HomeMy WebLinkAbout2006-395
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RESOLUTION NO. 2006-395
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND BURBANK RECYCLING INC.
FOR COMMINGLED RECYCLING SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to
execute on behalf of said City an Agreement between the City of San Bernardino and
Burbank Recycling, Inc., for six-year term, with three one-year extensions, at the City's
option, copy of which is attached hereto, marked Exhibit "A" and incorporated herein
by reference as fully as though set forth at length.
SECTION 2. The authorization to execute the above referenced Amendment is
rescinded if not issued within sixty (60) days of the passage of this resolution.
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October 31, 2006
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND BURBANK RECYCLING INC.
FOR COMMINGLED RECYCLING SERVICES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ioint regular
6th
November
, 2006, by the
day of
meeting thereof, held on the
8 following vote, to wit:
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Council Members:
AYES
ABSTAIN
ABSENT
NAYS
ESTRADA
x
BAXTER
x
VACANT
DERRY
x
KELLEY
x
JOHNSON
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MCCAMMACK
x
~~:C~
1\i!:
The foregoing resolution is hereby approved this ~ ""'"
November , 2006.
day of
o ~ - ~
October 31, 2006
"
2006-395
Exhibit A
Form of Agreement
PROFESSIONAL SERVICES AGREEMENT FOR
PROCESSING RECYCLING MATERIALS
THIS AGREEMENT is made and entered into this 6th day of
November, 2006 ("Effective Date"), by and between the CITY OF SAN
BERNARDINO, a municipal corporation ("City"), and Burbank Recvclino Inc., a
California corporation ("Contractor").
WIT N E SSE T H:
WHEREAS, The Legislature of the State of California, by enactment of the
California Integrated Waste Management Act of 1989 ("AB 939"), incorporated into the
California Public Resources Code as Section 40000 et seq., has declared that it is in the
public interest to authorize and require local agencies to make adequate provision for
the disposal of Solid Waste within their jurisdictions; and
WHEREAS, City and Contractor are mindful of the provisions of the laws
governing the safe collection, transport, recycling, and disposal of Solid Waste,
including AB 939 (as amended), the Resource Conservation and Recovery Act
("RCRA"), and the Comprehensive Environmental Response, Compensation and
Liability Act ("CERCLA"). City and Contractor desire to leave no doubts as to their
respective roles and to memorialize that by entering into this Agreement. City is not
thereby becoming an "arranger" or a "generator" as those terms are used in CERCLA,
and that it is Contractor, not City, who is "arranging for" the disposal, composting, and
recycling of Recyclable Material which may contain hazardous substances; and further
to confirm that Contractor has agreed to indemnify the City in connection with any
claims relating to the inadvertent or intentional disposal of hazardous materials that may
occur in connection with Contractor's performance under this Agreement.
WHEREAS, City and Contractor understand and agree that it is Contractor, and
not City, who will take title to the Recyclable Materials, that City has not, and, by this
Agreement does not, instruct Contractor on its methods of performing the duties under
~greement. Any title in and to such Recyclable Materials that otherwise might exist
in or Wit" City in the absence of this Agreement is hereby transferred to Contractor.
WHEREAS, Contractor has agreed, as part of this Agreement, to provide such
services as are necessary to ensure City complies with the requirements of Public
Resources Code Section 40000, et seq.
WHEREAS, City proposes to have Contractor perform the services described in
the City's Request for Proposal and incorporated herein by reference and Contractor's
Response to City's Request for Proposal; and
WHEREAS, Contractor represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all
necessary Iicens~s to practice and perform the services herein contemplated; and
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WHEREAS, City and Contractor desire to contract for specific services in
connection with the Recycling of Recyclable Materials and desire to set forth their rights,
duties and liabilities in connection with the services to be performed; and
WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows:
SECTION 1.00 RECITALS
The Parties acknowledge the above recitals are true and correct and incorporate
them herein as if they were fully restated.
SECTION 2.00 DEFINITIONS
Whenever any term used in this Agreement has been defined by Division 30,
Part 1, Chapter 2 of the California Public Resources Code, or Chapter 8.24 of the City
of San Bernardino Municipal Code, the definition of such term set forth therein shall
apply unless the term is otherwise defined in this Agreement. The terms defined herein
shall have the meaning set forth in this Agreement. Otherwise, the terms herein shall
have their ordinary meaning.
2.1 AB 939. "AB 939" shall mean the California Integrated Waste Management Act
of 1989, currently codified as California Public Resources Code Section 40000 et
seq. as it may be amended from time to time.
2.2 City. "City" means the City of San Bernardino, a municipal corporation.
2.3 Contractor. "Contractor" shall mean Burbank Recycling Incorporated, a
California Corporation, the entity entering this Agreement with the City, or any
party permitted pursuant to the terms hereof to become the successor or
assignee thereof.
2.4 Effective Date. "Effective Date" shall mean November 6, 2006.
2.5 Hazardous Waste. "Hazardous Waste" means (i) all waste defined or
characterized as hazardous waste by the federal Solid Waste Disposal Act (42
U.S.C. S 3251 et seq.), as amended, including the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. S 6901 et seq.) and all future amendments
thereto, or regulations promulgated thereunder and (ii) all waste defined or
characterized as hazardous waste by the principal agencies of the State of
California (including without limitation the Department of Health Services and the
California Waste Management Board) having jurisdiction over hazardous waste
generated by facilities within such state, provided that the term "Hazardous
Waste":
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2006-395
A.
Is intended to mean and include those substances that are not normally
expected to be disposed of by generally accepted sanitary landfill disposal
methods;
B. Shall include radioactive wastes; and
C. Shall be construed to have the broader, more encompassing definition
where there exists a conflict in the definitions employed by two or more
governmental agencies having concurrent or overlapping jurisdiction over
hazardous waste.
2.6 Municipal Code. "Municipal Code" shall mean the "San Bernardino Municipal
Code" of the City of San Bernardino
2.7 Recycling. "Recycling" means the process of collecting and turning used
products, including, but not limited to, newspapers, cans, corrugated cardboard
and bottles, into new products by reprocessing or remanufacturing them.
2.8 Recyclable Material. "Recyclable Material" or "Recyclables" shall mean all Solid
Waste, garbage, trash, refuse, construction and demolition debris, and any other
Solid Waste which is capable of being recycled.
2.9 RFP. "RFP" means the City's Request for Proposal attached hereto as Exhibit
"A" and incorporated herein as though set forth in full.
2.10 Response. "Response" means Contractor's response or proposal to City's RFP,
attached hereto as Exhibit "B" and incorporated herein as though set forth in full.
3.0. SERVICES PROVIDED BY CONTRACTOR
3.1 Scope of Services. Contractor shall provide the services described in
Contractor's Response. Specifically, Contractor shall collect City's recyclable material
at a designation location, acceptable to the City, transport the material for processing at
an approved recycling facility, and dispose of non-recyclable residue at an approved
disposal facility as more fully described in Exhibit "E" attached hereto and incorporated
herein.
3.2 EQuipment. Contractor shall furnish all labor, materials and equipment
necessary to perform the services contemplated by this Agreement.
