HomeMy WebLinkAboutGREAT WESTERN RECLAMATION, INC.- A-93-045 (2) 93'6ys'
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AGREEMENT FOR COLLECTION AND HANDLING
CLE K OF pOUIICILOF SOLID WASTES GENERATED, PRODUCED AND/OR
DATE: '70l.3 ACCUMULATED IN THE CITY OF SANTA ANA
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THIS AGREEMENT, made and entered into this >6tiday of
, 1993 , by and between the City of Santa Ana, a
municipal corporation of the State of California, hereinafter
referred to as "CITY, " and Great Western Reclamation, a division of
Waste Management Collection and Recycling, Inc. , a California
corporation, hereinafter called, "CONTRACTOR, "
RECITALS
1. The Legislature of the State of California, by enactment of
California Integrated Waste Management Act of 1989 , Division 30 of
the California Public Resources Code, commencing with Section 40000
("CIWMA") , declares that it is within the public interest to
authorize and require local agencies to make adequate provisions
for solid waste handling within their jurisdictions.
2 . In the opinion of the City Council of the City of Santa
Ana, the public health, safety and well being require that the
collection, transportation, and recycling, diversion by means of
composting, mulching and/or transforming, and disposal of solid
waste, including, but not limited to, the frequency and means of
such collection, transportation and recycling, yard waste diversion
or disposal, and the charges and fees therefor, be provided by
contract to a qualified contractor.
3 . The City Council of the City of Santa Ana furtherdeclares
its intention of maintaining reasonable rates for the collection,
transportation and recycling, yard waste diversion and/or disposal
of solid waste.
4. The City Council of the City of Santa Ana desires that
CONTRACTOR be engaged to provide for both the collection of solid
wastes within the corporate limits of the City of Santa Ana and the
transportation of such solid wastes to appropriate places of
processing, recycling, yard waste diversion, and disposal, and to
perform such services on the basis set forth in this Agreement.
NOW, THEREFORE, in consideration of the respective and mutual
covenants and promises hereinafter contained and made, and subject
to all the terms and conditions hereof, the parties hereto do
hereby agree as follows:
1. GRANT OF CONTRACT:
CITY hereby grants to CONTRACTOR, for the term hereinafter set
forth, the contract, right and privilege to collect, recycle,
divert by means of composting, mulching, and/or transforming,
dispose and transport, to appropriate facilities as set forth in
this Agreement, all solid wastes (as herein, defined and subject to
the terms herein) generated, produced, kept and/or accumulated in
the City of Santa Ana, and CONTRACTOR, subject to all of the terms
hereof, hereby accepts and agrees to faithfully perform such
contract and obligation.
2. TERM OF CONTRACT:
(a) The term of this Agreement shall begin on July 1, 1993
and shall extend to June 30, 1998 . In addition, the term hereof
may be extended by the CITY, at its sole option, for an additional
two (2) year period on the same terms and conditions as follows:
(1) This Agreement shall only be extended for such
additional two (2) year period if CITY provides CONTRACTOR .with
written notice of the CITY 'S intent to exercise its option under
this provision by May 1, 1997 . The CONTRACTOR must respond to this
request for extension of this Agreement within thirty (30) days of
receipt of such written notification by. CITY. Should CONTRACTOR
fail to respond within the thirty (30) days, the CITY'S shall
withdraw its request to exercise its option under this Agreement. . -
3. DEFINITIONS:
As used in this Agreement, the following words and phrases
shall have the meaning assigned in this section, unless the context
at the point of usage clearly requires a different meaning.
(1) . Auditor shall mean the certified public accountant firm
retained by City for auditing services.
(2) . Bin Service shall mean all solid waste collection
services provided by CONTRACTOR by means of front-loaded collection
bins of various sizes.
(3) . California Integrated Waste Management Act shall mean
that act codified by California Public Resources Code Sections
40000 et seq. , and any subsequent amendments thereto.
(4) . California Integrated Waste Management Board shall mean
the Board created by the California Integrated Waste Management
Act, and any subsequent modifications thereto, and shall encompass
any other agency which assumes the duties of this Board.
(5) . CITY shall mean the City of Santa Ana.
(6) . City Attorney shall mean the City Attorney of CITY.
(7) . City Council shall mean the City Council of CITY.
(8) . City Manager shall mean the City Manager of CITY.
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(9) . Clerk of the Council shall mean the Clerk of the Council
of CITY.
(10) . Code shall mean the Municipal Code of CITY, both
codified and miscellaneous ordinances.
(11) . Commercial✓Industrial Bin Service shall mean bin service
which is provided by CONTRACTOR to commercial and/or industrial
units.
(12) . Commercial Solid Wastes shall mean solid waste
originating from stores, business offices, commercial warehouses,
hospitals, educational, health care, military and correctional
institutions, non-profit research organizations and government
offices.
(13) . Compost means the product resulting from the controlled
biological decomposition of organic wastes that are source
separated from the solid waste stream.
(14) . Composting means a method of waste treatment which
produces a product meeting the definition of "compost" herein.
(15) . Composting Facility means a state permitted solid waste
facility at which composting is conducted and which produces a
product meeting the definition of compost.
(16) . Construction and Demolition Solid Waste includes solid
wastes, such as building materials, and packaging and rubble
resulting from construction, remodeling, repair and demolition
operations on streets, pavements, houses, commercial buildings, and
other structures.
(17) . Contract shall mean this Agreement, entered into between
CITY and CONTRACTOR.
(18) . CONTRACTOR shall mean Great Western Reclamation, a
division of Waste Management Collection and Recycling, Inc. , a
California corporation, and shall include the parent agency Waste
Management, Inc.
(19) . Curbside Service Unit shall mean each single family
residence and duplex unit which receives curbside collection
services provided by CONTRACTOR. This shall include commercial
curbside users and any multi-family, business or professional user
which does not require bin service as determined by the Executive
Director.
(20) . Customer shall mean a user of CONTRACTOR' s bin or roll-
off container service.
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(21) . Disposal Site shall mean any site permitted by the
California Integrated Waste Management Board for the receipt and
ultimate disposition of solid waste.
(22) . Executive Director shall mean the Executive Director of
Public Works of CITY, or his or her designate.
(23) . Gate Fees shall mean those rates charged by a licensed
landfill for solid wastes disposed of at the landfill. Gate fees
are also known as "tipping" fees and "landfill" fees. Solid waste
which is transported directly to a landfill shall be subject to
payment of one hundred percent (100%) of the gate fees charged by
the landfill and solid waste which is transported to a materials
recovery facility shall be subject to payment of seventy five
percent (75%) of the gate fee at the landfill during the term of
this Agreement.
(24) . Gross Receipts means and includes all revenues actually
received by CONTRACTOR arising from, or attributable to, the
services provided by CONTRACTOR to its customers in the CITY
pursuant to this Agreement. Gross receipts include gate fees as
defined herein. • .
(25) . Hauling Charges shall mean those portions of the
curbside, bin, roll-off and other rates provided for in this
Agreement which compensate CONTRACTOR for the solid waste
collection and transporting services required of CONTRACTOR under
this Agreement. The parties have agreed upon the initial hauling
--- charges as set forth hereinafter, and such charges are subject to
adjustments as provided in this Agreement.
(26) . Hazardous Wastes are those wastes which, because of
their physical or chemical characteristics, cannot be disposed of
in a Class III landfill under the applicable laws and regulations
of the State of California.
(27) : Industrial Solid Wastes means solid waste originating
from mechanized manufacturing facilities, factories, refineries,
and publicly operated treatment works, and/or solid wastes placed
in bins and/or roll-off containers. Industrial solid wastes shall
be treated the same as commercial solid wastes.
(28) . Materials Recovery Facility means a facility permitted
as a Solid Waste Facility by the California Integrated Waste
Management Board for sorting, separating and processing of
recyclable solid wastes aswell as the segregation and
transportation of. non-recyclable solid wastes to a disposal site.
(29) . Permitted Solid Waste Facility means a solid waste
facility for which there exists a Solid Waste Facilities Permit
issued by the local enforcement agency and concurred in by the
California Waste Management Board.
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(30) . Person shall include, without limitation, associations,
clubs, societies, firms, partnerships, sole proprietorships,
corporations, schools, colleges and all governmental agencies and
entities, as well as individuals, including the officers of such
associations, corporations, etc.
(31) . Processing means the reduction, separation, recovery,
conversion or recycling of solid waste.
(32) . Processing Charge shall mean those portions of the
curbside, bin, roll-off container and other rates provided for in
this Agreement which compensate CONTRACTOR for processing solid
wastes collected by CONTRACTOR in the CITY and delivered by
CONTRACTOR to a designated materials recovery facility. The
parties have agreed upon the initial processing charges, as set
forth hereinafter, and such charges are subject to adjustments as
provided in this Agreement. The cost of transporting the residue
of the' CITY'S solid waste stream to a licensed landfill after
processing the recyclable solid wastes therefrom and thecost of
transporting recyclable solid wastes to their ultimate destination
shall be deemed part of this processing charge, but the gate fee
charged at said landfill for depositing said solid waste residue
shall not be included in the processing component.
(33) . Recyclable Solid Waste means and includes, those solid
wastes which may be sorted, cleansed, treated, processed and/or
reconstituted for purposes of reuse. Recyclable solid wastes are
not a separate category of materials, but merely an evolving
portion of the entire stream of solid waste .generated within the
CITY.
(34) . Recycling means collecting, sorting, cleansing,
treating, processing and reconstituting recyclable solidwastes for
the purpose of reuse.
(35) . Residential Bin Service shall mean bin service which is
provided by CONTRACTOR to any and all residential users which
request or require such services pursuant to this Agreement.
(36) . Residential Solid Waste means solid waste originating.
from single-family or multiple family dwellings.
(37) . Roll-Off Service shall mean solid waste collection from
transportable containers of 10 cubic yards or larger which are
dropped off at a residence, commercial or industrial establishment
and later removed for collection of contents of said container.
Roll-off service includes compactors which may be used with roll-
off containers.
(38) . Solid Waste shall mean all solid wastes, including, but
not by way of limitation, recyclable solid wastes, whether now
recyclable or not, generated and/or accumulated by all residential,
commercial and industrial sources, and at all construction and
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demolition sites within the CITY excluding that solid waste
referred to in Section 9 (a) herein; provided, however, that solid
waste shall not be deemed, for purposes of this Agreement, to
include any hazardous wastes as defined hereinabove.
(39) . Waste type means identified wastes having the features
of a group or class of wastes which are distinguishable from any
other waste type, as identified by the CITY ' S Source Reduction and
Recycling Element.
(40) . Yard Waste means any wastes generated from the
maintenance or alteration of public, commercial or residential
landscapes including, but not limited to, leaves, yard clippings,
• tree trimming, brush, weeds and prunings.
(41) Yard Waste Diversion shall mean the diversion from the
waste stream of yard waste or organic waste and the composting,
mulching, and/or transformation thereof.
4. SCOPE OF SERVICE:
(a) CONTRACTOR shall furnish all labor, material, facilities '
and equipment necessary for the collection of all solid waste .
originating, generated and/or accumulated by any person within CITY
boundaries, as they now exist or may hereafter exist, and shall
transport, process, recycle, divert by meansof composting, .
mulching and/or transforming and/or dispose of said solid waste in
compliance with the terms of this Agreement.
(b) All solid waste collected by CONTRACTOR within the CITY
shall not be commingled in the CONTRACTOR'S vehicles orequipment
with solid waste from any other jurisdiction or person from outside •
the CITY limits; however, in the event of anemergency vehicle
breakdown, a vehicle from a neighboring jurisdiction may complete
the route of the vehicle which broke down. In this case, the
CONTRACTOR must notify the CITY in writing within twenty four (24)
hours of such emergency breakdown and must also provide the CITY
with the allocation of tonnages contained in the vehicle.
5. COLLECTION HOURS:
(a) All collections from residential areas shall be made
between the hours of 6 : 00 A.M. and 6: 00 P.M. Collections from
commercial and industrial locations greater than 100 feet from
residential units may start at 3 : 00 a.m. and must terminate by 6: 00
P.M. ; however, if complaints are received from such residential
units, the Executive Director may direct that collections in such
areas shall be made between the hours of 6: 00 a.m. and. 6: 00 p.m.
and in that event CONTRACTOR agrees to comply with such order.
