HomeMy WebLinkAbout25F - AGMT EXTENSION OF THE SOLID WASTE SERVICESREQUEST FOR
COUNCIL ACTION
% CITY COUNCIL MEETING DATE:
OCTOBER 17, 2017
TITLE:
APPROVE A TWO-YEAR EXTENSION OF
THE SOLID WASTE SERVICES
,AGREEMENT WITH USA WASTE OF
CALIFORNIA, INC. (DBA WASTE
MANAGEMENT OF ORANGE COUNTY),
AND RECEIVE AND FILE THE NEW SOLID
WASTE SERVICES RFP TIMELINE AND
DRAFT SCOPE OF WORK
(STRATEGIC PLAN NO. 4, 1)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1"Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve the proposed Amended and Restated Solid Waste Services Agreement with USA
Waste of California, Inc. (dba Waste Management of Orange County), extending the
expiration date to June 30, 2020, with provision for a one-year renewal exercisable by the City
Manager and the City Attorney, and including the implementation of programs addressing the
unfunded legislative mandates in California State Assembly Bills 1826 and 341, .subject to
non -substantive changes approved by the City Manager and City Attorney.
2. Receive and file the new Solid Waste Services Request for Proposals Process Timeline, draft
Scope of Work, and draft Framework.
DISCUSSION
On October 3, 2017, City Council directed staff to complete negotiations of a short-term contract
extension with USA Waste of California, Inc. (dba Waste Management of Orange County).
These negotiations are now finalized and staff is recommending a two-year extension agreement
(Exhibit 1).
This short-term extension will give the City two years to complete the new RFP process. The
average solid waste RFP process, from development of the scope to contract roll-out, can take
approximately 16 months to complete, if there are no delays or complications. However, the
impact of the new commercial solid waste program roll-out in Los Angeles already has the
potential to delay the availability of new trash carts, bins, and trucks for Santa Ana. Therefore, a
25F-1
Approve a Two-year Solid Waste Agreement Extension
Receive and File RFP Timeline and Draft Scope of Work
October 17, 2017
Page 2
two-year extension would provide sufficient time to transition to a new refuse service provider, if
needed, without incurring increased costs of equipment manufacture and delivery.
With an estimated 40,000 residential customers and three separate cart pickups per week, this
agreement extension maintains the high level of service that Santa Ana residents and businesses
have come to rely on. This agreement also continues complimentary City services such as:
■ Refuse collection at all City events
■ Construction and demolition debris collection from City projects
• Alley debris pick-up, first and third weeks of each month, 120 hours each week
■ Citywide garage sale debris pick-up from parkways following each event, 120 hours each
quarter
■ Up to 300, 40 -yard containers per year for neighborhood clean-up events
■ Bi -annual, citywide Household Hazardous Waste Collection event.
In addition, the. two-year extension agreement includes programming to address the unfunded
State legislative mandates for organics (Assembly Bill 1826) and commercial/multi-family
(Assembly Bill 341) recycling. This agreement allows for immediate implementation of these
programs, bringing the City into compliance with State requirements.
This agreement extension achieves all of the necessary objectives for continued service until a
new solid waste services Request for Proposals (RFP) process can be completed. As such, staff
recommends the approval of the two-year extension. Staff will be requesting follow-up Council
action to extend the agreements with Waste Management and Ware Disposal for construction
and demolition debris collection, and the Madison Materials Host Fee Agreement to expire
concurrently with the negotiated extension. At that point in time, staff will return for Council
direction on this item.
NEW PROGRAMS AND FEATURES
The following highlights the new programs and features included in the two-year agreement
extension:
New Recycling Programs
AB 1826 Mandatory Organics Recycling Program.
• AB 341 Mandatory Commercial and Multi -Family Recycling Program.
Education and Outreach Programs
• Education, Implementation, and Outreach Campaign for State mandate AB 1826 and AB
341 to start immediately.
25F-2
Approve a Two-year Solid Waste Agreement Extension
Receive and File RFP Timeline and Draft Scope of Work
October 17, 2017
Page 3
Pricing
Establishes rates for State mandate AB 1826 organics collection services. (See Exhibit
"C" Rates of Fifth Amended and Restated Agreement [Exhibit 1].)
• Establishes rates for State mandate AB 341 recycling collection services. (See Exhibit "C"
Rates of Fifth Amended and Restated Agreement [Exhibit 1].)
• Establishes a 1.12% surcharge for commercial and roll -off service in Year One, and a
2.64% surcharge in Year Two. This surcharge will recover program start-up costs for State
mandates AB 1826 and AB 341, including the education and outreach campaigns.
• Adjusts the Residential solid waste extra cart rate from $2 to $10 per month to encourage
recycling, while providing extra recycling (grey cart) and green waste carts (green cart) at
no charge.
• Establishes a Commercial Cart Rate for those businesses with limited space and/or
minimal solid waste collection needs.
• Establishes a Contamination Fee of $10 per occurrence for Residential customers, and
$50 per occurrence for Commercial customers, to encourage proper recycling, reduce
contamination, and achieve State mandate AB 939 waste diversion goals. Fees to be
assessed only after customer fails to adhere following three notifications (residential) or
two notifications (commercial), and verification.
NEW SOLID WASTE SERVICES RFP PROCESS
Staff anticipates the remainder of the RFP Process and new contract roll-out period to take
approximately 15 to 18 months. As such, staff is providing the attached Timeline (Exhibit 2),draft
Scope of Work (Exhibit 3), and draft RFP Framework (Exhibit 4), to ensure an open and
transparent process, and allow for discussion in advance of the full RFP coming forward for
future City Council consideration.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #4 — City Financial Stability,
Objective #1 (maintain a stable, efficient and transparent financial environment).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action. However, increased recycling
activity will divert materials from the landfill, thus extending the life of the landfill system and
recovering valuable recyclable resources.
25F-3
Approve a Two-year Solid Waste Agreement Extension
Receive and File RFP Timeline and Draft Scope of Work
October 17, 2017
Page 4
FISCAL IMPACT
There is no fiscal impact associated with this action at this time. Council action will be requested
prior to implementing any programs involving new rates or fees.
-----------------
Public Works Agency
FM/MLM/ck
Exhibits: 1. Fifth Amended and Restated Agreement
2. New Solid Waste Services RFP Timeline
3. Draft Solid Waste Services RFP Scope of Work
4. Draft Solid Waste Services RFP Framework
25F-4
FIFTH AMENDED AND RESTATED
AGREEMENT FOR COLLECTION AND HANDLING
OF SOLID WASTES GENERATED, PRODUCED AND/OR
ACCUMULATED IN THE CITY OF SANTA ANA
by and between
THE CITY OF SANTA ANA
1►i
WASTE MANAGEMENT COLLECTION AND RECYCLING INC.
EXHIBIT 1
25F-5
TABLE OF CONTENTS
Page
RECITALS.................................................................................................................................... 1
1.
GRANT OF CONTRACT: ................................................................................................
2
2.
TERM OF CONTRACT: ...................................................................................................
2
3.
DEFINITIONS: ..................................................................................................................
2
4.
SCOPE OF SERVICE: ......................................................................................................
6
5.
COLLECTION HOURS: ...................................................................................................
6
6.
HOLIDAYS: ......................................................................................................................
7
7.
FREQUENCY OF COLLECTIONS: ................................................................................
7
8.
MAINTENANCE OF SCHEDULES: ...............................................................................
7
9.
EXCLUSIVENESS OF AGREEMENT: ...........................................................................
7
10.
SOLID WASTE FRANCHISE FEE: .................................................................................
8
11.
AUTOMATED SYSTEM: ................................................................................................
9
(a) -(f) Intentionally Omitted
(g) REPLACEMENT OF RESIDENTIAL AND COMMERCIAL
COLLECTION VEHICLES..................................................................................
9
12.
COLLECTION POINTS AND REQUIREMENTS: .........................................................
9
13.
SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY
OPERATIONS: ................................................................................................................
10
(a) CITY GOVERNMENT OPERATIONS.............................................................
10
(b) STREET SWEEPING..........................................................................................
10
(c) NEIGHBORHOOD CLEANUPS........................................................................
10
14.
COLLECTION, RECYCLING, YARD WASTE DIVERSION AND DISPOSAL,
REQUIREMENTS: ..........................................................................................................
11
(a) CURBSIDE SERVICE........................................................................................
11
(1) Non -Recyclable Solid Waste Collection and Recycling Plastic
Carts.........................................................................................................
11
(2) Recyclable Solid Waste Collection and Recycling Plastic Carts .............
11
(3) Yard Waste Collection and Recycling Plastic Carts ................................
11
(b) BIN SERVICE.....................................................................................................
11
(c) ROLL -OFF SERVICE.........................................................................................
12
(d) TEMPORARY BIN SERVICE...........................................................................
12
I
25F-6
TABLE OF CONTENTS
(continued)
Page
ii
25F-7
(e) PARKWAY CLEAN-UP FOLLOWING GARAGE SALES .............................
12
(f) ALLEY CLEAN -TIP FOLLOWING THE 1ST OF EACH MONTH ................
12
(g) DISPOSAL..........................................................................................................
12
15.
[RESERVED]
16.
CIWMA REPORTING REQUIREMENTS: ...................................................................
13
17.
SRRE CONSULTANT: ...................................................................................................
13
18.
PUBLIC EDUCATION SERVICES: ..............................................................................
14
19.
STANDARDS FOR COLLECTION, EQUIPMENT AND NOISE: ..............................
15
20.
MAINTENANCE OF BINS AND ROLL -OFF CONTAINERS: ...................................
15
21.
COLLECTION OF BULKY ITEMS: .............................................................................
16
22.
CURBSIDE SERVICE PAYMENTS: ............................................................................
17
23.
RESIDENTIAL BIN SERVICE RATES: .......................................................................
17
24.
COMMERCIAL/INDUSTRIAL BIN SERVICE RATES: .............................................
18
25.
ROLL -OFF SERVICE RATES: ......................................................................................
18
26.
COMPENSATION FOR GRANTS: ...............................................................................
18
27.
ADJUSTMENTS TO CHARGES: ..................................................................................
18
(a) HAULING AND PROCESSING CHARGES .....................................................
18
(1) PRICE INDICES.....................................................................................
18
(2) CURBSIDE SERVICE............................................................................
18
(3) BIN SERVICE AND ROLL -OFF SERVICE .........................................
18
(b) GATE FEES.........................................................................................................
19
(c) SOLID WASTE FRANCHISE FEE....................................................................
19
(d) SMART FEES....................................................................................................
19
28.
SPECIAL BIN SERVICES AND CUSTOMER SERVICE REQUIREMENTS ..........
19
29.
MINIMUM SERVICE LEVELS - MULTI -FAMILY RESIDENTIAL
BUILDINGS: ...................................................................................................................
20
30.
MINIMUM SERVICE LEVELS - COMMERCIAL/INDUSTRIAL BIN
SERVICE AND ROLL -OFF SERVICES.......................................................................
21
31.
SERVICE STANDARDS:...............................................................................................
21
ii
25F-7
TABLE OF CONTENTS
(continued)
Page
32.
SUPERVISION: ..............................................................................................................
21
33.
TITLE TO SOLID WASTE: ...........................................................................................
22
34.
FAILURE TO COLLECT: ..............................................................................................
22
35.
DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT: .........................
23
36.
LIQUIDATED DAMAGES: ...........................................................................................
24
37.
USE BY CITY OF CONTRACTOR'S EQUIPMENT: ..................................................
25
38.
COMPLAINTS: ...............................................................................................................
25
39.
COMPENSATION REDUCTION DURING STRIKE PERIOD: ..................................
26
40.
FEES AND GRATUITIES: .............................................................................................
27
41.
LEGAL RELATIONS AND RESPONSIBILITIES: . .....................................................
27
(a) Applicable Laws..................................................................................................
27
(b) Personnel..............................................................................................................28
(c) Permits and Licenses............................................................................................
28
(d) Workers' Compensation Policy...........................................................................
28
(e) Public Liability Insurance....................................................................................
28
(f) Insurance Responsibility for CITY Owned Solid Waste Collection and
RecyclingVehicles..............................................................................................
28
(g) Indemnification....................................................................................................29
(h) Enforcement of Scope of Services.......................................................................
29
(i) Waivers................................................................................................................29
42.
SUBCONTRACTORS AND MANAGEMENT: ............................................................
30
43.
ACCOUNTING AND AUDITING: ................................................................................
30
44.
BOND: .............................................................................................................................
30
45.
MEDIA RELATIONS: ....................................................................................................
30
46.
NOTICES: ........................................................................................................................
31
47.
GENDER AND NUMBER: ............................................................................................
31
48.
VALIDITY: .....................................................................................................................
31
49.
ASSIGNABILITY: ..........................................................................................................
31
50.
GOVERNING LAW: .......................................................................................................
32
WASTE MANAGEMENT INC.(WASTE MANAGEMENT GUARANTEE ...........................
33
iii
25F-8
TABLE OF CONTENTS
(continued)
EXHIBIT "A" - SPECIFICATIONS ...........................
EXHIBIT `B" — NOT REQUIRED
EXHIBIT «C„ _ RATES ..................................................
EXHIBIT "D" — NOT REQUIRED
iv
25F-9
FIFTH AMENDED AND RESTATED
AGREEMENT FOR COLLECTION AND HANDLING
OF SOLID WASTE GENERATED AND/OR
ACCUMULATED IN THE CITY OF SANTA ANA
This FIFTH AMENDED AND RESTATED AGREEMENT, made and entered into this
day of 2017 by and between the City of Santa Ana, a charter city and
municipal corporation duly authorized under the Constitution and laws of the State of California
(referred to herein as "City")," and Waste Management Collection and Recycling, Inc., a
California corporation dba Waste Management of Orange County, hereinafter called,
"CONTRACTOR,"
RECITALS
1. The Legislature of the State of California, by enactment of the 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 wellbeing 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 therefore, be provided by contract to a
qualified contractor,
3. On June 30, 1993, CITY and CONTRACTOR entered into an agreement for such
Solid Waste collection and handling (the "Original Agreement").
4. Since the execution thereof, CITY and CONTRACTOR jointly concurred that it
would be in the best interest of the CITY and the residents therein that the Original Agreement
be revised to provide for Solid Waste collection, recycling and disposal of Curbside Service
Units by means of automated Solid Waste collection vehicles and Solid Waste collection and
recycling plastic carts.
5. On June 1, 1996, CITY entered into an agreement entitled "Amended and
Restated Agreement for Collection and Handling of Solid Waste Generated and/or Accumulated
in the City of Santa Ana" with Great Western Reclamation, a division of CONTRACTOR
(hereinafter referred to as "Amended Agreement') to effectuate the new curbside service
collection program.
6. On June 19, 1997, CITY entered into an Agreement entitled "Second Amended
and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or
Accumulated in the City of Santa Ana" with Great Western Reclamation, a division of
CONTRACTOR to clarify the responsibilities associated with the collection, handling, and
processing of solid waste collected by Contractor.
25F-10
7. On April 3, 2005, CITY entered into an Agreement entitled "Third Amended
and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or
Accumulated in the City of Santa Ana" with USA Waste of California, Inc, a division of
CONTRACTOR ("Third Amended Agreement'), in order to, among other things: (i) extend the
term of the Agreement to June 30, 2018, (ii) incorporate new programs to increase recycling and
reduce illegal disposal of used oil, as well as to reduce illegal dumping and litter throughout the
City and (iii) include measures to ensure continued compliance with the 50% diversion
requirements as imposed by the State of California.
8. On June 20, 2017, the City entered into a Fourth Amended and Restated
.Agreement with USA Waste of California, Inc., a division of CONTRACTOR to incorporate the
provisions of previous amendments and to clarify, update and realign other provisions of the
Agreement.
9. The parties desire to enter into a Fifth Amended and Restated Agreement for the
purposes of a further extension, the incorporation of other provisions, and to clarify that
CONTRACTOR is the legal entity performing the services to be provided under this Agreement.