3.3. Professional Practices. All professional services to be provided by
Contractor pursuant to this Agreement shall be provided by personnel experienced in
their respective fields and in a manner consistent with the standards of care, diligence
and skill ordinarily exercised by professional Contractors in similar circumstances in
accordance with sound professional practices. Contractor also warrants that it is familiar
with all laws that may affect its performance of this Agreement and shall advise City of
any changes in any laws that may affect Contractor's performance of this Agreement.
3.4 Restriction on Manner of Collection. In order to ensure City complies with
the provisions of AB 939, and to accurately account for and report the amount of Solid
Waste including Recyclable Material collected within the City Limits and processed,
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recycled and/or disposed pursuant to this Agreement, City Recyclable Material shall not
be commingled with any other Recyclable Material until City Recyclable Material has
been weighed and/or accounted for in some other manner.
3.5 Pursuit and Manaaement of Grants. Contractor shall assist City in
pursuing grants and other funding as may become available for recycling, public
education and other recycling related programs. Contractor shall manage any such
funding obtained, and implement any programs that may be funded, if requested to do
so by City, and shall be entitled to compensation for such management services if the
funding in question may be utilized to so compensate Contractor.
3.6. Warrantv. Contractor warrants that it shall perform the services required
by this Agreement in compliance with all applicable Federal and California employment
laws including but not limited to those laws related to minimum hours and wages;
occupational health and safety; fair employment and employment practices; workers'
compensation insurance and safety in employment; and all other Federal, State and
local laws and ordinances applicable to the services required under this Agreement.
Contractor shall indemnify and hold harmless City from and against all claims,
demands, payments, suits, actions, proceedings, and judgments of every nature and
description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above-mentioned laws,
which may be incurred by reason of Contractor's performance under this Agreement.
3.7. Non-discrimination. In performing this Agreement, Contractor shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, except as
permitted pursuant to Section 12940 of the Government Code. Violation of this
provision may result in the imposition of penalties referred to in Labor Code, Section
1735.
3.8. Business License. Contractor/ConsultanWendor warrants it possesses,
or shall obtain, and maintain during the term of this Agreement a business registration
certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, and any and
all other licenses, permits, qualifications, insurance and approvals of whatever nature
that are legally required of contractor/consultantslvendor to practice its profession, skill
or business.
3.9. Deleaation and Assianment. This is a personal service contract, and the
duties set forth herein shall not be delegated or assigned to any person or entity without
the prior written consent of City. Contractor may engage a subcontractor(s) as
permitted by law and may employ other personnel to perform services contemplated by
this Agreement at Contractor's sole cost and expense.
4.0 CITY RESPONSIBLlLlTIES
4.1 Access to City Documents. City shall provide to Contractor access to all
information and documents in City's possession that are relevant and material with
respect to Contractor's performance of this Agreement.
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4.2 Access to City Owned Property. City will provide access to and make
provisions for Contractor to enter upon City-owned property as may be required by
Contractor to perform the services contemplated by this Agreement.
5.0. TERM, TERMINATION AND CURE
5.1. Term. This Agreement shall commence on the Effective Date and ending
December 31, 2012, unless previously terminated as provided herein or as otherwise
agreed to in writing by the parties. Subject to the provisions herein, this Agreement may
be renewed for up to three (3) successive one (1) year terms. Such renewal will be
deemed automatic unless this Agreement is sooner terminated as provided for
hereinafter, or upon written notice of intent not to renew given by City at least 180 days
prior to the expiration of this Agreement, or any renewal period thereof.
5.2. Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with cause, at any time, by providing thirty (30) days
written notice to Contractor. In the event of such termination, Contractor shall
immediately stop rendering services under this Agreement unless directed otherwise by
the City.
5.3. Cure. In the event Contractor defaults in the performance of any of the
terms or conditions of this Agreement or fails to conform to the rules, and regulations, or
any of the directions or instructions that may be properly made by City in the exercise of
its powers, or fails, neglects or refuses to pay the consideration of any part thereof
within 30 days after the same shall become due, or becomes unable to fulfill its
obligations under this Agreement, or defaults in the performance of any of the other
terms or provisions therein required, City shall have the following options without any
further notice or authorization from Contractor, and its choice of any option shall in no
way waive its rights to select any other option at any time.
5.2.1 City may give Contractor notice of such default. If the Contractor
does not cure said default within 30 days after it was first
discovered (forthwith for a default involving any condition involving
safety) or make reasonable progress to cure said default
(reasonable progress to be determined at City's sole and absolute
discretion), City may terminate this Agreement on a date of its
choice.
5.3.2 The acceptance of all or part of recycling revenues by City for any
period after a default shall not be deemed a waiver of any of these
options, nor a waiver of the default of any subsequent default of the
same or any other term, covenant and condition. Any waiver by
City of a default on the part of Contract shall not be construed as,
or constitute a waiver of, any subsequent default of the same or
any other term, covenant and condition.
5.4.2 In the event City defaults in the performance of any of the terms or
conditions of this Agreement, and if a written notice of such default
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is issued to City by Contractor by registered mail, and if City does
not cure said default within thirty (30) days of receipt of said notice
or makes reasonable progress in curing such default, then
Contractor may immediately terminate this Agreement, and recover
at law any and all claims which may be due.
5.4 Compensation. In the event of early termination, Contractor shall pay City
compensation for all Recyclable Materials delivered by the City as of the date of
termination.
5.5 Documents. In the event of termination of this Agreement, all writings
prepared by Contractor in its performance of this Agreement including, but not limited
to, data, reports and materials as may have been accumulated by Contractor in the
performance of this Agreement, shall be delivered or otherwise made available to City
within ten (10) days of Contractor's receipt of termination notice, at no cost to City. The
term "writings" shall be construed to mean and include: handwriting, typewriting,
printing, photographing, and every other means of recording upon any tangible thing
any form of communication or representation, including letter, works, pictures, drawings,
sounds, or symbols, or combinations thereof. City shall have full ownership and control
of all such writings delivered by Contractor pursuant to this Agreement.
6.0. COMPENSATION AND ACCOUNTING
6.1. Revenue Calculation. Revenue calculation shall be calculated as set
forth in the Contractor's Response (Exhibit" C " Fee Schedule"). The parties agree that
the characterization of 40% residue is material to this Agreement and that the City relied
on such characterization in entering into the Agreement. Subsequent characterizations
shall be performed within 60 days of the beginning of year 3, year 4, year 5 and each
subsequent year to determine the characterization percentage for purposes of payment
to the City. The City's representatives shall observe the characterization. Any
recalculation of revenue from subsequent characterizations shall not result in the
Contractor charging City for receipt of material, nor shall such characterization cause
the level of residue to exceed 40%. In no event, shall the value of the City's material,
net of residue disposed, be less than $zero ($0).
6.2 Payment to City. Contractor shall pay the Compensation for the preceding
month to the City no later than thirty (30) calendar days from the end of each month.
Payments to the City will include California Redemption Value applicable to curbside
Recycling programs.
6.3 Late Payments. Interest on amounts past due will be assessed at the rate
of 1.5% per month.
6.4 Monthly Summarv Reports. Contractor will provide the City with a monthly
report on the oyerall amount of Recyclable Materials delivered by the City recycling
trucks. Contractor shall submit the weight tickets and monthly summary report to the
City within thirty (30) calendar days following the end of each month.