(b) Notwithstanding section (a) above, solid waste collected
pursuant to . Section 12 hereof shall be collected pursuant to the
provisions contained therein.
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6. HOLIDAYS:
Where, on a given route, the day of collection would be a
legal holiday, CONTRACTOR shallcollect along said route on the
work day next following said legal holiday. Legal holidays for the
purpose of this Agreement shall be New Years Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Christmas Day and
such other days as may be mutually agreed upon in advance by the
parties.
7. FREOUENCY OF COLLECTIONS:
The Contractor will collect all solid waste from all areas of
the CITY at least once each week and in addition will provide more
frequent service for those customers using the bin or roll-off
services supplied by CONTRACTOR if requested by a customer or if
required by the CITY.
8. MAINTENANCE OF SCHEDULES:
Presently existing routes, schedules and times for collection
of solid waste shall be maintained . but may ..be changed by
authorization of the Executive Director andat least one week's
advance notification by CONTRACTOR to occupants of the buildings in.
the area where the changes are to be made.
9. EXCLUSIVENESS OF AGREEMENT:
The CONTRACTOR shall have the exclusive duty, right and
privilege to collect, transport, process, recycle, divert by means
of composting, mulching, and/or transforming, retain and dispose of
all solid waste, as defined in this Agreement, generated and/or
accumulated within the CITY; except as provided below. CONTRACTOR
recognizes that this grant of exclusiveness is subject to the
restraints provided in Public Resources Code Sections 49520 .et seq.
(a) The grant of exclusiveness shall not include construction
and demolition solid waste which has accumulated and/or been
generated at a temporary construction site and which is being
disposed of in a roll-off container(s) .
(b) This Agreement shall not prohibit the persons who generate
solid waste, or the persons who own the premises upon which solid
waste has been generated or accumulated, from personally collecting,
transporting and disposing of their own solid waste so long as they
dispose of such solid waste at a site permitted by the California
Integrated Waste. Management Board in accordance with all governing
laws and regulations.
(c) This Agreement shall not prohibit the persons who generate
solid waste, or the persons taho own the premises upon which solid
waste has generated or accumulated, from: (1) selling their
recyclable solid wastes, or, (2) donating their recyclable solid
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wastes; provided, however, that in both instances: (a) the person
must, on its premises, personally segregate (by waste type) from
other solid waste the recyclable solid waste to be sold or
donated, and (b) the person may not pay the buyer or the donee any
sums, consulting fees or other fees in lieu of charging for
collection, or other tangible consideration for collecting,
processing or transporting such segregated recyclable solid wastes.
A person who simply receives a discount of, or reduction in, the
collection and disposal service rates of its unsegregated solid
waste shall not be deemed to be selling or donating recyclable
solid wastes for purposes of this exception.
(d) This Agreement shall not prohibit a gardener, tree trimmer
or person engaged in landscape maintenance who has a business
license to operate in the CITY from collecting yard waste or other
organic solid wastes which it generates as an incidental portion of
providing its licensed services. Any yard waste or other organic
solid waste collected pursuant to the exception provided by this
subsection must be transported by the gardener, tree trimmer or
person to a composting facility permitted by the California
Integrated Waste Management Board in accordance with all laws and
regulations.
(e) This Agreement shall not prohibit collectors of solid
waste originating outside the CITY from hauling such solid waste
over CITY streets, provided such collectors comply with any
governing laws or ordinances.
(f) CONTRACTOR'S right to collect and/or dispose of solid
waste shall not be exclusive in the event of a failure to collect
under Section 31 of this Agreement during which CONTRACTOR fails to
maintain substantially complete regular collection services
pursuant to this Agreement and the collection schedules then in
effect, for any reason, including a strike by CONTRACTOR'S
employees or similar labor dispute. The CITY may provide for
collection and/or disposal by persons other than CONTRACTOR during
such periods and may permit the public to obtain collection and/or
disposal services from persons other than CONTRACTOR during such
periods, including CONTRACTOR' S bin and/or roll-off service
customers.
(g) . CONTRACTOR shall not have the exclusive right to collect
and dispose of solid waste by providing bin and/or roll-off service
if the conditions stated in Section 25 (c) are applicable.
(h) The CITY shall notify in July, 1993 , in accordance with
Public Resources Code Section 49520, all solid waste haulers known
to the CITY which are providing temporary roll-off services within
the CITY that the CITY may elect to have such services be provided
only by that solid waste hauler which is authorized by an exclusive
contract with the CITY to provide such services.
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10. SOLID WASTE PROGRAM SURCHARGE:
(a) CONTRACTOR shall pay to the CITY a solid waste program
surcharge equal to five (5%) percent of the gross receipts derived
from CONTRACTOR'S customers.
(b) Invoices submitted to customers by CONTRACTOR shall not
reference the aforementioned five (5%) percent surcharge. Payments
to the CITY of said solid waste surcharges shall be made to the
CITY on a monthly basis and shall be due and payable on or before
the last calendar day of the following month. Accompanying each
payment will be a listing of the gross receipts for that
corresponding month. CONTRACTOR shall, whenever requested to do
so, make available such records to the Executive Director at any
reasonable time.
(c) Failure of CONTRACTOR to make any of the payments
provided for in section (a) above on or before the dates due will
result in a penalty of ten (10%) percent per month to CONTRACTOR.
11. COLLECTION POINTS AND REQUIREMENTS:
(a) CONTRACTOR shall not be required to collect solid waste
from any curbside service unit unless the same is placed on the
curb along a public or private street, or along an alley having
street access at both ends, and is placed in containers, packaged
and otherwise prepared for collection in a manner prescribed by the
CITY'S regulations covering the same. Under no circumstances shall
CONTRACTOR be required to pick up and collect any material or
matter which is not solid waste as defined in this Agreement, or to
pick up and collect any solid waste from curbside service units
which does not. comply with the following standards and limitations:
(1) All solid waste shall be placed in containers
adequate to eliminate overflow or contamination of surrounding
areas;
(2) Individual containers must not weigh in excess of 15
pounds empty or have a capacity exceeding 35 gallons. The total :
combined weight of the container and its contents shall not exceed
50 pounds;
(3) Cardboard or wood cartons acceptable as temporary
containers will be considered solid waste and will not be returned.
Any cardboard or wooden carton which is not specifically used as a
temporary container must be broken down, flattened down and tied in
bundles with strong cord or wire heavy enough to act as a handle,
or shall be placed in otherwise acceptable containers;
(4) Cardboard, paper, magazines, palm fronds, tree
limbs, brush, weeds and similar dry materials must be tied in
bundles with a heavy cord or wire strong enough to act as a handle,.
or be placed in other acceptable containers. Any such bundle or
items shall not exceed four feet in length, eighteen (18) inches in
thickness, or weigh in excess of forty (40) pounds;
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(5) Oil drums, grease drums and similar metal containers,
paper grocery bags, broken wooden boxes and crates, broken or wet
cardboard boxes, and containers with sharp, rough, or jagged edges
which may hamper or injure the handler, are not acceptable as solid
waste containers and will not be picked up or emptied;
(6) Discarded household items, broken down and packaged
in a size and to a weight easily handled by one man will be
considered as solid waste;
(7) Large, heavy items not broken down, greater in
dimension than four (4) feet in length, and eighteen (18) inches in
thickness and forty (40) pounds, including, without limitation,
water heaters, couches, tables, refrigerators, stoves, and large
pieces of furniture or household equipment shall be considered
bulky items which may be disposed of under the provisions. of
Section 19;
(8) All kitchen waste, ashes, hair clippings, floor
sweeping and similar light materials must be securely wrapped to
prevent spillage and to protect the public health and safety. Hot
ashes will not be collected; and,
(9) CONTRACTOR shall not be required to pick up and
collect more than 200 pounds (including containers) for any
business or professional curbside service unit.
(b) The aforementioned size limitations shall not apply to
Christmas trees properly placed for collection.
(c) Whenever any solid waste which does not comply with the
above standards and limitations is not collected by CONTRACTOR;
CONTRACTOR shall leave a notice, the format of which is subject to
the approval of the CITY, indicating the reason for non-collection
at such curbside service unit. Said notice shall also contain the
CONTRACTOR'S business name and his local telephone number. A copy
of said notice shall be delivered, or sent via telephone facsimile,
to the CITY on the day immediately following such non-collection
and, if the reason for noncollection is not corrected within seven
(7) days, CONTRACTOR shall notify the CITY as to this continued
noncollection.
12 . SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY
OPERATIONS:
(a) CITY SOLID WASTE CONTAINERS: CONTRACTOR shall collect all
solid waste placed in CITY owned solid waste containers, not
including bus shelter solid waste containers, on arterial streets
within the CITY at least one time per week at no cost to the CITY..
Further, it shall be CONTRACTOR'S responsibility to collect all
solid waste in the area immediately within ten. feet of an
identified CITY owned solid waste container. The CITY will provide
CONTRACTOR with a list identifying CITY solid waste containers.
The list identifying the CITY solid waste containers may be
modified from time to time as deemed necessary by the Executive
Director, provided, however, that the total number of CITY
containers from which solid waste is to be collected does not
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exceed two hundred (200) . CONTRACTOR shall coordinate collection
of such solid waste with the Executive Director so as to ensure
collection of such solid waste at the appropriate times for the
CITY.
(b) CITY GOVERNMENT OPERATIONS: CONTRACTOR shall collect all
solid waste which is generated by CITY government operations at no
cost to the CITY. The CITY shall provide CONTRACTOR with a list of
locations of bins and/or roll-off containers from which such solid
waste shall be collected. Said list may be modified by time to
time by the Executive Director. Solid waste generated by such CITY
operations shall be collected by CONTRACTOR per a schedule provided
to CONTRACTOR by the Executive Director which schedule shall be
approved between the CONTRACTOR and the Executive Director.
(c) STREET SWEEPING: The CONTRACTOR will coordinate with the
Executive Director to ensure that solid waste collection is
compatible with the CITY 'S street sweeping operations. . CONTRACTOR
will be required to complete their designated routes each day so as
not to interfere with the CITY 'S street sweeping operations.
(d) NEIGHBORHOOD CLEANUPS: CONTRACTOR shall supply roll-off
containers for CITY sponsored neighborhood cleanups at nocost to
the CITY. The number of roll-off containers to be so provided
shall not exceed one hundred and sixty five (165) during fiscal
year 1993-1994 . The number of roll-off containers to be supplied
may increase each year thereafter by ten (10%) per cent, with odd
numbers to be rounded up.
(e) Notwithstanding the above, at any time that the CITY
determines that the number of collections and/or the number of bins
or roll-off containers provided for in sections (a) and (d) are not
adequately meeting the CITY 'S needs, then the CITY and CONTRACTOR
agree to meet and confer regarding these provisions, and may, by
mutual agreement, modify the number of collections, bins, and/or
roll-off containers.
13. RECYCLING, YARD WASTE DIVERSION AND DISPOSAL REOUIREMENTS:
(a) RECYCLING: CONTRACTOR shall be responsible for the
processing of all solid waste pursuant to the schedules contained
in subsections (1) , (2) and (3) below which is' collected by the
CONTRACTOR within the CITY. CONTRACTOR shall process all such
solid waste in compliance with the CITY'S Source Reduction and
Recycling Element ("SRRE") and CIWMA. CONTRACTOR shall transport
all solid waste collected by the CONTRACTOR within the CITY
boundaries to a state permitted Materials Recovery Facility
("MRF") , as provided in, and in compliance with, CIWMA, which MRF
shall be acceptable to the CITY. All solid waste transported to
said MRF shall be processed and the portion thereof which is
recyclable shall be recycled by waste type in amounts so as to
comply with CIWMA and the CITY' S SRRE. In the event that the MRF
approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR
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will be responsible to subcontract for the use of such a facility
so as to ensure the CITY' S compliance with CIWMA.