The City Council of the City of Santa Ana, hereby 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 terns and
conditions set forth in this Agreement.
NOW, THEREFORE, for the reasons recited above, and in consideration of the
respective and mutual covenants and promises hereinafter contained and made, and subject to all
the terns 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:
The term of this Agreement shall begin upon execution of this Agreement and shall
extend to June 30, 2020. This Agreement may be extended for a term of one year upon mutual
agreement of the parties.
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.
25F-11
(1) Act means the California Integrated Waste Management Act (California Public
Resources Code Sections 40000 et seq.), also commonly referred to as "AB 939," as amended,
supplemented, superseded, and replaced from time to time.
(2) Agreement shall mean this Fifth Amended and Restated Agreement, including the
exhibits thereto and the documents incorporated herein by reference.
(3) AB 341 shall mean Assembly Bill 341, as amended, supplemented, superseded,
and replaced from time to time, setting forth the requirements of the statewide mandatory
commercial and multifamily recycling program.
(4) AB 1826 shall mean Assembly Bill 1826, as amended, supplemented,
superseded, and replaced from time to time, requiring business to recycle their organic waste
depending on their weekly waste generation.
(5) Auditor shall mean the certified public accountant firm retained by City for
auditing services.
(6) Bin Service shall mean all Solid Waste collection services provided by
CONTRACTOR by means of front -loaded collection bins of various sizes.
(7) California Integrated Waste Management Act ("CIWMA") shall mean that act
codified by California Public Resources Code Sections 40000 et seq., and any subsequent
amendments thereto.
(8) CALRECYCLE means the California Department of Resources Recycling and
Recovery or its successor.
(9) CITY shall mean the City of Santa Ana.
(10) City Attorney shall mean the City Attorney of CITY.
(11) City Council shall mean the City Council of CITY.
(12) City Manager shall mean the City Manager of CITY.
(13) Clerk of the Council shall mean the Clerk of the Council of CITY.
(14) Code shall mean the Municipal Code of CITY, both codified and miscellaneous
ordinances
(15) Commercial Cart Service Unit shall mean those commercial customers with
limited space and minimal solid waste services requirements.
(16) Commercial/Industrial Bin Service shall mean Bin Service which is provided by
CONTRACTOR to commercial and/or industrial units.
25F-12
(17) 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.
(18) Compos means the product resulting from the controlled biological
decomposition of 3 organic wastes that are source separated from the Solid Waste stream.
(19) Composting means a method of waste treatment which produces a product
meeting the definition of "compost" herein.
(20) Composting Facility means a state permitted Solid Waste facility at which
composting is conducted and which produces a product meeting the definition of compost.
(21) 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.
(22) Contract shall mean this Agreement, entered into between CITY and
CONTRACTOR.
(23) CONTRACTOR shall mean Waste Management Collection and Recycling Inc., a
California corporation.
(24) Customer shall mean a user of CONTRACTOR's bin or roll -off container service.
(25) Disposal Site shall mean any licensed landfill site permitted by CALRECYCLE
for the receipt and ultimate disposition of Solid Waste.
(26) Executive Director shall mean the Executive Director of Public Works of CITY,
or his or her designate.
(27) Food Waste shall mean a subset of Organic Materials including: (i) all kitchen
and table food waste scraps, and animal, or vegetable, fruit, grain, dairy or fish waste that attends
or results from the storage, preparation, cooking or handling of foodstuffs, with the exception of
animal excrement, (ii) paper waste contaminated with putrescible material; and, (iii)
biodegradable food service ware designed to disintegrate and biodegrade quickly.
(28) Gate Fees shall mean those charges by a Disposal Site for Solid Wastes disposed
of at said site. Gate Fees are also known as "tipping" fees and "landfill" fees.
(29) 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. Gross Revenue does not include any revenue received by CONTRACTOR from the sale
of Recyclable Solid Waste. Notwithstanding the above, "Gross Receipts" shall not include any
SMaRT Fees collected by the CONTRACTOR from the customer as authorized by Section 7 of
Exhibit "C" herein.
25F-13
(30) 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.
(31) Hazardous Wastes are those wastes which, because of their physical or chemical
characteristics, and are defined as a "hazardous substance" or "hazardous waste" pursuant to the
Resource Conservation and Recovery Act' ("RCRA"), cannot be disposed of in a Class III
landfill under the applicable laws and regulations of the State of California.
(32) Household Hazardous Waste or HHW means Hazardous Waste generated at a
residential property within the CITY. HHW includes, but is not limited to: paint, stain, varnish,
thinner, adhesives, auto products such as old fuel, batteries, Household Batteries, fluorescent
bulbs, tubes, cleaners and sprays, and pesticides, fertilizers, and other garden products.
(33) 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.
(34) 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 as well as the segregation and transportation of non -Recyclable Solid
Wastes to a Disposal Site.
(35) Organic Materials shall mean those Green Waste and Food Waste which are
specifically accepted at the Organic Materials Processing Facility. No Discarded Material shall
be considered to be Organic Materials, however, unless it is separated from Solid Waste and
Recyclable Material.
(36) Organic Materials Processing_ Facilitesshall mean the designated Organic
Materials Processing Facility(ies) or such other facility selected by the CONTRACTOR and
approved by the CITY, which is designed, operated and legally permitted for the purpose of
receiving and processing Organic Materials including Green Waste and Food Waste.
(37) Permitted Solid Waste Facilitv means a Solid Waste facility for which there exists
a Solid Waste Facilities Permit issued by the local enforcement agency and concurred in by
CALRECYCLE.
(38) 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.
(39) Processing means the reduction, separation, recovery, conversion or Recycling of
Solid Waste.
(40) Processing Charges shall mean those portions of the curbside, bin, roll -off
container and other rates provided for in this Agreement which compensate CONTRACTOR for
25P-14
Processing Solid Wastes collected by CONTRACTOR in the CITY and delivered by
CONTRACTOR to a designated Materials Recovery Facility or Composting 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 Disposal Site after Processing the Recyclable Solid Wastes
therefrom and the cost of transporting Recyclable Solid Wastes to their ultimate destination shall
be deemed part of this Processing Charge, but the gate fee charged at said Disposal Site for
depositing said Solid Waste residue shall not be included in the Processing Charge.
(41) Recyclable Materials shall mean those materials which are capable of being
Recycled and which have been Source Separated by the Customer and which except for such
Source Separation would otherwise be processed or disposed of as Solid Waste. No Discarded
Materials shall be considered Recyclable Materials unless such material is separated from Solid
Waste and Organic Materials. Recyclable Materials shall include, but not be limited to:
newspaper (including inserts, coupons, and store advertisements); mixed paper (including office
paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper,
paperboard, paper egg cartons, telephone books, grocery bags, colored paper, construction paper,
envelopes, legal pad backings, shoe boxes, cereal and other similar food boxes); chipboard;
corrugated cardboard; glass containers, all colors; aluminum (including beverage containers, foil,
food containers, small pieces of scrap metal); scrap metal weighing less than 10 pounds (without
cords or chains and fitting into the container); steel, tin or bi-metal cans; empty plastic
containers, Numbers 1 to 7; and textiles.
(42) 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.
(43) Recycling means collecting, sorting, cleansing, treating, Processing and
reconstituting Recyclable Solid Wastes for the purpose of reuse or sale.
(44) 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.
(45) Residential Curbside Service Unit shall mean each single family residence and
duplex unit which receives curbside collection services provided by CONTRACTOR.
(46) Residential Solid Waste means Solid Waste originating from single-family or
multiple family dwellings.
(47) 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.
(48) 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
25F-15
residential, commercial and industrial sources, and at all construction and 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.
(49) Solid Waste Facility shall include a Composting Facility, Materials Recovery
Facility or a transfer station.
(50) Source Reduction and Recycling Element shall be the CITY'S plan for meeting
the requirements of CIWMA.
(51) Source Separated or Source Separation shall mean the segregation from Solid
Waste, by the Generator, of materials designated for separate Collection for some form of
Recycling, Composting, recovery, or reuse. A load of Source Separated materials that contains
more than ten (10) percent Solid Waste shall not be considered source separated.
(52) Waste Type means identified wastes having the features of a group or class of
wastes that are distinguishable from any other Waste Type, as identified by the CITY'S Source
Reduction and Recycling Element.
(53) 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 pruning.
(54) 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 means of composting, mulching and/or transforming and/or dispose
of said Solid Waste in compliance with the terns of this Agreement. CITY hereby appoints
CONTRACTOR as its Authorized Recycling Agent as that term is defined in Public Resources
Code Section 40105.
(b) All Solid Waste collected by CONTRACTOR within the CITY shall not be
commingled in equipment and/or vehicles used by CONTRACTOR with Solid Waste from any
other jurisdiction or person from outside the CITY limits; however, in the event of an emergency
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.
25R-16
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 tenninate by 9:00 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 13
hereto shall be collected pursuant to the provisions contained therein.
6. HOLIDAYS:
Where, on a given route, the day of collection would be a legal holiday, CONTRACTOR
shall collect along said route on the work day next following said legal holiday and collection on
each day during said holiday week shall be similarly delayed one day. Legal holidays for the
purpose of this Agreement shall be New Year's 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
Services or Roll -Off Services supplied by CONTRACTOR if requested by a Customer or if
required by the CITY. Contractor shall provide additional collection services as set forth in
Sections 14 (e) and (f),
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 and at 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 roll -off containers or in bins.
25F-17
(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 who own the premises upon which Solid Waste has generated or accumulated, from: (1)
selling their Recyclable Solid Wastes, or, (2) donating their Recyclable Solid 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 or any other third party 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, processing, or 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 34 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 pen -nit 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 28(c) are
applicable.
10. SOLID WASTE FRANCHISE FEE & OTHER FEES:
(a) CONTRACTOR shall pay to the CITY, as a franchise fee, twenty-six and fifteen -
hundredths percent (26.15%) of the Gross Receipts from all customers subject to this Agreement
25P-18
for each applicable period, provided that the actual amount payable to the CITY under this
Agreement remains unchanged from the Fourth Amended Agreement. The parties agree that this
franchise fee is intended to compensate the CITY in the same amount and in the same manner as
in the Fourth Amended Agreement between the parties. This amount may be increased or
decreased by resolution of the City Council and, whenever said franchise fee is increased or
decreased by resolution of the City Council, CONTRACTOR shall be required to pass through to
all Customers one hundred (100%) percent of the amount of such increase or decrease, and CITY
shall pass through one hundred (100%) percent of the amount of such increase or decrease to its
Residential Curbside Service Units. Payments to the CITY of said franchise fee 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. Gross Receipts derived from charges
for residential extra cart service shall be exempt from franchise fee.
(b) 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.
(c) The parties agree that because of the unpredictability of costs required to develop
and implement an organic materials recycling program that meets the requirement of State law
under AB 1826, the City will institute an AB 1826 surcharge to create a fund from which to
compensate the CONTRACTOR for the actual services provided toward AB 1826 compliance.
This surcharge will be applied to gross receipts derived from all billed services, inclusive of
franchise fee, to commercial and roll -off customers, excluding recycling services. Beginning in
July 1, 2018, the AB 1826 surcharge will be 1.12%. The percentage amount will be adjusted to
2.64% effective July 1, 2019. After July 1, 2019, the organic material recycling program will be
evaluated to determine the most effective and efficient method to continue to fund and meet this
State mandate. CONTRACTOR agrees to collect and pay the City all revenues collected under
this provision on a monthly basis and shall be due and payable together with the franchise fee as
required under section 10(a).
11. AUTOMATED SYSTEM:
(a) -(f) Intentionally Omitted
(g) REPLACEMENT OF RESIDENTIAL AND COMMERCIAL COLLECTION
VEHICLES: When any collection vehicles used by CONTRACTOR to provide services
under this Agreement, have reached the end of their useful lives, the CONTRACTOR
will provide at its expense, new low -emission collection vehicle replacements which
meet or exceed the emission requirements of all Federal, State or Local air quality laws or
regulations. All residential collection vehicles will display the City's recycling logo. The
CONTRACTOR will also replace the Solid Waste collection and Recycling plastic carts
as described in Exhibit A with new carts as needed. All replacement vehicles and carts
provided shall be owned and operated by the CONTRACTOR.
25FL19
12. 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 Solid Waste collection and Recycling
plastic carts provided to the Curbside Service Unit by CONTRACTOR and is 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 the Solid Waste collection and
Recycling plastic carts provided by CONTRACTOR to each Curbside Service Unit pursuant to
the following:
(a) Non -Recyclable Solid Waste shall be placed in burgundy plastic
carts provided by CONTRACTOR;
(b) Recyclable Solid Waste shall be placed in grey plastic carts
provided by CONTRACTOR; and,
(c) Yard Waste shall be placed in green plastic carts provided by
CONTRACTOR.
(2) All non -Recyclable Solid Waste, Recyclable Solid Waste and Yard Waste
shall be placed in the appropriate Solid Waste collection and Recycling plastic carts adequate to
eliminate overflow or contamination of surrounding areas. Any non -Recyclable Solid Waste,
Recyclable Solid Waste and/or Yard Waste which is not placed in a Solid Waste plastic cart
which has been provided to the Curbside Service Unit will not be picked up; and,
(3) Large, heavy items, 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 21.
(b) The aforementioned requirements to place non -Recyclable Solid Waste,
Recyclable Solid Waste and Yard Waste in appropriate Solid Waste collection and Recycling
plastic carts shall not apply to Christmas trees properly placed for collection.
(c) Whenever any Solid Waste that 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 email or
telephone facsimile, to the CITY upon request by the Executive Director and, if the reason for
noncollection is not corrected within seven (7) days, CONTRACTOR shall notify the CITY as to
this continued noncollection.
25P-20
(d) The Contractor is responsible for visually inspecting recyclable solid waste
containers and organic materials containers as necessary to determine whether the content is
contaminated with non -recyclable solid waste. The recyclable solid waste container shall be
considered contaminated if it contains more than 10% non -recyclable solid waste or 10% yard
waste, individually or combined, in the recyclable solid waste container, or more than 10% non-
organic materials in the organic material container.
The CONTRACTOR shall follow the procedures listed below for addressing
excessively contaminated recyclable solid waste containers or organic material containers as well
as providing written documentation prior to assessing any fees to Customers.
(1) Residential Customers
I" and 2nd instance: The CONTRACTOR shall take photograph(s) of cart content,
collect the material from the cart, leave a courtesy notice approved by the City that explains why
the material collected was non -conforming, and notify the City. The written notice shall also
explain the policy for non -conforming materials, recommend corrective action, and explain the
consequences for repeated instances.
3'd instance and subsequent instances: The CONTRACTOR shall have the option
of charging a Contamination fee not exceeding the Maximum Service Rate for such service set
forth in Exhibit C, or follow the non -collection procedure in Section 13 (c).
(2) Commercial Customers
lei instance: The CONTRACTOR shall take photograph(s) of container content,
collect the material from the container, provide a courtesy notice that explains why the material
collected was non -conforming, and notify the City. The written notice shall also explain the
policy for non -conforming materials, recommend corrective action, and explain the
consequences for repeated instances.
2,d instance and subsequent instances: The CONTRACTOR shall have the option
of charging a Contamination fee not exceeding the Maximum Service Rate for such service set
forth in Exhibit C, or follow the non -collection procedure in Section 13 (c).
(3) Each written notification and photograph(s) shall be transmitted to the
City. The second or third instances, shall be counted as such if they occur within twelve (12)
calendar months of the initial instance of each Non -Conforming type. If twelve (12) calendar
months have elapsed since any Cart was tagged for the same reason, the next instance shall be
deemed the initial instance. If the CUSTOMER has changed; and the account is new, with
different occupants, the written notification shall be considered the initial instance.
