HomeMy WebLinkAboutGREAT WESTERN RECLAMATION - A-1997-073
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SECOND AMENDED AND RESTATED
AGREEMENT FOR COLLECTION AND HANDLING
...¡... 6-?7-C¡Y OF SOLID WASTE GENERATED AND/OR
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THIS SECOND AMENDED AND RESTATED AGREEMENT, made and
entered into this ~day of-J~, 1997 by and between the City of
Santa Ana, a municipal corporation of the State of California,
hereinafter referred to as "CITY," and Great Western Reclamation,
a division of Waste Management Collection and Recycling, Inc., a
California corporation, hereinafter called, "CONTRACTOR,"
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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 well being require that the
collection, transportation, and recycling, diversion by means of
composting, mulching and/or transforming, and disposal of Solid
Waste, including, but not limited to, the frequency and means of
such collection, transportation and recycling, yard waste diversion
or disposal, and the charges and fees therefor, be provided by
contract to a qualified contractor.
3. On June 30, 1993, CITY and CONTRACTOR entered into an
agreement for such Solid Waste collection and handling.
4. Since execution thereof, CITY and CONTRACTOR jointly
concurred that it would be in the best interests 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 and CONTRACTOR entered into an
agreement entitled "Amended and Restated Agreement for Collection
i and Handling of Solid Waste Generated and/or Accumulated in the
City of Santa Ana" (hereinafter referred to as "Amended Agreement")
to effectuate the new curbside service collection program.
6. The parties hereto desire now to amend the Amended
Agreement to clarify the responsibilities associated with the
collection, handling, and processing of Solid Waste collected by
CONTRACTOR in the CITY pursuant to the Amended Agreement.
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7. The City council of the City of Santa Ana, therefore,
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 terms and
conditions set forth in this Second Amended and Restated Agreement
for Collection and Handling of Solid Waste Generated and/or
Accumulated in the City of Santa Ana (hereinafter referred to as
"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 terms and
conditions hereof, the parties hereto do hereby agree as follows:
1.
GRANT OF CONTRACT:
CITY hereby grants to CONTRACTOR, for the term hereinafter set
forth, the contract, right and privilege to collect, recycle,
divert by means of composting, mulching, and/ or transforming,
dispose and transport, to appropriate facilities as set forth in
this Agreement, all Solid Wastes (as herein defined and subject to
the terms herein) generated, produced, kept and/or accumulated in
the City of Santa Ana, and CONTRACTOR, subject to all of the terms
hereof, hereby accepts and agrees to faithfully perform such
contract and obligation.
2.
TERM OF CONTRACT:
(a) The term of this Agreement shall begin upon execution of
this Agreement and shall extend to June 30,2008. In addition, the
term hereof may be extended through an amendment of this Agreement
or execution of a new agreement.
3.
DEFINITIONS:
As used in this Agreement, the following words and phrases
shall have the meaning assigned in this section, unless the context
at the point of usage clearly requires a different meaning.
(1). Aqreement shall mean this Amended and Restated Agreement,
including the exhibits thereto and the documents incorporated
herein by reference.
(2). Auditor shall mean the certified public accountant firm
retained by City for auditing services.
(3). Bin Service shall mean all Solid Waste collection
services provided by CONTRACTOR by means of front-loaded collection
bins of various sizes.
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(4). California Inteqrated Waste Manaqement Act shall mean
that act codified by California Public Resources Code sections
40000 et seq., and any subsequent amendments thereto.
(5). California Inteqrated Waste Manaqement Board shall mean
the Board created by the California Integrated Waste Management
Act, and any subsequent modifications thereto, and shall encompass
any other agency which assumes the duties of this Board.
(6). CITY shall mean the city of Santa Ana.
(7). city Attorney shall mean the City Attorney of CITY.
(8). City Council shall mean the City Council of CITY.
(9). city Manaqer shall mean the City Manager of CITY.
(10). Clerk of the Council shall mean the Clerk of the Council
of CITY.
(11). Code shall mean the Municipal
codified and miscellaneous ordinances.
Code
of
CITY,
both
(12). Commercial/Industrial Bin Service shall mean Bin Service
which is provided by CONTRACTOR to commercial and/or industrial
units.
(13). 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.
(14). Compost means the product resulting from the controlled
biological decomposition of organic wastes that are source
separated from the Solid Waste stream.
(15). Compostinq means a method of waste treatment which
produces a product meeting the definition of "compost" herein.
(16). Compostinq Facility means a state permitted Solid Waste
facility at which composting is conducted and which produces a
product meeting the definition of compost.
(17). 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.
(18). Contract shall mean this Agreement, entered into between
CITY and CONTRACTOR.
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(19). CONTRACTOR shall mean Great Western Reclamation, a
division of Waste Management Collection and Recycling, Inc., a
California corporation, and shall also include the parent company
Waste Management, Inc.
(20). Curbside Service unit shall mean each single family
residence and duplex unit which receives curbside collection
services provided by CONTRACTOR. This shall include commercial
curbside users and any multi-family, business or professional user
which does not require Bin Service as determined by the Executive
Director.
(21). Customer shall mean a user of CONTRACTOR's bin or roll-
off container service.
(22). Disposal site shall mean any licensed landfill site
permitted by the California Integrated Waste Management Board for
the receipt and ultimate disposition of Solid Waste.
(23). Executive Director shall mean the Executive Director of
Public Works of CITY, or his or her designate.
(24). 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.
(25). 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.
(26). Haulinq Charqes 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.
(27). Hazardous Wastes are those wastes which, because of
their physical or chemical characteristics, cannot be disposed of
in a Class III landfill under the applicable laws and regulations
of the State of California.
(28). 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.
(29). Licensed Equipment means the Solid Waste collection and
Recycling vehicles and Solid Waste collection and Recycling plastic
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carts licensed by the CITY to the CONTRACTOR pursuant to section 11
of this Agreement.
(30). Materials Recoverv 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.
(31). 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 the
California Waste Management Board.
(32). 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.
(33). processinq means the reduction, separation, recovery,
conversion or Recycling of Solid Waste.
(34). processinq Charqes shall mean those portions of the
curbside, bin, roll-off container and other rates provided for in
this Agreement which compensate CONTRACTOR for processing Solid
Wastes collected by CONTRACTOR in the CITY and delivered by
CONTRACTOR to a designated Materials Recovery Facility 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 I 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.
(35). 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.
(36). Recyclinq means collecting, sorting, cleansing,
treating, processing and reconstituting Recyclable Solid Wastes for
the purpose of reuse or sale.
(37). 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.
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(38). Residential Solid Waste means Solid Waste originating
from single-family or multiple family dwellings.
(39). 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.
(40). Solid Waste shall mean all Solid Wastes, including, but
not by way of limitation, Recyclable Solid Wastes, whether now
recyclable or not, generated and/or accumulated by all residential,
commercial and industrial sources, and at all construction and
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.
(41). Solid Waste Facilitv shall include a Composting
Facility, Materials Recovery Facility or a transfer station.
(42) Source Reduction and Recyclinq Element shall be the
CITY'S plan for meeting the requirements of CIWMA.
(43). Waste Type means identified wastes having the features
of a group or class of wastes which are distinguishable from any
other Waste Type, as identified by the CITY'S Source Reduction and
Recycling Element.
(44). Yard Waste means any wastes generated from the
maintenance or alteration of public, commercial or residential
landscapes including, but not limited to, leaves, yard clippings,
tree trimming, brush, weeds and prunings.
(45) 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, except for those vehicles and equipment
which the CITY shall license to CONTRACTOR pursuant to section 11
herein, 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 terms of this Agreement.
(b) All Solid Waste collected by CONTRACTOR within the CITY
shall not be commingled in equipment and/or vehicles used by
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CONTRACTOR, whether such equipment and vehicles are owned by or
licensed to CONTRACTOR pursuant to section 11 herein, 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.
5.
COLLECTION HOURS:
(a) All collections from residential areas shall be made
between the hours of 6:00 a.m. and 6:00 p.m. Collections from
commercial and industrial locations greater than 100 feet from
residential units may start at 3:00 a.m. and must terminate by 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 hereof 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.
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.
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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 wi thin 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.
(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 any sums,
consulting fees or other fees in lieu of charging for collection,
or other tangible consideration for collecting, Processing or
transporting such segregated Recyclable Solid Wastes. A person who
simply receives a discount of, or reduction in, the collection and
disposal service rates of its unsegregated Solid Waste shall not be
deemed to be selling or donating Recyclable Solid Wastes for
purposes of this exception.
(d) This Agreement shall not prohibit a gardener, tree trimmer
or person engaged in landscape maintenance who has a business
license to operate in the CITY from collecting yard waste or other
organic Solid Wastes which it generates as an incidental portion of
providing its licensed services. Any yard waste or other organic
Solid Waste collected pursuant to the exception provided by this
subsection must be transported by the gardener, tree trimmer or
person to a composting facility permitted by the California
Integrated Waste Management Board in accordance with all laws and
regulations.
(e) This Agreement shall not prohibit collectors of Solid
Waste originating outside the CITY from hauling such Solid Waste
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over CITY streets, provided
governing laws or ordinances.
such
collectors
comply with
any
(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 permit the public to obtain collection and/or
disposal services from persons other than CONTRACTOR during such
periods, including CONTRACTOR's Bin and/or Roll-Off Service
Customers.
(g). CONTRACTOR shall not have the exclusive right to collect
and dispose of Solid Waste by providing Bin and/or Roll-Off Service
if the conditions stated in section 28(c) are applicable.
10.
SOLID WASTE PROGRAM SURCHARGE:
(a) CONTRACTOR shall pay to the CITY a Solid Waste program
surcharge based upon the Gross Receipts received by CONTRACTOR.
This surcharge is now set at an amount equal to seven and one half
(7 1/2%) percent of said Gross Receipts. This amount may be
increased by resolution of the City Council and, whenever said
surcharge is increased by resolution of the City Council,
CONTRACTOR shall be permitted to pass through to both its Bin
Service and Roll-Off Service Customers one hundred (100%) percent
of the amount of such increase.
