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HomeMy WebLinkAbout08.A-City Attorney DOC ID: 2036 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Report/Information From: James F. Penman M/CC Meeting Date: 09/17/2012 Prepared by: James F. Penman, (909) 384- 5355 Dept: City Attorney Ward(s): All Subject: Discussion and Possible Action Re: Request for Proposals for Franchising of All Components of the City's Solid Waste Services, and Authorization to Retain Sloan Vazquez, LLC for Consulting Services Related to Selection of Private Refuse Companies Financial Impact: Integrated Waste fund: $50,000 Motion 1: Direct the City Manager to Issue "Request for Proposals for Solid Waste Collection, Receiving, Processing, Transfer and Disposal Services" Forthwith Including the Approval and Implementation of the Timeline Discussed in the Staff Report; and Motion 2: Authorize the City Manager to Execute a Vendor Services Agreement, to be Drafted by the City Manager and City Attorney and Subject to the Approval of the City Attorney, with Sloan Vazquez, LLC, Waste Management & Recycling Advisors,to Provide Consulting Services in the Selection of Refuse Companies to Franchise all Components of the City of San Bernardino's Refuse Collection and Disposal Services, Said Agreement shall not Exceed $50,000.00 without the Approval of the Mayor and Common Council. Synopsis of Previous Council Action: September 4,2012: The Mayor and Council directed that a Request for Proposal for solid waste collection be drafted and brought back for consideration at the September 17, 2012 council meeting. Background: On September 4, 2012,the Council directed that a Request for Proposal ("RFP")for the franchising of solid waste collection services be drafted and brought back for discussion and possible action on September 17,2012. Attached is a draft RFP, including attachments pertaining to obligations related to the Integrated Waste Management Division that applicants will be required to accommodate. Staff is waiting for information related to Integrated Waste Management Division employee costs and benefits, the Burrtec franchise, and numbers of bins and receptacles that will also be included as an attachment to the RFP. The following timeline is suggested: Issuance of the RFP: September 18, 2012 Request for Information re: RFP: September 20,2012 Response to RFP Due: Septembr 25,2012 Updated:9/13/2012 by Jason Simpson A 2036 Interviews to be Completed by: October 8,2012 Mayor and Council Action: October 15,2012 Services Begin: January 1, 2013 Also, on August 14,2012,the Mayor, City Manager, and City Attorney met with Sloan Vazquez, LLC,Waste Management&Recycling Advisors,to discuss assisting with the selection of private refuse companies and implementation of the City's franchising of refuse services. It is recommended to hire Sloan Vazquez, LLC to assist in the selection of refuse companies in this RFP process. Su000rtin¢Documents: Draft RFP - Solid Waste Collection,Receiving,Processing,Transfer&Disposal Services.Draft 4 (DOC) Waterman Landfill Doc. 1 (PDF) Waterman Landfill Doc. 2 (PDF) Republic Recycling Agreement (PDF) Burrtec Recycling Agreement(PDF) WDA (PDF) Rate Schell. (PDF) Budget Performance Report (PDF) Cal Franchise Agreement (PDF) Cal.Term Letter (PDF) Burrtec Term Letter (PDF) Lease schedule (PDF) Asset and Expense schedule (PDF) Jacks-Burrtec Franchise Agreement (PDF) Amendment 1 to Jack's-Burrtec Agreement (PDF) Transfer from JAck's to Burrtec (PDF) C Updated:9/13/2012 by Jason Simpson A 8.A.a v r (Draft 4) y �.. 9/13/12 2:45 p.m. 0.0 Request For Proposals For Solid Waste o Collection, Receiving, Processing, Transfer and Disposal Services Including: y 1) Refuse 2) Green Waste, Food Waste o 3) Recyclable Materials 4) Construction and Demolition Materials r A This Request for Proposals is official notification of the need for services for the City of San Bernardino (City). The City is considering the outsourcing of San Bernardino's .2 it Solid Waste Collection, including, receiving, processing, transferring, and disposing of N the City's Solid Waste Stream. c CL N The City seeks to study and evaluate, for a trial period, an outsourcing option. It is ° e contemplated that the City may be divided into two solid waste collection zones; that the ; w City may partner with two refuse hauling companies that will engage in managed r competition for a trial period that will encompass a number of years to be negotiated. c In an effort to identify participants in this process that meet the City's needs and requirements with regard to company resources, local facilities, industry knowledge, L community knowledge and the ability to respond to future programs and requests of the a City, the City Council will evaluate qualified applicants to the Request for Proposals (RFP). The Mayor and Council will review and select the most qualified responsible bidder(s) for the project. The purpose of this request is to attract experienced applicants qualified to provide the City with the following exclusive Solid Waste services. In addition to providing an operations plan, the applicant should address the following a issues at a minimum. Applicant should be willing to: o 1. Accept re-assignment of all equipment leases and/or equipment purchases, or d comparable disposition of property, related to the Integrated Waste Management Division including: a.Vehicles. y b.Bins and containers. a 2. Accept re-assignment of all equipment leases and/or equipment purchases, or t comparable disposition of property, related to the street sweeping services, R including vehicles. ° v 2 U U Page 1 a Packet Pg.87. S.A.a v 3. Hire all qualified City municipal solid waste and street sweeping employees to N include: ° a a. Seniority. b. Wages. o c. Benefits. N Dismissal of any former City employee from applicant for any reason(s) other than a failed drug or alcohol test or excessive motor vehicle accidents must be c reviewed and approved by the City's Human Resources Department for the term of the agreement. N 4. Pay a minimum monthly franchise fee of at least seven hundred and fifty e thousand dollars ($750,000.00) due on or before the 15th day of each month for m the life of the Agreement, said amount to increase proportionately with any increase in rates due to a consumer price index increase or otherwise. 5. Pay to the City 50% of any monies recovered related to recyclables. N 6. Implement the City's current Collection Service Provider Franchise Fee Program. a 7. Provide and implement a smooth service transition plan with the equitable OR division of residential and commercial accounts if needed. A 8. Receive and collect all solid waste generated within the City's collection ro boundaries for processing, marketing and transfer, including any residual waste w for ultimate disposal in a licensed landfill operated in compliance with all permits and local, state and federal regulations. Any response must demonstrate the ~ � m following: N a. Ability and resources to provide all labor, materials and equipment to perform complete residential, commercial and industrial solid waste a` collection services for the City within the City's collection boundaries. m b. Ability to assume and expand the City of San Bemardino's current Solid `> Waste Collection Programs, complying with all State mandated requirements. c. Ability to assume the City's current rate schedule with no proposed 2 .0 increase for the period of the agreement. d d. Ability to compensate the City in the form of a franchise fee or system L) lease fee at a rate commensurate with the amount listed above. y e. Ability to purchase and or assume any lease agreements, for all City solid 3 waste collection vehicles and equipment. a 0 f. Sufficient capacity "use rights" to a permitted delivery or tipping site (a N transfer station, landfill, or tipping floor), and a g. Sufficient capacity and "use rights" to a permitted Materials Recovery Facility (MRF) able to receive all waste generated within the City and o located within a 12 mile radius of City Yards (234 S. Mt. View Avenue, San Bernardino) E s U �' 10 Page 2 a PacketPg. 88 8.A.a h. Long-term disposal capacity (and "use rights" if the landfill is owned by a y third party) to accept all the solid waste generated and collected within the a collection boundaries of the city, with alternative disposal site(s) if the designated landfill is permanently or temporarily closed to all disposal c traffic for any reason, and Solid Waste Facility Permit (SWFP) number(s) N for all facilities submitted by the bidder listed on the RFP response cover N page and checklist, and o Price per ton for all solid waste including green waste, food waste, residential waste, commercial waste, recyclables, and construction and N demolition materials. v 9. Receive, process and transfer all residential and commercial green waste and/or food waste collected within the City's collection boundaries. Any response must q demonstrate the processing method and cost or price per ton for all green waste collected. Receive, process and transfer all residential and commercial single z stream recyclables collected within the City's collection boundaries. Any v, response must demonstrate the processing method, process for paying the City a for recycled materials, and price per ton for all recyclable "commodities" n collected. Receive, process and transfer all construction and demolition waste o material collected within the City's collection boundaries. Any response must 0 demonstrate the processing method, and cost or price per ton for all construction N and demolition waste collected. 10.Receive, process and transfer electronic waste, household hazardous waste, bulky items, tire collection, holiday tree collection, and periodic special collection days. 11.Provide monthly reports to the City showing the tonnage of all solid waste and materials received, processed, transferred and/or disposed for the purpose of a` reporting City's diversion of waste pursuant to the requirements of AB 939, AB m 341 and any other federal, state, or local requirements. Applicant will be required to provide all legally required documentation to all applicable agencies demonstrating compliance with state and federal laws either on behalf of the City or in conjunction with the City, including, but not limited to, inspection of records o upon reasonable request. 12.1-ease, if desired, portions of the City's corporate yards and/or garage bays and/or fueling stations. U 13.Provide waste collection services to all City owned properties, City special N events, and other City related services, including but not limited to, Code 3 Enforcement, City buildings, and parks, free of charge. v 14.Implement a billing and collection system to be solely implemented and operated y by applicant, subject to inspection by the City upon reasonable request. 15.Save, defend, indemnify and hold harmless the City and shall provide and maintain in effect policies of comprehensive public, general and automobile r liability insurance, in the amount of $1,000,000.00 combined single limit, and c statutory worker's compensation coverage. The City shall be set forth as an ® additional named insured in each policy of insurance and the Certificate of v Insurance furnished to the City shall require the insurer to notify the City at least Page 3 a Packet Pg. 89 m 30 days prior to any change in or termination of the policy. y 16.Applicant shall also be required to provide a bond in the amount of a $ .00. v 17.Provide public education and outreach related to applicable topics as required by A law or otherwise. o 18.Allow the City to maintain flow control of waste streams. 19.Meet or exceed the following diversion standards: y a. 50% or greater diversion by December 31, 2012 0 b. 55% or greater diversion by December 31, 2016 c. 70% or greater diversion by December 31, 2020. N Applicants must clearly identify any exceptions to the proposal. If selected, the applicant will be required to deposit $ with the City within 15 days of the o award of the contract. "m u Proposals must include a response for collection, receiving, processing, transfer and y disposal services of refuse, green waste, construction and demolition materials, and "o recyclable materials for an initial contract term for a number of years. y 0 All questions concerning the intent, meaning, and interpretation of the RFP documents or for additional information shall be submitted in writing and received no later than 2:00 p.m. PDT on September 20, 2012. Written inquiries shall be addressed to: 2 Ms. Andrea Travis-Miller d Acting City Manager o City of San Bernardino a 300 N. D Street = San Bernardino, CA 92418 0 d The City reserves and holds at its discretion the following rights and options: o U d 1. Issue addenda to the Request for Proposals, including extending or otherwise 0 revising the timeline for submittals; d 2. Cancel the Request for Proposals; 3. Request clarification and/or additional information from the Proposer at any point v in the procurement process; 4. Execute a Franchise Agreement on the sole basis of the original proposal or any a additions to proposal submissions; z 5. Reject any or all Proposals, waive irregularities in any Proposal, accept or reject all or any part of any Proposal, waive any requirements of the Request for ° Proposals, as may be deemed to be in the best interest of the City; d 6. Re-issue the RFP; Page 4 a PacketPg.90 . 8.A.a m 7. Amend the City's Municipal Code; 8. Modify the RFP and Agreement through published Addenda; and/or a° 9. Take any other action it deems in the best interest of the City, its residents and A businesses. `o a The submittal of a proposal does not guarantee that the firm will be selected to perform the services requested, and does not bind or obligate the City in any manner. The o submittal of a proposal only serves notice to the City that the firm desires to be M; considered. The City staff will evaluate the proposals received and will recommend that N the Mayor and Council award a contract to one or more firms with the highest rated and v best proposals. c` w Applicants should review and accommodate the attached documents prior to submitting a response. The attached documents identify and reflect various costs and obligations N associated with the Integrated Waste Management Division at this time. m a 0 a Applicants are requested to provide the City with five (5) copies of their narrative o proposal and a separate materials handling price proposal in a sealed envelope no later T than September 25, 2012. Sealed submittals may be hand delivered or mailed to: a c © F` City of San Bernardino c City Manager d 6th Floor o 300 North D Street a C6 San Bernardino, CA 92418 Attention: Andrea Travis-Miller, Acting City Manager v z LATE SUBMITTALS WILL NOT BE ACCEPTED o U d O U v N >R a_ 0 a LL 0 C L N Page 5 a PacketPg.91 a Request For Proposal N For Solid Waste a Collection, Receiving, Processing, Transfer and Disposal Services 0 The City requires the applicants to demonstrate their qualifications to perform the requested services, and meet their contractual and financial commitments. Provide w information in sufficient detail to allow the City to assess the company's ability to collect, ° process and ultimately dispose of all of the City's refuse ' including green waste, food o waste, residential waste, commercial waste, recyclable materials, and construction and demolition materials. Also, describe your company and staff qualifications as they relate x to successfully implementing the proposed services described. Information provided c must include the following: 1. Basic Information. State the name and address of the company that would sign m any agreement with the City. Include the name, address, phone number, fax N number, email address and title of a contact person. State the names of any y other company or entity that will share significant substantive responsibilities as c team members under any agreement with the City. d w 2. Company Description. Identify the organizational structure of your company, and any other information you believe is important in the City's decision-making r process. Identify principal owners, corporate officers and majority shareholders. .N m 3. Company Qualifications. Fully describe the services provided by your o company currently or in the past that are directly relevant to the proposed a` services. Provide names and phone numbers of municipal clients over the past m five years as references of your company's experience. W U 4. Residential, Commercial and Industrial Solid Waste and Recyclables Collection. Demonstrate contractors ability and resources to provide all labor, o materials and equipment to perform complete residential, commercial and industrial solid waste collection services for the City of San Bernardino within the City's collection boundaries.: v N 5. Landfill, Material Recovery Facility (MRF), Transfer Facility References. List all the waste landfills and/or MRF / transfer stations your company operates a within a 12 mile radius of City Yards (234 S. Mt. View Avenue, San Bernardino). N Include all pertinent information regarding the site (s), including, but not limited to, length of time your company has been operating the facility, whether it is company owned or a contract operation, tons per year received and maximum r permitted tonnage, remaining contractual term for operating the facility, o remaining capacity in tons and years, any fines, penalties, citations, license or permit suspension, or other enforcement actions against the facility, and client reference name(s) and phone number(s). U a Page 6 PacketPg. 92 d 6. Green Waste Sites. List all the green waste sites, including materials recovery a facilities (MRFs) your company operates within twelve (12) miles of City Yards (234 S. Mt. View Avenue, San Bernardino). Include all pertinent information m regarding the site (s), including, but not limited to, length of time your company o has been operating the facility, whether it is company owned or a contract 0 operation, tons per year received and maximum permitted tonnage, remaining N contractual term for operating the facility, remaining capacity in tons and years, c any fines, penalties, citations, license or permit suspension, or other enforcement o actions against the facility, and client reference name(s) and phone number(s). v 7. Recyclable Materials Sites. List all the recyclable materials sites, including materials recovery facilities (MRFs) your company operates within twelve (12) 0 miles of City Yards (234 S. Mt. View Avenue, San Bernardino). Include all pertinent information regarding the site (s), including, but not limited to, length of it time your company has been operating the facility, whether it is company owned N or a contract operation, tons per year received and maximum permitted tonnage, y remaining contractual term for operating the facility, remaining capacity in tons o and years, any fines, penalties, citations, license or permit suspension, or other c enforcement actions against the facility, and client reference name(s) and phone number(s). d N C S. Construction and Demolition Processing. List all the construction and demolition materials sites, including material recovery facilities (MRFs) your m company operates within twelve (12) miles of City Yards (234 S. Mt. View N Avenue, San Bernardino). Include all pertinent information regarding the site (s), u including, but not limited to, length of time your company has been operating the 0 facility, whether it is company owned or a contract operation, tons per year a received and maximum permitted tonnage, remaining contractual term for operating the facility, remaining capacity in tons and years, any fines, penalties, 0 citations, license or permit suspension, or other enforcement actions against the 0 facility, and client reference name(s) and phone number(s). `o 9. Added Value Programs. Describe any added value programs that your v company will provide to the City at no extra cost to enhance the City's efforts to u reduce, reuse, recycle, and resource to recovery. N R 10.1-ocal Jobs. Describe the number of current employees at facility listed. o Describe the number of potential local jobs that would be added at existing or N new facilities if this contract is awarded. For the purpose of this RFP, a "local o job" is defined as a job that will be performed within the City of San Bernardino. x A 11.Legal Investigations. State whether your company, parent company, o subsidiaries, or any of the officers thereof, are currently or have been (over the v past five years) under investigation by any local, state, or federal jurisdiction t Page 7 a PacketPg. 93 d related to its business activities. Describe the circumstances of any such y `-- investigation in detail. Provide the name of the company, affiliate, and officers a under investigation. Describe findings of any past investigation(s), or the status of any pending investigation(s). For national companies limit the disclosure to A business activities in California. o .w w The City requires the applicants to demonstrate their qualifications to perform the y requested services, and meet their contractual and financial commitments. Provide information in sufficient detail to allow the City to assess the company's ability to satisfy o the terms of this Request for Proposals. a x m 0 w u it d N m w O 6 w O aC d w w c m F cm c .N w d u O a` m c u d a: 0 u v O V v N A O N a LL C d E r U A Page 8 a Packet Pg. 94 Geo-Logic A S S O C I A T E S o September 1,2012 rn PN12-185 0 c 0 City of San Bernardino m Public Works Department 300 North D Street,Fourth Floor a San Bernardino,CA 92418-0001 m m d Attention: Mr.Robert G.Eisenbeisz,Acting Director of Public Works v RE: PROPOSAL FOR SERVICES ) GROUNDWATER MONITORING AND REPORTING WATERMAN LANDFILL,SAN BERNARDINO,CA 3 a As you may be aware, Geo-Logic Associates' (GLA's)contract with the City of San t°n Bernardino(City) for groundwater monitoring and reporting services at the City's Waterman Landfill will expire on July 31,2012. GLA has provided these services since 2002,and has a been able to do so on time and within budget. Now that our contract term is expiring,GLA proposes to provide the same services for the upcoming year(August 2012 through July 2013). `o c GLA will continue to provide experienced field technicians and geologists to sample .0 Waterman Landfill monitoring wells and a state-certified testing laboratory to analyze a groundwater samples. Laboratory results will be reviewed for accuracy and tabulated for integration in complete and thorough monitoring reports that will be submitted to the Santa N Ana Regional Water Quality Control Board(RWQCB). Costs for these services will not o a exceed$20,543 over the next 12 months,unless unusual conditions are encountered and your a prior authorization is received. This represents a$6,400 savings from our earlier contract for routine services and reflects the decreased monitoring schedule that may be allowed by the `o_ RWQCB under new Order No. R8-2012-0014. The RWQCB's Order reduces the City's field m sampling and reporting schedule from quarterly to semi-annually,but first requires that the m City submit a Report of Waste Discharge (ROWD)to the RWQCB by August 31,2012 that o substantiates the suitability of the monitoring schedule change. M O A detailed accounting of GLA's estimated costs for the project are attached here in Table 1. These costs reflect our best estimate of the time and resources that will be required for the project, and include our field sampling,reporting, and laboratory analytical costs as well as our o costs to prepare the monitoring reports. A separate task is also included on Table 1 for ° preparation of the ROWD document. This is a"one-time"task,and an updated ROWD should a not be required from the RWQCB for many years unless the City elects to change the end-use J function of the property. m E GLA appreciates the opportunity to continue to provide professional services to the City of San ` Bernardino. If you have any questions regarding this proposal or the project as a whole,please 3 do not hesitate to contact me or Terri Satterfield at(909) 626-2282. E E s ^ o (v' 1831 Commercenter East, San Bernardino,CA 92408 Phone(909)383-8728 FAX(909)383-8732 a i I PacketPg.95 o If the City would like to retain GLA for the Waterman Landfill monitoring and reporting rn project for the next year,please complete and return the attached Standard Engineering o Services Agreement and identify your referencing Purchase Order number. c c GeoLogic Associates, d a O A N d Ralph A.Murphy,CEG,CHg. N Vice-President m m 3 v Attachment: Table 1 —Estimated Project Costs 'o Standard Engineering Service Agreement N d Cc: Javier Ochiqui, Public Works Department n. Deborah Allen,Environmental Projects Manager r c O c O U Q a 0 a v c M 0 0 N N_ U N_ D b M O N U O CJ C J C A E d N C N E s u wLMRP2ot2.d.. 2 Geo-Logic Associates PacketPg.96 k 0 k ID ■ ! . § § ) ) ) ) | £IL e00 � | 222 ! � ! § ) 5 LLI / o � L _ / k ) IL oo > � M � - jWZ \ 0k - - LU � 2 / \ , / � § - § ! ) � * ■ ( ` wo = ® ! ! § { | § E- FrTckofft.97 Geo-Logic Associates Engineering Services Agreement September 1,2012 0 N PARTIES 6 This Agreement, entered into at San Bernardino, California, is made this _day of 2012 c between: c v City of San Bernardino and Geo-Logic Associates(GLA) z 300 N."D" Street,Fourth Floor 1831 Commercenter East '0 San Bernardino,CA 92418-0001 San Bernardino,California 92408 m d Attn: Mr.Robert G. Eisenbeisz,Acting Director of Public Works @ hereinafter called"Client" hereinafter called"Consultant" N m N PROJECT M Client engages Consultant to provide groundwater monitoring and reporting services in connection with: 0 0 PROPOSAL FOR SERVICES N GROUNDWATER MONITORING AND REPORTING WATERMAN LANDFILL,SAN BERNARDINO,CA a LL SCOPE OF SERVICES Consultant agrees to perform services as follows: o C 0 See attached proposal dated September 1, 2012 Proposal Number P12-185 from August 1, 2012 to July 31, 2013. Client agrees that all services not expressly included are excluded from Consultant's Scope of Services. @ a .y COMPENSATION c IL Project costs will be accrued on a quarterly lump sum basis and will not exceed $20, 543 without client's a prior authorization. 0 Project cost estimate is valid for 60 days from the above date. .N U U Client and Consultant acknowledge that each has read and agrees to the Terms printed on the reverse side of this v—' document which are incorporated herein and made a part of this Agreement and apply to all services performed by consultant regardless of whether such services are included in the Scope of Services above. Furthermore, Client acknowledges that he has read, understands and accepts Consultant's warranty and limitations of liability as N described in Sections 6 and 7. Client: City of San Bernardino Consultant: Geo-Logic Associates o By' By' v c Title: Title: c Date: Date: E `v m 3 c @ E s U a Page 1 of 3 Paeket Pg.98 TERMS AND CONDITIONS TERMS A Payment is due upon presentation of invoice and Is past due thirty(30)days from invoice date. Past due accounts are subject to a finance charge of O one and one-haft percent(1-1/2%)per momh,or the maximum rate allowed by law. a) 46 INSURANCE C O GLA carries workers compensation,comprehensive general liability,automobile and professional liability insurance,with policy limits which normally are ,C acceptable to most clients. The cast for this Insurance is covered by the fees listed in this schedule. Any special Insurance required by the Client, to including increases in policy limits,adding additional insured parties and waivers of subrogation,can be made available at an additional cost. Unless m otherwise stated,such charges are in addition to the estimated or maximum charges slated in an accompanying proposal. V 1. Payment Terms-Client agrees to pay GLA's invoices(billed monthly)upon receipt. Interest of 1-1/2%per month(but not exceeding the maximum tCp allowable by law) may be added to any account not paid within 30 days. It Is agreed that any attorney's fees or other cost Incurred in collecting any w delinquent amount shall be paid by the Client. Hourly rates and cost estimates do not include sales tax; these will be added in any applicable jurisdiction. No deduction shall be made from GLA's invoices on account of retention or liquidated damages, unless expressly included in the •2 Agreement. After five days prior notice to Client,GLA may suspend services unfit paid an invoices over 60 days,which are not reasonably in dispute. m N 2 O rtime/MlnimumrRUah Charges-If required,hours worked on any project in excess of eight hours per day,before 7!00 a.m.or attar 5:00 p.m., m or on weekends, will be charged at 14D%of the regular hourly rate, unless special arrangements are agreed upon in advance. Work on national H holidays will be charged at an additional premium depending on the project A minimum of two hours will normally be charged per site visit. M 3. Testimony-Whether as"witness to fact-or-expert witness',should GLA or any GLA employee be compelled by law to provide testimony or other 9 evidence by any party, whether at deposition, hearing or Ina], in relation to services provided under this Agreement, and GLA is not a party In the O dispute, then GLA shall be compensated by Client for the associated reasonable expenses and labor for GLA's preparations and testimony at U) appropriate unit rates. It GLA or a GLA employee acts as an expert witness on matters outside the scope of a particular consulting services contract, ci expert witness fees will be charged both for preparation for and attendance at any hearings. K IL 4. Termina8on-Either parry may terminate this Agreement without cause upon 30 days prior written notice. This agreement will terminate upon the K Insolvency of Client. In the event Client requests termination prior to completion of proposed services,Client agrees to pay GLA for reasonable charges Incurred to date and associated with lamination of work.Upon lermination,paragraphs 3,8,14 will survive in full force and effort. 0 c S. Site Operattony-Client will arrange for right-of-entry to the property so that GLA and its subcontractors can perform all tasks outlined in GLA's O proposal or required by this Agreement. Client represents that n possesses necessary permits and licenses required for the activities of GLA act its subcontractors at the site. While GLA will take all reasonable precautions to minimize damage to the property, Client agrees that GLA shall not be Q liable for damage or injury arising from damage to subterranean structures(pipes,tanks, phone lines, pipelines,etc.)which are not called to GLA's 0 attention in writing and correctly identified on plans furnished by the Client In connection with work performed under this Agreement. d N 6. Relationship of Partles/Standard of Care—GLA agrees to provide those specific consulting services set out in its fee proposal or in the forth of N agreement attached hereto as an independent contractor to the Client. These services are for the sole benefit and exclusive use of the Chem. No D. other party shall be entitled to rely upon any work products provided to the Client and GLA shall not be responsible to any such third party with respect v to any statements contained in such reports. O GLA will use the degree of skill and care in the performance of the consulting services ordinarily exercised by reputable members of its profession, p practicing in the same or similar localities at the time of the performance of such services based on the thencurent stale of practice. DUE TO THE Z NATURE OF PROFESSIONAL CONSULTING SERVICES PROVIDED, NO OTHER WARRANTY OR GUARANTEE, WHETHER EXPRESS OR IMPLIED, IS OR CAN BE MADE IN OR INTENDED BY GLA'S PROPOSAL,UNDER ANY AGREEMENT OR IN ANY REPORT PROVIDED BY GLA O AS A RESULT OF SUCH CONSULTING SERVICES. GLA'S LIABILITY UNDER THIS WARRANTY SHALL BE RESTRICTED TO THE DIRECT m COSTS OF REPERFORMING THE SERVICES HEREUNDER AND IN NO EVENT SHALL GLA BE RESPONSIBLE FOR ANY CONSEQUENTIAL LOSSES WHICH CLIENT MAY SUFFER AS A RESULT OF ANY BREACH OF THE WARRANTY HEREUNDER. m M T. Rofessional LiebilRI - CLIENT AGREES THAT THE LIABILITY R ES ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND N SUBCONTRACTORS, EESING FROM OR DUE O TRA NEGLIGENT PROFESSIONAL ACT, ERROR C OMISSION BY INCLUDING ITS OFFICERS, DIRECTORS,EMPLOYEES,AGENTS AND SUBCOMRACTORS,OR ARISING FROM ANY BREACH OF CONTRACT,INCLUDING ANY BREACH OF WARRANTY BY GLA IN RELATION TO THE CONSULTING SERVICES HEREUNDER,SHALL BE LIMITED TO GLA TOTAL CHARGES. O 8. Environmental Indemnity-In connection with toxic or hazardous substances or constituents and to the maximum extent permitted by law. Client agrees to defend, hold harmless and indemnify GLA from and against any and all claims, liabilities, or judgments, except to the extent finally determined as being caused by GLA's negligence or willful misconduct, resulting from: a) Client's violation of any federal, state, or local statute, `O regulation or ordinance relating to the management or disposal of toxic or hazardous substances or constituents, b) Client's undertaking of or arrangement for the handling,removal,treatment,storage,transportation or disposal of toxic or hazardous substances or constituents,or contaminants no of any nature or kind,found or identified at the site,c)Toxic or hazardous substances or constituents introduced at the site by client or third persons c before, during or after the completion of GLA's services, d) Allegations that GLA is a handler, generator, operator, treater, stoner, transporter, or to disposer unless expressly retained by Client for such services under the Resource Conservation and Recovery Act of 1976 as amended or any other E similar federal,state or local regulations or law due to GLA's services,or e)Any third parry suit or claim for damages against GLA alleging strict liab]liry, m personal injury(including death)or property damage from exposure to or release of toxic or hazardous substances or constituents at or from the project m site before,during or after completion of GLA's services under this Agreement. 3 9. Sample Retention and Waste Disoosal -All hazardous and nonhazardous environmental and geotechnical samples and waste collected by GLA IZ or generated through field operations shall remain the sole and sxdusNe property and responsibility of the Client. All such samples and waste will be O discarded 30 days after they are received at the laboratory. Extended storage can be provided at Client's sole risk and expense. In the event Client t refuses to assume responsibility for such samples or waste,GLA retains the right to return all samples and waste,whether hazardous or not,to the @ Client. It requested,GLA will assist Client with the disposal of wastes on a time and materials basis. Q Page 2 of 3 PacketPg. 99 10. Field Representation - The presence of GLA's or its subcontractors field personnel, either full-time or part-time, may be for the purpose of providing project administration, assessment, observation and(or field testing of specific aspects of the project as authorized by Client. Should a m contractors) not retained by GLA be involved In the project, Client will advise such contractogs) that GLA's services do not include supervision or p direction of the means, methods or actual work of the contracteds),his employees or agents. Client will also inform contractor that the presence of W GUCS field representative for project administration, assessment, observation or testing, unit not relieve the contractor of its responsibilities for performing the work in accordance with applicable regulations,or in accordance with project plans and specifications. G If a contractor(not a subcontractor of GLA)is Involved in the project,Client agrees,in accordance with generally accepted most mctlpn practices,that the contractor will be solely and completely responsible for working conditions on the job site,Including security and safety of all persons and property m during performance of the work,and compliance with all Client safety requirements and OSHA regulations. These requirements will apply and property and will not be limited to normal working hours. It is agreed that GLA wilt not be responsible for job or site safety or security on the project,other than K for GLA's employees and subcontractors,and that GLA does not have the duty or right to stop the work of the contractor. n c 11.Force Maisons-Any delay in or total or partial failure an the part of GLA in the performance of any of the services outlined in GLA's proposal or in m this Agreement,caused by circumstances,events or conditions beyond the reasonable control of GLA,(including without limiting the generality of the y foregoing,acts of God,acts or inaction on the part of any governmental authority,boycotts,strikes or any other labor disputes,public disorders,dots or 0 violent demonstrations, acts of war, insurrection or rebellion or natural calamities such as explosions, fires, 0oods, earthquakes or severe weather Z conditions)shall not constitute a default on breach of this Agreement by GLA. y U) 12.Cost Estimates - If requested, GLA will use its best efforts and experience to provide realistic opinions or estimates of costs for remediation, 2 construction or other services as appropriate,based on reasonably available data,GLA's designs or GLA's recommendations. However,such opinions are intended primarily to provide information on the order of magnitude or scale of such costs and are not intended for use in firm budgeting or 0 negotiation unless specifically agreed otherwise, in wdfing with GLA. Client understands actual costs of such work depend heavily on regional .a economics,local construction practices,material availability,site conditions,weather conditions,contractor skills,and many other factors beyond GLA's — control. O rn 13.Documents-GLA will furnish Client with the agreed upon number of written reports and supposing documents. These instruments of services are K furnished for the Client's exclusive internal use and reliance. All documents prepared by GLA under this agreement shall remain the sole property of GLA. Any unauthorized use or diseribugon of GLA's work shall be at Client's and recipient's sole risk and without Iladliry to GLA. Client agrees that all LL documents famished to Client or Client's agents or designees,it not paid tor,will be returned upon demand and will not be used by Client or any other erilly K for any purpose whatsoever. Client further agrees that documents produced by GLA pursuant to this Agreement.will not be used for any project note C expressly provided for in this Agreement,without GLA's written approval. C Field tests or boring locations described in GLA's reports or shown on sketches may be based on information furnished by others or estimates made in C the field by our personnel. Such dimensions,depths or elevations should be considered as approximations unless otherwise stated in our proposal or Q f report. _d 14.Confidentiality-GLA will maintain as confldenfial any documents or information provided by Client and will not release,distribute or publish same a to any third party without prior permission from Client,unless compelled by law or order of a court or regulatory body of competent jurisdiction. H O 15. Claims -The parties agree to attempt to resolve any dispute without resort to litigation, including use of mediation, prior to filing of any suit. a However,in the event a claim resu9s in litigation,the unsuccessful party to the litigation shall pay all costs incurred in pursuing and defending the claim, 9 including reasonable attorneys fees. c m C 76. Priority Over Forth Agreements/Purchase Orders-The Parties agree that the provisions of these terms and conditions shall control over and C govern as to any form writings signed by the Parties,such as Client Purchase Orders,Work Orders,etc.,and that such forms may be issued by Client m to GLA as a matter of convenience to the Parties without sharing any of the terms or provisions hereof. U 17. S rvival - Ail revisions of this w _� p Agreement for indemnity or albcation of responsibility or liability between Client and GLA shall survive the completion of the services and the termination of this Agreement. UD 16.SeverabileN-In the event that any provision of this Agreement is found to be unenforceable under law,the remaining provisions shall continue in c lull force and effect. N 19.Assignment-This Agreement may not be assigned by either party Without the prior permission of the other, U 20. Integration -This except by a written the attached documents and those incorporated herein constitute the entire Agreement between the parries and cannot be changed except by a unities instrument signed by both parties. � `v c A J C A E `m m 3 d E U r U N Page 3 of 3 Q Packet Pg. 100 2010-260 AMENDMENT NO, 1 TO VENDOR SERVICES AGREEMENT 1 BRYAN A. STIRRAT&ASSOCIATES o 2 N This Amendment No. 1 ("Amendment 1")is entered into this 2d day of o C 3 August 2010,by and between Bryan A. Stirrat&Associates("VENDOR")and g 1c 4 the City of San Bernardino ("CITY"or"San Bernardino"). 5 @ 6 RECITALS u A. On July 21, 2008, per Resolution 2008-285, the Mayor and Common Council of it 7 @ the City of San Bernardino authorized the execution of an Agreement and m 8 issuance of a Purchase Order with three (3) one-year extensions at the City's 3 9 option to Bryan A. Stirrat & Associates pursuant to Section 3.04.010 B-3 of the 0 10 Municipal Code for Operations, Maintenance, and Monitoring of the Landfill Gas w ti 11 Extraction and Treatment System for Waterman Landfill for a not-to-exceed a LL 12 amount of$250,000, a copy of which is attached hereto as "Attachment 2" and 13 incorporated by this reference. 0`0 B. The CITY and VENDOR now desire to amend the Agreement to decrease the a 14 amount of the Agreement by $35,000 for a total not-to-exceed purchase price of n 15 $215,000 for Operations, Maintenance, and Monitoring of the Landfill Gas o 16 Extraction and Treatment System for Waterman Landfill. v c 17 C. The CITY and VENDOR also desire to amend the Agreement to include a four- c 0 18 year extension to the agreement. y U 19 0 20 AGREEMENT M In consideration of the mutual promises contained in the Vendor Services N 21 Agreement,the parties agree as follows: 22 1. Section 2 (a)of the Agreement is amended by striking$250,000 and adding o0 23 the term$215,000, v c 24 2. Section 3 of the Agreement is amended by adding thereto the following c 25 paragraph: The City hereby exercises its option to extend the contract effective for option years two and three. Additionally,effective July 1,2012,the 26 3 contract shall extend to June 30,2016. 27 3. The other provisions of the written contract are reaffirmed as originally stated. E 28 z U 1 Q " Paciciat Pg, tot ;' 2010-260 1 00 AMENDMENT NO. I TO VENDOR SERVICES AGREEMENT o 2 BRYAN A. STIRRAT&ASSOCIATES w 6 3 C c 4 IN WITNESS THEREOF,the parties hereto have executed the Agreement on the day z 5 and date first above written. 6 " U 7 Dated:C tEyQg2 r� 2010 Bryan A. Stimat& Associates m 8 By. 3 9 /ulul�rt U f�raste� C.fo 0 10 N d 11 � a. 12 Dated: _ 2010 CITY 0 SAN BERNARDINO 0 13 0 .Z 14 Q By: Charles E.McNeely, it Manager °- 15 0 0 16 ATTEST: a z c 17 [ A 18 c r C �J. ��,-✓,..f� ." 19 Rachel Clark, City Clerk w A 20 21 Approved as to form: a 22 e 0 23 James F.P an,City Attorney `v 24 By. 25 E 26 " 3 27 d e 28 U R 2 Packet Pg. 1112 2010-260 ATTACHMENT 02" 1 VENDOR SERVICE AGREEMENT 0 2 W This Vendor Service Agreement is entered into this 21 st day of July c c $ 0 4 2008, by and between Bryan A. Stirrat & Associates ("VENDOR") and the City of San W 5 Bernardino ("CITY"or"San Bernardino"). 6 WITNESSETH: 7 WHEREAS,the,Mayor and Common Council have determined that it is in the best w d 8 interest of the CITY to contract for operation,maintenance,and monitoring of the landfill gas 3 9 extraction and treatment system at Waterman Landfill; and 0 0 16 N WHEREAS, the City of San Bernardino has determined that vendor possesses the 11 a 12 professional skills and ability to provide said services for the City: C O 13 NOW,THEREFORE,the parties hereto agree as follows: o u 14 1. SCOPE OF SERVICES. a as a 15 For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the y 0 16 r1 services of VENDOR to provide those products and services as set forth in its proposal dated 17 June 26, 2008, attached hereto, marked Attachment "I" and incorporated herein by this 18 " reference as fully as though set forth at length. U 19 0 29 2. COMPENSATION AND EXPENSES. M 0 21 a. For the services delineated above, the CITY,upon presentation of an invoice, shall N 22 pay the VENDOR up to the amount of $250,000 to provide and perform those o 23 products and services described in Section 1 above. N J b. No other expenditures made by VENDOR shall be reimbursed by CITY. 25 E 26 3 27 d E 28 ?r Q Packet Pg.103 GU1V-ZbU 1 3. TERM. c N 0 2 The term of this agreement shall be from July 21, 2008 through June 30, 2009, with w 0 3 three (3) one-year extensions at the City's option. Option year one, if exercised, shall be 2 c 4 W effective July 1, 2009 through June 30, 2010. Option year two, if exercised, shall be effective b July 1, 2010 through June 30, 2011. .Option year three, if exercised, shall be effective July 1, CM 6 " d 2011 through June 30, 2012. Each option shall be exercised in the manner set forth in Section Z 7 N 8 16. « N m 9 This Agreement may be terminated at any time by thirty (30) days prior written notice 3 v 0 10 by either party. The terms of this Agreement shall remain in force unless mutually amended as 11 provided-in Section 16. a LL 12 4. INDEMNITY. 0 13 0 CITY agrees to indemnify and hold harmless VENDOR, its officers,agents and 16 14 a volunteers from any and all claims, actions, or losses, damages and/or liability resulting from a 15 N 16 CITY's negligent acts or omissions arising from the CITY's performance of its obligations a0 a 17 under the Agreement. 0 0 18 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 0 U 19 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from o An 20 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its N 21 obligations under the Agreement. 22 0 � In the event the CITY and/or the VENDOR is found to be comparatively at fault for any a 24 claim, action, loss, or damage which results from their respective obligations under the c 25 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this E 26 comparative fault. 27 28 " a Packet Pg. 104 ". 2010-260 1 5. INSURANCE. 0 2 While not restricting or limiting the foregoing, during the term of this Agreement, 0 3 VENDOR shall maintain in effect policies of comprehensive public, general and automobile .c 4 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 6 v worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk `m 6 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an '2 7 y 8 additional named insured in each policy of insurance provided hereunder. The Certificate of m 9 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or v o 10 termination in the policy. w ui 11 6. NON-DISCRIMINATION. a LL 12 In the performance of this Agreement and in the hiring and recruitment of employees, `o 19 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 14 a discrimination in employment of persons because of their race, religion, color, national origin, a 15 N 16 ancestry, age, mental or physical disability,medical conditions, marital status, sexual gender or a0 v c 17 sexual orientation,or any other status protected by law, except as permitted pursuant to Section m 0 18 12940 of the California Government Code. 3 19 7, INDEPENDENT CONTRACTOR. o 20 VENDOR shall perform work tasks provided by this Agreement, but for all intents and N 21 N purposes VENDOR shall be an independent contractor and not an agent or employee of the � 22 0 0 23 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of c 24 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment � c 25 Compensation, and other payroll deductions for VENDOR and its officers, agents, and E 26 employees, and all business license, if any are required, in connection with the services to be ; 27 performed hereunder, 0 a E 28 u m Q Packetf?g.105 "-= 2010-260 1 S. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. m 0 2 VENDOR warrants that it possesses or shall obtain,and maintain a business registration ur `o 3 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, o c 4 qualifications,insurance and approval of whatever nature that are legally required of VENDOR m s 5 to practice its business or profession. 6 d 9. NOTICES. 7 it W 8 Any notices to be given pursuant to this Agreement shall be deposited with the United U) U 9 States Postal Service,postage prepaid and addressed as follows: ; 9 10 TO THE CITY: Public Services Director U) 300 North"D"Street u 11 San Bernardino,CA 92418 Telephone: (909)384-5140 a I2 � TO THE VENDOR: Bryan A. Stirrat&Associates c 13 0 1360 Valley Vista Drive - 14 Diamond Bar,CA 91765 a Telephone: (909)860-7777 m 15 Contact:Chris Alanis 2 0 O 16 10. ATTORNEYS' FEES a v 17 M In the event that litigation is brought by any party in connection with this Agreement, o 18 y the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 'u 19 H 0 20 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of M 21 its rights or remedies hereunder or the enforcement of any of the terms, conditions or = N 22 provisions hereof. The costs, salary and expenses of the City Attorney and members of his o O 23 office in enforcing this Agreement on behalf of the CffY shall be considered as "attorneys' fees"for the purposes of this paragraph. c 25 E 26 UJ 3 27 d 28 z u m Packet Pg:i06 !' 2010-260 1 11. ASSIGNMENT. m 0 2 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or n `o 3 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior `o .c 4 written consent. Any attempted assignment,transfer, subletting or encumbrance shall be void it 5 a and shall constitute a breach of this Agreement and cause for the termination of this `m 6 a Agreement Regardless of CITY's consent, no subletting or assignment shall release VENDOR 2 7 d 8 of VENDOR's obligation to perform all other obligations to be performed by VENDOR d m m 9 hereunder for the term of this Agreement. 3 0 F10 12. VENUE. co 6 11 The parties hereto agree that all actions or proceedings arising in connection with this a. LL 12 a: Agreement shall be tried and litigated either in the State courts located in the County of San `o 13 `o_ Bernardino, State of California or the U.S. District Court for the Central District of California, 14 a Riverside Division. The aforementioned choice of venue is intended by the parties to be the a 15 y 16 mandatory and not permissive in nature. a 9 17 13. GOVERNING LAW. 0 18 This Agreement shall be governed by the laws of the State of California. w U 19 14. SUCCESSORS AND ASSIGNS, o 20 This Agreement shall be binding on and inure to the benefit of the parties to this o 21 Agreement and their respective heirs, representatives, successors,and assigns, 22 0 15. HEADINGS. w v 24 The subject headings of the sections of this Agreement are included for the purposes of 25 convenience only and shall not affect the construction or the interpretation of any of its E 26 provisions. 3 27 JJl ( 28 u 4 Packet Pg. 707 8.A.c 2010-260 1 16. ENTIRE AGREEMENT;MODIFICATION, 10 2 This Agreement constitutes the entire agreement and the understanding between the N w 0 3 parties, and supercedes any prior agreements and understandings relating to the subject manner `o c 4 of this Agreement. This Agreement may be modified or amended only by a written instrument d 5 executed by all parties to this Agreement. @ c 6 d 7 m m 9 (/! 3 D 10 !