25Fz-21
13. SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY
OPERATIONS:
(a) CITY GOVERNMENT OPERATIONS: CONTRACTOR shall collect all Solid
Waste and Construction and Demolition 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.
(1) Separation of Construction and Demolition Solid Waste: In an effort to
reduce the cost of providing service at City facilities and increase the diversion of materials from
landfill, the City will implement procedures to separate wood, greenwaste, metals, and inert
materials from mixed waste. The separation procedures will be applied to inbound loads that
readily lend themselves to manual separation. The implementation of the procedures may, from
time -to -time, be hampered by City Yard logistics or by personnel availability. The separation
procedures will be incorporated by the City as a standard operating procedure and will be
reasonably and practicably applied.
(b) 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.
(c) . NEIGHBORHOOD CLEANUPS: The Contractor shall supply rolloff containers
for CITY sponsored neighborhood cleanups at no cost to the CITY. The number of roll off
containers shall not exceed a maximum total number of three hundred (300) containers annually.
Notwithstanding the above, at any time that the CITY determines that the number
of collections and/or the number of roll -off containers provided for in section (c) is 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 and/or roll -off containers.
(d) The CONTRACTOR shall coordinate with the Executive Director to provide
household hazardous waste collection events allowing residents to deliver their waste to a
collection site for proper disposal by CONTRACTOR.
(e) The CONTRACTOR shall administer a Residential Mail -Back Service, providing
containers approved for safe disposal of used medical sharps by residents. When the container
is full, the resident will mail it for incineration at an authorized facility. This program will be
offered to residential customers who, for medical reasons, require the use of medical sharps.
25P-22
14. COLLECTION, RECYCLING, YARD WASTE DIVERSION AND DISPOSAL,
(a) RESIDENTIAL CURBSIDE SERVICE: CONTRACTOR shall provide each
Curbside Service Unit within the CITY with a minimum of three (3) Solid Waste collection and
Recycling plastic carts. Any provision of less than three (3) such plastic carts to any Curbside
Service Unit shall be approved by the Executive Director. Each Solid Waste plastic cart shall be
a different color as described in Section 12 above. CONTRACTOR shall be required to collect
contents of each Solid Waste plastic cart once per week and CONTRACTOR shall be required to
process the contents of said plastic carts as follows:
(1) Non -Recyclable Solid Waste Collection and Recycling Plastic Carts:
Contents of plastic carts containing Solid Waste shall be hauled directly to a legally authorized
Disposal Site pursuant to subsection (e) herein.
(2) Recyclable Solid Waste Collection and Recycling Plastic Carts: The
contents of containers containing Recyclable Solid Waste shall be hauled to a Material Recovery
Facility ("MRF"), which MRF shall be acceptable to the CITY, for Processing and diversion.
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 Source Reduction and Recycling Element ("SRRE"). In the event that the MRF
approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR will be
responsible to subcontract for the use of such a facility so as to ensure the CITY'S compliance
with CIWMA.
(3) Yard Waste Collection and Recycling Plastic Carts: The contents of the
plastic carts containing Yard Waste will be transported to a Composting Facility which meets all
state, federal and local laws for Yard Waste Diversion and which is acceptable to the CITY.
CONTRACTOR shall be responsible to ensure that the Yard Waste collected by
CONTRACTOR is diverted in compliance with CIWMA and the CITY'S SRRE.
(4) CONTRACTOR shall provide walls -out service to disabled individuals
consisting of removing Solid Waste collection, and Recycling plastic carts from Customer's
storage area, placing them out for collection, and returning carts to Customer's storage area after
Collection, ensuring that all doors or gates are closed securely, at no additional charge To be
eligible for this service the person at the Curbside Service Unit shall have a DMV issued
disabled person placard/license plates, and provide a letter to CONTRACTOR from a physician
confirming the he or she is unable to move his/her Carts to the curb, and that to the best of the
physician's knowledge there is no other capable persons living in the Curbside Service Unit to
provide this service. CONTRACTOR may require each eligible person at the Curbside Service
Unit to provide a new letter from a physician on an annual basis in order to maintain eligibility
for walk -out service.
(5) CONTRACTOR shall provide walk -out service to other than disabled
individuals at the request of the Customer, for a monthly fee not to exceed the rates in Exhibit
"C,>
25P-23
(6) CONTRACTOR may require as a condition of walk -out service that a
Customer sign a standardized agreement, the terms of which shall be subject to City's approval,
which authorizes entry onto the Curbside Service Unit serviced under Customer's account and
holds CONTRACTOR harmless from liability (including specifically liability related to pets
escaping) associated with CONTRACTOR providing such service.
(b) ORGANIC MATERIALS SERVICES (AB 1826 COMPLIANCE):
CONTRACTOR shall provide all the necessary services to maintain compliance with the
requirements of AB 1826, including but not limited to, identification of businesses that are
subject to the requirements of the law according to the applicable thresholds; an outreach
campaign to inform businesses concerning the requirements of the law; fielding calls from
customers who are inquiring about organic materials recycling regulations and how it might
apply to them; source -separated organic materials collection service; and, monitoring and
reporting on organic materials recycling activities to identify businesses not recycling and to
inform them of the law and how to recycle organics.
(1) CONTRACTOR shall offer to collect organic materials on a subscription
basis at a rate not exceeding the Maximum Service Rate for such service set forth in Exhibit C.
CONTRACTOR shall, subject to the limitations set forth in Article 9, provide this service to all
commercial establishments requesting such service.
(2) CONTRACTOR shall provide wheeled carts and bins for collection of
Organic Material. Customers will have the opportunity to subscribe to the appropriate service
level. 64 -gallon carts and 2 cubic yard bins will be made available. Collection frequency will be
at least once (1) per week and up to seven (7) times per week. Customers and Contractor will
determine a mutually acceptable collection location.
(3) CONTRACTOR shall deliver all collected organic material to a fully
permitted organic material processing facility or a fully permitted organic material transfer
station. CONTRACTOR shall ensure that all organic material collected pursuant to this
Agreement is diverted from the landfill in accordance with the Act and any subsequent or other
applicable legislation and regulations. CONTRACTOR shall ensure that the organic material
collected pursuant to this Agreement is not disposed of in a landfill, except as a Residue resulting
from processing. CONTRACTOR must provide end uses for organic material that maximizes
diversion credits for CITY according to regulations established by CalRecycle.
(c) BIN SERVICE: CONTRACTOR shall operate a Recycling program as described
herein for Bin Service. Such Recycling program shall require that CONTRACTOR take the
Solid Waste in bins which have clean "dry" loads to a MRF which is acceptable to the CITY for
Processing and diversion. CONTRACTOR shall guarantee that, at a minimum, fifty (50%)
percent of the tonnage of Solid Waste which is contained in bins and which is determined to
have a high recyclable content will be transported to a MRF. All Solid Waste which is
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
25P-24
the event that the MRF approved by the CITY is not operated by the CONTRACTOR,
CONTRACTOR will be responsible to subcontract for the use of such a facility so as to ensure
the CITY'S compliance with CIWMA. CONTRACTOR shall be permitted to transport directly
to a legally authorized Disposal Site those bins which are determined to have limited Recycling
potential due to food or other types of contamination. Any modifications to the above -
referenced percentage shall be approved by the Executive Director and shall be based on the
diversion realized.
(d) CONTRACTOR shall provide all the necessary services to maintain compliance
with the requirements of AB 341, including but not limited to, identification of businesses that
are subject to the requirements of the law; an outreach campaign to inform businesses concerning
the requirements of the law; fielding calls from customers who are inquiring about commercial
recycling regulations and how it might apply to them; commingled recyclable material collection
service; and, monitoring and reporting on recycling activities to identify businesses not recycling
and to inform them of the law and how to recycle.
(1) CONTRACTOR shall provide City with an annual report surnmarizing the
status of commercial recycling activities in the within the City.
(2) Subject to the limitations set forth in Article 9, CONTRACTOR shall offer
collection of Recyclable Materials to all Commercial and Multi -Family Customers on a
subscription basis at a rate not exceeding the Maximum Service Rate for such service set forth in
Exhibit C.
(3) Contractor will provide wheeled carts and bins for collection of recyclable
material. Customers will have the opportunity to subscribe to the appropriate service level.
Three and four cubic yard bins will be made available. Collection frequency will be at least once
(1) per week and up to six (6) times per week. Customers and Contractor will determine a
mutually acceptable collection location.
(4) CONTRACTOR shall deliver all Collected Recyclable Material to a fully
permitted Recyclable Material Processing Facility or a fully permitted Transfer Station. All
expenses related to Recyclable Material Processing and marketing will be the sole responsibility
of CONTRACTOR. CONTRACTOR shall ensure that all Recyclable Material collected
pursuant to this Agreement is diverted from the landfill in accordance with the Act and any
subsequent or other applicable legislation and regulations. CONTRACTOR shall ensure that the
Recyclable Material collected pursuant to this Agreement is not disposed of in a landfill, except
as a Residue resulting from Processing.
(5) The Approved Recyclable Material 'Processing Facility(ies) utilized by the
CONTRACTOR shall be designed and constructed in accordance with Applicable Laws. Any
such Recyclable Material Processing Facility(ies) shall have been issued all permits from federal,
State, regional, county and city agencies necessary for it to accept the CITY'S Recyclable
Materials, and be in full regulatory compliance with all such permits.
25P=25
(e) (e) ROLL -OFF SERVICE: CONTRACTOR shall process all Solid Waste
collected from its Roll -Off Service in compliance with the CITY'S SRRE and CIWMA.
CONTRACTOR shall transport all Solid Waste collected by the CONTRACTOR from roll -off
service within the CITY boundaries to a state permitted 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 will be
responsible to subcontract for the use of such a facility so as to ensure the CITY'S compliance
with CIWMA.
(fl TEMPORARY BIN SERVICE: CONTRACTOR shall process all Solid
Waste collected from temporary bins, not including Construction and Demolition Solid
Waste, in compliance with the CITY'S SRRE and CIWMA. CONTRACTOR shall
transport all Solid Waste collected by the CONTRACTOR from temporary bins within
the CITY boundaries to a state permitted 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 will be responsible to subcontract for the use of such a facility so as to
ensure the CITY'S compliance with CIWMA.
(g) PARKWAY CLEAN-UP FOLLOWING GARAGE SALES: CONTRACTOR
shall provide 2 employees in a "front -loader" vehicle that will devote 60 hours each six working
days following the quarterly garage sales to canvass the City neighborhoods in order to remove
debris left in the parkways after garage sales. CONTRACTOR shall transport all Solid Waste
collected by the CONTRACTOR from Parkway Cleanups within the CITY boundaries to a state
permitted MRF, as provided in, and in compliance with, CIWMA, which MRF shall be
acceptable to the CITY.
(h) ALLEY CLEAN-UP FOLLOWING THE IST OF EACH MONTH:
CONTRACTOR shall provide 2 employees in a "front -loader" vehicle that will devote 60 hours
each six working days following the first day of each month and six working days during the
third week of the month to canvass the City neighborhoods in order to remove debris left in
alleyways following relocations. CONTRACTOR shall transport all Solid Waste collected by
the CONTRACTOR from Alley Cleanups within the CITY boundaries to a state permitted MRF,
as provided in, and in compliance with, CALRECYCLE, which MRF shall be acceptable to the
CITY.
(i) DISPOSAL: CONTRACTOR shall be required to dispose of any and all Solid
Waste which 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 Sites, both parties agree to meet and confer regarding any
potential rate adjustments which may be necessitated thereby. Should Disposal Sites become
unavailable in Orange County at any time during the term of this Agreement, CONTRACTOR
25F-26
hereby guarantees disposal at another Disposal Site owned and operated by CONTRACTOR or
an affiliate, and both parties agree to meet and confer regarding any potential rate adjustments
which may be necessitated thereby. 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.
(j) 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.
(k) 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, processed or disposed of, 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.
15. [RESERVED]
16. 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 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.
17. 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
25P-27
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.
18. PUBLIC EDUCATION SERVICES:
The CONTRACTOR shall be responsible for the provision of public education services
as provided in the CITY'S SRRE. City shall approve in advance any contractors or
subcontractors used by CONTRACTOR for the provision of such services. 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
starts at 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;
(f) cooperation in the production of an integrated waste management video for use by
the CITY; and,
(g) development and management of grants pursuant to the regulations contained in
the CIWMA and/or adopted by the California Integrated Waste Management Board including the
Department of Conservation and other governmental agencies that offer grants related to
collection and recycling services provided under the Agreement. Contractor shall be
compensated $75.00 per hour for grant administrator's time to development and administer the
grant programs.
Annually, on July 1, or as soon thereafter as the CIWMB determines the level of
funding to be provided to City, the City and CONTRACTOR will set the compensation and level
of service for collection of used off containers and filters.
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This Section may be reasonably modified from time to time as deemed necessary
and appropriate by the Executive Director, including increased grant compensation paid to
Contractor upon a writing executed 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 dictates. Any services
required hereunder shall require the Executor Director's approval prior to the execution thereof.
19. STANDARDS FOR COLLECTION, EQUIPMENT AND NOISE:
(a) Equipment and vehicles used by CONTRACTOR, whether owned by or licensed
to 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. 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
manrier as to prevent Solid Waste from escaping the vehicle. Any spillage of materials which
occurs during the collection process shall be immediately cleaned up by the CONTRACTOR at
its expense. Further, all vehicles used by the CONTRACTOR pursuant to this Agreement which
are not owned by the CITY shall be registered by CONTRACTOR 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) 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.
(c) 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 disciplined pursuant to CONTRACTOR'S
performance standards.
(d) CONTRACTOR shall equip all Solid Waste collection and Recycling 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 operating
for the CITY. The CITY may, at its option, have the messages to be displayed changed once per
Year.
20. 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
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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 its agreements with its 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 thirty-two dollars and thirty-three cents ($32.33).
(b) Curbside Service Units shall be responsible for the cleanliness and sanitation of
the Solid Waste collection and Recycling plastic carts provided to such units: provided, however,
CONTRACTOR shall provide its Customers a cart cleaning service as needed, at the request of
the Customer or at the request of the CITY, for a fee of twenty-five ($25.00) dollars per
occurrence.
(c) 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 thirty-three dollars
and thirty-one cents. ($33.31) dollars per incident.
(d) The Solid Waste collection and Recycling plastic carts receiving curbside service
shall be replaced where found by CONTRACTOR. The CITY reserves the right, upon
submission of proof by the Curbside Service Unit, to withhold sufficient compensation under this
Agreement to adjust and pay any claim for Solid Waste collection and Recycling plastic carts
damaged by the willful or careless acts of the employees of the CONTRACTOR. Repairs and
replacement costs for said plastic carts shall be borne by CONTRACTOR; provided, however,
that such repairs and/or replacements costs shall not be home by CONTRACTOR when caused
by the wanton or intentional destruction thereof by the Curbside Service Unit. Curbside Service
Units shall be billed by CONTRACTOR for replacements caused by intentional or wanton
destruction.
21. 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 curbside collection 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 12 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 four (4) bulky
items (or twenty (20) bags of yard waste) 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
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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 forty-four dollars and fifty-five cents ($44.55) 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.
(c) CONTRACTOR shall provide for the collection and recycling of televisions,
computer monitors and computer laptops as part of the Bulky Item collection program.
(d) CONTRACTOR shall provide on -request bulky item collection for commercial
and residential bin service customers, as set forth in subsection 21. (a), above. Each such request
for Residential/Commercial bulky item pick up shall cost forty-four dollars and five cents
($44.05) per collection and shall be billed to the residential/commercial bin service customer
requesting the additional collection by CONTRACTOR.
