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RFP No. 20-097 - Collection and Handling of Solid Waste
<br />Generated, Produced and/or Accumulated in the City of Santa Ana
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<br />Exceptions
<br />Waste Management strives to be fully transparent in our proposals and operations as we understand it
<br />can be very difficult when contractors attempt to negotiate new terms after an award is made. Further, we
<br />feel a balanced Contract will not only benefit both parties over the term of the Agreement but also truly
<br />provide the best value for the community as a whole. As such, we have provided the following requested
<br />additions, clarifications, and exceptions for your consideration and welcome the opportunity to further
<br />discuss these items with the City.
<br />Note: in preparing these proposed revisions, it is assumed that all contract and RFP revisions made as
<br />indicated in all released addendums and attachments will be made and will not be repeated here.
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<br />Section 1.24 - CPI
<br />“CPI” means the Consumer Price Index (“CPI”), All Urban Consumers Less Food and Energy – US City
<br />Average (CUUR0000SA0L1E). CUURS49ASA0 CPI-U, All items in Los Angeles-Long Beach-
<br />Anaheim, CA, all urban consumers, not seasonally adjusted.
<br />Rationale: Use of this CPI index, which is specific to this market area, combined with the proposed revisions
<br />of the annual rate adjustment methodology in Section 6.4, would provide that future rate adjustments most
<br />closely reflect actual changes in the cost of providing services.
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<br />Section 1.37 – Food Waste
<br />“Food Waste”, subject to the limitations set forth in 14 CCR Section 18984.1(a)(1)(A), means all food
<br />such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta,
<br />bread, cheese, and eggshells; food soiled paper such as, but not limited to, compostable paper plates,
<br />paper coffee cups, napkins, pizza boxes, and milk cartons, and compostable plastics. Food Waste excludes
<br />fats, oils, and grease when such materials are Source Separated from other Food Waste.
<br />Rationale: Clarifies that compostable plastic may not need to be collected under certain circumstances, as
<br />set forth in the draft SB 1383 regulations.
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<br />Section 1.54 – Recyclable Materials
<br />"Recyclable Materials" means Solid Waste that is Source Separated, or recovered through Mixed Waste
<br />Processing, has some potential economic value, and is set aside, handled, packaged, or offered for
<br />Collection in a manner different from Refuse in order to allow it to be processed for Recycling. City and
<br />Contractor shall consult from time to time as needed to revise the materials that are to be
<br />considered Recyclable Materials, based on, among other things, advances in processing
<br />technology, new uses for materials, or available markets for materials.
<br />Rationale: Recycling technology and markets are dynamic, and it helps both parties to undertake an
<br />ongoing process to identify the materials that are to be collected and diverted.
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<br />Section 2.5.2 – City Option to Extend
<br />City, in its sole discretion, may authorize an extension (“Extension Period”) of up to thirty-six (36) months.
<br />The Extension Period shall be on a month-to-month basis. During the Extension Period, and in addition to
<br />rights of termination set forth elsewhere in this Agreement, this Agreement may be terminated by City at
<br />any time, without cause, if City gives Contractor a 90-day written notice of termination. City may, upon 90-
<br />days’ advance written notice to Contractor prior to expiration of the Term of Agreement as defined in Section
<br />2.4, or prior to the expiration of an extended term by mutual agreement under Section 2.5.1, exercise the
<br />Attachment 6
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