(/ U) a LL 12 O 13 !1/ O 14 a 15 16 a D 17 C O 18 U 19 20 O 21 22 0 23 w 24 25 /// E d 26 27 28 £c © u Q Packet Pg,108 8.A.cl 2010-260 VENDOR SERVICE AGREEMENT 1 BRYAN A. STIRRAT&ASSOCIATES o 2 N w 0 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day `o c 4 and date set forth below. v o! (j v Dated: 2008 V R. @ 6 By: --� 7 N 8 Its' N 9 Date u/ ,2008 CITY FF ERNARDINO 3 9 10 By: N Fr son,City Manager 11 Approved as to Form: o Of LL 12 of By: c 13 es F. Penman,City Attorney 14 / a d 15 y @ O 16 0 c 17 0 18 y J U 19 0 20 M O 21 N 22 0 O 23 - v C 24 J C 25 E v 26 27 d E 28 L U Q Packett'g:709 '. 2010-260 DAIE c 0 rn BRYAN A.STIRRAT S ASSOCIATES o CIVIL AND ENVIRONMENTAL ENGINEERS c 0 c e d K June 26, 2008 JN: 2007.0103 m Mr. Ken Fischer, Director u City of San Bernardino it Public Services Department n 300 North"D"Street m San Bernardino, California 92418 v RE: PROPOSAL FOR OPERATIONS, MAINTENANCE, AND MONITORING OF THE N LANDFILL GAS EXTRACTION AND TREATMENT SYSTEMS AT THE WATERMAN LANDFILL, SAN BERNARDINO, CALIFORNIA i a LL Dear Mr. Fischer c 0 Pursuant to your request, Bryan A. Stirrat&Associates (BAS) is pleased to present this o proposal to the City of San Bernardino (City)for the Operations, Maintenance, and a Monitoring(OM&M) and South Coast Air Quality Management District(SCAQMD) Rule m 1150.1 monitoring at the Waterman Landfill. a UJ 0 The proposed Scope of Work (SOW) is divided into two sections. The first section 0. describes routine OM&M services related to the landfill gas Extraction and Treatment c Systems (LFGETS), and the second section describes Non-Routine OM&M related services. m c 0 1.0 ROUTINE OM&M 0 Vi This work includes all Routine OM&M activities of the LFGETS. The existing extraction o system consists of a granular activated carbon (GAC) treatment facility, thirty-three(33) landfill gas (LFG) extraction wells, six(6) LFG header piping monitoring ports and six(6) r perimeter subsurface migration monitoring probes. BAS understands that the purpose of the LFG extraction system is to mitigate groundwater contamination and control " subsurface migration and surface emissions of LFG. 0 The Routine OM&M SOW is broken down into three main tasks: a c M A. Treatment Facility and Well Field OM&M J c m E B. SCAQMD Rule 1150.1 Compliance Monitoring d i N C. LFG Extraction and Treatment System Reporting a E v 1360 Valley Vats Drive • Diamond Bar; CA 91765 •(909)860.7777 FAX(909J BBC;-8017 Q I P,ayketPg. 110 '. 2010-260 Mr.Ken Fischer,Director Re: Proposal for Operations,Maintenance,and Monitering of the Landfill Gas Extraction and Treatment c System at the Waterman Landfill,San Bernardino,California 0 June 26,2008 rn `o C Page 2 .0 0 m m K BAS will perform the following activities as part of the routine OM&M program: a c m A. TREATMENT FACILITY AND WELL FIELD OM&M v TREATMENT FACILITY n m WEEML Y Fill out Treatment Facility Station Data Log. 0 • Visually inspect units and note any breaks, leaks and loose wires, and assign personnel ( 6 to conduct repairs. it IL Follow Manufacturer's recommendations In OM&M Manual. LL rr Test lamps by pushing the lamp test button, c0 C • Check condensate drain lines. 0- • Monitor and record meteorological conditions (e.g., barometric pressure, ambient a m temperature, etc). a Monitor the extraction blowers)for operational irregularities, excessive vibration, o olVIubricant level,inlet and outlet temperature,and pressure. a a • Monitor and record methane, oxygen, and carbon dioxide concentrations. m c Monitor and record differential pressure across system components (e.g., flame 0- arrestor(s), knock out vessel(s),strainer(s), etc.)where possible. u Monitor and record LFG flow rate(utilizing permanently installed equipment)and the o operating temperature. The condensate knockout vessel and storage tanks will be observed for liquid levels r and proper operation. w • Observe recording devices. o Inspect alarm signal inputs (e.g., high temperature alarm,flame failure, etc.)for proper 0 c operation. • Grease blower(and electrical motor) bearings per Manufacturer's Instructions. c m QUARTERLY E `w m BAS will shut the system down and perform the quarterly Treatment Facility check which 3 consists of the following: m E z u m J:\wataman Landfilh 2007.01a3Vmposal2006\WalermmoWAMPnp sa1062605-rev2.doc en VAN4BTHRATCA®9pCIAT o a Packe��Pg°T1T". 8 A.7o7: 2010-260 Mr. Ken Fischer,Director Re: Proposal for Operations,Maintenance,and Monitoring of the Landfall Gas Extraction and Treatment m Systems at the Waterman Landfill,San Bernardino,California June 26,2008 to 0 c Page 3 0 c w : • If the pressure drop across the demister reaches 2x its original value the demister element may need to be removed and cleaned. Open the top of the demister and m remove the element. There is a rod at the top that attaches to the demister element that makes it easy to do this. Hose the element down opposite of LFG flow with high- Z pressure water and put it back in the demister container. w d • Test the blower fail (overload) shutdown. • Test the blower shutdown control logic by closing the manual inlet valve while the 3 system is running. The system should shutdown in a few seconds. v 0 • Simulate alarm signals(e.g., blower failure, etc.)for determination of proper operations rn and notification. During alarm simulation activities (when applicable)the alarm sensing equipment will be calibrated in accordance with manufacturers specfications. C ANNUALL Y C 0 Shutdown the Treatment Facility and perform the annual Treatment Facility check which consists of the following; m a • Check for arcing contactor points by checking the switches and the contactor. a • Re-torque all electrical connections. The most critical areas to re-torque are the main a power leads in main disconnect and motor starters. Fa C • Check for loose bolts in the structure and at the flanges. .N • Check the configuration sheets for the Flow Recorder against the actual settings to make sure they haven't been tampered with. " 0 • Observe all system components for corrosion. m M • All electrical components will be inspected by a qualified electrician for proper Cr operation. a • Calibrate critical system instrumentation (e.g., flow meter, chart recorder etc.). o WELL FIELD MONITORING AND BALANCING c m BAS will monitor each of the thirty-three (33) gas wells and six (6) header monitoring ports weekly or on an as-needed basis. The monitoring includes visually inspecting the well £ head for breaks or leaks. d n 3 E E U m J:\Waterman landfill\200].0T03\Propara120Da\Waternan OM&M PropoW 06260a-nwldoc agvgNgg•rlwwni6 Aan3octwias Q l PacketPg.112 2010-260 j Mr.Ken Fischer,Director Re: Proposal for Operations,Maintenance,and Monitoring of the Landfill Gas Extraction and Treatment m Systems at the Waterman Landfill,San Bernardino,Cardomia 0 June 26,2008 in 0 C Page 4 0 .c v v A GEM-500 or 2000 will be used to collect and record the following data: m N • LFG Temperature • Well head and header piping static pressure it N • Methane concentration N • Oxygen concentration ; Carbon dioxide concentration a 0 • LFG flow rate(Velocity Meter) (as needed) y ui • Sample ports located in the gas headers will be tested for the parameters listed above, a and all data will be stored in the GEM instrument and downloaded at our office. After each monitoring event is completed, BAS engineering staff will provide specific 0 instructions for each well requiring adjustment. Adjustments will consist of varying the 00 well's individual Flow control valve as needed. After each adjustment is performed, the system will be allowed to reach equilibrium before any additional adjustments are made. m Follow-up monitoring will be conducted and extraction wells will be adjusted in response y to system balancing weekly. a0 v BAS understands that the six (6) gas monitoring probes will be monitored monthly by the City. These probes may be monitored as needed to evaluate the performance of the c LFGETS. When monitored they will utilize the following parameters using the GEM .0 instrument: U N_ O • Static pressure of the probe. • Total Organic Compounds(TOCs) measured as methane, measured as percent by N volume. N • Oxygen and carbon dioxide, measured as percent by volume. c • Lower Explosive Limit(LEL) measured as percent LEL. `v B. SCAQMD RULE 1150.1 COMPLIANCE MONITORING J C All work under the 1150.1 monitoring program%Oil be performed in accordance w th the A E SCAQMD Guidelines for Implementation of Rule 1150,1(Guidehne4. All Instantaneous ; Surface Monitoring(ISM) exceedance areas and remediation will be tracked and documented. BAS shall notify the City, in writing, of any outstanding exceedances at the end of each month- BAS will perform the required tasks at the following intervals: d E z u m J:\Wate UodPIrt2007.0103\Proposg 2008\Wawman OM&M Proposal 062608-m2.doc agvwr•a®isawwTe w[seDnswreB Q I Packet P9..113 ` 2010-260 Mr.Ken Fischer,Director Re: Proposal for Operations,Maintenance,and Monitoring of the Landfill Gas Extraction and Treatment A systems at the Waterman landfill,San Bernardino,California ° N June 26,2008 0 c Page 5 ° c m m fY • Boundary probe sampling and analysis of City provided monitoring data(monthly) ° • Integrated surface sampling(monthly) d U • Instantaneous surface monitoring(quarterly) • LFG sampling and analyses at treatment system(monthly) ) • Ambient air sampling(monthly) C. LANDFILL GAS EXTRACTION AND TREATMENT SYSTEM REPORTING c rn On a monthly basis, BAS will prepare and submit reports detailing the data and events that took place during the month. BAS understands that the due date for the report is the end a. of the following month, after the service is performed. Additionally, BAS will collect all 1150.1 data and prepare an 1150.1 compliance report to be submitted to the SCAQMD `o on the City of San Bernardino's behalf every quarter. `o The minimum information provided in the routine monthly report will include of the a following: n N N • Treatment Facility inlet pressure and gas concentrations ° IL • Gas well pressure,flow rate and gas concentrations c • Monitoring port pressure,flow rate and gas concentrations 0 • Weekly Treatment Facility Station Data Logs .2 • Gas well adjustments w • Descriptions of extra work c • Chronology of shutdowns and alarm states • Gas probes monitoring results • Condensate sump level monitoring u 0 BAS estimates the above work can be conducted on a lump sum basis for the annual o amount of$175,000.00. `v c m 2.0 NON-ROUTINE OM&M c R This task consists of corrective repairs or maintenance work identified during the routine E monthly visits and consists of but is not limited to items such as repair of broken valves, replacement of torn flex hoses,and repair of lateral lines. This work is essential for proper system operation; however, it is considered the type of work that can be scheduled to allow for procurement of materials, equipment, and scheduling of personnel. Non-routine E s ° iR is\Waterman taMr�20WA103\P,oposil 2W8\Watemun OM&M Propoaa1063606 revi.dx BRriW,�.EITIMMT6.4B80GrATEO Q Packet Pg.114 -- 2010-260 Mr.Ken Fischer,Director c Qe: Proposal for Operations,Maintenance,and Monitoring of the Landfill Gas Extraction and Treatment A Systems at the Waterman Landfill, San Bernardino,California ° N June 26,2008 p c Page 6 q .c v scheduled maintenance will only be performed subsequent to prior authorization from the Ts City. The following list presents some of the items that are expected to be non-routine N events and will be performed on a time and material basis: d . Well head replacement N m • Well valve replacement • Well extension and capping • Installation of temporary condensate tanks o N • Flex hose replacement ai • Well service removal and re-installation 0: IL • Header removal and reinstallation o! • Flame arrestor element cleaning ° 0 Knock out vessel de-mister pad cleaning 0 . Equipment removal, installation and replacement • Activated Granular Carbon Replacement a • Potassium Permanganate Replacement .N 0 • Annual treatment facility source testing 0. Ts • 1150.1 Alternative Monitoring Plan Purchase of a new GEM 2000 unit and training 0 .N SAS proposes to the City to obtain an annual operating budget of$100,000.00 to accommodate potential future repairs at the site. c ASSUMPTIONS AND CONDITIONS ° 0 N • Any annual regulatory fees which may be required are not included in this SOW. N • Costs for electricity is not included in this SOW. 0 • Carbon change outs no more than four times per year. v • Potassium Permanganate change outs no more than four times per year. J • Condensate removal/treatment, and disposal are provided by City forces. a • SAS is not responsible for the methane quality or LFG composition at the site. E m • Due to the nature of the site, many LFG extraction wells are being operated outside of 3 the normal and customary operational parameters and do not comply with the States Title 27 requirements. Additionally, operation of these wells at their current status £ creates an increased risk of inducing composting and or subsurface fires. r m 1:\Waterman LandrdIV007.0103\Propou1200a\Wuerman OM&MProposa1W2606-rcv2.doc BwvgNAer1RRAT6ASeoCUTCe Q Packef«T'g;1$5 BJI:c 2010-260 Mr.Ken Fischer,Director c Re: Proposal for Operations,Maintenance,and Monitoring of the Landfill Gas Extraction and Treatment A Systems at the Waterman Landfill,San Bernardino,California 0 N June 26,2008 c c Page 7 °- c m d C t c BAS appreciates this opportunity and looks forward to assisting the City of San Bernardino w in this important project Should you have any questions or require further information, AE. advise. it N ly A 3 0 s. President, Methane as Group a c: Javier Ochiqui,City of San Bernardino a Ira R.Snyder,BA5 c 0 Gary Glasser,HAS c Chris Alanis,BAS o_ U a d a .y N O CL v c to c 0 .y N u N_ M O N_ N d O w 9 C N J c R E m 3 m E r u p\Waterman LandBIN2007.0108\Pmposa1200alWaterrnan OM&MrmpomI062608-rav2.dac BRYAN0.BTIRNATB ABBQQIATEB a PackgtPg.,116 A 8.A.d 2011-284 o Exhibit A o Form of Agreement o PROFESSIONAL SERVICES AGREEMENT FOR PROCESSING RECYCLING MATERIALS 9 C THIS AGREEMENT is made and entered into this 17th day of N October 2011 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a municipal corporation("City"), and Republic Services of Southern California, LLC, a limited liability company ("Contractor. N d N WITNESSETH: 3 WHEREAS, The Legislature of the State of California, by enactment of the n California Integrated Waste Management Act of 1989 ("AB 939"), incorporated into the California Public Resources Code as Section 40000 at seq., has declared that it is in the ix public interest to authorize and require local agencies to make adequate provision for LL the disposal of Solid Waste within their jurisdictions; and c 0 WHEREAS, City and Contractor are mindful of the provisions of the laws o governing the safe collection, transport, recycling, and disposal of Solid Waste, 6 including AB 939 (as amended), the Resource Conservation and Recovery Act a ("RCRA"), and the Comprehensive Environmental Response, Compensation and n Liability Act ("CERCLA"). City and Contractor desire to leave no doubts as to their y respective roles and to memorialize that by entering into this Agreement. City is not 0 a 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 o to confirm that Contractor has agreed to indemnify the City in connection with any y claims relating to the inadvertent or intentional disposal of hazardous materials that may y occur in connection with Contractor's performance under this Agreement. o WHEREAS, City and Contractor understand and agree that it is Contractor, and o 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 i= this Agreement. Any title in and to such Recyclable Materials that otherwise might exist in or with City in the absence of this Agreement is hereby transferred to Contractor. M WHEREAS, Contractor has agreed, as part of this Agreement, to provide such a services as are necessary to ensure City complies with the requirements of Public Resources Code Section 40000,et seq. d WHEREAS, City proposes to have Contractor perform the services described in the City's Request for Proposal and incorporated herein by reference; and a a WHEREAS, Contractor represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all © necessary licenses to practice and perform the services herein contemplated; and E E U t a+ Prafeo ional Services Agreement Fm Pmcessing Reeyding Materials 9.21.2011 Final Q Packet Pg. 117 2011-284 m 0 WHEREAS, City and Contractor desire to contract for specific services in y connection with the Recycling of Recyclable Materials and desire to set forth their rights, 0 duties and liabilities in connection with the services to be performed; and o c 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 w v this Agreement. N NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: d N v SECTION 1.00 RECITALS The Parties acknowledge the above recitals are true and correct and incorporate v them herein as if they were fully restated. 0 rn d SECTION 2.00 DEFINITIONS a. LL Whenever any tern 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 o of San Bernardino Municipal Code, the definition of such term set forth therein shall o apply unless the term is otherwise defined in this Agreement. The terms defined herein a shall have the meaning set forth in this Agreement. Otherwise, the terms herein shall J have their ordinary meaning. s N N 2.1 AB 939. "AB 939" shall mean the California Integrated Waste Management Act 0. of 1989, currently codified as California Public Resources Code Section 40000 et seq. as it may be amended from time to time. 0 2.2 City. "City" means the City of San Bernardino, a municipal corporation. J 2.3 Contractor. "Contractor" shall mean Republic Services of Southern California, o LLC, the entity entering this Agreement with the City, or any party permitted pursuant to the terms hereof to become the successor or assignee thereof. g N 2.4 Effective Date. "Effective Date"shall mean October 17, 2011. E 2.5 Hazardous Waste. "Hazardous Waste" means (i) all waste defined or d characterized as hazardous waste by the federal Solid Waste Disposal Act (42 a U.S.C. § 3251 at seq.), as amended, including the Resource Conservation and m Recovery Act of 1976 (42 U.S.C. § 6901 at seq.) and all future amendments S 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 J California Waste Management Board) having jurisdiction over hazardous waste a generated by facilities within such state, provided that the term "Hazardous d Waste": c A. Is intended to mean and include those substances that are not normally £ expected to be disposed of by generally accepted sanitary landfill disposal Z m 2 Q Professional Services Arccmem For Paessing Recycling MMerials 9-71-2011 Final Packet Pg. 118 B.A.d c 2011-284 0 methods; n 0 B. Shall include radioactive wastes; and o c 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. U 2.6 Municipal Code. "Municipal Code" shall mean the "San Bernardino Municipal d Code" of the City of San Bernardino v, v 21 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. n 2.8 Recyclable Material. "Recyclable Material" or "Recyclables"shall mean all Solid W Waste, garbage, trash, refuse, construction and demolition debris, and any other a. Solid Waste which is capable of being recycled. c 0 2.9 RFP. "RFP" means the City's Request for Proposal attached hereto as Exhibit o "A"and incorporated herein as though set forth in full. a R 2.10 Response. "Response" means Contractor's response to honor terms of the current agreement in place with Burbank Recycling Inc. to process curbside and o commercial recycling and remit payments to the City based upon the overall a recycling percentage. c m 3.0. SERVICES PROVIDED BY CONTRACTOR o N m 3.1 Scope of Services. Contractor shall provide the services described in N Contractor's Response. Specifically, Contractor shall collect City's recyclable material o at a designated location, acceptable to the City, transport the material for processing at an approved recycling facility, and dispose of non-recyclable residue at an approved o County of San Bernardino disposal facility per the Waste Delivery Agreement, which Contractor expressly acknowledges. c w E Contractor will accept materials for recycling from the City's recycling Program serving single-family residences and commercial accounts. a m Contractor will provide a facility at the location specified below for Off-loading City 9 recycling trucks. The facility will be available to begin accepting materials by November 1, 2011. The designated facility is: U Republic Services of Southern California, LLC a 3059 E. Steel Road a Colton, CA 92324 W c Unloading Timelfruck Turn-around Time—Each City recycling truck entering the Contractor's facility shall have a maximum of 15 minutes turnaround time from the time Professional Smims Agrcamm For PR Sing Rccycling Ma[crials 9-21.2011 Final a Packet Pg. 119 i ZW I-284 C 0 O the truck arrives at the facility until the time the truck exits the facility. The 15-minute y turnaround time shall apply under all circumstances. `0 C 0 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 v Contractor shall provide a means to avoid "stacking" of recycling trucks on public streets in as they enter their faciity(s). Contractor shall provide City trucks preference over the general public to facilitate off-loading efficiencies and tum-around time. v N Accounting System—Contractor shall design an accounting system for all N Recyclable Materials delivered by City trucks. The accounting system must be 3 developed by the Contractor and approved by the City prior to program start-up. a Commingled materials on City trucks shall be accounted for based on factors derived N from periodic sampling, separate processing, or by other means as agreed to by the City, to establish factors for the percent of each material. 0. LL 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 o agreement. o .0 Unmarketable Materials — In no case shall the Contractor take any City delivered a recyclable materials to a disposal facility unless permission in writing is provided by the a City on a load-by-load basis. If the Contractor can demonstrate that a material is not N marketable, such permission shall not be unreasonably withheld. This provision does a0 not apply to residue that is incidental to processing recyclables. in 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 y adequate space to stockpile recyclable materials during such reasonable down time for N acceptance of material without a break in service. "Reasonable down time" shall be c defined as less than one day each operating month. m M 0 Contractor shall be responsible for disposal of residue, which shall be in compliance with the WDA, from processing of City recyclables at no charge to City. m Contractor's facilities shall be open to receive materials from City trucks Monday m through Saturday, year round. Facilities shall be open to receive City materials from a 6:30 a.m. to 5:00 p.m. m S 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 U maneuverability. U n Contractor shall allow the City's representatives to inspect their facilities during normal a business hours to assure compliance with the service agreement. With the exception of what is recognized by the recycling industry as "residue" or E "contaminants", Contractor agrees to divert all materials from landfill delivered to them m 4 Roressional Services Agmaicnl For Processing Recycling Malerids 9-21-2011 Final Q Packet Pg. 120 t 2011-284 0 by City recycling trucks. 2 0 Contractor shall provide use of a phone to City employees in the event a City driver o needs to contact their supervisor regarding City business. d 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. v V) The City will not furnish facilities or equipment for this Agreement. y m 3.2 Equipment. Contractor shall furnish all labor, materials and equipment v necessary to perform the services contemplated by this Agreement. n 3.3. Professional Practices. All professional services to be provided by It Contractor pursuant to this Agreement shall be provided by personnel experienced in LL 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 `o accordance with sound professional practices. Contractor also warrants that it is familiar o with all laws that may affect its performance of this Agreement and shall advise City of a any changes in any laws that may affect Contractor's performance of this Agreement. a a 3.4 Restriction on Manner of Collection. In order to ensure City complies with y the provisions of AB 939, and to accurately account for and report the amount of Solid a° Waste including Recyclable Material collected within the City Limits and processed, recycled and/or disposed pursuant to this Agreement, City Recyclable Material shall not m be commingled with any other Recyclable Material until City Recyclable Material has been weighed and/or accounted for in some other manner. U 3.5 Pursuit and Management of Grants. Contractor shall assist City in o pursuing grants and other funding as may become available for recycling, public education and other recycling related programs. Contractor shall manage any such o 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. p d m 3.6. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment m laws including but not limited to those laws related to minimum hours and wages; c 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 d description including attorneys' fees and costs, presented, brought, or recovered w 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. E L U m Prokssionel Smims Agreement Fm?massing lk 'ycling Mamials 9 21-2011 Final Q Packet Pg. 121 i 2011-284 m 0 3.7. Non-discrimination. In performing this Agreement, Contractor shall not w engage in, nor permit its agents to engage in, discrimination in employment of persons c because of their race, religion, color, national origin, ancestry, physical handicap, c0 medical condition, marital status, sexual gender or sexual orientation, except as w 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 a 1735. 3.8. Business License. Contractor/Consultant/Vendor warrants it possesses, or shall obtain, and maintain during the term of this Agreement a business registration v certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, and any and N all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of contractor/consultants/vendor to practice its profession, skill or business. v 0 3.9. Delegation and Assignment. This is a personal service contract, and the y N duties set forth herein shall not be delegated or assigned to any person or entity without It the prior written consent of City. Contractor may engage a subcontractor(s) as a. permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor's sole cost and expense. o C 0 3.10 Duty to Notify City. Contractor acknowledges that it has a duty pursuant to .0 this Agreement to notify the City of any charges, accusations, or lawsuits commenced a or instituted by the California Department of Resources, Recycling and Recovery (aka a "CalRecycle"), the State of California, the Attorney General, and any other similar o regulatory agency. This duty to notify the City shall extend to and include investigations a by the applicable regulatory agency prior to any formal action being taken. c 4.0 CITY RESPONSIBILITIES 4 N N 4.1 Access to City Documents. City shall provide to Contractor access to all N information and documents in City's possession that are relevant and material with o respect to Contractor's performance of this Agreement. M O 4.2 Access to City Owned Prooertv. 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. E m 0 5,0. TERM, TERMINATION AND CURE a rn 5.1. Term. This Agreement shall commence on the Effective Date and end on c 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 90 days prior to the expiration of this Agreement, or any renewal period thereof. o c 5.1 Termination. The City reserves and has the right and privilege of E canceling, suspending or abandoning the execution of all or any part of the work R s a Pmrnsional Services Agnxmen[[Fw Processing Recycling Me4rids 9.11-2011 Yinel Packet Pg. 122 8.A.d c 2011-284 0 contemplated by this Agreement, with or without cause, at any time, by providing thirty y (30) days written notice to Contractor. In the event of such termination, Contractor shall 0 immediately stop rendering services under this Agreement unless directed otherwise by o the City. m d 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 d obligations under this Agreement, or defaults in the performance of any of the other v 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. 0 5.3.1 City may give Contractor notice of such default. If the Contractor v 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 0 discretion), City may terminate this Agreement on a date of its `o choice. a v 5.3.2 The acceptance of all or part of recycling revenues by City for any a period after a default shall not be deemed a waiver of any of these o options, nor a waiver of the default of any subsequent default of the c. 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. U N 5.4.2 In the event City defaults in the performance of any of the terms or o conditions of this Agreement, and if a written notice of such default o is issued to City by Contractor by registered mail, and if City does N 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 E at law any and all claims which may be d ue. d m 5.4 Compensation. In the event of early termination, Contractor shall pay City a compensation for all Recyclable Materials delivered by the City as of the date of `- termination. v 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 Contractors receipt of termination notice, at no cost to City. The term 'Writings" shall be construed to mean and include: handwriting, typewriting, E printing, photographing, electronic communication, and every other means of recording U 7 a Profession,[Senlas Agreement For Proncssing Recycling Materials 421-2011 Final Packet Pg. 123 2011-284 °o upon any tangible thing any form of communication or representation, including letter, N works, pictures, drawings, sounds, or symbols, or combinations thereof. City shall have o full ownership and control of all such writings delivered by Contractor pursuant to this o Agreement. w v 6.0. COMPENSATION AND ACCOUNTING D C 6.1. Revenue Calculation. Revenue calculation shall be calculated as set forth below: U Contractor will pay City $15 per ton less a 40% weight deduction for residual. n 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.At the end of 60 days, a waste characterization will be performed that will potentially increase the Contractor payment to the City. If the said waste o characterization demonstrates that the City's residual reduces to 30% or below, the v 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, a. the Contractor's payment to the City increases from $15 per ton to $22.50 per ton. If the rr said waste characterization demonstrates that the City's residual reduces to 20% or c below,the Contractor's payment to the City increases from $15 per ton to$25 per ton. If c the said waste characterization demonstrates that the City's residual reduces to 15% or .0 below, the Contractor's payment to the City increases from $15 per ton to $30 per ton. If a the said waste characterization demonstrates that the City's residual reduces to 10% or n below, the Contractor's payment to the City increases from $15 per ton to $40 per ton. to Quarterly waste characterizations and potential per ton price change will happen upon o a mutual agreement by both parties. At no time during the contract will the Contractor v charge the City or increase the residual deduction to more than 40%. c 0 N 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 U Agreement. Contractor shall be responsible to perform periodic characterizations in ° accordance with best management practices. The City's representatives shall observe any future characterizations. Any recalculation of revenue from subsequent N 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, `m shall the value of the City's material, net of residue disposed, be less than $zero($0). E v v 6.2 Payment to City. Contractor shall pay the Compensation for the preceding a month to the City no later than thirty (30) calendar days from the end of each month. rn Payments to the City will include California Redemption Value applicable to curbside S Recycling programs. v 6.3 Late Payments. Interest on amounts past due will be assessed at the rate o of 1.5% per month. a d 6.4 Monthly Summary Reports. Contractor will provide the City with a monthly report on the overall amount of Recyclable Materials delivered by the City recycling trucks. Monthly Invoices shall reflect the established percentages of each commodity E type. Contractor shall submit the weight tickets and monthly summary report to the City B 4 Professional Seniors Apartment For Processing Recycling Metcrids 9-21 3011 Fine) Packet Pg. 124 1 2011-284 R 0 within thirty (3D) calendar days following the end of each month. N 0 6.5. Additional Services. Contractor shall not receive compensation for any o services provided outside the scope of services specified in the Response unless the c City or its Project Manager, prior to Contractor performing the additional services, d 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. v U 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 rn available to City or its Project Manager for inspection and/or audit at mutually N 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 n by material type. Such records shall be available at all reasonable times for examination N by the City at the office of Contractor. d 7.0. TIME OF PERFORMANCE LL 71. Commencement of Work. The professional services to be performed `o pursuant to this Agreement shall commence within five (5) days from the Effective Date o of this Agreement. a 7.2. Excusable Delays. Neither party shall be responsible for delays or lack of a performance resulting from acts beyond the reasonable control of the party or parties. m Such acts shall include, but not be limited to, acts of God, fire, strikes, material ao shortages, riots, acts of war, or any other conditions beyond the reasonable control of a v c party. 0 0 0 8.0. INSURANCE y U U 8.1. Minimum Scope and Limits of Insurance. Contractor shall obtain and o maintain during the life of this Agreement all of the following insurance coverages: M O (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, d blanket contractual liability, independent contractors, personal E 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, a aggregate. rn (b) Automobile liability for owned vehicles, hired, and non-owned a vehicles, with a policy limit of not less than One Million v ($1,000,000.00) Dollars, combined single limits, per occurrence and aggregate. a (c) Workers' compensation insurance as required by the State of California. a, E z U m 9 Q Pm&ssim,d Services AVeemenl For P[ocessing Rcrycling Materials 9-21-2011 Fins) PacketPg. 125- S.A.d ZU11—Z64 C N 0 8.2. Endorsements. The comprehensive general liability and automobile in liability insurance policies shall contain or be endorsed to contain the following 0 provisions: .c o (a) Additional insureds: "The City of San Bernardino and its elected a and appointed boards, officers, agents, and employees are v additional insureds with respect to this subject project and contract in with City." u (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, d nor the coverage reduced, until thirty (30) days after written notice n is given to City." m (c) Other insurance: "Any other insurance maintained by the City of :2 San Bernardino shall be excess and not contributing with the y insurance provided by this policy." 8.3. Certificates of Insurance. Contractor shall provide to City certificates of LL 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. o U 8A. Non-limiting. Nothing in this Section shall be construed as limiting in any v way, the indemnification provision contained in this Agreement, or the extent to which 9 Contractor may be held responsible for payments of damages to persons or property. o a 9.0. GENERAL PROVISIONS 9.1. Entire Agreement. 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 N in writing, and signed by the parties in interest at the time of such modification. The o terms of this Agreement shall prevail over any inconsistent provision in any other o contract document appurtenant hereto, including exhibits to this Agreement. N 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, E approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. a m Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and u agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement. a 9.3. Project Managers. City designates the Public Works Director to act as the 'o Project Manager to work directly with Contractor in the performance of this Agreement. c Contractor shall designate a Project Manager who shall represent it and E be its agent in all consultations with City during the term of this Agreement. Contractor o A to a RaCessiond Service Agnxment For Pmrasing Recycling Memrielc 0.21-2011 Find Packet Pg. 126 8.A.d "11—Z04 G al O or its Project Manager shall attend and assist in all coordination meetings called by City. 'o 0 9.4, Notices. Any notices, documents, correspondence or other `o communications concerning this Agreement or the work hereunder may be provided by v 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 v 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 d 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. Cn v N IF TO CONTRACTOR: IF TO CITY: 3 Republic Services of City of San Bernardino a Southern California Public Works Director v0 3059 E. Steel Road 300 North "D" Street Colton, Ca 92324 San Bernardino, CA 92418-0001 a LL Attn: Peter Sterenberg Attn: Nadeem Majaj c 0 9.5. Attorneys' Fees. In the event that litigation is brought by any party in o connection with this Agreement, the prevailing party shall be entitled to recover from the U opposing party ail costs and expenses, including reasonable attorneys' fees, incurred by a 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 a° shall be considered as "attorneys' fees"for purposes of this Agreement. m 9.6. Governing Law. This Agreement shall be governed by and construed o under the laws of the State of California without regard to principles of conflict of laws. N U 9.7. Venue. The parties hereto agree that all actions or proceedings arising in o 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 o the Central District of California. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. m 9.8. Assignment. Contractor shall not voluntarily or by operation of law assign, d transfer, sublet or encumber all or any part of Contractor's interest in this Agreement a without City's prior written consent. Any attempted assignment, transfer, subletting or m 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 a be performed pursuant to this Agreement, Contractor shall add the subcontractor as an a additional insured to Contractor's insurance policy and provide City with the insurance W 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. Psoressianal Smites Apm m For Pra sing Recycling MaoenUt 911-2011 Final Q Packet Pg. 127 8.A.d 2011-284 c t0 0 rn 9.9. Indemnification and Hold Harmless. Contractor shall protect, defend, c indemnify, save and hold harmless City and its elected and appointed officials, officers, c 10 and employees from any and all claims, liabilities, expenses, including attorney fees, c damage to property or injuries to or death of any person or persons or damages of any v 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 andfor authorized agents or subcontractors in the performance of this Agreement. U 9.10. Employment Indemnification. Contractor expressly waives all rights to m subrogation against City, its Officers, employees and volunteers for losses arising from N work performed by Contractor for City by expressly waiving Contractor's immunity for 3 injuries to Contractors employees and agrees that the obligation to indemnify, defend v and hold harmless provided for in this Agreement extends to claims brought by or on n 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 it employees. LL 9.11. Hazardous Substances Indemnification. Without regard to any insurance `o coverage or requirements, and without limiting the above general indemnification `o obligation in any way, Contractor specifically agrees to and shall, to the maximum 6 extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, a save and hold City and its past and present officers, council members, employees, .2 consultants and agents (hereinafter "Indemnified Parties") harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, a° 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") R (including but not limited to response costs, investigative costs, assessment costs, 2 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: o (a) results in any demand, claim, notice, order, or lawsuit, asserting o that any Indemnified Party is liable, responsible or in anyway obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any c Hazardous Contaminant(as defined herein); or E d v (b) relates to material collected, transported, recycled, treated or a disposed of by Contractor. m c Contractor's obligations pursuant to this Section shall apply, without limitation,to: m (a) any Claims brought pursuant to or based on the provisions of the 2 Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), a 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 'o U.S.C, § 9601 et seq., the California Hazardous Substances Account Act (California r 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- E Cologne Act (California Water Code Section 13000 et sec.), and any and all E w tz a RofosirnW Srniros Apeement For Protesting Recycling MarcriAs 9-2!-2011 Find Packet Pg. 128 B.A.d LVLL—G64 N O amendments and regulations thereto, and any other Federal, State, regional or local N environmental statutory or regulatory provision; o c O (b) any Claims based on or arising out of or alleged to be arising out of .l5 the ownership, use, lease, sale, design, construction, maintenance or operation of Contractor of any facility; v c (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 (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. 0 The foregoing indemnity shall apply irrespective of the negligence or willful y misconduct of Contractor or any affiliate of Contractor. W a LL For purposes of this Section, the term "Hazardous Contaminant" shall mean any "hazardous material," as that tens is defined under California Health & Safety Code o Section 25501(1); any "hazardous substance," as that term is defined under California o Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section u 9601(14) of the United States Code; any "hazardous waste," as that tens is defined v under Title 42, Section 6093(5) of the United States Code and under California Health& a Safety Code Section 25550(m); any chemical which the Governor has identified as a o chemical known to the State to cause cancer or reproductive toxicity pursuant to o. 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 tens "Hazardous Contaminant" shall also include any and all g amendments to the above-referenced statutory and regulatory provisions made before or after the date of execution of this Agreement. y 0 The provisions of this Section shall not terminate or expire and shall survive the termination or expiration of this Agreement. o N 9.11. Independent Contractor. Contractor is and shall be acting at all times as c an independent contractor and not as an employee of City. Contractor shall secure, at E his expense, and be responsible for any and all payment of Income Tax, Social v Security, State Disability Insurance Compensation, Unemployment Compensation, and a other payroll deductions for Contractor and its officers, agents, and employees, and all rn business licenses, if any are required, in connection with the services to be performed `- hereunder. U d 9.12 Public Records Act Disclosure. Contractor has been advised and is aware 2 that all reports, documents, information and data including, but not limited to, computer a 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 W 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, E as that term is defined in the California Government Code Section 6254.7, and which = U A 13 C Professional Smrces Agmmen[Far Processing Recycling Msmrids 9-21-2011 Final Packet Pg. 129 2011-284 m 0 Contractor informs City of such "Trade Secret" "Confidential," or "Proprietary" status. fe The City will endeavor to maintain as confidential all information obtained by It that is c designated as proprietary. The City shall not, in any way, be liable or responsible for the disclosure of any such records including, without limitation, those so marked if c d disclosure is deemed to be required by law or by order of the Court. v 9.13. Confidentiality. All findings, reports, information and exhibits prepared or assembled by Contractor in connection with the performance of its professional services v 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. v N 0 9.14. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification 3 and/or explanation as may be required by the City's representative, regarding any -2 services rendered under this Agreement at no additional cost to City. In the event that N 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 LL of City and to participate in any meeting required with regard to the correction. 0 9.15. Prohibited Employment. Contractor will not employ any regular employee o of City while this Agreement is in effect, a m 9.16. Order of Precedence. In the event of an inconsistency in this Agreement a and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If o and to the extent this Agreement incorporates by reference any provision of the RFP or a 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 c any such provision or provisions so incorporated by reference, this Agreement shall o govern over both the Response and the RFP and the Response shall govern over the RFP. N 0 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 N hereunder except as expressly provided herein. c 9.18. No Third Party Beneficiary Rights This Agreement is entered into for the v sole benefit of City and Contractor and no other parties are intended to be direct or m incidental beneficiaries of this Agreement and no third party shall have any right in, a under or to this Agreement, o c 9.19. Headings. 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 2 affect the meaning or interpretation of this Agreement. a 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 E as if drafted jointly by the parties and in accordance with its fair meaning. There shall A 14 Q Pmfcmonc7 Smites Agreement Fm Pmcening Recycling Me .h 9.21-2011 Fine) PacketPg. 130 8.A.d c 2011-284 0 be no presumption or burden of proof favoring or disfavoring any party by virtue of the to authorship of any of the provisions of this Agreement. o c 0 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 in whom enforcement of a waiver is sought. The waiver of any right or remedy in respect 2 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 n d waiver. 3 9.24. Severability. If any provision of this Agreement is determined by a court of D competent jurisdiction to be unenforceable in any circumstance, such determination N shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. a LL 9.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. Ail counterparts shall be e construed together and shall constitute one agreement. o u 9.26. Corporate Authority. The persons executing this Agreement on behalf of d the parties hereto warrant that they are duly authorized to execute this Agreement on a behalf of said parties and that by doing so, the parties hereto are formally bound to the c provisions of this Agreement. a D C IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be in executed by and through their respective authorized officers, as of the date first above 4 written. " u CITY OF SAN BERNARDINO, CONTRACTOR o A municipal corporation N E atnck J. oris, Mayor— Thomas J.Vogt, President v f Bernardino Republic Services of Southern California, LLC rn a rn Rachel G. Clark, City Clerk City of San Bernardino U_ a APPROVED AS TO FORM: m m E James F. Penman, City Attorney 15 Q Profeuio0al services Aiix,=at Fm Prm sing Rerycling Materials9-21.2011 Final Packet Pg. 131 B.A.d I G M O N O RESOLUTION NO. 2011-284 C 1 d 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A PROFESSIONAL v 3 SERVICES AGREEMENT WITH REPUBLIC SERVICES OF SOUTHERN CALIFORNIA, LLC, PURSUANT TO SAN BERNARDINO MUNICIPAL CODE d 4 SECTION 3.04.010 PARAGRAPH B3, TO ALLOW REPUBLIC SERVICES OF U 5 SOUTHERN CALIFORNIA,LLC TO PROVIDE COMMINGLED RECYCLING AND COMMERCIAL RECYCLING PROCESSING. m 6 7 WHEREAS,the City has an existing non-exclusive Professional Services Agreement with v 6 8 N Burbank Recycling Inc.(BRI)to process recycling materials for the City; rr 9 WHEREAS,pursuant to San Bernardino Municipal Code Section 3.04.010 Paragraph B3,the a 10 City would like to enter into one or more Professional Services Agreements to process recycling; o 11 BE T1'RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF o 12 SAN BERNARDINO AS FOLLOWS: Q m 13 SECTION 1. That the Mayor and Common Council authorize execution of the Professional 2 N 14 Services Agreement attached hereto as Exhibit"A"with Republic Services of Southern California, a n 15 LLC,pursuant to San Bernardino Municipal Code Section 3.04.010 Paragraph B3,to allow Republic 16 c 16 O Services of Southern California,LLC to provide commingled recycling and commercial recycling y 17 N 18 processing. D 19 SECTION 2. The authorization to execute the above-mentioned Agreement is c N 20 rescinded if the parties to the Agreement fail to sign it within sixty(60)days of the passage of a 21 this resolution. E d 22 u/ a 23 U 24 v 25 /!! 2 26 v 27 28 /!r E U Q Packet Pg. 132 2011-284 0 N O C O 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY. m 2 OF SAN BERNARDINO AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH REPUBLIC SERVICES OF SOUTHERN CALIFORNIA, v 3 LLC, PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTION 3.04.010 `m PARAGRAPH B3,TO ALLOW REPUBLIC SERVICES OF SOUTHERN CALIFORNIA,LLC 4 TO PROVIDE COMMINGLED RECYCLING AND COMMERCIAL RECYCLING u $ PROCESSING. w 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and ; m 7 Common Council of the City of San Bernardino at a regular _ meeting 3 a 8 thereof,held on the "thday of October 2011,by the following vote,to wit: N d 9 Council Members: AYES NAYS ABSTAIN ABSENT LL 10 w C 11 MARQUEZ x 0 0 12 JENKINS x a = 13 gRINKE x R a 14 SHORETF x a° 15 KELLEY x m 16 o 17 JOHNSON x u N 18 MCCAMMACK 8 o �o 19 o 20 Rachel G.Clark,CMC,City Clerk c N 21 S The foregoing resolution is hereby approved this day of fi-W 2011. 22 a 23 _ Pam c J.Morris,Ma or--> >, i y of San Bernardino d 25 Approved as to form: w JAMES F.PENMAN, a City Attorney d 27 By. 28 E E u m a Packof Pg. 133 C 10 O N O C 1 RESOLUTION NO. 2011-285 c 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN PROFESSIONAL 3 SERVICES AGREEMENT WITH BURRTEC WASTE INDUSTRIES, INC., m 4 PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTION 3.04.010 PARAGRAPH B3, TO ALLOW BURRTEC WASTE INDUSTRIES, INC., TO 5 PROVIDE COMMINGLED RECYCLING AND COMMERCIAL RECYCLING rn PROCESSING. d 6 0 3 7 WHEREAS,the City has an existing non-exclusive Professional Services Agreement °- 0 8 U' with Burbank Recycling Inc.