(b) Invoices submitted to Customers by CONTRACTOR shall not
reference the aforementioned surcharge. Payments to the CITY of
said Solid Waste surcharges shall be made to the CITY on a monthly
basis and shall be due and payable on or before the last calendar
day of the following month. Accompanying each payment will be a
listing of the Gross Receipts for that corresponding month.
CONTRACTOR shall, whenever requested to do so, make available such
records to the Executive Director at any reasonable time.
(c) Failure of CONTRACTOR to make any of the payments
provided for in section (a) above on or before the dates due will
result in a penalty of ten (10%) percent per month to CONTRACTOR.
11.
AUTOMATED SYSTEM:
(a) LICENSE: The CITY does hereby license to the CONTRACTOR
the Solid Waste collection and Recycling vehicles and Solid waste
collection and Recycling carts listed on Exhibit "A", attached
hereto and incorporated herein by this reference (hereinafter
referred to collectively as "the Licensed Equipment"), for a period
of time coterminous with the term of this Agreement. This license
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of time coterminous with the term of this Agreement. This license
to use the Licensed Equipment shall not be deemed an equipment
lease but, rather, a personal property license to use the Licensed
Equipment pursuant to the specific terms, covenants, obligations
and provisions of this Agreement. CONTRACTOR may not use the
Licensed Equipment for any other purposes or business. This
license is personal to the CONTRACTOR and shall not be assigned.
It is the intent of the parties hereto that the Licensed Equipment
shall be sufficient to permit CONTRACTOR to adequately perform its
performance obligations under this Agreement. If at any time, or
from time to time, the Licensed Equipment is not adequate for
CONTRACTOR to meet such obligations, or, the Solid Waste collection
and Recycling vehicles licensed pursuant to this section need to be
replaced for any reason, including loss, CONTRACTOR shall be
responsible for providing any and all additional or replacement
Solid Waste collection and Recycling vehicles and any and all
additional Solid Waste collection and Recycling carts as may be
necessary for the collection, Recycling and disposal of all solid
Waste for which it is responsible under this Agreement.
(b) FINANCING: The Licensed Equipment being provided to "
CONTRACTOR pursuant to section (a) hereunder is being acquired'
pursuant to that certain "Installment Purchase Contract" ("IPC") l
between the CITY and the California Environmental Finance
Corporation ("CEFC") dated June 1,1996, a copy of which is on file
with the Clerk of the Council and which is incorporated herein by
this reference. CONTRACTOR hereby acknowledges the flow of funds
and priority of revenues set forth in section 3.06 of the IPC,
which is further summarized on pages 12 and 13 of the Official
Statement accompanying the issuance of the tax exempt certificates
of Participation ("C.o.P.s") which have been, or will be, issued by
CEFC to raise the funds necessary for it to purchase the Licensed
Equipment. While not required to do so, CEFC has agreed to acquire
the Licensed Equipment in accordance with the competitive bidding
procedures set forth in section 421 of the CITY'S municipal
charter. The CITY agrees to take all necessary action and execute
all necessary documents to facilitate the issuance of the C.O.P.s
and to approve an excess proceeds certificate authorizing an excess
proceeds prepayment of the C.O.P.s as provided in sections 3.11 and
4.01(b) of that certain "Trust Agreement" by and among the CITY,
CEFC and Harris Trust Company of California, a copy of which is on
file with the Clerk of the Council and which is incorporated herein
by this reference.
(c) MAINTENANCE OF LICENSED EOUIPMENT: CONTRACTOR shall, at
its own expense, maintain and preserve the Licensed Equipment in
good repair and working order at all times and will operate the
Licensed Equipment in an efficient and economical manner and will
pay all maintenance and operation costs of the Licensed Equipment
as they become due and payable. On or before the first day of each
fiscal year, CONTRACTOR will prepare a budget setting forth the
estimated maintenance and operation costs of the Licensed Equipment
for such fiscal year.
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(d) OPERATION OF LICENSED EQUIPMENT: CONTRACTOR shall be
fully responsible to the CITY for the storage, operation,
maintenance and management of the Licensed Equipment. CONTRACTOR
shall distribute the Solid Waste collection and Recycling carts
(one for Recyclable Solid Waste, one for Yard Waste and one for
non-Recyclable Solid Waste) to each Curbside Service Unit
throughout the CITY. CONTRACTOR will utilize the Licensed
Equipment solely to collect, recycle and/or dispose of Solid Waste
generated within the CITY for which it is responsible pursuant to
this Agreement.
(e) FUEL FOR LICENSED EOUIPMENT: Ail fuel required for the
operation of the Licensed Equipment pursuant to this Agreement
shall be purchased by the CONTRACTOR. CONTRACTOR shall be
responsible for the costs of such fuel and all costs associated
therewith.
(f) OPTION TO PURCHASE: At such time as the C.O.P.s used to
finance the Licensed Equipment are paid in full or otherwise
satisfied or demised, the CONTRACTOR shall have a ninety (90) day
option during which it may purchase the Licensed Equipment from the
CITY for the then fair market value thereof. Exercise of this
option shall be made by written notice from the CONTRACTOR to the
Executive Director. CITY and CONTRACTOR shall, within thirty (30)
days after such exercise, each select a licensed appraiser in the
field to determine said fair market value. The appraisers shall
submit their appraisals to both parties within thirty (30) days
after their selection, and the average between their appraised
values shall be deemed to be the fair market value. If CONTRACTOR
desires to purchase the Licensed Equipment, it must tender the full
fair market value to the CITY within forty five (45) days after
both appraisers have delivered their appraisals. If either
appraiser fails to act within the terms of this option or if either
party hereto fails to select an appraiser, the determination of the
sole appraiser shall be binding. The CONTRACTOR shall bear the
expense of both appraisers. The CITY agrees that if CONTRACTOR
elects to exercise this option it will, after tender of the full
purchase consideration, do all things proper and necessary to
transfer full title, free and clear of all liens and encumbrances,
to'the Licensed Equipment to CONTRACTOR or its assignors. Should
CONTRACTOR not exercise this option to purchase the Licensed
Equipment then, at the termination of the license granted herein,
CONTRACTOR shall surrender possession of the Licensed Equipment to
CITY in good order and repair to the satisfaction of CITY, normal
wear and tear excepted.
12. COLLECTION POINTS ~ND 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 oarts provided to the Curbside Service Unit
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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 which does not comply with the
above standards and limitations is not collected by CONTRACTOR,
CONTRACTOR shall leave a notice, the format of which is subject to
the approval of the CITY, indicating the reason for non-collection
at such Curbside Service Unit. said notice shall also contain the
CONTRACTOR's business name and his local telephone number. A copy
of said notice shall be delivered, or sent via telephone facsimile,
to the CITY 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.
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SERVICES IQ BE PROVIDED BY CONTRACTOR TO CITY FOR CITY
OPERATIONS:
13.
(a) CITY SOLID WASTE CONTAINERS: CONTRACTOR shall collect all
Solid Waste placed in CITY owned Solid Waste containers, not
including bus shelter Solid Waste containers, on arterial streets
within the CITY at least one time per week at no cost to the CITY.
Further, it shall be CONTRACTOR's responsibility to collect all
Solid Waste in the area immediately within ten feet of an
identified CITY owned Solid Waste container. The CITY will provide
CONTRACTOR with a list identifying CITY Solid Waste containers.
The list identifying the CITY Solid Waste containers may be
modified from time to time as deemed necessary by the Executive
Director, provided, however, that the total number of CITY
containers from which Solid Waste is to be collected does not
exceed three hundred (300). CONTRACTOR shall coordinate collection
of such Solid Waste with the Executive Director so as to ensure
collection of such Solid Waste at the appropriate times for the
CITY.
(b) CITY GOVERNMENT OPERATIONS: CONTRACTOR shall collect all
Solid Waste which is generated by CITY government operations at no
cost to the CITY. The CITY shall provide CONTRACTOR with a list of
locations of bins and/or roll-off containers from which such Solid
Waste shall be collected. Said list may be modified by time to
time by the Executive Director. Solid Waste generated by such CITY
operations shall be collected by CONTRACTOR per a schedule provided
to CONTRACTOR by the Executive Director which schedule shall be
approved between the CONTRACTOR and the Executive Director.
(c) STREET SWEEPING: The CONTRACTOR will coordinate with the
Executive Director to ensure that Solid Waste collection is
compatible with the CITY'S street sweeping operations. CONTRACTOR
will be required to complete their designated routes each day so as
not to interfere with the CITY'S street sweeping operations.
(d) NEIGHBORHOOD CLEANUPS: CONTRACTOR shall supply roll-off
containers for CITY sponsored neighborhood cleanups at no cost to
the CITY. The number of roll-off containers to be so provided
shall not exceed two hundred and twenty (220) during fiscal year
1996-1997. The number of roll-off containers to be supplied may
increase each year thereafter by ten (10%) per cent, with odd
numbers to be rounded up, up to a maximum total number of three
hundred (300) containers.
(e) DOWNTOWN MAINTENANCE: Whenever mutually agreed upon by
the parties hereto, the CONTRACTOR shall perform downtown
maintenance and clean-up services as requested by the Executive
Director. The services to be provided shall be approved, if at
all, on an annual basis by the Executive Director. The cost for
the requested services for fiscal year 1997-1998 shall be in an
amount not to exceed Ninety Thousand Dollars ($90,000.00). The
cost thereafter for requested services shall be determined based
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upon the scope of services approved by the Executive Director for
said year.
(f) Notwithstanding the above, at any time that the CITY
determines that the number of collections and/or the number of bins
or roll-off containers provided for in sections (a) and (d) are not
adequately meeting the CITY'S needs, then the CITY and CONTRACTOR
agree to meet and confer regarding these provisions, and may, by
mutual agreement, modify the number of collections, bins, and/or
roll-off containers.
