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Item 20 - Solid Waste Services Proposers
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02/16/2021 Regular
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Item 20 - Solid Waste Services Proposers
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Agenda Packet
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Clerk of the Council
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20
Date
2/16/2021
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<br />February 9, 2021 10 City of Santa Ana <br />proposer. The detailed exceptions are included in the proposal summaries contained in Attachments <br />3 through 6. <br /> <br />Table 5: Number of Contract Exceptions <br />Line Proposer <br /># of Contract Exceptions <br />in Initial Proposal <br />1 Athens Services 2 <br />2CR&R 5 <br />3 Republic Services 9 <br />4 Waste Management 24 <br /> <br />Exceptions will be discussed with proposers during negotiations. In an email dated December 7, <br />2020, Waste Management withdrew their exceptions to sections 11.4.A, 11.4.B, 1.37, 1.54, 2.9(o), <br />and 9.4.B. Following the interview on December 15, 2020, Waste Management withdrew their <br />exception to the rate adjustment methodology contained in Section 6.4 of the draft agreement. <br />Legal Disclosures <br />The RFP required the proposers to describe certain legal actions meeting the disclosure <br />requirements that occurred in the past ten years against the entity submitting the proposal, its key <br />personnel, the owners and officers of the company, or any parent or affiliated companies in the <br />State of California. The number of legal disclosures is provided in Table 6 below. See Attachments <br />3 through 6 for details. <br /> <br />Table 6: Number of Legal Disclosures <br />Line Proposer <br /># of Legal <br />Disclosures Case <br />1 Athens Services 1 <br />City of Montebello v All Persons Interested in the Matter, et. al., Central <br />District, Case No. BC713533 (2018). Action for judicial declaration <br />concerning current status of residential franchise agreement filed by City <br />and counterclaim by Athens for declaratory relief and damages. Parties <br />reached a settlement and actions were dismissed. Athens continues to <br />provide solid waste hauling services under the long‐standing 1984 <br />agreement to the City residents. <br />2CR&R 0 <br />N/A <br />3 Republic Services 1 <br />City of Maywood v. Consolidated Disposal Service, LLC; Republic Services, <br />Inc. (correct legal entity). <br />Plaintiff alleged that Republic failed to remit several years’ worth of utility <br />user taxes to the City, and improperly overcharged customers in the City <br />of Maywood. <br />Date resolved: December 2019 <br />Outcome: Settled <br />4 Waste Management 0 / 1(1)Lopez vs Ware Disposal, Case No. 30‐2010‐00405307‐CU‐OE‐CXC <br />allegation of waste and hour claims, failure to pay wages, failure to <br />provide meal periods and failure to provide rest periods. <br />(1) If Waste Management is selected, Ware Disposal, in partnership with Waste Management, will provide certain <br />services to the City. The one legal disclosure presented is in relation to Ware Disposal. <br />
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