(BRI)to process recycling materials for the City; ai 9 10 WHEREAS,pursuant to San Bernardino Municipal Code Section 3.04.010 Paragraph c 11 B3,the City would like to enter into one or more Professional Services Agreements to process 0 0 12 recycling; m 13 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE a 14 CITY OF SAN BERNARDINO AS FOLLOWS: c 0 15 SECTION 1. That the Mayor and Common Council authorize execution of the m 16 Professional Services Agreement attached as Exhibit"A"with Buatec Waste Industries,Inc., g .N 17 pursuant to San Bernardino Municipal Code Section 3.04.0 10 Paragraph B3,to allow Burrtec w 18 0 Waste Industries, Inc.,to provide commingled recycling and commercial recycling 19 0 20 processing. `✓ c 21 SECTION 2. The authorization to execute the above-mentioned Agreement is E E v 22 rescinded if the parties to the Agreement fail to sign it within sixty(60)days of the passage or m Q 23 this resolution. c 24 r 25 26 C 27 c 28 /// E r u m i; Q Packet Pg:134r 3 C R 2G 11-285 `o c RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 1 OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN PROFESSIONAL 2 SERVICES AGREEMENT WITH BURRTEC WASTE INDUSTRIES, INC., PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTION 3.04.010 3 PARAGRAPH B3, TO ALLOW BURRTEC WASTE INDUSTRIES, INC., TO m 4 PROVIDE COMMINGLED RECYCLING AND COMMERCIAL RECYCLING u PROCESSING. .2 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and d 6 7 Common Council of the City of San Bernardino at a _ regular meeting S thereof,held on the l lttday of October 2011,by the following vote,to wit: w° 9 Council Members: AYES NAYS ABSTAIN ABSENT u LL 10 MARQUEZ x 11 x c 12 JENKINS u 13 BRINKER % �- .N 14 SHORETT X c a 15 KELLEY x c 16 JOHNSON x °- N 17 MCCAMMACK % 18 — — — _. ._ in 19 �r : o N, ZQ Rac el G.Clark,CMC,City Clerk c 21 The foregoing resolution is hereby approved this /q _. day of G b.W ,2011. E 22 23 rA Patri k JMorris, 24 , Bernardino r U d 25 Approved as to form: 26 JAMES F.PENMAN, e City Attorney 27 By:__ m 28 £ L U N a 'Packe4 Pg..135, c 2011-285 0 rn Exhibit A ° Form of Agreement o PROFESSIONAL SERVICES AGREEMENT FOR PROCESSING RECYCLING MATERIALS v THIS AGREEMENT is made and entered into this 17"day of October, 2011 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a municipal u corporation ("City"), and Burrtec Waste Industries, Inc., a California corporation v ("Contractor"), rn 2 WITNESSETH: � WHEREAS, The Legislature of the State of California, by enactment of the a o California Integrated Waste Management Act of 1989 ("AB 939"), incorporated into the n 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 o the disposal of Solid Waste within their jurisdictions; and c 0 WHEREAS, City and Contractor are mindful of the provisions of the laws o governing the safe collection, transport, recycling, and disposal of Solid Waste, including AB 939 (as amended), the Resource Conservation and Recovery Act all ("RCRA"), and the Comprehensive Environmental Response, Compensation and 2 Liability Act ("CERCLA"). City and Contractor desire to leave no doubts as to their 2 respective roles and to memorialize that by entering into this Agreement. City is not o thereby becoming an "arranger" or a "generator" as those terms are used in CERCLA, a 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 c to confirm that Contractor has agreed to indemnify the City in connection with any 2 claims relating to the inadvertent or intentional disposal of hazardous materials that may occur in connection with Contractor's performance under this Agreement. U 0 WHEREAS, City and Contractor understand and agree that it is Contractor, and o not City, who will take title to the Recyclable Materials, that City has not, and, by this o Agreement does not, instruct Contractor on its methods of performing the duties under e=' this Agreement. Any title in and to such Recyclable Materials that otherwise might exist c in or with City in the absence of this Agreement is hereby transferred to Contractor. U P WHEREAS, Contractor has agreed, as part of this Agreement, to provide such a services as are necessary to ensure City complies with the requirements of Public rn Resources Code Section 40000, at seq. S U T WHEREAS, City proposes to have Contractor perform the services described in the City's Request for Proposal and incorporated herein by reference; and u u WHEREAS, Contractor represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all m necessary licenses to practice and perform the services herein contemplated; and v E r t PmfcttiouA Scnics Agrccmcm For Pmcesstrg Recyclins Matoials 9-2L2<f 1I Final a PacketPg. 136 8.A.e c 2011-285 0 WHEREAS, City and Contractor desire to contract for specific services in N connection with the Recycling of Recyclable Materials and desire to set forth their rights, 0 duties and liabilities in connection with the services to be performed; and 4 .c v 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 v this Agreement. m N NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: rn SECTION 1.00 RECITALS a m The Parties acknowledge the above recitals are true and correct and incorporate them herein as if they were fully restated. N SECTION 2.00 DEFINITIONS 4i a Whenever any term used in this Agreement has been defined by Division 30, W Part 1, Chapter 2 of the California Public Resources Code, or Chapter 8.24 of the City c of San Bernardino Municipal Code, the definition of such term set forth therein shall o 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. 01 a y 2.1 AB 939. "AB 939" shall mean the California Integrated Waste Management Act a of 1989, currently codified as California Public Resources Code Section 40000 et v seq. as it may be amended from time to time. m c 2.2 City. "City" means the City of San Bernardino, a municipal corporation. y N 3 2.3 Contractor. "Contractor" shall mean Burrtec Waste Industries, Inc., the entity w entering this Agreement with the City, or any party permitted pursuant to the terms hereof to become the successor or assignee thereof- 24 Effective Date. "Effective Date"shall mean November 1, 2011. C 2.5 Hazardous Waste. "Hazardous Waste" means (i) ail waste defined or E characterized as hazardous waste by the federal Solid Waste Disposal Act (42 w U.S.C. § 3251 et seq.), as amended, including the Resource Conservation and a Recovery Act of 1976 (42 U.S.C. § 6901 et seq.) and all future amendments thereto, or regulations promulgated thereunder and (ii) all waste defined or 5 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': m A. Is intended to mean and include those substances that are not normally expected to be disposed of by generally accepted sanitary landfill disposal E L 2 m P[ohssional&rviccs Ago,coacnt For Processing Rccycl tag Mataods 921.2011 Fnd Q Packet Pg. 137 S.A.e c 2011-285 m _o methods; N `o C B. Shall include radioactive wastes; and 4 c u C. Shall be construed to have the broader, more encompassing definition where there exists a conflict in the definitions employed by two or more v governmental agencies having concurrent or overlapping jurisdiction over R hazardous waste. u 2.6 Municipal Code. "Municipal Code" shall mean the "San Bernardino Municipal d Code'of the City of San Bernardino N d N 2.7 Recycling. "Recycling" means the process of collecting and turning used 3 products, including, but not limited to, newspapers, cans, corrugated cardboard and bottles, into new products by reprocessing or remanufacturing them. o /n 2.8 Recyclable Material. "Recyclable Material" or "Recyclables" shall mean all Solid Waste, garbage, trash, refuse, construction and demolition debris, and any other a Solid Waste which is capable of being recycled. c 2.9 RFP. "RFP" means the City's Request for Proposal attached hereto as Exhibit o "A" and incorporated herein as though set forth in full. - U Q 2.10 Response. "Response' means Contractor's response to honor the terms of the current agreement in place with Burbank Recycling Inc. to process curbside and '� commercial recycling and remit payments to the City based upon the overall o recycling percentage. a a c 3.0. SERVICES PROVIDED BY CONTRACTOR 0 N 31 Scope of Services. Contractor shall provide the services described in Contractor's Response. Specifically, Contractor shall collect City's recyclable material H at a designated location, acceptable to the City, transport the material for processing at o an approved recycling facility, and dispose of non-recyclable residue at an approved County of San Bernardino disposal facility per the Waste Disposal Agreement. o N Contractor will accept materials for recycling from the City's recycling Program serving c single-family residences and commercial accounts. w m Contractor will provide a facility at the location specified below for Off-loading City G recycling trucks. The facility will be available to begin accepting materials by November rn 1, 2011. The designated facilities are: T Burrtec Waste Industries, Inc. Burrtec Waste Industries, Inc. 9659 Agua Mansa Road 5455 Industrial Parkway Riverside, CA 92509 San Bernardino, CA 92407 r Unloading Time/Truck Turn-around Time—Each City recycling truck entering the m Contractor's facility shall have a maximum of 15 minutes turnaround time from the time c the truck arrives at the facility until the time the truck exits the facility. The 15-minute E r 3 Prokm=1 Services Agreement For Processing Recycling Mar vials 9 21 2011 Final Q Packet Pg. 138 2011-285 rcc 0 turnaround time shall apply under all circumstances. w 0 C The Contractor shall either provide separate scales, ingress and egress from their 2 facility or otherwise accommodate City vehicles to avoid queuing City vehicles behind a~` self-haul trucks. v 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. 0 Accounting System-Contractor shall design an accounting system for all n Recyclable materials delivered by City trucks. The accounting system must be y 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 v from periodic sampling, separate processing, or by other means as agreed to by the o City, to establish factors for the percent of each material. In d w The Contractor shall comply with all Federal, State and local regulations that apply to LL recyclable materials delivered to them by City recycling trucks under the terms of this It agreement. c 0 c Unmarketable Materials - In no case shall the Contractor take any City delivered .0 recyclable materials to a disposal facility unless permission in writing is provided by the a City on a load-by-load basis. If the Contractor can demonstrate that a material is not v marketable, such permission shall not be unreasonably withheld. This provision does H not apply to residue that is incidental to processing recyclables. o 0 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 c adequate space to stockpile recyclable materials during such reasonable down time for y acceptance of material without a break in service. "Reasonable down time" shall be defined as less than one day each operating month. H 0 Contractor shall be responsible for disposal of residue from processing of City recyclables at no charge to City and in compliance with the Waste Disposal Agreement. o N Contractor's facilities shall be open to receive materials from City trucks Monday c through Saturday, year round. Facilities shall be open to receive City materials from E 6:30 a.m. to 5:00 p.m. m Contractor shall provide an area for tipping of City vehicles separate from the general 4 public. Contractor shall provide spotting of City trucks in areas at their facility with tight c maneuverability. T U U Contractor shall allow the City's representatives to inspect their facilities during normal X business hours to assure compliance with the service agreement. 5 With the exception of what is recognized by the recycling industry as "residue" or m "contaminants", Contractor agrees to divert all materials from landfill delivered to them c by City recycling trucks. r 4 A Profrssionel Servixs Agrtcrrrcnt For Processing Recycling Mnt<rinls 9-21-2011 Final a Packet Pg. 139 B.A.e c F 2011-285 0 N Contractor shall provide use of a phone to City employees in the event a City driver ° C needs to contact their supervisor regarding City business. 4 c v Contractor shall provide paved surfaces for all areas where City trucks will operate at their facility. All ingress and egress from the Contractors facility shall be paved. v c m Contractor shall make reasonable accommodations to provide tours of their facilities to � the public upon request by the City's representative. ° it The City will not furnish facilities or equipment for this Agreement. n ° N 3.2 Equipment. Contractor shall furnish all labor, materials and equipment 3 necessary to perform the services contemplated by this Agreement. ° 0 3.3. Professional Practices. All professional services to be provided by N 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 0- and skill ordinarily exercised by professional Contractors in similar circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar o with all laws that may affect its performance of this Agreement and shall advise City of c any changes in any laws that may affect Contractor's performance of this Agreement. °- u Q 3.4 Restriction on Manner of Collection. In order to ensure City complies with w the provisions of AB 939, and to accurately account for and report the amount of Solid y Waste including Recyclable Material collected within the City Limits and processed. o recycled and/or disposed pursuant to this Agreement, City Recyclable Material shall not a be commingled with any other Recyclable Material until City Recyclable Material has been weighed and/or accounted for in some other manner. c 0 .y 3.5 Pursuit and Management 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 o 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 N funding in question may be utilized to so compensate Contractor. -- c 3.6. Warranty. Contractor warrants that it shall perform the services required E by this Agreement in compliance with all applicable Federal and California employment m laws including but not limited to those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices, workers' rn compensation insurance and safety in employment; and all other Federal, State and c local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, d 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. m c 3.7. Non-discrimination. In performing this Agreement, Contractor shall not E z 5 ° A Pmfrssional Services Agrccmcnl Fa Processing Rcrycling Mataids 9-21-2011 Fnal Q Packet Pg. 140 ' c 2011-285 0 engage in, nor permit its agents to engage in, discrimination in employment of persons n o because of their race, religion, color, national origin, ancestry, physical handicap, c medical condition, marital status, sexual gender or sexual orientation, except as 2 permitted pursuant to Section 12940 of the Government Code. Violation of this d provision may result in the imposition of penalties referred to in Labor Code, Section 1735. a c m 3.8. Business License. Contractor/Consultant/Vendor 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 rn that are legally required of contractor/consultants/vendor to practice its profession, skill a or business. A 3 a 3.9. Delegation and Assignment. This is a personal service contract, and the o duties set forth herein shall not be delegated or assigned to any person or entity without rn 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 0. this Agreement at Contractors sole cost and expense. c 0 3.10 Duty to Notify City. Contractor shall have a duty pursuant to this o Agreement to notify the City of any charges, accusations, or lawsuits commenced, filed, .2 prosecuted, or instituted by the California Department of Resources, Recycling and a Recovery (aka "CalRecycle"), the State of California, the Attorney General, and any °- other similar regulatory agency. The duty to notify the City shall extend to and include w investigations by the applicable regulatory agency. 0 a 4.0 CITY RESPONSIBLILITIES c 4.1 Access to Citv Documents. City shall provide to Contractor access to all w information and documents in City's possession that are relevant and material with respect to Contractor's performance of this Agreement. 0 4.2 Access to City Owned Property City will provide access to and make m provisions for Contractor to enter upon City-owned property as may be required by N Contractor to perform the services contemplated by this Agreement. —L c 5.0. TERM, TERMINATION AND CURE E m m 5.1. Term, This Agreement shall commence on the Effective Date and end on 3 December 31, 2012, unless previously terminated as provided herein or as otherwise a, agreed to in writing by the parties. Subject to the provisions herein, this Agreement may 5 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 90 days prior to the expiration of this Agreement, or any renewal period thereof. r 5.2. Termination. The City reserves and has the right and privilege of m canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing thirty E s 6 m Rofasiond Services Agreement For ftocessing R<cyeling Mahrlds 9-21-20I t Find a PacketPg. 141 c • 2011-265 0 (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 0 the City. 0 c 0 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 v 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 m within 30 days after the same shall become due, or becomes unable to fulfill its 3 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 n further notice or authorization from Contractor, and its choice of any option shall in no y way waive its rights to select any other option at any time. 3 v 5.3.1 City may give Contractor notice of such default. If the Contractor o does not cure said default within 30 days after it was first rn discovered (forthwith for a default involving any condition involving � safety) or make reasonable progress to cure said default LL (reasonable progress to be determined at City's sole and absolute discretion), City may terminate this Agreement on a date of its o choice. c 0 5.3.2 The acceptance of all or part of recycling revenues by City for any a 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 2 same or any other term, covenant and condition. Any waiver by a City of a default on the part of Contract shall not be construed as, v or constitute a waiver of, any subsequent default of the same or w any other term, covenant and condition. o .2 5.3.3 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 w is issued to City by Contractor by registered mail, and if City does o not cure said default within thirty (30) days of receipt of said notice o or makes reasonable progress in curing such default, then N Contractor may immediately terminate this Agreement, and recover at law any and all claims which may be due. 5 0 E 5.4 Compensation. In the event of early termination, Contractor shall pay City 0 compensation for all Recyclable Materials delivered by the City as of the date of a termination. m c 5.5 Documents. In the event of termination of this Agreement, all writings a prepared by Contractor in its performance of this Agreement including, but not limited d 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 r 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, m printing, photographing, electronic communication, and every other means of recording upon any tangible thing any form of communication or representation, including letter, E E 7 A ProfessionN Services Agreement For Pracessmg Recycling M.aterfWs 9-21-2011 Final a Packet Pg. 142 c 2011-285 0 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 ° c Agreement. °- .c m 6.0. COMPENSATION AND ACCOUNTING D 6.1. Revenue Calculation. Revenue calculation shall be calculated as set c, forth below: 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 d calculation will apply: 1500 tons less 40% = 900 tons x $15 per ton = $13.500 net n payment. At the end of 60 days, a mutually audited waste characterization will be performed that will potentially increase the Contractor payment to the City. If the said 3 waste characterization demonstrates that the City's residual reduces to 30% or below, v the Contractor's payment to the City increases from $15 per ton to $20 per ton. If the o said waste characterization demonstrates that the City's residual reduces to 25% or w below, the Contractor's payment to the City increases from $15 per ton to $22.50 per 6 ton. If the said waste characterization demonstrates that the City's residual reduces to LL 20% or below, the Contractor's payment to the City increases from $15 per ton to $25 W per ton. If the said waste characterization demonstrates that the City's residual reduces c to 15% or below, the Contractor's payment to the City increases from $15 per ton to$30 0 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. Quarterly waste characterizations and potential per ton price change will d happen upon mutual agreement by both parties. At no time during the contract will the 2 Contractor charge the City or increase the residual deduction to more than 40%. a v c 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. g Contractor shall be responsible to perform periodic characterizations in accordance with best management practices. The City's representatives shall observe any future characterizations. Any recalculation of revenue from subsequent characterizations shall o 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 o of the City's material, net of residue disposed, be less than $zero ($0). c 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. d Payments to the City will include California Redemption Value applicable to curbside a Recycling programs. Q rn S 6.3 Late Payments. Interest on amounts past due will be assessed at the rate T of 1.5% per month. 6.4 Monthly Summary Reports. Contractor will provide the City with a monthly U report on the overall amount of Recyclable Materials delivered by the City recycling trucks. Monthly Invoices shall reflect the established percentages of each commodity m' type. Contractor shall submit the weight tickets and monthly summary report to the City within thirty (30) calendar days following the end of each month. E E 8 m Pmfasional Services Apeement Foe Processing Recycling Materiels 9-21-2011 Final Q Packet Pg. 143 2011-285 R _o 6.5. Additional Services. Contractor shall not receive compensation for any In services provided outside the scope of services specified in the Response unless the C City or its Project Manager, prior to Contractor performing the additional services, ° approves such additional services in writing. It is specifically understood that oral v requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. v c 6.6. Records and Audits. Records of Contractor's services relating to this d 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 five (5) years from the commencement of this in Agreement. Contractor shall maintain books and accounts of all project related weights y by material type. Such records shall be available at all reasonable times for examination 3 by the City at the office of Contractor. o 0 7.0. TIME OF PERFORMANCE in 6 W 7.1. Commencement of Work. The professional services to be performed o. pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. e c 7.2. Excusable Delays. Neither party shall be responsible for delays or lack of °- performance resulting from acts beyond the reasonable control of the party or parties. 4 Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, riots, acts of war, or any other conditions beyond the reasonable control of a w party. o Q. 8.0. INSURANCE c R G 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: U N (a) Comprehensive general liability, including premisesoperations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal N 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, d aggregate. E E d (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million m ($1,000,000.00) Dollars, combined single limits, per occurrence and 5 aggregate. a U d (c) Workers'compensation insurance as required by the State of California. 82 Endorsements. The comprehensive general liability and automobile ro liability insurance policies shall contain or be endorsed to contain the following c m provisions: E L 9 � m PmRssiontl Services AgKemrnl For Prxesting Recycling rt1aoenels 9-21-2011 Final Q Packet Pg. 144 c 2011-285 0 rn (a) Additional insureds: "The City of San Bernardino and its elected ° C and appointed boards, officers, agents, and employees are 4 additional insureds with respect to this subject project and contract v with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, v a nor the coverage reduced, until thirty (30) days after written notice � is given to City." u (c) Other insurance: "Any other insurance maintained by the City of rn San Bernardino shall be excess and not contributing with the insurance provided by this policy." v 8.3. Certificates of Insurance. Contractor shall provide to City certificates of o insurance showing the insurance coverages and required endorsements described w above, in a form and content approved by City, prior to performing any services under this Agreement. a LL 8.4. Non-limiting. Nothing in this Section shall be construed as limiting in any o way, the indemnification provision contained in this Agreement, or the extent to which c Contractor may be held responsible for payments of damages to persons or property. °- U Q 9.0. GENERAL PROVISIONS u a y 9.1. Entire Agreement. This Agreement constitutes the entire Agreement o between the parties with respect to any matter referenced herein and supersedes any a. 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 c terms of this Agreement shall prevail over any inconsistent provision in any other °- contract document appurtenant hereto, including exhibits to this Agreement. U N 9.2. Representatives. The City Manager or his designee shall be the o 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 o Agreement, except as otherwise expressly provided in this Agreement. c Contractor shall designate a representative for purposes of this E 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 rn expressly provided in this Agreement. a rn c 9.3. Pro act Managers. City designates the Public Works Director to act as the a Project Manager to work directly with Contractor in the performance of this Agreement. d it Contractor shall designate a Project Manager who shall represent it and r 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. m c 9.4. Notices. Any notices, documents, correspondence or other s 10 m Profusional Services Agreement For Processing Recycling Materiils 9-21-2071 Final Q Packet Pg. 145 c ' 2011-285 0 communications concerning this Agreement or the work hereunder may be provided by rn personal delivery, facsimile or mail and shall be addressed as set forth below. If such c 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. d 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 `m paragraph. v U IF TO CONTRACTOR: IF TO CITY: v Burrtec Waste Industries, Inc., City of San Bernardino 9890 Cherry Ave, Public Works Director m Fontana, Ca 92324 300 North "D" Street m San Bernardino, CA 92418-0001 v 0 Attn: Michael Arreguin Attn: Nadeem Majaj m a; 9.5. Attornevs' Fees_ In the event that litigation is brought by any party in a 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 o the prevailing party in the exercise of any of its rights or remedies hereunder or the c 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. .2 m N 9.6. Governing Law. This Agreement shall be governed by and construed o under the laws of the State of California without regard to principles of conflict of laws. a v c 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 3 the Central District of California. The aforementioned choice of venue is intended by w the parties to be mandatory and not permissive in nature, o co 9.8. Assignment. Contractor shall not voluntarily or by operation of law assign, o 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 d assignment shall release Contractor of Contractor's obligation to perform all other a 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 c 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 d 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. m 9.9. Indemnification and Hold Harmless. Contractor shall protect, defend, c indemnify, save and hold harmless City and its elected and appointed officials, officers, a E L 1 m Professiand Services Agreement For Processing Recycling Maeriels 9-21-2011 Pinsl Q Packet Pg. 146 8.A.e 2011-285 c N _o and employees from any and all claims, liabilities, expenses, including attorney fees, m damage to property or injuries to or death of any person or persons or damages of any C nature including, but not by way of limitation, all civil claims or workers' compensation 2 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. v c m 9.10. Employment Indemnification. Contractor expressly waives all rights to w 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 w injuries to Contractor's employees and agrees that the obligation to indemnify, defend, w save and hold harmless provided for in this Agreement extends to claims brought by or w 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 v and employees-0 in 9.11. Hazardous Substances Indemnification. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification LL fL obligation in any way, Contractor specifically agrees to and shall, to the maximum M extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnity, o and hold City and its past and present officers, council members, employees, o consultants and agents (hereinafter "Indemnified Parties") harmless from and against .2 any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, a liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and .2 all other losses, damages, fees and expenses of whatever kind or nature ("Claims") 2 (including but not limited to response costs, investigative costs, assessment costs, a monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and a similar costs, damages and expenses) that arise out of or are alleged to arise out of or C in any way relate to any action, inaction or omission of Contractor that: o N (a) results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in anyway obligated to investigate, w assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any Hazardous Contaminant(as defined herein); or a 0 (b) relates to material collected, transported, recycled, treated or disposed of by Contractor. E Contractor's obligations pursuant to this Section shall apply,without limitation, to: v m (a) any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), S 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 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- z 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 00 environmental statutory or regulatory provision; E r 12 m Professional Services A®eemcnt For Processing Recycling Materials 9-21-2011 Final Q Packet Pg. 147 c 2011-285 p (b) any Claims based on or arising out of or alleged to be arising out of N the ownership, use, lease, sale, design, construction, maintenance or operation of a Contractor of any facility; 4 c v (c) any Claims based on or arising out of or alleged to be arising out of m the marketing, sale, distribution, storage, transportation, disposal, processing or use of v any materials recovered by Contractor; N (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 d or in connection with this Agreement. rn v N The foregoing indemnity shalt apply irrespective of the negligence or willful misconduct of Contractor or any affiliate of Contractor. 6 For purposes of this Section, the term "Hazardous Contaminant" shall mean any `n "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 LL Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section W 9601(14) of the United States Code, any "hazardous waste," as that term is defined o under Title 42, Section 6093(5) of the United States Code and under California Health & o 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 o amendments to the above-referenced statutory and regulatory provisions made before o or after the date of execution of this Agreement, a c The provisions of this Section shall not terminate or expire and shall survive the w termination or expiration of this Agreement. U N 9.11. Independent Contractor. Contractor is and shall be acting at all times as o an independent contractor and not as an employee of City. Contractor shall secure, at o his expense, and be responsible for any and all payment of Income Tax, Social o 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 E hereunder, d m m 9.12 Public Records Act Disclosure. Contractor has been advised and is aware a that all reports, documents, information and data including, but not limited to, computer 5 tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, r and provided to City may be subject to public disclosure as required by the California d Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to W public disclosure may be those documents or information that qualify as trade secrets, r 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. m The City will endeavor to maintain as confidential all information obtained by it that is c designated as proprietary. The City shall not, in any way, be liable or responsible for the £ r 13 m Pru2ssionel Servicm AUc=cnt For Processing Recycling Materials 9-21-2011 Final Q PacketPg. 148 c 2011-285 p disclosure of any such records including, without limitation, those so marked if n disclosure is deemed to be required by law or by order of the Court. � 0 9.13. Confidentiality. 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 v made available to any individual or organization without the prior consent of City. m m 9.14. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification d and/or explanation as may be required by the City's representative, regarding any v' services rendered under this Agreement at no additional cost to City. In the event that m an error or omission attributable to Contractor occurs, then Contractor shall, at no cost M to City, provide all necessary design drawings, estimates and other Contractor o professional services necessary to rectify and correct the matter to the sole satisfaction y of City and to participate in any meeting required with regard to the correction. d 9.15. Prohibited Employment. Contractor will not employ any regular employee a. of City while this Agreement is in effect. X c 0 9.16. Order of Precedence. In the event of an inconsistency in this Agreement o and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If .0 and to the extent this Agreement incorporates by reference any provision of the RFP or a the Response, such provision shall be deemed a part of this Agreement. Nevertheless, a if there is any conflict among the terms and conditions of this Agreement and those of N any such provision or provisions so incorporated by reference, this Agreement shall 0 govern over both the Response and the RFP and the Response shall govern over the o RFP. m c 9.17. Costs. Each party shall bear its own costs and fees incurred in the y preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. y 0 9.18, No Third Pa ty Beneficiary Rights, This Agreement is entered into for the o sole benefit of Gity 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. E E 9.19. Headings. Paragraphs and subparagraph headings contained in this d 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. S U a 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 r as if drafted jointly by the parties and in accordance with its fair meaning. There shall m 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. m E U U 14 m Professional Services Agmemrnl Fa Processing Recycling Maurials 9-21-2011 Final Q Packetpg. 149 c 2DL1-285 0 9.21. Amendments. Only a written amendment executed by the parties hereto n or their respective successors and assigns may amend this Agreement. 0 0 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 v 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. u 9.24. Severability. If any provision of this Agreement is determined by a court of o 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. v 0 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. a LL 9.26. Corporate Authority. The persons executing this Agreement on behalf of `o the parties hereto warrant that they are duly authorized to execute this Agreement on `o.2 behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. a m a IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be N executed by and through their respective authorized officers, as of the date first above a° written. a c n L CITY OF SAN BERNARDINO, CONTRACTOR g A municipal corporation � m 0 _ m VCof . Morris, r� Mic I rreg in, a President N an Bern ardino Bur a Waste Industrie , Rachel G. Clark, City Clerk m w City of San Bernardino a m c APPROVED AS TO FORM: m z James F. Penman, City Attorney m m E s U 5 Prokssiontl Sesvkes Agaemem For Processing Recycling M¢torials 9-21-2011 Final Q PacketPg. 150 REPO RTiRECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY,CALIFORNIA AND RECORD OF ACTION Agree. 97.1051 U December 16, 1997 J J N d FROM: GERRY NEWCOMBE,Contract Administrator 'v Public Services Group,Waste System Division N SUBJECT: WASTE DELIVERY AGREEMENT BETWEEN THE COUNTY AND THE CITY OF m SAN BERNARDINO —° y RECOMMENDATION. Approve 15 year Waste Delivery Agreement (WDA) with the City of San ° Bernardino for use of the County landfilt system,from January 1, 1998 to December 31,2012. o BACKGROUND INFORMATION, On November 4, 1997, the Board approved a standard WDA and directed staff to present the agreement to cilles for approval and return any signed agreements to file fY Board for final approval. The San Bernardino City Council approved the WDA on December 15, 1897, v Approval of the recommendation will result in the adoption of the WDA whereby the City of San m Bernardino is obligated to deliver all of its controllable waste to the Colton and Mid Valley Landfills to v t5 years, and the County is obligated to provide capacity for that waste at a specified contract rate .2 reimbursed by the City, rn m When WDa.'s reoresenlirg 60 percent of the system tonnage Of 1,390,000 tens (less the w unincorporated tonnage which wiN be controlled by the County through franchise agreements) have 3 been executed, it wit be necessary to modify the compensation provisions in NORCAL's contract. Staff has met with NORCAL and reached agreement on the rational for a revised compensation 'o Program that is consistent with the controls planed on the contract rate contained in the Vv�A's. The w WSD will present the modified compensation program for Board consideration when the 60 percent ui threshold is within reach. Prior tc reaching that threshold,the system can cwt;nue to/unction with the existng compensation program in place, a u_ rr RFVTW BY OTHERS: This item has been reviewed by Deputy County Counsel Robert L.Jocks or, c Decembers, 1997. ° c 0 FINANCIAL IMPACT: This action will have no impact on the General Fund. The difference between v the existing S331ton tip fee and the $28.50,41on contract rate will result in reduced revenue to the Q Division in Fiscal Year 1997198. This reduction will be offset by a combination of expenditure reductions and new revenue sources. w N SUPERVISORiAL CISTRICT(sy rifth a° a c M c 0 N N cc: WSD-Newcmbe w14 agrees. Reu:rtl of Anton of the Board of Supervisors COnCractor Un WSD wr2 AGREEMENT 97-1051 DEFERRE E BOARD OF SUPERVISORS agrees. Auditor wiagree, ERNARDINO Contract Compl. w 1agre3. MOTION �. N4 AYE N Co. Counsel-Jocks r;"., p • s Q File wiagree. EA F 0 D 3 Iw BY d, c DATEDIDe RDfNO E ITEM 050a m Q Packet Pg. 1st H7-171 © EXECUTION COPY N d N N R C t0 O N WASTE DISPOSAL AGRF,EMENT `o c 0 Bch+een v v v THE COUNTY OF SAN BERNARDNO,CALIFORNIA m w d U_ and N N d THE CITY OF SAN BERNARDINr) 'n m v 6 U) © Da:ed December I6, 107, w a LL C O G O U Q d a N N O a a c m County Am110618tiun Date: City Atnharimlion Date- e 0 w Denemlxr16 1997 _ Dmtntwr I2._199" U H County Notice Addnss: City Notice Address: v m M N Emergency Contact: Emergency Contact: -� c v E r U © Q ",- 3,1 W'AS7F. DtSPUS.it.A4(tEEhiF.N'f � N TktlS WAS IF,tiiSF'!)S4C auRFiF;]IENi'ismade m;d Jated a;ofthedate indicatef polite 3 .over page hereof between the C,)Ua y of San f)eroardino.a political subilivisior of the State of Ca!itiunia a lrhe"County"),and the City desipated on the cover page of this Agreement,n general taw or charter city j and political auhdiviiion of the Gale of California(the"City") e R ArCIPALS y 0 `o The Coun(y awns, managrs and operates a sanitary landfill syalem for tha disposal of o nmmicipal scdid waste generated in the unincorporated area within the County and which it has made '2 available for the disposal of municipa;solid waste generated within cities located within the County(,he m "Dispoecl System").T ne Dispasai Syslnp cutrcn ly includes 12 active lartdf its and is expected u?consist of tiva acdvc landfill.; upon inrplcmcolationpf the Solid W'asm Partnership Shateery and Implementation v Plan. c R N rho Dispessl System is used frr the disposal of municipal solid waste which is net v composted. reused. reevcled. rransfomed or otherwise diverts# from landfill disposal, pursuant to the 2 iai:Iomia integrated Wens 4lanag=:mtmt Act of 1999(Divisie11}C nfthc C'alifitrua Public Aesorces Code}. y The Act,which mmrdstes the diversion of 5(ry of x Isle frtnn landfill d;s7wsal b) 20{JC.has alreadv reduced ;: the volume of waste delivered to the LvnJfill,. w R 3 The C unry wknes• t!, center into an aerocnsent i irh the City to accept all of tie Cim's municipal solid waste in the Disposaai System for the term and subject to(he provisions )fth,s Agreement, o N and the City desires to use Ili teal atM contrntnul puwets it possesses to deliver o cause to be dativercd ® dsc rnuniciprd solid wasw generated within its boundaries to the Disposal S}•stem for the term of and subjtx# .o fits provisions ofthis Agreement. a LL The C'ii -. in the exerCise of hi polio power nod its waer5 under the A,Z, either di Iwo 0 entered ion+a rianaieisu+lrother ascrment w'tia or issued pema'tw!!"mdi to ove:;r more private luulcrs c for the cNlcetion.utd disposal rat municipal solid waste gcneratd v dhir:the City m(iiI collects n:unieipat g solid wane rcncratai within the Ca:in City owned and operatcd collection cehiclvs. Q d The Ci;) nos dCenninui that tic c.\ttiutiJn of dtis Aguciuen:ivy site City will srrve he a pubrie bealtll,safely and welt5m of the Coy by providing greater&posal rate slabilir:,more predieGtble y and rcliahlz long-tern:disposal servicc,and tho Continuation nf.sound environmentai management U a The County has determined 11[41 the exception by the Cmnnny of tits:Agreement will serve rho r=thli.:henh6,sal'rry a1d vse'fvn lay pmridiae a user stabia predictoblc and reliably supply of mnnicihal e whei s,aste usd :e resulting ccwdcc payment revenue to;he Dis sal System,rhen:hy enabling the Couno, o r' y .0 plan,menace.ocera[c and fruanx improcnnrnu to the Disposat System ou a ruse prltdent atui spend N long term,ousiuc+Aikc basis, n _N O Official rtion a,^proeing this Agrerrcnt cost tk9ernining it to be in the poi?5c interest and authorizing its execution and delivery was duly :;ken by the Cbunry on the County authorization dery indicated on the cover page hereof. N Oftirial action approving this Agreement and determining i[to In in the public interest and o authuriaing its execution and delivery•was duty taken by the City art the City authorization date indicated on the cover page hereof: c m E 1 t U ® Q PacketPg. 153 97-371 It Is,Therefore,agreed ac follous. N m Q N m C m O N O C O G d d a c m N d U d rn m ti 3 v �o N Q K a LL C O C O U Q d Vl O IL v c m c 0 .y h 7 U N O M O N Q O C d E L u ® I Q I Packet Pg. 154 ARTICLE 1 MUNITIONS AND INTERPRETATION Iv m v 5Ef'I2U\ i.i. UffiMfl(lSi. the ft1IIVW}nkfKma shaEl have N the meanings set Garth below. j C a ":tccCptable\\'a tt"rttrans all gar!•agv.teP+uc,nlhbi�h and other rnurerials and snbsnusc-es � di.:ardea o,rejecled as being spenC useless,%virthiese oral exec"to the owncR At the time u;such discard rn or rejection and which Are normally disposed of by or collected from recidend:ll(single family and mull: ° family),commercial,indusarisl._Ywemmemal am!instimtivul r.;abiish:nrnts which are acceptable at Class o III!andrilk una•r Applicable Law f inctuding,widlout limitation,the Legal Entilleruents ftre,mh taeilirv9. c m "A.u"means Coe f'aFfunia Integrated WAUe 1lanagenteAt.4ct of 1981)(Division 30 of the K t"aiifornia puhlio(LCSOures amended.<,ppkmentcd, npumAlcd and replaced from titre to time. c "Agreement"mean this;Waite Uistatsal Agreement bctucce the Cmauy and the City a,dm y stma nim ha:m•rnded Cr uovlitied from time to time in accardancc herewith. o v "Appordl.­meJlli a:1 a111K1!di%tClh1G.4gR4tllienl.ud.0 Sti9e ma}}tN.amended or(,,willed rn irons time a time in accordance:with the terns hcreef. m m to 'ay,piicahie Law" MC]C3 the Act, the San Itcmardino t:'oumy Ccvdc, CUCL:I. RC'RA, t.'EQA. any Legal F:nitlonwnt and any fedecai nr store rule. r°ediation. requirement. guideline. permit, v uc!wn,daa'rmmati;xt Crurdcrufany Cowromc!,14I Body hav;ngjorisdirtinn,applicxtbte fmnl trme(,time m ® Iv the siting. desia n. peMimiatp.,ae ltvsition. ::nn,vuction, rqull:ping, tint CHIP. nwncrsitip. passcs:i.m. y operation or maintenance of the Dup.¢ai ;,Stem, the lranvfer. harvdiing,.lran>porusuon and disposal of � Accept;,hie Waste.Unacceptable 'Aiste.nr am:miter transactitr Irmancrcortempla^ed hereby imctuding LL auy of the tbcev;lm_wt,ic:h cemcetn hcaith iafr:), tire,peer::iunenral pr•ttecticn. mitigation merit,rinc ptaa:a113 i!Llldl(IL CtktCS.l. C O C "B..rad"tnean.the C al;lamia Ente,rUCd l4'a,;,:\lanas:emeai livani o u "!`ItQ;i"nursrx.t!:cCth:unna Em,cn11clmi Qoolit) Act,:Wi!ied at Cal Silb Hrs.Cn.�:... d <ecd,:cl7:Diu u:;va.1Ke.:. i9�h;asamcnded cr euperxcurd.aadlile muusnarr pen_rnufgated:hereunJn. a .N N "t'f:R.C,t •1" mn+nz the t.'omprchen.aae E::vivaan+:ntai Reapun,ibifin Ccmpen;anon and a Liability Act.4' 1. .S.0.1,Section 4601 pry.(Nest 1995-A Supp. 19u6i.an amended nr cug)ersedcd,and M ihv re.>!ulattuns' prup!ulgated wcr•umkr. C al c 0 'C'hunce in Lau"means anv ar dw`c ite-uing ea art;ar;andih+ue•which hasa ntatc+rLil:md ad+rtie ePSa wt:i:e pa:gym;arae ha the i:.l^ies rl(heir rcspecm C ehligatis+m urdcT thks Agreement ttu:aht j Ge pnymennshyga;i..a+.!,or<et the swing.dtsign,permitting.acyounian.ronsmct;.tn.eq»ippiag,riltanring. � utsntrnhip, pa.c,.asian, upefatirti or maimrnancc of the Ihsprsai System or ,ether mat!cr, m whi<;h p Appheahie law al+plies: .. ro M (:t} IItCGnattmlffiI!.aliVpti4n,t)rU11Nl�a4:)Il.IfiSGanCe. malNRll m%Idltfeajipn tie NYi(itn CA cbavge in admir:utrnt,Ac or)udi_ial interpr,.wl,n on or alter the C Uorncncrment Hate nt any Q Applicable Law rothcr!han Appfcatie Lain ensewi by c v E � U © a Packet Pg. 155 © 97-37; U (2t the order of juJ4!nen: of am Governmental Body(after than the Count-),on or aliur the Commencement Dare,to the extent such order eriudgment is not the result of wiliful or ry v negii_att action, eras or na!issi.an or lack n!'reasonnhle diligence<F the County or of the firs, o whicha}er it a<scrtiuk the iKeIIRC!N:e Ufd S.h9!!t?C In LaN;f}f6yj�,however,that the contesting Cr h,good faBb nr the good faith d[rision.not to conceit ally such on.ler nrjudgmetu 5I1111 na constitute j or bo constreed as such a willful nr negligeni action, error or umis,ion or lack of teasonable thliG[9iee:Jr O N (3) the denial of an application for, delay in ilia review, issuance or renewal of or o suspension,termination,iuttrruptlnn.impoikion of a new or nore stringent condition in comtccdon o with the issuance,renewal r,r 1Lilure of issuance or renewal on or after the Commencement Date or .G any Legal Entitlement to the extent that such denial,delay,suspensiou,termination,interruption, m imposition or fathhrc matcriall) and adversely interferes with the rertcr once ofthis Agreement, K if and m the extent that such denial, delay, susiension, termination, interuption, imposition or v failutc is nna the rewlz of wifitul w negligent actw,n, error or omission. or a lack of reasonable tee diligence of the County or of the Ciry, whicheter is a:scrtin,•t71c Hotta^.elite ora Change in 1.w; W pCt;_v J,however that the ccnteshng in got:d taith or the goof laith dcs;ixem not to contest any latch u denial,delay,suspension,xrn+inatinr., inn runtinn, imposition or failure shall not he e[m5trued ii shah a w diiul or lwgOgaat action,cr or or anission or lark oPtcuon»his diYgcnze, rw m "Cihange in f.aw shah not include actions taken by Ovi,crnmmnlel Bodies To enforce requirements of es Aoriicab)c Law. 3 v "City" means,as.,ppNcafl the city do;ir;nated on the cover pa?e of this Acrecmani and y° p:uay to iI!is Agreement ci 'Pity Acceptable Waite" means nil;\e:eplabfc W''astc which.•tills originally discarded by LL the tirst gcrneaao: therilc`ivitbia dm ge;>graphi,;A limits of the City'•and Residue train the fihregninti for S2mt!tac C4)!ti•aicpaie.o`,uch Residues,as and to the extent prosidcd in subse tio1 3.it(:)be,,oQ, p _ c "C.rtrtria Dita" retain,.the date c!'de.lotm oi'this.4grecmen-as executed I,y die paries O- neleL;. O Q N 'Cunrraa Rata'ha,Uu+rttcanin ,irM:,icd u:Seal;}n 4.7 hereof. _ a N N 'Contras Year"nheansins fiscalyearcommencing oil iulj I !nany ,a-. and ending on Jar. a 3t of the tulio,viog pear. O c A 'C"P.It ,iiahlr iYas;.:"means alt Ciry Acecptahic Wfvlie with,e.:ixet to which the City has o ii}c legal or a±ntractual ability:to determint to disposal location thercfs and+,hich la; .y N J (l) \omDiver0.d City Acceptable Waste: w 0) not otneratad from the operations of the Giverntnoatal Bodies which, under o Applicable Law,have the independent p aver In arrange for the disposal of the waste they generate (such as school districts ana State correctierhal tkeihties): c (3) not Residue eich:ded flom the Waste Deliver Co}ntant puc:uant to Sca:ion '.1(C); id) not inert materials, aonntructien and demolition debr•;s, green N:tste ar:d other o materials width can be disposed at landfills other than Class fit landfi lls;and 3 (5) collected and)aided by Franchise lfaulas. v E a r U © a U "Count" means the Count. cf San ldenunlhto, it political q'd)divisIQn of the Statc of OFfomia and parry to this Agreement. N °Cour.:yµ'ooh Management&ne!prse Fund"means the waste marsagrn!cnt enterprise fund m omablishecl and un ntgrd by the County pursuant tk'Sectioa 23261 of the Covemrnent Code separate from > its other funds and acccmm,, for raceipis and disimnements in connection with the Disposal System. e 0 0 "County-wide Recycling Services"bas the meaning son firth in subsection 16(A)bereof. m 0 "tksitnated Disposal Facility"ineans the sanitary landfill or other facility operated by or c for the County as fart of the Digpositl Svvem which is designated in Appendix I hereto as the disposal iocation fur Controllable Waste dciiverrf to the County pursuant hereto as of the Commencement Date,or such other additional, alternate or replacement sanitary iaudfills or other disposat facilities as may be C designated by the County as the Designated Disposal Facility(subject to the approval of the City)in n acerrdanee with Section 1.2 hereof m N d "Disposal Ag[eemntts"mr>ru each nFthe waste•disposal agrcum::azs rmcve+i into br(ss!,cn °- the Cfrunty and anv city within Una County in aceordanee bcmwith. d in "Disposal Services"means the solid waste disposal services to he provided by the County y pursuant to the Sem ice Coven=and nrierri>c hereunder. 