(1) Commencing on July 1, 1993, CONTRACTOR shall be
required to process at a MRF for purposes of recycling at least one
third (1/3) of all solid waste collected by CONTRACTOR from
curbside service units, bins and roll-off containers within the
CITY;
(2) Commencing on January 1, 1994, CONTRACTOR shall be
required to process at a MRF for purposes of recycling two thirds
(2/3) of all solid waste collected by CONTRACTOR from curbside
service units, bins and roll-off containers within the CITY; and,
(3) Commencing on July 1, 1994 for the duration of this
Agreement, CONTRACTOR shall be required to process at a MRF for the
purpose of recycling all solid waste collected by it from curbside
service units, bins and roll-off containers within the CITY.
(b) YARD WASTE DIVERSION: CONTRACTOR shall cause any and all
segregated yard waste collected by CONTRACTOR within the CITY'S
boundaries which is capable of being composted, mulched and/or
transformed to be processed at a state permitted composting
facility pursuant to the schedules contained in subsections (1) ,
(2) and (3) below. CONTRACTOR shall be responsible to ensure that
the yard waste collected by CONTRACTOR is diverted in compliance
with CIWMA and the CITY' S SRRE.
(1) Commencing on July 1, 1993, CONTRACTOR shall be
required to process at a MRF for purposes of yard waste diversion
all segregated yard waste which is capable of being composted,
mulched and/or transformed and which is collected by CONTRACTOR
pursuant to section 13 (a) (1) above;
(2) Commencing on January 1, 1994 , CONTRACTOR shall be
required to process at a MRF for purposes of yard waste diversion
all segregated yard waste which is capable of being composted,
mulched and/or transformed and which is collected by CONTRACTOR
pursuant to section 13 (a) (2) above;
(3) Commencing on July 1, 1994 , for the duration of this
Agreement, CONTRACTOR shall be required to process at a MRF for the
purpose of yard waste diversion all segregated yard waste which is
capable of being composted, mulched and/or transformed and which is
collected by CONTRACTOR pursuant to section 13 (a) (3) above.
(c) DISPOSAL: CONTRACTOR shall be required to dispose of any
and all solid wastewhich is not recycled or diverted by means of
composting, mulching and/or transforming pursuant to the terms of
this Agreement, at a legally authorized disposal site(s) as
designated by the CITY. If CONTRACTOR is directed to dispose of
said solid waste at a location other than the County of Orange's
disposal site, both parties agree to meet and confer regarding any
potential rate adjustments which may be necessitated thereby.
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Should disposal sites become unavailable in Orange County at any
time during the term of this Agreement, CONTRACTOR hereby
guarantees disposal at its 'Los Angeles County landfill.
Additionally, CONTRACTOR hereby agrees and guarantees to the CITY
that the CITY will be indemnified for CERCLA liability for any .
solid waste collected by the CONTRACTOR in the CITY which is
delivered to CONTRACTOR'S landfill.
(d) CONTRACTOR will act as the contracting body and lead
agency with the MRF and composting facility with respect to this
Agreement and shall be responsible for, and insure that, both
facilities act so as to meet the requirements of both this
Agreement and CIWMA.
(e) CONTRACTOR hereby agrees and guarantees to the CITY that
CONTRACTOR will do each, every and all things required to ensure
that all solid waste generated, produced or accumulated in the CITY
which is collected by CONTRACTOR will at all times be in full . .
compliance with all of the provisions of the CITY'S SRRE, CIWMA,
and amendments thereto adopted hereafter, and will protect,
indemnify, pay, save, defend, and hold the CITY harmless from any
and all loss, expense, damage, fines, penalties and liability of
every kind and nature whatsoever by virtue of any non-compliance
with such CITY and statutory requirements, provided, however, that
CONTRACTOR shall not be responsible to the extent solid waste is
generated in the CITY and collected or disposed, or both, by other
than CONTRACTOR. Further, CONTRACTOR agrees to protect, defend,
with counsel approved by the CITY, and indemnify CITY against any
and all fines and/or penalties imposed by the California Integrated
Waste Management Board in the event that the diversion quantities
contained in the CITY' S SRRE, or any other requirement of CIWMA,
are not met.
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14. CIWMA REPORTING REQUIREMENTS:
CONTRACTOR shall prepare and submit to the CITY, on forms
previously approved by the CITY, all monthly or annual reports
required of the CITY pursuant to the California Integrated Waste
Management Act ("also known as CIWMA") . In addition thereto,
within sixty (60) days after the end of each calendar year, the
CONTRACTOR shall provide to the CITY an annual report which: (a)
provides a collated summary of all the information contained in the
monthly reports referred to above; (b) provides a narrative
description of all public awareness activities of CONTRACTOR during
the past one year which may have impacted recycling participation;
and (c) provides a discussion of recycling and source reduction
program highlights and difficulties.
CITY may require additional reports from CONTRACTOR should the
reports requested, or submitted, pursuant to this section not
satisfactorily fulfill the CITY ' S requirements.
13
15. SRRE CONSULTANT:
(a) CONTRACTOR shall provide consultant services as necessary
to modify the CITY'S SRRE as required by either the County of
Orange AB 939 Local Task Force and/or the State of California. The
consultant to perform such services shall be approved by the CITY.
Such consultant services shall be provided upon request by the CITY
and shall be subject to final approval of the CITY. The CONTRACTOR
shall be responsible for a maximum cost for such services of twenty
thousand ($20, 000. 00) dollars per fiscal year. Any costs incurred
by the CONTRACTOR for services approved by the CITY which exceed
twenty thousand ($20, 000. 00) dollars per fiscal year shall be the
responsibility of the CITY as provided in section (b) below.
(b) CONTRACTOR shall submit a monthly report showing
consultant services performed for the preceding month. Subject to
the approval of the Executive Director, any costs for approved
services which exceed twenty thousand ($20,000.00) dollars. per .
fiscal year shall be made by the CITY within thirty (30) days of
receipt of said report for work satisfactorily performed.
16. PUBLIC EDUCATION SERVICES:
The CONTRACTOR shall be responsible for the provision of
public education services as provided in the CITY'S SRRE. These
services shall include, but are not limited to, the following.
items:
(a) the production and distribution of a pamphlet containing
trash regulations and holidays to all customers and curbside
service units on a yearly basis and to all new service startsat
service initiation;
(b) the production and distribution to all customers and
curbside service units every year of pamphlets concerning source
reduction, recycling and/or yard waste diversion on an annual basis
and to all new service starts at service initiation;
(c) the performance, as needed, of community presentations on
source reduction, recycling and yard waste diversion, including the
production of all presentation materials;
(d) the provision, as necessary, of technical assistance in
the areas of source reduction, recycling and yard waste diversion;
(e) the establishment and maintenance of a telephone hotline
to receive calls from the public and provide information concerning
integrated waste management; and,
(f) cooperation in the production of an integrated waste
management video for use by the CITY.
This list may be reasonably modified from time to time as
deemed necessary and appropriate by the Executive Director.
The CONTRACTOR shall be required to work with the Executive
Director in the preparation and production of the services listed.
and to proceed in the rendering of such services as the CITY
14
dictates. Any services required hereunder shall require the
Executor Director' s approval prior to the execution thereof.
17. STANDARDS FOR COLLECTION, EQUIPMENT AND NOISE.:
(a) Equipment used by CONTRACTOR for the collection and
hauling of solid waste shall be used so as to assure, in the
reasonable opinion of the Executive Director, that adequate
standards of collection will be maintained. CONTRACTOR shall
provide an adequate number of vehicles and equipment for the
collection, transportation, recycling, yard waste diversion and
disposal of solid waste for which it is responsible for pursuant to
this Agreement. All loads in CONTRACTOR'S , vehicles shall be kept
completely covered at all times except when material is actually
being loaded or unloaded or where the vehicles are on route in the
process of collection. The collection' equipment must be designed
and operated in such a manner as to prevent solid waste from
escaping the vehicle. Any spillage of materials which occurs
during the collection process shall beimmediately cleaned up by
the CONTRACTOR at its expense. Further, all vehicles used by -the
CONTRACTOR pursuant to this Agreement shall be registered with the
Department of Motor Vehicles of the State of California. The
CONTRACTOR' S vehicles and equipment shall be subject to inspection,
by the CITY.
(b) All solid wastes, including segregated yard waste, are to
be commingled and collected at the same time in one collection
vehicle. CONTRACTOR shall not be permitted to allow separate
trucks to pick up different types of materials.
(c) It is the declared interest of the CITY that the
CONTRACTOR be able to provide a variety of sizes of bin and roll-
off containers to meet the capacity requirements of commercial and
residential bin and roll-off container users. .No material shall be
permitted to leak, fall or be spilled on CITY streets, alleys or
highways. Any such leakage or spills occurring shall be
immediately corrected and the area cleaned at the CONTRACTOR'S
expense. The equipment used must be maintained in good mechanical
condition and must employ adequate safety conditions for the
operating personnel.
(d) All collections shall be made as quietly as possible and
no unnecessarily noisy trucks or equipment shall be used.
Employees of the CONTRACTOR who are unnecessarily noisy or who
violate the provisions of the State Motor Vehicle Code and/or any
applicable CITY ordinance in the collection of said materials shall
be dismissed.
(e) CONTRACTOR shall equip all residential collection
vehicles which collect solid waste within the CITY with
informational displays. The CITY shall advise CONTRACTOR as to the
messages which should be displayed while said vehicles are
15
operating for the CITY. The CITY may, at it's option, have the
messages to be displayed changed once per year.
18. MAINTENANCE OF BINS AND ROLL-OFF CONTAINERS:
(a) Bins and roll-off containers provided by CONTRACTOR shall
be of a design and size to contain, at all times, the contents
therein in such a manner as to promote best possible housekeeping
conditions. Bins and roll-off containers supplied by the
CONTRACTOR shall, at all times, be maintained by it in a well-kept
appearance and shall be marked with reflectorized material where
such bins and/or roll-off containers are or may reasonably be
expected to be located in the public right-of-way. Customers shall
be responsible for the cleanliness, sanitation and deodorizing of
such bins and roll-off containers; provided, however, CONTRACTOR
shall provide in it's agreements with it's customers for a bin or
roll-off container cleaning service, including painting either as
needed,• at the request of the customer or at the request of the
CITY, for a fee of twenty five ($25.00) dollars.
(b) CONTRACTOR shall cause to have graffiti removed from bins
within two (2) business days and from roll-off containers within
five (5) business days of a request by CITY to do so. Failure to
remove the graffiti within the required two (2) business days for
bins and five (5) business days for roll-off containers, excluding
holidays, shall result in the assessment of a two hundred dollar
($200. 00) fine to the CONTRACTOR. CONTRACTOR may charge the user
of a bin or roll-off container which requires such graffiti removal
a charge of twenty five ($25. 00) dollars per. incident.
(c) The containers receiving curbside service shall be
replaced where found. Containers and lids thereof shall not be
left in the street or on neighboring or adjoining premises. Trash
containers shall not be thrown from the truck to the pavement or in
any way damaged by unnecessary rough handling. The CITY reserves
the right, upon submission of proof by the owner, to withhold
sufficient compensation under this Agreement to adjust and pay any
claim for solid waste containers damaged by the willful or careless
acts of the employees of the CONTRACTOR.
19. COLLECTION OF BULKY ITEMS:
In order to promote public sanitation and reduce fire hazards,
CONTRACTOR shall provide to all curbside service units the service
of curbsidecollection of bulky items such as couches,
refrigerators, rugs, water heaters, and other items of solid waste,
which CONTRACTOR is not required to collect under Section 11
because of size or weight, as follows:
(a) Upon request by a curbside service unit within the CITY,
CONTRACTOR shall provide no more than two at-demand bulky item
collections per year per curbside service unit at no additional
cost. Each such curbside service unit is limited to a maximum of
16
four (4) bulky items per pick-up request. Such collection services
shall provide the opportunity of having large objects, and other
solid waste which is not required to be picked up pursuant to this
Agreement, picked up and processed properly. Requests by. curbside
service units for such collections shall be made directly to the
CONTRACTOR who shall provide satisfactory telephone message
receiving, transmitting and response procedures and who shall be
responsible for maintaining a log of such large item collections.