14.
COLLECTION. RECYCLING. YARD WASTE DIVERSION AND DISPOSAL
REOUIREMENTS:
(a) 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) The foregoing three (3) Solid Waste collection and
Recycling plastic cart system shall be phased in pursuant to an
implementation plan provided by CONTRACTOR and approved by the
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Executive Director. Said plan shall ensure full implementation
throughout the CITY no later than April 30, 1997 or within six (6)
months after the sale of the C.O.P.s referred to in section 11,
whichever date last occurs.
(b) BIN SERVICE: CONTRACTOR shall implement a Recycling
program as described herein for Bin Service no later than July 1,
1996. 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 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.
(c) 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 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.
(d) 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 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.
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(e) 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 .. 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 hereby
guarantees disposal at its Los Angeles County landfill.
Additionally, CONTRACTOR hereby agrees and guarantees to the CITY
that the CITY will be indemnified for CERCLA liability for any
Solid Waste collected by the CONTRACTOR in the CITY which is
delivered to CONTRACTOR's landfill.
(f) CONTRACTOR will act as the contracting body and
agency with the MRF and Composting Facility with respect to
Agreement and shall be responsible for, and insure that,
facilities act so as to meet the requirements of both
Agreement and CIWMA.
lead
this
both
this
(g) CONTRACTOR hereby agrees and guarantees to the CITY that
CONTRACTOR will do each, every and all things required to ensure
that all Solid Waste generated, produced or accumulated in the CITY
which is collected by CONTRACTOR will at all times be in full
compliance with all of the provisions of the CITY'S SRRE, CIWMA,
and amendments thereto adopted hereafter, and will protect,
indemnify, pay, save, defend, and hold the CITY harmless from any
and all loss,- expense, damage, fines, penalties and liability of
every kind and nature whatsoever by virtue of any non-compliance
with such CITY and statutory requirements, provided, however, that
CONTRACTOR shall not be responsible to the extent Solid Waste is
generated in the CITY and collected or disposed, or both, by other
than CONTRACTOR. Further, CONTRACTOR agrees to protect, defend,
with counsel approved by the CITY, and indemnify CITY against any
and all fines and/or penalties imposed by the California Integrated
Waste Management Board in the event that the diversion quantities
contained in the CITY'S SRRE, or any other requirement of CIWMA,
are not met.
15.
SYSTEM SAVINGS:
(a) SAVINGS PAYABLE TO CITY: In addition to the surcharge
paid pursuant to section 10 herein, CONTRACTOR has also agreed to
pay to the CITY One Million Three Hundred Fifty One Thousand Five
Hundred Dollars ($1,351,500.00) in system savings each year during
the term of this Agreement. Such savings shall be deducted in
monthly installments of One Hundred Twelve Thousand six Hundred and
Twenty Five Dollars ($112,625.00) each from payments made to
CONTRACTOR for curbside service pursuant to Section 22 herein. The
estimated savings upon which this guaranteed payment is based are
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set forth in further detail on Exhibit "B" attached hereto and
incorporated herein by this reference.
(b) POSSIBLE ADDITIONAL SAVINGS: The parties hereto have
agreed that any additional savings (beyond those illustrated on
said attached Exhibit "B") which may result from changes in the
diversion percentages referred to in section 14(b) above shall be
split evenly between the CITY and the CONTRACTOR. Such savings
shall be the dollar amount equal to the difference in the
CONTRACTOR's per ton cost for Processing and disposal of Bin
Service at a MRF and the per ton cost of disposal at a Disposal
site multiplied by the number of additional tons taken directly to
a Disposal site. Any such additional savings shall be computed on
a monthly basis and such amounts shall be paid to the CITY by
CONTRACTOR on or before the last calendar day of each subsequent
month.
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 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
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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. 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.
This list may be reasonably modified from time to time as
deemed necessary and appropriate by the Executive Director. The
CONTRACTOR shall be required to work with the Executive Director in
the preparation and production of the services listed and to
proceed in the rendering of such services as the CITY 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 manner 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
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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 capàcity 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 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 twenty five ($25.00) dollars.
(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.
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(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 twenty five ($25.00) 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 borne 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 per pick-up request. Such collection services
shall provide the opportunity of having large objects, and other
Solid Waste which is not required to be picked up pursuant to this
Agreement, picked up and processed properly. Requests by Curbside
Service units for such collections shall be made directly to the
CONTRACTOR who shall provide satisfactory telephone message
receiving, transmitting and response procedures and who shall be
responsible for maintaining a log of such large item collections.
At demand pick ups shall be responded to by CONTRACTOR within a
reasonable time but no more than five (5) working days after such
a request is received. Requests for more than two (2) at-demand
collections per year shall cost thirty ($30.00) dollars per
collection and shall be billed to the Curbside Service Unit
requesting the additional collection by the CONTRACTOR.
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(b) CONTRACTOR shall provide assistance of removal of bulky
items on private property to senior citizens and the disabled at no
cost.
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.
(c) Payments to be made to the CONTRACTOR shall be reduced
each month by an amount equal to the total monthly payment on the
C.O.P.s. A monthly payment schedule of the maximum amount of
monthly payments on the C.O.P.s will be attached as Exhibit "D"
once they are issued. The payments to be made to CONTRACTOR shall
not be reduced to the extent of any credits against installment
payments received by the CITY pursuant to section 4.01 of the IPC.
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. Such rates shall include a one
(1%) percent charge based on Gross Receipts which shall be paid to
the CITY by CONTRACTOR on a monthly basis and which shall be due
and payable on or before the last calendar day of each month for
the previous month. Said charge shall be used to offset a rate
reduction approved by the CITY for senior citizen and mobile home
park Curbside Service Units. CONTRACTOR shall be permitted to pass
through to its Residential Bin Service Customers one hundred (100%)
percent of the amount of such charge.
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24.
COMMERCIAL/INDUSTRIAL BIN SERVICE RATES:
(a) The CONTRACTOR shall receive compensation for supplying
Bin Service to commercial/industrial bin users by direct billing of
the Customers receiving such service by means of separate
agreements entered into between the CONTRACTOR and each such Bin
Service Customer. A copy of every such agreement shall be made
available to the Executive Director by CONTRACTOR.
(b) Rates for Commercial/Industrial Bin Service, including
Gate Fees, Hauling Charges, Processing charges and any Recycling
and Yard Waste Diversion, shall be established by the CONTRACTOR
and shall not exceed those set forth on Exhibit "C" attached
hereto. Such rates shall include a one (1%) percent charge based
on Gross Receipts which shall be paid to the CITY by CONTRACTOR on
a monthly basis and which shall be due and payable on or before the
last calendar day of each month for the previous month. Said
charge shall be used to offset a rate reduction approved by the
CITY for senior citizen and mobile home park Curbside Service
units. CONTRACTOR shall be permitted to pass through to its
Commercial/Industrial Bin Service Customers one hundred (100%)
percent of the amount of such charge.
25.
ROLL-OFF SERVICE RATES:
(a) The CONTRACTOR shall receive compensation for supplying
Roll-Off Service by direct billing of the Customers receiving such
service by means of separate agreements entered into between the
CONTRACTOR and each such Customer. A copy of every such agreement
shall be 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
on Exhibit "C" attached hereto. Such rates shall include a one
(1%) percent charge based on Gross Receipts which shall be paid to
the CITY by CONTRACTOR on a monthly basis and which shall be due
and payable on or before the last calendar day of each month for
the previous month. Said charge shall be used to offset a rate
reduction approved by the CITY for senior citizen and mobile home
park Curbside Service units. CONTRACTOR shall be permitted to pass
through to its Roll-Off Service Customers one hundred (100%)
percent of the amount of such charge.
26.
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.
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27.
ADJUSTMENTS TO CHARGES:
(a)
HAULING AND PROCESSING CHARGES:
(1) PRICE INDICES: The two indices which will be used
for determining adjustments to Hauling and Processing Charges shall
be the December Consumer Price Index ("CPI") for All Urban
Consumers (base years 1982-1984 = 100) for Los Angeles-Anaheim-
Riverside CMSA, published by the united States Department of Labor,
Bureau of Labor statistics and the December Producer Price Index
("PPI"), Diesel Fuel #2 (#057303). When both indices are to be
used to determine an adjustment to the Hauling and Processing
Charges, then the adjustment formula shall be as follows: the CPI
shall be weighted at ninety (90%) percent and the PPI shall be
weighted at ten (10%) percent.
(2) CURBSIDE SERVICE: The Hauling Charges and Processing
Charges for curbside service shall be adjusted annually, if at all,
beginning on July 1, 1997. At such time the Hauling and Processing
Charges shall only be adjusted if the CPI increase exceeds four
(4%) percent. Should the CPI increase fall between four (4%) and
seven (7%) percent, then the CONTRACTOR shall be permitted to
increase its rates upwards to the extent that such increase does
not include the first four (4%) percent, Le., should the CPI
increase be four and one half (4 1/2%) percent, then CONTRACTOR
shall be permitted to increase it's rates upwards by one-half
(1/2%) percent and should the CPI increase be five (5%) percent,
CONTRACTOR shall be permitted to increase its rates upwards by one
(1%) percent. Should the CPI increase be determined to be seven
(7%) percent or above, the CONTRACTOR shall be permitted to adjust
its rates upward a maximum of three (3%) percent. Said limitations
on upward adjustments shall only be in effect until June 30, 2001.
From July 1, 2001 until the termination of this Agreement, the
Hauling Charge and Processing Charge for curbside service shall be
adjusted at seventy five (75%) percent of the CPI with a seven (7%)
percent maximum adjustment per year.