0 a "Distxut Scsicm"moans all sunirtry 4audfilis and outer solid waste tranrfeq trancyx)rWtion. morn ,handline,processine and disposal facilities.now or at ally firne owned,lea man ,ed, aged,opented to e n © by or under contract to the County for the acecpure:e,laudling vvxcssmq.and dwAt tai of Acceptable Waste y delivered by or.:n behafi of the City under this Agreenent. utcimling the Dcsiginued Disposal Facifties listed on Appendix I and any expansion iher+.,rf. all as more panicu',arl> described in the Solid \4aar LL t•arnicrship Strufeuy and Implrmentat:un Flan. c 0 "Dispc<;d SyIWM Cor..ponrnY'means am Wndf"U,taeiliry,structure.work,equipment,site o or other rcai ur;.ea;nal pr,%pert; constituting a.anipnnent pan IA'the Dispasal Sysmrn. — U Q "t1i:eCa:d Cite Acceptable R';IYtc" means any othcrwi+c C'nntr,>fiuble Waste which is m separated 5orn Acceptablc Vk astr by the yrncralor thrre:)f or by processing and sMlkh is "diverted"within m the meaning of SCUIUIi•10180 of the Fubiie Rexngca C�do. N 0 a "h•raachise tfaukr"means anp haularexadtcctnr who pnsvi+dri A.eep;ahk Riostr nolk•.;tuw � wrv:ees within the City pursuant to,nr under auncNity Warned isy..t o<aatact. franchia:cur other agreement a wish the City. Mir !erfll Franchise hauler inhales the Ov ilwlf if Acceptable µ'aim collection and o ba.isporation s.nitci aer pn)r ideJ Jirral} bx (.4,,operafrd municipal co1!eciiem+erv'ite, 'y N 7 Y;or'rrnm.'ItA R'>,dy" means any federal, State, count),, city or regional legislative, w cx<outh,t.jndic'.al or other lCUCernmenial beard,agency,authority.committee,administration,court or direr O body,or any officer thereof acute within the.=.cope of his or her authority. M O �d1aSa(dOWS$n DStancG"has tnC meunittg gtYCm such te:rtn rn thg 1(CS<airce(,UnsC(VailJn and � Rccosrry'Act, 42 U.S.C.6130; ei scri.,CERCi..h, amd all future tm i ndinents u,either of them or w defined Q by C>tlifcrnia s(atlne ur by rho Califomla Environmental Protection Agnlcy or the California Integrated 3 Waste Management board,or any of them. c d E S t - U © Q Packet Pg. 157 9;—ales © Cj "Hazordous H'asW' mean.Pq urty loam which by ream of its quality, ermc,titrotien, aarr i:ior,or physical. chemical or Infectious Characteristic's may do either of the N10%viog:cause,or "f sigoliicand) contribute m,an increase in morality or an increase in scrouc u eversible,or incepaciuding reversible,illness,nt you a substantial thrcar or hu>tential hazard to hmnan health or the environment,or anv N 0 unstc which is defined nr regniatad as n hazaNtnts waste,toxic substance,hazardaes chemical suhnattce ttr > mixture,or acbesroi under Applicable Law,as amended from time to time including,but nut limited to!(I) e m this Rc;ouro Cunsenation and Itrencery Act and ate rcgulati+ma enniained in 40 CFR Pitts 260.28t;R) o the Toxic Sut+skuces Control Act(15 U.S.C.Sections 260) et.cad and the regulatiuns crntautcd iit 40 CFR U) Potts 76t-766;(3)the California i{eahh and Saf t)-Code,Sterinn 251 I9(West IW2 di Supp. 1996);(4)the `o Califamin public Resomaes Code,Sectiun x0141 (West 1996):(5)CERCLA and regulations promu;pted c :hereunder and(6)d3hrre additionN or subgCtute Applicable Loa pertaining to the idemification,treatment, vortge or disposal of toxic substoteas or hncardous wastes;at(b)r.t6.lactive materials which are source. special nuclear or hy-ptnduct tnalennl aedefirred by die Atomic fncrgy act of 1454(42 US.C.Section.2011 � yj Saa.)and the regulations contained in !4 CFR Pan 40. -p c n "Imp oned Acceptable Waste" means Acccptable Waste that is gencrated outside of the gcographieal howidarieS of the County and deiiveccd to the Disposal System. o "In-Couniv Pmccssin F3ciNI" mean$ -911y Prueostirg Facility located Within the tw gcouaphica)houndaries of the Counm,m hcibrr owned andor operated by'the County,any city,or private °? operator. 3 "lndeprndeat f(auters"nttans thou waste wl!ectiun:Tla.0 her companies prinmril} ur:gueed 72 an a principal business in the cuilearian and transv nation of mmticipti solid Waste generated in the County m° ® of San Ranlardino and not under a fanchisu or otheraontrut with a city in the Ct+unty. y K "farm"'ra;tlfv nnsn;mg specl[icd in 5,vtirn 6.H,A}hervuf. IL LL 0: 'I l},al Frtnrlertient" n tivis ail perooly. licenses,approvals, alt:h:Yl[a1;9n5. QOiisrnL",and CO CntiLCltAYiLi lit P'ha;etgC l,tnit 4;14 1!J•-:.".ci de."Cy:hed w}nch are required imilttr Applwa+Jlc [..it, to Ile c ill arced rn nw;nla recd by any perom with resIxci tit the Disposat Sys:Cat N' dIC pelf lrnWrlCC v,t aRl 2 obiigacion under ilik.AirrtaMeril or the mauvr:covered hereby. ° Q d 1,C821 Prcn:adiag" means aver)- action. suit, iitlgatiGn, whilratian.. adminl;frative gro:eeding.and other kga!or equitable pruccaiiug hm illg a bearin3 upon this Agrevmcut. w 0 a "Loss-anJ-Expense" mains am 4u.i all lose.AJbihn'. nMija iM+,dar:a_t,etclay,pelulty v jadumenl.dcpr,it.cosh.cxpenw. .•ktirn,dcssal:d.char¢<. I;;x.ar expense.mciadinaal!ices and,:rests. m c "Civt-o&Count, Prmac sin Facility" means a Prc�cesaiug Facility ! c i g g SCa Gd OU(SidC fhC �N geographical beunv+ares of the Courts � U N "Vorl-f11Vet[lKit'IR':ACCCfitablL WaSU'"mC:ItIS all CI;t'ACCiptablP trl:LQB IHIKrtl331'Diverted 0 C;ty Acceptable Waste. . to r1 "Che due Rate`lutans the pcst-judgment raw of interests zifled b o ) pi:' y the lass cfthr State. � Q "Pn?cessing Fa:ility" means any mJteriak recovery facility, c.+mpnSting facility, � intermediate processing center,recycling center•incinerator or other waste management facility to which 3 City Acceptable Waste is delivated for pnxessing prior to disposal d E 6 Q 9',-371 © U "Prrdtibikd\iedical W'asro"means am meacal nr infeel2;w+wastr prohibited c+r ryehictad —t under Appli<abic Low from being reccived by or disposed at the Disposal System. J x w "Qualified 119nsncOid Hazardous Waste"means waste maxrials determined by the board, v the Dvpartmcnt of f leaitii Svrvirct,t1w State W'atev Resources Control Beard•or the Air Rcsoumvs Board to ha c m 0 (I) Of a nl:u2 that they mutt fx lisu^d as funz:fnfwu in State sbrNG:s and regufaticns; :n (?; Tuxicfigiitablrkorrosivc:n:etfivu;and o (7t Carcinogenic!nmlagauc'rcratcucttk; C O which are direarded from households as opposed It,husincs%5 Qualified lil,;ehold kfarardoa,Write shall y not include Unacceptable Waste. m K "Residue" means any material remaining from the processing in permined solid waste c f"aci.`ities or tattler t'aciiities, by any nredm and to any oxiem,of Citi Acceptable Waste or Diverted City w Accepabtl Waste. M .� "Rcsuwcv Conservation and Rccovery Act"nr"R(,RA"means dto Resource Crmservation w and Reco%c:,y Act,42 U.S.C.A.Section 6901 mina.(West 1987 i Supp 1989),as amended and superseded. y N N "tieit=l fouled Waste"means City Acceptable 4\`rite collected and hauled by$elf-Fheufers. ?� v "`;vii Oaekr"mans any pc.rsc:n not engaged urmmcrviaily ill waste hmilagc wbo collects o and haufs A.cepulflc Waste gcncrat A from msfdcmial or businoss actit•ities ccnducted by such person. rn © m r 'Sen•iev Covenant,mains the cuvcnarts and agre:mer.,cf thr. :outt[y set forth in Sa.;irns a 3.Z anJ 3.'hereof a K c "State"]n CaiiF Site$race 6(r.aiLi%rnla. O C O "Perm'shnl:teem?ti;c'Tvnu:tf this Agreement spo-clfied in Scrritm 6 Q 'Ton"means a short Ulf!"of 21000 pounds. 9 w "Trnnstur Station"mean+any a»osfer statim:o,othur wutc handling or managericnl fnciliry o to u!?i•:4 solid wasw cofivctml for the City is detivvrnd fit transfer, prxaseing nr SransSeymn!inn hckjre a dirm:a'i:ufw Disposal S;.aem. "Vnacceptubly Waste"means lia?acdnuc lVaste:'t Lt2artk?.c<Substar:cz;Prohihlux lkletli:at o Qmal;ficd Household flazzrdous Waste separated from;\cecptabty Wssio(er othe ise identified by :t:c Count.in!cads otherwise mnrah:ieg Accepable Wastel;explosiaes,ordnance,highly flammable u ,r:hat.wcys.:md nexinus mntuinls and ltad-acid batleries(except if delivered in+:tinimal quamitiesl;drums Ln and c(oird containers; liquid w;utc. tai(, human +vas(cs: machinery and equipment from mmmercfal err o irWorstrial sources,such as hardened gear.,shafts,motor vehicles or major components thercof,agricultural M equipment trailers,marine vessels and steel cable:hot loads;and any waste which the Disposal System is N prohibited from receiving under Applicable Law. Q p( CI "Uncontrollable Circumsumec"means any ace,evxmt.x vordinon affecting the Disposal Systenf,the County,the City,or any of their Franchige liaulars,contractors or suppliers to the extent that c O E t U © a O t materially mid adver?tly affco6 the ability of cidwr party to perform any obligation emder the Agreement (except for payment obligations).if such act,event or condition is beyond the reasonahle control and is not N also dim ruiult of the wiIIfid or negligent act,error or omission or failure to exercise reasonable diligence on W tine pan of the parry relying thereon as justtficat'am for rot performing an obligation or complying with any Cr amditron required of such tarty under the Agreement,nrnvidud,however.that the contesting in good faith > or the good faith decision not w contest such action er irwcuwt sbail not Me construed as wilful or negligent e action or a lack of rcasunablc aititenee of either parry.Example.,of Uncontrollable Circumstances are: o N 1U an act of God,landslide,lighming,earthquake,fire,explosion.flood,salx:ttge simila o occurrence,acts of a crublie enemy,extortion,war,blockade or insurrection,riot or civil digarbanee; e and ° c v (2)a Change in Law. m K (t is speciGrn;iy unzferstaul that none of the following acct or amdirinai shall P)nstiture Uncontrollable ° m Cin+:msiancez:CA)general economic axrdititwrs,tnicress of intimirxt rates,currency flurtualions at changes N in the cost of fuel, the availability of commodities, supplies or fquipruem;(b) dhanges in the tmanciai U rmdeli�n of fire County,the Ca} or any Suhcnntad:n affecting their ability to perfnno their obligations; icttlx consequertcts of once;,neyltta nrumis..i�m,b}(hetJuunn,aw City.cr any Sufx;xtraacp}r of any tier t,1 n in the pertimnarcc ufiheirnhltgstiens 6aeurder,(d)anion wank vies,requirements or dcrnands which have v the effera of increasing the numts:r of employees employed ill cnmleatinn with the Disposal System or odrenviye increase the cast to the County of apere6agjlnd maintaining the Dispoal System or providing the 3 Disposal Seroices:(t);irikcc+wrk itappap,,or other labor disputes vrdisnubances occurring with re.iirecl 'O to any activiry perforated or to ix,perfuancd by the City-it the County or any of file City's or County's o Subcontractors in cnnnectiun with the f?isposai System or the Disposal Services; (p any failtve of any w Sobcontractor t ,fumish tabor,materials.service or cvluirment for arty reason tether Phan an l`nuentrMlable ..^.i:cum.acmcal:(e"t equipment failure:(h)say inrp:tcl of min.mum wage law,prevailing w:tgv lace,customs a m practices on the County's c<mitructiun nr vperuine..c,rats;or(i)cbaouirg eortditi?ps in the local.regional, ,u national :vaatc di,poial markel. e O G ":.rba:arporalil Area"mans fiwxe i:anians u!'tlnc l::+unCv winch are notaintained wh9in 4 der jnrisdinim,al bv:mdar4es ut incwporated cities. v a d "aasre gispr.Kal Covenant" means the anerants and aurceme:us of the CKy set t6nFe in a Secrian 31 !u:reor. "N N 0 SELt7OX I;};JJQN. In ihi. Agreement. uniess the context ethnwise a rquiran: e M c i.\;&tircnc<siicreto. The[emu"hereby",`ficrert"."herein",'Aere:r::dcr'and:mv::imiia- � N ' - terrns ate rtier¢rves to this.Aereement,and the Setts "'heron tier' means After,and the recto 'hererotlxr' � -Ieaas:xrore. the Contrret Dale. u N l,133 (lender and Plurality. \Cords of'the masculine gender mean and irr.:Iude correlative unrds of the feminine and neuter genders and words importing the singular number mean and melt,&the M plural number nod rite cerea. c N (�} Persons. 4ti'ard3 lmpefClnui persons Include firms, companies, asSOGlatlnn5, gelleTal a0 partnerbilm,}inured partnership.,trusts,business noes,corporations and other legs! entities, including ?i public bodies,as well as individuals, ° g U Q a ® 97-37:. ci tM I leadmes. 'fhc table of veatcnn and any Itradinss prn:ediog dw teat of the Articles, J Suctions and xuhsceliom oaf Ibis Agreement shall he solely for convenience of refercocc and shall am Pi constitute a Ian of thi,Agreement,nor shall the} aMet its+.-,caning,construction or ectect. N N (F.!€pj�G,.apr__raent. This Agreement contains the entire agreement between the parties in hereto vv ith respect to the transactions contemplated by this Agreement and,except as expreaxl}•provided al otherwise herein.nothing in this Agreement is intended to confer on haulers or any other person other than o the parties hereto and their resilwive pecmined.successors and ussigrs hereunder any rights or remedies rn ender or by reason of thii Agreement. `o c fF C. n ao -his Ag eetnent mac he executed in any number of original counterparts. sts-.1I?=C s AI!sbwh a:m!arpurs shall con-situte but one anal the same Aereement. m v Y ((I),?,PDJjyiikltj,;lsy, This Agreement shall!x Rnvtmed h} wbd coos!ruvd in accordance a with the Appiicahla taws of the State.of CaliFomia. N (N) ;jyy�} }jpg_(g;�, All accounting tsnns used Iw:n.u,pctif<calty defined herein,ha a ll °_ he:iaistrwl is aceurdurwe with.all aceotuttine dMCrn;inatirnbs hereunder to he made shall be prepared in accnrdnncc with generally ncceptahie accounaing,principles applied en a eons.iszent basis, to m iU Seygr xx...hilig_ ((arty claw..pmcisiou,sabsuainn,Sextmn nr.lrl leis:of this Agreement 3 shat]he rnlwi invn,id by any cenrt ofjurisdietion,!hen the pnrUcs shall(t i promptly meet slid neyotiote a mhstimtr(c:wch clause,pmvtrinn,sntxecthx>,Section or Article which shalt,to the grossest exmnt legally pem»ssibie,ef&ct die intent of doe parries themir,i2 i if❑eceasary or desirable toaccomplish item(1)above. +n ® Apply to the court having declared.uich invalidity hr ajudicial acristruMion of the invaGdalcd ar:rtien ot•diis y Agreenent;and(l,'ne5,etiate such ehstrges in,YnbatitUheMS f'nr M additions to the remaining provisions of w Isis.4,wxeemew us may be necessary in eu?dition to and in Qee1junctirns witb items t 1)and(3)above to effect a• LL tote totem of the parts in the invalid ptansien.The mvaiidity of such clanse,provision, subxeeli0n.Section or Article shalt not aff4et any of the remaining provisiom hearof.and this.Agreement shall be cons lved and o ent'reed a> a mwb invalid portion dal not exist, ueticss sock mvalidilY frustraxes the undariving prie:ary c pugxr,c or the A+renmcnt. O U Q tli Integ ar slur.. This Agnerncat contains tits entire agreement between the parties wirh m respv:l to the tran>actions contemplated hersttiy.This Agreement shall completely:md fully snpersedeall :° prior vnderstandincs and agreements between the fhries wtdi resixct w such transactions. m a a lKi;3c.4.iW17,Tlr<rcuiwh ur this Agreement are met intenu'ut to bind the patties hereto In a the event of a au:tiitt F,ctwcen the recitals and the operari:•u provisions of thh Ai.ccttent,the op¢ratire m provisions sh.tll pmvail. The.mcimis shall not he used to interpret the provisions of the Atimenient. o iii N J N_A L7 M O N_ a 0 3 d E 9 r v a ARTICLE It REPRESENTATIONS AND WARRANTIES v SHCTK)N ?.:.IIC'.PRGSInV i.\f[gr•S ahjl a',%RRAN Ffr..S Qp T.( ,(;.IjY, The ['.sty represents and v.nrrants that: m (A) The Ciq is a gerwral lay of charter city validly existing undo the C,?nshtution and laws of Site State. N 0 (8) Due Autiloriiation. The City has duly authorized the execulion and delivery of Illis o Agreement and this.Agreement has bccn duly exeettted and delivered by the City. .2 0 (C)N,Q,CUP.flsB "dither the execution nor the delivery be the City of this Attreement rl v 0 the perfurniatwe by the i:iry of its obliptiuns hereunder nor the consummation by the City of the '0 transactions contemplated hereby(1)conflicts with,violates or results in a breach of any Anphcable law oe(2)conflicts with, viwatrs or results in a breach of any term or conditions of age cuntrav% agreement, y franchise.judgment,instrument or decree n,which the City is a party or by which the City or any of ir3 2 pn?pertics or assets are irex;nA,or constitutes a defauh under any such rnrt:ract, fianchi.c,judgment,dcerce, 0 agreement or iustru[ncnt. N d m Litisat;_rc. Titetr is na ac;ie?n,suit or-,the pmceedint.at sal.or cquiry,before or 3 lay any court or Gosemnreitfal MAy pending or,to the Citv',bra knowlnigc,tl?nnlonud against the Pity in ,0 which an au;zw-.able door.ion.rulingvrfinding which would malciially and;ui.etse!v afivE the vatidi;y ' of or enf?rceabihtq Of tilk Agreement or any other agivemen!ur instalment to be entered in", o Iry the City 0 ® n.:nnrcc6an with the tYansactiwis contemplated hereby,ax which would materially and ndver,eiy affect the 6 porfnrnavea by ill,:City of its obligations hv7el:nde-r or under any such other agreement or:nstruntcnt 0: a LL SECTION 1 ?. RffhR ESf:-.�1sl LR—RANRUN.Lit 1 : :ot .Nly {he � Codnl,rcpva n,$and wurran's wat 0 c 0 !A) IS.xisten•_e. The C,.-unty is a pe8tical ,ulr[hvi+inn of the 5[ate i,f Califlrmia vali;ls — U dxsGng under the i'opititurion asd laws of the State. Q d (I;1 LAle A':thonzaion. 'rite County hal,duly authnrixed the excernion and detiven Agreemrnr and this A;,trerment has b=n duly executed and delivered by the C'l:un,,. 0 0 a i/_:)NtJ-C,- ,in}"i-;. `{either the execulion nor:he defivenar tlm flounY,,.,CrJ;is Auc++nq,t 'o n,)r the p er:crinance by the C'ntmtl of its nlrligatien,herconder nor d?e eommoularion by the County'dthe t:11M.L ions It'McmpLoed hereby i 1)c.rl,rlict;with, vialarts or results in a brnacli ofany Arplidabie Ill,, o nr(21 cm:flic[s:,-ita.violates re results in a hrcach of any term or ccodliiuni of a:ty cantracr,ag:toolco;, b ftR,'IC.t145e�j:Xiaingll,nsfrntn{nl.A dcCrcc to'lllch the to?L at'ii a part} or by which the County or am of n ih Properties or as;dt&are bound,or corslitutes a default glider any such c0niru:l, franchise,jud¢mer:[, 0 dci=c.a reelnc PI or ins!runtzra. D V7 (U)*L, ttiratinn. (here ism action,suit ur ether pracueding.at raw or equity,More or c by any wart or Guvem¢tcntal holy pending or,to tlrr Carnty'a best knowledge,ihttatcned against the N County in which an unfavorable decision,ruling or finding which would materially and adversely affect the Q validit) of or enforecubi!ity of this Agreement or any other agreement nr instrument lobe entered into by the County in connection with the transactions contemplated hereby. or which would materially and L d E } U U © i Q Pat et Pg. 162 U J ddserseip affect the perlbrmance by the County of its obligations hereunder or under any such Other J ag:conwnt ur instnnnent. rP u C Cr N A C <0 O N O C O O \ y a c 0 N U y N U N A a O N O K a LL C O C O U Q d a N O a a c m 0 N UI U _N O M O N_ Q ❑ C U U U N Q Packet Pg. 163 i 517-771 ® U ARTICLE M J J DELIVERY AND ACCEPTANCE OF WASTE ry AND PROVISION OF DISPOSAL_SERVICE N N SEC'rR)N J.I. I,jj'l1VtiRY OF.y1'i�;�[F". IA)W;aste bi;sxrsl l'oygnpp; Subject tc the ocetlnance j Oi'the E:Ommeocemenr Data ouch thruuehcut t.'tc'Ierm of HSS Agrecnsemt,the City ehaU exorcism nli legal and e commotual pmscr aid authority which it may possess£tech time to time re delirer.:r eauaa the delivery of o all Contmfiablc Waste to the Oisposal S;stem in accordan" herewith beginning on January I, MR. Fn 0 I tjiv 1 n .AC rtghii W,asgi, The parti�i heretoacknowledge the responsibility o of the Cin to Mee: the recycling and tandtit) dit,er;irm gauss conlainccl in the Act- Norfthn, in this '0 Agreement is intended or shall he inWpoetcd h>prohibit or impair the ability or the Oily to meet or exceed m aurh cesponaihihtiei, or to restrict the right Of the residCalb, businesses or orgonizations ii the City :v practice%mru separation,source rctluction,recycling,compnsung or other materials recovery activities, -o or to restrict the right ilf d;e Ciry to conduct.sponsor,encourage or require Such activities in any r)rn, NO m reduction in the amottnt of C'onm+itabia Waste venerated in the City and delivered to the Disposal Systcm by or oil hehall'of the CinW hiJi nap result 4mn ary weh stvarce separalion or nxyclinc prugram?Whethar o of not Suds program meets or exceeds d+c diversion requnemcnti of the Ace)shall eaus-eihe C'itc anv IiahiGn Z hac;:rder and s'aall not�3nstituiv a breach of this:Lgreement. to d jSECTMN TO BF USED IF ALL W-ASTF.CCRRFNTf.1'STAYS WITHIN COU.N'rYj m AA Iii Q4xcry,'Ii,(* 11 fer Station or Processing Fauihtiex. Subject to the proviiiors of this Section,all Rcsid:u:from any processing of Cowredlahle W"asle by materials recnvory, enrnpOSting, recye!ime at other means. perfumed at In-t1ounty Prcn.eising Paciliti,s or Our-of-County Pra:essms! to f auillries shall constitute C'Ontroliahla Waste and be subject to tire Wastc Di,pns,xl Covenant. The County ® specifically acknok ledges that the City J;all haw the right to deliver or cause the delivery of City K Acceaable Waste no Out-of-COun' Ptoeessing,Facilities,and d:m fhe City is not obligated ro require that a Residue from such Ont•of-Cnunr; Frrwu,mn; Facilities be delivered to Ine Olspowl S,vstem, after foal w prnesann fsr re lt.moes;ing of such l id!m as !:mg is such Rn;Lc £ruin Out-uf,Co my Processing C 1'xciiitkx doe$inn exccud. in an.Contract Ycar,tfm iescet of ti).1U".or tIi,&-o mq of City Aaeptahle e Waste defivered to ±,tell Out of•Courty Processing raifity in ssch Comnacl Year or(d j 2°->cf the imai o anotall of Ccrtmllablc W'dat^geaemttt,in the t_lir dune¢suc':C ntnct Year To the extent that Rc.gaf uu Q Item .h,prxc.yktg of Cnnmcllabie W asrc exceeds the amount s1w.ifud in rile prcccdiitg seutenee,Or Ci:v y :hail eaeraise all Icgal nnd.nnescluei anihurity which a rnay jg,,Fsli;Ron:time k+time to require that sllch ;Q :.sews Resid!ic be delivered!o fhe UisNsal System, a::d sha!1 include a rw1wrernent In that effect in any m coniracl3.ngrtemen$Or Vt(xY aTi"afigemCnl4 for pMCciNiog:U 6ul-nF•t.:ullrily Pri,:wsuin,g Facilities whiJ O a it carte;.itao ur amands aticrt!;e(sntmcr L`atc.W'hcrc Cip: acccJtnble Waste is{recessed at in In-i'.nunty Itt :?r 0,1; (114 F'ru c!-sing I xihn +•hkb concurs^ly,m±c"Sex other Acccplabtc Waata in a malwtr wh!d<produn�s::nmmiugicd residue W nidi cannot he U:accd fo a ;xe,^npbic flflirce.generic resWues from e 0 ;uch Processing Fa<i)irp in 'an,m .vita! to the re4idnrg tha! weatsl have !xen pricluted heath City .N \eceptable W'ate onh been processed a:the fa:ilit} shalt<Onstir,uc Cnntrtrtia)%Ic W'asse and tv suiricci to fix.Waste DNI,"l Coverramt,i llject m;hc rkclosion from C onrroliable W'nste of the amounts of Residue w forts(IIlt-iff-leitute Pr'wesa:ne raolitivs ipct'.ilred In!hs Section ;.:VC).)SUCK generic rCdd"e shall be 'T ttlikcred to the Disposal Systcm rngmtar%y. m approximately the sanit frequency as deliveries of City ;4<epiabte Wlinte to thu Processing Facility.(In making auy dclerminadon of Residue attributable to the to Civv. the Cit) may rely clothe reports or cenif!ca6l)m of the owner Or operaror of the Transfer Statical or N Processing Facdlty.) Q jFOLLOWING ,SFCTION TO BF. USED IF WASTE CURRENTLY PROMSSED OUT-OF'- z+ COUNTY] c E E u a Packet.Pg. 164 :.)7-37t © U 4 C )a:9a f jsj;y,(g�yy]7g(!�fjg Station nr PrnGydyin¢Facilities. $ubjec;t•the provisions of this S:cliort.all Residue from ally pnxeWng of Controllable Waste by materials me vely,comnrstlug. tc,tcling or other n]enns, pcifortrcd at In-Count) llmcessine Facihfies or Out-ofdbuaty Processing o Fo:ilitieS Shall conidwm Controllable Waste and Inc subject to the Waste Disposal Cuvrmit. 'rhe Crwnty N acknnwirdges that a la:rian of C'ontrollahfi 1Fastt,tit the snhrrct ofa frerhisi.enn:ract or rkja±r ngrrement j which provides lie the wacesaing of such portion of Control table Waste at an Out-of•Couch Processing Pact:ih'root(iE)was,ao o17uly 1. 1 W)?,and is:n;nC the Contract Dam tieing aeviatly delivered in an Out-of o County Pirx:assing Pacifity pursuaot to such freuchiti, contract or other agreement. With respect to the w potion of Cfat rvllablc Waste which is subject to the franchise contract mother agreementdescrihe l In this o Section the City is not obligatcd w require that Residue from such Out-or-County Processing Facilities be p delivered to the Disprsat System,offer ffuat pn ce-sivg or re-processing of such Residue as long as such Reeidne frrm Chu-oC-Counry Processing Facilities dres not exceed.in any Coal mv l:Year,file Icstier uf(i) w 3t1'i o'the mnuuni of C:it) Acceptable Wa,:e delivered hn such but-of-County Processing Facility in such Contract 1'car or (ill 7%or cite total anrxmt of Contro!tabk Waaie generated in the City during such a Contract Year. However. the City agaves that ulion the expiration dare of such Franehi%e, contract or m agreement Cus such expiration date exists a, of the Contract Date, without any renewal, amendment or modification 1110recF1 the Ch will not be obligated to requiro that Residue from such Oaf-uf-County U llf xes,ing Facilities be delivered to tile Pisi,rtsal Svsligt.aher rtnnl processing or re-processing of such Z Ittciduc as king as such Residue from Out-rf-Crtmty Prvccu sing Facilites does net escred,in any Contract m Your. the terser or;iI 406�, of the drpuunt of Cin, Acceptable Waste delivered to u(ch ()ut-of-Co+mn Processing Facility in such Contract Year or(ii)'".;Oldie u,rel amount of(untrullable Wail-generated to m the City durh]g such Contract Year To the extent that Residue fium cite processing of t:orerolhtbte Waste 3 4Vnecifi the am,mw;I=ified in llik Sectio;4 the City shalt exerci.se aft kilai aid conrrae(ual nutitnrty which �O- O ;f prat[+OStC1Y fC'm❑)flora ri:hmf It`[C(It11re that.4lttih C1s:B55 R4`gdUe he l:eliLen:d(O iI]L Disltesa!Sy,tit^. N © sit shall include it requirement to [hint effect in any co lrwls, agmemer(s or other arrangements for m processing at Our-o1'-Count?: Processing Facilities which it enters into or amends after rile Cortrnct Dale. Where City Acceptahle W'asre is Inccovsed ;u.an In-Ccurry or but-of'C mnty Pmcoming Facility :vi ich LL corcuireutiy prncesacs other Acceptable Waste in a m.ann.r which Irrrduces comminalwl residuu :vhioh cacmot ba traced f:,a act e..raphic sr•uax.e,raeric residues i2oat such Procc. ;ing Facitih in Tonnage equ;il o :o tiro msichre,thansru!(I half Fro,pradrant had City Acceptahle W.,,m only been prxasud at tlw frcilit+• e shelf ccastimte C:ntrollab!e Waste an.i he v]hjecl to file Waste Diwpnal Covenant i subject to rhe ascluse,n O- ti;"m Clmtrniiable Waste M th.e ar -luiN,4 Residue item Out ot=Coi:lay Processing Fay=plies epe.:irmd this Q Section -,A;C).)Such gnteric residuei shall be delvered[o the Disil,)4 System rcn;uj;wb,. ht apprnritn:4ely d the same tie.qucncv as deli:cric4 of City A"rp[ahle Willie W the Pn,uissi 1'1 Fa¢ililo• ibi tmking any a delet"I manuil of Residue attributable to the City.the City may fely on the reporti or eediiicationc of the y owner or nperaun of the trinaf:r Station or Processing Facility.) O a a am[)i}p�l en)1 C�_y+,uiv(ejlJLluiti ..r�yCbg;l£q(.Or.rr before A jaguar.. !. 197g.iil an) City ranuase,coru sct.lease..x ofharalpormutt which is laWfullyin effect retelling e 0 ..,� ••r arfxtmg(:;;ntmllable W'a;fe hall pro.idc.or+hall have b„n atnen&fl to provide,tha:the City shall .W face the right Y-Aboul material rstriadon on and after file Ianuar. 1, 1999 to direct the deliver) at alt Controllable Waste to a dispose, location selected by !;re t:Ifs•(..trelher or not ivch Connollabla tYaste is o .leLvrrrd to a[rooster start„n a an intrnnediate step prior to(audtill dufwtal;and ntterwiee tie wntpty will] p Its obligations under this Agrccutent wif:i mstmct to Controllable Waste and Franchise Haulers.(if)the City shall do,ign.:te'he Dc>i_neted Disprzzal Site as the disposal irn:m:oa pursuant to such frarchic,coutraef. rt 0 ice,.. or:+liver aerecnvenf and(Iii) rho City's Frsnchisi Hauler shall execute she Hauler:Acklwv.icdgmcnt ro .r^uhcd harem as Apperl 3.port cant to which the Franchise Hauler acknewfedgrs the C ji.x eaccutian Q of this Agreement.and agrees to comply wirh the Waste Disposal Covenant. "Ihrouglutur the Perm of this Agreement the Cig•(a)shall nor crrer into any franchise,contract,(rase,agreement orobligalion,issue any prnnih license or approval,or a(ttrpt any ordinance,rue:,+tutin»nr taw which is ntaterialiti lwnnsistent with c v E 1� v © a Packet Pg. 165 U tic rcGwrentenl5 of the 'A we Disposal Covenant, And its shall maintain non-exclusive or exclusive J J franchises or atner cnmraawi nn:areenacnis hr cu!!ectiau ticouJs Cin nn:md riot cparneA a(1tlecti.',n ri sconce.,)aver nny City Aaeptabl< Wmtc which, as of the Courntct Dow. is subject to non-reclusive or j cxcbsire franch'se ur tiler aninwitil arracgvnncr•!s.'lhn Cit) aunts that the County shall be a third ii H br:neliemry of the obligation of Frarchi.a:Hau!ers to deliver Cardrn)lahle Waste to the Disposal System,and j run} directly enforce such ob!ig.uidn thruugi;am I<gal or means availahlc;provided,however.that suet. e dcsgnadon of the County ai a third party beneficiary does not relieve the City of its obligations hereunder o to erici the vvnste delivery obligation of the Franchise Ita'tders. The City shall notify In wrtung each W Fmschise t!auler of the Ceunty'.4 third party beneticiary rights. c C Waste Flom Enfo r. 2 (E) tutnten. Tlm Cit,.;is ax:peratiomvith the C'anmy.shalt cstahli+!., '� inip?ement. carry cut and enforce a +caste flow cn!itrcement program which is sufficient to assure the v delivery of'all Contmilab!c Waste to the Disposal Sy'srerr.pursuant to anti in accordance with the Wavtc tY Dis{xnal C over ant ror digx+ al at the times and in the manner pr.v ided herein. The waste flow¢nforcunent •o program.411311+xamia of amending City frtoclli wi'h all Franchise Haulers.to the extent roquitul try this m Sectir,n.Arid shall include e aadc G,aa.to the extent necessary and appropriate in the ciremns!ar.ecx to assure +n compliance with the. Waite U{spotai t-ovwuant but shall not bi limited to: t?) licensing or permitling u Franchise Haulers,upon the conditiert ol'comp?lance whit the Waive Disposal Covenant,(2)providing for Z and taring appropriate enforcement action under only sueh franchise, license. or permit,such as but not rn limited to the xtupcusion,revocation and tcnninnlioa of.oilee[iwt rights and prcileges,the Unposttion of ?; finer erat!tectb;n ref.iarn+gcs,and!he l•CGretu f+f iF.)nP.CtlxC n:!ief dg.tl+Li lG:rt-t•.Rtrp!y'Irig f:rdjnehix l?aaigr tad (3)causing nny transfer Station to +,lush Cuntrol!ahlu Waite k delivered Fw rnxsis ing to deliver ucrt!!icatiom tinder the penalty of perjury, of the Amounts of C'MArullah'e Waste received and Rcsiduc o :emaininu tiom paxeseing at such Ttancfer 5tatiou. 'the City acknowtedges and agrees that;it the event of in © a hteach of the'AVasw Disposal f wcnant by the City,the City shall pay the Granty an mrouat equal to It.'D?6 .. multiplied by ohs;Contract Rate in vffi:ct at tine tine or such breach intiWilliv-i1 by the number of moos of � Ctmiroll,dle Waste which wele not delivered to die M",pe sal 5ysicm as a matt o+f thv failure of the Gr;to a LL demplynitit tt:e Waste Dis(x?ia!C,n enmtt. lbc iartics rcco_;nWhAt:rthe City fails to meet itsahfigations K hereunder. the County will setter danugei:ltd tliai it is and wit!he imprautiu!ble and extromaty dal-KWt o to ascertaiet and determine doe exact mrooum of steb datimats. ?7tarch•re,the liamics aeree ftus!the dac;ages C specified Above represent a reasonahlc c,tirnate of the amount cf site), damapcs, cttn<idcrng all of it:e 4 oirta nionecn existing,_,ti he date hereto,inehuditg the relxtionsltip oft l:-souls t,file rim:.e of harm's du Q County that rvatooaht) could in an!ieipatad:slid amicipatiun that proof of 4efual dam+igcc could be costly m nt in.;mvcnient.in signing lb;ia irument;aoch pan;specifically confimty ilw acenracy of the st3cements a made abovr.and due tax thxt each pony had ample opportunity to eon.auh with le)od cpunscl and obtain an a explanation of thk liquida'rd damugc proverior,at 9 it.line that this agreement was made. ti v (1"i I,!'ai2i.1 lrtlty+)7 qc!; to.-t.riltii liaS31,+1>:l!- TMc City vhAll use its best effort: to R pretcne,pr.A.0 And defcnG(113'ail(,a(!Rt pUfanll Jf t'lalnt5 tb,oug!t doe trial court leveil it.right to exercise end comp[} with the kg3;or w.IwT;sr(!nclndnu m soy lauuits against the it 8;•u:fine Counq,whether as p:aimiT cr dcfc:clan[),1,.a F>anc:tile Haurcr ar any '^ other pc,on,beset upon brcnch of crntnct.vio;atime ref la+r nr any c[her k.,ai theory. The Ciry shall bear m the cost and expense of any such Legal preceedinu or other chal;rnve. to tilt event any such 1xgal 'p prccecding refining W the Waste Dispc:a! Cavenutl nr the City's excrcisc thereof esnabfisbcs in A renal letem+inition that such covenant or exercirt thereof is ,out unlawful or unenfoeelliie,or if arty Franchise +tOn I fattier:ails to demo.:Convol5ahle Waste to the Disposal Systeu in breach of its franchise with the City on Tile grounds that a judicial dR tviination madc by any coort or other Applicable 1.a+v tins rendered its Q obligation to deliver Controllable Wasic to the Disfosal System void,unlnvful or uuctifurecable on any legal o grounds,with Zile result that actual rvashi deli•sAw ofthe City's Ccrnruliable Waste to the Di lwrsal Systcm in tray Contract Year fall bclo•w 73% o''the amorrm of the C"ty'a Controllable Waste delivered to the m E 14 u Q Q PacketPgi--166 '$A.f `7_371 (j Dtipcaal System during the preceding Conrract Year, the County shall he entitled to terminate this J J \)'rFCm Gn( npUfl On ,t3yY prior KrnlGn nn(ICe to the(rI§ .rlUeh IIF�i[t,l �{1C C1!itt4iV'tJ ierminate ntLLSt tN' pj rxer:iscd w i:hir,one yFar of the nui of the Cnnvact Year during which the delivery'shortfalls described in this Section giving rise to the right hi lemur ate xcurrd. Opon any tenninaliion try the County pursumu to Cr the provivons ofthii Section,the obligations ofthe C:eunp punuant to Section 7.3 hereof shall not apply > to any lots-xnd.Lxpensc of the(:ity which ma-arise from deliycnes of waste to the Uisposai System aRcr e such date of termination. m 0 rn ((i) .ait=w e f:�ityl_;,zs. lbe city shall compile and provide the County with the o tnilowing inlemtation:enecrttinz all Franchise fiauden:name,addans and Mme number;identification o pumbrr,srea orcoldectien and transportation:and .franchise and permit terms — m (}{) YV•it,,yds lfif42'tiAiYG Y2 r :. Thu City shall auererate with the County in collecting infortnatior and othcn�Nc moniwrir,g Frattehisc Haulm in order to assure compliance with dais Agreemcm. y Sceh information may irchrde,to the extent practicable,data pertaining w Controllable Waste collected, M transmorted, shred, pnlcrsscd and disposed of, Diverted City Acceptable Waste collected, transported, N stored, processed and marketed or disposed of: Franchise Hauler.,' fnochiso. peanut or license; trans. 0 collectinr areas,trz mportutica routes and compliance with Applicable Caw;raid all other infi;mratit,which Z may rea.r,ahiy be reyalred by the Counts in connecthm with this Agreement. 0 v (!1 fit.damns(�bctina Counts. flee City agrees net to conduct aayditr:a>at,civia= � ;nr Convoilable Wasre to he provided in cantpetftinn with She Cliapwai Sen ims pmvidal by the County hereunder,and not to take or omit to take any action with respvct to Controllable Waste or its collection, :2 transporiatiwt,transior,,torler.;rcatment ordisposal that may materially and adversely affect the Clutrivy's t0 ® .nbiliq to aubwve such timed) :ompfiarce ('lie County acknonieogcs that development by the City fur tooperation by late City in conreetion with the prive[e deariopatenl nr?any m;dcrials rrrovvty facility or fY transfer station doeated within sr without the City:1131)not vic!al a Ow provisions of this section as long as LL the uftitnare dieposai site for any Controllable Waste(or Residue therdfrorn)which is delivered in saeh tr materials recovery taJ:ry or arrester stati,xt is the Dispi+sal S sI?nl.Nawcit:2.tanding the ibregoing,the City o shai not he required to(i!appnn r x duty any petm a or licence or grant ar refuse to grant any npproval e while exe!cisiag;M ptl:ee p'Me:.i Ur(:O1 wAis L,nindifv t r cwnc trlie limit in and manner Ito City's land use 2 a UtL-i�-ICy. U Q N (1) Vojtiyha,.f Waste Substitution. Notitiufir:@tis�en:cmrm afutlf authorize or rntit;r a The C ity to dclr•'cr or eao,c Ihv rk..hver to the Dlnpatiai Syi eni If Amcfnal'ile Waste originatiol;from of N venerated outside me iuriidtctinn of the City.ty. nor obligme the County io receive or dispose of any such a0 A,ceptabic Waste. the(:;;y shall rot assign in whole or in pro:it,right to deliver or canSL 1,,be delivered p Crtnvotkrhlc Waste to the County hcrntndet.and shall not permit a;y Accc{nable Waste originating from @ ar gene^steel IM!t lr Hie uri,did ion of the C'in.to bo subsOincd t?w Coro, W-rate for any purpose e hercunder. o .N N (F) n n t'��m<srtd Rti:•;tcaorjd{g. it is the invention cf afro{>art'ses tht;tl,i,Agrrumcnt N and the And rights Vine City Itcro+mder,ircltuiing parli;Uiar!y ear Waint Di�aft 9a!Covenant and 'p tiro Contraui Rate, shall, b>the extent permitted by Applicable Law land subject tv any rights or waste haulers operating in such areas prior to such annexatior)."writ to any terri[ot)'annexcd by the City-(or any territory with resput to w-hiuh th,:City aswmcs solid wastr managernom responsibility fnarn a"Uri v. r°�t district or orher puhlic entity)and shall bind any successor or restructured Gnernntemal Both which shall Q assumo or succeed to the rights of the City under Applicable(saw, CI 3 c w E I? t U ® I Q Packet Pg. 167 g;-377 U SECTION 32. pgQYISIOY OF DISQASAL SERIQCF'S BY THE C'AIJKDY,(A)Sen•ice, J SSa.Vn12 Commencing January L 1998,the County shut]provide or cause the provision of the service of N (1)r"civiag and disp.isiny of n'I Controilahle%taste at the Designated Milloint Facility,(?)disposing in accordance with subiection 3.2IC1 hereof of Controllable W'asot which,g ally time and for any reason, is Cr in excess,of ihedispocal capacity of the Dt si(taurted Disposal Facility and(3)in accordance with Ynbsection j 3.3(C')hereof.di'lpeliilM of Unacceptable Waste it a lvertentiv aceeptOd at the Designated Disposal Facility. e Tire Cenrnp shall do and perform all not and filings which may be necessary tv desirable in conneotitm with o its covcnnnts in this subsection. bicludi.1g,.ithout limitation all planning. devctOpment,administration, m imphancaltaticm.ctatruetion,operator.,maintenance. management, financing and contract wink related o rhen:m or undertaken in cormcction therewith. The Craulty shall exercise all re+uonable cf!br"in minimize 0 din custx ircurmf ir,c,m;plying w ith the Saville Covenam tonsisrent with its responsibilities hereunder and '� under this .4.areemnnt,Applicable Law and prudent solid waste tnanagemem practice and Onvironmental a, ccr;ideraUUns,so as;,unable the County to prm ido the stiMcei hereunder r the Cardract Rate. °m tY v t-R.�.-�1a.di �tiSS..4F 11Yilyll3!5::1�154'i:�. � t j �xm nn•v Um a) I,)."-,,. 1 ?c(I;to- frovieion gfT'rv.:,� � t..'racir" The County shall imnmedia(ely adaisc the City and Franchise f Tattier by telephone and fu:simiic m of any situation,evert or Gircumstanx which«suhs in tine pArtisl or CnmplOto inability of the County ro v ttceive Controllable Waste aa'thu Designated Dispmbal Facilim�.its effect on the Critinty's ability to perform its nblipations 4ereiaaler,and Iffa Cconvi s best estimoate of fire probable duration. Time County shall coufirx to such advice in writinu within 24 hour:ofthe uccurcnae of any such inability. Tfo Cnunty,shall lase its beat ;! et rots to res'me normal operation of the Designated Disposal racility as soon as possible in ar.:ntdaaee m w ith nahaeelion l.'_(C)hcnoC In the event that.any time daring the!err hereof,the Counts is unable to steep[C1{Y Acee4 Tattle WaSiC for disposal a±any particular Desgnated Disposal Facility for a period "i v excess of 14 consueutive days,it shatl uonethelcst provido sufficient transfer capacity at such Desilr/mated O U) ® Disposal t-auithy, and shall accept ti,r transfer and diiposul City Acceptable Waste'at such [Wjfoahxf Drspnsat Facility Sir the Contra:Rs:c.in the e,rut that the("au-ay cnnnut pros idc,.toil transfer capauity, tY it;hail be ninliga4vl to accept such Cat,Acceptable Waste aumothcr facility within the Disposal S,-stern and n. LL to reimbo»c the C'ity'forany'iaercased transportation cosr(including without limitarion,equipment rental M :its.},Otrrtirno aed increased lael costs iaeull ng nom the irnatallability ofthe Fmetnlnated Dtsilwal F3Crlity) ° O ireurred by ,,}se(imy era lilt Franchise iaauterc in mranspwtirg City Acceptable W'nste ran anther disposal e fwiiig within the Disposal Svocan. In zhe event:hat the County eannoz provide:Iisposal capacity at anotla r r facility s,imlBu Tile Disposal Sisie:a. it .hall be obligated to reimburse the City For (i) any inereased Q tra;,sl,C:ttion Gov,(im ludifle.without lintititlon.equipincitt re..t Al^.cots.tj%unUne and in,!ca wl fuel costs y re+uhing from the urivailahilhy of the Designated Disposal Fnciiity)intokolu l by the Cie'or the Franchise a Haulers in transporting City Acxptacle Was%to ary other disposal facility used by the Citv or Franchise w Hazier and(ii)the anrnunr.if any.by which the tipping fee at the allermnm=n laaBity utilised by the City or O a franchise Hauler(bxeasc of tf:e urunailnbility of lhcilit, ui!hin the JisptsoF$rater)exa2ds the tinun v e:urem Contract Rats IlfO invoice shal.i me3sdc rewonshtc suh4!antiatior.of the amount in;oiccd m c iCj.icrmitutinn by(`ctuTTk,(ry.C:o.Ctpan Cmreumseancy.. In the event that the Desi¢natnl Disposal a F•mility becomes unavailable pursuant to Scat ion.?.'(li)tnrapc-rpdexcecding !4 d.mys,the Counryshali x have Ole neht to terminate This lu:eemmt pursumtt to;his Secaicn. The County may exercise such right by w peso id'u,g 10 days prior written)notice thereof a,the City. In the event that the County exercises such right, 'p the s;ramty that[he nbfigafert to pay the City an amount cgtnd to li)any aggro @ate increa ed transportation cast(including wilhnut limitation,equipment rental u,sts,overtime and increased fuel costs rculli ng from M OW amtavaiinbility efthe Designated Disposal Facility)reasonably expected N be incurred by the City or the n Franchise Haulers is?ranspartiflg{•-sty Acceptable Waste to any other disposal faeiiity used by tiro is sly rsr F'ranchrita hauler t'ora paio,l,?Ct•uc year fulfouing Use date of rcrtnination and(ii)the eggrc�afc amount, if any,bg which the tipping fell at the alterative facility utilised by the C.ity or Franchise Hauler tbecause 3 of the un:n'aibthility of any facility within the DIV0541 System)is reasonably expected to exceed the then d E ,6 s U © Q PacketPg. 168 ® 17—�7.1 U current ✓"un[ra1 !Lire for a period of one 4'CP.r [cd inWlnQ the date of ICrmin01i0i1. $Intl amppttts shall be J payabie by the Cc tally within 60 day i of the date nrternimation. N d J (D) 'a'ilih by Mutual Consent- The [hsignated N DiVoial Facility has been initially designated in Aprendix t hereto. Ire Designated Dispersal Facility may m be changed, and other Designated Diw.lai Fatililies added, at any time. Willi thu manual consent orthe e parties. '0 0 rn (Li ylly5hejp,_jjgyi4nxted Disposal raclity at City Reuuest. to the event the City o wishes to ahatige the Designated Diipowt Facifity to another Disposal Symen;Component,the City shal e O pmvidp:vrittan notice and the rcaiJns therefor to the County, geed shall indicate whether the requos[ed change is pe manont or temporary. I hr County shall consider any such rcyacKt in gucd faith and provide 0 A response to the City within 14 days, taking into xsouni the reasons fur the request, the Courtly's d obligation.ti other cities Which have executed Disposal Agreantents,therequirements of Applicable Fzw, v and the implications ofany such change for the Disposal System as a whole. The County shall honor any such requcA to the extent commercially prrsticahle based or.such considerarions a:nl the overall interests N o:the Disposal Spston. 0 .� (i') C�iif Y211�1s;3 I n 1tf,$tii:Gli i Disposat Capacity. At the and or each Contract rn Sear, the City shall advise the County in writing as to the expccied delivery levels oCCnnt.•oilabic Waste 0 Jurir:g[hc nest Cn;nni i Year,and the('cnmty shall submit to the(:il}a statement,s{u;ciiy iny,(!)the amount ofd`:pout canaciTy or the Ues;rined Disposal Faclliry espeetcd to is available f,:r use by the City during � the nest Contract Year;(S)the Disposat S`stenl Capacity expected to be av'aiiablc for :2 use by the cities which nave executed Dispoial Agrtxmcn[a Jurnie the remaining Tc{n[of thii Agruena t; to ® and (1) any plans the Catnty may have ,rich respect to redestgnating the Designated Dispas l Facility'. .. tnereasing or decreasify the allinher ur cities using the Designated Disposat Facility, or curtailing or expanding the use ofihc Designated UlWo oli Fuifity.the annu:J wmi:lut;on loN.provided by the Ounry• m pursuant to rl,6 sectlon shill a;;•t.ksuribc the itatu.or ny purion5 raquinM with respect to the Dusigntucrl Du!x�ial rncitily,inalu im o desedptinn oral;env perunt rcvuines cypceted m he proposed by the C .111, c and (ii)any ahNCmeml orders or other pCrn ;t a-:nplitracr,u en.r:''rcentant nctioos taken or proposed by e CQvCCnnLL':oal Hndies o U COUNly 2tc'dgp,_,Sr_ xrhl wn'T '. {Ai 5sht. r?e v ?tuns itlsrmdin g any olhor prcvi Mon hereof,the Calory near refuse delivers-oi. a 01 r;) Unaccrptabic Waite:amt o a (=1 Controllable W'eatc delicared at hours ether than crave proeidetl in [he faailiry a upom;olg permit. e n c (FS)Fdr xificrinn orl lha:pyy'.,ta<�Ig Wags 'lltz Cw,nry shalt have[he:ight(knit cox tkc can- y or the oblitlxtz-all to insivo rfrv_.chides of all emnuhnw 1 touters dclivicring material to Ilse Disposal System., N And may require that the Franchise tfanlar remove any Unaeceptable Waste frisu such vehicle before it ii u unloaJeJ N [r lhr.Cs)!ntry dre_rntinc^s thn!it is impractical to.zpante Controllable Wes[c from Vracttptabte 'p Waite in any sehizhr.nr tribe Fnnchise Hauler delivering:uch waslc is anailling la make such separation. or itany vehicle is carrying•waste which may.pill or leak,then the Courts-may reject the entire vwick,and o°'n the C oonty shalt require that the Franchise Hauler shall tbahwhh remove or cane the removal or the entire r°a delivery from the Disposal System. Q (L) Fla urJ sit s Wage and F"rdn s Substances. I1e parties aakuoWleJge that the Disposal System bas not been designed it permitted,and is nut intrnded to be used in any manner or to any v E al al i Pack.€Pg. 169 ® 77-iii U cslcnu.For the handling. Ganspnrtation.slrsage or disposal of hazardous 14 atie nr Hazardous Substances. J Nei6or the County now die Ciro;hall eotunenanee or kroi ingly peril it the delivery of Hazardous Waste m N Ha>nrdous Substances to the Disposal Si step:. W C N N (D) and Hazardous Waste if t!naccrptAb;< Waste or f6 lhlrardnux Waste is discpverad in a vrhict4 a!any lurdfili within Me Disposal System. the driver of the e vthicta w!11 not Ne pemiiited h+distbar gr dlr load if n t chick is observed unloading Linacceptable 4Vasto o or Kmardous Waste in the lipping area of a landfill within the Disposal Spstau County personnel will use fN masonabt effects to assure drat ssx:h material has been characterized,properly srcorod arttt its disposition o resaivi d. 'Ihe return or reloading on to the delivery vehicle of any Hazardous waste, Prohibited Medical C Waste tic other waste requiring banditry:or erauxPtniution shill he conducted in accordance with Applicable '0� Ui,. Whenever flazanlrsus Waste is detected al any hmdf it within the Disposal$y slum,the County shall u take ini nvoliore Action in accordance with Applicable Law,hi addition,if the County iradtcriently accepts ai fY ilntrceepiaMe Waste, it shall have the right to pursue any rcuudics which it may against ale person -o delivering such Unacceptable N'aste to rexup t!le cost of handling and properiv disposing of such Unacceptable Waste. m v U_ 1E) ftvir[�nm ntal ir$n5{. Prior to tile Contract faatc, the coumy will obtain Z insuranco fM pcxer uialIC ERCIA or other liablliry of the Dispoyil System,in ar.amount c(pril in so Slt>,(100.000 with dedmli!,N &(0 S 1,000,000 ['or events giving rise to coverage which events occurred prior to Ocrc-her i. !?95 and iii)$_1i0,000 for events giving rise to aw'rrsce which evcnta occurred actor Aticr tkn!hrr 99i. fhc Count,::hail maintain cou:parablu insurance tbroughuur tr a term hereof so tong ?i as Cinnnnimially available on aranambic tams,asdc:ermine1 in rite reasonable di+creWn orthe Cmmty risk 9 manager. 'fhc Co tmly shall rotih'thr City in the et rnt that the County does not maintain doe insurance t° o descrbeal to:Nis Section. ui S:iCTIOS±.3, tills! L(I:A\SOUS OPFR 4TI(1N.�j Sjr�T..[.E. Z.(Al Permit Ra,,-L gd a nr Vtinutu{y; i?Milo. the C'oua!t5•oche!!provide the t'iry with ary appl,eation a^the C.:ounty to revix the Ir i.eeaf ir,!tslmnen!s for the De:iiLnialad D sposal Facility(nr apt. shaft or!lilt alipulated notice and order o relAtini to the licteg axed Dtspnsal Feci!ilp which inry ill. under cansWerarinr, by the trial eurarcement e a{ency with jut the Ot sipated Disposal fag l!Ily j. Stich flppll.;atleRS shall be P4H kled to the °- C`tc C+ancua enih \kith its iehlnlital to the appropriate,M31LLLd'q:} Agcncv U Q U fIli Syryjsvi;tui(,l}yiy_itng, ;'he Cs:unn.shotl rperxte anal muir{ain permane:d sales at Disnolal System in cnrnplianci, with Applicable Law. The Cutirtty akdl weigh a1[ vehicles dr(iverin¢ " w C'ortral'able waste by or un behalf of die Chy fwholicr or act the County accepts such wastef mid prepare a° a daily%cil ht record with regard to such delivery.(In the oven that scales are tcoporaMy rnnv ai!abie,Lie v Count,abali M.awmiA.iiy estimate the weight of Controllable Waite delivered by volunm.i c 5i:'['TIr.)R 35. ti??-L'GR._td5, R5 OF ME DISMISAL SYS LUM. (A) f,'e.{yerall4,. The H Cohn[)shall ha>c the right to<ntcr into:+vastc disprsul ago•^meets with nshcr:tile;in tF.e Cuunry,Sanitary rn Di-mcm TrAT,,'er Stations pr imkpcndcnt ilnulers; provided. however, that hs un event snail such u N agreements here rcrtna and pro,i:inns more favrxahle than die term: and Pto.ision5 of this Agreement p rinelta!ing but not limits;To the Contract Rate and nvailahility of also+set capacity)unless doe Courtly has :irst v.Fercd the C%ly such more favoniblm contract(er antgndmunta u�this AgreemenCl. elect 0 N (f3) Receipt of Imported 1cceoldh]iq%'&lr_Ma C'onunct Itasis,The Cnurq•shat(have the righito emer into a Contact or ocher agreement with any municipal or prcate non•Cointy entity for the o dalivery of Irripoacd Aeceplabk N'asre tin terms and conditions mat the Counny determines to be necessary to enscre.and enhance the viability of the Dispose!System fur the bormfin of the County and die elites wMeit u E Ig r u © a Packet Pg'170 97-17L U have executed Disposal Agreements. The Coutny shall not enter inn, any such arrangements if such J Arrangements would materially and adveticiv arTeel the ability of the Counts to receive and dispose of ry Acceptabtc Waste Irsm the citiesvvhich have estcuted Disposal A�ra-mcnts in accordance with the Disposal Agreement,:hrougiscut this 'Perm thereof. Any such agmemcnts shall provide that, in the evorn there is N in:cDicient capacity at du Dausunted Diupa;al Facility for both Controllable Waste and Imported 0 .Acceptable Waste,Conlroilanle Waste;hall have priority with respect hr existing ,pIch) C Al 0 SECTION 3-6, [QU!•1"Y PROVISION OP _NASTF alyl- rnh; SFR VICES, U) IAl CountvWi<It Rtevciin¢Seerj.q This A(utementduesnotmquuc the County to provide hirany some o reduction.:ratdrial<recovcry,recycling,wnrpustiog,or other waste diveraim somices by the Cnunty no C 0 any payment therefor by the City,%sv Franchise Haulers or by rampayer;;provi4lod,however,any County. 