At demand pick ups shall be responded to by CONTRACTOR within a
reasonable time but no more than five (5) working days after such
a request is received. Requests for more than two (2) at-demand
collections per year shall cost thirty ($30.00) dollars per
collection and shall be billed to the curbside service unit
requesting the additional collection by the CONTRACTOR.
(b) CONTRACTOR shall provide assistance of removal of bulky
items on private property to senior citizens and the disabled at no
cost. '
20. CURBSIDE SERVICE RATES:
(a) The CONTRACTOR shall receive compensation from the CITY
for supplying curbside service. The total number of curbside
service units is stipulated to be 40, 030 as of November 1, 1992.
Such number shall be redetermined on April 1st of each subsequent
calendar year by the Executive Director.
(b) Rates to be paid to the CONTRACTOR for curbside service
shall be as follows beginning on July 1, 1993 :
Hauling and Processing Charge $ 4 . 68
Gate Fee $ 4 . 02
Total Curbside Service Rate $ 8.70 per month
(c) Rates to be paid to the CONTRACTOR for curbside service
shall be as follows beginning on January 1, 1994:
Hauling and Processing Charge $ 6. 05
Gate Fee $ 3 . 65
Total Curbside Service Rate $ 9 .70 per month
(d) Rates to be paid to the CONTRACTOR for curbside service
shall be 'as follows beginning on July 1, 1994:
Hauling and Processing Charge $ 7. 51
Gate Fee $ 3 . 29
Total Curbside Service Rate $ 10. 80 per month
17
21. RESIDENTIAL BIN SERVICE RATES:
(a) The CONTRACTOR shall receive compensation for supplying
bin service to residential bin users by direct billing of the
customers receiving such service by means of separate agreements
entered into between the CONTRACTOR and each residential bin
service customer. A copy of every such agreement shall be filed
with the Executive Director by CONTRACTOR.
(b) Rates for residential bin service, including gate fees,
hauling charges, processing charges and any recycling and yard
waste diversion, shall be as follows beginning on July 1, 1993 :
Category Rate
1 yd 1X 48
1 yd 2X 88
1 yd 3X 128
1 yd 4X 168
1 yd 5X 208
1 yd 6X 258
2 yd 1X 48
2 yd 2x 86
2 yd 3X 124
2 yd 4X 162
2 yd 5X 200
2 yd 6X 253
3 yd 1X 68
3 yd 2X 116
3 yd 3X 164
3 yd 4X 212
3 yd 5X 260
3 yd 6X 333
4 yd 1X 76
4 yd 2x 134
4 yd 3X 194
4 yd 4X 252
4 yd 5X 310
4 yd 6X 403
(c) Rates for residential bin service, including gate fees,
hauling charges, processing charges and any recycling and yard
waste diversion, shall be as follows beginning January 1, 1994:
Category Rate
1 yd 1X 48
1 yd 2X 88
1 yd 3X 128
1 yd 4X 168
1 yd 5X 208
1 yd 6X 258
18
2 yd 1X 48
2 yd 2x 86
2 yd 3X 124
2 yd 4X 162
2 yd 5X 200
2 yd 6X 253
3 yd 1X 68
3 yd 2x 116
3 yd 3X 164
3 yd 4X 212
3 yd 5X 260
3 yd 6X 333
4 yd 1X 76
4 yd 2x 134
4 yd 3X 194
4 yd 4X 252
4 yd 5X 310
4 yd 6X 403
(d) Rates for residential bin service,. . including gate fees,
hauling charges, processing charges and any recycling and yard
waste diversion, shall be as follows beginning on July 1, 1994:
Category Rate
1 yd 1X 50
1 yd 2X 90
1 yd 3X 130
l yd 4X 170
1 yd 5X 210
1 yd 6X 260
2 yd 1X 55
2 yd 2x 100
2 yd 3X 145
2 yd 4X 190
2 yd 5X 235
2 yd 6X 280
3 yd 1X 80
3 yd 2x 140
3 yd 3X 200
3 yd 4X 260
3 yd 5X 320
3 yd 6X 405
4 yd 1X 95
4 yd 2x 165
4 yd 3X 235
4 yd 4X 305
4 yd 5X 375
4 yd 6X 480
19
xr„r,'
22. COMMERCIAL/INDUSTRIAL BIN SERVICE RATES:
(a) . The CONTRACTOR shall receive compensation for supplying
bin service to commercial/industrial bin users by direct billing of
the customers receiving such service by means of separate
agreements entered into between the CONTRACTOR and each such bin
service customer. A copy of every such agreement shall be filed
with the Executive Director by CONTRACTOR.
(b) Rates for commercial/industrial bin service, including
gate fees, hauling charges, processing charges and any recycling
and yard waste diversion, shall be as follows beginning on July 1,
1993 :
Category Rate
1 yd 1X 38
1 yd 2X 68
1 yd 3X 98 -
1 yd 4X 128
1 yd 5X 158
1 yd 6X 198
2 yd 1X 40
2 yd 2x 73
2 yd 3X 106
2 yd 4X 139
2 yd 5X 172
2 yd 6X 215
3 yd 1X 58
3 yd 2x 101
3 yd 3X 144
3 yd 4X 187
3 yd 5X 230
3 yd 6X 293
4 yd 1X 68
4 yd 2x 123
4 yd 3X 178
4 yd 4X 233
4 yd 5X 288
4 yd 6X 373
(c) Rates for commercial/industrial bin service, including
gate fees, hauling charges, processing charges and any recycling
and yard waste diversion, shall be as follows beginning on January
1, 1994 :
Category Rate
1 yd 1X 38
1 yd 2X 68
1 yd 3X 98
20
1 yd 4X 128
1 yd 5X 158
1 yd 6X 198
2 yd 1X 40
2 yd 2x 73
2 yd 3X 106
2 yd 4X 139
2 yd 5X 172
2 yd 6X 215
3 yd 1X 58
3 yd 2x 101
3 yd 3X 144
3 yd 4X 187
3 yd 5X 230
3 yd 6X 293
4 yd lX 68
4 yd 2x 123
4 yd 3X 178
4 yd 4X 233
4 yd 5X 288
4 yd 6X 373
(d) Rates for commercial/industrial bin service, including
gate fees, hauling charges, processing charges and any recycling
and yard waste diversion, shall be as follows beginning on July 1, .
1994:
Category Rate
1 yd 1X 40
1 yd 2X 70
1 yd 3X 100
1 yd 4X 130
1 yd 5X 160
1 yd 6X 200
2 yd 1X 45
2 yd 2x 80
2 yd 3X 115
2 yd 4X 150
2 yd 5X 185
2 yd 6X 235
3 yd 1X 65
3 yd 2x 120
3 yd 3X 175
3 yd 4X 230
3 yd 5X 285
3 yd 6X 365
21
4 yd 1X 85
4 yd 2X 155
4 yd 3X 225
4 yd 4X 295
4 yd 5X 365
4 yd 6X 470
(e) The rate per vehicle hour with a two (2) person crew
providing emergency bin services on an on-call basis shall be sixty
five ($65. 00) dollars for the term of this Agreement.
(f) CONTRACTOR may, subject to the approval of the Executive
Director, offer a discount in the commercial/industrial bin rates
to a commercial/industrial bin service customer if said customer
regularly segregates recyclable solid waste and/or yard waste by
waste type in separate bins.
23. ROLL-OFF SERVICE RATES: -
(a) The CONTRACTOR shall receive compensation for supplying
roll-off service by direct billing of the customers receiving such
service by means of separate agreements entered into between the
CONTRACTOR and each such customer. A copy of every such agreement
shall be filed with the Executive Director by CONTRACTOR. Roll-off
container service shall be provided at a minimum of three (3) dumps
per month per customer.
(b) Rates - for roll-off container services, including
container delivery, collection, hauling and transportation, shall
be as follows (per dump) beginning on July 1, 1993 :
Container Size Rate Per Dump Additional Fee for Compactor
10 cubic yard 120 25
20 cubic yard 120 25
40 cubic yard 120 25
In addition to the above container service rates, CONTRACTOR
shall charge the roll-off service customer for the actual gate fees
paid at the disposal site or the fees charged at the materials
recovery facility.
(c) Rates for roll-off container services, including
container delivery, collection, hauling and transportation, shall
be as follows (per dump) beginning on January 1, 1994:
Container Size Rate Per Dump Additional Fee for Compactor
10 cubic yard 120 25
20 cubic yard 120 25
40 cubic yard 120 25
22
In addition to the above container service rates, CONTRACTOR
shall charge the roll-off service customer for the actual gate fees
paid at the disposal site or the fees charged at the materials
recovery facility.
(d) Rates for roll-off container services, including
container delivery, collection, hauling and transportation, shall
be as follows (per dump) beginning on July 1, 1994 :
Container Size Rate Per Dump Additional Fee for Compactor
10 cubic yard 120 25
20 cubic yard 120 25
40 cubic yard 120 25
In addition to the above container service rates, CONTRACTOR
shall charge the roll-off service customer for the actual gate fees
paid at the disposal site or the fees charged at the materials
recovery facility.
(e) The rate per vehicle hour with a two (2) person crew
providing emergency roll-off container services on an on-call basis
shall be sixty ($60. 00) dollars for the term of this Agreement.
24. ANNUAL ADJUSTMENTS TO CHARGES:
(a) HAULING AND PROCESSING CHARGES: The hauling charges and
processing charges shall be adjusted annually beginning on July 1,
1994. The hauling charge and processing charge shall be adjusted
in accordance with the rate adjustment procedure set forth below:
The two indices which will be used for determining the annual
adjustments shall be the December Consumer Price. Index ("CPI") for
All Urban Consumers (base years 1982-1984 = 100) for Los-Angeles-.
Anaheim-Riverside CMSA, published by the United States Department
of Labor, Bureau of Labor Statistics with a seven (7%) percent
maximum adjustment per year which will be weighted at ninety (90%)
percent and the December Producer Price Index, Diesel Fuel #2
(#057303) which will be weighted at ten (10%) percent. The
adjustment to the charges shall be effective on July 1st of each
applicable year.
(b) GATE FEES: Should any increase in the gate fees charged
by a licensed landfill occur during the term of this Agreement,
within thirty (30) days of the imposition of such increase
CONTRACTOR shall be permitted to pass through to both it's bin
service customers and it' s roll-off service customers, and CITY
shall pass through to its curbside service users, seventy five
percent (75%) of any such increase in the gate fees for solid waste
taken directly to a materials recovery facility and one hundred
23
percent (100%) of any such increase in the gate fees for solid
waste which is taken directly to a landfill.
25. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REOUIREMENTS:
(a) The CONTRACTOR may enter into agreements with bin service
customers for special collection services different from, in
addition to, or greater than the minimum collection services
required by this Agreement. The following special fees may be
charged to bin service customers:
(1) A bin which needs to be moved in excess of twenty
five (25) feet in order to be emptied may be assessed the following
special fees:
(a) moving of bins 25 to 50 feet: $1. 00 per month
times the number of times emptied each week.
(b) moving of bins 51 to 75 feet: $2 . 00 per
month times the number of times emptied each week.
(2) A bin which possesses casters may be assessed a
caster , charge of $2 . 50 per bin per month.
(3) CONTRACTOR may apply a surcharge to bin customers who
use trash compactors of not to exceed a multiplier of 1.5 times the
normal bin rate for said service.
(4) CONTRACTOR may charge a special service charge of
$2. 00 a month times the number of times a week a bin is emptied for
moving a bin out of an enclosure.
(5) CONTRACTOR may charge a fee of $38. 00 per bin for an
additional bin pick-up when such pick-up is requested by a
customer.
(6) CONTRACTOR may charge a fee of $2 . 00 per month to a
customer who requests a bin with a lock.
(7) CONTRACTOR may charge a fee as approved by the
Executive Director for six (6) cubic yard bin service.
(8) CONTRACTOR may charge a fee as approved by the
Executive Director for a plastic injection molded two (2) cubic
yard container.