(3) BIN SERVICE. ROLL-OFF SERVICE AND SPECIAL BIN
SERVICES: From July 1, 1997 until the termination of this
Agreement, the Hauling and Processing Charges for Bin Service,
Roll-Off Service and Special Bin Services shall be adjusted in
accordance with the CPI and PPI adjustment formula set forth in
subsection (a) (1) above. Adjustments to the Hauling and Processing
Charges for Bin Service, Roll-Off Service and Special Bin Services
shall be calculated at seventy five (75%) percent of the combined
CPI and PPI adjustment with a seven (7%) percent maximum 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 both
its Bin service Customers and its Roll-Off Service Customers and
CITY shall pass through to its curbside service users one hundred
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(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 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. Should a change in the Gate Fees become
effective between July 1, 1996 and January 1, 1998, the parties
agree to utilize a percentage of sixty (60%) percent of the total
curbside waste stream as the basis for an increase or decrease in
the Disposal site rate.
(c) SOLID WASTE PROGRAM SURCHARGE: 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 both its Bin service and its Roll-Off
Service Customers the corresponding increase or decrease incurred
by CONTRACTOR for the Solid Waste program surcharge which
CONTRACTOR is required to pay pursuant to sections 10, 23(b) and
24(b) herein.
28.
SPECIAL BIN SERVICES AND CUSTOMER SERVICE REOUIREMENTS:
(a) The CONTRACTOR may enter into agreements with Bin Service
Customers for special collection services different from, in
addition to, or greater than the minimum collection services
required by this Agreement. The 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.
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29.
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; provided,
however, that this requirement may be waived by the Executive
Director. The CONTRACTOR shall provide bin containers of such
capacity and collections of such frequency for residential
buildings required to have Bin Service by this section as to
provide for Solid Waste collection of not less than one-half (1/2)
of one (1) yard of Solid Waste collection per dwelling unit per
week. In all cases, collections shall be made at least once per
week. CONTRACTOR shall comply with any request by the Executive
Director to change the scheduled collection days for Residential
Bin Service Customers which is designed to promote conformity of
Bin Service collections in any specified area of the CITY to
improve sanitation or reduce noise.
(b) In the event that Solid Waste being disposed of at a
Residential Bin Service building exceeds the bin capacity for such
building, CONTRACTOR shall notify the Executive Director who shall
cause an inspection to be made of the premises. If the Executive
Director determines that there is insufficient bin capacity at said
location, he shall cause written notification to be given to the
property owner and/or person in possession of the property. Said
notification shall contain the date of the reported overflow of
Solid Waste from the bins. The notice shall also inform the
property owner and/or person in possession of the property that
should another incident of overcapacity occur within thirty (30)
days following the date of the original incident, the property
owner and/or person in possession of the property will be required
to increase the number of bins, the size of the bin, or the
frequency of collections, up to the equivalent of two (2) cubic
yards per dwelling unit per week. In the event that this should
occur, the Executive Director shall determine whether to increase
the number of bins or the frequency of collections and CONTRACTOR
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.
30.
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
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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.
31.
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 a. m. to noon on Saturdays. CONTRACTOR's off ices
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 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.
32.
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.
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33.
TITLE TO SOLID WASTE:
Title to all Solid Waste collected pursuant to this Agreement
shall be vested in CONTRACTOR upon being placed at the curb for
collection or placed in a bin or roll-off container for collection.
CONTRACTOR expressly hereby reserves and is granted the right to
retain, dispose of and otherwise use such Solid Waste, or any part
thereof, in any fashion and for any lawful purpose desired by
CONTRACTOR and to retain any benefit or profit resulting therefrom
provided, however, that CONTRACTOR first complies with this
Agreement, the CITY'S SRRE and CIWMA.
34.
FAILURE TO COLLECT:
(a) Should the CONTRACTOR fail to collect and recycle, divert
by means of composting, mulching and/or transforming or dispose of
Solid Waste in accordance with this Agreement and the collection
schedules then in effect pursuant to Section 8, the CITY, after
prior written notice of not less than forty eight (48) hours to the
CONTRACTOR, may collect, recycle, divert and/or dispose of all or
any part of such Solid Waste, or initiate services to cause or
promote its collection, Recycling, Yard Waste Diversion and/or
disposal, using CITY employees and/or independent contractors, and
the CONTRACTOR shall be liable for all reasonable expenses thereby
incurred by the CITY.
(b) The CITY may give such notice for any specified
individual omission by CONTRACTOR in which event CONTRACTOR shall
be allowed a reasonable time of not less than forty eight (48)
hours to remedy such omission. In the event of substantial
nonperformance by CONTRACTOR for any reason, including a strike of
CONTRACTOR's employees, the notice shall continue in effect with
respect to Solid Waste originating thereafter as long as the
omission continues. In addition to any other lawful means of
effecting reimbursement from the CONTRACTOR, such expenses may be
deducted by the CITY from money due or which may become due the
CONTRACTOR. In addition, CITY shall be permitted to take control
and possession of the Licensed Equipment it owns pursuant to
section 11 herein and shall be allowed to use, without charge, any
of CONTRACTOR's other 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.
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35.
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.
(e) Based on the evidence presented at the public hearing,
the City Council shall determine by Resolution whether this
Agreement should be terminated. If, based upon the record, the
city Council determines that the performance of CONTRACTOR is in
breach of any material term of this Agreement or any material
provision of any applicable Federal, State, or local statute or
regulation, the City Council, in the exercise of its sole
discretion, may terminate forthwith the Agreement. The decision of
the City Council shall be final and conclusive. CONTRACTOR's
performance under the Agreement is not excused during the period of
time prior to the City Council's final determination as to whether
such performance is deficient.
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(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 terms, conditions, or requirements of this
Agreement, CIWMA, as it may be amended from time to time, or any
order, directive, rule, or regulation issued thereunder and which
is not corrected or remedied within the time set in the written
notice of the violation.
(g) In addition to the remedies set forth herein, the CITY
shall have the right to obtain damages and/or injunctive relief.
Both parties recognize and agree that in the event of a breach
under the terms of this Agreement by CONTRACTOR, the CITY may
suffer irreparable injury and incalculable damages sufficient to
support injunctive relief, to enforce the provisions of this
Agreement and to enjoin the breach thereof.
(h) If CONTRACTOR claims default by the CITY in the payment
of any money due or alleged to be due to CONTRACTOR pursuant to
this Agreement, CONTRACTOR shall not be entitled to cancel this
Agreement if the CITY, wi thin seven (7) days after receipt of
notice of the claimed default, deposits the amount in controversy
into an interest bearing account in a commercial bank or lending
institution and maintains such deposit until such time as a final
judicial decision or agreement between the parties determines the
rightful disposition of the said amount in controversy; provided
that CONTRACTOR shall be deemed to have waived all claims to the
said amount if no agreement is reached nor any legal proceeding
initiated within ninety (90) days of the CONTRACTOR's service of
written notice of default on the CITY.
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36.
LIOUIDATED DAMAGES:
(a) The CITY finds, and the CONTRACTOR agrees, that as of the
time of the execution of this Agreement it is impractical, if not
impossible, to reasonably ascertain the extent of damages which
shall be incurred by the CITY as a result of a breach by CONTRACTOR
of its obligations under this Agreement. The factors relating to
the impracticability of ascertaining damages include, but are not
limited to, the fact that: (i) substantial damage results to
members of the public who are denied Solid Waste collection
services or denied quality or reliable collection service; (ii)
such breaches cause inconvenience, anxiety, frustration, and
deprivation of the benefits of this Agreement to 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.
37.
USE BY CITY OF CONTRACTOR'S EOUIPMENT:
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 take possession and control of
all vehicles and equipment which it has licensed to CONTRACTOR
pursuant to section 11 herein and CITY shall also have the
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exclusive right to rent òr lease and operate any or all trucks,
trailers, tractors and other items of equipment used by CONTRACTOR
in the performance of the work specified in this Agreement.
Further, the City shall have access to the MRF and composting
facilities used by the CONTRACTOR for the Processing, Recycling and
Yard Waste Diversion of Solid Waste produced or accumulated within
the CITY. The right of the CITY to enter upon and use facilities
and equipment as specified herein shall extend following the date
of cancellation of this Agreement for a period of ninety (90)
consecutive calendar days. The rental prices to be paid the
CONTRACTOR under this section shall be such to adequately reflect
the most current rental prices prevailing in the County of orange
at the date of termination.
Any moneys due the CONTRACTOR for rental of the equipment
under the provisions of this section may be withheld by the CITY
and used by it for the purpose of paying any outstanding liens or
payments due and unpaid upon the said equipment.
38.
COMPLAINTS:
ta) The CITY shall record all complaints and communications
received by the CITY from persons and businesses being served under
the provisions of this Agreement and all other incidents of failure
to perform in accordance with this Agreement noted by the CITY.
The CONTRACTOR shall be responsible to resolve such complaints
within two (2) business days of receipt thereof. CONTRACTOR shall
likewise record all complaints received by CONTRACTOR in a daily
log which shall include the complaint, the communication, the date,
time, complainant's name and address if provided, and the nature,
date and manner of resolution of the complaint. A copy of said log
shall be delivered to the Executive Director on a quarterly basis;
however, the Executive Director reserves the right to require the
CONTRACTOR to deliver, or send via telephone facsimile, such
records to the Executive Director within twenty four (24) hours of
receipt thereof.
(b) The failure of the CONTRACTOR to pick up Solid Waste
which has been set out in the proper manner shall be considered a
missed pick-up, and the CONTRACTOR shall collect the material from
the service recipient within twenty-four (24) hours of the
CONTRACTOR's receipt of notification of the missed pick-up. If the
CONTRACTOR is notified of a missed pick-up by 9:00 a.m. the
following business day, the missed pick-up will be collected that
same day. The CONTRACTOR shall maintain a written record of all
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.
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39.
COMPENSATION REDUCTION DURING STRIKE PERIOD:
In the event that there occurs any period in which CONTRACTOR
fails to maintain substantially complete regular" collection
services pursuant to this Agreement and the collection schedules
then in effect, by reason of a strike or CONTRACTOR's failure to
pay his employees, and only if such period includes more than ten
(10) normal collection days (weekdays), then the following shall
apply.