'Z W'idc Recycling Sen ices. at recycling StNIntS provided at :illy Desigualed Disposal Facility (such at m providing drop boxes for wood waste,green waste or other recyelabu;materials delivered to such Dcsignatad Disposal Facility), may be funded through Elie County Waste Management F.nterprist Fund. Any such rccy6ug Cervices may he expanded,cnmraO it or modified by die Courtly at any time in its oohs disctmtlon. n N "(;:t ,i„{tmv Diversion Senice Agreements. Nothing in this Agretmen[ 2 is ints•nded to limit the right of the County to enter into a separatn agreement with the City or any other person to provide source reductiml, materials recovery, rccyrlime. composting w P ¢cr other Waste diversion to services. Any such program condsnted by the County.whether in participation with the City,any other of :? wife;nue, which bave exvculfed Dispomol :Agreements. other cities, Sanitary Districts, Transfer Stations, m lndependelu Haulers.Unincorpuraeed Area or non-County'amity,stall be operated,rnanagtd and accounted �+ for is a program separate and di,tinct front do Disposal Strvioes pra3r3m contemplated by the Dispa.hl °_ Agm,ur eim and shall not be funded throw fit the general revenues of the Disposal System. o N fCl Diversion Prugfams in i-ninS'3Jyu u:_d. ;\.TCaz. To tf:c exirnt the Cnwnn• hapftmen!s of div.lrs'ion or other related programs in the','7!n ogx,riMl Area of the Cosmty,the cost el'sueh divcrsiv n LL LL ha ograms sha:Il`cCxtid by iht:csidrnees and husimessrs rrxiving die trtreht of such diversion programs, � aw shall nos he payable don!tie revcrue.,of i;jc lAseCSai System. o C 0 u Q m a N 0 O a C C is C 0 .y N J U N_ ❑ b M O N_ Q C E E 44 t U Q a S.A.f AR f IC'1.3i 1 V J rnv l OV:r RArF. N d SEC`(IO\;.;. C33.1$tt(iVC AVll SECURING p1YMEN9'OF C(1YI'RAC7 RA -Me H C6y acknowledges that the County shall have tie right to cbange and collect a Caouact Rxte for tic N acceptance and disposal of Count ilahtc tt'uste dnliveicd to the SYSIvat by any Franchise Hart,,. 'Fhe e Contract Rale Shall be calculated acd established,and any be utalifwYl,as provided in Section d.2 herear o 1n add'uion.dw Ctty acknowledges that the County shaft have the right to establish as part of tho operating ra roles and regulations reasonable measures to secure the 1',ayment of all Contract Rates. Notwithstanding o Section 4.2(A),the County dull hove the right to impusro Special charges for the receipt of hart it handle a materials.such as bulky materials.constrttctil: t and drmniitinn<kbris,rim and s!udge.Such special charges 0 ,hail he calculated to reflect the resucluabic incremental costs to the County of accepting Such bard to handle d maleriais_ m v 5£C'T10N 4.2. C,QH7Racr u;LYF. (A7 C+ctcer l . [iffective janule 1, 1'S, the fontrut Rale parable by each Franchise Hauler%hall be$28.517 per nw,subjwt to ptratlal adjt orient m nw:r..asflry to reflect the cimumstanett set turih Imlow, w U tit increased arses inanrred by the t'ounr: vin excess of available insurance pro"C isj m dau to the txeumcuce rrfonc.x more Uncontrollable Circumstances, including Changes in Law:and v N 0 fill cscaiation during the ten of this mmt Agrec caimlawd in accordance with Scmalf :4 2(131. v 0 U) © friar to rt-,y sling the Contract.owirl a$a wwtr reduce the he the m of pe anew described al Sta:nn 4.?(:1}(i).the County shall utilize the 7blh;wing srnedy: reduce the ccsis of:?peaing the Digmsal tY S .rem w.the extent practicable. p, LL Any adi.uslmmi to dw Contract Rate pctmitted be dos Sactiun a.21.:1}(i?shall:x calcutated c by the C'numy to retied d!c Wood caso at expenses of C 6 .4 tile C pnrStBmt to c+hicll the Mlj L;Sl,kilt is AfinhUrized.and Shat)a(id ritlo.4,why: -applicable, the then minorining capacity in the Di;:p): I!S Srom.Suc6.rljus(ment mar not reheat circnm>tanees ofh,T titan ehe cimumslancc� demrila<•d ill tenor. 4.7tAk 17. a S E33 C'aicnlitSVn of E.cataton. Car purtxnci of tl ctior, d?{.\xii},the C'rntracr Rate$hall be w aQju;teA in aaenr:3ance with the °ermula dcscrihed in th;. Section each .hqy 1 during the ten 1?cruof, e311l�pC'(CLIb July L 1499.The ilo,N.ttntem shall he taicolmod m accordalwe with tile following Fnrnula: v m m G.:r�tracf Rot:- Fixed Portion +(Fsealatin_Portion r index; e O V.lttre, y U Fixed 1'OYtI(fi) - SI9,g1 N 0 F:sca)atinr patina •- S!1.6,11 M 0 N Index Price Index, which shat! 6r: determined in •atcordance with Sac fnf iau iog ro"nula QO 3 1 4 .'[PPL:TS'1.j t.3(Gt,/fete) c E u, U U ® a OX7 .,7` U J J PPI, 'hc Drx'uecr fTiae Index,(rdustriai Cemmcdities,ail p(th{i;;hed by w the Gaited Stases pepertmerlt of Labor Sfattsties in die pub(icatinn j'+r>•a v+ 'r' a nlr:]• ,Table 6. ibr the month of Felimar)'in the N year the odjustmem is buinz made(e.g,. the first adjustment will > ase the Pebmary, 1999 value) e m 0 PPL Protluccr Price Index, Industrial Convnoaities for the month of in February, 098 `o c Fi, Lmpiowuent Gas[index,Compcnxatior„Private industry Worker, q as pabushcd by the United Staten p9partrnunx of(oboe Snaist(s v ill the puhtiutinr. if,,osILII/yJ,�j,..»_gt•;•jtry:, Table 22 for the fait quarter of the year prvcc•eiing the year the adjasurerm is being made .o (c g.,the first adjustment will use the last gaartcr, 1998 value) N (ii' Fmploymeut Cost Index,Cmapansetian. t'nvnte Industry Wuxkert u established For the fan quarter of[997 .Z d N tt'rTIC Fmpivymenr Cost I:wkx or Producer Price lodes are ran longer puhiisfted,m are Ptfteluise m nnavaihthle,then the Grst of Lit ing Adpu lnwnt.)mll bu dknenninad t+y umne )Tandem!offxciat S(aii:s icy � measuring chinges r.+,rsspectively.labor costs and cost of matwials,as the parries shal(mutwlly agree. a (C) Procedure hx Hat�J'•ntmyr[�. ht Ewe cvcitt tale Ccualy deterrt:ines that it is m earitled to a:i adjustmeru of the Concoct Rate pur.utmt to Seaitm 4.20)(i), it shall lflilite the pneeduras ® described in this Scctinr,4.3(C,. "phe County left be rtyuired to Provide the City with at IEUt 60 days prior +.nsen notice of the adjustment, w hich notice shall identify the specific eeart/sl or eireuntst;uucti tvl!ish a .equir: the adjustment. Tlid n\nice .hall also specrti il:c carliesr date ore which the t-cx[nty tioarJ of m Supra trson shall crntsirlet the proposed adjushncm. At Ivan;5 dive p iris to such nnarting.yf the 13miret of e Supers isors,the County shall prcnide the c:;I"with a report which chat)concein dc f ritowing infort.atiou: c :f dC'>CrIpt1U0 tlf the Speelt4:a\Coif 3)Vr CIfeVHi3tdneC>w'(tldh sequin,tile WlJi15IC:Ci�1: a({CS:[iplVm(tllelll{tilil! 4 cos: estimates) of ant activities tuhich neat ineh:dc, but not he limilud w capeal iminotromcnls to tiro Q Disposal System)m(wreJ in oiler ra rerne;iv sorb event or circumstance;crrtiticatiun by die('ounxv;hat y it has ivtpkmemcl the rznmdy descrilnd in 5;L,;G n -1.2 priorr to requiring the rate ddjusunent: and a 3 •iescripriun of the nmlhotlogy used by the County to ealwlate the adjustmmat to ilk C,+nisei Hate N N (hcminatter rho"Cnuntp RelxtR'). Ir;the excel the City disptnes she adjtstment,is shat!prrn'ide Ulu C7+:unry o -with a mitten dcacrpti;m of she rezwn for the dispute at leab't 10 days prior to the meeting of the FPoard of v Supervimvi idcnri[ieJ in tho milia)nonce of the i;ounty ihereinn6et the"C by Report"1. 'I he C. Rejwrt shalt ac provided u:tic Boar,( o-Supervisory fir ,nn5idermwn it such mecliltg in¢0 nnecti0lt with the e pu:i..a;,cd rare adiusrnenr. At auytime from acct after the data that the C oumy prov)({es the l'Iry%N ids file w Coonry Repon.upon the request w f cifhvr party,die City and County,flat!meet and tooter In gone faith W N resufvc any dispute that may arise regxrJinz the preposcd adjusbnetn to the r ontruet Hale. In tl:e event the u hoard of Supervisory zpptuves ail or a portion of the proposed rata adjustment,such rate adjustment shall O (xeo:nc eficcliwe on the dote iJentifint it, the !.;ilia] n:?tlar sent by the County. but xubjuct to potential - rein[bursement Pursuant to Section 4.2(U) 0 N (D) .kL';ifspl•.9 ...t?L{A3913S1iltiiL.e9j. to the even[ dot[the(airy cl:alicrsges a Kate Adjuumenl !talc pursuanr to Section d.>'.(A)and It court of epphcablejurisdiction determines that any portion of the p County's ad;usted Contract Rate was improperly imposed,the County shall,within 30 da)x of the date of 3 the statcmdw of dcoision, reimburse to the City she ammmt improperly imposed,uagsidwr with interest m 2i t u Q Packet Pg!173 97-3-7 1. en!culatod td the fherdue Raw. Stich rdmbursentent mar be made in the foam tea reduction in the Content J Rarer Fur a?luurc peered rcas+xtak,ly Baku?:ua)to praw;te Gill rrinthurscnrcn[of IV amottnU described above. N d S[:CifCHy•I.i. gr� \SIIHI I.11l' Ff R(I+AYNFsiTDF,UL,S;•(lV.l'RAC'I..(A)power N h} Cis. In the event wad to the eaten t I)the City l municipal collection ferces directly For the haulage 10 of ControOabk Waste to the Disposal System or i'--)du City eats nee-mnnithpu! Franchise Haulers for e co!lcctior her no t.theless elect;to pay dw Contract Rate frmn City revenues,the City shall have direct o responsibility for payment rat the Contract Rate,And shall take all such budgetary, appropriaiio»and other in action as may be ncsssary to provide for the timely paynem ortha Contract Rare. Such action stay include, o depending upon the meani authorized hp tI,c City to provide for such payment.the fevy and collection c r a urncral or special tares. the impo.sition of benefit assessments,or the collection of user fees, generator charpcs or vilwr similar intimsiCUns for municipal solid waste dispavah The City shall use best efforts in v aceordancr with Applicable Caw to levy and impose all soch taxes,assessments, fees or cbargci,and will w take all steps, Actions and pnsu4edings for due enforcement,collection and pamtmtt of all such ameunti .O wh!ch shall become delinquent.to the full extent permitted by Applicable I Aw. 'lb the cheat provided in e Section,7.S hcreaf,the nhliGation of the City for such Qlnitact Rate cu Transfer Rates shall be limited w N amounts in!hc City's Stiid W'a;:e F.nterpriae Fund. From the i"ornmcneenirnt pare to the date ofexpiration u or teminution of this Agreement,the obligation of the Cih W pay the Contract Rate or Transfer Rate,to the extent the City -ather than Franchise Haulers is responsib!t dtreetly for Payment and previdnl that the to Service Covenant alas been.xrtphcd with.shall be absi,lute.ia d unconditional and shall nM be subject to u dcin!. or dimin lion In rcawl,ornet Oft;abatement.counter clam,existence of,.disprde or nth r ise.'r1:4 N m obligati r of the City hencnnder shall be limited m alb circums::mces to amoumi available its any e'inerpris: And crcattd by the City for solid waste management purposes,and there shall be no rcecwrx hereunder :9 against the City's general hind ar other hinds not related to solid xaite mana,, volt purposes for amounts N © owed by the City!lnrcunder. .. v C l!31 i'gy'.ptettt by !irony*{a�•!Isa,tic. With respect to Controllable Waste delivered by a Franchise Haulcts off:w than(;p .uunicipal et+eclicr. '>Tccs,the obligit.on w pay the C'antraor Rate shaft rest"hil'a al Fh.mchisc Hauler..,and nm Avid,the City and,;nFrii tile cip has agreed«irh the C'nunty to e he des{'catvihk lyre Frunrhisr H:nucr svgs moms,lh4 Cot?';hall nut Ix f twr.cial!y mshonstb!c for any delay or laiiwa b; p„di Fmnchtw Haulm[p pay the Contract Ral or are, LTlaion thereof offer,due, In the eveaa oe O_ an,such failure,the County and the City shag cooperate wilh each other and use their best'iffom to obtain Q tn:ely paymcnl Such cflnrts by tkc Cwmv may inaludr. a, xppropriam, rcquirine cash paymmnis for y di;p!,sal rights from such fraon H$ a iianlcr And brie leg a leu:d larkz erasing fur payment and damages. Such a eforts by the City shad inclatic. As apprrpriata. ?erred pruc a:dings to.wvpend, revoke or terminate file w Franchi.e Haulers franchise,permit or license right. O a v (C't I)SS�;;}JE,. If the City or tl:e Fmn4hix Hauler dispmta= any Amount bil[cd by the- e M C,nmty in,an•. Btlii^:St9f.ment.,i}(t C'ity or the FTatAhlYr:({glllar 4111 nG%Iei:ie!CS)pat'LIndISFY\tied anlr4mlG e Identihrd a:sl,ch It.:hl+g Statement and ittidl p1h'.Vide 1114(-MUFF\ Niti RTiltan e•b)Cetiont whd)In 31)tiny+of N Ow rrxipt it such:lslUiaa Sudelnrnt indicating the anmunt that is hemp;disputed and providing all reYKm3 '^ duet known W t e City ar the F-rancbisc((alder 6±r any objection n,or disagreement with stwh Al l'r.0 � N ('otmts shrill Shen respond to such wrncn ob)cction 1providirg additional doc;m:mtaail,n sul,itartialing the o wnneat di pu?cd if appiicnbie)n'ithin 34days of receiptof:he wrinen objectirat,if(he City,x the Franchise Hanlor and the Coumty ire nor able n;rewlie such dispute withhl 31)days after the County's response,ether t�.> party may pursue appropriate legal remedies. In addition, in the event of nonpayment by the City cr c°v` Franchise f iaul,cr,as applicable,the County shall have tar righl io discontinue nay i reda arrangements it may have had c:idt the Cie or Franchise f hauler, And tcquire cash payment roe iubset!uent deliveries, p c u 27, E u 0 a MO M U SECTION 4.4. hURAILLFAM,'rhe County shall continue to bill Contract Rate after January 1. 1593,in the same manner as it has customarily hilted tipping fees.Subject to v the other provisions of this Agrecmeru,the County shall have the right to modify or amend ouch manner of o bitiing on reasonable notice to affected parties. N m c SEC4-(ON 4.5. ,ZSS2UP„JK&SI'E D1—VOMALEEE OPTION Notwithstanding the other o provisions of this Article I4',City shall have the option to adopt the following procedure: to 0 City agrees that it or its Franchise Ilauler will pay the then entreat Solid Waste Disposal Fee(which Fee is, C at this time.set forth in Section 16.0 222 of the County Code),as same may be amended from time to time- '0� relative to the City's Controllable Waste delivered to the Dispastl S)s(cm. In turn.the city will receive a m monthty tmymra+t$nm qtr County equal to the product nE lite City's Controllable Wastc detivered to the w Disposal System fix the month in queation multiplied by the difference between the then current Solid -o Waste Disposal Fee and the then Current Cuntract Rate fas the Comma Rate is deterntiaeA under the provisions of this Agreement). City acknowledges that the Court)shall bave the right to establish as part m of the operating rules and regul,3tions reasonable measures to sectuc the payment of all Solid Waste Mposai v Fees. Furthur,all references to"Contract Rate"in Sections 4.?and 4.4 shall be deemed to refer to the Solid Waste:Disposal Fee. m 0 City shall elect The option set forth in this Section 45 hp notifying the C't•.anty of such election as provided in Svction ?.ib. 'she election shall be effective on!hr first day of the so mid month fallowing receipt of d+e nnrce by County. a 0 to ci K a c 0 c 0 U a d a 0 0 a G 0 O .y N J U N_ ❑ O M O N Q 3 d E r U @ Q Packet Pg. 175 O9T- T3. U ARTICLE I BREACH.ENFORCEMSN'r AND TERMINATION ry m iFCllpN i.l. Bk[:AC i. 2', IEt)M- the parties acknowledge than the menc,dantaga 4t provided hereunder may net be adequate to core nsate either party or the other A P }' q Pa pay party's nonpertnrmancc. � The parties agree that in tire crent either party breaches ary obligation under this Agreement or any e representation made by either party hereunder is tunrur,in any material respect, the other parry shall have o clue right to take any anion at lays or in equity("hiding actions for injunctive re!icf,mandamus and specific rn performance)it may have to enforce dot payment of any amounts due or the perf>rmance of any oblibrations o to be performed hereunder. Neither party shall have the right to temtinato this Agremncni c.wpt as provided o in Section 3.1(F), Section 3^in. Section 5.2 and Section 5.3 hereof or as provided in this Agreement. v v r Sk.c(ION i,2. C_!"l�r,;.0\'V}-'S�Ir_h�J 7F'.$�•114tTIOti, (ytc City shall have the right to v Tenn hate this Agreement in its;,.)to dis ct6m, inr its cnnvenienx and without cause at any time during the R 7"errs) hereof epno 913 days' wriecn notice to the County. If.the City exercises its rigivs to terminate the w Agrecmcnr pursuant to this Section. tiro City shall pay the County a terminafion fie equal hr(x)St t.25 u rmdtiplicd by tyt the amount of C.entrollnblr Waste delivered to the Dispnvt S}stem during the prior `m t:ontrtci Year multiplied by(r.)remaining tear 31 the W tss f)ispi,'a.l A}rmmeni. statod in years(asvtnting 0 Judi termination hx cLuPW MMU,did nUtrKGar? Upon at,, wirmiratian by the City pursuant to the provisions w M-thi; Section, the ablism;nns of the Count} persuant to Section 7.3 I:erenf shall not srtrvha such m termination,notwiih tandirt3 Section v y SPCf1( V_.i. ' � T 1, . (Aj �; . Ez:ept a expressly prsvidd heroin.the ® Qt..shall*aye no tight to ternuneto ibis Agrcan-ent fx cause except in the event of the repeated failure or rePosa! Ls the County .ubstaniafs to perl;)m any material obiigation under tins Agreement unless such feak.re ut mlur;il is excused by in l:ncuntrollab;e Cireumstmfec:accept that no such tSilnre or nefusal shall a LL giro thc(:'ityt!re right to trmtivate this aLrrenteut far carats under lt!is SUtlieefion t:nles fY c 0 {') "l het'ip has giver:pri�a vsriuvn notice to life County stating thara spruified failure c or refusal to perforrn exists which ssil!. units9 corrected, conxlimle a material bmich c!'tais °- Agrremenr on the part of the Count} and s.hi:h wilt. in its-.pinion. give Me City the right io Q rr:anmam this Acrcnnent for cadre alder this strbrection unlex SuCh hreaeh rs amrrccte;Within a m reasonable peris:d of(ime,and a w ('.i The County half neither challenged in an appropriate ti++ram!in aaun)an.:e with o a Section 5.4)the Cigh ante;hrsinn that;aci) ti)ilur_or refus:d to:perform irns occurred to conS.imras a Z.rnawyiai breach n`.his Agree;;;ant tror:urcc<:w or diligent) taken steps m correct such hreaeh m a ahin a reasonable peried of time not nm)rc than 40 day;fronts rho date of the notice given pursusat e to clause('.)of th" uhceeti.m(nut f the County shall have diligently taken steps to correct such w breach s.iibin such reasonable period of tune.,the ;acne sha!)tx)t aon.critute a mach giving rise to the rigbi of termination tdr vs long as the Counry is continu mg to take such slaps to comer: such breach). 'p {R i 13�.f', n v. Except ar.expressly'provided hcruir,the County shall have nn right to M wuninare this Agreerrerrt for cause except in the event of the mpoated failure or rei'usal by the City Cs substantially tit perGvm any material obligation under this Agreement units such failure or refusal is a excused b5 an Uncontrotiabio cimumsntnce;except that no such failure or refusid shall give the County the >o right to t-tmina.r t3is Agreement for cause tinder this suhsenion unlcw > c v E 24 © � a Packet Pg.'176 ;7-371 ® U (1) 'the Ccanty has Liven prior written notice to the City hating that a specified failure —n nr Mosel 14 pc•rfum e:aists ahirh wi!i. unless corrcered, constitute a material bra..h of this v Agreement w the patt of tt:e(.sty al:al which,with in ifS npintml.gIV'N the Coumy right to tartnirate J 1116 Aatm.n:for calae cater this cubsetticn unkxs such breach is aomcoted within a reasonable m period of time,and > c m (?) The City has neither challenged in an rapprnpriate form r iu accordance with Section 5.6 the County's ennchnion that such failure or refusal to perform has occurred or constitutes a w matorial breach of this Agreement nor corrertcd or diligently taken steps to correct such breach 0 wiihiu a rcalonabtt period of tune net more than 90 days from the date of the notice given pursuant o to Clause(I)of this sub eclian(but if the City shall have diligently taken steps to correct suet,branch within such reasonable period oftimo,the same shall not constitute a breach giving rise R)the right of tenuination fm as long as the City is continuing to sake such ceps to correct such!,reach). K v SECTIONS a ND WAIVLRS. No action of tilt Count} of the City pursuant to this m Agreement tintluding,but net iimiltd lo,anv investigation or luv nrent�slid no failure to act,shall constitute y a wa:atit by tither natty of the other party's comp"iance with.any term or pmv ision of this Agreement. No o— course of deaNny or delay by the Coeni or the City in exorcising any right,power or remedy under this Alimeinent shall operate as a wailer lberellf Vr Lrdier wise prejvdi T such pang rights,power'+and remertiei. N Vu sirn'Id or partial¢mortise of(tv failure to exercise)any right power or remedy of the County or the Ciiy w um!cr thi>Agmx turnt shall ptectude any ether or hurdler exercise thereof of the esereise of any other tight. 3 power or remedy. n SECTION 5.5 f)AatACip.S,(a)t fx.to the event that viN City ternioates the A 0 Wcemmt in © parsu:uu to Section i.iiAT,the County shalt to ohiigatwl to nay to the City as damages the amount by which m !h.City's reasonably expected coat oflranspoiting and disposing of City Acceptable lv, is t for a pct Od � ePlnmen'IOL 011 cite date of 1wrliniliva and end:og one Year Ater such hate Of tcnV ul4tion)CXcecd3 the nay averegute(,onrad Kate that would hale leca 1),"Ate wills respect lo such City Aucep;able Waste had the Counn met im obligations hercandvt and the Agreement had not been teminmed. 0 C 0 (T))�J}nr\'• 11l the l`i Crlr that I}fN( I nflt}'ierml!iatl'S:}Ie:avreement Pursuant w Srctir,n 5.3(R),tit:• ' U City chat!pay Uu Cucmy as!�urnages na amount egw71 P+a;c Conimct Rate in effect at the ti+ne of such rermivation:nuhip!icd by the number of tnnv of City.Aceepta6b: Waste delivettd to file. Disposal System o duril;g,tic prec>din_twtive mumhs. a N N "criou 3 rr. Tt is the express intention of the a Parties that all local aal:cn>and pracredYnp,.s tainted to rhli Agmv,nem or to the Disposal iysicnt or to any '0 lights or any rclotai mss 1p between the parries aroma therefrom shall be sAely and esrlusicely initialed And m maintained in curets of the Stale of CJIi ornia ha.iag appropriate iuriidlaion, c 0 y N J U N_ ❑ M O N a 3 c w E zs U ® a Packet Pg. 177 97-371 U ARTICLE II J J 'fk.RM N d SECTIM h.l. E,[girSj,L.''F, MIL AND TERM. (A) I=.. This Agreement shall become c N eftcetivv,shot[he in till[ Fame and effect and shall be legally binding upon the City and the<'ounry from the j Contract Dan lux!shall continue in full forte and effect until the fifteenth annmersary of the Contract Date. C imlesa earlier terminated in accordance with its terms. m 0 rn (U) ,,rival, Accrued Rights. The rights and obligations of the parties hereto pursuant to `o Sections 3.1(E.).5.1. 5.3, 5.5.7.2. 1.3. 7.5, 7.7, 7.8, 7.9,and 7.10 hereof shall survive the termination or e 0 expiration of this Agreement,and no such termination or expiration tliall limit or otherwise anffect the — re%pcetivc rights and obligation, of the parties hereto anaued prior to the date of inch termination or o expiration provided. howewea that Section 7.3%full[not survive if the turnimation of the Waste Disposal w AWeemutl is due tv the occurrence of an Event of fMfatdt clothe par of the City. At the end of the Tern Tl of this Agreement.all otter obligations of the parties shall terminate, N U U N N d ul 9 O V O K a LL C O C O U a T a y N O a v c A c 0 N U N l7 O M O N_ a O 3 a, E s a Packet Pg. 178 8.A.f © 97-37' U ARTICLE IM GENERAL PR06TSIOVS ry 0 SEC"-fIQ\' 7.1, Uft)2.CIIOti ANU MA TIiSiA\C'L•'UF 7llf"U(APr')SA(.$YS71M. The c J C'nun[y,a[its cost and uaPeme throu_h The Ceurat Solid Waste Enterprise Fund,shall gall times operate, j or cause to ten nperated,dw 0isposa!Syacm in secvrdance with Applicable Law and the o(+eruting riles artd e Rgulaaoaa of the cvvnC+. m 0 U) S£C IION i. . IdNCONTRGI.IA$j,E- CIRCUNSTANCES GENERALLY, o (A)psIS4iIDltnce Escuaed. Except v..othem kc spacifically provjded in this Agreement,neither the Courty e 0 nor the City shah he liah!e w the other fix ant'failure or delay in the par4)rntance nfany obligation ender this Agreenxnt tither than any paynwnl w the Ilene due arn!tm uF;);o the extent such failure tar delay is due <ea to vile occurrowe of an {in.:ontnutable Circumstance. Sao, v ('rt) `notice �fWi;atk2a, the parye.ape6cricing an Qncantrcl(able Circumstance shall m notify the other parr,"by to lrcam'.nunication or tclephonc and in writing;tin or promptly after die da!t tit m iany etpuncnclnp suit(ix:..)mllable Cirtio,unce first knew of the,-ornmencement thereof, hollow.t v u Won !3 days by a written:Ics::ripriun of(i I(he Uncontrollable Circumstance and the caus•<thereof(to the event known).(2)the [late the 1,m:ontro!iable Circumstance began and the cause tharcor, its estimated t0 durati„n. the cstim;ned time daring %vhich the performance of such party'.ohligations hereunder will he 2 dclap't.'d.t.i 1 the a5tlalated amQUn[,if any',bt whietl the l."Onmiva Race may need to be ak�ln5ted a3 a P-'alr JS m iUeh tjnifntr.f lab!C C"itCLLillibafw u.([1113 ntlnl:ded:Tpacr M the adtcr Obligations of SlAIh Party finder this A;erevincnr and(51 tarientiat Initigvirq acti':ns:s'hith might he taken by the Cmunn ur City and any a as :2 wher<cusp mitti;t;a:reduced and>.lse apprusimate an;rnnt of such c�)ri mdntaions. Eachparty shall Province o ptotn;x wrhtea notice of dte cessation of such L'neonrrullahic Circumstance. Whenever such net.cscrt or in Q c.-ndition;hall oha'ur.Inc,rarty.:ieir.ing la be sthenuly aftcutyd Cher<b) sha!L as pronryxly as rcasuttabi} IY pith iblc,tine it,best C'f"M}s to Cianillaw the cau<e thurehrr.reduce costs and resume rerf.mtance under this LL Agreement. In addition. with rosPenl to Changr_c in L-aw. the Counl, shall diF_eendy'cemcst ain such K .!tinges the iinlmsition of which %,ouid have a material adverse impact oo the Dispu,a!$}stem. %%hilt:he c 0 c!clay s:enrinue>, the C,hwft}' :�r C'in shaEl Ciyc netic2 to the o[I:rr parry, before !hr hfsi dm Of cxh e sacccuiir.e month.uPdat rig the inijltmation previously submitted o u Q (Cl (la e'w• F 1 L'ontrxt Rutc. !(ntsd to they esicnt.hat i y,c,ntrnilable;"iretmtsstanc<s y h)mrfae will..cola;. or inccae Inc cost r.F the l:ounr:of:nev0^g its obligations htrcurdc'r and pruvidine a Disrioml Scn ices to the cities'Hch have executed Disposal Agreements a!accordance herewith,the County m shwil+x+cntit)ed loan increase in t.^.e C:ontrtct Ra�r a't provided jn Sutler,d *ereia car un ext<nsior,in the o a scircd::!e for Perfvtmm:ce equal to the annxmt+u;'the inLn:ased cost or the hirer lust a>a r<;u:!{thereof. 'five a proec¢dx orally insurance aydilab(V k meet 81ty ,uch irerWS<d eUg 511a!t hV'aao!ied to•Weil pUrpoSC prig[ to mly aele.mirndon of cost incr.asc,Payable under this sebsCausn. Any cost tr.;luc^iotts achiuscd fhmac6 e the underuhkcr.by the County pursuant to herenf upon rho occurrence w +f an i;rcomroihcbia Chcum ranee shaft tae rei(ranl in a rerha;tiaxi of[fie armxutt try which the Contract Rule would bare r.dtcns toe been bucreamd+n shell sea c to,uhax the Contract Rate to totem[tech mis;gatian m ineaiuroS.a.,.applicable. 0 SF(:g]ON ?.l. lV�j,Nfy ,FICA rION,Tie County tF.ali inienzorh',defend with-,ompeter.t otO'a counsel reasaxtahh• .sct vied by the County, protect and hold harmleiA City, its off[.^en,employees and t°.I assigns from and against alt Loss•and�Evp rise, including natural resources damages+ injuries, cosU, respt+nsa assussmcm,remediativa and remora(coils, losses, demands,debts, liens, liabilities,caries of Cl gavot.,suits,ICRaI nr administzatisw proceedings.,interea, line>,charge>,penalties and expenses(including � but not limited to artortteya'and experl witness fees and cogs incurred in connection with defending against v E 27 s U ® a Packet Pg. 179 $:A.f © U au\ of the foregoine of in en(em:ing this indeumity)of any kind whatscevcr paid, incurred at suffored br, J ar asszKad against,Gin or its officers ar employees arising from ar attributable to any repair,cleanup or ry dctusificanon,Or preparation and impleinonatior,of any tuuocni,remedial,re.poose,closnre Cr Other plan (regardless of whether nvdenaken due to govenmemal moon) or replacement ur restoration of nafnnl N resources arming tram er related to IhvArdoos;Substance ax hazardous Wastes or petre(eum products at any m place where County transkrs,scno\x dispnsrs n(mun;cipa(zahJ waste piusnant to this agreement,or the e Couaty's activities pursuant tv ihLs Agreement which result in a release or threatened release of I lazardous o svbshii or Hazardous Wastes er perrclNUnt pratu<15 into the envinn:<ttunt.The (oregohtg indemnity is to intended to operate as an agreement pursuant to but not liintied to Section 10'iir)of the Comprehensive `o tan.irrvunental Response, Compensation and liability Act('CERCLA'7.42 U.S.(7. Secfoo 9607(eb and e 0 California Ifra!ih and S,tfew Gxte Section 2576E u.+defend,protect hold harmless and inrkm.:ity City from tial.iiily. )'his incicnrity :hail not apply to Will(nl.dell ate of grrr,,Sty ratgh$ept JNIIVClY by life Cfltl Of d Hazardous substances or liviinions Waste to the Dispnsat S)svem.This indernitity shall also tea apply"with respect w (i) vehicle acaiJents er other waste delivery activities or iii) to any ftazanlarn Substances; -o cc f lazardatu lb'asla,petroleum pratuU w filter Unacceptable Waste not accepted far disposal in life Disposal Svstcm.l Ise City aer_es that the Crtmty may prcn isle counsel to jointly r¢presew itself,the City and any and m or aP ether Alrt!Ni the dispasvd of+rastr:in itu Ur'.ptsat System T'.re Chy hercM agree;tc+waive,in writing, 2 any conflict,urual of aptsircnt.creatN,i h5 lire join!represenwticn of such panicr pursuant to this indemnity. Z ncc CiR, s15a I,vreliy agleea w cUoptYafc folly And GDnip(N[Niy'w lal the Loofa,and with counsel tnottrled N 17) the Ccmnfy in r"+,figg am'I¢;wl nahNr Iinat arises pnrsuan<.to thin it;rkmniry.7hr Ciy Luther agrees ttnd the C.wrty, has compiete discretion !11!hc co,rdtmt ofony matter[o which this indemnity applies,and R may rcsoht or .icilic such matters io which this ineornmit) app!ics in its sale discretion without the permission or appmval of the I.iiy. -lire Clang agrees Ulat it till not bring any action against the City claiming ur aliening trial the Cir:has any retpuusibi;ify tx matters,actnimi m liabilities within the scepc iw © oFthe wdcmniy provtded atv,ec. .. ru d Sc<,"I1t)\?::. \t]t�tSHIPOf T}IG PARTIES. ticith,a luirty to thi;AUrcartcnt shall a iutnv an} resporr iir,hiv;ahata`etief\\Id;raSlKa'I tt`Srlt'ieca pre\Ifrd Jr t,}nlTaetnal abllQatlJllf\r iNbat{tCC � assumed by"the alhtr pxm t:emu,uf:clhrr accnxd.ahwlate,covliocen! nnu;hrncis¢,rr whMher sue or to e 0 become disc. The Cahn is an indeperd¢rt ce+nrannr of this C its'And n011cinY in This Agreement shall fr_ e &ivnwd to constitute either party if partner,aeon[,x !cvaf represctnaifcc 01"llc other party or m create any flduciury reiairnshin herwten ill.panics. Q a SGi'fffSS 7.i f (\t]'fFUHtii'f1l'RSE.. (A) (�,lots Ci[t,. F..acrpt in the r\m:;fits City tms � not estabfishcd nr maintained a City Solid W;Wc ilnterprise Fund. no reeouaa shall be had to the general m finds or general credo of the Cin tor The payment of any amount due the County hereunder. or the a° perfcrinarev of any obligation incurred I'mu ter. including arty i.aa-oral-Eispcnse of:my nature arising a 1r:+m the performance or non-petfoncincc of the Cftys o liLations herr.•uuJer. The sole recourse ii the m CJJII[R for j6 SllCfI aIr:PURIS Stlatl he to rI1C fllniif hood in any suuti Saiini Wasrc Enteprisc Fund, AB wununv; e field in:my City Solid W:t<re Eraegnrisc Food shall he held for the,ucs perminod and required thereby,and g Z nit 'oeb anlounia shall conitlture property of the Cowin•. The Ci^:shalt make adequarN prowsion in thz ;ulntinistrati\m of arty'City Soii;l lYayte Eotcrpri.;e Find of the lmprnent of say amount or the perfoanancN u afany cgaligatian o€rich may be dt+c hrrvvnder. N {fl.) To the Cnumv. No Mcourse shall he had to the kencral Funds or general credit of Q the Count} for the payment of any amount disc the City hereurder,or lire perf rmance of aay obligation ca incurred heteuider,iocludm-say lass-and-E.tpersa of anv nature arising From the pctforr)tance or non- The solo re wurs¢of the Ciry for all Bach amounts shall o I be to the funds held in tine Canty Solid Waste 1%incrpriso Fund in accordance with the !erns ul'this ?+ f Agrcemnnrt. Atl amanrnts held in die Ccurty,Solid Waste Enterprise Fund shall be held for tine uses pemtinei 1 m fi E 3 ag o w r f f v and required thereby.IN no sr;ch amounts shall c.msthu!c propetg of tie City. Thu County shell make adequate rrrov ision in the administration Of the COUIMY Solid Waste Enterprise Fund for the payment of any rf ainuunt ar dre perfunnance i top nblinaticn which may be dug licreunder. 0 c N SECTION 7.6. PRE-,&LS-jhNG RIGIf11 AND IAHILI'RIE:S. Eautpt as speciiical[y set j Kurth herein,nothing in this Agreement is intended to nffect,rcicate.warve or modify any rights,obligations or liabilities whiJi any party hereto mar have to or against the other party as of the Contract Date relating o to the dispvmt of waste in the Disposal System or any other related matter. ter 0 SKI i(aN 7.1 Nr VESTED.G`,�(�(9_S. The City shall not acquire any vested propcRy, 0 license or od:cr rights in the Disposal System by rrtson of this.4grxen;enl. d SECTION ?.3, I�;]�ILI"I'Y'_ Fflji COt1.HC I lQN. T"RANS�ORi A'170N AND � pRCC1ISSryL, Arty l iabi!itvincurcdby the Cityas aresultof collecting Azceptable Wage orProcc$SwIg v it for diversion Cram landfall,or as a result of causini, franchising permitting. tweadng,authorizing or w irranuinu arty of the foregoing.s1+.all be its stile liability,accept as expressly Otherwise provided herein y u_ Sf,CTfON J u. NQ CO .NSEQUENTOLD R PC\'T;VE I?ANtA('i(j,5. ht no exont shall III, cini0r part:hereto be liable to lhu Otherrn abligae d to amy manner to pa} to[he tRIU:r:u,y special,incidental, m amsequratial, punitive or similar damage, bused upon ehaints arixing out of w iu eonnmlion with the: parformAnce or non-ptrWnham:e of i!s obligations or otherwise under this Agreement, or the material � inaccumay Of an) mprecenration made in this A,3:eanec[,whether such claims ate bated ulxm carract.ton, 3 nezligerrca.warranty or odour lgeai ihwrv. 6 in © SEC no-,7.Iu. A\I:VJr,\fF:� Neither this Agreernrnt nor any provision hereof may tic caa+ay>Ltl.am?digirt:,amended rr gaited c>;spt by written ag:aumcnt ei,i}authorized and esm:ut d by hoth parties. a LL YO I VIN?.1 I Fan.h pam shall delk cr written nazi:e I!,dm o ether:Many Legal Protc•edmtq us which it is a pony and%kidelt quvivons tttc validity erertfarceahiliry cf ehis c Agreement vwcated by the t7a} yr the C;ranty or any beget -rintiemert is,ued in connection herewith g U a SEC'"fiCN ?.'? F1,7,{,THFR AtiSt:RA��. At any and all limas tlu:City and the Ceunl}� u so tier are may he ao!M woo by law,shall pass.make,:hr,cxecum,atknsvlrelga an<:de liter arq•and evert a +ugh farther resalutinns,ogee,deedx,unrvcvartuty.instntmtnts,a.ugumun.�transfers and as,umnces axmay w Ix necessan'or rcasnnably requested Lay the othet in order to give full tfymt to this Agreement, a° v SEC T[[Y1' ?.i3. A5tif(i.N IJ�\f(rF AGR E(;ytt{'NT Neither this Aarwumnl mr an} (if tree rialu;nr Mliyal,onx hrroronter ruuy M_assig^.ed by either;wrh-hereto wethour the prior+e ritk:n uensent of ahe ether party.whxh atay he uith:had in the Other Irtny's�nln discretion Nnrwiihstanding the(ivcaoine, y d:at cider Pang ma+:assign liar; Agreement to another iu c.essor public enthy, subject to the roanrmablt at _ws,nt of the Dthcr Parr}.In<ueii cirn+msrances the pony not requesting the as5igmnent shall have tine rignt w t.r demand assurances of the ruium A,nshnieai and legal ability of the proposed assignee to undertake the o reap niihilitie;and n60iyationsof the assigning party. w M SECTION '.bt. M71RFi5T OY fIVFRDUP OBLICATI(YNS Except as athe:wist provider!herein,all amounts due hereunder,whether is damages,credits,mventre or reimbursements,that a are not paid when due ehall bear interest at the Overdue Rare on tl:e amount outstanding Rom time to time, 3 nn the basis or 365.day year,counting the actual number of days elapsed,and all such interest accrued at any rime shalt,to the extent permincd by Applicable law.be deemed added to the amount due,as accrued- u E Y9 t u © Q 97- 371 U J J SECTION 7.15. HIN DING EFFECT. This Agreement shall hind and more to the benefit of the parties hereto and any successor or assignee acquiring an interest hereunder consistent with the 0 provisions of Section 7.13 hereof. H A SEC[ION 7.16.NOTICES. Any notice or communication required or permitted hereunder shall be in writing and sufficiently given if dclivcrcd in person or sent by certified or registered mail,postage C prepaid., to the notice address of the respective parties set forth on the cover page of this Agreement. to Changes in the respective addresses to which such notices may be directed may he made from time to time O by any party by notice to the other party. p c v d rY C c M a m 'e Z to N rV m M Ti 0 N N C a LL C O C O U a d .y N O a M c m c 0 .y N U N 0 b M O N_ Q 0 3 30 C d E z U to a 12a6keiPg.182 97 -371 U IN WII NESa WHEREOF,the parties have caused this Agreement to be executed by their J J duty authorized officers or representatives as of the day and year first above written. w Cr Cr N N COUNTY OF SAN BERNARDINO > y o t1EC ; fi 1991 Date Sy o ' hai an.Beard oFSupervisors ry„^ fOS.I o Fi"t f c d SIGNED A:W TA COPY OF THIS CON'I n AVERED TO THE CIS m Qt N Date } Clerk o up:rvisors � Of San Bcmardino County,California .o V � tY a LL Date .. ....... . .�1,.� BJ .. ...2.-i. / /le,lam . _ o +om nirto_ ttayor o City of Sen Hernardinrt u a APPROVED AS TO FORA: :n j COUNTY COUNSEL m SAN BERNARDINO COUNTY, . FORMA o a a m By o N N U 0 M O N Q 0 it 3 v E z © a ace 'Pg. 183 S,k f , v J J N d J O' N d C d O N O C O C d d APPENDIXI a c d N d U_ DFSIGNATFD DISPOSAL FACILITY Z d rn d N d 3 v �o N tr o. LL lti C O C O Q d a 'm N O a v c d 0 Id d U N_ b M O N_ Q l7 3 C d E i U d z a I PacketPy:984 O � 97-171 . cr U J J N d cr N N 10 C APPENDIX2 e N O C FORM OF MAULER ACKNOWLEDGWNT (CAN BE USED TO SATISFY CITY WASTE: DLC1V FRY GDLIQATION v PURSUANT TO SUCTION .3,i(F:)J v c m a m U d N d N 10 3 9 O N a LL C O C O U a d a �N Vi O a 9 C A C O W N_ d M O N_ a 0 3 C d E L U r O a i © 47-37:. v FEU-NCHISE HAULER ACKN'MN L.E:DGSEL.NT J J N U 3 1}115 ERANCII!SF HAIJLURAC'KNOWLEDGMEN l',dated a.sat' ,144' N tdic `Acknuwledemenl"l. by and bemeen the CiR• of _ _. - (the "City") and al Hauler"), e m 0 Wrr\IiS.SErif rn 0 WIEEREAS.the ON and the Hauler have hereroferc entered into ao agreement entitled 0 0 dated as of—(the"Franchise"):and c d W'Eli:RRAS,the Fninchisa pon idt–sfor dtecollection and di;lia&ll ot'cei+aln municipal solid � v,astc a,dciarribed Ihrrcln("Fraa.ltise Waste")generated within the Ory;and a c w \i+llE:RG15,San Htntardinn County(life'Gmc l% owns,nummast, and npaaLo a.animn landfill disposal system for umnic{pa!solid%sacra ge¢ermcd within the Count;,;and a .� W1MAE^ the City and fire Cwrr,ty have heretofore entered into a Waste D!speral CO Aummwit,dalcd as of . 1047(the•'Disposal A.reetrueu')Jcimitinina that the cxecuNon of arch Disposal Agraxmcrl wiil_sene dre patltii:hoalrh.safet,anJ welfare Hof the ttsitienls of the C in and as County:and v WHEREAS.under the Dnpos d Agreement,tilt Crmrty has agmed to pn,vide lung-term y © di,.pasal ofal!unmicipai udiJ e3slc geterated within the City and the City has agrxd to a%etni>e all legal. .. and aanvacose!lu,-war which n poswizo from time to time w dcti,er or wusv the ditfilm of such waste K to dr;c Ow San 8ctmrlieo Ccutll} Landfill Dtipoial Syrun !the"Disposed Sysiout'i:end a a. tY W WEER F.A S,the pro%islonx of the Wa-sce Duj♦ mal Agreement wiliclr guaramce eapxcity for 1Sc lar,_•term db:posal of Walt at specified rates generated in the City prig idc signif cant beretiut w the c Hauler: B U a Wfi!:R!i:1S,mdu 44,standing any rrauehiicpr.+s 6iun,tuthc mnmm.;he Fnt;cbise Hauler v cxpli.:'tdy atknuuledgc>tiff utbmrrrnlmnl bancfitc w the City,the raunfy and the Hauler in providing for a tie dis!xlsai of all rran-bier-W ao-tt to the Disposal 5yuem;and N 0 a 0.`HF.RErd..�.Life Ciq and the Fran:hiss Hauler Jesirr to enter tote,thin Aeknowirdgmnrc v l„a.u:lrx that tlw City and ti%C Hauler will be cntitice tr,the L'encllts of the Waste Uisptv:a!Agminhent and m '•tl.rS9Llft CRrfntnlit with file wane de!1vcrY i:bll$arWnS which S:1':e been agrted to bu tilt Chit) under the CC Disp;d Agreement through the deli%m} of wssrt by the Fianehtse 113(114-to the Disposal System; and N w Wl ilLRfiAti,the fra+o_hiva ltar,lur's agraumunt it,deliver Franchise W;rste to the Dispnr'a', y Sy,ten,nndet this AtiCbO'wWgn;QW is given in wnsidtratiutt o'tilt Franchise Hauter's right to rcceivc tilt o CuntrUt Rate frr,nch disposal as provided in tho Disposal Agreement. M O N_ Q 0 i 3 c m E U U © Q ".PaC t3 Pg. 786 U NOW, THEREWRE, inconsideration of the;remises and Air oHtor good end r;duabht consideratine,file reveipt and sutYiciencq of which is herchy acknov tedged.the parties hereto,intending to N he legally bound as[�Ilows: N N t. Capiniirtd tennis used and net enhenrisu delined herein are rise)as"ilefinesl in the j llislu+sal a;!rccatem e M 0 �. The Franchise hauler Malay waivus any right which it may possess under to Applicable Law to contest on any ground,cnnstitutimtah snhuoq,case law,administrative orrothcrwisc. `o (a)the right.power or Auther tv of die County or the City to enter mile or perform their respective obligations o ,in"I r the Disposal agreement. (b) the cafoO: Nlitq against the County• or the City of the Di;p+emi '0 .Agreement,:,r(c)the right,poet or soathrnityofthe City to deliver or cause the delivery of all Cnutrntlahic m Waste to the DtAgnaled DisWsal Facility in Accordance with this AeknoH ledgnteat. 0 9 The Cif}and the Franchise Hamer each hereby ropresent that this A knowtedgment m has been dnly authorizeit by all(ieces,ery actim,ofthcir respective goveming bodies. U U a" The Franchise Hauler shall deliver or cause to be detivefed all Contruilabte Waste d t%neluding residue fiom the pr,xt:z it:g by an} moans,whete:er conducted, of COntrol!abic Waste t0 the rn extent pros ided in the Disr+sal Agrecill to the Disposal Syslum.+mid shall olhenvise a..list the Cin in v crnnp!y ing t+ilh ns oblilrturns under the Wasw Disposel Covenant in Section 3.l of the DiSposa IA, sccrrnt. m 3 5. Tix Frond:i:c Hauler shnil not base!{'arin>i;ah)e W'asw to any materials m:overy .°_ !agility,mmpns[i+:;;facility,inlummtliate prxessing facility,rery::iing center,Gauzier station,v nthur was;u m © handling nr management racii;ly unless the coofoct o. other agn:ement or arrangcmer;l hctween the FoliwLhise Hauler and the operator of such facility is hufficicot in dic opinion of the City to a"are that the Residue I'rnn: such facility crn'stitutin, City Acceptable Waste For T,n-.nage qurvale a y Acr"eptsb!e Waste transferred by inch tscihtp shall he dcIivcrrd to it:e IY_'sipnawd Disposai Faeilnv i,l the K extent required fly the W:ttte Disposal Covenant. e 0 c ri. The Franchi:a Hauler shalt pay .he Contract Rate impese:l ny the C.xmn at tic D<;ignired Disposal Facility tut the disposal of all Controllable Wasw, which rate shay be subject to 0 Q potential;tdjustmeni necessiry v+ruIlca the circurnsrancus set fi,nh in+he Dispc..ai agreemnn, m 7. 9 Nothirg is this Acknov,WSmomt is inlyndaml to restrict any right or respon;ibiiity explicitly given the Frmtehiso!Hamer in the F'rarchise to recycle Coy Acceptable Waste_rxcept as pros"ided a in paragraph 5 above with «s)xa to ResWim('rem arty,,ugh recycling operations. -0 c m K. f ht oifigatians of the Frmchiac Huger under this,V wnawledtunent;bolt splay G neewu}r;tarrtliug nor rracisinn of tl!e Franchisg,sidt may amltkt 6r.�wnl+. .y N J 9. "Ellis Ackni•:vlled:meat amy be cnl'orrd by the City by any available legal rsicnns. ,0n In any eniurccme;;t action by the Chy,the harden of Proof shatl be or,the F,.u'hiss Hau!ar to dernoastraW Cl uimpliance herewith. .. sea n 0 N_ Q ii 3 c v E L U © I Q Packetpg; 187 8.A.f O 97-371 V 10. This A:.knawicdgmcursholl be in full force and effect and shall be legally binding � upon t e City mid Franchise Railer frown i e dmctl hereof and shall wmineu in full force and effect until the earlier off 6he end of the term of dw rranchise tx(ii)the end of the teun of The Disposal Agreement. =S v N It. 'the Caiman Hauler agree That the County shall be an expressthird party beneficiary > of this Acknowtntgment.and shall be entitled to independently enforce through any available le m ¢al means, c including specific Performance,the obligations of the Harder hereunder.the parties acknowledge that the o money damages provided hereunder may not be adequate to antpcmale either party fur the other party's w nonperformance.to addition,in dw event that the f lauler delivers Controllable Waste outside of the Disposal o System in violation of the Disposal Agreement.the Hauler agrees that the County shall be enthied to drww o out any bond or other security instrument or deposit held by the County in IM amount equal to the Contract Rare nmltiplicd by the number of nms of Cnmroliable Waste delivered outside of the Disposal System by the flakier in violation of the Disposal Agreenwm I'he Hauler simll execute it revised security agreement IY to effectuate the provisions ofthis Section. a c m v U d d N N 3 v 0 N ai K IL LL C O a O U Q fU .N N O CL Ti c A c 0 m U _N V) M O N Q ❑ 111 C d E L U N Q PacketPg. 188 8.A.f U TABLE OF CONTENTS J J Page N RMIALS U J N AI(TTCI.E t ... . .... ...... .. .. . .. .. .. . .... s;,r.no E.I t?liPr.:rm .. ..... .. SECTION f...1Nh("RPRGTAT(ON .. . ..... .......... ... .... ... 8 rn . ......... .1..... . 0 0 1RI1CLEll REPRESENGAPONS AND Wk ARR.MYIIES . .. ........ . ... . ...... ........... 10 c SF,( 1100. 2,1 RFPR7'.>r j'},Tl( AND 1k'ARRANT7F_S(�[,THE CITY .. ........... 10 2 AND W'ARRAN71F ULTHIE-WI= . . ....... IL m fY ARTI('Lf•.i13 DELfb'ERYA\I)ACCBPI:A`:C'E6P WASTE -c AND PROVISION OF DISPOSAL 5r.R.Vf(-r . . . .. ... . ..... .. . ........... SECTION i,i. 1 °] Cy lt`L�IjY:,CIF WART? .. . . _.. . . .. I1 SEt•'(10N3?. PROVISION OP,nC5LP.Q&NLSERV`LC"ES BY '171F COIiNTY 13 SEC1"101N, I..i. CO(!NT-Y RIGHT jS2 '.Pi�sL: R±.3 ti.1.F: . . . . .. . . . . . 16 N 51 riIUN 3.a NLTS.fII ANCOUSOPER_V10VAL MATTERS . ... . .......... . ... .. '.7 N SECTION 3s LLTBftLI-N UAjE,Et1GDISP SA .SY ST LNf . ... . . . . . ..... ........ !" ;: RX-MOX 7.6. <'(�l?�'jy_PROVKION CIF%AS71%DIVFRSICtuN„ V(CFS n A 3 ART.ICI.0 IV CON'f RAC"P RATE: I . . . .. 19 :2 SEC(f17N .,I S:.f.! Q3iYji.S.I�CL!RLNUPAYMFNTOFC'OViRjj TJC(I.�CE`,. ..... 19 N 39 .. Si:I; IO`:-i.3. RLSPOSS[t''ll.iSt'FOR PAt'VIGNT Of :SON LRAC'.1' . 21 SECTION .EA. fiI!Lj LNGQF'i HEC'ON'1'RACT1tAT3-E .. . ... . .. . . . . . . . .. . ..... . .... 21 a MMCL E V RRFACH. ENFORCEN&M AND T'BRNLINATION . . . . . ...... . ........ ...... 22 SECTIN s.3. fft. 1 % „ . . ??.... .. .... ......... , 0 C s(:c'rtt7N r }S'(;NVFN1ru4L t'fRu`. lC)N . ... . . . . . . ... .... ..... . ..... „ o SGC:TION i.;. .(ElY,4� _11. 'v . . .. . . . .. .. . . .. .. . . . . .. .... .. .... .. ... .... . ..... _. SfiC:T1UN ;3 LJOWAIVPRS . .. . . .. . .... . . Q .. . . . .... . ... . . ... .. 2i v SECTION 5.5 UA)tL.1sJ ,S.. .... . ... .. . .. . . . . .. ... .. ... . .. . ...... .. .... . . . . .. . .. 23 a ticc'no-4 -,6. FOX1,;41 FUR btSPILTT RFSOil f14� . . .. . .. . ... . . .. ... .. . ....... 23 y 0 AMICLE V1 TFR1t iL SECTON F.T. [,rc-FIVE DA PF ANb'fP(Zt4 . . .. . .. . ... . _ . , c . .. . . . .... c ARIlf:iF VIE Gf "FRAI. PROVNIO.NS . . . . . . . ... . . . . .._..... .... . . . . .. :i w iFUTION 7.L. OPERAL'LU\AND ViAINj('NA NC"f:OF TFIF DISPOtiAt SYST .... 23 o SECTION %? 11'%ONTROLLA011�,;CIRC1i.ViATANCFSCiI°Nr[LAL,x', ,- as Si.,cn.)N T_ LT ra`tfJ1�r.1uL'f .. .. O Ln SM ION'74 $flIeATIONSHIPOF TILE FARMS . ..... . .. . . . ............ . .. •. SF,CT'ION t.j. L4V11>T`.:tU-LL �=)C L K'Ll. ._ . . . . . . . . . .. .. . .. . . .. ............... . 26 SEC[ION 7.6. PRE-EXISTING RIGHTS AND I IAFEII l-17 S .. ........ ...... ....... 26 N 5ECIlON 7.7. NO F. TT RI-M ........ ... ... 27 Q SECTION 7,8. jl�\BRA ly FORCOLLECTION,T ANSPORTATTON p . . .. . . . ... . ................. 27 ?i c m E s U © Q Packet Pg!789 © °)7....171 v SECTION 7.9 NO CONSFOU L 4'[I.AL OR PCNITIVF DAMAGES . . . . .. . ... ....... 27 SECTION 7.10.Ah11iNrAIPNI'5. . . ... . .. .. . ..... . . .. ...... .... . 77 N S1:CTION ;.1[. NOIICF O[,j,ll'IC.A PION . ........ .... .. 27 v SECTION:.12.FURTFIP.R,ASSURANC"@S.. ... . . . ... ...... . . .. .. ........ 27 o- ........ N SL"C TION 7,13,ASSIG�yy"\(EN'['OF AGREEMENT . .. . . . ........ . . .. ........ . .. ... 27 > $17CTION 7.14.j TFRFSuJN OVFRDI W OIfI.,l.G.11.T1C)NS ..... . . . .. .... . .. . .... 27 SECTION 7.1 S. [UND1NG EFFECT n . . .. . .. .. . . ... ............ ... . ................ 27 0 S ECTION 7.16.No"ICES. rn g 0 3 c t APPENDIX2 DFSIGNA'IED UtSPOSAt.FACILITY 'O� v APPENDIX'_ FORM OF HAI R.F.R AMNOI6'LEUGMENT a c O N U U I N t N � d N R I + a 11j f/)) i © d K a LL !Y C O C O U Q U a y N O IL a c m c 0 N U N ❑ O N_ Q 7 C { E r U © Q i 3 titre-I r3'? 12:=E IrFa g.1�l Jlt'ES 202 W,6 T,Y0 C>rrtex{lapar SmNada: Campenlarivn&lr16afuia7 Re3ariam P.EW,0te iR. RApNam111,cN.t.le.�-.a...,,e lidnw,w.�q�^Il.ae fnOw,ww ,rrr Iw.,cp U - Iq 1. KM t lrwn. J It 12 aec urv! 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CMeaew a Lbenu Ns. j J PSG14'astc S . u:m Division l _...._.Yb...�. ..-�_. i Caway Oepartmen:Connect Rprasemative - Pn,EatEa Lm"—"�""--'-+ hi cwt al Cant act d t NLT,Sgrnhe Y3 @:&703 Count of San Bernardino �F o"I '" '— v County tNn,ntlar, Aqn Qbi.'Rev Sowca Act fry rRCWR01I109 NVlaaef N F A S •=•-» > Carnnwanv rove � --�- Extonetea PaYrna t Tntat by�"a<sl Yea CONTRACT TRANSMITTAL _ Ev A,nannl t!c Fl• A,nov,,t uo 0 to Prefect Name O c CDNTRACTOR_ City of San Bwlartiino_,,,,,,,,,,,,,_ __..__..._...... _ m K i Birth Federal ID No. or Social Security Na.____._..._._......._.__..-__...__..__.._...__ c Contractors Representative._.—. Frrd�h'itsnn.A.�i Cry Administrator... ,., U_ 300 North D ,S rm, San Bernaniirn,CA 92418 {909)3R4-5122 2 j Address Phone_ _._.. N Nature of Contract: IBrfeffy desonoe the ysnaraf terms of Me conumt., A 15 vvar bYazle Urlivery AgrtYment bel.%%Tcn the County and dim City of Sari Bernardino M for use of the County landfill rystmn, arnlary 1, 1996 to Oecember 31, 2012, to d a c C c O U Q d JZ d N O a v c A c 0 N w U _N tD M O N_ fANaco this tran"Ittaf I rantrocfa not prepared an toe "Standard Contract'form.) Q ❑ A +o d a to Lc9 aeviewed e.ro Atfonbalive Acrwn AodewW In oveagg C Coµnty prneel AGnnut A+'m✓.aagrn:AO L Date._. � 7 .. _. Oaw ..... . ...... .____.. ... Omo O to cauasaav+.+ rt.w Q Packet Pg. 194 8.A.f U J J N AMENDMENT No. 11 3 TO WASTE DISPOSAL AGREEMENT c On 0ecember 18, 1997, the City of San Bernardino ('City') and the o County of San Bernardino ('County') entered Into a Waste Disposal Agreement rn (the"Waste Disposal Agreement')which Is hereby amended as of this 191h day o of March, 2002('Amendment No. 1'). c Recitals c d m A. On March 27, 2001 the County entered into a Solid Waste Operations Contract (-Operations Contract') with Burrtec Waste Industries, Inc. m ('Contractor'). During each fiscal year during the term of the Operations y Cortlract, the Contractor has the right and the obligation to dispose of at least m 250,000 but not more than 300,000 tons of solid waste to the Disposal System. U In Amendment No. 4 to the Operations Contract, entered into on March 5, 2002 rn the amount of solid waste to be delivered for disposal In the Disposal System from March 19, 2002 to and through June 30, 2002 is at least 20,830 but not w more than 150,000 tons of slid waste. 