or principal of such person, if such
person is the agent for the registered owner or purchaser of the vehicle;
(4) The name and address of the vehicle's registered owner at the time of
impound, if known;
(5) Either:
(a) an itemized statement of the impound, storage, and extra charges
collected by the Contractor, if redeemed by payment of charges; or
(b) a complete statement of moneys or other consideration paid for the
vehicle if sold;
(6) The signature of the person to whom it is delivered acknowledging such
delivery and payment, if any; and
(7) The signature of the Contractor's employee making such delivery and
receiving such payment, if any.
k. Records. The Contractor shail keep all records pertaining to vehicles impounded
pursuant to this Agreement for at least three (3) years following the expiration or
termination of the Agreement. The Contractor shall keep the records in an orderly
manner to assure easy access and reference to the records and shall make all
records available for inspection and copying by the City at all times between 8:00
a.m. and 5:00 p.m. Monday through Friday, and at all other times when
employees having charge of the records are present at Contractor's office.
The Contractor shall provide the Auburn Police Department and the Auburn City
Attorney's Office with a quarterly list of the vehicles impounded because the
driver had a suspended license, which shall include the name of the registered
owners, whether the vehicle was redeemed by the owner or by another person,
and the disposition of the vehicle if not redeemed.
1. Removal of Debris. Unless otherwise directed, the Contractor shall at no
additional cost remove from the location of an impound/tow any broken glass or
other debris resulting from a collision involving the vehicle, before towing the
vehicle away. The Contractor shall dispose of all such debris in a lawful manner.
Page 13 of 14
1
M. Complaints. The Contractor shall promptly and courteously respond to
complaints. This shall include furnishing a complainant with contact information
for the Contractor's insurance company and its claims agent if requested.
7. Contractor to Maintain Records to Support Independent Contractor Status. On the
effective date of this Agreement (or shortly thereafter), the Contractor sha1L•
a. File a schedule of expenses with the Internal Revenue Service for the type of
business the Contractor conducts;
b. Establish an account with the Washington State Deportment of Revenue and other
necessary state agencies for the payment of all state taxes normally paid by
employers, register to receive a unified business identifier number from the State
of Washington; and
c. Maintain a separate set of books and records that reflect all items of income and
expenses of Contractor's business, all as described in RCW Section 51.08.195, as
required to show that the services performed by Contractor under this Agreement
do not give rise to an employer-employee relationship which would be subject to
RCW Title 51, Industrial Insurance.
8. Right to Inspect. The City shall have the right to inspect the Contractor's facilities and
equipment to ensure that the provisions of this Agreement aze followed. Inspections shall
occur during normal business hours. The refusal of the Contractor to permit such
inspections shall be a breach of this Agreement and may result in immediate termination
by the City.
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