(a) The City Council may assess damages against the
CONTRACTOR in an amount which does not exceed the sum of the
following:
(1) The expenses incurred by the CITY in providing
collection, Recycling, Yard Waste Diversion and/or disposal
services pursuant to section 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. In
the event CONTRACTOR objects to such assessment or set-off, it
shall nevertheless maintain full performance under this Agreement,
reserving all rights to subsequently litigate the propriety or
amount of the damages assessed.
(d) Refunds or reduction of payments of CONTRACTOR's
Customers shall be the sole responsibility of CONTRACTOR.
CONTRACTOR covenants for the benefit of each such Customer to grant
a reasonable and fair refund or reduction or compensatory service;
provided, however, that the CONTRACTOR may condition such refunds
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
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CITY for a proportionate amount of the Customers' payments due to
the CONTRACTOR.
40.
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 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.
41.
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 Policy: CONTRACTOR shall maintain
in full force and effect during the term of this Agreement, a
workers' compensation policy in accordance with the provisions and
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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 ($10,000,000.00) of Environmental 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 damage which may arise from operations
performed pursuant to this Agreement, whether such operations be by
CONTRACTOR itself, or by its agents, employees, and/ or
subcontractors. 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 Recyclinq 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
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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 any person or
persons, including property and employees or agents of CITY and
shall defend, indemnify and save harmless CITY, its officers and
employees, from any and all claims, demands, suits, actions or
proceeding of any kind or nature, including, but not by way of
limitation, workers' compensation claims, of or by anyone
whomsoever, directly or indirectly caused by, or arising out of a
breach of a requirement of this Agreement by the CONTRACTOR or any
negligent or willful act or omission of CONTRACTOR or any negligent
or willful act or omission of the CONTRACTOR its employees or
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.
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(h) Enforcement of Scope of Services: CONTRACTOR shåll
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.
42.
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.
43.
ACCOUNTING AND AUDITING:
(a) The CONTRACTOR shall maintain financial records
accordance with generally accepted accounting principles.
in
(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.
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44.
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.
45.
MEDIA RELATIONS:
The CONTRACTOR shall notify the CITY by facsimile of all
requests for news media interviews related to the CITY'S Solid
Waste collection program within twenty-four (24) hours. Before
responding to any inquiries involving controversial issues,
CONTRACTOR will discuss the proposed response with the CITY;
Copies of draft news releases or proposed trade journal articles
shall be submitted to CITY for prior review and approval at least
two (2) working days in advance of release. Copies of articles
resulting from media interviews or news releases shall be provided
to the CITY within five (5) days after publication.
46.
NOTICES:
Any notice required by this Agreement shall be sufficiently
served if personally delivered or if deposited into the U.S. Mail,
postage prepaid, and if addressed as follows:
If served by CONTRACTOR upon CITY:
Executive Director of Public Works
Public Works Agency
city of Santa Ana
101 W. Fourth st., 4th Floor
Santa Ana, California 92701
If served by CITY upon CONTRACTOR:
with a courtesy copy to:
Division President
Great Western Reclamation
1800 South Grand
Santa Ana, California 92705
West Group General Counsel
Waste Management, Inc.
18500 Von Karman Avenue
suite 900
Irvine, CA 92715
47.
GENDER AND NUMBER:
As used herein, the masculine gender shall include the
feminine and neuter, and the singular shall include the plural.
37
.
.
48.
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.
49.
ASSIGNABILITY:
CONTRACTOR may not assign or transfer any rights, interests or
duties or obligations of performance under this Agreement, whether
by assignment or novation, without the prior written consent of the
CITY; provided, however, that claims for money due or to become due
to the CITY under this Agreement may be assigned to a bank, trust
company or other financial institution, or to a trustee in
bankruptcy, without such approval. This section shall not prohibit
the assignment, merger or transfer of any rights or interests
herein to any other wholly owned subsidiary of Waste Management,
Inc. Notice of any assignment, merger or transfer shall be
furnished to the CITY in writing within seven (7) calendar days of
such assignment, merger or transfer.
50.
GOVERNING LAW:
This Agreement shall be governed by and construed
accordance with the laws of the state of California.
in
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year first hereinabove written.
/ . Aj)proved as ÙI"et)ntent
(,~~.~
/ /
City Manapr
APPROVED AS TO FORM:
~~M~~
City Attorney
By:
38
.
EXHIBIT "A"
The Licensed Equipment
DESCRIPTION
Volvo FE42T, Class 7 Tractor
Heil Rapid Rail 32 Cubic Yard Trailer with
Automated Lifting Arm and Packer
Volvo WX64 Chassis
Heil Half-Pak Front Loading Body
Residential Wheeled Carts Per the Attached
Specifications
.
OUANTITY
23
23
2
2
120,000
.
.
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
1.
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
~ inch (protecting the floor from abrasive contact with the
street surface).
2.
Material: Recyclable polyethylene,
rating of HB or better.
U.L.
approved with a
Average Wall Thickness:
Size A:
Size B:
Size C:
Not less than .140 inch
Not less than .160 inch
Not less than .165 inch
Carts shall be suitable for use in temperature of >120° F to
-20°F. 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.
Independent laboratory tests of the carts bid must accompany
bid samples certifying compliance as specified in part 2 of
the detailed specifications.
3.
4.
.
.
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:
Size B:
size C:
8 inches
10 inches
12 inches
Axles: Axles shall be solid steel and electro-plated with
black zinc for durability &nd long life. Carts shculd 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:
Size B:
size c:
5/8 inch
6/8 inch
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.
5.
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.
6.
Certification by a certified independent laboratory shall be
required of the following minimum standards and quality
assurance measurements:
7.
Drop Impact Test - material and weight shal~ 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:
7.1
size A:
Size B:
Size C:
120 lbs. distributed
160 lbs. distributed
180 lbs. distributed
7.2
7.3
7.4
.
.
Lift and Dump Test shall verify the cart's
compatibility with approved, commercially available,
standard dumping equipment. Test shall be performed at
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:
Size B:
Size c:
160 lbs. distributed
250 lbs. distributed
350 lbs. distributed
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:
Size B:
size C:
125 lbs. distributed
200 lbs. distributed
350 lbs. distributed
Salt Spray - ASTM Bl17-90 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.
Serial Number/Manufacture Date: Each cart shall be hot
stamped with a seven digit, 1-~" high alpha/numeric
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.
8.
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.
size B:
size C:
.
.
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.
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.
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:
Size B:
size C:
2~" x 14"
3~" x 18"
4~" x 19"
9.3
The CITY'S logo shall be hot stamped on both sides of the
carts.
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.
10.
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.
EXHIBIT "B"
Systems savings Components
The annual guaranteed payment of One Million Three Hundred
Fifty-One Thousand Five Hundred Dollars ($1,351,500.00) from
CONTRACTOR to CITY set forth in Section 15 of this Agreement is
based upon the following components:
1. Curbside Service Net Savings of Sixty-Four Thousand, Five
Hundred Seventy-Five Dollars ($64,575.00) per month, which were
determined by estimating total service savings of One Hundred
Sixty-Four Thousand, Five hundred and Fifty Dollars ($164,550.00)
per month, less Ninety-Nine Thousand, Nine Hundred and Seventy-Five
Dollars ($99,975.00) per month debt service on the Certificates of
Participation ("C.O.P.s").
2. Bin Service Savings of Forty-One Thousand, Eight Hundred
Dollars ($41,800.00) per month.
3. Vehicle Licensing Savings of Six Thousand, Two Hundred
and Fifty Dollars ($6,250.00) per month.
.
.
EXHIBIT "c"
Rates
Effective July 1, 1997
1.
CURBSIDE SERVICE
subject to the provisions of this Agreement, the city shall
collect the rate of $13.39 on behalf of the Contractor for
curbside service. This rate represents the CONTRACTOR's rate
of $11.13 and the City's administrative cost of $2.26 per
curbside service unit. The City shall collect the rate of
$11.64 on behalf of the CONTRACTOR for all qualifying senior
citizen and mobile park curbside service units. This rate
represents the CONTRACTOR's rate of $11.13 and the City's
administrative cost of $0.51 per curbside service unit. The
City shall be permitted to retain its administrative costs.
Rates for each additional solid waste collection and recycling
plastic cart shall be no greater than $2.00 per month.
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:
Monthlv Rate
1 YARD BIN X l/WEEK $53.86
1 YARD BIN X 2/WEEK $97.10
1 YARD BIN X 3/WEEK $140.29
1 YARD BIN X 4/WEEK $183.53
1 YARD BIN X 5/WEEK $226.74
1 YARD BIN X 6/WEEK $280.64
2 YARD BIN X l/WEEK $59.83
2 YARD BIN X 2/WEEK $109.02
2 YARD BIN X 3/WEEK $158.21
2 YARD BIN X 4/WEEK $207.38
2 YARD BIN X 5/WEEK $256.56
2 YARD BIN X 6/WEEK $305.75
3 YARD BIN X l/WEEK $87.07
3 YARD BIN X 2/WEEK $152.87
3 YARD BIN X 3/WEEK $218.64
3 YARD BIN X 4/WEEK $284.47
3 YARD BIN X 5/WEEK $350.26
3 YARD BIN X 6/WEEK $442.68
4 YARD BIN X l/WEEK $103.70
4 YARD BIN X 2/WEEK $180.77
4 YARD BIN X 3/WEEK $257.85
4 YARD BIN X 4/WEEK $334.94
4 YARD BIN X 5/WEEK $412.02
4 YARD BIN X 6/WEEK $526.32
CONTRACTOR may offer a discount in the Residential Bin rates
to a Residential Bin Service Customer if said Customer
regularly segregates Recyclable Solid Waste and/or Yard Waste
by Waste Type in separate bins.