22. CURBSIDE SERVICE PAYMENTS:
(a) The CONTRACTOR shall establish rates for its provision of curbside services
pursuant to this Agreement. Such rates shall in no case exceed those set forth on Exhibit "C"
attached hereto and incorporated herein by this reference. The City shall collect on behalf of the
CONTRACTOR the rates established by the CONTRACTOR for said services. Rates collected
and paid to the CONTRACTOR shall be based on the total number of Curbside Service Units
billed by the CITY for curbside service during that month. CITY shall make billing records
available to CONTRACTOR upon reasonable notice for the purpose of auditing such records,
(b) Remittance to the CONTRACTOR of payments collected by the CITY for
curbside service shall be on a monthly basis.
23. 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 made available to 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 established by the
CONTRACTOR and shall not exceed those set forth on Exhibit "C" attached hereto and
incorporated herein by reference. CONTRACTOR shall make records containing Residential
Bin Service available to the Executive Director at any reasonable time.
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24. COMMERCIAL/INDUSTRIAL CART AND BIN SERVICE RATES:
(a) The CONTRACTOR shall receive compensation for supplying Cart and Bin
Service to commercial/industrial cart and bin users by direct billing of the Customers receiving
such service by means of separate agreements entered into between the CONTRACTOR and
each such Cart and Bin Service Customer. A copy of every such agreement shall be made
available to the Executive Director by CONTRACTOR.
(b) Rates for Commercial/Industrial Cart and Bin Service, including Gate Fees,
Hauling Charges, Processing Charges and any Recycling and Yard Waste Diversion, shall be
established by the CONTRACTOR and shall not exceed those set forth on Exhibit "C" attached
hereto. CONTRACTOR shall make records containing Commercial/Industrial Bin Service
available to the Executive Director at any reasonable time.
25. COMMERCIAL ORGANICS SERVICE RATES:
(a) CONTRACTOR shall offer to collect organic materials on a subscription basis at
a rate not exceeding the Maximum Service Rate for such service set forth in Exhibit C.
CONTRACTOR shall, subject to the limitations set forth in Article 9, provide this service to all
commercial establishments requesting such service
(b) In addition to any revenue derived from customers who subscribe to organic
waste collection services as provided in this section, City shall compensate CONTRACTOR at a
rate of $256 per ton of organic materials collected. CONTRACTOR shall submit a monthly
invoice with a report listing customers subscribing to organics materials collection services, the
level of service provided, the charges for such services, and the total tons of organic material
collected and processed.
26. COMMERCIAL RECYCLING SERVICE RATES
(a) CONTRACTOR shall offer to collect commercial commingled recycling
materials on a subscription basis at a rate not exceeding the Maximum Service Rate for such
service set forth in Exhibit C. CONTRACTOR shall, subject to the limitations set forth in Article
9, provide this service to all commercial residential bin service establishments requesting such
service.
27. 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 copy of every such
agreement shall be made available to the Executive Director by CONTRACTOR. Roll -off
Service shall be provided at a minimum of three (3) dumps per month per Customer.
(b) Rates for Roll -Off Services, including container delivery, collection, hauling and
transportation, shall be established by the CONTRACTOR and shall not exceed those set forth
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on Exhibit "C" attached hereto. CONTRACTOR shall make records containing Roll -Off
Service available to the Executive Director at any reasonable time.
28. COMPENSATION FOR GRANTS:
CONTRACTOR shall be permitted to obtain compensation in an amount approved by the
Executive Director for the management of grants pursuant to Section 18(g) herein.
29. ADJUSTMENTS TO CHARGES:
(a) HAULING AND PROCESSING CHARGES:
(1) PRICE INDEX: From July 1, 2018 until the tennination of this
Agreement, the index which will be used for determining adjustments to Hauling and Processing
Charges shall be the December Consumer Price Index ("CPP') 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. The CPI shall be weighted at one
hundred (100%) percent.
(2) RESIDENTIAL CURBSIDE SERVICE: From July 1, 2018 until the
termination of this Agreement, the Hauling Charges and Processing Charges for residential
curbside service shall be adjusted annually, using the CPI adjustment formula set forth in
subsection (a)(1) above without limitation; and shall be calculated at one hundred (100%)
percent of the CPI with a five (5%) percent maximum adjustment and a zero (0%) percent
minimum adjustment per year.
(3) COMMERCIAL CART, BIN AND ROLL -OFF SERVICE: From July 1,
2018 until the termination of this Agreement, the Hauling and Processing Charges for
Commercial Cart, Bin, and Roll -Off Service shall be adjusted in accordance with the CPI
adjustment formula set forth in subsection (a)(1) above. Adjustments to the Hauling and
Processing Charges for Cart, Bin and Roll -Off Service shall be calculated at one -hundred (100%)
percent of the CPI with a five (5%) percent maximum adjustment and a zero 0% percent
minimum adjustment per year.
(b) GATE FEES: Should any increase or decrease in the Gate Fees charged by a
Disposal Site occur during the term of this Agreement, CONTRACTOR shall be permitted to
pass through to its Commercial Cart, Bin, and Roll -Off Service Customers and CITY shall pass
through to its Residential Curbside Service Units one hundred (100%) percent of such increase
or decrease in the Gate Fees for that portion of the Solid Waste which is taken to the Disposal
Site. CITY shall pass through to CONTRACTOR such increase or decrease in its residential
curbside service payments to CONTRACTOR. Should a change in Gate Fees become effective
on July 1st of any year, the parties agree to utilize the tonnages from the previous calendar year
to determine the percentage of Solid Waste that is taken to the Disposal Site.
(c) SOLID WASTE FRANCHISE FEE: Should any increase or decrease in the
Hauling and Processing Charge or the Gate Fees occur during the term of this Agreement,
CONTRACTOR shall be permitted to pass through to Commercial Cart, Bin, and Roll -Off
Service Customers, and CITY shall pass through to its Residential Curbside Service Units, the
25F-33
corresponding increase or decrease incurred by CONTRACTOR for the Solid Waste franchise
fee which CONTRACTOR is required to pay to the CITY pursuant to Section 10 herein.
(d) SMART FEES: Notwithstanding any provision of this Section 27 to the
contrary, the SMaRT Fees (as defined in Section 7 of Exhibit "C" herein), shall not be subject to
adjustment by CPI or any other index. Rather, the SMaRT Fees may be adjusted annually, in
accordance with the SMaRT Program, not to exceed a maximum amount of five (5%) percent
per annum.
(e) AB 1826 SURCHARGE: Adjustments to the AB 1826 surcharge are defined in
Section 10 c.
30. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REQUIREMENTS:
(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 special fees which CONTRACTOR may charge Bin
Service Customers are set forth on attached Exhibit "C."
(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 on attached Exhibit "C".
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 the above or on attached
Exhibit "C" 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 after 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.
31. 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
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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 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.
32. MINIMUM SERVICE LEVELS - COMMERCIAL/INDUSTRIAL BIN SERVICE
AND ROLL -OFF SERVICES
City shall require that all commercial and/or industrial units and/or buildings be served
by Bin Service or Roll -Off Service; provided, however, that this requirement may be waived by
the Executive Director. 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.
33. 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. Monday through Friday and from 8:00 am. to noon on Saturdays. CONTRACTOR's offices
shall be closed on 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
25P-35
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.
UP
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 adroit him to make such inspections at any
reasonable time and place.
35. 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 there
from provided, however, that CONTRACTOR first complies with this Agreement, the CITY'S
SRRE and CIWMA.
36. FAILURE TO COLLECT:
(a) Should the CONTRACTOR materially and substantially 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
25F--36
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, CITY shall be permitted to use, without charge,
any of CONTRACTOR's collection vehicles, containers, and other equipment not then in actual
use by CONTRACTOR which CITY shall deem necessary to provide collection, Recycling,
Yard Waste 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 35 herein shall be seven (7) days.
37. 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 correction of 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 or remedy 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.
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(e) Based on the evidence presented at the public hearing, the City Council shall
determine by Resolution whether this Agreement should be tenninated. 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 36 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 full force 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 terns, 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 terns 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.
(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
25P-38
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 detennines the rightful disposition of the said
atmormt 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.
38. LIQUIDATED 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 individual members 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 of future 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 35, 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 computed at one hundred (100%) percent of the 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.
(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 35 of this Agreement. The
CONTRACTOR shall pay any liquidated damages assessed by the CITY within ten (10)
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.
39. 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
25P-39
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.
40. 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 email or 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 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.
41. 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:
25P-40
(1) The expenses incurred by the CITY in providing collection, Recycling,
Yard Waste Diversion and/or disposal services pursuant to Section 34; 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 failure to 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. 1 i
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) Refimds 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 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..
42. 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 28 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
25F-41
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.
43. 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.
(d) Workers' Compensation Polices 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. Waivers
of Subrogation shall be in effect for any claims asserted against the CITY which arise out of
CONTRACTOR's operations and CONTRACTOR shall have this clause endorsed on their
Workers' Compensation policies.
(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 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: One Hundred Million
Dollars ($100,000,000.00) combined single limit and, in addition, Ten Million Dollars
25N-42
($10,000,000.00) of Enviromnental Impairment Liability coverage for bodily injury, property
damage and cleanup costs as it relates to the transportation of Solid Waste. 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 dainage 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. Such policy or
policies shall contain severability of interests clauses so that the rights and duties of the CITY are
clearly separate from CONTRACTOR's interests. Said policy or policies 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) Insurance Responsibility for CITY Owned Solid Waste Collection and Rec} cling
Vehicles: This Agreement expressly and absolutely transfers the entire responsibility for any and
all damage to the CITY owned Solid Waste collection and Recycling vehicles, and any and all
liability arising out of the use of such vehicles, directly and completely to CONTRACTOR. This
same transfer includes the requirement that CONTRACTOR has expressly agreed to be
contractually, fully and completely responsible for complying with all of the State of California's
Motor Vehicle Insurance laws, rules and regulations. To be more specific, this includes having
CONTRACTOR insure each and every CITY Solid Waste collection and Recycling vehicle for
auto liability and physical damage, including both collision and comprehensive insurance. The
amount of auto liability insurance shall be not less than One Hundred Million Dollars
($100,000,000.00) combined single limit, covering auto bodily injury and property damage for
owned, non -owned and hired vehicles. Collision and Comprehensive coverage shall be insured
on an actual cash value basis. If the physical damage insurance is insured on a loss -limit basis,
the loss limit shall be equal to or exceed the actual cash value of all of the CITY Solid Waste
collection and Recycling vehicles. Insurers shall be currently rated by A.M. Best Company with
a minimum rating at A VII. The policy or policies shall contain severability of interest clauses so
that the right and duties of the CITY are clearly separate from CONTRACTOR's interests. The
CITY, its officers, agents and employees shall be additional insureds. CONTRACTOR will
verify to CITY that adequate funds are available to pay any liability Self -Insured Retention,
collision and comprehensive deductibles, or other self-insurance plans approved by the CITY.
Ninety (90) days or more of prior notice for material change in coverage, exclusions and
conditions or cancellation will be endorsed onto CONTRACTOR's policies in favor of the
CITY. Loss Payee endorsements or similar clauses will be endorsed onto CONTRACTOR's
property insurance policies protecting the CITY'S Solid Waste collection and Recycling
vehicles. Endorsements to all policies with policy declaration pages will be required. Certificates
of Insurance shall be provided prior to receiving insurer policy endorsements.
(g) 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 anv
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
25P-43
or any negligent or willful act or omission of CONTRACTOR or any negligent or willful act or
omission of the CONTRACTOR its employees or 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.
(h) 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.
(i) 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 performance required thereunder, or
any remedy, damage or other liability arising out of such refusal, neglect or inability to perform
at any time.
44. 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 35 or in the event of a
breach of the covenants in subsections (a) and (b) hereinabove.
45. 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 16 hereof, the information
reported pursuant to Sections 22 through 25 including, but not limited to, the tonnages reported
therein, and the Gross Receipts reported pursuant to Section 10 hereof.
(c) CITY shall make its billing records available to CONTRACTOR upon reasonable
notice for the purpose of auditing such records.
25F-44
46. 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.
47. MEDIA RELATIONS:
The CONTRACTOR shall notify the CITY by email or 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.
48. 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
20 Civic Center Plaza M-21
Santa Ana, California 92701
If served by CITY upon CONTRACTOR:
Public Sector Manager
Waste Management
1800 South Grand
Santa Ana, California 92705
With a courtesy copy to:
Waste Management — Southern California Market Area
Attn: Legal Counsel
9081 Tujunga Avenue
Sun Valley, CA 91352
25P-45
49. GENDER AND NUMBER:
As used herein, the masculine gender shall include the feminine and neuter, and the
singular shall include the plural.
50. 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.
51. ASSIGNABILITY:
CONTRACTOR may not assign or transfer any rights, interests or duties or obligations
of perfonnance 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.
52. 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.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
CITY OF SANTA ANA
25K-46
APPROVED AS TO FORM:
SONIA R. CARVALHO, CITY ATTORNEY
17
f�
J N M. FUNK
A sistant City Attorney
RECOMMENDED FOR APPROVAL
FRED MOUSAVIPOUR
Executive Director, Public Works Agency
WASTE MANAGEMENT COLLECTION
AND RECYCLING, INC.
LE
Title:
25F-47
WASTE MANAGEMENT, INC. (WASTE MANAGEMENT) GUARANTEE
Name of Underlying Contract: Fifth Amended and Restated Agreement for Collection and
Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana
Date of Underlying Contract: June 19, 1997
Beneficiary: CITY OF SANTA ANA, a municipal corporation of the State of California
Address: 20 Civic Center Plaza, Santa Ana, CA 92701
WASTE MANAGEMENT Contracting Company: Waste Management Collection and
Recycling, Inc., a California corporation
TO THE BENEFICIARY IDENTIFIED ABOVE:
With respect to that certain underlying contract identified above (hereinafter the
"Agreement") dated as of the above specified date by and between the WASTE
MANAGEMENT Contracting Company identified above (the "Contractor") and the beneficiary
identified above (the "Beneficiary"), and subject to the terms of this letter agreement (the
"Guarantee"), Waste Management Inc., a Delaware corporation (hereinafter "WASTE
MANAGEMENT"), hereby irrevocably and unconditionally guarantees to the Beneficiary the
performance of all obligations and the due and punctual payment of all amounts payable by the
Contractor to the Beneficiary under the Agreement when the same shall become due and payable
in accordance with the terms of the Agreement. Upon failure of the Contractor punctually to
perform or pay any such amounts, and upon written demand by the Beneficiary to WASTE
MANAGEMENT at its address set forth below (or to such other address or person as WASTE
MANAGEMENT may specify in writing), WASTE MANAGEMENT agrees to perform or
cause to be performed and to pay or cause to be paid such amounts.
Notwithstanding the foregoing, WASTE MANAGEMENT's obligations hereunder as to
any claim, suit, proceeding, event or other matter in respect of which the Beneficiary at any time
shall be seeking payment hereunder (referred to herein as "Guarantee Events") shall be subject to
the preconditions that (i) the Beneficiary shall have given written notice of such Guarantee Event
to the Contractor promptly after learning thereof, (ii) in the case of any failure by the Contractor
to perform any obligation under the Agreement, shall have afforded WASTE MANAGEMENT a
reasonable opportunity to cure such failure, and (iii) there shall not have occurred and be
continuing any material breach by the Beneficiary of its obligations tinder the Agreement.
WASTE MANAGEMENT hereby agrees that, except as expressly provided herein, its
obligations hereunder will be unconditional and will not be discharged except by complete
payment or other lawful discharge (other than by operation of Bankruptcy law) of the amounts
due under the Agreement, irrespective of any claim as to the lack of authority of the Contractor
to execute or deliver the Agreement, the absence of any action to enforce the Agreement, the
failure to obtain any judgment against the Contractor, the failure to commence any action to
enforce a judgment against the Contractor under the Agreement or any similar circumstance
which might otherwise constitute a legal or equitable discharge or defense of a guarantor
generally.