6.5. Additional Services. Contractor shall not receive compensation for any
services provided outside the scope of services specified in the Response unless the
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City or its Project Manager, prior to Contractor performing the additional services,
approves such additional services in writing. It is specifically understood that oral
requests and/or approvals of such additional services or additional compensation shall
be barred and are unenforceable.
6.6. Records and Audits. Records of Contractor's services relating to this
Agreement shall be kept on a generally recognized accounting basis and shall be made
available to City or its Project Manager for inspection and/or audit at mutually
convenient times for a period of three (3) years from the commencement of this
Agreement. Contractor shall maintain books and accounts of all project related weights
by material type. Such records shall be available at all reasonable times for examination
by the City at the office of Contractor.
7.0. TIME OF PERFORMANCE
7.1. Commencement of Work. The professional services to be performed
pursuant to this Agreement shall commence within five (5) days from the Effective Date
of this Agreement.
7.2. Excusable Delavs. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material
shortages, compliance with laws or regulations, riots, acts of war, or any other
conditions beyond the reasonable control of a party.
8.0. INSURANCE
8.1. Minimum Scope and Limits of Insurance. Contractor shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent contractors, personal
injury with a policy limit of not less than One Million ($1,000,000.00)
Dollars per occurrence and Two Million ($2,000,000.00) Dollars,
aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million
($1,000,000.00) Dollars, combined single limits, per occurrence and
aggregate.
(c) Workers' compensation insurance as required by the State of
California.
8.2. Endorsements. The comprehensive general liability and automobile
liability insurance policies shall contain or be endorsed to contain the following
provisions:
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(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are
additional insureds with respect to this subject project and contract
with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice
is given to City."
(c) Other insurance: "Any other insurance maintained by the City of
San Bernardino shall be excess and not contributing with the
insurance provided by this policy."
8.3. Certificates of Insurance. Contractor shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described
above, in a form and content approved by City, prior to performing any services under
this Agreement.
8.4. Non-limitina. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
Contractor may be held responsible for payments of damages to persons or property.
9.0. GENERAL PROVISIONS
9.1. Entire Aareement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any
and all other prior writings and oral negotiations. This Agreement may be modified only
in writing, and signed by the parties in interest at the time of such modification. The
terms of this Agreement shall prevail over any inconsistent provision in any other
contract document appurtenant hereto, including exhibits to this Agreement.
9.2. Representatives. The City Manager or his designee shall be the
representative of City for purposes of this Agreement and may issue all consents,
approvals, directives and agreements on behalf of the City, called for by this
Agreement, except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this
Agreement who shall be authorized to issue all consents, approvals, directives and
agreements on behalf of Contractor called for by this Agreement, except as otherwise
expressly provided in this Agreement.
9.3.
the Project
Agreement.
Proiect Manaaers. City designates the Public Services Director to act as
Manager to work directly with Contractor in the performance of this
Contractor shall designate a Project Manager who shall represent it and
be its agent in all consultations with City during the term of this Agreement. Contractor
or its Project Manager shall attend and assist in all coordination meetings called by City.
9.4. Notices.
Any notices, documents, correspondence or other
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communications concerning this Agreement or the work hereunder may be provided by
personal delivery, facsimile or mail and shall be addressed as set forth below. If such
communication is sent through regular United States mail, it shall be deemed served or
delivered 48 hours after deposit in the U.S. Mail as reflected by the official U.S.
postmark. In all other instances, notices, bills, and payments shall be deemed given at
the time of actual delivery. Changes may be made in the names and addresses of the
person to whom notices, bills, and payments are given by giving notice pursuant to this
paragraph.
IF TO CONTRACTOR:
Burbank Recycling
500 So. Flower Street
Burbank, CA 91502
Attn: Geoff Folsom
IF TO CITY:
City of San Bernardino
Public Services Director
Public Services Department
300 North "0" Street
San Bernardino, CA 92418-0001
Attn:
9.5. Attorneys' Fees. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and
expenses of the City Attorney and members of his office in enforcing this Agreement
shall be considered as "attorneys fees" for purposes of this Agreement.
9.6. Governina Law. This Agreement shall be governed by and construed
under the laws of the State of California without regard to principles of conflict of laws.
9.7. Venue. The parties hereto agree that all actions or proceedings arising in
connection with this Agreement shall be tried and litigated either in the State courts
located in the County of San Bernardino, State of California or the U.S. District Court for
the Central District of California. The aformentioned choice of venue is intended by the
parties to be mandatory and not permissive in nature.
9.8. Assianment. Contractor shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Contractor's interest in this Agreement
without City's prior written consent. Any attempted assignment, transfer, subletting or
encumbrance shall be void and shall constitute a breach of this Agreement and cause
for termination of this Agreement. Regardless of City's consent, no subletting or
assignment shall release Contractor of Contractor's obligation to perform all other
obligations to be performed by Contractor hereunder for the term of this Agreement. In
the event of mutual agreement between the parties to sublet a portion of the services to
be performed pursuant to this Agreement, Contractor shall add the subcontractor as an
additional insured to Contractor's insurance policy and provide City with the insurance
endorsements prior to any work being performed by the subcontractor. Assignment
does not include printing or other customary reimbursable expenses that may be
provided in this Agreement.
9.9. Indemnification and Hold Harmless. Contractor shall protect, defend,
indemnify and hold harmless City and its elected and appointed officials, officers, and
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employees from any and all claims, liabilities, expenses, including attorney fees,
damage to property or injuries to or death of any person or persons or damages of any
nature including, but not by way of limitation, all civil claims or workers' compensation
claims arising out of or in any way connected with the intentional or negligent acts,
errors or omissions of Contractor, its employees and/or authorized agents or
subcontractors in the performance of this Agreement.
9.10. Emolovment Indemnification. Contractor expressly waives all rights to
subrogation against City, its Officers, employees and volunteers for losses arising from
work performed by Contractor for City by expressly waiving Contractor's immunity for
injuries to Contractor's employees and agrees that the obligation to indemnify, defend
and hold harmless provided for in this Agreement extends to claims brought by or on
behalf of any employee of Contractor. The parties mutually negotiate this waiver. This
shall not apply to any damage resulting from the sole negligence of City, its agents and
employees.
9.11. Hazardous Substances Indemnification. Without regard to any insurance
coverage or requirements, and without limiting the above general indemnification
obligation in any way, Contractor specifically agrees to and shall, to the maximum
extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify,
and hold City and its past and present officers, council members, employees,
consultants and agents (hereinafter "Indemnified Parties") harmless from and against
any and all claims, actions, liabilities, damages, demands, judgments, losses, costs,
liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and
all other losses, damages, fees and expenses of whatever kind or nature ("Claims")
(including but not limited to response costs, investigative costs, assessment costs,
monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and
similar costs, damages and expenses) that arise out of or are alleged to arise out of or
in any way relate to any action, inaction or omission of Contractor that:
(a) results in any demand, claim, notice, order, or lawsuit, asserting
that any Indemnified Party is liable, responsible or in anyway obligated to investigate,
assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any
Hazardous Contaminant (as defined herein); or
(b) relates to material collected, transported, recycled, treated or
disposed of by Contractor.