COHMERC~AL/~NDUSTR~AL
Subject to the provisions of this Agreement, the CONTRACTOR
may charge no more than the following rates for
Commercial/Industrial Bin Service:
Monthly Rate
1 YARD BIN X 1/WEEK $43.18
1 YARD BIN X 2/WEEK $75.70
1 YARD BIN X 3/WEEK $108.24
1 YARD BIN X 4/WEEK $140.78
1 YARD BIN X 5/WEEK $173.31
1 YARD BIN X 6/WEEK $216.49
2 YARD BIN X i/WEEK $49
2 YARD BIN X 2/WEEK $87
2 YARD BIN X 3/WEEK $126
2 YARD BIN X 4/WEEK $164
2 YARD BIN X 5/WEEK $202
2 YARD BIN X 6/WEEK $257
09
54
0O
43
88
30
3 YARD BIN X 1/WEEK $70.98
3 YARD BIN X 2/WEEK $131.32
3 YARD BIN X 3/WEEK $191.66
3 YARD BIN X 4/WEEK $251.99
3 YARD BIN X 5/WEEK $312.32
3 YARD BIN X 6/WEEK $399.24
4 YARD BIN X 1/WEEK $92
4 YARD BIN X 2/WEEK $169
4 YARD BIN X 3/WEEK $249
4 YARD BIN X 4/WEEK $323
4 YARD BIN X 5/WEEK $400
4 YARD BIN X 6/WEEK $514
88
76
66
56
48
63
CONTRACTOR may offer a discount in the commercial/industrial
bin rates to a Commercial/Industrial Bin Service Customer if
said Customer regularly segregates Recyclable Solid Waste
and/or Yard Waste by Waste Type in separate bins.
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:
Container Size Haul Rate
10 Cubic yard
20 Cubic yard
40 Cubic yard
Additional Fee for Compactor
$134.79 $28.08
$134.79 $28.08
$134.79 $28.08
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: $1.00 per month
times the number of times emptied each week.
(2)
Moving of bins 51 to 75 feet: $2.00 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 $2.50 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 $2.00 a month times the number of times a week a bin
is emptied for moving a bin out of an enclosure.
CONTRACTOR may charge a fee of no more than $41.99 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 $2.00 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 $48.80 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.
.
.
.
6.
EMERGENCY SERVICES
(A)
(B)
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.
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.
.
.
WASTE MANAGEMENT OF NORTH AMERICA, INC.
GUARANTEE
Name of underlyinq Contract: Second Amended and Restated Aqreement
for Collection and Handlinq of Solid Waste
Generated and/or Accumulated in the City of
Santa Ana
Date of Underlyinq Contract:
June -' 1997
Beneficiary:
CITY OF SANTA ANA, a municipal corporation of the
State of California
Address:
20 civic Center Plaza, Santa Ana, CA
92701
WMNA contractinq Company: GREAT WESTERN RECLAMATION, a division of
Waste Management Collection and Recyc1inq, 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 WMNA 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 of North America, Inc., an
Illinois corporation (hereinafter "WMNA"), 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 WMNA at its address set forth below (or to such
other address or person as WMNA may specify in writing), WMNA
agrees to perform or cause to be performed and to payor cause to
be paid such amounts.
Notwi thstanding the foregoing, WMNA' 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 WMNA 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 under the
Agreement.
.
.
WMNA 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.
Except as set forth above, WMNA 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 WMNA or
otherwise, WMNA's obligations hereunder with respect to such
payment shall be reinstated upon such restoration or return being
made by the Beneficiary.
WMNA 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 WMNA shall be subrogated to rights of
the Beneficiary against the Contractor in respect of any amounts
paid by WMNA pursuant to the Guarantee.
WMNA acknowledges that the Contractor is a direct or indirect
subsidiary of WMNA and that WMNA 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 WMNA and the Beneficiary.
No amendment shall be effective unless set forth in a written
instrument so executed.
If WMNA shall default in the performance of its obligations
hereunder, WMNA shall pay to the Beneficiary all costs incurred by
the Beneficiary in enforcing its rights hereunder against WMNA,
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 WMNA at 3003 Butterfield Road,
Oak Brook, Illinois 60521, Attention: General Counsel, or to such
other address as WMNA shall specify in writing to the Beneficiary
at its above-specified address or such other address as the
Beneficiary shall notify to WMNA as provided herein.
This Guarantee shall be governed by and construed in
accordance with the internal laws of the state of Illinois
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.
By:
NORTH
Its:
Its:
Approved as to content
(~)~~
?'
C"1ty Manager
02/20/2004
17: 52
P.2/3
Dalo~ (MMlDDIYY)
212012004
HIS OERTIFICA-n; IS ISSUED /',S A MATTEI! Of I IIFOI!MAT1O II
lY AND CONFSI!S IIO RIGHTS UPON THi" c ; tT1FICATE
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lTER THE COVERAGE AFFORDED BY THE POliCIES BELOW.
U R8 DING CO RAGE
AOE AmerICan Insurance CQrnpeny
Indemnity InOUrllllCe CQmpany of Nor1l1 Amel1cø
\I"tlonol Union Fire t...ro- Canlpany of PjItsþ~r9Þ, PA
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APPROVE S 'TO IURM
ichaci Vigliotta . ~ -
Deputy City .~",.",T~~
02/20/2004 17: 52
17145585525
WMOC
-. FEE.iS.201121
5:37PM _TON COMPANIESD .
81TIONAl INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIASII.ITY POLICY
NO. 593
PAGE 03/Ø3
P.3/3
Insurance Company ACE AMBRICAN INSURANCE COM» ANY
This endorsement modif'les su~h in$Urance a' is afforded by the provisions of Policy # HQO G216930S~ reI$ng to !he
following;
.1, The City of Santa Ana, 2Ú Civic Center Plaza, Sanbl Ana, California 92701; itS officers, employees, agento, volunteers
and represcnta1Ïvcs 8fC named II addltJoølll iøsurecls ("~ltJonai insureds") wllh regord to liability and defcnac of BUllS arising
from the operatìons and uses pcrfOJU1ed by or on !leba/tofthe oamed ios1¡red.
"2. With respect to claims IQ'ÎsjI1ß out of the opcmions 8114 u¡¡e, performed by or on behalf of the named insured, web
insurance as is afforded by this policy is primary and is not 84ditionalto r1t contributing willi any other insurance ß81TÍed by Or
for tbe bcuefu ofthc additional insureds.
3. This i!1sutanae applie8 separately to tech insured !\galnst whom claim is made or suit is brought except with respect to
the company, lirom of liability. The inclusion of any pem¡n or organi21ltion as an insured shall not affect any right which tuch
person or orgoni~tíon woul<l bave 11$ a claimon! if not so inc;lu4ecl.
4. With respect to the addltJonai insureds. thi, u"",ance shall not bo canceUed, or materially reduced in colrarage or !iJnilS
except after thirty (30) daya written noti"" has been given to the City of Santa Ana, 20 Civic Center :Plaza.. Santa Ana. California
92701.
(Completion of the foUowing, includinG countersignaN'c, I, required to make this endorsement effective.)
lòffective 01101104 ,III\' endorsement form as apart of Policy # HDO G21693054
IlISlIed to WASTE MANAGEMENT OF ORA-NGE COUN'IY
Named Insured
Countersi¡¡ned by ciR - ,+ ¿ 1((
Authorized Represeptativ;'-=- 0
'v.1t-,an~to 1ho CX1..~rcqoimd bywritton 00'..0<:1,
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_MAY 5 2006_
4'28PM
~
NO 588 P 2
-lOa: (MMlODlYY)
I 51512006 .
tnlS cetTlFlCATE IS ISSUED M A IlATT@1I< OF INFORMATION
MY AND CON1'EIUi NO RIGHTS UPON THE CERTIFICATE
HOlDER. THIS CERTIFICATE DOES HOT AMEND. I:XTENO OR
~~~~~M~~~ro~~~~
INSUReRS COVERAGe
Insurer A: !ACE AlMIlcen 1_ Compsny
Insurer B: Ilndenrir - CDm98nv DfNottll Arnertca
Insurer c: I UI1tOIl Fin! 1_ Company of Pi!lsOurgh,PA
_._----~-
Insurer D: jAli"dWorIdAssuranceCompany, Ltd.
Insurer E: I
CERTIFICATE OF INSURANCE
I'IlODUCER
~ CcmponIeool_
~ $., Felipe, _lJ2O
lX 170ST
(Phone)
~.l_(I'8l<l
pNSURED: w.t8.... II __IMJinp,Inc. & AD
AftiIiIItId, RelIIlied .. lJuIlsidMy CoII_..... incIIIding:
w_ MInllgement or ClnInge CIlUnIy
1100 __A_
SlIn\ll ,.",., CA 927011
me PQUCIES OF ~. U6TED' BELOV'I ""VIi. .... ISSUED TO nE INSURED NAMED ABOVE FOR ne: poucv PS\IOO INDICATED.
__ Nt( ~IIlI!IIENT, TERM OR COIlllITIOIl OF 1>1<< CClMTllAC:T Oft one DOOUME1<T WITIi RE8l'ECT TO _CH TIltS
CERtlPICATB....Y.1SIUID OA....V pp;rAIII. 'ftfE' INSlIJRAHCE AfFORDS) BY 7HE POuCres DlDCltIlED H!feJN 1$ $U8JECT TO ALL THE TERMS,
EXCLUSIONS AND CONOf1lONB OF SUCM PClUCIM. "'~~:TI LIMITS SttI::MW YAY BE EJCIWISlED BY PAl} CLANS.