(9) CONTRACTOR may charge a fee of $45. 00 per bin to
persons who need temporary use of a three (3) cubic yard bin.
(b) CONTRACTOR shall not be permitted to charge a special fee
for moving a bin from between buildings, other than the fees
permitted as set forth above. Further, CONTRACTOR may not charge .
a fee when it is required to move its vehicles in reverse for
purposes of emptying a bin. Circumstances not covered by any of
24
the above shall require an inspection by the CITY prior to a
determination of the charges which may be imposed. The decision of
the Executive Director in respect to these charges shall be final.
A brief explanation of each special service charge must be included
on every customer's billing.
(c) . In the event the CONTRACTOR is unable to provide
temporary service to any customer within five (5) calendar days
from receipt of a call by such customer, the Executive Director may
permit any other licensed hauler to provide temporary service to
such customer if, but only if, CONTRACTOR has not provided such
service within twenty-four (24) hours after reasonable notification
by the Executive Director to CONTRACTOR.
26. MINIMUM SERVICE LEVELS - MULTI-FAMILY RESIDENTIAL BUILDINGS:
(a) CITY shall require that all residential buildings with
three or more dwelling units be served by bin service, except that
CITY may waive such requirement for any residential buildings with
four (4) or more units existing on January 1, 1972 and for any
residential buildings with three (3) units existing on February 23,
1983, upon a determination that no lawfully usable space is
available for such container within the boundary lines of the
subject property. The CONTRACTOR shall provide bin containers of
such capacity and collections of such frequency for residential
buildings required to have bin service by this section as to
provide for solid waste collection of not less than one-half (1/2)
of one (1) yard of solid waste collection per dwelling unit per,
week. In all cases, collections shall be made at least once per
week. CONTRACTOR shall comply with any request by the Executive
Director to change the scheduled collection days for residential
bin service customers which is designed to promote conformity of
bin service collections in any specified area of the CITY to,
improve sanitation or reduce noise.
(b) In the event that solid waste being disposed of at a
residential bin service building exceeds the bin capacity for such
building, CONTRACTOR shall notify the Executive Director who shall
cause an inspection to be made of the premises. If the Executive
Director determines that there is insufficient bin capacity at said
location, he shall cause written notification to be given to the
property owner and/or person in possession of the property. Said
notification shall contain the date of the reported overflow of
solid waste from the bins. The notice shall also inform the
property owner and/or person in possession of the property that
should another incident of overcapacity occur within thirty (30)
days following the date of the original incident, the property
owner and/or person in possession of the property will be required
to increase the number of bins, the size of the bin, or the
frequency of collections, up to the equivalent of two (2) cubic
yards per dwelling unit per week. In the event that this should
occur, the Executive Director shall determine whether to increase
the number of bins or the frequency of collections and CONTRACTOR
• 25
shall furnish such additional services and shall be entitled to
compensation from the customers to the same extent as if the
customer requested such additional collections from the CONTRACTOR.
27. MINIMUM SERVICE LEVELS - COMMERCIAL/INDUSTRIAL BIN SERVICE AND
ROLL-OFF SERVICES:
In the event that solid waste being disposed of at a
commercial/industrial bin or roll-off container unit exceeds the
bin or roll-off container capacity for such building, CONTRACTOR
shall notify the Executive Director who shall cause an inspection
to be made of the premises. If the Executive Director determines
that there is insufficient bin or roll-off container capacity at
said location, he shall cause written notification to be given both
to the business and the property owner. Said notification shall
contain the date of the reported overflow of solid waste from the
bin or roll-off container. The notice shall also inform the
business and property owner that should another incident of
overcapacity occur within thirty (30) days following the date of
the original ' incident, the business and/or property owner will be
required to increase the number of bins or roll-off containers, or
the frequency of collections. In the event that this should occur,
the Executive Director shall determine whether to increase the
number of bins or roll-off containers, the size of the bin or roll-
off container, or the frequency of collections and CONTRACTOR shall,
furnish such additional services and shall be entitled to
compensation from such customers to the same extent as if the
customer requested such additional collections from the CONTRACTOR.
28. SERVICE STANDARDS:
(a) The CONTRACTOR'S office shall be accessible by a local or
toll-free telephone number. The CONTRACTOR'S office hours shall be
open at a minimum from 8 : 00 a.m. to 5: 00 p.m. daily, except Sundays
and holidays. The CONTRACTOR shall have an answering machine in
operation after normal business hours, and on Sundays and holidays.
thus enabling the public to leave a message. The CONTRACTOR shall
have the capability of responding to the public in English and
Spanish during office hours.
(b) CONTRACTOR may charge a delinquency fee of not more than
ten (10%) 'percent per month on accounts which have not remitted
required payments within 30 days after the date of billing. Should
payment not be received within 45 days of billing, CONTRACTOR shall
notify said customer on forms approved by the CITY that services
may be discontinued 15 days from the date of the notice if payment
is not made before that time. Upon payment of the delinquent fees,
CONTRACTOR shall resume collection on CONTRACTORS next regularly
scheduled collection day. CONTRACTOR shall provide the CITY with
a bi-weekly list indicating the customers which have had service
ceased due to nonpayment.
26
�:C
29. SUPERVISION:
Performance of each of the provisions of this Agreement shall
be under the direction and supervision of the Executive Director.
The CONTRACTOR shall furnish the Executive Director every
reasonable opportunity of ascertaining whether or not the work is
performed in accordance with the requirements of this Agreement.
The CONTRACTOR shall designate a person to serve as agent and
liaison between its organization and the CITY and shall maintain a
telephone and a means for contact at all times during periods of
strike or other emergencies. The Executive Director may inspect
the CONTRACTOR'S operations, facilities and equipment at any
reasonable time and the CONTRACTOR shall admit him to make such
inspections at any reasonable time and place.
30. TITLE TO SOLID WASTE:
Title to all solid waste collected pursuant to this Agreement
shall be vested in CONTRACTOR upon being placed at the curb for
collection or placed in a bin or roll-off container for collection.
CONTRACTOR expressly hereby reserves and is granted the right to
retain, dispose of and otherwise use such solid waste, or any part
thereof, in any fashion and for any lawful purpose desired -by
CONTRACTOR and to retain any benefit or profit resulting therefrom
provided, however, that CONTRACTOR first complies with this
Agreement, the CITY'S SRRE and CIWMA.
31. FAILURE TO COLLECT:
(a) Should the ,CONTRACTOR fail to collect and recycle, divert
by means of composting, mulching and/or transforming or dispose of
solid waste in accordance with this Agreement and the collection
schedules then in effect pursuant to Section 8, the CITY, after
prior written notice of not less than forty eight (48) hours to the
CONTRACTOR, may collect, recycle, divert and/or dispose of all or
any part of such solid waste, or initiate services to cause or
promote its collection, recycling, yard waste diversion and/or
disposal, using CITY employees and/or independent contractors, and
the CONTRACTOR shall be liable for all reasonable expenses thereby
incurred by the CITY.
(b) The CITY may give such notice for any specified
individual omission by CONTRACTOR in which event CONTRACTOR shall
be allowed a reasonable time of not less than forty eight (48)
hours to remedy such omission. In the event of substantial
nonperformance by CONTRACTOR for any reason, including a strike of
CONTRACTOR' S employees, the notice shall continue in effect with
respect to solid waste originating thereafter as long as the
omission continues. In addition to any other lawful means of
effecting reimbursement from the CONTRACTOR, such expenses may be
deducted by the CITY from money due or which may become due the
CONTRACTOR. In addition, CONTRACTOR shall allow CITY the use,
without charge, of any of CONTRACTOR' S collection vehicles,
27
containers, and other equipment not then in actual use by
CONTRACTOR which CITY shall deem necessary to provide collection, .
recycling, diversion and/or disposal services pursuant to this
section. The right of the CITY to enter upon and use facilities
and equipment as specified herein shall extend for a period of
ninety (90) days.
(c) Should CONTRACTOR fail to collect, recycle, divert by
means of composting, mulching and/or transforming, and/or dispose
of solid waste in accordance with this Agreement, CONTRACTOR shall
be deemed to be in material default in the performance of its
obligations of this Agreement. In the event of such a material
default, the reasonable time for correction pursuant to Section 32
herein shall be seven (7) days.
32. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT:
(a) In the event CONTRACTOR defaults in the performance of
any of the obligations, covenants or agreements to be kept, done or
performed by it under the terms of this Agreement, or any other
applicable Federal, State, or local law or regulation, the CITY
shall notify CONTRACTOR in writing of the nature of such default.
(b) The Executive Director may, in such written instrument,
set a reasonable time within which correctionof all , such..
deficiencies is to be made. Unless otherwise specified, a
reasonable time for correction shall be thirty (30) . days from..the
receipt by the CONTRACTOR of such written notice. If the
CONTRACTOR cannot reasonably correct orremedy the breach within
the time set forth in such notice, CONTRACTOR shall still be
required to commence to correct or remedy the violation within such
time as set forth in the notice and shall be required to diligently
achieve such correction or remedy as soon thereafter as possible.
(c) The Executive Director shall review the CONTRACTOR'S
response to the notice of deficiencies and shall either decide the
matter and notify the CONTRACTOR of that decision in writing, or,
refer the matter to the City Council. A decision or order of the
Executive Director shall be final and binding on CONTRACTOR if the
CONTRACTOR fails to file a "Notice of Appeal" with the City Clerk
within 10 days of receipt of the Executive Director ' s decision.
Within thirty working days of receipt of a Notice of Appeal, the
City Clerk shall refer the appeal to the City Council for
proceedings in accordance with Chapter three of the Santa Ana
Municipal Code.
(d) In such case, the City Council may set the matter for
hearing. The City Clerk shall give CONTRACTOR written notice of
the time and place of the hearing. At the hearing, the City
Council shall consider the report of the Executive Director
indicating the deficiencies, and shall give the CONTRACTOR a
reasonable opportunity to be heard.
28
(e) Based on the evidence presented at the public hearing,
the City Council shall determine by Resolution whether this
Agreement should be terminated. If, based upon the record, the
City Council determines that the performance of CONTRACTOR is in
breach of any material term of this Agreement or any material
provision of any applicable Federal, State, or local statute or
regulation, the City Council, in the exercise of its sole
discretion, may terminate forthwith the Agreement. The decision of
the City Council shall be final and conclusive. CONTRACTOR's
performance under the Agreement is not excused during the period of
time prior to the City Council ' s final determination as to whether
such performance is deficient.
(f) The rights of termination or imposition of liquidated
damages, as set forth in Section 33 hereof, are in addition to any
other rights of CITY upon a failure of CONTRACTOR to perform its
obligations under this Agreement. The CITY further reserves the
right to terminate CONTRACTOR' s Agreement or impose liquidated
damages in the event of any of the following:
(1) If the CONTRACTOR practices, or attempts to
practice, any fraud upon the CITY;
(2) If the CONTRACTOR becomes insolvent, unable, or
unwilling to pay its debts, or upon listing of an order for relief
in favor of CONTRACTOR in a bankruptcy proceeding;
(3) If the CONTRACTOR fails to provide or maintain in
fullforce and effect the workers ' compensation, liability or
indemnification coverage as required by this Agreement;
(4) If the CONTRACTOR willfully violates any orders or
rulings of any regulatory body having jurisdiction over the
CONTRACTOR relative to this Agreement, provided that the CONTRACTOR
may contest any such orders or rulings by appropriate proceedings
conducted in good faith, in which case no breach of this Agreement
shall be deemed to have occurred;
(5) If the CONTRACTOR willfully fails to make any
payments required under the Agreement and/or refuses to provide the
CITY with required information and/or reports in a timely manner as
provided in this Agreement; or,
(6) Any other act or omission by the CONTRACTOR which
materially violates the terms, conditions, or requirements of this
Agreement, CIWMA, as it may be amended from time to time, or any
order, directive, rule, or regulation issued thereunder and which
is not corrected or remedied within the time set in the written
notice of the violation.
(g) In addition to the remedies set forth herein, the CITY
shall have the right to obtain damages and/or injunctive relief.