Contractor's obligations pursuant to this Section shall apply, without limitation, to:
(a) any Claims brought pursuant to or based on the provisions of the
Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"),
42 U.S.C. 9 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42
U.S.C. 9 9601 et seq., the California Hazardous Substances Account Act (California
Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control
Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter-
Cologne Act (California Water Code Section 13000 et seq.), and any and all
amendments and regulations thereto, and any other Federal, State, regional or local
environmental statutory or regulatory provision;
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2006-395 (b) any Claims based on or arising out of or alleged to be arising out of
the ownership, use, lease, sale, design, construction, maintenance or operation of
Contractor of any facility;
(c) any Claims based on or arising out of or alleged to be arising out of
the marketing, sale, distribution, storage, transportation, disposal, processing or use of
any materials recovered by Contractor;
(d) any Claims based on or arising out of or alleged to be arising out of
any breach of any express or implied warranty, representation or covenant arising out of
or in connection with this Agreement.
The foregoing indemnity shall apply irrespective of the negligence or willful
misconduct of Contractor or any affiliate of Contractor.
For purposes of this Section, the term "Hazardous Contaminant" shall mean any
"hazardous material," as that term is defined under California Health & Safety Code
Section 25501(1); any "hazardous substance," as that term is defined under California
Health & Safety Code Sections 25281 (t), 25501 (e), 25501.1 and under Title 42, Section
9601 (14) of the United States Code; any "hazardous waste," as that term is defined
under Title 42, Section 6093(5) of the United States Code and under California Health &
Safety Code Section 25550(m); any chemical which the Governor has identified as a
chemical known to the State to cause cancer or reproductive toxicity pursuant to
California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined
petroleum product or any fraction or derivative thereof; and any asbestos or asbestos-
containing material. The term "Hazardous Contaminant" shall also include any and all
amendments to the above-referenced statutory and regulatory provisions made before
or after the date of execution of this Agreement.
The provisions of this Section shall not terminate or expire and shall survive the
termination or expiration of this Agreement.
9.11. Independent Contractor. Contractor is and shall be acting at all times as
an independent contractor and not as an employee of City. Contractor shall secure, at
his expense, and be responsible for any and all payment of Income Tax, Social
Security, State Disability Insurance Compensation, Unemployment Compensation, and
other payroll deductions for Contractor and its officers, agents, and employees, and all
business licenses, if any are required, in connection with the services to be performed
hereunder.
9.12 Public Records Act Disclosure. Contractor has been advised and is aware
that all reports, documents, information and data including, but not limited to, computer
tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors,
and provided to City may be subject to public disclosure as required by the California
Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to
public disclosure may be those documents or information that qualify as trade secrets,
as that term is defined in the California Government Code Section 6254.7, and which
Contractor informs City of such "Trade Secret." "Confidential," or "Proprietary" status.
The City will endeavor to maintain as confidential all information obtained by it that is
designated as proprietary. The City shall not, in any way, be liable or responsible for the
11
Professional Services Agreement For Processing Recycling Materials 10-30-06 Final
2006-395
disclosure of any such records including, without limitation, those so marked if
disclosure is deemed to be required by law or by order of the Court.
9.13. Confidentialitv. All findings, reports, information and exhibits prepared or
assembled by Contractor in connection with the performance of its professional services
pursuant to this Agreement are confidential and Contractor agrees that they shall not be
made available to any individual or organization without the prior consent of City.
9.14. Responsibilitv for Errors. Contractor shall be responsible for its work and
results under this Agreement. Contractor, when requested, shall furnish clarification
and/or explanation as may be required by the City's representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that
an error or omission attributable to Contractor occurs, then Contractor shall, at no cost
to City, provide all necessary design drawings, estimates and other Contractor
professional services necessary to rectify and correct the matter to the sole satisfaction
of City and to participate in any meeting required with regard to the correction.
9.15. Prohibited Emplovment. Contractor will not employ any regular employee
of City while this Agreement is in effect.
9.16. Order of Precedence. In the event of an inconsistency in this Agreement
and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If
and to the extent this Agreement incorporates by reference any provision of the RFP or
the Response, such provision shall be deemed a part of this Agreement. Nevertheless,
if there is any conflict among the terms and conditions of this Agreement and those of
any such provision or provisions so incorporated by reference, this Agreement shall
govern over both the Response and the RFP and the Response shall govern over the
RFP.
9.17. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
9.18. No Third Partv Beneficiarv Riahts. This Agreement is entered into for the
sole benefit of City and Contractor and no other parties are intended to be direct or
incidental beneficiaries of this Agreement and no third party shall have any right in,
under or to this Agreement.
9.19. Headinas. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain
or to be a full or accurate description of the content thereof and shall not in any way
affect the meaning or interpretation of this Agreement.
9.20. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed
as if drafted jointly by the parties and in accordance with its fair meaning. There shall
be no presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
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9.21. Amendments. Only a written amendment executed by the parties hereto
or their respective successors and assigns may amend this Agreement.
9.22. Waiver. No waiver of any provision of this Agreement shall be effective
unless in writing and signed by a duly authorized representative of the party against
whom enforcement of a waiver is sought. The waiver of any right or remedy in respect
to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing
waiver.
9.24. Severabilitv. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof
or of the offending provision in any other circumstance.
9.25. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement.
9.26. Corporate Authoritv. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by doing so, the parties hereto are formally bound to the
provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written.
CITY OF SAN BERNARDINO,
A municipal corporation
CONTRACTOR
~~ern
Burbank Recycling Inc.
R hel G. Clark, City Clerk
Ci~f~y~[f~
"DjPPROVED AS TO FORM: .. \J
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Professional Services Agreement For Processing Recycling Materials lO-3Q..06 Final
.. -2006-395
EXHIBIT A
CITY OF SAN BERNARDINO
REQUEST FOR PROPOSALS
TO PROVIDE
COMMINGLED RECYCLlING PROCESSING
AND
COMMERCIAL RECYCLING PROCESSING
INTRODUCTION
The City of San Bernardino provides residential, commercial and roll-off collection services. The City
operates a curbside commingled recycling program serving approximately 40,000 residences within the
city limits. Currently, the City provides automated collection of commingled recyclables in 90-gallon
containers. Container collection includes some small businesses and multi dwelling units. The City
provides commercial recycling services to 168 accounts. Anoth~r 200 accounts are considered to be rich
in recyclable material. Refuse is disposed under the San Bernardino County Waste Delivery Agreement,
with Mid-Valley Landfill in Rialto as the designated disposal site.
This RFQ and Bid Proposal will be used to select one or more service providers to process the City's
collected commingled recycling materials, commercial recycling and selected commercial materials.
PROJECT DESCRIPTION
One or more selected service providers will be required to execute a service agreement with the City.
Under the terms of the agreement, the selected service provider will process specified materials from the
City's recycling programs; and will transfer and dispose of program residue. The Selected service
providers will be required to return to the City revenue from sales of recovered materials. The Local
Enforcement Agency for San Bernardino County may require selected providers to obtain one or more
Solid Waste Facility Permits to provide transfer station or materials recovery services. Selected service
providers will be responsible for obtaining and paying for all required permits, including local land use
approvals and Solid Waste Facility Permits; and for operating in compliance with the permits. The term
of the agreement will be for seven (7) years with three (3) single-year renewal options.
PROPOSAL SUBMISSION PROCEDURES AND REQUIREMENTS
Organizations interested in submitting a proposal shall submit five (5) copies of their proposal to:
Solid Waste Manager
City of San Bernardino
234 South Mountain View Avenue
San Bernardino, CA 92408
All proposals and copies of proposals shall be submitted on recycled content paper, with at least 30%
post-consumer content.