':.!i'i\' T'II'E OF III8IlIWICI' POUCY _ -...... ~TION IJMIT$
_UAIILIlY
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C!mfL~ LMr APPLIiI PSR;
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A~'lC,LtABILRY
A xr-'AlI1'O
X--
X NOtI O\imED AUTOS
x-
'SA H0821llfl87
EACH OCCURRENCl! $ 5,000,000
.....-- $ 5, oOif.ooo
11112006 11112007 MllDaxp__ -.-_-
PERSONAL &AfN IUURY $ 5,000,000
S- o.",
OENERAlM_Ta 6,000.000
1'ItClDUCTa/COW. ()p. "'" $ s:~~
1/112006 lilJaWI' QOMBIOEl> 8lNGI.E lJMIT $ 10,000,000
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HDO 021714318
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XOOG23512l103
8764638
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11112006
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1/112007 :rE
11112007
111/2O(Jl
$ 100,000,000
S 100.000,000
CCUFElISIl.llON ~1lOH STAruT~RY j
B and LIABlUTY WLR C4~33B110 lAOS) 11'112006 111/2007 ILlIM:tIACCl~ $ 1.000.0061
A I WI.R 044338427 (CA) 1/112006 1/1/2007 EL DISElse.&< EMPLOYEE $1,000,0001
A SCF C4~338_ (WO 111/2OOll 11112tJCI1 EL IlIIEAS6-POUCY LIMIT $ 1,000,000!
~q: DQCRtPnONQft~1'1QNSA.OCA~ADO!DPJ'f!NDOAGeMENT'PRO\IISI0flII: i
;~ M~.... Of'1WIIWlM1IOlI....-rmlllfllAWR DF'.........-rwIlDUIRDNMJ.1IlCLICEI 'M8eMD 'fOlHiEXf"NCIUIUi08YWR,JT1Erll QormtA;-~-;~;;-'1
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181 CIiInFlCImE ~"fWlI8)" AN ADDmCIW.~~&;lIeIPTFClItWOAlCll!S'COM"""WHEIE AND TO 1M EXmCI' ~ rtWRtt"'I'EN CONTMCT. ;
RIo: __for_,..,........... I
__In_oIC1lJOf__ itI____d .p1.)... (on d poUde& oocceptWclIkel's'
~-"""'oIELl--.......,,: _IlB ....-1Ir- _ TheAbowAulo UobailJpoIIey """,lMsliabifily
D___Iw1lle"""or___... ondma_-b;_ of Ofto_Countll.
CERTIFICATE HOLDER: ~ I "TION:
Nfl BE FORe THE --
;JIQN!1Mn:'THEREOF.l'1&~~Il'\l\Qu.lMlLaoOA';"SWRlTfE}.I"'':)TICE ,
T011fi~HCl.DEftJWRDTOTtELEPT. t
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,\~r:'TtU'!L~J.~: 1/;2- Il.U=-ORIZEDREPRESENTATM; ~_-.,.._'-:;';<.>- ,
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P.O.8oxl988
Santa Ana. CA 92701
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P 3
MAY, 5.2006 4: 28PM
ADDmONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL UABIUTY POUCY
fus\InIrIC;e CompalIY ...(:'1; AMERICAN IN!ltJRANCB COMPANY
This endoI'sement modifies IIUCh iJI5uraDce as is afIilrded by the provisions of Policy # ~ G%J11.oJJ& nllating to the following:
*1. Th$ City of Santa ADa, 20 Civic Calla" PIa22, Smta Ana, CaIlfomla 92701; its officcn, employees, agent.., volunteers
and ~ are 1UIIIleCIll9 odditioaaI insureds ("additIoDal insureds") with regard to ~ and defense of snits arising
from the "!,<,,.dioos and..- periOrmed by or on bohaIf of tho lIIIDIed inswed.
"2. WiIh ~ to cIIims lItising out oflhe operatiOll5Il1d uses ...,.I",.ned by or on bebaIf of tho named msured. such
insllraDee IS is odf\"dc4 by lhls poIi<:y is primarY md i. not addl1iao.I1liO or oontributiDg with tmy olh<< lnsUIllllce carried by or
fur lhe MDe6t of the additicmal iDsureds.
3. This losurance applies 88pU'8lDlyto each illsDred againsc whom olaim is made or suit is brought except with respe.ot to
the COlDJl&lIY'a limits of liability. The inc1usioo of llllY penon or oraanlz.ltion os an insured shall not affect any right which such
person or org&1IlAUon wuuld bave as a o).n..-t if not 80 included..
4. Wdh respect to the additional iIIsureds, this insurance ihall not be -Jlecl, or materially reduced in coverage or limits
except a1l.er tIIlrIy (30) d~ wriuen DOdce blls been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92701.
(Complellon of the following, inl:luding ~ture, is req1lired 10 make this endors<ment effective.)
Effective 0l1011Oli . this eDC!...sement funn as a pm of Policy # RDO G%1714318
Issued to W ASTB MANAAt:lMRNT OF ORANGE coUNTY
Named IDsured
Countersigned by
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Authorized Represmtative
. -. "'" tOllle _required by___
EUibit B
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TO FO'z.M
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Jun
12 06 09: 18a
06/08/.306 19:17
. Marsh, Inc.
Cit~ of Santa Ana
1714558662b
6/B/2006 11:17 AM
PWA
WMOC
PAGE
714-647-5069
2/002
Eastern Time
PAGE
Zone
I'RQoucn
Maf!h USA lno,
tOOOMlln SIr... Sutte 3ODO
Houlton, TX 71002
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NO IttIIHTll.POII11U C9ltFlCA1& Ma.Il~ OlllEIPltM 'TMotrPIIOVIO~ II THE
_l.JC'I. ""II calt"'-fIIlA11! DOE. NUT MiIfD, eXlilllO .... it. 1I.R Ylfli COVERAGE
."OIl:Oal tit lNl 'OUCEI DE-.D ....m.
COMf'ANtEa A"ORDlNG COVlftAOE "-'-i'
otJ.lP~v
A AMERICAN INlERNATfONAL SPECIALTY LINES INS CO
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WASTE MANAG~t::l\n INC.
ANa 'MSTE MANAGEMENT OF
ORANGE COUNlY
1800 s. GRAND AVENuE
SANTA ANA, CA 92705
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TNlS IS TO CEiTIFY THAT POJaE,!I OF '~NWQ! 0E8tRBI!:J HEREIN I-!"~ !!!!N lSllJE) TO tHe iNSJREO NoIt.4Eb IiERElN FOIl: TI-lE Po. Ie,. PE~IOO ,lo;O!rj.,TEn
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~IM1TS9-lOYM MAY l-IA~ eEE,1l rtmu~OAv P.ND a.AlM$
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Th", Cty, lt8afloers, agenlallnd4l1lllployeH are InQuledellddtlanal inIllredwnere r1IlJIlredbywnllen aanlradbW: Dnly for hebUty arilling olltoffhe
OJ*ation. otthe Naned IfI..red.
City ofS"'1a Ana
20 Civic Center PI.a
PO BID{ 1988
Santa Ana, CA 92701
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8tCU.I) "'!(y(lll' T""O"ICIIiI DfURIIEQ Hl!IIEIN U CANCal!l>'!~OII.I! THI' EIrI'''''''ll<IN''''T! ~~HJO-l
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- CERTIFICATE OF INSURANCE Date: (MMIDDIYY)
5/5/2006
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Locktan Companies of Houston ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
5847 San Felipe, Suite 320 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Houston, TX 77057 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
866-260-3538 (Phone)
866-492-1055 (Fax) INSURERS AFFORDING COVERAGE
INSURED: Waste Management Holdings, Inc. & All Insurer A: ACE American Insurance Company
Affiliated, Related & Subsidiary Companies including: Insurer B: Indemnity Insurance Company of North America
Waste Management of Orange County
1800 South Grand Avenue Insurer C: National Union Fire Insurance Company of Pittsburgh, PA
Santa Ana, CA 92705 Insurer 0: Allied World Assurance Company, ltd.
Insurer E:
THE POLICIES OF INSURANCE LISTED BElOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY BE EXHAUSTED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION LIMITS
LTR DATE
GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000
A X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (ANY ONE FIRE) $ 5,000,000
c-c. HDO G21714318 1/1/2006 1/1/2007 MED EXP (PER PERSON)
X OCCURRENCE
X XCU INCLUDED PERSONAL & ADV INJURY $ 5,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000
X PROJECT PRODUCTS/COMPo OP. AGG $ 6,000,000
X LOCATION
AUTOMOBILE LIABILITY 1/1/2006 1/1/2007 COMBINED SINGLE LIMIT $ 10,000,000
A X ANY AUTO I SA H08218997 (EACH ACCIDENT)
X HIRED AUTOS
- - r--
X NON-OWNED AUTOS
X MCS90
EXCESS LIABILITY/UMBRELLA EACH OCCURRENCE $ 100,000,000
A X OCCURRENCE XOOG23572503 1/1/2006 1/1/2007 AGGREGATE $ 100,000,000
t---. 8764638 1/1/2006 1/1/2007
C CLAIMS MADE
0 C001389/004 1/1/2006 1/1/2007
WORKERS' COMPENSATION WORKERS' COMPENSATION STATUTORY
B and EMPLOYERS LIABILITY WLR C44338440 (AOS) 1/1/2006 1/1/2007 El EACH ACCIDENT $ 1,000,000
--- -r---- .- WLR C44338427 (CA) 1/1/2006 1/1/2007 $ 1,000,000
A El DISEASE-EA EMPLOYEE
A T --- SCF C44338403 (WI) 1/1/2006 1/1/2007 EL DISEASE-POLICY LIMIT $ 1,000,000
REMARKS. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT PROVISIONS
CHECK [g] .
BOX BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE
PERMISSIBLE BY LAW.
~ CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMPfEL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT.