F M-6
Except as set forth above, WASTE MANAGEMENT hereby waives diligence,
presentment, demand on the Contractor for payment, filing of claims, requirement of a prior
proceeding against the Contractor and protest or notice, except as provided for in the Agreement
with respect to amounts payable by the Contractor. If at any time payment under the Agreement
is rescinded or must be otherwise restored or returned by the Beneficiary upon the insolvency,
bankruptcy, or reorganization of the Contractor or WASTE MANAGEMENT or otherwise,
WASTE MANAGEMENT's obligations hereunder with respect to such payment shall be
reinstated upon such restoration or return being made by the Beneficiary.
WASTE MANAGEMENT represents the Beneficiary as of the date hereof that:
(1) it is duly organized and validly existing under the laws of the jurisdiction
of its incorporation and has full corporate power and legal right to execute and deliver this
Guarantee and to perform the provisions of this Guarantee on its part to be performed;
(2) its execution, delivery, and performance of this Guarantee have been and
remain duly authorized by all necessary corporate action and do not contravene any provision of
its certificate of incorporation or by-laws or any law, regulation, or contractual restriction
binding on it or its assets; and
(3) this Guarantee is its legal, valid and binding obligation enforceable against
it in accordance with its terms except as enforcement hereof may be limited by applicable
bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of
creditors' rights or by general equity principles.
By accepting this Guarantee and entering into the Agreement, the Beneficiary agrees that
WASTE MANAGEMENT shall be subrogated to rights of the Beneficiary against the Contractor
in respect of any amounts paid by WASTE MANAGEMENT pursuant to the Guarantee.
WASTE MANAGEMENT acknowledges that the Contractor is a direct or indirect
subsidiary of WASTE MANAGEMENT and that WASTE MANAGEMENT will receive
substantial benefit from the performance of the Agreement.
Neither this Guarantee nor the Agreement may be amended without the advance written
consent of WASTE MANAGEMENT and the Beneficiary. No amendment shall be effective
unless set forth in a written instrument so executed.
If WASTE MANAGEMENT shall default in the performance of its obligations
hereunder, WASTE MANAGEMENT shall pay to the Beneficiary all costs incurred by the
Beneficiary in enforcing its rights hereunder against WASTE MANAGEMENT, including
reasonable attorney fees and court costs.
Any notice or other communication required or permitted by the terms hereof shall be in
writing and shall be given in a commercially reasonable manner to WASTE MANAGEMENT at
1001 Fannin, 40a' Floor, Houston TX 77002, Attention: General Counsel, or to such other
address as WASTE MANAGEMENT shall specify in writing to the Beneficiary at its above-
specified address or such other address as the Beneficiary shall notify to WASTE
MANAGEMENT as provided herein.
This Guarantee shall be governed by and construed in accordance with the internal laws
of the State of Delaware applicable to contracts made to be performed therein.
The Beneficiary's receipt and acceptance of this Guarantee shall constitute the
Beneficiary's acceptance of and agreement to each and every term hereof.
WASTE MANAGEMENT, INC.
By:
Name:
Title:
By:
Name:
Title:
RECEIVED AND ACCEPTED:
By: By:
Its: Its:
(Beneficiary)
25F-50
EXHIBIT "A"
SPECIFICATIONS
Solid Waste collection and Recycling plastic carts ("carts") for curbside service, City of Santa
Ana, California
Description
Size A: 35 gallon
Depth: 23.75 inches maximum (including handles)
Width: 19 inches maximum
Height: 35 inches maximum (to body rim)
Size B: 64 gallon
Depth: 27 inches maximum (including handles)
Width: 24 inches maximum
Height: 39 inches maximum (to body rim)
Size C: 96 gallon
Depth: 34.5 inches maximum (including handles)
Width: 26 inches maximum
Height: 43 inches maximum (to body rim)
All three sizes must be available in green, grey and burgundy.
Technical Requirements
Body: Carts shall be injection molded of virgin high density polyethylene plastic. The
body of the cart shall be molded to present a smooth interior and exterior surface. The
body of the carts shall have a minimum wear strip under the floor of `A inch (protecting
the floor from abrasive contact with the street surface).
2. Material: Recyclable polyethylene, U.L. approved with a rating of HB or better.
Average Wall Thickness: Size A: Not less than .140 inch
Size B: Not less than .160 inch
Size C: Not less than .165 inch
Carts shall be suitable for use in temperature of >120' F to -20T. All plastic and
component parts used in the construction of the carts shall be recyclable into other
polyethylene products. Crosslink resin is not acceptable. All carts shall be manufactured
with a minimum of 20% post consumer recycle content.
Carts shall be manufactured with a UV stabilizer. The UV stabilizer shall be added in the
solution during the polymerization, prior to pelletizing, compounding and molding.
25F-51
Independent laboratory tests of the carts bid must accompany bid samples certifying
compliance as specified in part 2 of the detailed specifications.
Wheels: Two (2) wheels with self-lubricating bearings with a minimum load rating of
120 lbs. per wheel. Wheels shall be attached to the axle via a tamper resistant snap -on
method which contains no metal components. No cotter pins, "Pal nuts" or similar
restraining devices shall be utilized to attach the wheel. All wheels shall be 1.75 inches
wide. Wheels shall be easily removed for replacement with a non -commercially available
tool.
Wheel Sizes: Size A: 8 inches
Size B: 10 inches
Size C: 12 inches
4. Axles: Axles shall be solid steel and electro -plated with black zinc for durability and long
life. Carts should be designed in such a way as to prevent the axle from popping out. An
axle, which is only press fitted and not secured in some additional manner will not be
acceptable.
Axle Sizes: Size A: 5/8 inch
Size B: 6/8 inch
Size C: 7/8 inch
Lids: Lids shall be molded of the same material as the cart body and shall be permanently
attached to the cart body with plastic hinge(s). Metal fasteners are not acceptable. Lids
shall be watertight and slightly domed to facilitate run-off of rainwater. The lid shall be
designed to fold over parallel to the back side of the cart when fully opened. Lids shall be
factory assembled.
6. Locking Bar: The semi -automated lifting area shall be integrally molded with the body of
the cart. The locking bar shall be able to rotate a full three -hundred sixty (360) degrees
and shall be constructed of zinc -coated steel to prevent rust and corrosion, Plastic locking
bars are unacceptable.
Certification by a certified independent laboratory shall be required of the following
minimum standards and quality assurance measurements:
7.1 Drop Impact Test - material and weight shall be cold soaked at a temperature of
not less than -20 F for 24 hours and dropped within 60 seconds of leaving the cold
chamber. Carts shall remain watertight after a minimum drop height of 15 feet.
Test loads are as follows:
Size A: 120 lbs. distributed
Size B: 160 lbs. distributed
Size C: 180 lbs. distributed
7.2 Lift and Dump Test - shall verify the cart's compatibility with approved,
commercially available, standard dumping equipment. Test shall be performed at
253-52
room temperature with a cycle time that simulates lift, dump and return of 6
seconds. Carts shall remain watertight and functional beyond 6,000 cycles. Test
loads are as follows:
Size A: 160 lbs. distributed
Size B: 250 lbs. distributed
Size C: 350 lbs. distributed
7.3 Wheel/Axle Test - shall verify the combined durability of the wheels, axle and
cart axle supports under fully loaded conditions. The two cycle tests shall be
performed at room temperature as follows:
Cycle 1 - with a rolling length of 75 feet and a 5" curb drop. Cart shall continue to
roll freely and be watertight after 1,000 drops.
Cycle 2 - repeated with a 5.5" stair drop. Cart shall continue to roll freely and be
watertight after 1,000 drops.
Test loads shall be as follows:
Size A: 125 lbs. distributed
Size B: 200 lbs. distributed
Size C: 350 lbs. distributed
7.4 Salt Spray - ASTM B117-90 corrosion tests shall be applied to the lift bracket for
a minimum of 96 hours and to the axle for a minimum of 500 hours. Bracket and
axle shall remain corrosion free.
8. Serial Number/Manufacture Date: Each cart shall be hot stamped with a seven digit, 1-
1/2" high alpha/nuneric identification number on the front of the cart. An in -molded
year/month date wheel identification will be located on the bottom of the cart.
9. Markings: Each cart lid shall be clearly and permanently marked with the cart's size or
volume capacity.
9.1 Precautionary instructions shall be molded into the lids in English and Spanish as
follows:
Size A: Cart Capacity 35 Gallons
Do not overload or you may have difficulty controlling the cart.
Do not roll cart with lid open.
Do not put sand, soil, rocks or concrete in cart.
Maximum load 125 pounds.
Do not put anything hot such as ashes in the cart.
Do not put paints, solvents, gasoline, oil, etc. in cart.
25P-53
Size B: Cart Capacity 64 Gallons.
Do not overload or you may have difficulty controlling the cart.
Do not roll cart with lid open.
Do not put sand, soil, rocks or concrete in cart.
Maximum load 200 pounds.
Do not put anything hot such as ashes in the cart.
Do not put paints, solvents, gasoline, oil, etc. in cart.
Size C: Cart Capacity 96 Gallons.
Do not overload or you may have difficulty controlling the cart.
Do not roll cart with lid open.
Do not put sand, soil, rocks or concrete in cart.
Maximum load 250 pounds.
Do not put anything hot such as ashes in the cart.
Do not put paints, solvents, gasoline, oil, etc. in cart.
9.2 The hot stamp text area size shall be as follows:
Size A: 2'/�" x 14"
Size B: 31/2" x 18"
Size C: 4%" "x 19"
10. References: Each bid shall include references of communities which have purchased like
sizes and quantities of carts. For each reference, carts shall currently be in service for a
minimum of 2 years.
11. Warranty: Each cart must be covered by a minimum 10 year warranty against materials
and manufacturing defects. The first five years (1 through 5) shall be with full warranty;
years 6 through 10 shall be prorated.
25P-54
1.
EXHIBIT 00C°
Rates
Effective 2017
Subject to the provisions of this Agreement, the City shall collect the rate of $20.51 on
behalf of the Contractor for curbside service. The City shall collect the rate of $18.13 on
behalf of the CONTRACTOR for all qualifying senior citizen and mobile park curbside
service units. Rates for each additional solid waste collection plastic carts shall be no
greater than $10.00 per month.
ADDITIONAL CHARGES
FREQUENCY OF COLLECTION
For senior citizens and disabled
Walls -Out Service
No Charge
individuals as per Section
3XW
4XW
12(a)4
6XW
1 Cubic Yard
For other than senior citizens
Walls -Out Service
$25.00 per Month
and disabled individuals as per
$446.48
$553.16
Section 12(a)4
Contamination Fee
$10.00 per Occurrence
Upon third occurrence as per
$399.05
$493.40
Section 12(d)
Extra Pick -Up Fee
$35.00 per Occurrence
For each additional collection inexcess
$419.14
$544.63
of once per week.
Damaged Cart
$45.00 per Occurrence
As per Section 20(d)
At -Your -Door HHW
$190.00 per Occurrence
$636.17
Collection
$1,002.73
Steam Cleaning Carts
$25.00 per Cart
As per Section 20(b)
"All rates include franchise fees, except for additional Solid Waste plastic carts which
are exempt from franchise fees.
2. RESIDENTIAL BIN SERVICE RATES
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more
than the following rates for Residential Bin Service:
CONTAINER
FREQUENCY OF COLLECTION
SIZE
1XW
2XW
3XW
4XW
5 X
6XW
1 Cubic Yard
$106.62
$191.59
$276.53
$361.59
$446.48
$553.16
2 Cubic Yard
$115.99
$210.34
$304.71
$399.05
$493.40
$587.73
3 Cubic Yard
$168.53
$293.90
$419.14
$544.63
$669.96
$849.32
4Cubic Yard
$199.53
$345.10
$490.58
$636.17
$781.62
$1,002.73
25F-55
"All rates include franchise fees and AB 1826 surcharge.
Recycling service for customers receiving residential bin service will be offered at
the same rates as for Commercial/Industrial Recycling Collection under Item 4.
COMMERCIAL/INDUSTRIAL SOLID WASTE COLLECTION
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more
than the following rates for Commercial/Industrial Solid Waste Collection Service:
CONTAINER
SIZE
FREQUENCY OF COLLECTION
1XW
2XW
3XW
4XW
5XW
6XW
1 Cubic Yard
$85.21
$148.75
$212.41
$276.10
$339.69
$424.86
2Cubic Yard
$94.78
$168.07
$241.27
$314.43
$387.66
$493.26
3 Cubic Yard
$136.83
$252.09
$367.28
$482.49
$597.70
$766.83
4Cubic Yard
$178.87
$325.24
$471.66
$618.17
$764.60
$986.59
64 or 96 Gallon
Cart
$83.46
$145.24
$207.14
$269.08
$330.92
$414.34
Stinger Service
$32.09
$64.20
$96.27
$128.35
$160.43
$192.54
25P-56
"All rates include franchise fees and AB 1826 surcharge.
4. COMMERCIAL/MULTI-FAMILY/INDUSTRIAL RECYCLING COLLECTION
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more
than the following rates for Commercial/Multi-Family/Industrial Recycling Collection
Service:
CONTAINER
SIZE
1XW
FREQUENCY OF COLLECTION
2XW 3XW 4XW 5XW
6XW
3 Cubic Yard
$85.82
$155.72
$225.54
$295.37
$365.18
$475.00
4Cubic Yard
$111.82
$199.54
$287.34
$375.16
$462.91
$606.73
Stinger Service
$31.73
$63.47
$95.19
$126.91
$158.63
$190.37
CONTRACTOR may charge a Contamination fee of $50.00 per occurrence subject to the
requirements of Section 12(d).
"All rates include franchise fees.
5. COMMERCIAL/INDUSTRIAL ORGANIC MATERIAL COLLECTION
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more
than the following rates for Commercial/Industrial Organic Material Collection Service:
CONTAINER
SIZE
1XW
FREQUENCY OF COLLECTION
2XW 3XW 4XW 5XW
6XW
2 Cubic Yard
$70.28
$124.63
$178.91
$233.17
$287.47
$365.78
64 Gallon Cart
$61.89
$107.71
$153.60
$199.54
$245.39
$307.25
Stinger Service
$31.73
$63.47
$95.19
$126.91
$158.63
$190.37
CONTRACTOR may charge a Contamination fee of $50.00 per occurrence subject to the
requirements of Section 12(d).
"All rates include franchise fees.
6. ROLL -OFF SERVICE RATES
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more
than the following rates for Roll -Off Services:
25P-57
7
Container Size
10 Cubic yard
20 Cubic yard
40 Cubic yard
MRF Processing
Daily Rental
Bin Relocation
Roll -Off Contamination
Dry Run
Container Cleaning
Haul Rate Additional Fee for Compactor
$258.30 $53.83
$258.30 $53.83
$258.309 $53.83
$75.04 Per Ton
$5.58 per Day
$50.57 per Occurrence
$50.57 per Occurrence
$71.24 Per Occurrence
$32.33 Per Occurrence
"All rates include franchise fees and AB 1826 surcharge.
After 7 days with no dump
In addition to the Roll -Off Service rates set forth above, CONTRACTOR may charge the
Roll -Off Service Customer for the actual Gate Fees paid at the Disposal Site or fees
charged at the Materials Recovery Facility.
SPECIAL BIN SERVICE RATES
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more
than the following rates for Special Bin Services:
(A) A bin which needs to be moved in excess of twenty-five (25) feet in order to be
emptied may be assessed no more than the following fees:
(1) Moving of bins 25 to 50 feet: $1.55 per month times the number of times
emptied each week,
(2) Moving of bins 51 to 75 feet: $3.04 per month times the number of times
emptied each week.
(B) A bin which possesses casters may be assessed a caster charge of no more than
$3.78 per bin per month.
(C) 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.
(D) CONTRACTOR may charge a special service charge of no more than $3.04 a
month times the number of times a week a bin is emptied for moving a bin out of
an enclosure.
(E) CONTRACTOR may charge a fee of no more than $89.50 per bin for an
additional bin pickup when such pickup is requested by a Customer.
