Item 20 - Solid Waste Services Proposers

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RFP No. 20-097 - Collection and Handling of Solid Waste Generated, Produced and/or Accumulated in the City of Santa Ana 23 twenty-four (24) month extension option. If City provides this extension notice, then the Agreement Term will automatically renew on a month-to-month basis, up to a total of twenty-four (24) months, unless earlier terminated pursuant to this Agreement. Rationale: This provision is duplicative and not needed in light of the mutual option to extend in Section 2.5.1 Section 2.9(o) – Limitations to Scope Food Waste or other Organic Materials diverted from Disposal by delivery to hog farms or otherwise used as animal feed, provided that the generator meets all of the conditions set forth in Public Resources Code Section 40059.4(b); Rationale: This revision makes this subsection consistent with AB 3036. Section 4.2.2 – Cart Overage Customers may periodically generate more Solid Waste than will fit in the Refuse Cart(s). Customers may contact Contractor to have extra waste Collected as a Bulky Item pickup under Section 4.2.10. Items left adjacent to Carts on regularly scheduled Collection days that have not been scheduled as a Bulky Item pickup, and that can be handled by the route driver and placed into the Collection vehicle, shall be counted as a Bulky Item pickup as described in Section 4.2.10. Contractor to Collect these items, and leave a provide notice to Customer (via mail, email or notice) or on Customer’s Refuse Cart notifying the Customer of the proper procedures to schedule a Bulky Item pickup. Items left adjacent to Carts that cannot be handled by the route driver or require a special vehicle (such as a flatbed truck) shall be collected as soon as reasonably possible, shall be considered an unscheduled Bulky Item pickup in accordance with Section 4.2.10 and shall be subject to a charge in accordance with the approved rate schedule. Rationale: As was reflected in the last paragraph of Section 4.2.10, unscheduled Bulky Item pickups create additional costs for Contractor to reroute its Bulky item collection vehicle, and as noted there would be subject to an additional charge. Contractor is willing to waive the charge for unscheduled Bulky item collections if the driver is able to handle and place the material into the route collection vehicle. Section 4.6.1, (second paragraph) – Minimum Recycling Requirements In the event that the minimum Diversion requirement is not met and prior to the assessment of liquidated damages or issuance of a notice of default, and, in addition, no sooner than three (3) years after the start of services under this Agreement, and not more often than once every two (2) years thereafter, the Parties agree to meet and confer regarding adjustments to the minimum Diversion rate, based on factors including waste characterization data provided by Contractor, trends in source reduction and reuse, trends in third party Diversion, the availability of permitted Facilities that are capable of processing material to achieve the required levels of Diversion, emerging methods of processing and Recycling/reusing new waste materials, the availability of markets, and the impact of scavenging, and the impact of Section 2.9(o) and AB 3036. City shall consider such information provided by Contractor and other industry data and shall, at its sole discretion reasonable judgment, determine if any adjustments to the minimum Diversion requirements shall be made, and such changes must be approved by the City Council before becoming effective. , and Contractor is not in default if the revised requirement is met. Rationale: Waste Management believes it to be advantageous to both parties to undertake a review prior to, instead of following any imposition of liquidated damages or issuance of a notice of default, as it would help avoid unnecessary dispute. Further, a reasonable judgment standard is also believed to be more Attachment 6 6 - 8