Re: Self insured for auto physical damage,
Additional Insured in favor of City of Santa Ana, its officers agents and employees (on all policies except Workers'
Compensation/Ell where and to the extent as required by written contract. The Above Auto Liability policy provides liability
coveraae to the trucks owned bv the City of Santa Ana that are operated and maintained by Waste Management of Orange County,
CERTIFICATE HOLDER: CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE
TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
City of Santa Ana ~-t{7'//Z
20 Civic Center Plaza AUTHORIZED REPRESENTATIVE: <::5--.- --".-;. <.....
P.O. Box 1988 .r-
Santa Ana, CA 92701
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ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company ACE AMERICAN INSURANCE COMPANY
This endorsement modifies such insurance as is afforded by the provisions of Policy # HDO G21714318 relating to the following:
*1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers
and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising
from the operations and uses performed by or on behalf of the named insured.
*2. With respect to claims arising out of the operations and uses performed by or on behalf ofthe named insured, such
insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or
for the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to
the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such
person or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits
except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92701.
(Completion of the following, including countersignature, is required to make this endorsement effective.)
Effective 01/01/06 , this endorsement form as a part of Policy # HDO G21714318
Issued to WASTE MANAGEMENT OF ORANGE COUNTY
Named Insured
Countersigned by
c:5-.- ~r;. -< -' :>-
Authorized Representative
* where and to the extent required by written contract.
Exhibit B
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PRODUCER
Marsh USA Inc.
1000 Main Street, Suite 3000
Houston, TX. 77002
CERTIFICATE NUMBER
HOU-000691 075-02
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
I -1012Q-PLL-06-08
COMPANY
A AMERICAN INTERNATIONAL SPECIALTY LINES INS CO
INSURED
WASTE MANAGEMENT INC.
AND WASTE MANAGEMENT OF
ORANGE COUNTY
1800 S. GRAND AVENUE
SANTA ANA, CA 92705
COMPANY
B
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDJCATED_
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMIDD1YYJ DATE (MMlDDIYY)
LIMITS
GENERAL UABlLlTY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 0 OCCUR
OWNER'S & CONTRACTOR'S PROT
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GENERAL AGGREGATE $
PRODUCTS - COMPfOP AGG $
PERSONAL & AnV INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (Any one fire) $
MED EXP An one erson $
COMBINED SINGLE LIMIT $
AUTOMOBILE LlABIUTY
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE $
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EAACCIDENT
OTHER THAN AUTO ONLY:
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPEN TION AND
EMPLOYERS' LIABILITY
,SlAflLy.
AGGREGATE
EACH OCCURRENCE
EACH ACCIDENT $
$
$
$
$
EXCESS L1AB1UTY
AGGREGATE
THE PROPRIETOR!
PARTNER~XECUTIVE
OFFICERS ARE'
A Pollution
Legal liability
INCL
EXeL
PLS 1669328
ER
01/01/06
01/01/08
$
EL DISEASE-POLICY LIMIT $
EL DISEASE_EACH EMPLOYEE $
Each Incident
A99regate
is Excess the SIR
Self Insured Retention Limit
10,000,000
DESCRIPTION OF OPERATlONSflOCATlONSNEHICLESfSPECIALITEMS
5 000 000
:~I, "'i';
City of Santa Ana
20 Civic Center Plaza
PO Box 1988
Santa Ana, CA 92701
SHOULD ANY OF THE POLICIES DESCRIBED HEREN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE NSURER AFFORDING COVERAGE \"JILL ENDEAVOR TO MAIL ---30 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN, BUT FAIWRE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR
L1AB1LrrY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE
ISSUER OF THIS CERTIFICATE
MARSH USA INC.
BY: Stephanie S. Story
~
MARSH
CERTIFICATE OF INSURANCE
CERTIFICATE NUMBER
HOU-000691 075-04
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONfERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POUCIES DESCRIBED HEREIN.
PRODUCER
Marsh USA Inc.
1000 Main Street, Suite 3000
Houston, TX 77002
1
!- ---
COMPANIES AFFORDING COVERAGE
WASTE MANAGEMENT INC.
AND WASTE MANAGEMENT OF
ORANGE COUNTY
1800 S. GRAND AVENUE
SANTA ANA, CA 92705
---_-1
I
COMPANY
A AMERICAN INTERNATIONAL SPECIALTY LINES INS CO
I -10/20-PLL-06-08
INSURED
COMPANY
B
I~OMPA~~ ---0__-
C
I-~OMPAN;----
D
-,-----T-
Cr~ I TYPE OF INSURANCE
~NERAL UABlllTY
'_ :_-CMMERCIAL GENERAL LIABILITY I
t-I__I CLAIMS MADE r--I OCCUR I
~! OWNER'S & CONTRACTOR'SPROT I
11---- -
COVERAGES This certifICate supersedes and replaces any previously issued certificate for the policy periodf1otedbeIOw~
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTINITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POllCIES_ AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
--- -~-----'--~--T----.-'---~-- --------~---
POLICY NUMBER - POLICY EFFECTIVE I POLICY EXPIRATION 1 LIMITS
DATE (MMIDD/YVJ i DATE (MM/DD/YV)
I, GEN~RAL AGGREGAT~ !~____
~ PRODUC~CC?MPI()P AGG+~____
I PERSONAL.!ADVINJU~__,_L __
I_EACH OCCURRENCE_ ____lL_ _ ,,_
I, EIRED~_AGE(Anyonefire) I~ -._
MEDEXP{An oneperso~ $
1 COMBINED SINGLE LIMIT $
I BODILY INJU~Y---- j---;-
1_(perpe~~~_____J_ ___,
, ~p~?~Lc~_~~~~RY_ I $ __,__ _
I PROPERTY DAMAGE -- r;--
AUTOMOBILE L1ABIUTY
~ ANY AUTO
~II ALL OWNED AUTOS
I =J SCHEDULED AUTOS
HIRED AUTOS
II NON-OWNED AUTOS
1_.. .
-I ----
~ARAGE LIABILITY
,~ I ANY AUTO
~I-----
EXCESS LIABILITY
C UMBRELLA FORM
II laTHER THAN UMBRELLA FORM
1 WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
I L-- I
THE PROPRIETOR! I
" PARTNERS/EXECUTIVE INCL 1
OFFICERS ARE' EXCL
A THE Pollution I' PLS 1669328
I Legal Liability
I !
DESCRIPTION OF OPERATIONS/LOCATlONSNEHICLESlSPECIAL ITEMS
Certificate Holder is included as additional insured where required by written contract but only for liability arising out of the operations of the Named Insured.
01101/06
01101/08
AUTO ONLY - EAACCIDENT $
I..QT~ERT~AN AU,.OO~~~==r_=-:.', -, ,,-:
_ EACH_ACCIQ_~____
AGGREGATE I $
CH OCCU_RREN~__--f!____.
~~GREG~T~___ ,-----t~ ----
$
STA U. I IOJH-
I' ----.lq~Y L1MI~,~~ ~__~
EL EACH ACCIDENT $
r;:;-; - ---+ ----
1~ISEASE-POllCY LIMIT I $
'EL DISEA~E-EA~H ~MPLOYE'J$-'- ----- ----
Each Incident
I Aggregate
is Excess the SIR
I Self Insured Retention Limit
10,000,000
5 000 000
CERTIFICATEIiOLOER
CANCEUATION
City of Santa Ana
20 Civic Center Plaza
PO Box 1988
Santa Ana, CA 92701
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ----3.0. DAYS VllRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE
ISSUER OF THIS CERTIFICATE
MARSH USA INC.
BY: Stephanie S. Story
~
VAUD AS OF: 06/07/06
REQUEST FOR
COUNCIL ACTION Ea";,oL+
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JUNE 2, 1997 2 7
TITLE: APPROVED-'JLJN 1997
REVISIONS TO AGREEMENT WITH As Recommended
❑ As Amended
GREAT WESTERN RECLAMATION ❑ Ordinance on 1st Reading
TO REFLECT 'UCTION IN ❑ Ordinance on 2nd Reading
RATES AND •'OVA DE L ' .OVED ❑ Implementing Resolution
❑ Set Public Hearing For
SERVICE 0 DO Ts^ •l^ A
CONTINUED TO 2
FILE NUMBER A -47 0 7 /
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Attorney to prepare and the Mayor and the Clerk of
the Council to execute a revised agreement with Great Western
Reclamation to reflect a reduction in the curbside rates and to provide
maintenance services to the downtown area.
DISCUSSION
The current rate for residential curbside customers is $14 . 02 per
month. A reduced rate of $12 .27 is available to seniors and mobile
home residents . Great Western Reclamation, as the City' s contractor,
is paid from fees collected from residential customers . The City
retains a portion of the fee to recoup the cost of administrative
expenses .
With the decrease in the landfill rate that will take effect July 1,
1997, the rate charged to the resident will decrease by $ . 63 per month,
resulting in a new fee of $13 . 39 and a reduced rate of $11 . 64 for
seniors and mobile home residents . The rate paid to Great Western will
decrease by the same amount. That reduction of $ . 63 per month is
reflected in the revised agreement .
Rates for bin and roll-off service will either remain the same or
decrease, depending on the amount of trash generated by the customer.
Adjustments in those rates are also reflected in the revised agreement.
In the downtown area there is a need to increase the level and
flexibility of refuse and general cleanup service . These services were
previously performed internally by the Public Works Agency. In
addition, the Agency is proposing additional locations for refuse
229
03 j
Revisions to Agreement with
Great Western Reclamation
June 2, 1997
collection on the City' s arterial streets . Both of these changes (and
other minor clarifications) are reflected in the revised agreement .
FISCAL IMPACT
Rates paid by the curbside residential customer will decrease $ . 63 per
month. Rates paid by the bin and roll-off service customer will either
remain the same or decrease depending on the amount of trash generated.
The annual cost of contracting out the downtown maintenance service is
estimated to cost up to $90, 000 depending on the final scope of
services and is budgeted in the FY 1997-98 Community Development
Central City Operations Fund (account no. 510-936-6631) .
APPROVED AS TO FUNDS AND ACCOUNTS:
>44:- g p ,
e7James G. Ross sof; ' . : 4 oma
Executive Director E 'ecuti+ - Director
Public Works Agency Finance and Mgmt . Services Agency
75' 1,