Both parties recognize and agree that in the event of a breach
under the terms of this Agreement by CONTRACTOR, the CITY may
suffer irreparable injury and incalculable damages sufficient to
support injunctive relief, to enforce the provisions of this
Agreement and to enjoin the breach thereof.
29
(h) If CONTRACTOR claims default by the CITY in the payment
of any money due or alleged to be due to CONTRACTOR pursuant to
this Agreement, CONTRACTOR shall not be entitled to cancel this
Agreement if the CITY, within seven (7) days after receipt of
notice of the claimed default, deposits the amount in controversy
into an interest bearing account in a commercial bank or lending
institution and maintains such deposit until such time as a final
judicial decision or agreement between the parties determines the
rightful disposition of the said amount in controversy; provided
that CONTRACTOR shall be deemed to have waived all claims to the
said amount if no agreement is reached nor any legal proceeding
initiated within ninety (90) days of the CONTRACTOR'S service of
written notice of default on the CITY.
33. LIOUIDATED DAMAGES:
(a) The CITY finds, and the CONTRACTOR agrees, that as of the
time of the execution of this Agreement it is impractical, if not
impossible, to reasonably ascertain the extent of damages which
shall be incurred by the CITY as a result of a breach by CONTRACTOR
of its obligations under this Agreement. The factors relating to
the impracticability of ascertaining damages include, but are not
limited to, the fact that: (i) substantial damage results to
members of the public who are denied solid waste collection
services or denied quality or reliable collection service; (ii)
such breaches cause inconvenience, anxiety, frustration, and
deprivation of the benefits of this Agreement to individualmembers
of the general public for whose benefit this Agreement exists, in
subjective ways and in varying degrees of intensity which are
incapable of measurement in precise monetary terms; (iii) that the
monetary loss resulting from denial of services or denial of
quality or reliable services is impossible to calculate in precise
monetary terms; and, (iv) the termination of this Agreement for
such breaches, and other remedies are, at best, a means offuture
correction and not remedies which make the public whole for past
breaches.
(b) Accordingly, the CITY may, in its discretion but after
complying with the notice and hearing procedures set forth in
Section 32 , assess liquidated damages of Five Hundred Dollars
($500. 00) per day, for each calendar day that collection service is
not provided by CONTRACTOR in accordance with this Agreement. The .
amount of the liquidated damages shall be subject to an annual CPI
adjustment.
(c) The CITY finds, and the CONTRACTOR acknowledges and
agrees, that the above described liquidated damages provisions
represent a reasonable sum in light of all of the circumstances.
Said liquidated damages sums shall be applicable to each calendar
day of delay during which CONTRACTOR has been found by the CITY to
be in default after having been given the proper notice and hearing
set forth in Section 32 of this Agreement. The CONTRACTOR shall
pay any liquidated damages assessed by the CITY within ten (10)
30
calendar days after they are assessed. If they are not paid within
the ten (10) day period, the CITY may order the termination of this
Agreement.
34. USE BY CITY OF CONTRACTOR'S EQUIPMENT:
Upon cancellation of this Agreement by either party for any
reason prior to the end of the period specified herein as the term
of this Agreement, the CITY shall have the exclusive right to rent
or lease and operate any or all trucks, trailers, tractors and
other items of equipment used by CONTRACTOR in the performance of
the work specified in this Agreement. Further, the City shall have
access to the MRF and composting facilities used by the CONTRACTOR
for the processing, recycling and yard waste diversion of solid
waste produced or accumulated within the CITY. The right of the
CITY to enter upon and use facilities and equipment as specified
herein shall extend following the date of cancellation of this
Agreement for a period of ninety (90) consecutive calendar days.
The rental prices to be paid the CONTRACTOR under this section
shall be such to adequately reflect the most current rental prices
prevailing in the County of Orange at the date of termination.
Any moneys due the CONTRACTOR for rental of the equipment
under the provisions of this section may be withheld by the CITY
and used by it for the purpose of paying any outstanding liens or
payments due and unpaid upon the said equipment.
35. COMPLAINTS:
(a) The CITY shall record all complaints and communications
received by the CITY from persons and businesses being served under
the provisions of this Agreement and all other incidents of failure
to perform in accordance with this Agreement noted by the CITY.
The CONTRACTOR shall be responsible to resolve such complaints
within two (2) business days of receipt thereof. CONTRACTOR shall
likewise record all complaints received by CONTRACTOR in a daily
log which shall include the complaint, the communication, the date,
time, complainant's name and address if provided, and the nature,
date and manner of resolution of the complaint. A copy of said log
shall be delivered to the Executive Director on a quarterly basis;
however, the Executive Director reserves the right to require the
CONTRACTOR to deliver, or send via telephone facsimile, such
records to the Executive Director within twenty four (24) hours of
receipt thereof.
(b) The failure of the CONTRACTOR to pick up solid waste
which has been set out in the proper manner shall be considered a
missed pick-up, and the CONTRACTOR shall collect the material from
the service recipient within twenty-four (24) hours of the
CONTRACTOR' S receipt of notification of the missed pick-up. If the
CONTRACTOR is notified of a missed pick-up by 9 : 00 a.m. the
following business day, the missed pick-up will be collected that
same day. The CONTRACTOR shall maintain a written record of all
31
calls related to missed pick-ups and the service response provided
by the CONTRACTOR. Such records shall be made available for
inspection upon request by the Executive Director.
36. COMPENSATION REDUCTION DURING STRIKE PERIOD:
In the event that there occurs any period in which CONTRACTOR
fails to maintain substantially complete regular collection
services pursuant to this Agreement and the collection schedules
then in effect, by reason of a strike or CONTRACTOR'S failure to
pay his employees, and only if such period includes more than ten
(10) normal collection days (weekdays) , then the following shall
apply.
(a) . The City Council may assess damages against the
CONTRACTOR in an amount which does not exceed the sum of the
following:
•
(1) The expenses incurred by the CITY in providing
collection, recycling, yard waste diversion and/or disposal
services pursuant to Section 31; and,
(2) Fifty percent (50%) of the amount by which CITY
revenue from fees collected for curbside service by the CITY from
the public is reduced due to any reduction or refund of such fees
granted by the City Council to compensate such fee payers for the
inconvenience experienced by them due to CONTRACTOR'S failureto
furnish full performance during such period.
(b) . In assessing damages, the City Council shall take into
account the CONTRACTOR'S efforts to mitigate the inconvenience to
the public receiving curbside service. In particular, CONTRACTOR
shall be given credit for curbside service unit collections made by
CONTRACTOR by having damages assessed, subject to the above said
Maximum, in approximately the same proportion to the compensation
due CONTRACTOR for curbside service during the subject period as
the number of curbside service unit collections which CONTRACTOR
failed to make bears to the total number of curbside service unit
collections which should have been made pursuant to this Agreement.
(c) . In addition to any other lawful means of effecting
recovery of the damages assessed against CONTRACTOR the amount
thereof may be deducted by CITY from money due or which may become
due to the CONTRACTOR either in single sum or in installments. In
the event CONTRACTOR objects to such assessment or set-off, it
shall nevertheless maintain full performance under this Agreement,
reserving all rights to subsequently litigate the propriety or
amount of the damages assessed.
(d) . Refunds or reduction of payments of CONTRACTOR'S
customers shall be the sole responsibility of CONTRACTOR.
CONTRACTOR covenants for the benefit of each such customer to grant
a reasonable and fair refund or reduction or compensatory service;
provided, however, that the CONTRACTOR may condition such refunds
32
or reductions or compensatory service upon the customer's filing of
a claim for the same with the CONTRACTOR. To the extent bin or
roll-off service collections are made at CITY'S expense in the
absence of CONTRACTOR'S performance, CONTRACTOR shall be liable to
CITY for a proportionate amount of the customers' payments due to
the CONTRACTOR.
37. FEES AND GRATUITIES:
CONTRACTOR shall not, nor shall it permit any agent, employee
or subcontractor employed by it to, request, solicit, demand, or
accept, either directly or indirectly, any compensation or gratuity
for the collection of solid waste otherwise required to be
collected under this Agreement, except such compensation as is
provided for in this Agreement. However, CONTRACTOR may make
available to bin service users special services as provided for in
Section 25 hereof. CONTRACTOR may make a direct charge in each
instance for such service under a written agreement which shall be
subject to the approval of the Executive Director and at such rates
as are reasonable, just and uniform for all persons requesting such
additional services. All such charges shall be collected by
CONTRACTOR. Nothing in this section or in this Agreement shall be
construed, however, to require CONTRACTOR to render services of any
kind to any person to the extent such services are not specifically
required by the provisions of this Agreement, or to require that
CONTRACTOR having rendered special or additional services not
provided for herein to one or more persons, to offer or render the
same services to any other person or entity.
38. LEGAL RELATIONS AND RESPONSIBILITIES:
(a) . Applicable Laws: CONTRACTOR shall at all times comply
with all applicable provisions of the Code, as now in effect or
hereafter enacted, as well as all other applicable County, State
and Federal laws and regulations; provided, however, no amendment
of the Code shall operate to change CONTRACTOR'S right to decline
to pick up and collect any material or matter which is not solid
waste as defined in this Agreement or to decline to pick up and
collect solid waste which does not comply with the standards and
limitations set forth in this Agreement, or otherwise operate to
materially impair the rights and privileges of CONTRACTOR
hereunder. Should any state or federal laws become effective after
the date of execution of this Agreement which require modifications
to the terms hereof, the parties agree to meet and confer regarding
any such modifications.
(b) . Personnel: No employee of CONTRACTOR shall continue to be
employed on any work under this Agreement who is intemperate,
discourteous, disorderly, inefficient or unduly noisy.
(c) . Permits and Licenses: CONTRACTOR shall obtain all permits
and licenses required of it by City, County, State and Federal
agencies.
33
(d) . Workers ' Compensation Policy: CONTRACTOR shall maintain
in full force and effect during the term of this Agreement, a
workers' compensation policy in accordance with the provisions and
requirements of the Labor Code of the State of California and such
other forms of insurance as shall be required by law. The policy
providing coverage shall provide that the insurance shall not be
suspended, voided, canceled, or reduced in coverage or in limits
except after thirty (30) days prior written notice by certified
mail has been given to the CITY.
(e) . Public Liability Insurance: CONTRACTOR shall obtain, at
its sole cost, and file with the City Clerk of CITY, prior to
exercising any right or performing any obligation pursuant to this
Agreement, and maintain for the period covered by this Agreement,
a policy or policies of liability insurance, or certificate of
insurance, satisfactory to the City Attorney of CITY, naming CITY,
its officers, agents and employees, as insured or additional
insured, which provides coverage for liability for any and all
claims and suits for damages or injuries to persons or property
resulting from or arising out of the performance by CONTRACTOR its
officers, agents, or employees, or by CITY, its officers, agents,
or employees pursuant to Section 1 of this Agreement, of
CONTRACTOR' S covenants hereunder, or any failure or omission
thereof.
Said policy or policies of insurance shall provide coverage
for both bodily injury and property damage in not less that the
following minimum amount: Ten Million Dollars ($10, 000,000)
combined single limit. Said insurance shall protect CONTRACTOR and
CITY from any claim for damages for bodily injury, including
accidental death, as well as from any claim for property damage
which may arise from operations performed pursuant to this
Agreement, whether such operations be by CONTRACTOR itself, or by
its agents, employees, and/or subcontractors. Said policy shall
also contain a provision that no termination, cancellation or
change of coverage of insured or additional insured shall be
effective until after thirty (30) days prior written notice by
certified mail thereof has been given to CITY. CONTRACTOR shall
give CITY prompt and timely notice of any claim made or suit
instituted.