3 B. The solid waste which may be delivered to the Disposal System by the Contractor Is defined In Article 19 of the Operations Contract as solid waste that rn is: (t)allowed to be disposed of in the Disposal System pursuant to federal,state and local law;(ii)not being delivered to the Disposal System as of the date of the Operations Contract; (ii) being processed at the West Valley Material Recovery u Facility or the Robed A. Nelson Transfer Station; and (Iv) delivered to the Disposal System in transfer trailers Such solid waste Is referred to as the"Article o 19 solid Waste.' c 0 C. The amount to be paid to the County by the Contractor for the disposal of a Article 19 Solid Waste is $20.50 per ton, to be adjusted for Cost of Living m increases in the same percentage amount as the actuaf change made to the per s ton disposal fee charged by the County to Cities which have a Waste Olsposal y Agreement ("WW)with the County pursuant to the"Calculation for Escalation" a0 contained in Section 4.2 (9)of the WDA. Such per ton disposal fee Is referred to v as the'Article 19 Disposal Fee.' a c D. The current Contract Rate payable by City to County for the disposal of °- solid waste under the Waste Disposal Agreement Is higher than the Article 19 w Disposal Fee. E. City contends that absent agreement by the Cities to the contrary.Section 3.5(A) of the Waste Disposal Agreement prohibits the County from allowing the M disposal of Article 19 Waste at the Article 19 Disposal Fee unless the Couny o N_ Q 830M C2453POU31TAGM C d E L U R Q Packet Pg. 195 S.A.f U J j J N makes available to the City a Contract Rate equal to the Article 19 Disposal Fee. The County disputes this contention. Q N N F. Notwithstanding their dispute, the County and City agree that there will he benefits to the Disposal System and accordingly to the County, as the owner/operator of the Disposal System, and to the City, as a user of the Disposal m System, of accepting Article 19 Solid Waste for disposal In the Disposal System. `o Accordingly,on the terms provided herein, both City and County agree relative to c the acceptance of Article 19 Solid Waste to a limited waiver of their respective °- rights and further, the County agrees to share a portion of such Article 19 Disposal Fee (the'Article 19 City Fee')with each city that entered into a Waste Disposal Agreement, Including City('WDA Cities'), a c G. The purpose of this Amendment No. 1 is to acknowledge that: (1) City m agrees to waive its right under the provisions of Section 3.5(A) hereof with respect to the Operations Contract, including the right of the County to accept .2 Article 19 Solid Waste on payment of Article 19 Disposal Fee without being in required to offer to City to adjust the current or future Contract Rate to equal the Article 19 Disposal Fee; (it) County agrees to waive any right it may have to w accept Article 19 Solid Waste except as provided herein;and(fl that the County and City agree on the method of calculating and sharing with City Its share from n the receipt of the Article 19 Disposal Fee, as described herein. This Amendment No. 1 shall became effective only if and when all WDA Cities, Including City,have w° adopted and executed a counterpart of this Amendment No. 1 without d modifications and the County has adopted and executed each counterpart of this Amendment No. 1. Attached as Exhibit A is a list of WDA Cities and their a LL respective share of Article 19 City Fee. c 0 H. Pursuant to Amendment No. 4 to the Operations Contract, the Count' c must mail notice to Contractor on or before March 19, 2002 of Its decision to cancel the right of Contractor to deliver Article 19 Solid Waste to the Disposal G System. if the County tails to take such action by such date (absent a further m amendment of the Operations Contract to extend such date) then Contractor's a rights to dispose of Article 19 Solid Waste in the Disposal System become N effective. a. ro NOW THEREFORE, in consideration of the forgoing recitals and the c following covenants and promises the parties agree as rotlows_ 0 1. Lim%ted Waiver of City's Rights Under Waste Delivery Agreement and w Right /County to Accent Article 19 Solid Waste. The parties agree that for the torn of the Operations Contract (Including any extensions of tens currently w contained in the Operations Contract) the County may accept Article 19 Solid Waste from Contractor for disposal in the Disposal System In file amount of at co least 250,000 but not more than 300,000 tons of solid waste to the Disposal o System and for the period of March 19, 2002 to and through June 30, 2002, In 2 V030 024538104317 AQlK C d E L U N a Packet Pg. 196 J J N the amount of at least 20,631) but not more than 150,000 tons of solid waste. Upon payment of the Article 19 City Fee and satisfaction of the other H requirements of the Operations Contract and of this Amendment No. 1, the j County will not be required to offer City a Contract Rate equal to the Article 19 Disposal Fee in accordance with Section 3.5(A) of the Solid Waste Agreement, o provided that such acceptance of Article 19 Solid Waste will not Impair the rights N of the WDA Cities under the provisions of Section 3.5(8) of the Solid Waste o Agreement. o 2. Limited Waiver of County's Richts Under Waste Delivery Agreement and c Rloht of County to Accept Article 19 Solid Waste. The parties agree that,for the term of the Operations Contract (including any eXtensions of term currently contained In the Operations Contract) the County agrees to accept Article 19 Solid Waste from Contractor for disposal In the Disposal System only in the w 3 amounts specified in paragraph 1 of this Amendment and only upon payment of u the Article 19 City Fee and satisfaction of the other requirements of the 'L) Operations Contract and of this Amendment No. 1. n d 3. Cgiculation of Net Per Ton Article 19 Disposal Fee. For purposes if this Amendment, the Net Per Ton Article 19 Disposal Fee shall consist of the Article 3 ! 19 Disposal Fee, then in effect, under the terms of the Operations Contract, less v the fallowing payments: 'o in (i) the amount of the required payment to Contractor for disposing of such Article 19 Solid Waste then In effect under the farms of the Operations Contract; LL i III) the other specified payments to governmental agencies in the o amounts then required (including any newly required payment or arty payment o made in substitution of an Identified payment);and h 2 u (Hi) the amounts representing the allocation of costs for closure, 2 postclosure maintenance and construction of addition disposal capacity (in the a amounts set forth on Exhibit`B',such amounts to be Ousted for Cost of Living m increases in the same percentage amount as the actual change made to the per ao ton disposal fee charged by the County to Cities which have a Waste Disposal M Agreement ("WDA°)with the County pursuant to the"Calculation for Escalation" a contained in Section 4,2(B)of the WDA) 0 Formula: Adtcfe 1 Di sal Pee w 0 0 Less Payment under Operations Contract to Contractor 2 Payment to California Integrated Waste Management Board Payment to Local Enforcement Agency I Payment to the City of Fontana i o i N I Q D 3 3 8303•r1 024537MG4317 pGMr d E � I a U J J N , Any other payment required to be made to local, State or Federal � Agencies relative to the disposal of solid waste or fees collected N relative to such disposal ' m Allocation of costs for Closure and Posiclosure c Allocation for costs of construction of Additional Capacity o Equals Net Per Ton Article 19 Disposal Fee. rn `0 c The parties acknov4edge that the County currently owes $2.00 per ton to the City of Rialto, as adjusted by the Cost of Living Index, but Is not obligated to make any out of pocket payment of such amount until its Credit For Prepayment is exhausted, an event expected to occur in approximately 2009, at Q: which time such payment will be applicable to the calculation of the Net Per Ton Article 19 Disposal Fee. N d Exhibit 8, attached hereto sets forth the calculation of the Net Per Ton = Article 19 Disposal Fee in effect as of the date hereof. 4, Allocation of Article 19 City Fee..In consideration of the agreements of the City hereunder, the County will pay to the WDA Cities, in the aggregate, 50%of the Net Per Ton Article 19 Disposal Fee for each ton of Article 19 Solid Waste a accepted for disposal at the Disposal System. Such fee is referred to herein as - the "Article 19 City Fee'. The remaining 50% of the Net Per Ton Article 19 (0 Disposal Fee is being retained by the County. The Article 19 City Fee may be used by each City as it sha!i deem appropriate. in its sole discretion, m a The Article 19 City Fee shall be further allocated among each of the WDA Q! Cities on the basis of two separate criteria: o c (i) 50% of the Article 19 City Fee shall be divided equally among the WDA Cities,without regard for any other criteria;and v (1i) 50°(° of the Article 19 City Fee shall be divided among the WDA .c Cities based on population, on a per capita basis, as published by the California Department of Finance,as of each May 1,each year during the term of the WDA_ o a The allocation of the Article 19 City Fee among each WDA Cities for fiscal c year 2001-02 Is set forth In Exhibit'A,'attached hereto and made a part hereof. m For Mustrat!on purposes only. Exhibit A assumes an Article 19 City Fee of o $1,000.000. U The City's share of the Article 19 City Fee shall be paid to City in quartedy payments, within forty five (45) days after the end of the calendar quarter (i.e.. March,June, September and December);provided that the payment for the fiscal year 2001-02 shall be paid in full on or before August 15, 2002, o N_ Q 4 3 83030 071637,'ep1317 AGMr C E t U N Q Packet Pg. 198 8.A.f U J 5. Effective Data. This Amendment shall be effective N and only when all J cites listed on Exhibit 'A' have adopted and executed a counterpart of this Amendment No. 1 and such amendment has been adopted and executed by the County. In all events, the conditions In the forgoing sentence necessary for this N Amendment No. 1 to be effective shall occur on or before March 19, 2002, > otherwise this Amendment No_ 1 shall be null and void and without any effect m whatsoever. .2 y f 6. No other amandments. Except as modified In this Amendment No. 1 (or in o ` any prior amendment) all other terms and conditions of the Waste Disposal o j Agreement shall remain in full force and effect. - c y IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year set forth below. a c COUNTY OF SAN SERNARDINO CITY LON, A0 U_ U w Fre gu+ar.Chal'man, E3oa rSuparvisoB Title:/ d��h L�(rar /M11sf•✓ ur M 3 Data: MAR 19 2002 L67. v_ — o rn SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS --- BEEN DELIVERED TO THE LL CHAIRMAN OF THE BOARD c 0 RENEg SA§$TIAN:. +, c Cleric of thaboord of Supervisors U is'D4t Q d 0 c Approved as to form: c 0 ALAN AR t Counsat ui Sin ern rd' o llfomia Mn o Deputy M 0 N Date: 3-/s�Dom- o 5 9303vt 221531!004377 AGMr C U E z U N a Packet Pg. 799 U J J N Ol 3 N oqdnn tryV d! N p O1 N n n j�N�{I W O ! M1 � �O mm� �O YCpf 8S F) 'F,]5 .Oq CI N d 16 N C N IA 10 3 3 &i -o 1 n $ W c ti °u; Ym�l O W �{ N O Ix O Gi mOl m O T m Y Of N Op d N O of NW $ C W N N W m m a N h 6 N Y O W Ot V _ b N O v� � •' F N N c N N G r U ? �S p aN (y pQ 8 8 1paN� pp pO � W N f0 O @ yNy tU Y p8 IpV W (V Qb! p� a UA LL d�LL 8 o8SSS8 oS88888 8 g ci yogRsss 6 1 1 pt R P. LL u._ �i ri ri rf ri ri ri ri ri m n m ri qJ U m m m m m m en m m n 'vZ m m m m S� C a a A b8S � � 8 � 8488ffi88 g C c x s ro ro e i ro <v 6 u 1e 'o e m 16 W-1 !-cS 8 g e 3 $ ro �gp N <v m Q N m !- 10 6 r M Q 0 3 C 01 E L u of 5 Q P�pgSAOO U J J N d C Exhlblt"B" NET PER TON ARTICLE 19 DISPOSAL FEE c 0 AS OF THE DATE HEREOF w `o c Article 19 Disposal Fee $20.50 c Less-, Payment under Operations Contract to Contractor $6.50 Payment to California Integrated Waste Management Board $ 1.34 Payment to Local Enforcement Agency $0.78 Payment to the City of Fontana $2.07 m Any other payment required to be made to kcal, State or Federal agencies relative to the disposal of solid waste Or fees collected relative to such disposal $0.00 y Allocation of costs for closure and postclosure $0.34 Allocation of costs for construction of additional capacity $2.10 N Net per ton Article 19 Disposal Fee $7.37 3 9 "Artiole 19 City Fee'consisting of 50%of the Net Per Ton Article 19 N Disposal Fee $3.685 ti o. LL lY C O C O i Q i d a o Q. v c m 0 InyVi J V _N d M O N a3030 024537=4317 AGWr O C I d E L O N Q Packet Pg,201 • zCO3-30ti Exhibit "A" U J AMENDMENT No. 2 J TO m WASTE DELIVERY AGREEMENT 'c N A On December 16, 1997, the City of San Bernardino ("City")and the c County of San Bernardino ("County") entered into a Waste Disposal Agreement o (the 'WDA") which is hereby amended as of this 17th day of ?tovmbar, 2003 w ("Amendment No. 2"). o c Recitals ° c v A. On March 27, 2001 the County entered into a Solid Waste Operations i Contract ("Operations Contract) with Burrtec Waste Industries, Inc. v ' ("Contractor'). During each fiscal year during the term of the Operations `, Contract, the Contractor has the right and the obligation to dispose of at least m 250,000 but not more than 300,000 tons of solid waste to the Disposal System, L In Amendment No. 4 to the Operations Contract, entered into on March 5, 2002 v the amount of Article 19 Solid Waste to be delivered for disposal in the Disposal n System from March 19, 2002 to and through June 30, 2002 was at least 20,830 w but not more then 150,000 tons of solid waste. In Amendment No. to the Operations Contract, to be entered Into concurrently with this Amendment, the ° amount of Article 19 Sofid Waste that is acceptable for disposal in the Disposal .o System for the month of June 2003 is to be at least 20,834 but not more than rn 31,25C tons of solid waste. a: S. In Amendment No. 1: (t) City agreed to waive its right under the provisions u of Section 3.5(A) of the WDA with respect to the Operations Contract, including the right of the County to accept Article 19 Solid Waste on payment of Article 19 o Disposal Fee without being required to offer to City to adjust the current or future ° Contract Rate to aqua) the Article 19 Disposal Fee; (ii) County agreed to waive '0� any right it may have to ar_cept Article 19 Solid Waste except as provided in Q Amendment No. 1: and (ill) the County and City agreed on the method of 2 calculating and sharing with City its share from the receipt of the Article 19 � Disposal Fee, as described in Amendment No. 1, o a C. The Contractor under the Operations Contract has stated that it has a c control over 75,000 additional tans pet year of solid waste that satisfies the � de 1nfti°n of Artida 19 Solid Waste within the meaning of the Operations Contract o and that it desires to bring such waste to the Disposal System for disposal as w Article 19 Solid Waste. Zi U w D. The County and City agree that it is in the interests of both parties to allow ° the Contract to bring the additional 75,000 tons of Article 19 Solid Waste for disposal in the Disposal System, under the same terms and conditions as set out N In Amendment No. 1 to the WDA Thus, the purpose of this Amendment No.2 to the WDA is to increase the maximum amount of Article 19 Solid Waste that is a 0 3 3303v1 —45371004317 AGW w E r i Packet Pg. 202 B.A.f U J J acceptable for disposal in the Disposal System from 300,000 tens per Contract N Year to 375,000 per Contract Year. NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and promises the parties agree as follows: c m 0 1. Amendment to Section 1 of Amendment No 1 to the WDA Regarding N Limited Waiver of Cltv's Rights Under WDA and Right of County to Acceot Article 0 19 Solid Waste. The parties agree that Section 1 of Amendment No. 1 shall be o revised by adding the following: Notwithstanding the forgoing, commencing on the effective date of Amendment rr j No. 2, and for the term of the Operations Contract (including any extensions of I term currently contained in the Operations Contract), the County may accept I Article 19 Solid Waste from Contractor for disposal in the Disposal System in the amount of at least 250,000 but not more than 375,000 tons of solid waste and for the month of June 2003. in the amount of at least 20,834 but not more than d 31.250 tons of solid waste, rn I � Ail other terms and conditions of Section 1 of Amendment No- 1 shall remain in full force and effect and are not amended by the provisions of this Amendment No. 2 2. Effective Date. This Amendment shall be effective it and only when all d cities listed on Exhibit "A' to Amendment No 2 have adopted and executed a a counterpart of this Amendment No. 2 and such amendment has been adopted and executed by the County. In ail events, the conditions in the forgoing c sentence necessary for this Amendment No. 2 to be effective shall occur on or o before December 31, 2003, otherwise this Amendment No. 2 shall be null and o void and without any effect whatsoever. '6 a m 3 No otner amendments. Except as modified in this Amendment No.2 (or in 9 any pnor amendment). all other terms and conditions of the WDA, indutling .2 without limit those contained in Amendment No. 1, shall remain in full force and o effect, a c f 16 o N N 1 U U N f v � a 0 3 d 3YJ3r; 024537,'04317 AcilAT E t u © a ac ef.Pg. 203 e ' I U J J IN WITNESS WHEREOF, the parties hereto have executed this m agreement on the day and year set forth below. 'o N M COUNTY OF SAN BERNARDINO CITY n O Donna Hansbxrger,Cna rman,Board of Supervlw r� Tit '� m Qaate. DEC 16 2003 Date: f/--2v ro 3 a c SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS $ BEEN DELIVERED TO THE Z CHAIRMAN OF THE BOARD n RENE A4TEQ(P t,' @ Cle f .0 di tf .p(�° isors 3 �. B U) a p Approved as t0" 'rm: c ,Qd.t Jed-& O @Y !y u}C ounsel m Dputy a d y 0 o. a c c 0 N H U M O N_ Q 0 C d 2303>: @:°3]t.gi1',i?v'dT L U y Packet Pg.204 SA.f I 2003 306 U J J AMENDMENT No.2 N EXHU3IT"A" P N LIST Of WASTE DELIVERY AGREEMENT CITIES AND Tt:NNN5 j c Town of Apple Valley o City of Barstow w City of Big Bear Lake `o City of Cotlon o City of Fontana City of Grand Terrace I City of Hesperia City of Highland v i City of Loma Linda m City of Rialto d City of San Bernardino = City of Twentynlne Palms d City of Victcrvilie w City of Yuc aipa Town of Yucca Valley 3 v ) ui a LL C O c O u a .y O a a c m c O .N h 0 v m O M 0 N Q C d 830111 021537%0-0u;{17 AG'u1T E t O A Current Refuse Rate Schedule per Resolution 2008-433 Residential Service: Single family!duplex $ 22.84 late set-out fee $ 28.75 Triplex/fourplex $ 45.68 Contamination penalty $ 28.75 J Extra black barrel $ 12.97 Special collections $ 36.23 Extra green barrel $ 11.35 Cart replacement fee` $ 74.75 H Mobile Home $ 15.24 Administration fee $ 50.00 m 6 Commercial: � 2 yard bin/1 per week $ 112.10 3 yard bin/1 per week $ 119.18 > 2 yard bin/2 per week $ 205.32 3 yard bin 12 per week $ 225.56 m 2 yard bin 13 per week $ 304.44 3 yard bin!3 per week $ 335.12 ° 2 yard bin 14 per week $ 401.20 3 yard bin/4 per week $ 440.14 w 2 yard bin/5 per week $ 495.60 3 yard bin 15 per week $ 547.52 ° 2 yard bin/6 per week $ 661.98 3 yard bin/6 per week $ 840.16 0 4 yard bin 11 per week $ 130.98 6 yard bin 11 per week $ 189.98 4 and bin/2 per week $ 247.80 6 rd bin/2 per week Y P yard P $ 382.26 � 4 yard bin/3 per week $ 364.62 6 yard bin/3 per week $ 535.72 4 yard bin/4 per week $ 480.26 6 yard bin/4 per week $ 713.90 c 4 yard bin 15 per week $ 595.90 6 yard bin 15 per week $ 876.74 m 4 yard bin/6 per week $ 1,036.04 6 yard bin/6 per week $ 1,041.94 Front loader recycling collection Additional Services-commercial s' 1 per week $ 41.50 Bin rollout service $ 6726 m 2 per week $ 83.00 Compactor cleaning $ 133.34 ar 3 per week $ 124.50 Compactor repair/hr $ 66.91 y m 4 per week $ 166.50 Contamination recycling $ 59.00 � 5 per week $ 206.00 Refuse bin cleaning/15 min $ 37.17 v City issued lock and two keys' $ 17.70 ro Standing Roll back charge $ 135.70 ti Extra Pick-ups weekly: � 2 yard bin $ 25.28 a U- 3 yard bin $ 27.50 W 4 yard bin $ 30.11 ° 6 bin c and $ 35 y .68 0 Front loader compactor bins(2 cubic yards) Front loader compactor bins(3-4 cubic Yards) .2 1 per week $ 130.98 1 per week $ 154.58 4 2 per week $ 245.44 2per week $ 287.92 ° 3 per week $ 361.08 3per week $ 423.62 a 4 per week $ 476.72 4 per week $ 553.42 0 5 per week $ 591.18 5 per week $ 692.66 0. 6 per week $ 786.35 6 per week $ 925.12 `O c Open too!compactor roll-off refuse service Open too!compactor roll-off recycling service m 10 yard roll-off 12 ton limit $ 335.12 10 yard roll-off 12 ton limit $ 142.00 ° 20 yard roll-off 15 ton limit $ 335.12 20 yard roll-off 15 ton limit $ 142.00 w 30 yard roll-off 17 ton limit $ 335.12 30 yard roll-off 17 ton limit $ 142.00 v 40 yard roll-off/8 ton limit $ 335.12 40 yard roll-off/8 ton limit $ 142.00 A Per ton charge $ 44.65 Per ton charge $ 18.92 Overweight Penalty/ton $ 12.00 n Overweight Per Ton $ 36.73 c N 2-yard front load green waste bin 3-yard front load green waste bin 1 per week $ 107.38 1 per week $ 114.46 d 2 per week $ 198.24 2 per week $ 215.94 v 3 per week $ 291.46 3 per week $ 316.24 to 4 per week $ 384.68 4 per week $ 416.54 ° m 5 per week $ 476.72 5 per week $ 515.66 � 4-yard front load green waste bin 6-Yard front load green waste bin 1 per week $ 125.08 1 per week $ 143.96 ° E 2 per week $ 232.46 2 per week $ 267.86 s U 3 per week $ 341.02 3per week $ 394.12 z 4 per week $ 450.76 4 per week $ 505.04 Q 5 per week $ 558.14 5 per week $ 641.92 •now subject to change based upon most recent cost of commodity to City � o o pp 3 3 n o 3 3 3 N fps � o ti .O ARV . 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( a � 2/ } � { r } ; / E a = 0 k ¥ ¥ | u \ ( R \ \ , E _ ■ u Packet Pa.216 1 8.A.h 5 �' � � � N WV mmY v8o � mo6d N W N r N N W N b Nm V N A r e w a O bm y r .- X W uUm m Nm `O� mr '„^ NP N ➢ ti N O w c 3 O O 3 88 $ $ 888 $ $ ° 8 8 'ss $ 88 $ $ $ $ $ $ 8 $ 88 $ omB !RpC w88C89WW $ $ 989 °; 0 $ $ 9 $ 8WW 8889 °g c m n o N Nrot;88 ffi 8 ED t3 �. � � .9 $ 888888 8 $ 888888 8 $ $ $ 88 88888 S 0 N U3 t! 08 000 88 8888 °08 $ 8888 8008 $ 0 n m s o C P'F a a 888888 B8 888 $ $ $ k8,' `r' r°. $ % e8ei5 $ � a O E`o Ra � � W « N mNa � mph 88 & sW $ 9WW ss WW � 9 $ 8 $ vc� $ 8 aAm + + � m m 0 M e o e o + + o g o m a $ rr" $ '.°- ++ W m o o c E N E ET C U O O Q r s "�b �ppe �Qps §8sO§ Packet Pg.217 � \ � \ � ` \ i ) it a. \ \ ■ $$ a. a .- 2@ ■ 2@ @3 # » \ El U2 - � 5 = c q \ r". 3 m ® ( 0 ; » . > / E //2 � e 4et Pa.218 RESOLUTION NO. 96-254 I i c m 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN 2 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CAL DISPOSAL o 8 COMPANY INCORPORATED, RELATING TO REFUSE DISPOSAL. o 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY c d OF SAN BERNARDINO AS FOLLOWS: 5 v c 6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed v 7 to execute on behalf of said City an agreement with Cal Disposal Company Incorporated,relating d N 8 to refuse disposal in the City of San Bernardino. 3 9 SECTION 2. The authorization to execute the above referenced agreemeny is rescinded ° o 10 N if the parties to the agreement fail to execute it within sixty (60) days of the passage of this 6 Of 11 a resolution. 12 O 19 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and `c 14 Common Council of the City of San Bernardino at a regular meeting thereof,held on the a 15 Sth day of August 1996, by the following vote, to wit: o a 16 Council Members AYES NAYS ABSTAIN ABSENT m c 17 NEGRETE X . _ ° y 10 X p 1 CURLIN 19 ARIAS X 20 ' N 21 OBERHELMAN x — — — 4 22 DEVLIN % 23 ANDERSON x X MILLER 25 0 IL 26 c 27 July 16, 1996 1 u 28 Paclsel,Pg:2'f9° ' RES 96-254 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CAL DISPOSAL 1 COMPANY INCORPORATED, RELATING TO REFUSE DISPOSAL. 0 2 y o 3 ¢ City Clerk d s 5 - v 6 p N 7 The foregoing resolution is hereby approved thi 0 4day of d August 1995. N ,d. 9 TOM MINOk Mayor a 10 City of San Bernardino y Approved as to form and 6 11 legal content: LL LL K 12 James F. Penman, C 0 13 City Attorney `o u 14 By: v Sr�tt.• o....c�r � 15 0 IL 16 R 17 0 18 N 19 �o 20 0 21 v 22 a m - 23 a d N 2¢ t U C 25 LL 26 C 27 E July 16, 19% 2 28 a PacketPg.22Q M ft.ssa254 - a a N O C O .0 d . AGREEMENT a N d U 62tween d N a N a 'O THE CITY OF SAN BERNARDINO N ui IL LL and o Ia CAL DISPOSAL COMPANY 4 a n c LL v FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE AND FOR PROVIDING c TEMPORARY BIN/ROLLOFF SERVICES .0 i u O c� 0 N C d E a � L U C d LL a U C a E L U a Q P�cketPg.221 ' BES'96-254 96 254 a.a. i N 0 TABLE OF CONTENTS m ° PAGE ° c v Recitals o: v 1. Grant of Commercial, Residential &Industrial 1 N ° 2. Defmitions 1 ° N A. AB 939 I d B. Bins 1 C. Compostable Materials 1 3 D. Future Annexed Areas 1 °— E. Grantee 1 f°n F. Recyclable Materials 1 G. Recycling Program 2 a H. Solid Waste 2 LL rr I. Temporary Bins 2 c o C 3. Franchise Area; Grandfathered Accounts 2 °- U 4. Services Provided by Grantee 3 ° A. General 3 ° N B. Commercial, Industrial and Multi-Family Residential 3 0 (1) Multi-Family Weekly Service 3 0_ a (2) Commercial and Industrial Weekly Service 3 c (3) Single Family Residential 3 c C. Temporary Bin/Rolloff Services 3 2 D. Commercial, Industrial, and Residential Recycling Programs 4 (1) Single Family Residential Recycling Programs 4 0 (2)Commercial and Industrial Recycling Programs 4 M (3)Temporary Bin/Rolloff Recycling Programs 4 N 5. Disposal of Solid Waste 4 c m 6. Recycling 4-5 E v v 7. Franchise Fees 5 O1 ° 8. Term; Extensions_ 5 r U C 9. Compensation 5 a A. Residential Rates 5 B. Commercial and Industrial Rates 5 v C. Temporary Bin Rates 6 m D. Notice of Rate Changes 6 E E. Notice of City; Recycling Fees 6 0 A Q Packet Pg.222 nS'96-254 96 254 TAME OF CONTENTS 0 N (COnYIIIIIO[I) O C PAGE O C d 10. Franchise Transferrable; City Consent Required 6 D 11. Franchise Transfer; Fees 6 N d 12. Privacy 6 Z d 13. Reports 7 m m d 14. Liability Insurance Coverage 8 v 15. Workers' Compensation Insurance 8 N 'I d 16. Hold Harmless 8 IL LL 17. Collection and Equipment 8.9 c 0 c 18. Public Access to Grantee 9 O- A. Office Hours 9 B. Service Complaints 9 d C. Government Liaison Person - 9 a N N O 19. Household Hazardous Waste 9 0- a C 20. General Provisions 10 c 0 N A. Amendments 10 B. Attorney's Fees 10 m C. Compliance with Applicable Law 10 ° D. Compliance with Franchise Agreement 10 n E. Counterparts 10 N F. Entire Agreement 10 G. Exhibit Incorporated 10 d H. Force Majeure 10.11 d I. Gratuities 11 m J. Independent Contractor 11 a R. Law to Govern; Venue 11 m L. Notices 11 s M. Right to Audit 11 c N. Validity 12 O. Breach of Contract --- 12 U c d E r U d Q __ Packet:Pg.223�". r— x> s 9e924 '254 ''. AGREEMENT _ o between N 0 C THE CITY OF SAN BERNARDINO c m and v CAL DISPOSAL COMPANY A FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF v SOLID WASTE AND FOR PROVIDING TEMPORARY BIN/ROLLOFF SERVICES `w This Franchise Agreement(the "Franchise Agreement") is entered into this _day of_ d w m . 1996(the "Effective Date")by and between the City of San Bernardino (the "City")and 3: D CAL DISPOSAL COMPANY(the"Grantee"), for the collection, transportation, and disposal of N 6 solid waste and construction debris and for providing temporary bin/rolloff services. W a. LL RECITALS WHEREAS, the Legislature of the State of California, by enactment of the California c Integrated Waste Management Act of 1989 ("AB 939"), bas declared that it is within the public 9 interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and d s N WHEREAS,pursuant to California Public Resources Code Section 40059 (a)(2), the City o of San Bernardino ("City")has determined that the public health,safety, and well-being required o_ that a franchise be awarded to a qualified enterprise for the collection,transportation,and disposal of solid waste and construction debris and for providing temporary bin/rolloff services in c residential, commercial, construction, and industrial areas in the City of San Bernardino; and m N J WHEREAS,the Common Council of the City of San Bernardino declares its intention to y maintain reasonable rates for the collection, transportation, and disposal of solid waste and o construction debris and for providing temporary bin/rolloff services within Franchised areas; o M O NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: c a P m UU C c E U U Q Packet Pg.224 RES A 254254 _ . ._.. AGREE MF24T o 1. Grant of Ce®ercial. Residential and Industrial. and Temporary Bin Franchise. I This Franchise Agreement grants a franchise as provided herein and pursuant to Chapter 8.24 of c the San Bernardino Municipal Code Relating to Garbage and Rubbish (hereinafter, "Chapter 8.24") and California Public Resources Code Section 40059(a)(2)to Grantee, for the collection and transportation of m recyclable and compostable materials, and for the collection, transportation, and disposal of solid waste and construction debris and for providing temporary bin/rolloff services in commercial, residential, and .o industrial areas within the City of San Bernardino. Notwithstanding the refuse collection services provided m by the City, so long as this Franchise Agreement remains in effect Grantee shall have the right and m privilege to collect commercial, residential and industrial refuse in the Franchise Area. v 2. Dermitions. °i y Whenever any term used in this Franchise Agreement has been defined by Chapter 8.24 of the San Bernardino Municipal Code or Division 30,Part 1,Chapter 2 of the California Public Resources Code,the m definitions in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined �+ in this Agreement. v_ .o rn A. AB 939- - d "AB 939"shall mean the California Integrated Waste Management Act of 1989,as X it maybe amended from time to time. c B. Bins. 0 "Bins"shall mean those containers provided by Grantee for commercial,industrial, o residential,and multi-family residential uses. Bins are of two types:Bins which are picked Q up by refuse trucks by means of front loading apparatus; and Rolloff Bins which are m picked up by trucks using rear loading winches onto rails. B N N O C. Compostable Materials. o- "Compostable Materials" mean any organic materials which have been segregated e from other solid waste materials for the purpose of composting. Compostable Materials shall include but not be limited to vegetable, yard, wood, and paper wastes. y m D. Future Annexed Areas. o w "Future Annexed Areas" mean any unincorporated areas which are located within o the City of San Bernardino sphere of influence, or which may be annexed into the m corporate boundaries of the City. o N E. Grantee. c "Grantee" shall mean CAL DISPOSAL COMPANY, the entity granted the E i Franchise pursuant to this Franchise Agreement. a i m iF. Rec clable Materials. v "Recyclable Materials"means any materials which have been segregated from other t ! solid waste materials for the purpose of recycling or reuse. Recyclable materials shall c include but not be limited to newspapers, corrugated mixed paper, high grade paper, glass i containers, yard waste, food waste, plastic containers, other plastics, other glass, metals, waste tires, and wood. U c m E - r 1 U m Q Packet Pg.225 '" RE5 96-254 - 8.A.i i y.6 254 G. Recycling Program. o Recycling Program"means the collection,removal and transportation of recyclable to materials and/or compostable materials to either a processing facility, composting facility c or end market where said materials will be sorted, cleaned, treated, composted or o reconstituted. — c v H. Solid Waste. "Solid Waste"means all putrescible and nonputrescible solid and semisolid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and m construction wastes, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid Waste" does not include hazardous waste as defined by the State of California, or low-level radioactive waste. "Solid Waste"does not N include medical waste which has not been treated for disposal at a solid waste facility. m N I. Temporary Bins. 3 'Temporary Bins' shall mean all bins which are placed by Grantee upon user's request at a location within the City limits for a period not to exceed ninety (90) or one Co hundred eighty(180)days,as provided in Section 4.0 of this Agreement. Said period must r be separated by a minimum lapse of thirty (30)days prior to renewal of'Temporary Bin' a status for any service rendered by Grantee at said location. c 3. Franchise Area: Gaandfathered Accounts. o c The Franchise Area granted by this Franchise Agreement shall be all residential, commercial, and industrial accounts within the City of San Bernardino; provided however, that such Franchise Area shall be limited to those regular accounts "grandfathered" by the City which m were acquired by Grantee prior to January 1, 1995, and as are set forth on Exhibit "A". m Temporary accounts shall not be limited to the grandfathered accounts and may be acquired by o Grantee from time to time. Grantee's accounts in geographical areas not currently within the Q. a City of San Bernardino but which are annexed by the City after the effective date shall become m part of the Franchise Area on the first day following the month such annexation is completed by o the City. Within thirty (30) days after a written request therefore by the City, Grantee shall y provide City with a written list of customer names and service addresses for all current accounts in subsequently annexed areas which list shall be incorporated into this Agreement as part of U Exhibit "A". City shall not intentionally solicit Grantee's account within the Franchise Area or Future Annexed Areas, however such accounts may discontinue Grantee service and contract for M City service at their option. Such accounts may not contract with any other service provider. In $ the event that a customer elects to contract with the City for the services contemplated herein, and Grantee's services are discontinued for a period in excess of one(1)year, said account may not a return to Grantee. In the event a customer of Grantee listed on Exhibit "A" moves to a location v where the City provides the services which are the subject matter of this Franchise Agreement, m the Grantee will no longer be permitted to provide such service to said customer. However, C Grantee shall be permitted to continue to provide service to any new customer opening and/or U assuming the account for the original location, unless the location is vacant for a period of one (1) year or more, in which case the right of Grantee to provide such service is terminated. LL 10 U C a E z Z U N Q Packet Pg.226 US 96W -254 4. Services Provided by Grantee .I N A. General. Grantee shall make available to all customers requesting the collection and c transportation of recyclable materials and compostable materials, and shall provide the 2 collection, transportation, and disposal of solid waste and construction debris and d temporary bin/rolloff services within the Franchise Area in accordance with the terms of this Franchise Agreement. -o c m B. Commercial, Industrial and Multi-Family Residential. m U (1) Multi-Family weekly Service. m Not less often than once per week, and more frequently if required to d handle the waste stream of the premises where the bins are located, Grantee shall collect the solid waste (including bulky items which have been placed in a closed 3 bin) for multi-family accounts. Z 0 N (2) Commercial and Industrial Weekly Services, rr Not less often than once per week, and more frequently if required to a handle the waste stream of the premises where the bins are located, Grantee shall collect the solid waste, (including bulky items which have been placed in a closed c bin) for commercial and industrial accounts. o c 0 (3) Single Family Residential. Not less often than once per week, and more frequently if required to 0 handle the waste stream of the premises Grantee shall collect the solid waste(except B bulky items and household hazardous waste) which have been placed, kept, or o accumulated in containers at single family detached residences within the Franchise a. Area and placed at curbside prior to Grantee's normal weekly collection time. All a solid waste compostables, and recyclable must be placed within containers curbside without obstructions so as to permit collection, unless otherwise agreed upon by 0 City and Grantee. Grantee may negotiate special pickup procedures, above and 3 beyond the normal services described above, with customers for an additional fee m in an amount not to exceed ten percent (10%)of the City's then existing rates for such services. M O C. Temporary Bin/Rolloff Services Grantee shall provide temporary bin/rolloff services for a period not to m exceed ninety (90) days. For construction and demolition projects Grantee may E provide temporary bin/rolloff services for a period not to exceed one hundred w ' v eighty(180)days, provided however,that Grantee will notify City of such project type and an estimate of the length of time services will be provided to Grantee's m customer. Such reporting shall be made with and in accordance with section 13 A below. - . . c m In regards to the time restrictions herein, Grantee may request, and City may extend,the period of time for temporary bin/rolloff services on a case•by-case u basis, upon written notification thereof. c v E 3 U Packet Pg. 227 RES Jie54 25 4 `J V B.A.i j D. Commercial. Industrial and Residential Recycling Programs a The Grantee shall develop and present to the Director of Public Services a recycling program to provide services to the commercial,industrial,and residential customers within o Grantee's Franchise Area. c 0 (1) Single Family Residential Recycling Programs, w Grantee agrees to offer to all single family residential customers the same recyclable materials and compostable materials that are collected or will be collected by the City of San Bernardino's residential recycling program. Method of collection, including type of vehicles and containers, frequency of collection and methods of processing shall be at the discretion of the Grantee. U m (2) Commercial and Industrial Recycling Programs m Grantee agrees to offer a recycling program to all commercial and industrial m customers served by Grantee within Grantee's Franchise Area. 3 (3) Temrarary Bin/Rolloff Recycling Programs y Grantee agrees to offer a recycling program to all temporary bin/rolloff service customers and accounts. a LL n: C s. - Disposal of Solid Waste, o c Grantee shall dispose of solid waste at a permitted landfill, transfer station, recycling °- facility, materials recovery facility, or other disposal, composting, or recycling facility which is Q lawfully authorized to accept such solid waste,compostable materials or recyclable materials. City d shall reserve the right to direct Grantee to the use of certain disposal, recycling or composting w facilities within the County of San Bernardino;provided however that Grantee shall not bear costs o greater than ten percent (10%) of its then existing disposal related fees as a result of City's v direction. Grantee shall reserve the right to transport such solid waste,compostable materials or C recyclable materials to disposal, recycling and composting facilities owned,operated and controlled o by Grantee. .N N b. Re N_ A. Grantee shall ensure that recycling programs are made available for all of its o customers served by this Franchise Agreement. Said recycling programs shall be subject M to the approval of the City's Public Services Director. However, said approval shall not be unreasonably withheld, nor shall the City or its Public Services Director impose conditions upon Grantee which are greater than those included in any applicable recycling d program adopted by the City, or more onerous than those diversion goals required by v AB939, or any applicable subsequent state or federal legislation. a m B. Where Grantee's customers request recycling services of Grantee, recyclable N materials shall be collected at a minimum of twice per month. z U C C. Grantee shall, at intervals of no greater than annually provide educational and a informational literature to its customers describing the recycling services to be provided, m the materials to be recycled, instructions on how to participate and provide the Grantee's phone number. c d � I E a s a Packet Pg.228 i 75 ICES 96§v 4 n4 Q D. Grantee shall provide copies of all educational and informational materials required o under this section to the City for approval prior to distribution of material to Grantee's .0 customers. `o C 7. Franchise Fees. c O m A. Beginning on the first day of the month following the Effective Date of this Franchise Agreement and continuing for a period of two years ("Initial Fee Term"), a Ti Franchise Fee of ten percent(10%)of the Grantee's Gross Revenues collected from services m provided to residential, commercial, and industrial in the Franchise Area shall be payable by Grantee to City within twenty (20)days after the close of each month. o B. After expiration of the Initial Fee Term and continuing thereafter throughout the d term of this Franchise Agreement,a Franchise Fee of eleven percent(11%)of the Grantee's Gross Revenues collected from services provided to residential,commercial, and industrial, in the Franchise Area shall be payable by Grantee to City within twenty (20) days after :o the close of each month. voi 6 a C. Any of the Franchise Fees not paid to the City within thirty (30) days after the close of each month shall become delinquent and shall thereafter accrue interest at ten o percent (10%)per annum,but shall not exceed the legal rate. The City shall cause written C notice of such delinquency to be mailed or delivered to Grantee. Any Franchise Fees 2 which are delinquent for more than thirty (30) days after the date of said notice may 4 constitute a material breach of this Franchise Agreement pursuant to Subsection O of m Section 20 hereof if the City so elects. y N O 8. Term, Extensions. n. This Franchise Agreement shall continue for a period of eight(8)years from the Effective Date. At the end of each year of this Franchise Agreement commencing on the Effective Date, c and annually thereafter, the term of this Agreement shall be extended for an additional one year, w unless within(30) days prior thereto either the City or the Grantee gives written notice of non- renewal to the other party. In the event such a notice of non-renewal is given at any such U anniversary date,there shall be eight(8)years remaining on the term of this Agreement and such eight (8)year period may not be reduced for any reason except termination for default. 0 N 9. Compensation. A. Residential Rates. a v Grantee shall provide the services described in this Franchise Agreement to E residential consumers at a rate of no less than the minimum rates fixed by the City from m time to time and at a rate no greater than the minimum rates fixed by the City from time to time plus the Franchise Fee. a r B. Commercial and Industrial Rates. c Grantee shall provide the services described in this Franchise Agreement to i commercial and industrial consumers at a rate of no less than the minimum rates fixed by the City from time to time. There shall be no prohibition on the maximum rate charged u by Grantee to commercial consumers. E r 5 0 m Packet Pg.229 RES 96-254 96 . . 25.4 C. Temporary Bin Rates. m Grantee shall provide the services described in this Franchise Agreement to ° temporary bin consumers at a rate of no less than the minimum rates fixed by the City rn ifrom time to time. There shall be no prohibition on the maximum rate charged by Grantee to temporary bin consumers. °- c a D. Notice of Rate Chanees. The City shall notify Grantee of all rate changes in residential and commercial rates E3 charged to its consumers within twenty (20) days of such change. N d E. Notice to City, Rew U cling Fees. ' Nothing in this Franchise Agreement shall preclude Grantee from assessing N reasonable fees for providing recycling services to its commercial,industrial and residential customers, to be effective after thirty (30) days written notice to the City. 3 10. Franchise transferrable; City Consent Required, a Grantee shall not transfer,sell or assign the franchise granted by this Franchise Agreement except with the express prior written consent of the City, which shall not unreasonably be withheld. For the purposes of this Franchise Agreement a transfer shall include the sale of over a fifty percent (50%)of the stock of the corporation, or a number of sales that over time and in the aggregate exceed fifty percent (50%),provided however that a sale or transfer to family members, ° or the estate, of the current owners of Grantee shall not be restricted by this Franchise c Agreement. Family members are those individuals who are related by blood, marriage or 2 adoption. ° 11. Franchise Transfer -Fees a N Any application for a franchise transfer shall be made in a manner determined by the City. o The applicant shall reimburse the City for all administrative costs of such application and transfer. a Bills for such transfer fee shall be supported with evidence of the expense or cost incurred. The applicant shall pay such bills within thirty (30) days of receipt. e 0 N 12. privacy. N_ A. Grantee shall strictly observe and protect the rights of privacy of customers. Information identifying individual customers or the composition or contents of a M customer's waste stream shall not be revealed to any person, governmental unit, private N agency,or company,unless upon the authority of a court of law,by statute,or upon valid authorization of the customer. This provision shall not be construed to preclude Grantee d from preparing, participating in, or assisting in the preparation of waste characterization E studies or waste stream analyses which may be required by AB 939- d rn B. Grantee shall not market or distribute, outside the normal course of its business, a mailing lists with the names and addresses of customers. M ° c C. The rights accorded customers pursuant to this Section shall be in addition to any LL other privacy right accorded customers pursuant to Federal or State Law. U c v E z 6 m Q Packet Pg. 230 RES 96-2�4 96 254 13. Reports. R A. Within twenty (20) days after the end of each of Grantee's calendar months, Grantee shall submit a written report to the City's Director of Public Services, in a format o provided by the Director, including the following information: o 1. Gross revenues collected by Grantee for services provided in the Franchise v Area; m 0 2. Franchise Fees payable to City; N U U 3. Total tonnage of solid waste collected in Franchise Area; '> `m u! 4. Total number of commercial, residential and industrial accounts in the W Franchisee Area; and A 3 S. Total tonnage of solid waste recycled identified by residential, commercial, v and industrial materials collected; Con d 6. Tonnage delivered by Grantee to each permitted landfill, transfer station, as recycling facility, materials recovery facility, end market or other disposal, composting or recycling facility; o c 7. A list of Grantee's collection truck numbers which operated within the City,the route each collection truck was assigned to each day during the month, and a map of each route identifying the specific geographical areas served by that m route. a y N O B. Within three (3) City working days after the placement of a Temporary Bin by v Grantee, Grantee will notify City's designated contact position as to the data size and location of such temporary bin. o .N C. An annual report, in a form satisfactory to the City, on the Grantee's progress in meeting and maintaining its ability to meet its goals under AB 939, along with any w recommended changes. o n D. Grantee's tonnage report as required by this Franchise Agreement should be substantially consistent with the tonnage attributed to Grantee as reported by the County of San Bernardino and/or any other county. In the event of a five percent (5%)or more m discrepancy in the amount of tonnage attributed to Grantee in the respective reports E generated by Grantee and any county, the City shall cause written notice of such 2 j discrepancy to be mailed or delivered to Grantee and Grantee shall be given an Q i opportunity to resolve the discrepancy and/or submit to the county a copy of the tonnage y report filed by Grantee with the City. Failure of the Grantee to do so within thirty(30) days of the date of said notice may constitute a material breach of this Franchise Agreement pursuant to Subsection O of Section 20 hereof if the City so elects. LL A v c E E r 7 U Q Packet Pg. 231 RES y6-254 i 96 254 14. Liability Insurance Coverage m Grantee agrees to procure and maintain in force during the term of this Agreement and to any extension thereof,at its expense,public liability insurance adequate to protect against liability o for damage claims through public use of or arising out of accidents occurring from said services, c in a minimum amount of $5,000,000 combined single limits for bodily injury and property °— damage. Such insurance policies shall provide coverage for City's contingent liability on such d claims or losses. City, its officers, agents and employees shall be named as an additional insured. A certificate of insurance shall be delivered to City's Risk Management Division. Grantee agrees a to obtain a written obligation from the insurers to notify City in writing at least thirty(30)days m prior to cancellation or refusal to renew any such policies. 15. Workers' Compensation Insurance. N Grantee shall obtain and maintain in full force and effect throughout the entire term of d this Franchise Agreement full workers'compensation insurance in accord with theprovisions and m requirements of the Labor Code of the State of California. Endorsements that implement the required coverage shall be filed and maintained with the City throughout the term of this v Franchise Agreement. The policy providing coverage shall be amended to provide that the rn insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after 6 thirty (30) days prior written notice has been given to City. The policy shall also be amended to a waive all rights of subrogation against the City, its elected or appointed officials, employees, agents, or Grantees for losses which arise from work performed by the named insured for the o City. C 2 16. Hold Harmless. Q Grantee agrees to defend, indemnify,save and hold City,its officers,agents and employees 2 harmless from any liability for any claims, or suits at law or in equity, or in any administrative 2 proceeding, that may be brought by third persons on account of personal injury,death,or damage o to property, or a property of business or personal interest, or for fines,forfeiture or civil penalties arising from any act or omission by Grantee its officers, agents or employees while performing operations under this Agreement; provided however, City shall provide Grantee with notice as o herein set forth and shall provide Grantee with the opportunity to defend Grantee from any such liability. The City shall notify Grantee, in writing, within fifteen days of City's knowledge, or when City should have known,of such claims, accusations, or suits at law or in equity, or in any administrative proceeding. w D 17. Collection and Equipment. M 0 A. Grantee shall provide an adequate number of vehicles and equipment for collection, transportation, recycling, and disposal of solid waste for which it is responsible under this d Franchise Agreement. E E v 1. All vehicles used by Grantee under this Franchise Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall y be kept clean and in good repair. s o c 2. Solid waste collection vehicles shall be washed at least once every seven(7) 2 calendar days. 5 U c m E ' S g A Q I 17Packet Pg. 232 IBS 96-254 y6 Z54 3. "CAL Disposal",a local or toll free telephone number, and vehicle number o shall be visibly displayed on all vehicles in letters and figures no less than five rn inches (5") high to provide customers with access to Grantee to alert Grantee of `o problems or concerns with customers waste collection service. o c 18. Public Access to Grantee. °' m o! A. Office Hours- Grantee's office hours shall be, at a minimum, from 8:00 a.m. to 5:00 p.m. daily, N on all collection days. A representative of Grantee shall be available during office hours for communication with the public at Grantee's principal office. In the event that normal business cannot be rectified over the telephone, a representative of Grantee shall agree to N meet with the public at a location agreeable to Grantee and the public during normal 2 office hours. The office telephone number(s) shall either be a local or toll free call. 3 Grantee shall also maintain a local or toll free after hours telephone number for use during e other than normal business hours. Grantee shall have a representative or answering o system or advice available at said after-hours telephone number during all hours other 'n than normal office hours. 