BIDDER'S CONFERENCE
The Bidder's Conference will be held on Thursday, November 10,2005. The location for the Bidder's
Conference will be the Public Services Conference Room "A"_ 4th Floor at 300 North "0" Street, from
2:00 p..m. to 3:30 p.m. City will accept bids only from those bidders who have attended the Bidder's
Conference_
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Professional Services Agreement For Processing Recycling Materials 9-05 Draft I
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Questions will be answered regarding the RFQ and Bid Proposal at the Bidder's Conference so that all
prospective bidders will hear the same response to any questions or explanations of this RFQ and Bid
Proposal.
Do not contact any City employees, Commissioners, or Elected Officials regarding this project or the
selection process. Questions regarding the RFQ and Bid Proposal shall be asked at the Bidder's
Conference or submitted in writing in conformance with the stated deadlines. Bidders will be asked to
certify that they did not contact any City employees, Commissioners, or Elected Officials regarding this
project or the selection process other than in writing to the Solid Waste Manager. Any bidder found by
the City to have violated this prohibition will be disqualified from bidding, and the City will not
consider its Bid Proposal further.
SELECTION PROCESS
A.
,
The City will rank all proposals received to determine whether bidders are
qualified based upon information provided during this process.
The City will deliver a load to the highest qualified bidders, and observe
processing operation.
The City will then initiate negotiations with the qualified firm or firms proposing
the greatest revenue, to be offset by off-route collection costs.
Table 1 (see attached) will be used as a score sheet for the evaluation of the
qualifications of bidders.
Qualified proposals will then be ranked based on projected revenue per "A"
above.
All applicants will be notified in writing of the selection.
B.
C.
D.
E.
F.
A WARD OF CONTRACT
An agreement will be negotiated following final selection of a bidder or bidders. If the City and the
" selected bidder or bidders are unable to negotiate satisfactorily, acceptable to both parties, the next ranked
bidder will be contacted and so on until an agreement is reached.
CITY'S RIGHTS, OPTIONS, AND POLICIES
The City reserves the right to postpone selection and award of contract for its own convenience, to cancel
this RFQ and Bid Proposal at any time, and/or to reject any and all proposals for any reason in its sole and
exclusive discretion.
The City highly encourages participation by local qualified firms in all aspects of service contracting
unless the project requires unusual or highly specialized services.
PROPOSAL CONTENT
To facilitate evaluation of the proposals received, all proposals must conform to the chronology and
content described below:
A. All bidders must indicate their willingness to sign the attached Service Agreement (Exhibit
A). Any deviation in a proposal from the language in the Service Agreement must be
explained in detail. Substantial differences in language or terms between a proposal and the
Service Agreement may result in rejection of the proposal. The City reserves the right to
negotiate minor modifications of the language contained within the attached agreement upon
selection of the service provider. Exhibit A of the attached agreement contains the Scope of
Services. .
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Professional Services Agreement For Processing Recycling Materials 9-05 Draft 1
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B.
.
All proposals must indicate the physical location of their facility or facilities that will be used
for off-loading of City vehicles and for processing material. Proposals will include the
distance in miles from their facility or facilities to the City Refuse Yard (234 South Mountain
View Avenue).
C. Proposals will include an up-to-date list of references and contacts for which similar work has
been performed. The list should include a mailing address, contact person and daytime phone
number.
D. Proposals will identify the designated project managers, their work location and provide a
resume for principal employees assigned to work on the project.
E. Proposals will address the issue of regulatory compliance related to proposed facility or
facilities. The bidder shall provide documentation of all necessary permits and clearances
related to their proposal. Any violations documented by enforcement agencies (e.g., the Local
Enforcement Agency, Air Quality Control District, Regional Water Quality Management
District, etc.) shall be disclosed and addressed. COll).pliance with any request for a change in
operation by an enforcement agency or Notice and Order shall be discussed.
F. The bidder will discuss any future plans for a permit change or application as related to the
acceptance of materials from the City's recycling program. The proposal will include a
schedule for obtaining necessary permits and clearances related to their proposal. The
proposal also should address the impact of planned improvements on materials processing.
G. Bidders will disclose any indictments or litigation history related to their company, partner or
subsidiary arising out of the performance of a materials processing contract or violation of
laws, regulations or permits. Provide details of any litigation against the bidder, its parent
company or joint venture company(s) by a government entity; or against a government entity
by the bidder, its parent company or joint venture company(s).
H. Bidders will prepare bid sheets based on the City's estimated annual recovery.
I. Bidders are free to propose any combination of pricing methodologies. For example, propose
to establish a price index that is adjustable. Adjustable fees may include but are not limited to
the following examples:
i. Average door price based on specific facilities
ii. Adjustable prices based on a recognized index
Ill. Shared, verifiable revenue in combination with a processing fee
J. Utilizing the proposed methodology, bidders shall calculate the total payment to the City for
the period 7/1/04-6/30/05. Bidders shall provide sufficient documentation to demonstrate
accuracy of calculations regarding hypothetical payments to the City under the proposed
payment methodology. Bidders shall make themselves available to clarify proposed payment
methodology. Bidders shall make themselves available to clarify proposed payment
methodology upon request by the City's Representative.
K. Bidders will assume recovery of materials at the levels enumerated in Table A. The bidder
should also assume contamination by weight of25% in preparing bids. The table below
should be used to calculate revenue paid to the City on an annual basis:
3
ProFessional Services Agreement For Processing Recycling Materials 9.05 Draft 1
2006-395
STMATED ANNUAL RECOVERY
ons Recovered
3483.18
1662.32
4072.19
47.91
2.32
5.12
2.59
03.7
123.51
118.85
195.27
28.11
105.61
3.61
11144.29
L. Proposals will be disqualified unless there is a clear means of calculating revenue. Estimated
revenue shall be linked to a verifiable market index, a flat fee, or some other documented
methodology. Bidders shall observe the following guidelines in preparing bids:
i. Calculations based on quarterly or monthly indexes should assume that the Tons
recovered are equal for each index period.
ii. Bids will be compared based on an assumption of25% residue. Bidders shall
indicate any changes in the pricing affecting net revenue based on either
increases or decreases in the percentage of residuals.
M. The bidder must include a physical drawing of their facility indicating the following:
i. Trace the flow of City vehicles through the facility
ii. Scales to be used by City vehicles
Ill. Material sorting lines and screens
IV. Floor storage
v. Residue load-out
vi. Balers
N. The bidder will address the adequacy of their facilities to perform the services described by
Exhibit A of the attached agreement. At a minimum, this section shall address the following
issues.
i. Description of sorting equipment and procedures
ii. Maneuverability of City trucks through the facility including ingress and egress
Ill. Staging of City trucks and estimate of maximum time to off-load materials
IV. Clearance and width of scales in regard to City trucks
v. Expandability of processing lines to include increased collection of materials
O. The bidder will indicate their willingness to accept and divert the following materials
collected by the City's recycling programs:
i. All grades of paper
II. All glass containers
iii. All plastic containers
iv. Steel, bimetal and aluminum cans
P. Additional material diversion should be identified, including:
i. fines
II. mixed plastic
iii. construction materials
IV. carpet
v. textiles
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2006-395
EV ALUA TION OF RFQ AND BID PROPOSAL
This RFQ and Bid Proposal is a two-part process. The table below will be used to determine whether a
bidder is qualified. The lowest score represents the least responsive and the highest score represents the
best score a proposal can earn within a respective category. A score of less than 75 will result in a
determination that the bidder is unqualified to perform the services required by the City Agreement.