(f) . Indemnification: CONTRACTOR shall indemnify and save
harmless CITY, its officers and employees, against any and all
damages to property or injuries to or death of any person or
persons, including property and employees or agents of CITY and
shall defend, indemnify and save harmless CITY, its officers and
employees, from any and all claims, demands, suits, actions or
proceeding of any kind or nature, including, but not by way of
limitation, workers ' compensation claims, of or by anyone
whomsoever, directly or indirectly caused by, or arising out of a
breach of a requirement of this Agreement by the CONTRACTOR or any
negligent or willful act or omission of CONTRACTOR or any negligent
or willful act or omission of the CONTRACTOR its employees or
34
•
subcontractors in the performance of this Agreement. CONTRACTOR
shall procure and maintain, at its own cost and expense, any
additional kinds and amounts of insurance which, in its own
judgment, may be necessary for its proper protection in the
performance of the work. Insurance coverage specified in this
Agreement shall in no way lessen or limit the terms of this
indemnification.
(g) . Enforcement of Scope of Services: CONTRACTOR shall
reimburse the CITY for any costs incurred by the CITY in enforcing
and potentially defending any challenges by any and all school and
college districts regarding the solid waste collection regulations
contained herein.
(h) . Waivers: No acquiescence, failure or neglect of either of
the contracting parties to insist on strict performance of any or
all of the terms hereof shall be considered as or constitute a
waiver , or any term or condition of this Agreement or any
perforance required thereunder, or any remedy, damage or other
liability arising out of such refusal, neglect or inability to
perform at any time.
40. SUBCONTRACTORS AND MANAGEMENT:
(a) . The CONTRACTOR shall not subcontract this Agreement nor
any part hereof without first obtaining the consent of the City
Council.
(b) . CONTRACTOR shall designate the person to be in charge of
administering this Agreement. The CITY retains the right to reject
said person at any time during the term of this Agreement upon
reasonable grounds. Should the CITY require the replacement of any
person so designated by CONTRACTOR, the CONTRACTOR shall have
thirty (30) days within which to designate, with the CITY'S
approval, a new person.
(c) . The CITY may cancel this Agreement pursuant to Section 32
or in the event of a breach of the covenants in subsections (a)
and (b) hereinabove.
41. ACCOUNTING AND AUDITING:
(a) . The CONTRACTOR shall maintain financial records in
accordance with generally accepted accounting principles.
(b) . CONTRACTOR shall make its records, reports, and methods
of accounting available to the CITY ' S designated representative
during normal business hours to allow the such person to review and
verify the information reported pursuant to this Agreement
including, but not limited to, the information reported pursuant to
Section 14 hereof, the information reported pursuant to Sections 20
through 23 including, but not limited to, the tonnages reported
35
therein, and the gross receipts reported pursuant to Section 10
hereof.
42. BOND:
The CONTRACTOR shall, prior to the initial date of the term of
this Agreement, execute and file with the City Clerk a surety bond
in the penal sum of Two Million Dollars ($2 , 000, 000. 00) conditioned
upon the faithful performance of this Agreement by the CONTRACTOR
and its subcontractors, if any. Said bond may be written for a
term of one year, and may thereafter be renewed by certificate,
provided however, that the CONTRACTOR agrees to maintain such bond
or bonds in force for the complete term of this Agreement.
43. MEDIA RELATIONS:
The CONTRACTOR shall notify the CITY by facsimile of all
requests for news media interviews related to the CITY'S solid
waste collection program within twenty-four (24) hours. Before
responding to any inquiries involving controversial issues,
CONTRACTOR will discuss the proposed response with the CITY.
Copies of draft news releases or proposed trade journal articles
shall be submitted to CITY for prior review and approval at least
two (2) working days in advance of release. copies of articles
resulting from media interviews or news releases shall be provided
to the CITY within five (5) days after publication.
44. NOTICES:
Any notice required by this Agreement shall be sufficiently
served if personally delivered or if deposited into the U.S. Mail,
postage prepaid, and if addressed as follows:
If served by CONTRACTOR upon CITY:
Executive Director of Public Works
Public Works Agency
City of Santa Ana
101 W. Fourth St. , 4th Floor
Santa Ana, California 92701
If served by CITY upon CONTRACTOR: with a courtesy copy to:
David W. Ross Group General Counsel
Division President Waste Management, Inc.
Great Western Reclamation 18500 Von Karman Avenue
1800 South Grand Suite 900
Santa Ana, California 92705 Irvine, CA 92715
45. GENDER AND NUMBER:
As used herein, the masculine gender shall include the
feminine and neuter, and the singular shall include the plural.
36
46. VALIDITY:
The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of the other
provisions of this Agreement.
47. ASSIGNABILITY:
CONTRACTOR may not assign or transfer any rights, interests or
duties or obligations of performance under this Agreement, whether
by assignment or novation, without the prior written consent of the
CITY; provided, however, that claims for money due or to become due
to the CITY under this Agreement may be assigned to a bank, trust
company or other financial institution, or to a trustee in
bankruptcy, without such approval. This section shall not prohibit
the assignment, merger or transfer of any rights or interests
herein to any other wholly owned subsidiary of Waste Management,
Inc. .Notice of any assignment, merger or transfer shall be
furnished to the CITY in writing within seven (7) calendar days of
such assignment, merger or transfer.
•
48. GOVERNING LAW:
This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year first hereinabove written.
CITY OF SANTA ANA
ATTEST:
By:
D A` - L P . YOUN
ICE C. GUY Mayor
C erk of the Cou ,ci
APPROVED AS TO FORM:
eg:EDWAR J. CLOPE•
City Attorney
GREA WESTERN REC TION
By: ,:L / l
L
APPROVED AS TO FORM: DAVID W. BOSS
/141,
/4 Division Pres. , General Ma ager
T. Michael O'Brief, Esq.
Group General Counsel
Waste Management, Inc.
Approved s to content
37
ity Manager
REQUEST FOR
COUNCIL ACTION erc.arionaIse
CITY COUNCIL
MEETING DATE April 19 , 1993 I CLERK OF THE COUNCIL USE ONLY
Approved
TITLE AGREEMENT WITH GREAT WESTERN As Recommended
As Amended (see M
RECLAMATION FOR REFUSE COT,LECTTON,. v Ord nancinance on 1st Readingdtg)
DIS•OSAL e 1. II 14I I Ordinance on 2nd Reading
I I Implementing Resolution
I Set Public Hearing For
wrap'' Continued to:
_FILE NUMBER S ; A 93'0'f,5r—
C MANAGER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the Mayor and
Clerk of the Council to execute an agreement with Great Western
Reclamation to provide refuse collection, disposal and recycling
services to the City effective July 1, 1993 through June 30, 1998 .
DISCUSSION
In 1989 the State legislature passed Assembly Bill (AB) 939
requiring each city and county in the state to develop a - plan for
reducing the amount of refuse disposed of in landfills. The law
mandates reduction in refuse disposed of by 25% by 1995 and by 50%
by the year 2000.
The City of Santa Ana adopted the required Source Reduction and
Recycling Element (SRRE) in June 1992 . This plan includes the
recycling and composting programs required to meet the mandatory
reductions.
On December 7 , 1992 the City Council directed staff to seek
competitive proposals for a single company to provide the City's
refuse collection, disposal and recycling services. The Public
Works Agency hired the consulting firm of Hilton, Farnkopf and
Hobson to assist in preparation of a Request for Proposal (RFP) .
The RFP was released on January 15, 1993 .
147 2 5F
CS.383
Agreement with Great Western Reclamation
April 19, 1993
Page 2
The City' s objectives as identified in the RFP are as follows:
1. To meet the mandates of AB 939 that require a 25%
reduction in 1995 and 50% reduction in 2000 in solid
waste that is disposed of at the landfills in accordance
with the City' s plan.
2 . To obtain quality service for the community.
3 . To obtain competitive rates for these services.
A mandatory pre-proposal meeting was held the following week to
address any questions. Representatives from ten companies attended
the conference. On March 8, 1993 the City received four responses.
Those responding included Great Western Reclamation, Browning-
Ferris Industries, Western Waste Industries and Ware Disposal.
The evaluation team was comprised of the City Manager, City
Attorney, and the Executive Director, Administrative Services
Manager and Enterprise Coordinator from the Public Works Agency.
The proposals were evaluated on their technical ability to perform
the required services, customer service and references, and their
financial ability/willingness to assume the responsibility for
complying with AB 939 . Following completion of the technical
evaluation, the cost proposals were reviewed.
Ware Disposal failed to submit the required proposal deposit and
submitted a proposal only for a portion of the required services.
That proposal was subsequently considered unresponsive. The other
three proposals were rated as indicated below. Total costs based
on the numbers of existing curbside and bin customers submitted for
the first two years of the agreement (during implementation of the
recycling programs) are as follows:
Costs Costs
Proposal Rating FY 93-94 FY/94-95
Great Western Reclamation 96. 33 $13 , 963 , 548 $16,729,548
Browning-Ferris Industries 94 . 00 15, 550, 358 16,969,439
Western Waste Industries 68. 33 17 , 649, 996 19,659,444
Based on the technical rating and the proposed costs (Great
Western' s proposed costs are $1, 826,701 less than the next lowest
proposal during the two-year period) , staff is recommending an
agreement with Great Western Reclamation. A summary of the rates
proposed is attached (Exhibit 1) .
51 148
Agreement with Great Western Reclamation
April 19 , 1993 -
Page 3
AGREEMENT
The key provisions of the agreement will be as follows:
GENERAL
1. AB 939 compliance and indemnification
State law mandates that each city implement its SRRE by
implementing the required source reduction, recycling,
composting, and educational programs and meet the
specified reduction in refuse disposal. Fines up to
($10, 000 per day ($3 . 65 million per year) may be levied
for non-compliance.
Under the agreement, the contractor will assume the
responsibility for implementation of all programs
required to comply with AB 939 and will indemnify the
City to the extent that the contractor collects and
disposes of the solid waste. This is the primary reason
for having a single hauler with adequate financial
resources and expertise to perform these services.
Failure to meet the targets will require the City (and
ultimately the residents and business community) to
accept the risk that would otherwise be shifted to Great
Western. To shift the responsibility to a single
contractor and to meet the goal of 50% by 2000, the City
must give the required five year notice at this time to
make the temporary construction and demolition refuse
collection subject to an exclusive agreement, effective
in 1998 .
2 . Ouality Service
The service provided to the community by Great Western
during the years has been well received. The agreement
will require that Great Western maintain that quality of
service provided to the community.
RESIDENTIAL CURBSIDE SERVICE
1. Implementation of a recycling program at a materials
recovery facility and implementation of a composting
program
State law requires recycling, composting and associated
refuse reduction programs. Great Western will be
responsible for providing recycling of all City refuse.
149 2 5F
Agreement with Great Western Reclamation
April 19, 1993
Page 4
The company owns and operates a Materials Recovery
Facility (MRF) which is located in Irvine which will be
used to begin the City's recycling program. In addition,
Great Western has purchased 15. 1 acres (the former Kerr
Glass site) directly adjacent to their facility on Grand
Avenue and has submitted the required plans to the City
for developmental review. That process is not yet
completed. Should the site not be developed for any
reason, Great Western will utilize existing MRF
facilities in Stanton and/or Anaheim.
The residential recycling program will begin in July 1993
with one-third of all refuse being processed at the MRF.
Two-thirds of the refuse will be processed in January
1994 and the remaining one-third will be processed in
July 1994 . Residents will be required to separate only
their newspapers and yard waste.
The City' s composting program will coincide with these
implementation dates. Separated yard waste collected
from residences will be taken to a separate composting
facility for processing.
2 . Large item pick-up service at the curbside for
residential customers
Single family residences will be allowed two on-call
curbside pick-ups per year at no cost. This will allow
residents to eliminate large items stored on their
property and will support the City' s ongoing efforts to
clean up the neighborhoods. This service will replace
the semiannual large item cleanup program presently held
in various City parks.
3 . Competitive contractor rates for curbside service
Great Western is presently paid $9 .71 per month per
customer for curbside service. The rate paid to Great
Western under the new agreement will be $8 .70 per month
for the first 6 months of the agreement, $9 .70 for the
second six months, and $10. 70 during the second year of
the agreement. These are the lowest rates proposed and
include the implementation of the City' s recycling
program (see Exhibit 1) .
25 f? 150
Agreement with Great Western Reclamation
April 19, 1993
Page 5
COMMERCIAL/APARTMENT BIN SERVICE
1. Implementation of a recycling program at a materials
recovery facility and implementation of a composting
Program
The recycling program for commercial and apartment bin
service is scheduled to begin July 1993 and, like
residential, will be phased over an 18 month time frame.