(F) CONTRACTOR may charge a fee of no more than $3.04 per month to a
Customer who requests a bin with a lock.
(G) CONTRACTOR may charge a reasonable fee for six (6) cubic yard Bin Service.
(H) CONTRACTOR may charge a reasonable fee for a plastic injection molded two
(2) cubic yard container.
(I) CONTRACTOR may charge a fee of no more than $89.19 per bin to persons who
need temporary use of a three (3) cubic yard bin.
(J) CONTRACTOR may charge a reasonable fee for collection of Solid Waste on
difficult to service streets.
(K) CONTRACTOR may charge a fee of no more than $44.55 per occurrence for
overflowing bins.
(L) CONTRACTOR may charge a restart fee of $20.83 to restart commercial and roll
off service when a permanent account has been terminated for non-payment.
(M) CONTRACTOR may charge a bin exchange fee of $59.38 for each of two or
more bin exchanges in a twelve (12) month period, due to bin size change.
(0) CONTRACTOR may charge a return to service fee of $71.24 per call, for two or
more calls in a one-month period, by a commercial/residential bin service
customer to return to provide service.
(Q) CONTRACTOR may charge a customer a fee of $1.55 each for copies of disposal
tickets.
(R) CONTRACTOR may offer bin relocation service for a fee of $50.57 per
occurrence.
(S) CONTRACTOR may offer heavy -truck service for a fee of $75.86 per
occurrence.
**All rates include franchise fees and AB 1826 surcharge, except for residential services
which include only franchise fees.
8. EMERGENCY SERVICES
(A) The rate per vehicle hour with a two (2) person crew providing emergency Roll -
Off Service on an on-call basis shall be no more than sixty dollars ($60.00) for the
term of this Agreement.
25F-59
(B) The rate per vehicle hour with a two (2) person crew providing emergency Bin
Services on an on-call basis shall be no more than sixty five dollars ($65.00) for
the term of this Agreement.
9. INCORPORATION OF "SMART" PROGRAM IMPACT FEES INTO REFUSE
SERVICE RATES
(A) As of the date of this Agreement, the City is considering adoption of the
"Sustainable Mobility and Roadway Transformation (SMaRT)" Program. The
primary purpose of the SMaRT Program is to provide funding for necessary
improvements to the City's streets to offset the "wear and tear" impact of heavy
vehicle travel thereon.
(B) As part of the SMaRT Program, the City commissioned a study to assess the
impact heavy vehicles travelling within the City have on City streets. The study
concluded that approximately 38.1% of the impact is due to refuse trucks and
similar heavy vehicles travelling on City streets. As such, the study concluded
that the costs of maintaining City streets to offset these impacts may be fairly
apportioned to the cost of providing refuse service.
(C) Therefore, should the City Council establish the SMaRT Program and should it
apportion an amount of street maintenance costs to CONTRACTOR as part of
providing refuse service, those additional costs, as established by ordinance or
resolution (the "SMaRT Fees"), may be added as a separate line item by the
CONTRACTOR to the customer's service rates and charges, in addition to those
authorized herein.
25F-60
EXHIBIT "D"
AB 1826 and 341 Education and Outreach Program
AB 1826 & AB 341 PROPOSED Plan (8/21/17)
CITY OF SANTA ANA, CA
Waste Management of Orange County
WASTC NrnxvAOSMEM
II. AB 1826 & AB 341 Plan
a. List of Tier], II, III Candidates (AB 5826 =1604 &A13341 =1643)
i. Hauler Database
1. Food Waste (Cascadia — CalRecycle Waste Characterization)
2. Green Waste (25% Allocation Estimate)
b. Source Reduction Strategy
i. WASTENOTOC-O.C.Food Donations Flyer
c. Recycling Strategy
i. Green Waste Strategy— 25% Allocation
ii. Food Waste Strategy — Cascadia Percentages based on Waste
Characterization
M. Self -haul Reporting Strategy — 3"d Party Documentation
d. Develop Compliance Timelines
e. Outreach Strategy (AB 1826/AB 341 —combined effort)
L Per Tier, Outreach Compliance Dates
1. Tier I (November 2015 -April 2016) —102 Commercial Customers
Businesses that generate 8 cubic yards of organic waste per week
must arrange for organic waste recycling services.
2. Tier[[ (April 2o16 —January 2017) —160 Commercial Customers
Businesses that generate 4 cubic yards of organic waste per week
must arrange for organic waste recycling services.
25F-61
3. Tier III (January 2017 —January 2019) —1342 Commercial Customers
Businesses that generate 4 cubic yards or more of commercial solid
waste per week must arrange for organic waste recycling services.
fl. Direct Mailing
1. City Letter — AB 1826 & AB 341 Compliance Message (to be provided
by City)
z. WM Letter — Compliance Requirements/Recycling Assistance
3. Double Sided Outreach Flyer (Per Account Holder)
a. AB 1826 Organics Recycling Flyer (WM developed)
b. AB 341 Mandatory Commercial Outreach Flyer (WM
developed)
4. Commercial Self -Reporting Forms
iii. Second Mailing— AB 1826/AB341 Non -Compliance Letter/Post Card Reminder
of AB1826/341 Legislation and Available WM "Right -Sizing" Assistance
iv. Customer Interaction
a. AB 1826 Target — Convert approximately 5-6 accounts per
month
b. AB 341 Target —Visit and evaluate compliance at
approximately 20 accounts per month
i. Introductory Meeting (explain AB 1826/341 &
compliance programs)
fl. AB 341 - Program Training and Setup (train staff,
deliver carts/bins, provide educational materials)
2. Marketing/Outreach Materials
a. AB 1826 Organics Recycling Flyer
b. AB 3411AB 1826 Multifamily Outreach Flyer
f. Reporting/Tracking Compliance
i. Track New Participants/Scrub Non -Compliance Trackers — AB 1826 & AB 341
25F-62
NEW SOLID WASTE SERVICES
RFP PROCESS & ROLL-OUT
TIMELINE
Milestones
RFP Scope of Work development (includes community meetings)
D.
June— October 2017
City Council Meeting— Report on RFP Timeline & Scope of Work
October 17, 2017
City Council Meeting — Approve RFP
November 21, 2017
City releases RFP
November 22, 2017
Mandatory Pre -proposal Meeting
December 6, 2017
Proposals due by 4 p.m.
February 23, 2018
City Council Meeting— Report on evaluation results
May 15, 2018
Finalize Negotiations
June 5, 2018
Complete preparation of contract documents
July 2, 2018
City Council Meeting— Contract Award
July 17, 2018
Contract Roll-out (Transition)
August 2018 - May 2019
*These dates assume no delays.
Exhibit 2
25F-63
25F-64
CITY OF SANTA ANA DRAFT SCOPE OF WORK
City of Santa Ana
Draft Scope of Requested Services
The Scope includes services separated by service sector (i.e., Residential Curbside, Multi -Family,
Commercial, Roll -Off and CITY facilities) as well as a description of customer rate arrangements, public
education, customer service, billing, implementation plan, potential collection impacts, and other
proposed services.
1. RESPONSIBILITIES OF CONTRACTOR
The CONTRACTOR or its Subcontractor(s) will be responsible for the following:
A. Collecting Solid Waste, Recyclable Materials, Organic Materials and Roll -Off generated by
and placed for Collection by Customers of CONTRACTOR's services.
B. Transporting Collected materials to the appropriate Approved Facilities;
C. Performing all other services required by this Agreement including, but not limited to,
Commercial, Multi -Family and Roll -Off Customer billing, public education, Customer service,
record keeping, and reporting;
D. Furnishing all labor, supervision, vehicles, Containers, other equipment, materials, supplies,
and all other items and services necessary to perform its obligations under this Agreement;
E. Paying all expenses related to provision of services required by this Agreement including, but
not limited to, taxes, licenses, regulatory fees (including fees and surcharges as applicable), and
utilities; and paying all expenses related to the operation, permitting, licensing, regulatory fees
for all Approved Facilities owned/operated by CONTRACTOR or CONTRACTOR's Affiliate;
F. Performing or providing all services necessary to fulfill its obligations in full accordance with
this Agreement at all times using best industry practice for comparable operations; and,
G. Complying with all Applicable Laws.
2. RESIDENTIAL CURBSIDE SERVICE
Residential Curbside Service is for any Dwelling Unit or duplex unit in the Service Area where each
Dwelling Unit is designed or used for occupancy by one (1) family and Carts are utilized for the
accumulation and set out of Solid Waste.
2.1 CORE SERVICES FOR RESIDENTIAL CURBSIDE SERVICE
The default service level will be weekly, automated Collection of three (3) 96 -gallon Carts for
each curb -serviced household. Body of Cart will be green; lid color will be established for each
material (i.e. brown for Refuse, grey for Recyclables and green for Yard Waste)
A. Weekly Solid Waste Collection
CONTRACTOR will provide each Residential Curbside Service Unit with a new, wheeled Cart
for automated collection of Solid Waste. The default service level will be a 96 -gallon Cart
Exhibit 3
25F-65
CITY OF SANTA ANA
DRAFT SCOPE OF WORK
collected weekly. The CONTRACTOR shall provide a 64- and/or a 32 -gallon Cart as a substitute
depending on the Customer's preference and need. No discount will be given for using smaller
Carts. Customers may add additional Carts as may be needed at an additional charge. Customers
will be required to place the Cart(s) curbside for collection. Solid waste collection service is
mandatory for all service locations.
B. Weekly Single -Stream Recycling Collection
CONTRACTOR will provide each Residential Curbside Service Unit with a new, wheeled Cart
for automated collection of single -stream recycling material. The default service level will be a
96 -gallon Cart collected weekly. The CONTRACTOR shall provide 64- and/or 32 -gallon Carts as
substitutes depending on the Customer's preference and need. No discounts will be given for
using smaller or no Carts. Customers may add additional single -stream recycling collection Carts
as may be needed at no additional charge, maintaining current provisions for removal of unused
Carts and removal of Carts at households meeting established criteria for repeat contamination.
Customers will be required to place the Cart(s) curbside for collection.
C. Weekly Yard Waste Recycling Collection
CONTRACTOR will provide each Residential Curbside Service Unit with a new, wheeled Cart
for automated collection of yard waste. The default service level will be a 96 -gallon Cart
collected weekly. The CONTRACTOR shall provide 64- and/or 32 -gallon Carts as substitutes
depending on the Customer's preference and need. No discount will be given for using smaller or
no Carts. Customers may add additional yard waste Carts as may be needed at no additional
charge, maintaining current provisions for removal of unused Carts and removal of Carts at
households meeting established criteria for repeat contamination. Customers will be required to
place the Cart(s) curbside for collection.
D. On -Call Bulky Waste Collection
Upon request by a Residential Curbside Service Unit within the CITY, CONTRACTOR will
provide no more than two at -demand bulky item collections per year per Residential Curbside
Service Unit at no additional cost. Each such Curbside Service Unit is limited to a maximum of
four (4) bulky items (or twenty (20) bags of yard waste. Such collection services will 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 will be made directly to the CONTRACTOR who will provide
satisfactory telephone message receiving, transmitting and response procedures and who will be
responsible for maintaining a log of such large item collections. At demand pick-ups will 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 will be charged in accordance with the rate per collection established by the CITY and will
be billed to the Curbside Service Unit requesting the additional collection by the
CONTRACTOR.
CONTRACTOR will provide for the collection and recycling of televisions, computer monitors
and computer laptops as part of the Bulky Item collection program.
CONTRACTOR will provide assistance of removal of bulky items on private property to disabled
individuals at no cost.
Bulky waste collected by CONTRACTOR may not be landfilled or disposed of until the
following hierarchy has been followed by the CONTRACTOR.
• Reuse as is (if energy efficient)
2
25F-66
CITY OF SANTA ANA DRAFT SCOPE OF WORK
• Disassemble for reuse or recycling
Recycle (through participation of charitable organizations)
• Disposal
CONTRACTOR will describe how it will encourage reuse and recycling and comply with the
Collection Agreement diversion requirement.
E. Household Hazardous Waste Collection
Proposer will commit to providing Household Hazardous Waste events each year allowing
residents to deliver their waste to a collection site for proper disposal by Contractor. Contractor
will coordinate with the CITY regarding location and date of the events. Event outreach will meet
all contractual outreach and education requirements. Acceptable items are provided as
Attachment A.
F. Residential Curbside Compost Give -Away
Proposer will commit to providing a Compost Give Away program each year, making available to
each Residential Curbside Unit a "free Compost' program that provides up to fifty (50) gallons of
Compost material for Customer pick-up at the designated facility or in a manner agreed upon by
the CITY. Event outreach will meet all contractual outreach and education requirements.
G. Residential Curbside Annual Holiday Tree Recycling Collection
CONTRACTOR will provide annual collection of holiday trees commencing the first collection
day after December 25 and continuing for a three-week period at no additional charge. Residents
will be required to place the trees curbside for collection. Trees shall be free of ornaments;
garlands; tinsel and flocking; and stands shall be removed. CONTRACTOR will be required to
collect trees up to six feet in length on the same day as the Customers regularly scheduled
collection.
H. Residential Shredding Events
The CONTRACTOR will administer annual shredding events allowing residents to deliver up to
three (3) file -size boxes worth of paper items for shredding. Contractor will coordinate with the
CITY regarding location and date of the events. Event outreach will meet all contractual outreach
and education requirements.
I. Residential Sharps Mail -Back Service
The CONTRACTOR will administer a Residential Mail -Back Service, providing containers
approved for safe disposal of used medical sharps by residents. When the container is full, the
resident will mail it for incineration at an authorized facility. This program will be offered to
residential customers who, for medical reasons, require the use of medical sharps.
J. Curbside Used Oil Collection
As funding is available through State, County or City sources, CONTRACTOR will provide
curbside collection of used oil level. A description of the process for compensation and level of
service is provided in the draft agreement.
3. MULTI -FAMILY DWELLING (NIFD) COLLECTION SERVICE
MFD are any residence in the Service Area with three (3) or more Dwelling Units, where each Dwelling
Unit is designed or used for occupancy by one (1) family, including any flat, apartment, condominium,
25F-67
CITY OF SANTA ANA
DRAFT SCOPE OF WORK
town home or other premises, other than a hotel or motel, including such premises when combined in the
same building with business establishments, utilizing a common Bin(s) for the accumulation and set -out
of Solid Waste. When discussing solid waste, recycling or yard waste collection service changes with
customers, CONTRACTOR shall provide a rate schedule to customers denoting all service levels and all
possible frequencies of collection.
Note:
AB 341 requires that multi -family housing with 5 or more units recycle recyclable
materials such as paper, cardboard, plastics, glass, metals, food and yard waste.
Pursuant to AB 1826, Multi -family housing generating 4 cubic yards or more per
week of non-food organic waste shall arrange for recycling of green waste, landscape
and pruning waste, and non -hazardous wood waste. By January 1, 2019, Multi -family
housing generating 4 cubic yards of solid waste per week or more shall arrange for
recycling of green waste, landscape and pruning waste, and non -hazardous wood
waste. If in the Summer/Fall of 2021, the state determines that statewide disposal of
organic waste measured in 2014 has not been reduced by 50%, the 4 cubic
yards/week threshold for solid waste will drop to 2 cubic yards/week.
3.1 CORE SERVICES FOR MFD
A. Solid Waste Collection
CONTRACTOR will provide Bins, debris boxes and compactors for collection of solid waste.
Customers will have the opportunity to subscribe to the appropriate service level. Collection
frequency will be at least once per week and up to six (6) times per week. Roll -Off box service
will be made available in containers sizes including 10, 20 and 40 cubic yards. Roll -Off boxes
and Compactors, as provided by CONTRACTOR or by Customer, will be serviced as needed.
Customers and CONTRACTOR will determine a mutually acceptable collection location. Solid
waste collection service is mandatory for all service locations.