6 a B. Service Complaints. 0 0 1. All customer complaints shall be directed to Grantee. Grantee shall record c all complaints received by mail,by telephone,or in person (including date,name, 2 address of complainant, and nature of complaint). Grantee agrees to use its best ¢ efforts to resolve all complaints by close of business of the next business day s following the date on which such complaint is received. Service complaints may '2 be investigated by the City. Unless a settlement satisfactory to complainant, the 0 Grantee,and the City is reached,the complainant may refer the matter to the City v for review, `m c 0 2. Grantee shall maintain records listing the date of consumer complaints,the customer, describing the nature of the complaint or request, and when and what action was taken by the Grantee to resolve the complaint. All such records shall H 0 be maintained and shall be available for inspection by the City. m c� 0 N C. Government Liaison Person. .J The Grantee shall designate a"government liaison person"who shall be responsible m for working with a City chosen designee to resolve consumer complaints. The cost of m designating a government liaison person by the Grantee shall be home by the Grantee. 19. Household Hazardous Waste udi Grantee agrees to notify its customers within the franchise Area, of City's Household v Hazardous Waste programs as identified in the City's Household Hazardous Waste Element m prepared by the City as required by AB 939, and other City or County sponsored programs as LL may be offered from time to time. c d E L I 9 0 Q Packet Pg. 233 y 6. 2-5 4 GENERAL PROVISIONS. m 0 n 20. A. Amendments. o This Franchise Agreement may be amended or modified only by written agreement e signed by both parties. Failure on the part of either party to enforce any provision of this 2 Franchise Agreement shall not be construed as a continuous waiver of the right to compel w enforcement of such provision or provisions, nor shall such waiver be construed as a release of any surety from its obligations under this Franchise Agreement. B. Attorney's Fees, v U Should any party violate or breach any term or condition of this Agreement, any other party shall have, without limitation, the right to move for entry of judgment by a n court of competent jurisdiction, to seek specific performance thereof, and otherwise m exercise all remedies available to he, she or it under the law to obtain redress from injury m or damage resulting from any such violation or breach. In any such legal proceeding(s) brought to enforce the terms and conditions of this Agreement,the prevailing party shall o be entitled to recover its reasonable attorneys' fees and costs incurred as a consequence En hereof. Reasonable attorneys fees shall include those of the City Attorney's office. a C. Compliance with Applicable Law. The Parties agree that they will comply with all applicable federal,state,county or o municipal statute, ordinances, rules, regulations and enactments which are currently in c effect or which may be adopted hereafter. °- i Q D. Compliance with Franchise Agreement. m Grantee shall comply with ordinances, resolutions or regulations enacted by the 2 City of San Bernardino which are applicable and with any and all amendments to such o applicable provisions during the term of this Franchise Agreement, a. c E. Counter trt c 0 This document may be executed in one or more separate counterparts, each of which, when so executed, shall be deemed to be an original. Such counterparts shall, together, constitute and shall be one and the same instrument. 0 F. Entire AgroemmL W n There are no understandings or agreements except as herein expressly stated. Any modifications must be in writing. c v G. Exhibit Incorporated. E Exhibit "A" is attached to and incorporated into this Franchise Agreement by m reference. Q d N H. Force Majeure. Grantee shall not he in default under this Franchise Agreement in the event that a the temporary bin/rolloff services and the collection,transportation, and disposal of solid U. waste provided by the Grantee are temporarily interrupted or discontinued for any of the v following reasons: riots,wars,sabotage,civil disturbances,insurrection,explosion,natural disasters such as floods,earthquakes, landslides, and fires, and other labor disturbances or d E r 1 � to ° m Q Packet Pg.234 RES 96-254 r -- 96 254 j other catastrophic events which are beyond the reasonable control of Grantee. Other catastrophic events do not include the financial inability of the Grantee to perform or m failure of the Grantee to obtain any necessary permits or licenses from other governmental o agencies or the right to use the facilities of any public utility where such failure is due o solely to the acts or omissions of Grantee. .2 m d I. Gratuities. of Grantee shall not,nor shall it permit any agent,employee, or subgrantee employed by it,to request, solicit,demand, or accept, either directly or indirectly, any gratuity for y the collection, transportation, and disposal of solid waste otherwise required under this Franchise Agreement. '> m J. Independent Contractor. 4! Grantee is an independent contractor and not an officer, agent, servant, or 3 employee of City. Grantee is solely responsible for the acts and omissions of its officers, agents, employees, Grantees, and subgrantees, if any. Nothing in this Franchise Agreement shall be construed as creating a partnership or joint venture between City and Cnn Grantee. Neither Grantee nor its officers, employees, agents, or subgrantees shall obtain any rights to retirement or other benefits which accrue to City employees. a U- K. law to Govern Venue. c j The Law of the State of California shall govern this Franchise Agreement. In the o event of litigation between the parties, venue in state trial courts shall lie exclusively in .0 the County of San Bernardino. In the event of litigation in a U.S. District Court, Q exclusive venue shall lie in the Central District of California. d s L Notices, c All notices herein required shall be in writing and delivered in person or sent by a certified mail, postage prepaid, addressed as follows: c "City" '0 w City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 m "Grantee" N Cal Disposal Company 26009 East 6th Street w San Bernardino, CA 92410 d d Nothing in this paragraph shall be construed to prevent the giving of notice by 4 personal service. w z M. Right to Audit Upon fifteen(15)days notice,the City shall have the right to audit the records of u Grantee relevant to this Franchise Agreement The audit shall be performed on Grantee's tM premises, during normal business hours, and at the City's expense. ' d E z 11 � a Packet Pg.235 RES 36-254 ' N. Validity. If any terms, condition, provision, or covenant of this Franchise Agreement shall 1 to any extent be judged invalid,unenforceable,void,or voidable for any reason whatsoever o by a court of competent jurisdiction, each and all remaining terms, conditions, promises c and covenants of this Franchise Agreement shall be affected and shall be valid and 2 enforceable to the fullest extent permitted by law. cm O. Breacb of Contract v In the event either party to this Franchise Agreement elects to declare a material breach thereof by the other party, written notice of the purported breach shall be mailed or personally delivered by the party declaring the breach to the other party. Said party > shall have thirty (30) calendar days from receipt of notice, including the date of receipt, N in which to cure, remedy, or commence to cure or remedy the breach to the reasonable v satisfaction of the other party. If the purported breach is not cured or remedied within said thirty(30)day period to the reasonable satisfaction of the party declaring the breach, or if the breach is such that it cannot be cured or remedied within such period,then if the :o party has not taken substantial steps to commence to cure or remedy the breach, to the r° reasonable satisfaction of the other party,then the injured party may seek redress pursuant 6 to Subsection B of Section 20 of this Franchise Agreement. n. LL O C U U w 0 a m c N 7 'o M � 0 C d U � d U 1 C a{ c d E s 12 .o�. I� Q I REs -e 25.4 WITNESS the execution of this Agreement of the day and year written above. w 0 c CITY OF SAN BERNARDIIHO c m I � TOM MINOR u Mayor a N ATTEST: d N . R 3 o RA HEL CLARE. City Clerk LL It LL C O C APPROVED AS TO FORM o AND LEGAL CONTENT: d a ' m v — / o , l/ r� Sffarl..� la��taJ , James F. PktWan, a v City Attorney c 0 N J By: N e M GRANTEE C CAL DIS65SAL COMPANY v m I � U A i LL A U C N E 13 0 Packet PR.237 " d 8.A.i FmrtcNise List 10:34 A .I page i of 03/2912001 ' I � I ! jReP'Rlctlor', COrlpry I S9e919i PPNP1 StreetNmN IGmndNMSrI Nalea [_ CAM N66R b2N4J ST GmMIa'.Mr IRIGRDD MARTIN @O CALS NB15:. :92ND ST :GMPdta1N01 :TOMRSEEE GALS Nees: JR ST IGrerdla9,p ITEORGE ROPER N GALS 'N873P :02ND ST ;GIanWNNer IRAFAELRUIZ 0 GALE IN72800 d02N0 ST iGmndl9tner ;VRLVAM SNNAULT C CAM wa. E -:03RD W iGruxMathar 'CHURCH OF THE NAZARENE 0 C'US 1 1091 E ;03RD ST iGmgMtner iMNO HOVSE c CAM 1¢061 E iO3RDST iGmdla IMBMMARKET O 1571 E 103RD ST :Gtm@a gMPACT WBtDOW TINT y CALS : 2220 E =03RD iGIaPOMIA, 1BASSILSAUTOMOTNEREPAIR GALS N890: 103RD ST IGImbe (CHURCH OF THE NAZARENE 0 CALS N829. 103RD ST ;GrNWaIMr IMMDHOVSEPIAN PCI _ m CALS N92T; '.03RD ST ;OmmeNer i9UB'S BODY SHOP N CALS Ydfi]' .05THST !OmedM IS1LANOSTAR MERCEUE5 U CALS 1 301. W109THST l GrmAlw IWATERMANCIRCLECTR CALS 2194! a t THST !Grmdra0w ;RICEARD TOMETICH CALS 21M E :19TH ST IGmMaBw iUNGED PROPERTY_ 81NV�6TMENT N CALS ! SUM E 19114ST 107171371E UU UU CAM 21601 E 149THST IGmdraF+m FREDERICKBEA51.EYPCI .0+ CALS 1 21941 E '19THST "GlandfaP.m UNREO PROPERTY&INVESTMEN IA _-- ITS CALS 21951 E 10TH 5T +Gmldhtlar RiU VU CALS 753' E 171THST :Glmdhemr :BOTtLE SHOP 11000R CALS 796: E i71THST OtNMa61x CIRC WRKETE _ — CALS 1071: E :ARDENT :GmnM er '�.ARCNHILLS KET O CALS iiTt: iARDEN GmndfaNer lAROEN HILLS JTH DAY ADV.CNIM N CALS IA =T PALMAVE !Gm9'Sa9Nr (HIGHLAND CONGRESSIONAL CHUB CALS td] E 1BASELINE IGraO@amer 1BUY.Rrm GAS _ CALS 230' E BASELINE IGmMlaOmr 1SASEUNE IAARK LL Q. CAL6 921; E :SASELINE 10rmd6t9Rr !DE VNRCE'S SHOP a. CALS 862; E (BASELINE Grm6ta1er 1KELLEY FURNITURE C CALS I 9901 E !BASELINE iGewfemer I6B APPLIANCE CENTER. _. O CALS 1117' E !BASELINE mildfn9ler W YNE'6 APPLIANCE D CALS 1226 E 'BASELINE iGrmdlMer IWAYNE'S HEAD SALES 6 SERVICE O CALS 1 1290: E !BASELINE !GrmM4NOr IRAYSRENTAL U CALS 1 1221: E !BASELINE__ '.GmdMNa IHOVSE OF PLYWOOD Q CALS j IM IS BASELINE — OmOdfaber ti DAUTOCENTFR ., N CALS 1 1743, E !BASELINE ,GranOfaPer ,UNIVERSAL AlR06flOY _ d CALS ISASEUNE/CEOAR Gm Mer :LEIGHTONJAYASEKERA 'y CALS 2205 lBE55ANT IGmndfaNer 1131ENMG01 RA010 . .._. _ O CALS 1909' :BUSINESS CENTER OR IGrmdblher COMFORT INN a CALS lam CABLE CANYON ;O.dl ft, MEELLEY SAOTN - - CAM 176/4 GABLE CANYON :GraedmOmr IfiAGLE lANO LOMPPl1Y_! C CALS 2317' CABRERA ,GrandblMr !6MAUTOMOTNEPq CAM 2307 CAERE" IGwItum. ;JORGE DOMINGUEZ . .. . CO CALS 210b' ;CAJON_..__..'" iGrmdN r WALTER PARKER .... _. CALS 1245! CANYON MY iGemovia mr DUANE MAHLE— _ ..... . .M CALS 1422' ;CANYON RD Grmd r UPEDROF'LORES — r.- CALS 7125 .CANYON RD O,*d wr .ELLAOOLSTONm --- - - U M CALS 1223. :CEDAR 'Grind r TOU S S JAYASEIrEM GALS 1235: CEDAR GmIAlaTbr ;TOM SONS CALS 1237 3071 5715 CALS 1229: .CEDAR IGmedlF TOM 5033 _.._...__._.. p CAM 1241 :CEDAR QlwdUIe WILUAMMCYEY N GALS ;]261.1229 :CEDAR _ G1mNaUxY THONA551M5 — CALS Ja7_'..��OLGE _ —�Iwmacp—gif€NAN ELEGfiFIGAL CAM ':115 'DST Gmmlam.f OTTER REARING AIOSR CE _ N CALS 2961 E DATE - _ - GwKlft r CHRISTLAN HnH SGHOG OF SB E CAM 22S N DEL ROSA GmrMle6Nr HOLLYWOOD EAST-- -- - U CALS 2729 N GEL ROSA Gm ovrr NCTORKGUERNSEVSTOREn GALS 3160 N DEL RpSR -- ,Gmrdle MK CNDI _ Q CALS 20.51 N DUMBARTON Om1NItl ROCITYOFSB GALS 2141 N DUMBARTON _ NaAdm v FRAZEE SHELTER CALS 2159 N DUMBARTON GmM1e91ei EOUITY MANAGEMENF BERVICE9 L ._.—.___. ..... _. . U GLLS 3176 N DUSfEARTON _ .GraMlMer C CALS 217&G DUMB_AItTgN.._ Gr SNIei JESUS LOPEZ M CALS 1280 N'E ST GnntlfeNer ORANGE SHOW MOTEL CALS ]206 N EST GrnndfnNer DI AUTOMOTIVE LL CAM 3790 ELECTRIC GraOQamer P.N.P.DUAI.RYMOUSING m .. R.1 CALS 16] F OrsnOhl Ner PERMANENT FEEAP.LS969S6 _ CALS -' M0GILBERT -'—"— - GrmRNNar SB CO.LEDICAL CENTER C CALS 2095 N GUTHRIE Gmedtamv EIOAALFARO•GARCIA CALS 210.5 N U f310odhNe+ UNITEp PROFERTYIMIESTMENT3 E L U m Q Packet Pg. 238 B.A.i FTanefuee List 10:36 AM pays 2 of 3 031292001 ReEOHeiar CampM' 8uc10 Pnfia Suety Name G.nWaau l Nomn CALS 9Yai"N 1ST —'��- Gm®avwr R095 AUTO ELECTRIC 0 CAL$ OR S H R I i _ - _GmaMneT.PRESCHOOL SERVICES DEPT $ CAL$ S15T'�'�N WIRNIS(NL' �"_'�' GMndlaUwr GWOALUPE LINMES U1 CALS I'm E HIONLAND � GraMbOer :HARE 5AADE 0 CALE 1100 E HIGHLAND GMMB1Aer SAFETYAUTG CALS 1380 E HIGHLAND Gmntlbther SUNAIP DISCOUNT FURNITURE O CALS 1802 E HIGHLAND __Grandfather 7 DAYS FOCO$TORE CALS 1888 E HIGHLAND Grm d%ftr AUTO S PCI C CALS 1772 E HIGHLAND Ora WMr EVF.MHING ONE DOLLAR CALS 1BW E HIGHLAND rz3 oM:ww BAUD LSANCHEZ p' — CALS 1888 E HIGHLAND GrsnOlalner WEST$IpE MARKET d DELI GALS 2001 E HIGHLAND GnM1 .r BRNN Oi RE RIUR C GALS 2101 E HIGHLAND G.Mfamer URAIN O REPAIR PCI N 21a E HIGHLAND "�.GranEleu,.r EFRAIN GARCw w CALS GI Gaew T TTE INC. U LS 21M E HIGHLAND Gr fader ASSURED PROPERWO AGEME ` GALS 2205 E HIGHLAND GrazM26er FRED LEDBETTER O GALS 2508 e HIGHLAND G.Mt ftr IMAKEEVENT N GALS 2550 E 'HIGHLAND GmmfaMw GL.OREEGALLAW&FRAMJNG +O„ CALS 2382. E ;HIGHLAND'-�— GIVW1aNer�If8TE0 DOYESTIG WORKE S GALS 2574 E ;HIGHLAND _ G.mfaNer SNYOER&SCHULTZ JEWELERS - n In GALS 2592 a HIGHLAND GramtaNer LV0STALSERVICE CALS 2987 E HIGHLAND CUeMfaNm' M$LIO $ .a GALS 2650 E HIGMAIID GrmMfaNar 'ASSVREO PROPERTY MANAGEME O CAL$ 34136--t 'WGHLANO-GvMfemer MI.SUW CALS 701 HILL OR GmMfa'Aer ,MTHUR Iw111111 R� y CAL$ "M :H81OR GfaMIdNH IELLSEAN ____ K CALS $454 INDUSTRAL PARKWAY Gl faNar !SSSTEEL O. CAL$ 5770 -INDUSTRIAL PARKWAY :Gmmfooer (WALTER CO.,F.G. LL c_K me N JST .OraMMOe, ;EDTEOENGINd— K CALS 2171' LINCOLN *O.a fa6Hr W.DON BAPTIST CMIRCN C GALS 2174' .LINCOLN GramMtle ;EDMONDS,S •CALS 2776 L/NCCLN GnrcMa EDMON05.9 C CALS 7227 LYNWOOD 'Gaiw7a0er :GEORGE NICKS C CALS 434 .WCY G imtau:c .MESA MANAGEMEM U CLLS 2675 MCKINLEY :GraMfaNer -JOSE DE40UINO Q CALS - 'MCKINLEY 'GmiWbtn ;FRAZEE SHELTER CALK 2128 MCKINLEY :0re%NI" IKEIFN RENO CALS 2141. MCIONLEY GNMMNY !K REND w CAlB 2122: .MEYERS Gn LORI. ;ALVINWILBO O GAL$ WRI MEYERS ,GmWfAMN BRUCE ELLIO7T d mams ;MEVER$ CNaWfaMx V.PAKTELLD MI Ci1LS :NEVER$ :GraMhNer '.JI ONKEN C A rare I 4107 'NEYERSGraMfaMer ',BRIAN N1LSON GALS 4351' -6EYERS :Gmm1MNM ROBERTCARRILLO O GALS r 165: MLL ST ;GlantlMMa MLL STREET FIBERS .N CALS RS (MLL ST -Glentltamer ' RED MM STORAGE w CATS WT :MLL ST Gran6RMQ SAM SHSLL"Ain7N GALS 1111 'MLL ST GMMdf . DEFENSEFINANCEa ACCOUNTING w T50' !MTYERNON GNndf I P&L PROFNiW_MNAGEMENT cl CALS 1212 !MTmm Ganitaa (CALIFORNIA STEEL SERVICES DAL$ 1043 (NORTON Grandfa IS.A.C.HEALTH SYSTEMS LAlS tF T G.dI '.OHBOKFOODS.IN(l O VKI 'NORTON DNWAKEFRO CALS 210' !NORTON G.ftVw MNORRISON KNUDSEN CORPCRAR CALS Z78' NORTON G2nd1 IMCRR60N KNMDSENCGRPORAO C CALS 223' .NORTON GraMbelar IAIRMRTAURHCRRY 01 CALS Sag NORTON :GraMf j6LU"AV TIONSMVICE W GALS 409; •'NORTOia GrantBaFa IW BUSIWESS INCUBATOR - N CALS T—A"'6 (NORTON Orvd4Aw :USAF CALS 475' 'NORTON Grmtlbur :CARRETWSTALLER$ Q CALS 486 :NORTON GmwsIi, r !F/W-BU50RE53INCUBATOR 01 CALS 553 NORTON GranMadlel :ENVELOPEMMUFACiURE 85 CALS 558 :NORTON Gran Nor IM.R.I.FLUES B FILTER SERVICES L CALS 875. :NORTON :Gran0.3Aa IBSA INTERNATIONAL AC C CALS 702 NORTON GraMr M. 19ECHTEL ENVIRONMENTAL A CALS 718 NOR70N Gm-aaM- SESSUNSEKGINEERING LL CALS 726. NORTON GrindWiw jS.B.iS.B. NTL AIRPORT AUTHORITY 1 16 S 743' �NORTON GrantllaauF IBECNTELENVatONMEM7At L) GAILS 753. NORRRa ',G dfn II.T.CORPOATION CALS ;NORTON ;Grandle8rer �SBAMRPORTAUTHORRY C GALS i95' :NORTON ;OraMlamo ;5.0.1.AIRMRTAUTHDR1tt 1 U L U w I Q 1 I - Packet Pg.239 i FnInchise Ust 70:34 AM page 3 of 3 031292007 II. c O N 0 C O C Repanetlm O Compvle• $trcet•Prefix 59ee1 NSm9 :Gtvntlaflhef. NONE 0) CAL$ ate 'NORTON GrandMNer PALM MEADOWS GOLF COURGE GALS 821 -NORTON Grand141NW NORTONCREDITUNION T3 C CALS C93RD :.NO Gn er :USAF CALS 14M, E :PACIFIC G. aZer N JUPSON BAPi1$TCHURCX 0 CALS 322a E :PACIFIC GmtlfamW .AYSOREGAW U CAL3 1001-35 E ;PACIFIC IG.ftib. =E MARASIGAN j CALS 9245 N :PAW 'GmdfaWW =CRESTVIEWBAPOSTCHURCH y CALL $95 !PHNIEER ;GmdfaMer CST y CAL$ 176 - 'RLLLTO :Gres and jaAWrJU5TAND PAINTING y CATS 352 —AULTO !GmdfMp �FREESEAUTOREPAIR y CAL$ a9& 'RIALTO IGmd1eNW !ROBERT CANNAN F GLS 402: :p W. _'Gmn a `FRANCKBOYCE E CN'�880�:-TI'Ia`L O� ''G'mdlafhv 14ME65EAWElt V CAL$ - 24M :RIALM GranMetlrer TOM REESE O CALE 24872 RMTO GreeINe9Wr IFRWCHRISTOPt SON N CALS 24899. RIALTO Gmdra ',D.MONTES W CALK 11WIN iamuo GmfttIw IRAYMONOCASTANEDA CALS 1851. '.RINERMEW 'Grandfealar iSALCWa4STOSB 4. GALS 2105 ROOSEVELT Gondf60er IJOSESOUS LL CALS 2121. RODSESA3T .Grand/ether (RICHARD MEDINA R' CAWS 2122 (ROOSEVELT ;(HerWlatlror IJESUSMELENOREZ C CAL$ 21x3 ROOSEVELT 'GmdlNwr RAPHAELMUEGAS 0 CALS 1455. SANBERNARDNO :Grendlaeror :SAN BERNARDINO TRUCK C CALS 4086. ISEPVWV ,Gxndf~ CHRIVINE HADDAD 0 CALE 2552' ISHENANDOAH 'CCandfa9:W COLOR THE U CALE 4389: N SIERRA WAY '•GroMMMW iCREATNEHAIR a NAILS Q CALS 2882: :STATE iCUanOMmW MACEDONIA BAPTIST CHURCH d CALS 2024 E '.$UNWSE raMFeNer d GALS RO83 iSuNRISE 'OoIMMmYl IJOSEVALL .N N CALS : Zm (SUNRISE ;GmnMaOmr ILARRV KOCN p CALS 3083' SUNRISE GrandlMW :PAULDORR LL CALS 2117 SUNRISE Gm MVIW :UWTED PROPERTY&WVESTMENT V CAL$ 950 S ;T] P66 IGmdMlhar :ASSURED PRCPERTV M4NAGEME C CALS 1 :WALNUT !OmdMINW iJAMEBSUMMERS t0 Du$ 1919! :WASXINBTON i mw LJACRSCOTT C O CALS : 19B5' :WASHINGTON m tha MOLORES SMITH 'y1 CALE - 2165. iW NGTON iGrandMNW (JOHN OUARTE PCI CALS 2280. (WASHINGTON 'GmdMa1W IBENNY HERNANDEZ O CALS '21mu .WASHINGTON :GmReNW TERRRYOINGE S � GLS 209. IWATERMnN ;GraedNNW IARROYVHEADSHEETMETAL GALS m !WATERMAN GWWHhW !JUAN SALTAZAR •• GLG 39C iWATERMAN :GwIX ff :MUGFLER&$RAKE SPECIALITES w WAS 801 iWATERMAN 'Um (her WNSTONTIRECOMPANY O CA sma WATERMAN 'Gres Vser +THAI BETHANY KOREAN CHURCH GALS 755 'WATERMAN 6 My AMERICAHAUT WREGIONG CALS m !WATERMAN ;GmdMNW .CHI9JCH aF PRESBY7 L C CALS 906- �WATERMAN 'G— Ma :BUY-RITE d CALS 1014 WA •Glw ulhW :WLCODEV OPMENT 0 CALS 1033 .WATERMAN Gmtl8MW eMETMM COME N CALS 1211 'WATERMAN Gran®elNVr 'SAN BERW CHRIGTtAN CENTER CALS I 9957 :WATERMAN GmdMMW IMNOSAY CONCRETE PROWCYS.I a CALS 997a WkTERMAN GmtlStliW ROOFERS SUPPLY O N u U C A LL U c v E L U Q Packet Pg, 240 FR1ndf oLbt 10:34 AM tnp t or - 0$!2912001 c 0 rn `o c 0 .c m d K c n N d u m rn v N W L O V) d K a LL Repu1M or w cwnp" S1 X'.PMN; gmey Nerve Grandfatlier; No¢e c CALSrCOUNTV fall E 6ASELUIE ' ' D CALSOUNN 4518, IF GreelxA JOSEPH SNEPERD c CALS=NW 2M: IGOLCEN :GrenNeMer IO.E.PARRWGTON 2 CALS=UN 4M tJOHNSON Grugf 1 (GLEN WATgNS U CALSIO"U 4040. JOHNSON '.GreMfeNer G ENVUE ROENING CA N ; tt .1 (JOHNO MLE CALS1l I YlUNfV 4020-2Z (JONO . . d N GALGfLDI1NTT 11921 --;LYNWODO :GmafaNn GNEENFIELOMAPofET N GALS UNT 4211! UMGNOLN :GrentlfaUn iCURRENT ELECTRIC CD. O a c c 1 m c O N N J U N Q M O N C d E 01 m Q d N L U I C A LL N U c m E ® L U Q Patket Pg,241 YLIC SERVICES DEPARTMENT Ken FrscrmR-Dmecrox H v , 3 300 North'D"Street•San Bernardino•CA 92418-0001 > 909.384.5140•Fax:909.384.5190 = m E-mail: 6scher_ke @sbcity.org o San Berner no wwwsbcity.org o C 0 d d July 6, 2006 d v Phillip Breault, President v Cal Disposal Company m 26009 East 6th Street 3 San Bernardino, CA 92410 e w Dear Mr. Breault, a LL In accordance with the Agreement between the City of San Bernardino and Cal Disposal Company for the Collection, Transportation and Disposal of Solid Waste `o and for Providing Temporary Bin/Rolloff Services, the City is hereby providing the `o required 30 day prior written notice of non-renewal pursuant to Section 8, Term a Extensions. Therefore, on August 5, 2006, Cal Disposal Company will have d eight (8) years remaining on the term of the agreement. N N 0 If you have any questions please don't hesitate to contact me at 909-384-5140. D Sincerely `o b U O Ken Fischer Director of Public Services o N KF:Idl x v J Cc: Fred Wilson, City Manager E `w U c m E L U N Q •REFUSE AND RECYCLING•ENVIRONMENTAL PROJECTS-SEWER AND STREET MAINTENANC ' Patket Pg:'242 PUBLIC SERVICES DEPARTMENT U J ICEri FvsctER-Dnracroe J N d J Q 300 North"D"Street•San Bernardino•CA 92418-0001 MN 909.384.5140•Fax:909.384.5190 c San Bernar ino E-mail:fischer_ke @sbcily.org o www.sbcity.org w w 0 C 0 .c d July 6, 2006 9 C N " d Item Delivered: One letter to: Phillip Breault, President d Cal Disposal Company n 26009 East 6th Street h San Bernardino, CA 92410 3 0 N Name of Employee: i IL Signature of Employee: 7 / 0 Date Delivered: / `(n — �II a Time Delivered: d n .y " O o- n c Hand Delivered by: Mike Moore, Environmental Projects Assistant c Public Services Department .2 City of San Bernardino 300 North D Street " San Bernardino, CA 92418 909-34-5140 0 N d KF:IdI E d R v C d E L d 10 Q •REFUSE AND RECYCLING•ENVIRONMENTAL PROJECTS•SEWER AND STREET MAINTENANC IU Packef Pg:243 r. PUBLIC SERVICES DEPARTMENT KEN FISCRER-DmR R d 0 �n'*} • 0 5 300 North"D"Street•San Bernardino•CA 92418-0001 909.384.5140•Fax:909.384.5190 E-mail: scherk@sbeity.org San Bernar no www.sbeity.org a o c d d K v c April 25, 2006 y m u w N d Cole Burr, President Burrtec Waste Industries Inc. 3 9890 Cherry Avenue v Fontana, CA 92335 n ui Dear Mr. Burr, a LL K In accordance with the Agreement between the City of San Bernardino and Burrtec Waste Industries, Inc. for the Collection, Transportation and Disposal of `o Solid Waste and for Providing Temporary Bin/Rolloff Services dated May 25, 1995 (the "Effective Date") and.later.amended on June 19, .1996,the City is d hereby providing the required 30 day prior written notice of non-renewal pursuant a to Section 8, Term Extensions. Therefore, on May 25, 2006, Burrtec Waste o Industries, Inc. will have eight (8) years remaining on the term of the agreement. a v C If you have any questions please don't hesitate to contact me at 909-384-5140. c y Sincerely, 0 m M 0 Ken Fi er Director of Public Services ; d KF:IdI E d Cc: Fred Wilson, City Manager z m c E E r u R a •REFUSE AND RECYCLING•ENVIRONMENTAL PROJECTS•SEWER AND STREET MAINTENANCE•FLEET Packef Pg.244 S PuBLIc SERVICES DEPARTMENT N KEN FtscRER-DmEcroR °1 N N 300 North'D"Street•San Bernardino•CA 92418-0001 @ 909.384.5140•Fax: 909.384.5190 O N E-mail: fischer_keCsbci[y.org San Bern a . . a • .L @ m April 25, 2006 v c @ Ul @ U it d Item Delivered: One letter to: Cole Burr, President d Burrtec Waste Industries Inc. 9890 Cherry Avenue Fontana, CA 92335 c N Name of Employee: Signature of Employee: k o ►�Date Delivered: � Time Delivered: N 0 O IL v c @ c O Hand Delivered by: Mike Moore, Environmental Proiects Assistant y Public Services Department City of San Bernardino 0 300 North D Street San Bernardino, CA 92418 0 909-384-5140 d d J E KF: Idl u d Y M M E E z u @ x Q •REFUSE AND RECYCLING•ENVIRoNmENTAL PROJECTS•SEWER AND STREET MAINTENANCE Pa61L4 Pg;245 VI aaaaa d 1a} iu ` cF F E EEEEEy uO 4J t7 V)(n c7hh to(!1 GJ Nt%)(� wuY 1l ad ryry pp O „v C OSmN% $ Wpm C � N ,VNV' NtJ Nfry�P m < P T ` � PYb n C o° c d K F d p d o 6� N 6 A 3 qQW ° F°N qaq V Q. W 7 4 �r �Y%N U Yf °� 0, o •n N V CV Oi t2 N. S �n % ww � a ° 0NU m O C j . We 6 n �' ✓ '0 y� � y o ac � A D � 76N a!m° vn¢i< z z n> n � o 2 d o v C P2' of=m ..� mmu az coiru r,.z 1 c o mbmbb mmo- a _ d i 5�� gq o0 ooa 000a m q d C z S$ o $oo R - E ° Q t 8 $ s° s . a p cc1 44Y NY YY'Y Og0 muiNNnN NNN N,n. � � b Packe[Pg. 246 B.A,m IWM Expenses c Item Vendor Cost of Item m _o Automated residential lease payments $2,159,000 rn Commercial lease payments $909,500 0 c Lease payments--Street Sweeping $226,400 0 Groundwater Monitoring Geologic Associates $35,000 m Waterman Landfill Monitoring BAS $215,000 z a c $3,544,900 IWM Revenues u Commercial Revenues $9_381,619 a0i Residential Revenues $11,125,575 a, Dino Bin Service $2,673,201 FY 11/12 Recycling Revenues $164,828 .o 0 $23,345,223 yr d 1 W M Assets It IL Refuse Bins Residential Carts c 0 c Fleet 0 _ U NO Staff members Q v 5-10 acres of City yard I.JM a Shop space:6-8 service bays a a c m c 0 N N V _N O M O N 'O d L U N d N C N a N W 9 C N d N N Q C N E L u m 1: Q "PacketPg:24T '.. RESOLUTION NO. 95-138 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN 0 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JACK'S DISPOSAL, c 2 INC., RELATING TO REFUSE DISPOSAL. d 3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY o 4 OF SAN BERNARDINO AS FOLLOWS: d 5 z 6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an agreement with Jack's Disposal, Inc., relating to refuse m 7 ; 9 8 disposal in the City of San Bernardino. N 9 SECTION 2. The authorization to execute the above referenced agreement is rescinded a LL 10 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this 11 C resolution. 2 12 a 13 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and d a 0 14 Common Council of the City of San Bernardino at a requiar meeting thereof, held on a a 15 the Istday of May 1995, by the following vote, to wit: a c 16 y 17 N Councilmembers AYES NAYS ABSTAIN ABSENT o 18 NEGRETE x o 19 N 20 CURLIN X 21 HERNANDEZ x 22 OBERHELMAN X r U 23 DEVLIN x m IL 24 POPE-LUDLUM x C 25 MILLER x m 26 M 27 C ,. April 14, 1995 1 E 28 t u A Q 3 Packet Pg.248 i RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FRANCHISE AGREEMENT WITH JACK'S DISPOSAL, INC. 1 C 2 x ep" _ c ' pQ 4 TT v 5/JCU✓l lerk The foregoing resolution is hereby approved this 14 day of 5 May 11995. 6 OM MINOR, Mayor d 7 City of San Bernardino 9 8 Approved as to form and 'o legal content: N 9 10 James F. Penman, City Attorney 11 ° 12 B a d 13 a .y N 14 a° ]5 C 16 y U 17 18 19 C 20 E d 21 a 22 z 23 R IL 24 d 25 m 26 Y u m 27 April 14, 1995 2 d 28 E z u A Q �... . 95-138 original `O c O C d d K v c AGREEMENT d U d N d bdMl6/l V O N THE CITY OF SAN BERNARDINO n. LL K C O and O U Q d a .N JACK'S DISPOSAL, INC. a. c d c 0 ' .y N_ FOR THE COLLECTION, TRANSPORTATION,AND DISPOSAL OF A SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING °. TEMPORARY BIN/ROLLOFF SERVICES N C d E d d O) Q d VI L O C A L LL d 7 m N Y U R C d E t u m Q Packet Pg..250 0 0 TABLE OF GONT�N7S o c a m PAGE 9 C N N d Recitals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 ry 1. Grant of commercial, Residential, Construction, y Industrial, and Temporary Bin Franchise. . . . . . . . . . . . . . . . . . 2 N m 2. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 v 0 A. AB 939. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 N B. Bins. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 C C. Compostable Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 a D. Future Annexed Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 u w E. Grantee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 a F. Recyclable Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 0 c G. Recycling Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 0 H. Solid Waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 G I. Temporary Bins. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 0 a 3. Franchise Area; Grandfathered Accounts. . . . . . . . . . . . . . . . . . . 4 N 0 a 4. Services Provided by Grantee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 c N A. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 c B. Commercial, Industrial and Multi-Family Residential. 4 'y (1 ) Multi-Family Weekly Service. . . . . . . . . . . . . . . . . . . . 4 (2 ) Commercial and Industrial Weekly Service. . . . . . . 5 (3 ) Single Family Residential. . . . . . . . . . . . . . . . . . . . . . 5 C. Temporary Bin/Rolloff Services. . . . . . . . . . . . . . . . . . . . . . 5 m D. Commercial, Industrial, and Residential Recycling N Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ( 1 ) Single Family Residential Recycling Programs. . . 6 a (2) Commercial and Industrial Recycling Programs. . . 6 E (3) Temporary Bin/Rolloff Recycling Programs. . . . . . . 6 y rn 5. Disposal of Solid Waste. . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . 6 4 m N 6. Recycling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 s c A 7. Franchise Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 U U 8. Term; Extensions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 C m N Y U A C d E r U N Q Packet Pg.251 0 c TAR 7F OF (eoniir 4 v A npI�l/!!Dp a 1. D C 9. Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 A. Residential Rates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 w B. Commercial and Industrial Rates. . . . . . . . . . . . . . . . . . . . . 8 d C. Temporary Bin Rates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 D. Notice of Rate Changes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 E. Notice to City; Recycling Fees. . . . . . . . . . . . . . . . . . . . . . 8 D 0 10. Franchise Transferrable; City Consent Required. . . . . . . . . . . 8 N ui 11 . Franchise Transfer; Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 a LL 12. Privacy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 c C 13. Reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 ; 14. Liability Insurance Coverage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 d a 15. Workers' Compensation Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . 10 e IL 16. Hold Harmless. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 m 17. Collection and Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 a .2 18. Public Access to Grantee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 A. Office Hours. . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . 11 m B. Service Complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 C. Government Liaison Person. . . . . . . . . . . . . . . . . . . . . . . . . . . 12 M 0 19. Household Hazardous Waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 c 20. General Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 E a m A. Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 m B. Attorney's Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 C. Compliance with Applicable Law. . . . . . . . . . . . . . . . . . . . . . 13 m D. Compliance with Franchise Agreement. . . . . . . . . . . . . . . . . 13 E. Counterparts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 F. Entire Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 G. Exhibit Incorporated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 m H. Force Majeure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 c I. Gratuities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 m J. Independent Contractor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Y K. Law to Govern; Venue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 L. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 M. Right to Audit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 N. Validity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 E v m 1 a - --- Packet Pq.252 ' .................... . 95-138 $ ,:! i w AGREEMENT 0 0 between c a THE CITY OF SAN BERNARDINO and � JACK ' S DISPOSAL , INC . Yl FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING 2 TEMPORARY BIN/ROLLOFF SERVICES o N ui CL LL LL' This Franchise Agreement (the "Franchise Agreement" ) is 1995 (the "Effective 0 entered into this ;1!5/1- day of �he� Date" ), by and between the City of S n Bernardino (the "City" ) and `o_ Jack's Disposal, Inc. (the "Grantee" ), for the collection, a transportation, and disposal of solid waste and construction debris and for providing temporary bin/rolloff services. , 0 RECITALS v c WIZEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 2 1 ( "AB 939" ) , has declared that it is within the public interest to authorize and require local agencies to make adequate provisions a for solid waste and construction debris handling within their 'p _ jurisdictions; and m M O WLWJ?EAS, pursuant to California Public Resources Code Section 40059( a)(2), the City of San Bernardino ( "City" ) has determined that the public health, safety, and well-being required that a 0 franchise be awarded to a qualified enterprise for the collection, transportation, and disposal of solid waste and construction debris 2 and for providing temporary bin/rolloff services in residential, commercial, construction, and industrial areas in the City of San 0 Bernardino; and v c m *UEREAS, the Common Council of the City of San Bernardino i declares its intention of maintaining reasonable rates for the 0 collection, transportation, and disposal of solid waste and t: construction debris and for providing temporary bin/rolloff m services within Franchise areas; Y U NOW THEREFORE, THE PARTMS AGREE AS FOUOWS: a E s U A a I. _ PackekPg.253 w AGREEMENT 0 0 1. Grant of Commercial Resid ntial Industrial and Temoorary a Bin Franchise. w C a This Franchise Agreement grants a franchise as provided herein c and pursuant to Chapter 8.24 of the San Bernardino Municipal Code m Relating to Garbage and Rubbish (hereinafter, "Chapter 8.24" ) and u California Public Resources Code Section 40059(a)(2) to Grantee, for the collection and transportation of recyclable and compostable y materials, and for the collection, transportation, and disposal of solid waste and construction debris and for providing temporary 3: al bin/rolloff services in commercial, residential, and industri areas within the City of San Bernardino. Notwithstanding the :0 refuse collection services provided by the City, so long as this 0 Franchise Agreement remains in effect Grantee shall have the right and privilege to collect commercial, residential and industrial a refuse in the Franchise Area. LL o: c 0 2. Definitions. c 0 Whenever any term used in this Franchise Agreement has been a defined by Chapter 8.24 of the San Bernardino Municipal Code or a Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in the Municipal Code or Public Resources o Code shall apply unless the term is otherwise defined in this a Agreement. m c A. AB 939. .N h "AB 939" shall mean the California Integrated Waste Management Act of 1989, as it may be amended from time to 0 time. " e M O B. Bins. N "Bins" shall mean those containers provided by Grantee for commercial, industrial, residential, and multi-family E residential uses. Bins are of two types: (i) Bins which are picked up by refuse trucks by means of front loading 4 i apparatus; and (ii) Rolloff Bins which are picked up by 0 trucks using rear loading winches onto rails. '- t 0 c C. Compostable Materials. IL "Compostable Materials" mean any organic materials which have been segregated from other solid waste materials for the purpose of composting. Compostable Materials shall CO include but not be limited to vegetable, yard, wood, and s paper wastes. 0 c - 2 - E U N L a { _ Packet Pg.254, D. Future Annexed Areas. C 0 "Future Annexed Areas" mean any unincorporated areas which are located within the City of San Bernardino sphere of influence, or which may be annexed into the corporate boundaries of the City. a c N G. Grantee. m U "Grantee" shall mean Jack' s Disposal, Inc. , a California Z corporation, the entity granted the Franchise pursuant to U) this Franchise Agreement. N R 3 F. Renvclg ble Materials. s "Recyclable Materials" means any materials which have N been segregated from other solid waste materials for the W purpose of recycling or reuse. Recyclable materials 0. shall include but not be limited to newspapers, corrugated mixed paper, high grade paper, glass o containers, yard waste, food waste, plastic containers, other plastics, other glass, metals, waste tires, and o wood. Q y G. Recycling Program. N "Recycling Program" means the collection, removal and a transportation of recyclable materials and/or compostable v materials to either a processing facility, composting m facility or end market where said materials will be e . sorted, cleaned, treated, composted or reconstituted. •2 N U H. Solid Waste. N 'o "Solid Waste" means all putrescible and nonputrescible ;p solid and semisolid wastes, including garbage, trash, o refuse, paper, rubbish, ashes, industrial wastes, N. demolition and construction wastes, manure, vegetable or animal solid and semisolid wastes, and other discarded m solid and semisolid wastes. "Solid Waste" does not 0 include hazardous waste as defined by the State of California, or low-level radioactive waste. "Solid waste' does not include medical waste which has not been a treated for disposal at a solid waste facility. c m I. Temporary Bins. LL v "Temporary Bins" shall mean all rubbish bins of a size r three (3) yards and greater which are placed by Grantee m upon user's request at a location within the City limits for a period not to exceed ninety (90) days. "Temporary Bins" shall not include the placing or servicing of any 3 _ E z v m I I�—_ Packet Pg,255"' rubbish bins at any City or Economic Development Agency c projects or operations. o c d 3. Franchise Area grandfathered Accounts. v The Franchise Area granted by this Franchise Agreement shall m be all residential, commercial, and industrial accounts within the u City of San Bernardino; provided however, that such Franchise Area Z shall be limited to those regular accounts "grandfathered" by the y City which were acquired by Grantee prior to January 1, 1994 and as :? are set forth on Exhibit "A". Temporary accounts shall not be limited to the grandfathered accounts and may be acquired by Grantee from time to time. Grantee's accounts in geographical a areas not currently within the City of San Bernardino but which are 'o annexed by the City after the effective date shall become part of w the Franchise Area on the first day following the month such annexation is completed by the City. Within thirty (30) days after o. a written request therefore by the City, Grantee shall provide City It with a written list of all current accounts in subsequently annexed c areas which list shall be incorporated into this Agreement as part of Exhibit "A" . City shall not actively solicit Grantee's account o within the Franchise Area or Future Annexed Areas, however such 4 accounts may discontinue Grantee service and contract for City m service at their option. Such accounts may not contract with any 72 other service provider and may not return to Grantee if such .y service has been terminated for a period in excess of one hundred a° eighty (180) days. c m c 0 4. Services Provided by Grantee. u A. General. o Grantee shall make available to all customers requesting the collection and transportation of recyclable materials and N compostable materials, and shall provide the collection, ., transportation, and disposal of solid waste and construction debris and temporary bin/rolloff services within the Franchise Area in d accordance with the terms of this Franchise Agreement. a B. commercial. Industrial and Multi-Family Residential. ¢ v m ( 1) Multi-Family Weekly Service. z Not less often than once per week, and more frequently if w required to handle the waste stream of the premises where the bins v are located, Grantee shall collect the solid waste (including bulky r items which have been placed in a closed bin) for multi-family m accounts. x v m c r U I A 1. .. a Packet P�. 256 w (2) Commercial and Industrial Weekly Service. 0 C 0 Not less often than once per week, and more frequently if required to handle the waste stream of the premises where the bins are located, Grantee shall collect the solid waste (including bulky items which have been placed in a closed bin) for commercial and industrial accounts. h v u (3) Single Family Residential. � 0 Not less often than once per week, and more frequently if 0) required to handle the waste stream of the premises Grantee shall collect the solid waste (except bulky items and household hazardous 3 waste) which have been placed, kept, or accumulated in containers a at single family detached residences within the Franchise Area and placed at curbside prior to Grantee's normal weekly collection m time. All solid waste, compostables, and recyclables must be placed within containers curbside without obstructions so as to a permit collection, unless otherwise agreed upon by City and a o: Grantee. Grantee may negotiate special pickup procedures, above an C beyond the normal services described above, with customers for an 0 additional fee in an amount not to exceed ten ( 10t) of the City's o then existing rates for such service. 4 m C. Temporary Bin/Rolloff Services. a .N N Grantee shall provide temporary bin/rolloff services for n0 a period not to exceed ninety (90) days. For construction and a demolition projects Grantee may provide temporary bin/rolloff services for a period not to exceed one hundred eighty (180) days, `o provided however, that Grantee will notify City of such project •y type and an estimate of the length of time services will be provided to Grantee's customer. Such reporting shall be made with w and in accordance with section 13 below. �o In regards to the time restrictions herein, Grantee may o request, and City may extend, the period of time for temporary bin/rolloff services on a case-by-case basis, upon written notification thereof. a E m D. Commercial Industrial and Residential Recycling � Programs. G w T The Grantee shall develop and present to the Director of T Public Services a recycling program to provide services to the C commercial, industrial, and residential customers within Grantee's a Franchise Area. m t m m Y V A C 5 _ E z 0 m PacketPS;257 '' w (1 ) Single Family Residential ReCMcling Programs. 0 0 Grantee agrees to offer to all single family residential ' customers the same recyclable materials and compostable materials that are collected or will be collected by the City of San Bernardino's residential recycling program. Method of collection, c including type of vehicles and containers, frequency of collection w and methods of processing shall be at the discretion of the Grantee. 2 d (2) Commercial and industrial Recycling Programs. y m w Grantee agrees to offer a recycling program to all 3 commercial and industrial customers served by Grantee within Grantee' s Franchise Area. o w (3) Temporary Bin/Rolloff Recycling Programs. a Grantee agrees to offer a recycling program to all temporary bin/rolloff service customers and accounts. o c 0 5. Disposal of Solid Waste. a a Grantee shall dispose of solid waste at a permitted landfill, transfer station, recycling facility, materials recovery facility, m or other disposal, composting, or recycling facility which is a.. lawfully authorized to accept such solid waste, compostable v materials or recyclable materials. City shall reserve the right to `m direct Grantee to the use of certain disposal, recycling or m composting facilities within the County of San Bernardino; provided however that Grantee shall not bear costs greater than ten percent (10t) of its then existing disposal related fees as a result of m City's direction. Grantee shall reserve the right to transport o such solid waste, compostable materials or recyclable materials to M disposal, recycling and composting facilities owned, operated and o controlled by Grantee. c v E 6. Recycling. a m A. Grantee shall ensure that recycling programs are made available for all of its customers served by this Franchise m A Agreement. m B. Where Grantee's customers request recycling services of Grantee, recyclable materials shall be collected at a minimum of twice per month. t m C. Grantee shall, at intervals of no greater than annually w provide educational and informational literature to its customers Y describing the recycling services to be provided, the materials to R c 6 _ E E u m a be recycled, instructions on how to participate and provide the `o Grantee's phone number. o D. Grantee shall provide copies of all educational and a informational materials required under this section to the City for approval prior to distribution of material to Grantee's customers. v M m v U 7. Franchise Fees. A. Beginning on the first day of the month following the a Effective Date of this Franchise Agreement and continuing for a period of two years ( "Initial Fee Term" ), a Franchise Fee of ten 3 percent ( 10%) of the Grantee's Gross Revenues collected from v services provided to residential, commercial, industrial and temporary bin consumers, in the Franchise Area shall be payable by N Grantee to City within twenty (20) days after the close of each month. a LL B. After expiration of the Initial Fee Term and continuing thereafter throughout the term of this Franchise Agreement, a `0 Franchise Fee of eleven percent (11$) of the Grantee's Gross e Revenues collected from services provided to residential, '0 commercial, industrial and temporary bin consumers, in the m Franchise Area shall be payable by Grantee to City within twenty a (20) days after the close of each month. .N 0 a v B. Term, Extensions. m ! c This Franchise Agreement shall continue for a period of °_ eight (8) years from the Effective Date. At the end of each year of this Franchise Agreement commencing on the Effective Date, and H annually thereafter, the term of this Agreement shall be extended o for an additional one year, unless within thirty (30) days prior thereto either the City or the Grantee gives written notice of non- M ! renewal to the other party. In the event such a notice of non- renewal is given at any such anniversary date, there shall be eight (8) years remaining on the term of this Agreement and such eight E (8) year period may not be reduced for any reason except termination for default. rn v N 9. Compensation. L 0 c m A. Residential Rates. U Grantee shall provide the services described in this r Franchise Agreement to residential consumers at a rate of no less m than the minimum rates fixed by the City from time to time and at a rate no greater than the minimum rates fixed by the City from time to time plus the Franchise Fee. m 7 E L u A � a PackelP�.259 '' i B. Commercial and Industrial Rates. 0 c 0 Grantee shall provide the services described in this Franchise Agreement to commercial and industrial consumers at a ! rate of no less than the minimum rates fixed by the City from time to time. There shall be no prohibition on the maximum rate charged by Grantee to commercial consumers. m a u C. Temporary Bin Rates. a Grantee shall provide the services described in this N Franchise Agreement to temporary bin consumers at a rate of no less w than the minimum rates fixed by the City from time to time. There shall be no prohibition on the maximum rate charged by Grantee to v temporary bin consumers. c N D. Notice of Rate Changes. IL The City shall notify Grantee of all rate changes in residential and commercial rates charged to its consumers within e twenty (20) days of such change. c 0 E. Notice to City• Recycling Fees. 4 v Nothing in this Franchise Agreement shall preclude a Grantee from assessing reasonable fees for providing recycling y services to its commercial, industrial and residential customers, 0 0. to be effective after thirty (30) days written notice to the City. m c 0 10. Franchise Transferrable; City .Consent Required. 'y Grantee shall not transfer, sell or assign the franchise m granted by this Franchise Agreement except with the express prior o written consent of the City, which shall not unreasonably be n withheld. For the purposes of this Franchise Agreement a transfer N shall include the sale of over fifty percent (50%) of the stock of the corporation, or a number of sales that over time and in the aggregate exceed fifty percent (50%), provided however that a sale or transfer to family members, or the estate, of the current owners 0 of Grantee shall not be restricted by this Franchise Agreement. 2 Family members are those individuals who are related by blood, u marriage or adoption. z u c m 11. Franchise Transfer - Fees. a` u Any application for a franchise transfer shall be made in a r manner determined by the City. The applicant shall reimburse the m City for all administrative costs of such application and transfer. Bills for such transfer fee shall be supported with evidence of the expense or cost incurred. The applicant shall pay such bills 0 c g _ E r u m Packet Pgt26Q '' within thirty (30) days of receipt. o c 0 c a 12. Priyacv. A. Grantee shall strictly observe and protect the rights of privacy of customers. Information identifying individual customers y or the composition or contents of a customer's waste stream shall not be revealed to any person, governmental unit, private agency, or company, unless upon the authority of a court of law, by m statute, or upon valid authorization of the customer. This m provision shall not be construed to preclude Grantee from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may -0 be required by AB 939. N B. Grantee shall not market or distribute, outside the 5 z normal course of its business, mailing lists with the names and LL addresses of customers. a c C. The rights accorded customers pursuant to this Section o shall be in addition to any other privacy right accorded customers 2 pursuant to Federal or State Law. m a N 13. Reports. '^ 0 a A. Within twenty (20) days after the end of each of Grantee's calendar months, Grantee shall submit a written report to m the City's Director of Public Services, in a format provided by the c 0 Director, including the following information: 'y (1 ) Gross revenues collected by Grantee for services provided o in the Franchise Area; .. m (2) Franchise Fees payable to City; N (3) Total tonnage of solid waste collected in Franchise Area; E (4) Total number of commercial, residential and industrial y i accounts in the Franchise Area; and a a (5) Total tonnage of solid waste recycled identified by m residential, commercial, and industrial materials collected; c m (6 ) Tonnage delivered by Grantee to each permitted landfill, transfer station, recycling facility, materials recovery facility, end market or other disposal, composting or t recycling facility; ro m (7) A list of Grantee's collection truck numbers which operated within the City, the route each collection truck was 9 _ c E U f N — a Packet Pg.261 'r 8.A.n y..... identifying the specific geographical areas served by that route. 0 B. Within three (3) City working days after the placement of o a Temporary Bin by Grantee, Grantee will notify City' s designated - contact position as to the date, size and location of such temporary bin. i v c C. An annual report, in a form satisfactory to the City, on � the Grantee's progress in meeting and maintaining its ability to w meet its goals under AS 939, along with any recommended changes. 2 m N v 14. Liability Insurance Coverage. w m Grantee agrees to procure and maintain in force during the term of this Agreement and any extension thereof, at its expense v , 0 public liability insurance adequate to protect against liability N for damage claims through public use of or arising out of accidents occurring from said services, in a minimum amount of $5, 000,000 combined single limits for bodily injury and property damage. Such LL insurance policies shall provide coverage for City's contingent liability on such claims or losses. City, its officers, agents and c employees shall be named as an additional insured. A certificate 0 of insurance shall be delivered to City's Risk Management Division. Grantee agrees to obtain a written obligation from the insurers to notify City in writing at least thirty (30) days prior to a cancellation or refusal to renew any such policies. 