Qualified bidder will then be ranked based on proposed revenue (to be offset by off-route collection costs)
to the City.
RITERIA
OSSIBL SCORE
SCORE
ILLINGNESS TO SIGN ATTACHED SERVICES
GREEMENT
FERENCES
UALIFICATIONS AND EXPERIENCE
ERMITS, CLEARANCES AND REGULATORY
OMPLLIANCE
ITIGA TION HISTORY
HYSICAL FACILITIES
OTAL
Explanation of Criteria
. A.
B.
C.
D.
E.
5
I
2
A bidder with the least substantive modifications to the City Agreement will receive the
highest score in this category.
A reference check will be conducted for each bidder.
Selection Committee Members will evaluate bidders based on their qualifications and
experience performing similar project work.
A bidder that demonstrates possession of necessary permits, clearances and regulatory
compliance will receive the highest score. Selection Committee Members will also give
preference to existing, permitted facilities vs. proposed facilities.
The questions below will provide the selection committee with guidance in their evaluation of
proposed facilities:
i.
ii.
iii.
iv.
v.
VI.
VII.
viii.
Is the flow of vehicles through the facility efficient?
Does the facility provide for adequate clearances and turning radius to
reduce the possibility of damage to either property or City vehicles?
Does the facility provide for maneuverability and good line of sight?
Can City vehicles enter and exit quickly.
Is the facility sized and designed for expansion and processing of
increasingly commingled waste streams?
Is the facility design flexible enough to accommodate various vehicle
configurations and designs?
Is the facility designed to maximize diversion through the processing of
additional material types?
Does the facility design and processing capabilities maximize diversion?
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Professional Services Agreement For Processing Recycling Materials 9-05 Draft I
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2006-395
Ranking of Qualified Bidders
Qualified bidders will be ranked based on a comparison of proposed revenue to be offset by the City's
calculation of collection cost. The proposal representing the greatest revenue to the City will receive the
highest rank. Cost and revenue will be calculated based on the following:
A.
Total revenue calculation. The total revenue will be calculated for each
proposal. The total revenue will be calculated based on utilizing the proposed
methodology for the period 7/1/04-6/30/05.
Collection cost. Collection cost represents the cost associated with the off-route
travel time for the seven-year term of the contract.
Collection central. For the purpose of this RFQ and Bid Proposal, collection
central of the City will be 234 South Mountain View Avenue.
Frequency. As to how many recycling trucks will go to each facility based on
the distance traveled. During the period, 7/01/04 - 6/30/05, the City delivered
2,987 residential and commercial loads for processing.
Floor Price. The City will not consider proposals that result in a net cost to the
City for processing and recycling materials. The "Floor Price" or minimum price
paid to the City for acceptance of materials collected in the City's automated
recycling collection program shall not be less than $0.00 during any given month
of the term of the agreement. Proposal of a higher floor price is acceptable.
B.
C.
D.
E.
D1SQUALlFICA nON OF PROPOSALS
A bidder failing to meet the following conditions will be disqualified from consideration:
A. Proposals must conform to the required deadline. Bidder must submit five (5) copies of their
proposal.
B. Proposals shall be submitted on recycled paper, with at least 30% post-consumer content.
C. The Contractor must accept all materials for off-loading City vehicles at the same location(s).
Under no circumstances will the City agree to tip part of a truckload at one facility and then
part of the same load at a second facility.
D. Proposals will be disqualified if the cost section includes the possibility of the City paying the
bidder for acceptance of materials.
E. Proposals will be disqualified if the proposed methodology for calculating lacks specificity
for comparative purposes.
F. Proposal will be disqualified if the proposal does not indicate acceptance and diversion of all
materials currently included in the City's recycling collection program.
G. At the discretion of selection committee members, a proposal may be disqualified if it is
considered fatally flawed in any section. That is, a proposal may score highly in all categories
except one section, but if that section is essentially unresponsive to the City's needs, the
proposal may be disqualified.
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Professional Services Agreement For Processing Recycling Materials 9-05 Draft I
2006-395
EXHIBIT B
~ Burbank Recycling Inc.
vo<:7
City of San Bernardino
Ken Fischer
300 North "0" Street
San Bernardino, CA 92418
Dear Mr. Fischer,
1 received your September 20, 2006 letter (sent certified mail) stating the following:
1. Council subcommittee members are concerned that the percentage of waste in our
recycle collection is so high.
2. Council subcommittee members believe that we can improve material mix.
3. Council subcommittee members want to give staff time to work toward
improvement in the material mix.
Based on the above three points, my company has been asked: "what change, if any, there
would be in your original proposal if we change the term of the proposed agreement from
seven years to three years?"
Burbank Recycling Inco's response:
,
The processing of any city's single-stream residential curbside is not a short-term
operational plan. Operationally, one needs to organize/mobilize equipment, staff, location
and marketing. Three years is a short-term operational plan. Seven years with three one-
year options, is a longer term consideration which provides the cOntractor and the city
time to develop/improve a sustainable program. Therefore, I would like to propose the
following which I believe provides the City of San Bernardino the immediate financial
security/upside it desires in the short term (while its recyclables are heavily
contaminated) as well as longer term upside once the said recyclables are improved in
regards to material quality.
1. Burbank Recycling IDc (BRI) will pay the City of San Bernardino $15 per ton net
of residue for the first three years of the contract. Current residue levels are
between 40% and 52%. Burbank Recycling Inc will protect the City with a 40%
residue floor. Therefore, at no time during the first three years will the City be
paid less than $9 per ton for its curbside material.
2. Years four, five, six, seven (and any of the three, one-year options) will undergo
an annual detailed waste characterization audited by both parties. Based on the
audited results, the City's net of residue per ton payment will be increased as
follows:
500 South Flower St., Burbank, CA 91502 - TEL: 818-841-9700 - FAX: 818-841-9465
~
2006-395
~~ Burbank Recycling Inc.
va~
a. If the City reduces its curbside material residual rate to 30%, BRI will increase
the net of residue per ton payment to $20 per ton.
b. If the City reduces its curbside material residual rate to 25%, BRI will increase
the net of residue per ton payment to $22.50 per ton.
c. If the City reduces its curbside material residual rate to 20010, BRI will increase
the net of residue per ton payment to $25 per ton.
d. If the City reduces its curbside material residual rate to 15%, BRI will increase
the net of residue per ton payment to $30 per ton.
e. If the City reduces its curbside material residual rate to 10010, BRI will increase
the net of residue per ton payment to $40 per ton.
I feel this provides the best long-term solution for BRI and the City. BRI will be able to
build a sustainable business around the City's curbside materials (Le.: gear up
operational, logistical, marketing infrastructure) and the City will benefit from immediate
short-term pricing protection while the material is dirty and still derive financial benefit
once the said material is improved in terms of quality.
I hope this offer is to the City's satisfaction as I am looking forward to building a seven
to ten year relationship with the City of San Bernardino.
.