B. Recyclable Materials Collection
Proposer will propose a Recyclable Materials Collection program designed to achieve the CITY's
goals. CONTRACTOR will be required to offer recycling services to all MFD Customers and
provide such services upon request. CONTRACTOR will provide Bins and Roll -Off boxes for
collection of recyclable materials. In order to prevent the contamination of recyclables, the
contractor will provide "restricted access" lids for recycling collection containers, as needed.
C. Yard Waste Recycling Collection
CONTRACTOR will provide Bins for collection of Yard Waste. Customers will have the
opportunity to subscribe to the appropriate service level. Collection frequency will be at least
once (1) per week and up to seven (7) times per week. Customers will pay a separate fee for yard
waste collection based on their service level in accordance with rate established by the CITY.
D. On -Call Bulky Item Collection
CONTRACTOR will provide on-call collection of bulky items from MFD customers using a
method suitable for the MFD complex and agreed upon by the Customer or property manager.
CONTRACTOR will provide on-call collection of bulky waste to MFD's scheduling the service
with CONTRACTOR with 48 hours' notice. Customers may place up to five items out for
collection per pick-up. Items will be collected on the Customer's regular collection day.
CONTRACTOR will be required to separate and recycle all commodities that can be feasibly
25F-68
CITY OF SANTA ANA
DRAFT SCOPE OF WORK
recovered. Customers will pay a separate fee in accordance with the rate established by the CITY.
Bulky waste collected by CONTRACTOR may not be landfilled or disposed of until the
following hierarchy has been followed by the CONTRACTOR.
• Reuse as is (if energy efficient)
• Disassemble for reuse or recycling
• Recycle (through participation of charitable organizations)
• Disposal
E. Household Hazardous Waste Collection
Proposer will commit to providing Household Hazardous Waste events each year allowing
residents to deliver their waste to a collection site for proper disposal by Contractor. Contractor
will coordinate with the CITY regarding location and date of the events. Event outreach will meet
all contractual outreach and education requirements. Acceptable items are provided as
Attachment A.
4. COMMERCIAL COLLECTION SERVICE
Commercial customers include all retail, professional, office, wholesale and industrial facilities, other
commercial enterprises offering goods or services to the public; organizations; and agencies other than
CITY agencies. CONTRACTOR will be required to service Carts, Bins and Roll -Off boxes stored in
customer's solid waste enclosure or other locations as requested by customer. When discussing solid
waste, recycling or organic material collection service changes with customers, CONTRACTOR shall
provide a rate schedule denoting all service levels and all possible frequencies of collection.
4.1 CORE SERVICES FOR COMMERCIAL
A. Solid Waste Collection
CONTRACTOR will provide Bins, Roll -Off boxes and compactors for collection of solid waste.
Customers will have the opportunity to subscribe to the appropriate service level. Collection
frequency will be at least once per week and up to six (6) times per week. Roll -Off box service
will be made available in containers sizes including 10, 20 and 40 cubic yards. Roll -Off boxes
and Compactors, as provided by CONTRACTOR or by Customer, will be serviced as needed.
Customers and CONTRACTOR will determine a mutually acceptable collection location.
B. Recyclable Materials Collection
Proposer will propose a Recyclable Materials Collection program designed to achieve the CITY's
goals. CONTRACTOR will be required to offer recycling services to all MFD Customers and
provide such services upon request. CONTRACTOR will provide Bins and Roll -Off boxes for
collection of recyclable materials. In order to prevent the contamination of recyclables, the
contractor will provide "restricted access" lids for recycling collection containers, as needed.
C. Organic Material Recycling Collection
CONTRACTOR will provide wheeled Carts and Bins for collection of Organic Material,
including Yard Waste and/or Food Waste. Customers will have the opportunity to subscribe to the
appropriate service level. Carts and/or Bins will be made available. Collection frequency will be
at least once (1) per week and up to seven (7) times per week. Customers will pay a separate fee
for yard waste collection based on their service level in accordance with rate established by the
CITY.
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D. On -Call Bulky Item Collection
CONTRACTOR will provide on-call collection of bulky items from Commercial customers using
a method suitable for the MFD complex and agreed upon by the Customer or property manager.
CONTRACTOR will provide on-call collection of bulky waste to Commercial scheduling the
service with CONTRACTOR with 48 hours' notice. Customers may place up to five items out for
collection per pick-up. Items will be collected on the Customer's regular collection day.
CONTRACTOR will be required to separate and recycle all commodities that can be feasibly
recovered. Customers will pay a separate fee in accordance with the rate established by the CITY.
Bulky waste collected by CONTRACTOR may not be landfilled or disposed of until the
following hierarchy has been followed by the CONTRACTOR.
• Reuse as is (if energy efficient)
• Disassemble for reuse or recycling
• Recycle (through participation of charitable organizations)
• Disposal
4.2 OPTIONAL SERVICES FOR COMMERCIAL
A. On -Call Electronic Waste (E -Waste) Recycling Collection
CONTRACTOR will provide on-call a -waste collection. CONTRACTOR is required to describe
its methodology to provide on-call collection of a -waste (e.g., material types, customer set -out
requirements, control mechanisms for spills and contamination, and any limitations on allowable
amounts) along with a fee per pick-up that would cover all program costs.
B. On -Call Universal Waste Recycling Collection
CONTRACTOR will provide on-call universal waste recycling collection service. Universal
waste collection includes fluorescent lamps, cathode ray tubes, instruments that contain mercury,
and batteries. CONTRACTOR is required to describe its methodology to provide on-call
collection and recycling of universal waste (e.g., material types, customer set -out requirements,
chain of custody documentation, and any limitations on allowable amounts) along with a fee per
pick-up that would cover all program costs.
5. ROLL -OFF COLLECTION SERVICES
Roll -Off collection services include the delivery, removal and recycling or disposal of used or discarded
materials removed from premises during demolition, construction, repair or renovation of a structure
resulting from construction, remodeling, repair or demolition operations on any residential property,
commercial building, pavement, or other structure and such other materials as may be removed during the
normal cleanup process of such construction, renovation, repair or demolition operations. Roll -Off also
includes rocks, soils, tree remains and other Yard Waste and Large Yard Waste which results from land
clearing or land development operations in preparation for construction. Roll -Off does not include
Exempt Waste.
5.1 ROLL -OFF COLLECTION SERVICE REQUIREMENTS
CONTRACTOR will provide Roll -Off collection from Service Units in the Service Area and the
delivery of that material to the Materials Recovery Facility, Transfer Station or Disposal Facility, as
appropriate. Roll -Off collection service will be made available in container sizes including 10, 20 and
40 cubic yards. Reduced pricing will be offered for source -separated concrete/inerts, metals and
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wood. Special pricing will be offered for Tires. CONTRACTOR will describe how it will encourage
reuse and recycling and comply with the Collection Agreement.
COLLECTOR will assist Customers to comply with the requirements of the 2013 California Building
Standards Code including Part 11 California Green Building Standards Code which provides, among
other requirements, the diversion of 50% of all debris generated at a site from landfills either by
source -separated recycling or by processing at a facility or facilities that cause not less than 50
percent of those materials to be diverted from landfills. COLLECTOR agrees to transport all Roll -Off
collected within the Service Area to a materials processing facility for processing and recovery of
recyclable materials resulting in a minimum 50% diversion from landfill disposal. COLLECTOR will
provide Customers with the documentation necessary to demonstrate compliance with CalGreen
debris diversion.
6. CITY SERVICES
CITY facilities will be provided all Core collection services at "no charge." Collections will be scheduled
at a time mutually agreed upon by the CONTRACTOR and the CITY. The cost of these services will be
included in the overall rate structure to provide services to the other three sectors (i.e., Residential
Curbside, MED and Commercial).
6.1 CORE SERVICES FOR CITY
A. Solid Waste Collection
CONTRACTOR will provide wheeled Carts, Bins and/or Roll -Off boxes for collection of solid
waste. The CITY will have the opportunity to subscribe to the appropriate service level. Carts will
be made available including 64 and 96 gallons. Bins will be made available in sizes including 1,
2, 3, and 4 cubic yards. Collection frequency will be at least once (1) per week and up to seven
(7) times per week. Roll -Off box service will be made available in container sizes including 10,
20 and 40 cubic yards.
B. Recyclable Materials Collection
CONTRACTOR will provide recycling collection service at CITY Facilities at no additional
charge. CONTRACTOR will provide Carts, Bins and/or Roll -Off boxes for collection of
recyclable materials.
C. Organic Materials Collection
CONTRACTOR will provide Organic Materials Collection service at CITY Facilities at no
additional charge. CONTRACTOR will provide Carts, Bins and/or Roll -Off boxes for collection
of Organic Materials.
D. Parkway Clean -Up Following Garage Sales
CONTRACTOR will provide 2 employees in a "front -loader" vehicle that will devote 60 hours
each six working days following the quarterly garage sales to canvass the CITY neighborhoods in
order to remove debris left in the parkways after garage sales. CONTRACTOR will transport all
Solid Waste collected by the CONTRACTOR from Parkway Cleanups within the CITY
boundaries to a state permitted MRF, as provided in, and in compliance with, CalRecycle, which
MRF will be acceptable to the CITY.
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E. Alley Clean -Up
DRAFT SCOPE OF WORK
CONTRACTOR will provide 2 employees in a "front -loader" vehicle who will devote 50 hours
each, six working days of each week, to canvass the CITY neighborhoods in order to remove
debris left in alleyways following relocations. CONTRACTOR will transport all Solid Waste
collected by the CONTRACTOR from Alley Cleanups within the CITY boundaries to a state
permitted MRF, as provided in, and in compliance with, CalRecycle, which MRF will be
acceptable to the CITY.
F. Neighborhood Clean -Up
The Contractor will supply Roll -Off containers for CITY sponsored neighborhood cleanups at no
cost to the CITY. The number of roll off containers will not exceed a maximum total number of
three hundred (300) containers annually. The CITY will have the option to add 20 additional
Roll -Off containers during each five (5) year period of the contract. For example, starting year six
(6), the CITY may require 320 containers annually.
G. CITY -Sponsored Events
CONTRACTOR will provide wheeled Carts, special event boxes, Bins, and/or Roll -Off boxes to
collect solid waste and recyclable materials at "no charge" for CITY -sponsored events.
CONTRACTOR will assist the venue and event organizers with developing recycling plans and
reporting data. When requested by event organizers, solid waste and recycling collection service
will be provided for each venue or event. This may include providing numerous Carts and/or
special event boxes to distribute throughout the event for use by patrons. Carts to be made
available include 64 and 96 -gallon Carts. Bins will be made available in sizes including 1,2,3 and
4 cubic yards. Roll -Off box service will be made available in container sizes including 10, 20 and
40 cubic yards. Collection frequency will be provided as required by the event organizer.
H. Grant Management
CONTRACTOR will provide development and management of grants pursuant to the CalRecycle
regulations and/or adopted by CalRecycle including the Department of Conservation and other
governmental agencies that offer grants related to collection and recycling services provided
under the Agreement. Contractor shall be compensated $75.00 per hour for grant administrator's
time to development and administer the grant programs.
6.2 ADDITIONAL (NON-CORE) SERVICES FOR CITY FACILITIES
A. Household Hazardous Waste/E-waste/Universal Waste
The CONTRACTOR will provide, either directly, or through a CITY -approved subcontractor,
Household Hazardous Waste, E -waste and Universal Waste Collection Service for CITY
Facilities for a fee in accordance with the maximum rate established by the CITY.
7. OTHER COLLECTION SERVICE CONSIDERATIONS
This Section presents service considerations required by CONTRACTOR that were not specified in
Sections 2 through 6.
7.1 ADDITIONAL COLLECTION SERVICE REQUIREMENTS
CONTRACTOR will:
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• Provide public education to residents and businesses. A detailed description of
CONTRACTOR's public education responsibilities is provided in the Collection
Agreement.
• Monitoring and reporting relative to AB 939, AB 341 and AB 1826.
• Provide customer service and billing service as necessary to fulfill its obligations.
• Furnish all labor, supervision, collection vehicles, collection containers, other equipment,
materials, supplies, and all other items and services necessary to perform its obligations.
• Be solely responsible to pay all expenses related to the provision of services including,
but not limited to, taxes, regulatory fees, host fees, business license fees, utilities, etc.
• Be solely responsible for the impact of any changes in law to the operation of the
CONTRACTOR's facility(ies), including financial and operational impacts.
• Provide all services in a thorough, safe and professional manner.
• CONTRACTOR will be responsible for ensuring that its customers consistently receive a
high level of customer service and responsiveness.
• Comply with applicable laws, regulations and ordinances.
7.2 PROCESSING PLAN
Proposer shall include a Processing Plan that demonstrates the proposer's ability to arrange for the
processing of Recyclables and Organics originating in the CITY for the term of the Collection
Agreement and any extensions thereof. The plan should identify any arrangements that will benefit
the CITY in maintaining long-term rate stability. Prior to selection, the CONTRACTOR will be
required to produce proof of all arrangements described in its offer. CONTRACTOR should indicate
the per -ton costs and tonnage disposal guarantees they will offer the CITY. The plan should specify
facilities and fees for the processing of all materials collected in the CITY including Roll -Off.
7.3 DIVERSION PLAN
Proposer shall include a Diversion Plan that details the Proposer's approach to diversion and
describes all associated programs and services. Proposer shall include its approach to minimizing
scavenging, systematically reducing contamination and ensuring compliance with all CalRecycle
requirements. The proposer shall provide plans for Residential Curbside, Multi -Family and
Commercial and Roll -Off Solid Waste, Recyclables and Yard Waste/Organics. The plan shall include
measurable goals for diversion and for reducing contamination for each year of the contract.
7.4 CUSTOMER RATE ARRANGEMENTS
This section provides a description of rate arrangements that will apply to all four service sectors.
7.5 RESIDENTIAL CURBSIDE SERVICE RATE ARRANGEMENTS
The Residential Curbside Service rate structure will feature an integrated fee for collection that covers
solid waste, recycling, and Yard Waste collection services, regardless of Cart size(s) selected by
customer.
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7.6 MID & COMMERCIAL RATE ARRANGEMENTS
A volume -based rate structure will be used for MFD. Customers will be encouraged to participate in
Recyclable and Yard Waste collection. Customers will be required to pay a fee for collection services
based on subscription levels.
7.7 CITY FACILITIES
CITY facilities will be provided core collection services at "no charge".
8. PUBLIC EDUCATION
CONTRACTOR will prepare an annual public education plan and meet with the CITY to review the
plan. CONTRACTOR is responsible for additional public education activities as specified below,
including personnel, printing and other program costs. Proposer shall refer to Draft Agreement for a
description of all requirements.
CONTRACTOR will provide its proposed budget (i.e., including all aspects of production and
distribution costs), a detailed description and schedule for all of the initial program roll-out activities
and for annual ongoing public education and outreach materials and activities. The plan will be
provided to the CITY for review and approval within 30 days of award of agreement.
CONTRACTOR will provide the CITY with each draft item a minimum of 14 days prior to any
production for review and approval. All outreach and education materials will include the elements
necessary to meet or exceed AB 939, AB 341 and AB 1826 requirements.
8.1 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.
CONTRACTOR shall include the following in its proposal:
• A job description for the position.
• A resume for the person intended to fill the position
8.2 MEETING REQUIREMENTS
The designated agent/liaison is required to meet with CITY staff at the CITY's preferred frequency to
review public outreach activities and diversion results.
8.3 REPORTING REQUIREMENTS
CONTRACTOR is required to prepare reports as described in the Draft Agreement, including AB
939, AB 341 and AB 1826 related reports.