Separated yard waste collected from commercial and
apartment accounts will be taken to a separate composting
facility for processing.
2 . A 22 . 2% reduction in apartment bin rates effective July
1993
Apartment bin rates paid by 2, 112 customers will be
reduced effective July 1, 1993 by an average of 22 .2
percent. The proposed rates are shown on Exhibit 2 for
the recycling phase-in period. Based on the prices
received from Great Western as part of the competitive
proposal process, apartment customers will save $955,300
during the 1993-94 fiscal year.
3 . A 30. 5% average reduction in commercial/industrial bin
rates effective July 1993
Commercial bin rates paid by 4, 183 customers will be
reduced effective July 1, 1993 by an average of 30. 5
percent. The proposed rates are shown on Exhibit 3 for
the recycling phase-in period. Based on the prices
received from Great Western as part of the competitive
proposal process, commercial customers will save $2.72
million during the 1993-94 fiscal year.
CITY SERVICES
1. Collection of refuse on city arterials
To enhance the cleanliness of the City' s arterials,
containers will be placed in the more heavily trafficked
areas in the city. This refuse will be collected once
per week.
2 . City bin and roll-off service free of charge
Presently city operations generate refuse at various City
locations, including the parks, City Hall, fire stations,
libraries, and the City Corporation Yard. These bin and
151 2 5 F
•
Agreement with Great Western Reclamation
April 19, 1993
Page 6
roll-off services will be provided free of charge as a
part of the new agreement. In addition, roll-off boxes
for neighborhood cleanups will be provided by Great
Western at no cost to the Economic Development Agency.
3 . Franchise fee of 5% to be paid to the City
Presently part of the residential fee is utilized to
support the refuse collection program. This agreement
will extend a similar fee (which is built into the rates)
to commercial, apartment bin and roll-off service
accounts.
Effective July 1993 the City will receive 5% of gross
revenues from all services directly billed by Great
Western. This will generate approximately $650, 000 in
new revenue for the City per year.
The proposed agreement will allow the City to provide quality
refuse services, begin recycling, maximize the City' s capabilities
for meeting state mandates - all at very competitive rates.
FISCAL IMPACT
The rate paid to Great Western Reclamation will be $8 .70 per month
per customer for the first six months, $9 . 70 per month for the
second six months, and $10.80 for the second year of the agreement.
The rates payable by the commercial, residential bin and roll-off
service customers are listed on the attached exhibits submitted by
Great Western Reclamation.
The agreement will provide an increase in City revenues of
approximately $650, 000 and a decrease in current City expenditures
of approximately $360, 000 each year of the agreement.
APPROVED AS TO FUNDS AND ACCOUNTS:
Jam
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Executive Director Rod R. Coloma
Executive Director
Public Works Agency Finance & Management Services
SF r ° 152
RESPONSES TO REFUSE COLLECTION AND RECYCLING RFP
SUMMARY OF REVENUES - YEARS 1 AND 2
Great.Western Browning-Ferris Western Waste
Reclamation Industries Industries
Curbside - Year 1 4,419,312 5,043,780 5,620,212
Commercial Bin - Year 1 6,190,260 6,776,022 8,121,420
Multi-family Bin —Year 1 3,353,976 - 3,730,556 3,908,364
Subtotal 13,963,548 15,550,358 17,649,996
Curbside - Year 2* 5,187,888 5,264,746 6,677,004
Commercial Bin - Year 2* 7,499,340 7,542,423 8,757,240
Multi-family Bin - Year 2* 4,042,320 4,162,270 4,225,200
Subtotal 16,729,548 16,969,439 19,659,444
Total Curbside and Bin Costs $30,693,096 $32,519,797 $37,309,440
CONTRACTOR RATES. FOR CURBSIDE SERVICE
First 6 months $8.70 $10.30 $10.90
Second 6 months 9.70 10.70 12.50
Second Year* 10.80 10.96 13.90
ROLL-OFF BOX RATES - $ PER DUMP
10 cubic yards $120 $130 $120
20 cubic yards 120 140 120
30 cubic yards 120 150 120
*Rates for years 2 through 5 are subject to cost of living adjustments
and passthrough of landfill increases.
Exhibit 1
2 5F
yf
153
GREAT WESTERN RECLAMATION
RESPONSES TO REFUSE COLLECTION AND RECYCLING RFP.
APARTMENT BIN RATES
Current
Bin Monthly Monthly Rate Monthly Rate Monthly Rate
Size/Freq Rates July 1, 1993 January 1, 1994 July 1, 1994*
1YD
1X 54 48 48 50
2X n/a 88 88 90
3X n/a 128 128 130
4X n/a 168 168 170
5X n/a 208 208 210
6X n/a 258 258 260
a
2YD
1X 80 48 48 55
2X 125 86 86 100
3X 164 124 124 145
4X 203 . 162 162 190
5X 239 200 200 235
6X 277 253 253 280
3YD
1X 110 68 68 80
2X 159 116 116 140
3X 203 164 164 200
4X 247 212 212 260
5X 292 260 260 320
6X 332 333 333 405
4YD
1X 141 76 76 - 95
2X 193 134 134 165
3X 245 194 194 235
4X 297 252 252 305
5X 348 310 310 375
6X 398 403 403 480
* Rates for years 2 through 5 are subject to cost of living adjustments
and passthrough of landfill increases.
Exhibit 2
SF t_ 154
G,
BROWNING-FERRIS INDUSTRIES
RESPONSES TO REFUSE COLLECTION AND RECYCLING RFP
APARTMENT BIN RATES
Current
Bin Monthly Monthly Rate Monthly Rate Monthly Rate
Size/Freq . Rates July 1, 1993 January 1, 1994 July 1, 1994*
1YD
1X 54 42.69 44.38 45.95
2X n/a 76.88 80.26 83.41
3X n/a 111.07 116.14 120.86
4X n/a 145.26 152.01 158.32
5X n/a 179.45 187.89 195.77
6X n/a 213.64 223.77 233.23
2YD
1X 80 54.33 57.71 60.86
2X 125 98.77 105.52 111.83
3X 164 143.20 153.34 162.79
4X 203 187.64 201.15 213.76
5X 239 232.07 248.96 264.72
6X 277 276.51 296.77 315.68
3YD
1X 110 65.98 71.05 75.77
2X 159 . 120.66 130.79 140.25
3X 203 175.34 190.54 204.72
4X 247 230.02 250.28 269.19
5X 292 284.70 310.03 333.67
6X 332 339.38 369.77 398.14
4YD
1X - 141 77.62 84.38 - 90.68
2X 193 142.55 156.06 168.67
3X 245 207.47 227.74 246.65
4X 297 272.40 299.42 324.63
5X 348 337.32 371.09 402.62
6X 398 402.24 442.77 480.60
* Rates for years 2 through 5 are subject to cost of living adjustments
and passthroughs of landfill. increases.
Exhibit 2
`` 155 2511,
WESTERN WASTE INDUSTRIES
RESPONSES TO REFUSE COLLECTION AND RECYCLING REP
APARTMENT BIN RATES
Current
Bin Monthly Monthly Rate Monthly Rate Monthly Rate
Size/Freq Rates July 1, 1993 January 1, 1994 July 1, 1994*
1YD
1X 54 50 55 60
2X n/a 75 83 90
3X n/a 100 111 120
4X n/a 125 139 150
5X n/a 150 167 180
6X n/a 175 195 210
2YD
1X 80 70 75 80
2X 125 105 113 120
3X 164 140 151 160
4X 203 175 189 200
5X 239 210 227 240
6X 277 245 265 280
3YD
1X 110 90 95 100
2X 159 135 143 150
3X 203 180 191 200
4X 247 225 239 250
5X 292 270 287 300
6X - 332 315 335 350
4YD
1X 141 110 115 120
2X 193 165 173 180
3X 245 220 231 240
4X 297 275 289 300
5X 348 330 347 360
6X 398 385 405 420
* Rates for years 2 through 5 are subject to cost of living adjustments
and passthrough of landfill increases.
Exhibit 2
25F 156
GREAT WESTERN RECLAMATION
RESPONSES TO REFUSE COLLECTION AND RECYCLING RFP
COMMERCIAL/INDUSTRIAL BIN RATES
Current
Bin Monthly Monthly Rate Monthly Rate Monthly Rate
Size/Freq. Rates July 1, 1993 January 1, 1994 July 1, 1994*
1YD
1X 54 38 38 40
2X n/a 68 68 70
3X n/a 98 98 100
4X n/a 128 128 130
5X n/a 158 158 160
6X n/a 198 198 200
2YD
1X 80 40 40 45
2X 125 73 73 80
3X 164 106 106 115
4X 203 139 139 150
5X 239 172 172 185
6X 277 215 215 235
3YD
1X 110 58 58 65
2X 159 101 101 120
3X 203 144 144 175
4X 247 187 187 230
5X 292 230 230 285
6X 332 293 293 365
4YD
1X 141 - 68 - 68 - 85 - -
2X 193 123 123 155
3X 245 178 178 225
4X 297 233 233 295
5X 348 288 288 365
6X 398 373 373 470
* Rates for years 2 through 5 are subject to cost of living adjustments
and passthrough of landfill increases.
Exhibit 3
2 5F
157
BROWNING-FERRIS INDUSTRIES
RESPONSES TO REFUSE COLLECTION AND RECYCLING RFP
COMMERCIAL/INDUSTRIAL BIN RATES
Current
Bin Monthly Monthly Rate Monthly Rate Monthly Rate
Size/Freq. Rates July 1, 1993 January 1, 1994 July 1, 1994*
1YD
1X 54 40.33 41.62 42.84
2X n/a 72.15 74.75 77.17
3X n/a 103.98 107:87 111.51
4X n/a 135.80 141.00 145.85
5X n/a 167.63 174.12 180.18
6X n/a 199.45 207.25 214.52
2YD
1X 80 49.61 52.20 54.63
2X 125 89.31 94.51 100.76
3X 164 129.02 136.81 145.49
4X 203 168.72 179.12 - 190.22
5X 239 208.43 221.42 234.94
6X 277 248.14 263.72 279.67
3YD
1X 110 58.89 62.78 67.82
2X 159 106.47 114.27 122.94
3X 203 154.06 165.75 178.06
4X 247 201.65 217.23 233.18
5X 292 249.23 268.72 288.30
6X 332 296.82 320.20 343.43
4Y0
1X' . 141 . 68.17 - 73.36 79.61
2X 193 123.63 134.03 145.13
3X 245 179.10 194.69 210.64
4X 297 234.57 255.35 276.15
5X 348 290.04 316.02 341.66
6X 398 345.50 376.68 407.18
* Rates for years 2 through 5 are subject to cost of living adjustments
and passthrough of landfill increases.
Exhibit 3
2 5F
158
I
WESTERN WASTE INDUSTRIES
RESPONSES TO REFUSE COLLECTION AND RECYCLING RFP
COMMERCIAL/INDUSTRIAL BIN RATES
Current
Bin Monthly Monthly Rate Monthly Rate Monthly Rate
Size/Freq. Rates July 1, 1993 January 1, 1994 July 1, 1994*
1YD
1X - 54 50 55 60
2X n/a , 75 --83 90
3X n/a 100 111 120
4X n/a 125 139 150
5X n/a 150 167 180
6X n/a 175 195 210
2YD
1X 80 70 75 80
2X 125 105 113 120
3X 164 140 151 160
4X 203 175 189 200
5X 239 210 227 240
6X 277 245 265 280
3YD
lX 110 90 95 100
2X 159 135 143 150
3X 203 180 191 200
4x 247 225 239 250
5X 292 270 287 300
6X 332 315 335 350
4YD
1X 141 - 110 115 120 - -
2X 193 165 173 180
3X 245 220 231 240
4X 297 275 289 300
5X 348 330 347 360
6X 398 385 405 420
* Rates for years 2 through 5 are subject to cost of living adjustments
and passthrough of landfill increases.
Exhibit 3
_:- , 159 25F