Sincerely,
~som
President
500 South Flower St., Burbank, CA 91502 - TEL: 818-841-9700 - FAX: 818-841-9465
2006-395
EXHIBIT "C"
FEE SCHEDULE
YEAR ONE: Contractor will pay City $15 per ton less a 40% weight deduction for
residual. Example: If the City delivers 1500 tons during a given month to Contractor the
following year-one calculation will apply: 1500 tons less 40% = 900 tons x $15 per ton =
$13,500 net payment. YEAR TWO: Contractor will pay City $15 per ton less a 40%
weight deduction for residual. Example: If the City delivers 1500 tons during a given
month to Contractor the following year-two calculation will apply: 1500 tons less 40% =
900 tons x $15 per ton = $13,500 net payment. YEAR THREE: Contractor will pay City
$15 per ton less a 40% weight deduction for residual. Example: If the City delivers 1500
tons during a given month to Contractor the following year-three calculation will apply:
1500 tons less 40% = 900 tons x $15 per ton = $13,500 net payment. At the end of year
three, a mutually audited waste characterization will be performed that will potentially
increase the Contractor payment to the City during year four. If the said waste
characterization demonstrates that the City's residual reduces to 30% or below, the
Contractor's payment to the City increases from $15 per ton to $20 per ton. If the said
waste characterization demonstrates that the City's residual reduces to 25% or below,
the Contractor's payment to the City increases from $15 per ton to $22.50 per ton. If the
said waste characterization demonstrates that the City's residual reduces to 20% or
below, the Contractor's payment to the City increases from $15 per ton to $25 per ton. If
the said waste characterization demonstrates that the City's residual reduces to 15% or
below, the Contractor's payment to the City increases from $15 per ton to $30 per ton. If
the said waste characterization demonstrates that the City's residual reduces to 10% or
below, the Contractor's payment to the City increases from $15 per ton to $40 per ton.
The above waste characterization and potential per ton price change will happen at the
end of year three, four, five, six, seven and any extensions mutually agreed to by both
parties. At no time during the contract will the Contractor charge the City or increase the
residual deduction to more than 40%.
Page 16 of 19
2006-395
EXHIBIT "0"
PROJECT SCHEDULE
Page 17 of19
2006-395
EXHIBIT "En
Processing of Recycling Materials
Services to be provided are specified below:
Contractor will accept materials for recycling from the City's recycling Program serving
single-family residences and commercial accounts.
Contractor will provide a facility at the location specified below for Off-loading City
recycling trucks. The facility will be available to begin accepting materials by November
13, 2006. The designated facility is:
Inland Regional Material Recovery Facility
2059 E. Steel Road
Colton, CA 92324
Unloading Time/Truck Turn-around Time-Each City recycling truck entering the
Contractor's facility shall have a maximum of 15 minutes turnaround time from the time
the truck arrives at the facility until the time the truck exits the facility. The 15-minute
turnaround time shall apply under all circumstances.
The Contractor shall either provide separate scales, ingress and egress from their
facility or otherwise accommodate City vehicles to avoid queuing City vehicles behind
self-haul trucks
Contractor shall provide a means to avoid "stacking" of recycling trucks on public streets
as they enter their facility(s). Contractor shall provide City trucks preference over the
general public to facilitate off-loading efficiencies and turn-around time.
Accounting System - Contractor shall design an accounting system for all
Recyclable materials delivered by City trucks. The accounting system must be
developed by the Contractor and approved by the City prior to program start-up.
Commingled materials on City trucks shall be accounted for based on factors derived
from periodic sampling, separate processing, or by other means as agreed to by the
City, to establish factors for the percent of each material.
The Contractor shall comply with all Federal, State and local regulations that apply to
recyclable materials delivered to them by City recycling trucks under the terms of this
agreement.
Unmarketable Materials - In no case shall the Contractor take any City delivered
recyclable materials to a disposal facility unless permission in writing is provided by the
City on a load-by-Ioad basis. If the Contractor can demonstrate that a material is not
marketable, such permission shall not be unreasonably withheld. This provision does
not apply to residue that is incidental to processing recyclables.
Page 18 of 19
2006-395
Contractor will provide for alternative off-loading methods in the event of reasonable
down -time due to repair and maintenance of equipment. Contractor shall maintain
adequate space to stockpile recyclable materials during such reasonable down time for
acceptance of material without a break in service. "Reasonable down time" shall be
defined as less than one day each operating month.
Contractor shall be responsible for disposal of residue from processing of City
recyclables at no charge to City.
Contractor's facilities shall be open to receive materials from City trucks Monday
through Saturday, year round. Facilities shall be open to receive City materials from
6:30 a.m. to 5:00 p.m.
Contractor shall provide an area for tipping of City vehicles separate from the general
public. Contractor shall provide spotting of City trucks in areas at their facility with tight
maneuverability.
Contractor shall allow the City's representatives to inspect their facilities during normal
business hours to assure compliance with the service agreement.
With the exception of what is recognized by the recycling industry as "residue" or
"contaminants", Contractor agrees to divert all materials from landfill delivered to them
by City recycling trucks.
Contractor shall provide use of a phone to City employees in the event a City driver
needs to contact their supervisor regarding City business.
Contractor shall provide paved surfaces for all areas where City trucks will operate at
their facility. All ingress and egress from the Contractor's facility shall be paved.
Contractor shall make reasonable accommodations to provide tours of their facilities to
the public upon request by the City's representative.
The City will not furnish facilities or equipment for this Agreement.
Page 19 of 19
. . ,Da ci: ,11/612006
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Time: 9:42 AM To:
Page: 001
@ 1(BIBlB41-9465
2006-395
TWI
ACORD
~
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDM'VV)
11/06/2006
THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER (805) 585-6161 FAX (805)585-6261
TWIW Insurance Services, LLC - Lic #OE52073
Tolman & Wiker Ins - #0357216
196 S. Fir St., P.O. Box 1388
Ventura, CA 93002-1388
Attn: Deirdre Geary
INSURERS AFFORDING COVERAGE
INSURER A American Int" Specialty lines
INSURERS Conmerce 81 Industry Ins. CO.
INSURER C
INSURER 0:
INSURERE:
NAlC#
26883
19410
INSURED
Burbank Recycling Inc.
500 S. Flower Street
Burbank, CA 91502
,.nV~"'.4r.:I=~
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO'TWITHSTANDING
ANY REOUIREMENT, 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 SUBJECTTO ALL THE TERMS. EXCLUSIONS.AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS.
J~~ iW,~~ TYPE OF INSURANCE POLICY NUMBER POliCY EFFECTlVE pa~~ !~~.!..~~N U"ITS
GENERAL LIABILITY EG7554236 07/01/2006 07/01/2007 EACH OCCURRENCE . 1 000 OOC
X COMMERCiAl GENER/lJ...lIABILlTY DAMAGE TO RE~,'?.. ~...\ . 1. 000, OOC
== ~ CLAIMS MADE 0 OCCUR f;ED EXP (My one pel'5on) . 1 000 OOC
A PERSON/lJ... & ADV INJlFY . 1 000 OOC
- 2,OOO,00C
GENERAL AGGREGATE .