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9. CUSTOMER SERVICE
DRAFT SCOPE OF WORK
CONTRACTOR is responsible for ensuring that all staff and customer service representatives maintain a
professional and courteous demeanor. CONTRACTOR will be responsible for all employee interactions
with customers. CONTRACTOR is required to ensure that its customers are consistently treated
courteously and are presented with timely, responsive and thorough solutions to problems and requests
for information. To ensure that customers in the CITY obtain competent, professional and courteous
customer service, Proposer will submit a Customer Service Operations Plan. The Customer Service
Operations Plan will include, at a minimum, the following sections:
• Recycling Hotline/Call Center
• Website
• Customer Information System
• Staffing
• Commercial Customer Service
• Local Office in City of Santa Ana that is Accessible to the Public to accept Payment and
Other Assistance
CONTRACTOR shall provide a detailed description of each section of the Customer Service
Operations Plan.
9.1 CUSTOMER SERVICE CALL CENTER
A. The CONTRACTOR will maintain an office that provides telephone access to residents and
businesses of the CITY and is staffed by trained and experienced Customer Service
Representatives (CSRs). Such office will be equipped with sufficient telephones so that all
Collection Service related calls received during normal business hours are answered by an
employee within five (5) rings; will have responsible persons in charge during Collection
hours; and will be open during normal business hours. The CONTRACTOR will provide
either a telephone answering service or a mechanical device to receive Service Recipient
inquiries during those times when the office is closed. Calls received after normal business
hours will be addressed the next morning the office is open.
B. Additionally, CONTRACTOR will provide the following:
1. Describe where the customer service call center will be located; if the call center is new
or existing; and if the calls for other operations will be handled by the same call center.
2. Identify the name, type of equipment, and software used to maintain customer service
information.
3. Indicate if the system is a new system that the company has not used elsewhere; if the
system is currently used on a company -wide basis; or if the system is used by the
company for select jurisdictions. Identify for which jurisdictions the system is used by the
company.
9.2 CALL CENTER STAFFING
CONTRACTOR will identify the number of customer service representatives (CSRs), their job
functions, and number of hours per week that will be devoted to customer service. CONTRACTOR
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CITY OF SANTA ANA
DRAFT SCOPE OF WORK
shall provide its rationale for the proposed staffing level. Describe the work schedule of the CSRs.
Provide the number of CSR supervisory staff and describe their responsibilities. Proposer shall
describe its training strategy for CSRs and CSR supervisory staff.
9.3 WEBSITE
CONTRACTOR will develop and maintain a website dedicated to services provided in the CITY that
is accessible by the public. The website will include answers to frequently asked questions; rates for
Collection Services; Recyclable Materials, Yard Waste and Organic Waste specifications; proper
Bulky Waste and Household Hazardous Waste disposal procedures; and other related topics. The
CONTRACTOR's website will provide the public the ability to e-mail complaints to
CONTRACTOR and request services or service changes.
CONTRACTOR shall describe how the website will allow customers to submit inquiries or
complaints, request new service or change in service, and request on-call Bulky Item services. In
addition, CONTRACTOR shall explain if it plans to manage the website with in-house staff or if a
subcontractor will be used. CONTRACTOR shall disclose the subcontractor that will be used.
9.4 CUSTOMER INFORMATION SYSTEM REQUIREMENTS
CONTRACTOR is required to use a customer information system with software applications capable
of documenting all correspondence between CONTRACTOR and customers, and any other
applicable service or customer contact information. CONTRACTOR shall also provide a description
of the capabilities of the software system to create summary reports.
9.5 COMPLAINT RESOLUTION
A. Communication
Explain how communications will occur between company's operations with a minimum
feedback loop between customer service, billing, collection operations, and recycling staff.
Describe how the customer service information system interfaces with routing and billing
systems.
B. Resolution Process
Explain the process for resolving complaints, specified time periods for resolving
complaints, responsibility for resolving complaints, and final resolution. This description
will explain procedures to satisfactorily respond to, record, and report common customer
complaints such as: missed pick-ups (i.e., both individual accounts and multiple accounts on
whole blocks or along a section of a street); spills and litter resulting from collection;
collection schedule changes; broken or missing containers; improperly prepared set -outs;
noise complaints; traffic and sidewalk obstruction during collection; and safety around
collection vehicles during operations.
10. BILLING REQUIREMENTS
CONTRACTOR will provide billing services to all Multi -Family, Commercial and Roll -Off service
customers:
10.1 SUBMITTAL REQUIREMENTS
Proposers will submit the following:
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CITY OF SANTA ANA DRAFT SCOPE OF WORK
A. Sample customer billings.
B. Description of its procedures for dealing with customer service, with regard to customer
billing demands, during the transition and throughout the term of the Collection Agreement.
10.2 BILLING SERVICE REQUIREMENTS
The proposer shall confirm understanding of the billing service requirements as detailed in the
Draft Agreement.
A. Annual Billing Audits.
The CONTRACTOR may be required to conduct annual billing audits of all MFD, commercial,
and Roll -Off Customers, with the CITY maintaining the right to engage a third party for an
independent audit.
B. Access to Billing Records.
The CITY or selected representatives will be allowed access by CONTRACTOR to billing
records in electronic format at any time, upon one business day notice.
C. Annual Rate Notification.
CONTRACTOR shall annually, within 30 days prior to the effective date of a rate change,
prepare and distribute a notice or bill insert to each customer setting forth the CONTRACTOR's
rates, annual holiday schedule, recycling programs offered, and a general summary of services
required to be provided and optional services that may be furnished by CONTRACTOR.
D. Multi -Family and Commercial Billing.
Bills shall be itemized in a form approved by the Contract Administrator. All bills shall cavy a
due date, not "due upon receipt" CONTRACTOR will bill all customers directly on a monthly
basis, 30 days in advance. To start service, new customers will pay a pro -rated first month's
service in advance.
E. Temporary and Permanent Roll -Off Box and Temporary Bin Customers.
For individually serviced Customers who request Temporary Roll -Off box and/or Temporary Bin
service, the CONTRACTOR will accept major credit cards for payment. All credit card
transactions will be documented on the customer account with all associated service data. For
Permanent Roll -Off box customers, the CONTRACTOR will invoice monthly or semi-monthly in
arrears with payment due within 15 days from the invoice date.
F. Delinquent Accounts.
Once a payment is 30 days past due, CONTRACTOR shall send to the Customer a notice that
service will be suspended if payment is not made within an additional 30 days. Service may only
be suspended after these minimum time periods and notice. CITY will not be responsible for or
assist with the collection of delinquent accounts, except where lien authority has been established
for this purpose.
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CITY OF SANTA ANA DRAFT SCOPE OF WORK
G. Automated Billing Payment.
CONTRACTOR will make available to all Customers an automated billing and payment system
at no additional charge. This system should be website based and allow customers to view and
pay bills through CONTRACTOR's website. Through the CONTRACTOR's website, Customers
may request to cease paper billing and receive all bills through e-mail and/or CONTRACTOR's
website. CONTRACTOR will ensure that the electronic billing and payment website conforms to
industry -standard practices for electronic commerce security. CONTRACTOR shall ensure that
these customers are compiled in a list to ensure that billing inserts are mailed directly.
CONTRACTOR will promote the website -based billing and payment system on all paper bills
sent to Customers.
11. CONTRACTOR IMPLEMENTATION PLAN
CONTRACTOR will provide a detailed implementation plan describing the CONTRACTOR's approach
to facilitating a smooth transition for all the changes to collection services. The plan shall clearly describe
the company's ability to implement the services in accordance with the provided schedule (inserted upon
award and execution of contract). This description should include, but not be limited to:
A. A timeline showing the duration and completion date of major milestone events such as
vehicle purchase and testing; container purchase, assembly and distribution; personnel hiring
and training; customer service and billing database development and implementation;
administration; public education; etc.
B. Assumptions regarding the participation of CITY staff.
C. Identification of common problems that can occur in service initiation and strategies for
preventing or managing such problems.
D. Procedure for residential and commercial customers to select container size(s) and service
frequency.
E. Contingency plans for all aspects of implementation.
12. CARTS AND BINS
The CONTRACTOR will provide information required in this Section
12.1 CARTS
CONTRACTOR will provide new Curbside Collection Carts for fully automated carts as specified in
the Draft Agreement. CONTRACTOR will provider proposed cart specifications including
manufacturer and model, anticipated service life and warranty associated with the proposed cart.
12.2 BINS
CONTRACTOR(Jprovided Bins shall be designed and constructed to be watertight and prevent
the leakage of liquids. All Bins shall display the Contractor's name, local telephone number, and
some identifying inventory or serial number. If a new contractor other than the current service
provider is selected for the new Agreement such Contractor may attempt to negotiate the purchase of
the existing commercial Bins and Roll -Off Boxes from the current service provider.
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CITY OF SANTA ANA DRAFT SCOPE OF WORK
13. COLLECTION VEHICLES
The CONTRACTOR will provide the information required in this Section.
13.1 COLLECTION VEHICLES
CONTRACTOR will provide new collection vehicles. CONTRACTOR will provide detailed
information regarding the number of each type of collection vehicle to be used, along with the name
of the manufacturer and vehicle specifications.
13.2 VEHICLE IMPACTS
How the vehicles shall comply with the Solid Waste Collection Vehicle rule adopted by the
California Air Resources Board on September 25, 2003, and any other California Air Resources
Board requirements.
13.3 ALTERNATIVE FUEL VEHICLES
Contractor shall meet all State, County, City, California Air Resources Board (CARB) and South
Coast Air Quality Management District (SCAQMD) and any other applicable regulations and
requirements.
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DRAFT SCOPE OF WORK
ATTACHMENT A: HOUSEHOLD HAZARDOUS WASTE
Acceptable Waste*:
16
25F-80
Floor stripper
Tires (up to four)
Drain cleaner
Garden Chemicals
Tile remover
Insect sprays
Weed killers
Tile cleaners
Other poisons
Rust remover
Fertilizer
Misc. Household
Household batteries -thermometers
Swimming Pool Chemicals
Electronics, TV, CRT, consumer
Pool acid
Chlorine: tablets, liquid
items
Automotive Waste
Fluorescent tubes
Motor oil
Thermometers
Antifreeze
Hobby glue
Waxes
Artist's paint
Polishes
Medicines (pills -capsules loose)
Cleaners
Sharps
Brake fluid
*Other waste as may be added by State, County
Gasoline
or City
Used oil filters
Unacceptable Waste:
Oily rags
Biological waste
Transmission fluid
Radioactive materials
Windshield washer fluid
Smoke detectors
Hydraulic fluid
Ammunition
Automotive batteries
Explosives
Paint Products
Leaking containers
Oil-based paint
Fire extinguishers
Latex paint
Pressurized cylinders
Spray paint
Appliances (larger than microwave)
Stripper
Waste in 6 -gallon or larger container
Stains
Commercial chemicals (for business use)
Caulking
Asbestos
Wood preservative
Trash
Glue
Construction materials
Thinner
More than five gallons of driveway sealer
Household Cleaners
Bleach
Liquid mercury
Cleaning compounds
Unknowns (shall be tested)
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NEW SOLID WASTE SERVICES
RFP FRAMEWORK
1. Council approval of RFP Process
a. Ex -Parte Communication Requirement: no contact allowed between proposers and City
Staff/Elected Officials throughout the duration of the process
b. Criteria and Weighting of proposal components (should reflect the specific, unique priorities
of the City)
I. Qualifications and Experience
ii. Proposed Collection and Diversion Services
iii. Customer Service, Outreach and Education, and Operational and Material
Management Infrastructure
iv. Cost Proposal (separate scoring for reasonableness and competitiveness, with
ranking based on overall contract revenue)
v. Interview (further demonstration of performance capabilities and alignment with
City goals)
Recommended weighting:
20% Qualifications and Experience
25% Proposed Collection and Diversion Services
20% Customer Service, Outreach and Education, and Infrastructure
30% Cost Proposal (reasonableness and competitiveness as measured by revenue
requirements)
5% Interview
2. Evaluation Approach
a. Evaluation conducted by committee including designated City staff, Public Works
Directors/Managers from two other cities, and consultant
b. Evaluation includes interviews with the proposers
3. Evaluation Report and Recommendation Approach
a. Report includes evaluation summary, scoring of proposers and ranking of proposers
Exhibit 4
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b. Top 2-3 proposers are invited to give brief presentations at Council meeting when the
evaluation results are presented.
c. Council directs staff and consultant to conduct negotiations and finalize contract with
selected proposer
4. Fee Requirements
a. Will the awardee be required to pay for RFP costs (consultant, city attorney time, staff time,
etc.)?
b. Will the proposers be permitted to offer financial incentive to City?
Draft Agreement Recommendations
1. Contract Term Recommendation
Recommend 10 -year initial term with 2, 5 -year extensions at City's sole discrdtion or 15 years with 2,
2 -year extensions at City's sole discretion. Extension options are to the benefit of the City.
2. Collection Vehicles Recommendation
Recommend new collection vehicles. (Typically, new collection vehicles are required. The length of
the contract term allows for amortization and the longer the term, the less of an impact there will
be on the rates.)
3. Residential Carts Recommendation
Recommend new residential collection carts requirement. Existing cart inventory is reaching end of
useful life. New cart distribution allows for accurate billing, reinforces recycling program
requirements and enhances the City's aesthetic.
4. Diversion Requirements
a. Establish minimum diversion rate, maximum contamination rate for commercial services
b. Policy decisions regarding scavenging issues (required proposer to allocate staffing to
address scavenging, or to allocate funds to offset code compliance staff time)
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CORRESPONDENCE
25F-84
(E)RAINB9
Fr n REPUBLIC SERVICES company
October 9, 2017
Santa Ana City Council
20 Civic Center Plaza
P.O. Box 1988, M31
Santa Ana, CA 92701
Re: Solid Waste Contract "Short Term" Extension
Dear Mayor and City Councilmembers:
Rainbow Environmental Services, a Republic Services company, has been following the ongoing
discussion regarding your City's solid waste collection service agreement.
I am writing to recommend, and request your support in aligning the term of the pending "short term"
extension of your current solid waste agreement to run concurrent with the RFP process the City is about
to commence. We put forth this recommendation with yours, your constituents, and the City's best
interests in mind.
At the October 2, 2017 City Council Meeting, Mr. Joe Sloan of Sloan Vasquez, the City's solid waste
consultant, verified that the RFP process will requirel6 months to complete — and that it may be
compressed or elongated dependent upon Council input, deliberations, and direction. A comprehensive
RFP timeline was shown in Exhibit A for Item 65A of the October 2nd Staff Report supporting a timeline
of 16 months.
In as much as the City's current solid waste contract expires on June 30, 2018, this provides the parties
more than 8 full months toward this 16 -month timeline. Therefore, we see little reason to justify the
offered term of 24 months, plus an additional 12 -month option. Such a unilateral extension is grossly
misaligned with the 16 -month RFP timeline being discussed, and would provide a 44 -month period to
your current provider. Furthermore, this term would undoubtedly delay your goals to seek the best terms
and service for your city.
We vehemently oppose the 24 months + 12 months unilateral extension as extreme overreach.
We urge Council to approve a term of no more than 12 months plus an additional 12 -month option for
this extension to accommodate the RFP process. This term would provide more than 32 months to
complete the 16 -month RFP timeline, would mitigate all risk to the City, and provide more than ample
assurance for the City's ongoing solid waste needs.
Prior City Council agenda items in 2017 related to this matter on May 20, June 18, and September 19 all
make direct reference to proposed one year extensions. Somehow this has changed to three years. At the
25F-85
October 2"a meeting, your Public Works Director stated that the proposed "short term" extension of 24
months + 12 months was being considered because your current provider only offered this term. We
expect that as partners to this contract your staff would also have a say in in the framework of an
agreement.
Our company is eager to participate in your RFP for a public-private partnership with the City of Santa
Ana. We believe that our partnership will provide substantial improvements to your City's sustainability
and diversion from landfills while increasing jobs within the City and enhancing your community
through our leading community relations and neighborhood promise programs. Thank you for
considering a 12 -month extension, plus a 12 -month option of your current solid waste agreement to best
serve the interests of your constituents and your City.
Sincerely,
Jeff Snow
Municipal Services Director
25F-86