GEN'L AGGREGATE LIMIT APPliES PER PRODUCTS - COMPfOP AGG . 2 000 OOC
Xl POLICY n ~~ n LOC
AIJT'OMOBIL.E LIABILITY CA7554238 07/01/2006 07/01/2007 COMBINED SINGLE LIMIT
- (Ee8Ccidenl) I l,OOO,OOC
my AUTO
-
- ALL OWNED AUTOS BOOllYINJURY
(Per person) .
B X- SO-EOOLED AlJTOS
HIRED AUTOS BOOILYINJl..RY
X- .
NON-OWNED AUTOS (Pereccidenl)
-
- PROPERTY DAMAGE .
(Perl!lccident)
GARAGE LIABILITY AUTO ONLY * EA ACCIDENT .
~-.ANY AUTO OTHER 1HAN EAACe I
AUTO ONLY: "'G I
:K]ESSAJMBRELLA LIABILITY EGU7554237 07/01/2006 07/01/2007 EACH OCC~RENCE . 4 000 oor
X OCCUR 0 CLAIMS MPDE AGGREGATE . 4,OOO,00C
A .
::;:1 DEDUCTIBLE .
X RETENTION . 10,OOC .
WORKERS COMPENSATION AND l.weSTAll!;, I 10J);'-
EMPL.OYERS'LIABIUTY EL EACH ACCIDENT .
ANY PROPRIETORIPAATNERlEXECUTIVE
OFFICERiMEMBER EXCLUDED? EL DISEASE - EA Et.-PLOYE .
Tfyes.descnbeunder EL DISEASE - POLICY LIMIT .
SPECIAL PROVISIONS below
OiHER
DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICL.ES I EXCL.USIONS ADD~ BY ENDORSEMENT I SPECIAL PROVISIONS agents and erJ1'loyees
L: The Citry of San Bernardino and its e ected and appointed boards, officers, re named as Additional Insured as respects to the operations of the Named Insured per the attached
ndorsement. This applies only when required by written contract during the policy term. This insurance
.s primary and non-contributory to any other insurance held by the Additional Insured.
10 Days for Non-payment of Premium
The Citry of San Bernardino
300 N. "D" St reet
San Bernardino, CA 92418
SHOULD AN'{ OF THE ABOVS DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPlRAilON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAL
~ DAYS WRITTEN NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAlL SUCH NOTICE SHALL IMPOSE NO OBLlGAllON OR LIABILITY
OF AN'( Klt-Ll UPON THE tlSURER, ITS AGENTS OR REPRESENTATlVES.
AUTHORlZEOREPRESENTATlVE ~ .jJ ~
Denise Sutton AAI AIS MG
ACORD 25 (2D0110B) ang
iIlACORD CORPORATION 1 BBB
.' Da~e: 11/6/2006
W Ins Services
Time: 9:42 AM To:
Pal!e: 002
8 1(818)841-9465
2006-395
TWI
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
"Da-t:e.: 11/6/2006 Time: 9:42 AM To:
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@ 1(818)841-9465
TWI
2006-395
ENDORSEMENT NO.
This endorsement, effective 12:01 AM: 7/01/2006
Forms a part of policy no.: EG7554236
Issued to: Burbank Recyling, Inc
By: American International Specialty Lines Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED I PRIMARY COVERAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY
POLLUTION LEGAL LIABILITY COVERAGE FORM
SCHEDULE
In consideration of an additional premium of $INCLUDED, it is hereby agreed that the following is
included as an Additionellnsured as respects Coverege's A and B and then only for liability arising
out of your ongoing operations performed for the Additional Insured by or for you.
Additional Insured: Blanket where required by written contrect.
This does not appiy to bodily injury or property damage arising out of the sole negligence or willful
misconduct of, or for defects in design furnished by the Additional Insured.
As respects the coverage afforded the Additional Insured, this insurance is primary and
non-contributory, and our obligations are not effected by any other insurance carried by such
Additional Insured whether primary, excess, contingent, or on any other basis.
This endorsement does not increase the company's limits of liability as specified in the declarations
of this policy.
All other terms, conditions and exclusions remain the same.
2006-395
TWI-i
Date: 11/6/2006
W Ins Services
Time: 9:42 AM
Page: 004
To:
@ 1(818)841-9465
CERTHOLDER COPY
SL
STATE
COMPENSATION
INSURANca
FUND
P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 11-08-2008
GROUP:
POLICY NUMBER: 1833208 -2008
CERTIFiCATE 10: 2
CERTIFICATE EXPIRES, 07-01-2007
07-01-2008/07-01-2007
THE CITY OF SAN BERNARDINO
300 N 0 ST
SAN BERNARDINO CA 82418-0001
SL
~DB:VERIFICATION OF COVERAGE
This is to certify that we have issued a valid Workers' CompenSJtion insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated
This policy Is not subject to cancellation by the Fund except upon30 days advance written notice to the employer.
We will also give you 30 days advance notice should this polley be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement. term or condition of any contract or other document
with respect to whicn this certificate of insurll'1ce may be issued or to which it may pert.in. the insurance
afforded by the policy described herein is subject to all the terms. exclusions. and conditions. of such policy.
~REPRESENTATI
EMPLOYER'S LIABILITY LIMIT
~
PRESIDENT
INCLUDING DEFENSE COSTS' $1 ,000.000 PER OCCURRENCE.
ENDORSEMENT #1500 - GEOFFREY FULSON P,S T - EXCLUDED.
ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2006 IS
--ATTACHED TO AIIl FORMS A PART OF THIS POLICY.
EMPLOVER
BURBANK RECYCLING INC
500 S FLOWER ST
BURBANK CA 81502
SL
(REV.2-0lS)
[817,SLJ
PRINTED 11-08-2008
.' Eaiao: 11/6/2006
W Ins Services
Time: 9:42 AM To:
Page: 005
@ 1(818)841-9465
2006-395
POLICYHOLDER COPY
STATE
COMPENSATION
INSURANCE
FUND
P,O, BOX 420807, SAN FRANCISCO,CA 94142,-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSU! DATE: "-OB-2008
GROUP:
POLICY NUMBER; '83320B-200.
CERTIFICATE 10, 2
CERTIFICATE EXPIRES; 07-01-2007
07-01-200B/07-0'-2007
THE CITY OF SAN BERNARDINO
300 N 0 ST
SAN BERNARDIND CA 82418-0001
SL
w08:VERIFICATIDN DF CDVERAGE
This is to certify that we have issued a valid Worker,' Compensation insurance policy in a form approved by th&
California Insurance Commissioner to the employer named below for the pOliCY period indicated.
This policy Is not subject to cancellation by the Fund except upon30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration
this certificate of insurance is not an insurance policy and does not amend. extend or alter the coverage afforded
by the policy listed herein. Notwithstandin~ any requirement. term or condition of any contract or other document
with respect to whiCh this certificate of Insurance may be issued or to which it may pert.in. the insurance
afforded by the policy described herein is subject to all the terms. exclusions. and conditions. of such policy.
d::RE~ ~
EMPLDYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1.000.000 PER OCCURRENCE.
ENDORSEMENT #1BOO - GEDFFREY FULSDN P,S T - EXCLUDED.
ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2008 IS
----ATTACHED TD AN) FDRNS A PART DF THIS POLICY.
EMPLOYER
BURBANK RECYCLING INC
500 S FLOWER Sf
BURBANK CA 81502
SL
(IlEV.HI6)
[B17,SL]
PRINTED 11-08-2008
TWI
SL