'N 0 a. 9 15. workers' Compensation insurance. c m c Grantee shall obtain and maintain in full force and effect .0 throughout the entire term of this Franchise Agreement full of workers' compensation insurance in accord with the provisions and 0 requirements of the Labor Code of the State of California. o Endorsements that implement the required coverage shall be filed and maintained with the City throughout the term of this Franchise n Agreement. The policy providing coverage shall be amended to N provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to City. The policy E E shall also be amended to waive all rights of subrogation against rn the City, its elected or appointed officials, employees, agents, or a Grantees for losses which arise from work performed by the named y insured for the City, s u c m LL u d Y CO CO 10 - u m c v E r u m P$cket.Pg.262' w 16. Hold Harmless. 0 c 0 Grantee agrees to defend, indemnify, save and hold City, its officers, agents and employees harmless from any liability for any claims, or suits at law or in equity, or in any administrative proceeding, that may be brought by third persons on account of a personal injury, death, or damage to property, or a property of m business or personal interest, or for fines, forfeiture or civil m penalties arising from any act or omission by Grantee its officers, agents or employees while performing operations under this w Agreement; provided however, City shall provide Grantee with notice N as herein set forth and shall provide Grantee with the opportunity h to defend Grantee from any such liability. The City shall notify 3 Grantee, in writing, within fifteen days of City's knowledge, or v when City should have known, of such claims, accusations, or suits 'o at law or in equity, or in any administrative proceeding, y ci IL 17. Collection and Equipment. � c A. Grantee shall provide an adequate number of vehicles and 0 equipment for collection, transportation, recycling, and disposal e of solid waste for which it is responsible under this Franchise Agreement, m .n (1 ) All vehicles used by Grantee under this Franchise .7 Agreement shall be registered with the Department of Motor Vehicles n0 of the State of California, shall be kept clean and in good repair. c m (2) Solid waste collection vehicles shall be washed at least o once every seven (7) calendar days. 'N N (3) "Jack's Disposal", a local or toll free telephone number, w and vehicle number shall be visibly displayed on all vehicles in 'o letters and figures no less than five inches (5" ) high to provide customers with access to Grantee to alert Grantee of problems or c concerns with customers waste collection service. N c d 18. Public Access to Grantee. E m A. Office Hours. a m N Grantee's office hours shall be, at a minimum, from 8:00 a.m, to 5:00 p.m, daily, on all collection days. A representative of Grantee shall be available during office hours for communication LL with the public at Grantee's principal office. In the event that normal business cannot be rectified over the telephone, a r representative of Grantee shall agree to meet with the public at a m location agreeable to Grantee and the public during normal office w hours. The office telephone number(s) shall either be a local or toll free call. Grantee shall also maintain a local or toll free E r U N Q w after hours telephone number for use during other than normal business hours. Grantee shall have a representative or answering o system or device available at said after-hours telephone number during all hours other than normal office hours. a B. 6ervicQ Complaints. � (1) All customer complaints shall be directed to Grantee. Grantee shall record all complaints received by mail, by telephone, or in person (including date, name, address of N complainant, and nature of complaint). Grantee agrees to use its a best efforts to resolve all complaints by close of business of the m next business day following the date on which such complaint is received. Service complaints may be investigated by the City. g Unless a settlement satisfactory to complainant, the Grantee, and w the City is reached, the complainant may refer the matter to the City for review. IL (2) Grantee shall maintain records listing the date of consumer complaints, the customer, describing the nature of the c complaint or request, and when and what action was taken by the c Grantee to resolve the complaint. All such records shall be _ maintained and shall be available for inspection by City. a a C. Government Liaison Person. a N N The Grantee shall designate a "government liaison person" a° who shall be responsible for working with a City chosen designee to O resolve consumer complaints. The cost of designating a government liaison person by the Grantee shall be borne by the Grantee. a N N V 19. Household Hazardous Waste. N C Grantee agrees to notify it customers within the Franchise Area, of City's Household Hazardous Waste programs as identified in N the City' s Household Hazardous Waste Element prepared by the City as required by AS 939, and other City or County sponsored programs as may be offered from time to time. E d m m N L V C A LL U d m Y U I A I C 12 E E V A Z: t Packet Pg. a 264 20. General Provisions. 0 C 0 A. Amendments. a This Franchise Agreement may be amended or modified only K by written agreement signed by both parties. Failure on the part of either party to enforce any provision of this Franchise Agreement shall not be construed as a continuous waiver of the right to compel enforcement of such provision or provisions, nor .Z shall such waiver be construed as a release of any surety from its 0 obligations under this Franchise Agreement. d N B. Attorney's Fees. 9 Should any party violate or breach any term or condition .o of this Agreement, any other party shall have, without limitation, y the right to move for entry of judgment by a court of competent jurisdiction, to seek specific performance thereof, and otherwise a. exercise all remedies available to he, she or it under the law to u a! obtain redress from injury or damage resulting from any such c violation or breach. In any such legal proceeding(s) brought to 0 enforce the terms and conditions of this Agreement, the prevailing 0 party shall be entitled to recover its reasonable attorneys' fees o and costs incurred as a consequence hereof. Reasonable attorneys 0 fees shall include those of the City Attorney's office, a 'w m C. compliance with Applicable Law. 0 0. a The Parties agree that they will comply with all A applicable federal, state, county or municipal statues, ordinances, o rules, regulations and enactments which are currently in effect or 'y which may be adopted hereafter. Ul D. Compliance with Franchise Agreement. m Grantee shall comply with ordinances, resolutions or N regulations enacted by the City of San Bernardino which are �- applicable and with any and all amendments to such applicable c provisions during the term of this Franchise Agreement. E v E. Counterparts. rn Q This document may be executed in one or more separate w counterparts, each of which, when so executed, shall be deemed to be an original. Such counterparts shall, together, constitute and shall be one and the same instrument. LL u v F. Entire Agreement. t: There are no understandings or agreements except as m herein expressly stated. Any modifications must be in writing. m - 13 - L U m Q Packet Pg.265 ' ............ G. Exhibit Incorporated. 0 C 0 Exhibit "A" is attached to and incorporated into this Franchise Agreement by reference. m Q: H. Force Maieure. Grantee shall not be in default under this Franchise u Agreement in the event that the temporary bin/rolloff services and the collection, transportation, and disposal of solid waste and w construction debris provided by the Grantee are temporarily a interrupted or discontinued for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrection, explosion, natural disasters such as floods, earthquakes, landslides, and v fires, and other labor disturbances or other catastrophic events N which are beyond the reasonable control of Grantee. Other catastrophic events do not include the financial inability of the 6 Grantee to perform or failure of the Grantee to obtain any a necessary permits or licenses from other governmental agencies or z the right to use the facilities of any public utility where such o failure is due solely to the acts or omissions of Grantee. C 0 I. Gratuities. u a Grantee shall not, nor shall it permit any agent, a employee, or subgrantee employed by it to, request, solicit, H demand, or accept, either directly or indirectly, any gratuity for yp temporary bin/rolloff services and the collection, transportation, and disposal of solid waste and construction debris otherwise m required under this Franchise Agreement. 0 0 N J. Independent Contractor. 0 m Grantee is an independent contractor and not an officer, agent, servant, or employee of City. Grantee is solely responsible for the acts and omissions of its officers, agents, employees, $ Grantees, and subgrantees, if any. Nothing in this Franchise Agreement shall be construed as creating a partnership or joint venture between City and Grantee. Neither Grantee nor its B officers, employees, agents, or subgrantees shall obtain any rights d to retirement or other benefits which accrue to City employees. 4 a K. Law to Govern: Venue. w t U The law of the State of California shall govern this m Franchise Agreement. In the event of litigation between the a` parties, venue in state trial courts shall lie exclusively in the d County of San Bernardino. In the event of litigation in a U.S. C District Court, exclusive venue shall lie in the Central District m of California. Y v m - 14 E L v m I a , Packet FS:266 L. Notices. c 0 All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: v c "City" H a City of San Bernardino Z 300 North "D" Street in San Bernardino, CA 92419 0 N "Grantee" ; v Jack's Disposal, Inc. N 380 West Oak Street P. 0. Box 141 K San Bernardino, CA 92402 LL K Nothing in this paragraph shall be construed to prevent o the giving of notice by personal service. c 0 M. Right to Audit. m Upon fifteen ( 15) days notice, the City shall have the a right to audit the records of Grantee relevant to this Franchise Agreement. The audit shall be performed on Grantee's premises, a° during normal business hours, and at the City's expense. m N. validity. c N If any terms, condition, provision, or covenant of this Franchise Agreement shall to any extent be judged invalid, w unenforceable, void, or voidable for any reason whatsoever by a ° court of competent ,jurisdiction, each and all remaining terms, o conditions, promises and covenants of this Franchise Agreement N shall be affected and shall be valid and enforceable to the fullest extent permitted by law. E v m rn a v N t V C N IL V d t m N Y U N C 15 E z U R a Lracket X9.267 S 0 c O WITNESS the execution of this Agreement of the day and year written above. m d v CITY OF SAN BERNARDINO m N U U By. N TOM MINOR/ - v Mayor m ATTEST: 3 o N RACHEL CLARK City Clerk a LL C APPROVED AS TO FORM ° a AND LEGAL CONTENT: 2 u James F. Penman, ¢ m City Attorney a N N O IL By m c GRANTEE � U 3 ep Avak an, President cks Disposal, Inc. o N C d E m m rn m N L U C N LL U d m N Y U N 16 - ac E U v m z Packet Pg.268 EMBIT "A" `d 0 FRANCHISE AREA — GRANDFATHER ACCOUNTS d ACCOUNTS LOCATED AT: d U d N d N d 3 v �o N ui K o. LL C O C O a d a �N N O a v c c 0 .N Vi U O M O N C d d d O) a d N L U C d IL U d r - 7 N Y U d L U d a ..........—------ .............. 05--22--1995 JACK 'S DISPOSAL SERVICE EXHIBIT "A' page: I ACTIVE CUSTOMER LIST c FRANCHISE AREA - GRANDFATHER .2 ACCOUNTS a ACCOUNTS LOCATED AT: Service Address Acct# Customer Name Remarks 1500 W. 17TH 7189 SAN BERNARDINO commulary HOSPITA 1575 W. 17TH 21097 COGUN INDUSTRIES, INC. 2031 E. 19TH 13497 CARLOS CARRILLO ...................... 2043 E. 1.9 fH 8265 RAJ IYER 2057 E. 1971.4 17339 JESUS GONZAI-ES 2'3Tl E. 20 ST, 18545 MIGUEL GONZALES VIRAMONTES 3415 E. ',:13'1" 19045 SALSEMAR ALVAREZ :2 34'.25 F:,*. 21ST 6795 GOODNOW TRUST U) 34Z,5 . 1 E. 21.ST 171,176 JUAN BLAS 31145 E. 21ST 21176 LARRY BRUNELLI 3528 E. 215T 1.2782 ALVARO RAIGOZA -------------- LL 1096 E. 21,11) ST. 15948 CAtJSTR0 LEPE 1155 W. 12 1 Q .SST'. 6725 JOHNS BURGER FOOD BIZARRE ------------------ 0 279:` E. 3RD ST 9929 COZY CORNER c 495 E. 3RD :3T. 6003 LIR17-EK SIDE VILLAGE AFAS�TMENTS .0 5 67 E. 3RD ST. 16557 KATHR.1 NE GONZALEZ 247 E. 40TH 68II BEST CALIFORNIA GAS LTD. *4324 B 280 E. 40TH 19781 CIRCLE K 19 15 E. 40 Fili 6800 WILDWOOD SHELL 4'2 0 -7 W. 40TH 18896 PRIMETIME W., 40TH 1.7470 REDDI ROOTER PLUMBING -----------------....... lb,,-4 W. 401+1 12084 KID CONNECTION m 740 W. 4TH ST. 8497 KCKC 0 W . 5TH 5943 ONKIIN TRAILER SALES ov7 W. 5THI 1e931 DESERT INN 76 5 MOTEL W. 5TH 6749 ROYAL 96 E". 6'41.4 ST. 6765 SCHOOL OF HOPE 2326 W. 6Trl ST. 21214 FRIONTIER CONSTRUCTION 1180 E. 9TH 7468 ASSURED MINI STORAGE .IaO E. 91+1 17491 MIKE LONDON 725 E. 97H 1.9703. TINA EYRAUD 494 E 9TH ST. 15335 DK FRECH CORP. E 3982 ACRE LANE 6020 ED KILLOORE 201 E. AIRPORT DR. 3215 AMC TVIE0,TER 2004 ARDEN 17706 M.B.W. INVESTMENTS 2011 ARDEN 1984 PARK HEIGHTS APARTMENTS T -3134 ARDEA Z 5642 7-11 MARKET .:.:.95 ARDEN 19950 UNITED INVESTMENT GROUP m -------------- 2748 ARDEN 16862 STEPHANIE GA111ANGE 1904 ARGYLE 6946 SLAVICK'S ----------------- 1846 ARGYLE 6032 RONALD SLAVICK 908 N. ARROWHEAD 18547 TOWER MEDICAL E 6e�./*lp � � � ' �mnmnmws�o�� 05^ 22~1995 JACK / 5 DISPOSAL SERVICE Paget 2 \ l � \ ACTIVE CUSTOMER LIST - � � ; Service Address Acct# Customer Name Remark=s � 112 S ARROWHEAD 14043 SOCCER CENTER 408 S. ARROWHEAD 9453 EUROPEAN PERFORMANCE ~~~-~~~ --~~^~~ ~~ 435 S. ARROWHEAD * 16378 C.D.S. LEGAL SERVICES ~~"^~._^_~-`~ oo 595 S. ARROWHEAD 9081 GRANT MUSICK TRUCK PARTS 1375 E. BASELINE 16850 PEPPER TREE DISTRIBUTION 1411 E. BASELINE 18445 BAKERS BURGER MAlNT" ~~~~~~~~~~~-~- 1411 E. BASELINE 18970 NA8LE INC. ~~^~~~~~~~-~~~ 1639 E. BASELINE 19917 THE TREASURE SHOP 1655 E. BASELINE 21219 HOME LUMBER �� � 1679 E. BASELINE 5659 TACO TIA INC. x E. BASELINE 19373 SMOG PLUS ~-�~~~~~-~-~^^^ 11. E. BASELINE 5655 KNIGHTS OF COLUMBUS 208 E. BASELINE 17081 FURNITURE MAN n E. BASELINE 1474 ROYAL PALMS E. BASELINE 6038 SPORT TRAILERS ~-~~~~~-~~~~�^ E. BASELINE 6��8 GEN� 'G TRA8ING POST '~�~--~~-~~--- * E. BASELINE 5652 CHARLES CAR GALES ~~~^^~~~�~~~~~� 1718 W. BASELINE 13472 BASELINE MINI STORAGE ~~^~~-~~-~^~~~ 0 W. BASELINE 1169 HOLIDAY TRUCKING '~~-~°~~~~^~-~-~ "400 W. BASELINE � ~~ /u L� 51 W. BASELINE 6033 ALFRED0'S PIZZA -------------- �� a06 W. BASELINE 6035 7~11 MARKET 794 W. BASELINE 14054 A� PM MI0� MARK�T ~~~`~^~~~~-~-- 799 W. BASELINE 6039 SHELL-MINI MART ^~~~~^�-~~~~�~ 1041 8ENEQICT 9765 S.M. DADEBIAA -°-~~~~~~~~~-~ 675 BIRCH CT" 1Y957 AIRCRAFT TOOL ~~�-`~-°~^~--~~ g. 893 E" BRIER RD 5574 EVELYN BRIER -~-~- 2302 CARRERA ST. 18917 ROGER HALL 2180 ~~~~~--~-^--~~~ �8O Cf/JOW 6078 LIDO MOTEL _:----------- [� 3030 CAJVN =290 ENEDIHA C0RTES -------- 1230 CANYON RD. 694 MITCHELL SLAQERmAW ~-^^~~~°`~~-~^^-^~ 1252~54 CANYON |�D" 5685 KEITH BAqNELL � ~~"^~~~~~~`^~^^~^` 1240 CANYON RD" 6082 JAMES MASSEY ~~~~--~~~~~-~~ 1404 CANYON RD. 5683 K8MAR kOW|�RU ^^^^~-~~-~-~---- � w( 250 E. CAQ0L%w�� 19255 BAJA TILE ~~~�~`--~~--~~~ 295 E. CAROLINE 19847 MIDNIGHT RODEO 217 W. CAROLINE 9493 WICK2S FURNITURE ----~^^^~~~~~~- 1303 CEDAR DR. 6084 JOHN SALAZAR 1147 E. CENTRAL AVE. 6087 JAMES GREEN `~~^^~~~~~~~~~~~ W 1404 W. CHESTNUT 7094 SOUTHERN CALIFORNIA sDISON CQ^ `~---`~~------ wo 125 E. CLUB CENTER DRIVE $794 COSTCD WHOLESALE ~^~`~~-~~~~^^~^^~ 143O COV(.EY CT. �&412 J.P. T��CHNOL�GY °-~~~~~°°~"-~~~ � } � . ! ! 05-22-1995 JACK ' S DISPOSAL SERVICE Page: ACTIVE CUSTOMER LIST 0 c 0 Service Address AcctO Customer Name Remarks CM 1450 COOLEY CT. 12069 D. SALTER CO. 544 S. CRESCENT 19704 CHAPARRAL CYCLE SUPPLY 3701 N. 0 ST. 19147 HILLSIDE MOTEL 00 1663 E. DATE 6116 POSTMASTER 1661 E. DATE 5700 DAVID-RICHARD ELECTRIC 2555 E. DATE 6118 FIRST CHURCH OF GOD -------------- 4248 DAVID WAY 6462 JIM BATCHELOR 4360 DAVID WAY 13474 FRANK BOWMAN ---- -6 -------------- 1895 DEL ROSA AVE. 13541 DEL ROSA 8 CINEMA 2376 DEL ROSA AVE. 4422 DEL ROSA PLAZA 2382 DEL ROSA AVE. t69?8 DEL ROSA HEADS TART -------------- CL _,_•••_,_...._.___._ .. U 2601 DEL ROSA AVE. 8242 PLAZA DEL ROSA Ir 2673 DEL ROSA AVE. 5713 OASIS POOL SERVICE 00 2734 DEL ROSA AVE. 19782 CIRCLE K 2742 DEL ROSA AVE. 5716 MOBIL STATION 2885 DEL ROSA AVE. 14387 AM PM MINI MARKET 2906 DEL ROSA AVE. 6123 DEL ROSA SHELL 2005 DUMBARTON 16964 TONY HILL --------------- 0 101 N. E ST. 19554 MAIN STREET CAR WASH 0 --- - a - ---------- -PMA92 N. E ST. 6155 BERDO CHOPPER 89 . E ST. 7034 LARRY AMMONS L0 N 99 N. E ST. 202 WESTERN DENTAL SERVICE INC. ----------- a 1303 N. E ST. 18830 97 DISCOUNT 0 1.163 N. E ST. 17910 PHOENIX MOTEL ;n 2102 N. E ST., 19434 A TO Z THRIFT STORE 3003 N. E ST. 6160 BARRY HENRY 'S ------------ 3000 N. E ST. 19783 CIRCLE K - 746 N. E ST. 6154 TOWN LODGE III S. E ST. 6151 ASTRO MOTEL 7 1730 S. E ST. 6636 D.J. SALTER CONSTRUCTION 275 S. E ST. 14327 ALL PRO SMOG & TUNE c 1730 S. E ST8EET 7993 D. SALTER & CO. E 348 S. E. ST. 16811 SAN BDNO PIPE & SUPPLY -------------- 3755 EL CAMINO 7610 JAMES GIEBLER 2773 ES •ERANZA 21121 FRONTIER CONSTRUCTION 1525 EUREKA 16144 EUREKA MANOR 1389 FERREE 8696 RUIZ JOSE 2613 FLINT WAY 9152 GREEN TREE GARDEN 2 173 S. 0 ST. 6486 ERLANGER SALES CO. 4472 GEORGIA BLVD. 7180 MCLANE SOUTHERN CALIFORNIA 00 4472 GEORGIA BLVD. 16305 MCLANE SOUTHERN CALIFORNIA r 1604 GUTHRIE 2371 JAMES CALOBREVES U A 05• 22-4995 JACK ' S DISPOSAL SERVICE 4 ACTIVE CUSTOMER LIST Service Address Acc,•W Customer Name Rea,,rV.s;== 21$9 GUTHRIE 19921 DUARTE Aprs .9 570 N. 14 ST. 6206 SUNSHINE MOTEL 555 S. H STREET 19581 CARLONE CONSTRUCTION 3909 HALLMARK 8974 UNIVERSITY SHELL, 4345 HALLMARK 14122 CUMBERLAND WEST ........................ 4695 HALLMARK 21268 MC LANE SOUTHERN CAI-IFORNIA 4835 HALLMARK 1.8000 WATSON MEDICAL LAB. :2 51f35 HAI ------ 0 _LMAR K si.ao s'rr-)I'E COIAJ'E(A-_ SELF STORAGE S85 E. HARRIMAN 6583 SAM'S CLUB 146624 SGe E. HARRIMAN 21029 MAGNUM ENTE­-RpR:Es1-_-!3, 11,10. ------------- 897 E2. HARKIMAN 9431 SPORTSMAR'T ......... LL 1200 F. Hl[.',Iil-AHD AVI 6474 MING CHI CHENO 161.7 E. HIGHLAND AVE 14 111L.L.ER'S OUTPOST 0242 .............. 0 c 1645 E7, HIGHLAND AVE 8736 DEL ROSA PLAZA .............. :1.668 E. HIGHLAND AVE 17570 A PLUS AUTOMOTIVE 1.722 E. HIGHLAND AVE 6478 CHIEF AUTO PART 023711 < 1790 E. HIGHLAND AVE 3848 EARLY CALIFORNIA S! J-900 C. HIGHLAND AVE 6481 HIGHLAND NAPA ----------------- m 2005 E. HIGHLAND AVE 15567 ROCKY MARKET 0 Q'�25 E. HIGHLAND AVE 8735 GROCERY WAREHOUSE 25 E. HIGHLAND AVE 9793 STERLING PLAZA PARTNERS 94 E. HIGHLAND AVE 174,61� BLOCKBUSTER VIDEO 006:-�02 ... ... 21741 E. HIGHLAND AVE 7223 HIGHLAND VILLAGE INVESTORS .......................... .2 '2'402. F. HIGHLAND AVE: MR81.2 HIGHLAND 'TEXACO ---------------------- 00 2366 E. HIGHLAND AVE. -- - -- 9294 TWO GUYS ITALIAN RESTAURANT ---- --- - 0 2 2692 E. HIGHLAND AVE 6494 FIESTA HILL MOBILEHOME PARK 12912 E. HIGHLAND AVE 6480 O'FLANARY'S FARMERS MARKET 34()'. , I E,- HIGHLAND AVE 19779 CIRCLE K .1505 E. HIGHLAND AVE 1184 , ONE..---ELEVEN DEVELOPMENT CONST --------- 3606 E. HIGHLAND AVE-- 6490 MOUNTAIN SHADOW CHE _VRON 3644 E. HIGHLAND AVE 20296 CUCA 'S, MEXICAN FOOD 3654 E. HIGHLAND AVE 19936 SALVATION ARMY .....• E 365'4 E. HIGHLAND AVE Q 16556 HIGHLAND STAK, CENTER 3702 E. HIGHLAND AVE 17t7 DEL TACO #241 -------- --------------- < 3708 E.. HIGHLAND AVE 19758 EAST HIGHLAND AUTO TECH 0 4000 E. HIGHLAND AVE 19190 HIGHLAND 3,. BOULDER PARTNERS 2 4070 E., HIGHLAND AVE 19583 APPLEBEE'S GRILL & PAR c 4030 E. HIGHLAND AVIE 18842 ROSS STORE #294 4120 E. HIGHLAND AVE 19340 REDLANDS FEDERAL ------------- ,4150 E. HIGHLAND AVE 19037 BURGER l(ll.4(3 -------------- 766 E. HIGHLAND AVE 7937 SHERMAN PLUMBING i1630 W. HIGHLAND AVE 6476 HIGHLAND 1-UMBER Co ----------- E i ' ! � JACK 'S DISPOSAL SERVICE Page: 5 15 ACTIVE CUSTOMER LIST Service Address Acct# Customer Name Remarks c 1933 W. HIGHLAND AVE 16266 AM HM MARKET 2087 W. HIGHLAND AVE: 6017 THRIFTY OIL. 0325 687 W. HIGHLAND AVE 20480 JOSE'S TIRE SHOP | 695| W H�GHLAND AVE 6238 AMERICAN FAMILY DENTAL CARE / 991.1 W. HIGHLAND AVE 6016 THRIFTY 011- #,327 7,056 HOPE ST 18320 CAR8LYN HARRIS 984 6OPE ST 1897 MARY RUlZ 118 F. HOSPITALITY LN" 1826 EL TQR%T�J SAN 8ERNARDINO #14� �� 205 1 7^ HOSPITAL.ITY LN. 6502 LA QUINTA INN 225 E. HOSPITALITY L.N. 20556 TRAVEL LODGE ............ u. 239 E. HOSPITAL IrY LN. 9868 SPOON'S RESTAURANTS INC. 294 E. HOSPITALITY LN" 6501 SUPER @ MOTEL 4915 E. HOSPITALITY LN. 21118 HK MERRON COHGTRUCTION n 675 E. HOSPTTALITY L.N. 13716 OFFICE CLUB INC, 0842 7Q4 E. HOSPITALITY i.N" 21216 HK MERRON CONSTRUCTION 855 E. HOSPITALITY LN" 8620 LA PETITE 67s6 G" I ST 8952 BELL ROOFING 495 INDUSTRIAL R0^ 9752 DEMAR BARON POOL PLASTERING 54Z5 INDUSTRIAL &G" 1114 MANNESMANN dEMAG CU8p" 7OO KENDALL 2450 KENPAiL TOWERS ~~~~^~~--~~^~~~ �[ YO kEN8ALL 16383 kE-NDALL PARK APARTMENTS c +()`) KENDALL 6514 THE RUSTIC INN m S24 KENDALL 20308 ADVANCED AUTO SERVICE ~~~~~~ G42 K�NDALL � 6515 WOODEN NICKEL -^~~----~~~~~~ -~~�-......~~~~~~~ z 1;49 KENQALL 14028 PAYLsGG DRUGS 959 KENDALL 18315 BLOCKBUSTER VIDEO 4406292 T 263 LENA RD 5791 BIRMIWQWAM WIPERS 624 S. LINCOLN 11.391 HUNSAKE8 CORPORATION 1199 L.YNWQOD DIR.. 6524 SHAMNAS FOREIGN REPAIRS 1.225 LYNWOOD DR. 6526 GPURTSPAGE BAR & ORILL 152S LYHWOQ6 0R. 61128 �/NW0OD PARK 1,900 LYNWWVD DR. 6529 THE CHURCH IN SAN BDN8 1997 MARSHALL 16c�42 G8w0 TEACHERS ASSOCIATION ~~~^-~,~~~~^~�~ 1377 MASSACHUSETTS 6539 SIERRA LAND GROUP INC �~~�..° 2176 MC KINLEY 19466 JOSE D8MINGUEZ 2194 MC KINLEY 9314 JAMES BURCHE8 ~~~~~~..~~~~~~ Mh 2195 MC KINLEY 3984 JOE POWERS ,-~~--~�~-~~~~ 1 2111 M2YERS RD. 14277 NANCY JACCQBS | 111 E. MILL ST" 71@3 GQVERKRUP LUMBER 318 W. MILL ST. 6547 U.S.A. CHECK CASHIERS 787 W. MILL ST. 18580 UMIS0UKCE CORP. 889 W. MILL ST. 15407 CHAPARRAL CYCLE SUPPLY � 05--22-1 1995 JACK 'S DISPOSAL SERVICE PAge: 6 ACTIVE CUSTOMER LIST .2 Service Address Acc L# Customer Name Remark.s c m 908 W. MILL ST. 65e43 YU111 YU14 DONUTS #4fj ou 37,62-64--66 MOUNTAIN VIEW 101,0 DON DEVI.-IN ................................... 106 N. MT VEI: NCI,j $807 KEENAN 'S ROCKET (n 11,01. N. MT VERNON 5808 PETE'S LIQUOR .......... 2 1498 N. NT VERNON 6553 OASIS MOTEL 1495 N. MT VERNolq 6554 MOJAVE MOTEL, 2036 N. MT VERNON 6557 SHARENE MOTEL -------- 2044 N. FIT VERNON 18238 PRECISION PAINTING & DECORATING U)6 565 N. M7 VERNON 9963 COUNTY OF S.D. 739 N. MT VERNON 8267 YOUR MARKET CENTER N.A.F.B BLDG 4516 14442 CDNF:PC 0. N.A.F.S. BLDG R707 14087 LOCKHEED COMMERCIAL AIRCI:mi---r cEN 2141 NEWCOND 19037 DAN HALE --------------- c 2.1.94 NEWCOMB 6605 CLAYTON I(AUTZMAN 365 NORMAN RD., 12166 JAVIER LEPIE --------------------------- .2 504 NORMAN RD. 11419 REFUGIO PEREZ ...... 664 NORMAN RD. 6597 MOR SERVICES .2 948 NORMAN RD. 1781.5 CATHY BRADLEY -2 936 NORMAN RI). 0 7922 RAOUL CHACON JR. 0 0 2.09 W. OAK ST. 15363 AFFORDABLE AIR CONDITIONING 0 W. OAK ST. 5915 WELCH'S OVERALL CLEANING --_---_`_-_`_-`_-_-``"" c -D WATERMAN CANYON RD. 6634 ARROWHEAD BOTTLED WATER COMPANY m 5092 N. ORANGE DR.. 6714 SPORTSMAN CLUB c 2135 ORANGE SHOW RD 20217 J.R. FILANC CONSTRUCTION 479 ORANGE SHOW RD 7866 TARGET STORE 5 -."--•--.....------••--`-- ,.20 ORANGE SHOW RD 7093 ORANGE SHOW SERVICE CENTEF� 3.960 OSTRE1113 WAY 1179 MOTEL 6 1990 OSTREMS WAY 7646 TACO BELL # 3838 2000 OSTRENS WAY 12164 RAMADA'"INN 2050 PAC1171C 7059 MOUNTAINSIDE COMMUNITY CHURCH ------- 2677 PACIFIC 64e2 SHIRLEYNE. MARODA ......... 1039 E. PACIFIC 6614 BAGNELL 'REAL ESTATE SERVICE 1244 E. PACIFIC 3951 CHURCH OF JESUS CHRIST OF LDS 1414 PALM 5333 MESSIAH LUTHERAN CHURCH 15975 N. PALM 21144 DENNY'S --------------- 59S5 N. PALM 14652 AN PM MINI MARKET ---------- T 1304 NORTH PARK 5160 EXPRESS MARKET 105 S. PEPPER :L9780 CIRCLE K -------------- c m 255 S. PEPPER 19584 COBRA INDUSTRIES —------------ LL 6737 PERRIS HILL PARK RD19585 NEWPORT TUX -----—-------- u •020 PICO AVE 9792 CHRIST TEMPLE CME` CHURCH 404ri 1-7. PIEDMONT 16878 STUBBLEFIELD CONST. FOR MT SHADO -------------- C9 OS-22-1993 JACK ' S DISPOSAL SERVICE Page.- 7 0 ACTIVE CUSTOMER LIST c .0 = Service Addr�sAddress, AcCtW Customer Name Remarks 593 PIONEER 17173 CST ORGANIC RECYCLING 599 PIONEER 5850 HOME L.UMBER 1122 PONDEROSA 20860 TED DORNEY Cn 1873 PUMALO 20999 DEAN CARPENTER 101 E. REDLANDS BLVD. 7184 HOME BASE 111. E. REDLANDS BLVD. 6627 MOTEL 6 238 E. REDLANDS BLVD. 9507 TACO BELL H3866 :2 305 E. REDLANDS Bl.VD, 6631 PRESTIGE STATION INC. 0714 -6 495 E. REDLANDS BLVD, 5859 SOUTHSIDE SALOON 685 E. REDLANDS BL-VD. 14011 HOSPITALITY CAR WASH 2097 Rl-.--EDY 53(,1 E.H. BRADSHAW RIALTO R. ALLEN 16438 GRIDIRON CONSTRUCTION RIALTO & RANCHO ( TIE YAR18615 PACIF-rC RAILROAD SALVAGE a 0 979-85-89-95 RIALTO AVE.21177 PAUL LOVA c 986 E. RIALTO AVE. 20257 GEORGE HOPPER --------•--__-__-..__..... .2 7.635 W. RIALTO AVE. 15599 RAP TRANSMISSION & WAREHOUSE < 1903 W. RIALTO AVE. 2028 A & R TRANSPORT w 1958 W. RIALTO AVE. 17885 THE. LETTUCE PATCH ------------- 1962 W. RIALTO AVE. 16267 BEST AUTOMOTIVE CENTLR --------------- ,�-Q47 W. RIALTO AVE. 6638 VIKING TIRES IL 0 266 S.MOUNTIAN VIEW 65621 DONNA FAIRER ....... 0 SHOWCASE DR, 9291 HARMON AUTO CENTER, INC 3993 N. SIERRA WAY 3936 CELEBRITIES 4360 N. .2 SIERRA WAY 14726 MUSIC ROOM 0 762 N. SIERRA WAY 0 13966 NBI GENERAL CONTRACTORS 323 S. SIERRA WAY 7186 INLAND ACOUSTICS & INSULATION 455 S. SIERRA WAY 6665 ROSS MACHINE AND MANUFACTURING 2772 STERLING 6674 APUINAS HIGH SCl-lOOL --------------- 287 S. STODDARD 6267 AMERICAN MEDICAL DEVICES ------- 439 S. STODDARD 8835 WEBBER ENGINEERING 861 SUNNYSIDC 13537 PORFIO GONZALES c 2024 SUNRISE -------------- 0 18573 RAUL DE LATORRE E 2025 SUNRISE 13945 ELrNoy GLA,�GOM -------------- 2034 SUNRISE 19193 UNITED PROPERTY • INVESTMENT 2044 SUNRISE 6646 JIM CLOPTON -------------- 2054 SUNRISE 6648 JIM CLOPTON .2 2064 SUNRISE 20795 GREAT WESTERN BANK u 2104 SUNRISE 17751 ISABEL STERSING ---------------- 2183 SUNRISE 6658 GEORGE S. WALKER ------------ 2641-43-45-47 TAYLOR RD 8681 FROYLAM DAMAS --------------- n7,5 TENNIS COURT LANE 2382 METROPOLITAN AUTOMOTIVE WAREHOUS -------------- 1271 S. TIPPECANOE 17842 THE GAGE CANAL -------------- -------------- E y5 /3g F8An I JACK 'S DISPOSAL SERVICE page: a 0 ACTIVE CUSTOMER LIST Service Address AcctO Customer Name a 1914 S. TIPPECANOE 6686 UNIVERSITY INN MOTEL UO 1915 S. TIPPECANOE 6689 LOMA LINDA AUTO ELECTRIC 1944 S. TIPPECANOE 6690 IN •N—OUT BURGERS INC. 031 -------------- COO 2059 TURRIL.L. 6691 BROWN'S LAWNMOWER REPAIR -----y-------- 3810 UNIVERSITY PKWY 2 18644 AM PM MARKET -------------- 4155 UNIVERSITY PKWY 21146 ELEVEN WESTERN BUILDERS ------i------- 4694 UNIVERSITY PKWY 21240 BUILDING COLLABORATIVE -------------- :2 5500 UNIVERSITY PKWY 19992 PEPPER CONSTRUCTION -------------- 0 5500 UNIVERSITY PKWY 19889 TILE TRENDS -------------- U) 3830 VALENCIA 20783 JAMES MC DERMITT -------------- 0: -------------- IL 1550 VICTORIA 6628 RIM OF THE WORLD FIREPLACE U 1560 VICTORIA 8916 EWING IRRIGATION PRODUCT -------------- 1570 VICTORIA 6177 MORRISON ENGINEERING Co. ---------7---- 1590 VICTORIA 20100 SECURE TRANSPORTATION -----------'--'- 0 1068 N. WATERMAN 5914 ACE RADIATOR .2 2395 N. WATERMAN 5917 ROLLINGS CHEVRON ---------------- 651 N. WATERMAN 6708 FRANK'S WHOLESALE MEATS - -------------- 827 N. WATERMAN 5913 MERRELL'S AUTO -------------- -73 1105 S. WATERMAN 18036 GABRIEL CORONEL ------ 1145 S. WATERMAN 5918 FRANK'S FENCE & SUPPLY CO. ,INc- -------------- `51 S. WATERMAN 6101 GENERAL TELEPHONE --------------- —,494 S. WATERMAN c , 5915 S.A. GOLF CLUB -------------- M 1750 S. WATERMAN 48 E. Z. S MOTEL, INC. a 1850 S. WATERMAN -------------- .2 20998 C & 0 CONSTRUCTION 00 -------------- 1930 S. WATERMAN 5916 INLAND PETROLEUM 1950 S. WATERMAN 6710 HILTON UNION-76 -------------- An 495 S. WATERMAN 18611 AM PM MARKET -------------- 501 S. WATERMAN 13617 ARROW AUTO AIR & TRANSMISSION ---------------- 649 S. WATERMAN 5911 CARPET MASTERS ------------- 680 S. WATERMAN 1513 PENCU BUILDERS, INC. '"'_---------- 711 S. WATERMAN 5922 DAVID DONOVAN 993 S. WATERMAN — ------------ 9444 ROMERO'S *FQOD PRODUCTS E ------------ rn .Ln U LL QI C U M U FPacket Pg. 277 RESOLUTION NO. 9e-its 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN � AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO y 3 AND JACK'S DISPOSAL, INC., RELATING TO REFUSE DISPOSAL m 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 3 6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directec o N 7 to execute on behalf of said City an amendment to an agreement with Jack's Disposal, Inc., a 8 relating to refuse disposal in the City of San Bernardino. 0 9 SECTION 2. The authorization to execute the above referenced amendment to the `o 10 agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of d 11 the passage of this resolution. o 12 13 o 14 u N 15 16 17 18 ,E� 19 a U 20 r J 21 Y u 22 0 23 w 24 E 25 E 26 E 27 $ May 30, 1996 1 a 28 Packet Pg.276 '. RES 96-175 i 8.A.o RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINC 1 AND JACK'S DISPOSAL, INC., RELATING TO REFUSE DISPOSAL v 2 c I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor ands, 3 ° Common Council of the City of San Bernardino at a regular meeting thereof, held on the v 4 d 17th day of June 1995, by the following vote, to wit: 5 ; 6 Council Members AYES NAYS ABSTAIN ABSENT c N 7 NEGRETE x IL 8 CURMN x C 9 ARIAS x — — _ o 10 OBERHELMAN x m 11 — — — — DEVLIN — _ x — o 12 a 9 13 ANDERSON x 2 14 MILLER x I V N 15 0 16 ` N 17 City Clerk 18 E The foregoing resolution is hereby approved this diday of 19 June 1996. a U 20 / 21 l up TOM MINOR, Mayor u 22 City of San Bernardino Approved as to form and 3 legal content: 24 E James F. Penman, c 25 City Attorney E a 26 B iir d E 27 May 30, 1996 2 ° 28 iPacket Pg:279 ' RRS 96-175 96-175 — I FIRST AMENDMENT TO FRANCHISE AGREEMENT v 2 THIS FIRST AMENDMENT TO FRANCHISE AGREEMENT made and entered into this 3 day of 1996, by and between the CITY OF SAN BERNARDINO,a charter D a 4 city of the State of California ("the City") and Jack's Disposal, Inc., a California corporation in N 5 ("Grantee"); 3 9 6 WITNMEIH: o N 7 WHEREAS,the parties entered into that certain Franchise Agreement dated May 25, 1995, ii 8 for the collection, transportation, and disposal of solid waste and construction debris and for z 9 providing temporary bin/rolloff services("the Franchise Agreement"),and `o c 10 WHEREAS, Subsections A and F of Section 20 of said Agreement provided that u a 11 amendments and modifications could only be in writing, and a N 12 WHEREAS,the parties desire now to amend said agreement in order to specify, define and c CL 13 clarify certain portions of said Agreement, m 14 NOW,THEREFORE,the parties hereto agree as follows: o N N 15 1. Subsection I of Section 2 of said Franchise Agreement is hereby amended to read as 'u j 16 follows: °. 17 "I. Temporary Bins. N 18 `Temporary Bins' shall mean all bins which are placed by Grantee upon user's request at a location within the City limits for a period not to exceed E 19 ninety(90) or one hundred eighty(180)days, as provided in Section 4.0 of d this Agreement. Said period must be separated by a minimum lapse of thirty 20 (30)days prior to renewal of`Temporary Bin' status for any service rendered by Grantee at said location." 21 2. Section 3 of said Franchise Agreement is hereby amended to read as follows: m' 22 w "3. Franchise Area: Grandfathered Accounts. 23 The Franchise Area granted by this Franchise Agreement shall be all o 24 residential, commercial, and industrial accounts within the City of San Bernardino;provided however,that such Franchise Area shall be limited to c 25 those regular accounts `grandfathered' by the City which were acquired by E the Grantee prior to January 1, 1994, and as are set forth on Exhibit `A . c 26 Temporary accounts shall not be limited to the grandfathered accounts and may be acquired by Grantee from time to time. Grantee's accounts in a 27 geographical areas not currently within the City of San Bernardino but which are annexed by the City after the effective date shall become part of the m 28 Franchise Area on the first day following the month such annexation is r / U / r II \\ DAB/tbm[Jacks.Agr] 1 C Packet Pg;280 . RC5 Y6-1/7 _8.A.o . I 1 completed by the Ciry. Within thirty(30)days after a written request therefor by the City,Grantee shall provide City with a written list of customer names 2 and service addresses for all current accounts in subsequently annexed areas which list shall be incorporated into this Agreement as part of Exhibit`A' . 3 City shall not intentionally solicit Grantee s accounts within the Franchise Z Area or Future Annexed cas, however such accounts may discontinue d 4 Grantee service and contract for City service at their option. Such accounts rn may not contract with any other service provider. In the event that a w 5 customer elects to contract with the City for the services contemplated herein, 3 and Grantee's services are discontinued for a period in excess of one(1)year, v 6 said account may not return to Grantee. In the event a customer of Grantee o listed on Exhibit`A' moves to a location where the City provides the services to 7 which are the subject matter of this Franchise Agreement,the Grantee will iY no longer be permitted to provide such service to said customer. However, 8 Grantee shall be permitted to continue to provide service to any new customer opening and/or assuming the account for the original location, 9 unless the location is vacant for a period of one(1)year or more, in which o case the right of Grantee to provide such service is terminated." o 10 - 3. Subsection A of Section 6 of said Franchise Agreement is hereby amended to read as a 11 d follows: 12 c "A. Grantee shall ensure that recycling programs are made available for a 13 all of its customers served by this Franchise Agreement. Said recycling programs shall be subject to the approval of the City's Public Services 14 Director. However, said approval shall not be unreasonably withheld, nor o shall the City or its Public Services Director impose conditions upon Grantee 15 which are greater than those included in any applicable recycling program adopted by the City,or more onerous than those diversion goals required by w 16 AB 939, or any applicable subsequent state or federal legislation." ° �o 17 4. Subsection C is hereby added to Section 7 of said Franchise Agreement to read as follows: N 18 "C. Any of the Franchise Fees not paid to the City within thirty(30)days a after the close of each month shall become delinquent and shall thereafter E 19 accrue interest at ten percent(10%)per annum,but shall not exceed the legal d rate. The City shall cause written notice of such delinquency to be mailed or a 20 delivered to Grantee. Any Franchise Fees which are delinquent for more than thirty(30)days after the date of said notice may constitute a material breach r 21 of this Franchise Agreement pursuant to Subsection O of Section 20 hereof if the City so elects." m 22 JA 5. Subsection D is hereby added to Section 13 of said Franchise Agreement to read as v 23 follows: g 24 T. Grantee's tonnage report as required by this Franchise Agreement a 25 should be substantially consistent with the tonnage attributed to Grantee as reported by the County of San Bernardino and/or any other county. In the 26 event of a five percent(5%) or more discrepancy in the amount of tonnage v attributed to Grantee in the respective reports generated by Grantee and an y a 27 county,the City shall cause written notice of such discrepancy to be mailed • or delivered to Grantee and Grantee shall be given an opportunity to resolve d 28 the discrepancy and/or submit to the county a copy of the tonnage report filed r QDAB/tbm Packs.Agr] 2 Q Packet Pg. 281 RES 96-175 , B.A.o c 0 1 by Grantee with the City. Failure of the Grantee to do so within thirty (30) '1� days of the date of said notice may constitute a material breach of this 2 Franchise Agreement pursuant to Subsection O of Section 20 hereof if the City so elects." 3 A 6. Subsection M of Section 20 of said Franchise Agreement is amended to read as follows: m 4 "M. Rieht to Audit. Z 5 rn Upon fifteen(15)days written notice,the City shall have the right to audit the H 6 records of Grantee relevant to this Franchise Agreement. The audit shall be 3 performed on Grantee's premises, during normal business hours,and at the v 7 City's expense." 0 rn 8 7. Subsection O is hereby added to Section 20 of said Franchise Agreement to read as Ir IL 9 follows: 10 "O. Breach of Contract. o 11 In the event either party to this Franchise Agreement elects to declare a material breach thereof by the other party, written notice of the purported 12 breach shall be mailed or personally delivered by the party declaring the 2 breach to the other party. Said party shall have thirty(30)calendar days from a 13 receipt of notice, including the date of receipt, in which to cure, remedy,or o commence to cure or remedy the breach to the reasonable satisfaction of the c 14 other art y. If the purported breach is not cured or remedied within said thirty(F30)day period to the reasonable satisfaction of the party declaring the 0 15 breach, or if the breach is such that it cannot be cured or remedied within `o_ such period,then if the party has not taken substantial steps to commence to y 16 cure or remedy the breach,to the reasonable satisfaction of the other party, then the injured party may seek redress pursuant to Subsection B of Section c 17 20 of this Franchise Agreement." M 18 8. Except as amended herein,said Franchise Agreement shall remain in full force and effect. 19 /// E 20 rn 21 /// a v 22 9 23 /// m YJ Y U 24 /// 0 25 c 26 E a 27 //1 28 /// a c a DAB/tbm[Jacks.Agr] 3 u N Q Packet Pg:282 f RES 96-175 a1.A.o c 1 First Amendment, Jack's Disposal, Inc. Franchise Agreement. 0 a 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to 3 m Franchise Agreement on the day and date first above shown. 4 .2 5 JACK'S DISPOSAL, INC. y "GRANTEE" m 6 � 3 7 By N 8 WephvAvakian, rest ent 9 LL CITY OF SAN BERNARDINO 10 0 C 11 o By tit 2A 12 1 om Minor, Mayor a .N 13 0 ATTEST: a 14 c m c 15 4 16 13 RACiJEL C --tty eZ rc 0 N_ 17 APPROVED AS TO FORM 18 AND LEGAL CONTENT: 19 JAMES F. PENMAN a City Attorney E 20 d rn 21 a U B h? m 22 m 23 Y U 24 0 25 c 26 E 9 C 27 E a 28 c a DAB/tbm [Jacks.Agr] 4 m a `-P76 �Pg:2$3 ''' ' (See Also flea 1999-212) 8.A.p c 1 Resolution No. 1999-213 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING c 3 TRANSFER OF FRANCHISE AGREEMENT FROM JACKS DISPOSAL INC. TO 0 BURR GROUP,INC.,SUBJECT TO CONDITIONS. d 4 WHEREAS,on May 1, 1995, the Mayor and Common Council adopted Resolution No. 5 a 95-138 entering into a Franchise Agreement with Jack's Disposal, Inc., for the collection, 6 2 7 transportation, recycling and disposal of solid waste and construction debris, and for providing ar d 8 temporary bin/rolloff services and on June 17, 1996, the Mayor and Common Council adopted 3 9 9 Resolution No.96-175 amend ng said Franchise Agreement;and o H 10 WHEREAS, the City of San Bernardino received a formal request to transfer the rc U. ll a franchise from Jack's Disposal,Inc.to Burr Group,Inc.;and 12 0 WHEREAS, pursuant to the Franchise Agreement,the franchise shall not be transferred, eo 13 'i I 14 sold or assigned except with the express prior written consent of the City of San Bernardino, a 15 which consent shall not unreasonably be withheld; o 0. 16 NOW,THEREFORE,BE IT RESOLVED BY THE MAYORAND COMMON A COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 17 ° SECTION 1. Within 180 days of transfer of assets to Burr Group, Inc., Burr Group, Inc. 18 24 shall transfer all permanent single family residential accounts to the City of San Bernardino. Such 19 20 transfer is necessary in order to ensure that all residential customers receive identical services as N 21 provided to current customers of the City, reduce the potential for confusion of residents 5 22 regarding their refuse service provider, and ensure full compliance with the California Integrated 00 23 Waste Management Act of 1989 ("AB939"). In exchange, the City shall identify and transfer to 24 a Burr Group, Inc, a certain number of commercial accounts which shall equalize the annual E 25 w revenues of this transfer. Both parties shall work together to ensure a smooth transition. Said v 26 transfer of accounts shall be memorialized and approved by Burr Group, Inc. and the City within 27 28 180 days of the transfer of assets, as an amendment to the Franchise Agreement. d E s u A,pm 10,1999 I Q r 1999-213 &A.P f' c 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING o 2 TRANSFER OF FRANCHISE AGREEMENT FROM JACK'S DISPOSAL, INC. TO c BURR GROUP,INC.,SUBJECT TO CONDITIONS. C 3 ° SECTION 2. Effective September 1, 1999, the transfer of all rights, benefits, `d 4 duties and obligations of the Franchise Agreement from Jack's Disposal, Inc.toBurr Group, Inc. is 5 hereby approved, subject to Section 1 of this resolution and the conditions set forth in the m m 6 I 7 Franchise Agreement by and between the City of San Bernardino and Jack's Disposal, Inc., a copy w N 8 of which is attached hereto as Exhibit "A" (1995 Agreement and 1996 Amendment) and v_ 9 incorporated herein by this reference as if set forth in its entirety. 'o 12 c 13 14 a 15 o N a 16 A 17 / / / / / 2 N 18 19 M 20 21 z � 22 m' 0 23 Y 24 25 / / / / / o 26 c m 27 E s U A August 10,1999 2 Q 1999-213 .. .&A.p.: 1 c RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING o 2 TRANSFER OF FRANCHISE AGREEMENT FROM JACKS DISPOSAL, INC. TO w BURR GROUP, INC.,SUBJECT TO CONDITIONS. 0 3 0 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and m 4 ; 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on v m 6 the 16th day of August 1999,by the following vote,to wit: d 0 7 Council Members: Aves Nays Abstain Absent rn m 8 ESTRADA x — 9 LIEN x -- — o N 10 McGINNIS x u 11 x a SCHNETZ LL 12 c VACANT - 5th ward 0 13 -- o 14 ANDERSON x a d 15 MILLER x H 0 a 16 t 17 Rachel Clark,City Clerk o 18 City of San Bernardino 0 0 19 The foregoing resolution is hereby approved this day of o 4 0 20 August 1999. 0 21 Y 22 Be ty Dean Anderson � 23 Approved as to form and Mayor Pro Tom a i Legal content; 24 w James F. Penman,City Attorney 4 25 E BY: �/LV.var, w 26 d 27 28 d E r U A Augiut 10, 1999 J Q 95-138 �. 1999-213 c d O y O C O C d AGREEMENT ' a c d N d u bdween d U) d w d 3 THE CITY OF SAN BERNARDINO N ti IL JJ LL and C O 0 O u a JACK'S DISPOSAL, INC. N N 0 a a G d C FOR THE COLLECTION, TRANSPORTATION,AND DISPOSAL OF H SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING TEMPORARY BIN/ROLLOFF SERVICES o M O N d co co O N Y u a E 0 v N C d F C d E L u m a a Packet 1999-213 i 0 O TABLE OF COMZN7S w `0 c �p O EA C d d • .O Recitals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 `m Ul a 1. Grant of Commercial, Residential, Construction, Industrial, and Temporary Bin Franchise. . . . . . . . . . . . . . . . . . 2 N v 2. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 w m A. AB 939. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B. Bins. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 C. Compostable Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 °w D. Future Annexed Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 E. Grantee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 a F. Recyclable Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 G. Recycling Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 c H. Solid Waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 O I. Temporary Bins. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 c U 3. Franchise Area; Grandfathered Accounts. . . . . . . . . . . . . . . . . . . 4 Q m a 4. Services Provided by Grantee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 N 0 a A. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 v B. Commercial, Industrial and Multi-Family Residential. 4 (1 ) Multi-Family Weekly Service. . . . . . . . . . . . . . . . . . . . 4 c (2) Commercial and Industrial Weekly Service. . . . . . . 5 y (3) Single Family Residential. . . . . . . . . . . . . . . . . . . . . . 5 C. Temporary Bin/Rolloff Services. . . . . . . . . . . . . . . . . . . . . . 5 ° D. Commercial, Industrial, and Residential Recycling o Programs . . . . . . . . . . . . . . . . . . . . . 5 c ( 1) Single Family Residential Recycling Programs. . . 6 c (2) Commercial and Industrial Recycling Programs. . . 6 t (3) Temporary Bin/Rolloff Recycling Programs. . . . . . . 6 r 5. Disposal of Solid Waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 m 0 6. Recycling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 w '4 7. Franchise Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Q 8. Term; Extensions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 e `w N C N F C d L V A Q Daflrol 9J'�13� 1999-213 c m O TARP F OF CONIFPM y - `o c E m d D: 9. Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 c vA. Residential Rates. . . . . . . . . . . . . . . . . . . . . . . . . 7 u B. 'Commercial and Industrial Rates. . . . . . . . . . . . . . . . . . . . . 8 'Z C. Temporary Bin Rates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 y D. Notice of Rate Changes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 m E. Notice to City; Recycling Fees. . . . . . . . . . . . . . . . . . . . . . 8 10. Franchise Transferrable; City Consent Required. . . . . . . . . . . 8 a 6 11. Franchise Transfer; Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ur ti o: 12. Privacy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 0. LL LL' 13. Reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 0 C 14. Liability Insurance Coverage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 U a 15. Workers ' Compensation Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . 10 w a 16. Hold Harmless. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 e a 17. Collection and Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 v c m 18. Public Access to Grantee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 co A. Office Hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 w B. Service Complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 u C. Government Liaison Person. . . . . . . . . . . . . . . . . . . . . . . . . . . 12 0 19. Household Hazardous Waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 tOI 0 N 20. General Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 u m A. Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 t B. Attorney's Fees. . . . . . . . . . . . . . . . . . . . . . . . . 13 m C. Compliance with Applicable Law. . . . . . . . . . . . . . . . . . . . . . 13 0 D. Compliance with Franchise Agreement. . . . . . . . . . . . . . . . . 13 E. Counterparts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 v F. Entire Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 a G. Exhibit Incorporated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 E H. Force Majeure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 I. Gratuities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 m J. Independent Contractor. . . . . . . . . . . . . . . . . . . . . . . . . 14 n K. Law to Govern; Venue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 `m L. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 M. Right to Audit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 c N. Validity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 E L U a Packet P 95-138 1999-213 AGREEMENT between O 0 THE CITY OF SAN BERNARDINO and c M N JACK ' S DISPOSAL , INC . v FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF y m SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING m TEMPORARY BIN/ROLLOFF SERVICES v 0 N 6 R' This Franchise Agreement (the "Franchise Agreement" ) is a entered into this P5Fk day of IYta r 1995 (the "Effective Date" ) , by and between the City of San Bernardino (the "City" ) and c Jack's Disposal, Inc. (the "Grantee" ), for the collection, a transportation, and disposal of solid waste and construction debris 2 and for providing temporary bin/rollo£f services. G v RECITALS a N N O WHEREAS, the Legislature of the State of California, by a vi enactment of the California Integrated Waste Management Act of 1989 � ( "AB 939" ) , has declared that it is within the public interest to 0 � authorize and require local agencies to make adequate provisions .2 for solid waste and construction debris handling within their jurisdictions; and u Vi WIIERF.AS, pursuant to California Public Resources Code Section o 40059(a)( 2), the City of San Bernardino ( "City" ) has determined o that the public health, safety, and well-being required that a franchise be awarded to a qualified enterprise for the collection, transportation, and disposal of solid waste and construction debris r and for providing temporary bin/rolloff services in residential, commercial, construction, and industrial areas in the City of San o Bernardino; and w Y WIIERE4_v, the Common Council of the City of San Bernardino declares its intention of maintaining reasonable rates for the E collection, transportation, and disposal of solid waste and o construction debris and for providing temporary bin/rolloff services within Franchise areas; y c M NOW, TMMEFORE, THE PARTTF,S AGREE AS FOLLOWS: C O E r U A Q Packet Pa.290 9J/3jj 1999-213 $•A•P c m AGREEMENT .0 0 1. Grant of Commercial Residential Industrial and Temoorary c Bin Franchise. c d This Franchise Agreement grants a franchise as provided herein and pursuant to Chapter 8.24 of the San Bernardino Municipal Code .n Relating to Garbage and Rubbish (hereinafter, "Chapter 8.24" ) and c m California Public Resources Code Section 40059(a)(2) to Grantee, a for the collection and transportation of recyclable and compostable v materials, and for the collection, transportation, and disposal of solid waste and construction debris and for providing temporary N bin/rolloff services in commercial, residential, and industrial ;' areas within the City of San Bernardino. Notwithstanding the refuse collection services provided by the City, so long as this Franchise Agreement remains in effect Grantee shall have the right :2 and privilege to collect commercial, residential and industrial (nn refuse in the Franchise Area. u; z a LL 2. Definitions. c 0 Whenever any term used in this Franchise Agreement has been o defined by Chapter 8.24 of the San Bernardino Municipal Code or Division 30, Part 1, Chapter 2 of the California Public Resources Q Code, the definitions in the Municipal Code or Public Resources a Code shall apply unless the term is otherwise defined in this .2 Agreement. a0 n A. A8 939. � c "AB 939" shall mean the California Integrated Waste 2 Management Act of 1989, as it may be amended from time to time. _N (1 B. Bins. M "Bins" shall mean those containers provided by Grantee c°v for commercial, industrial, residential, and multi-family residential uses. Bins are of two types: (1) Bins which c are picked up by refuse trucks by means of front loading apparatus; and ( ii) Rolloff Bins which are picked up by m trucks using rear loading winches onto rails. ° m 1 C. Compostable Materials. Q "Compostable Materials" mean any organic materials which E 0 have been segregated from other solid waste materials for the purpose of composting. Compostable Materials shall w include but not be limited to vegetable, yard, wood, and c paper wastes. C 2 E L U N Q Packet Pg.291 L'f.J/.3cr 1999-213 I c n p, Future Annexed Areas. U) "Future Annexed Areas" mean any unincorporated areas `o which are located within the City of San Bernardino a sphere of influence, or which may be annexed into the .c corporate boundaries of the City. m E. Grantee. m "Grantee" shall mean Jack's Disposal, Inc. , a California corporation, the entity granted the Franchise pursuant to this Franchise Agreement. y m F. Recyclable Mauls. u, m "Recyclable Materials" means any materials which have v been segregated from other solid waste materials for the .o purpose of recycling or reuse. Recyclable materials y shall include but not be limited to newspapers, ro corrugated mixed paper, high grade paper, glass a containers, yard waste, food waste, plastic containers, u other plastics, other glass, metals, waste tires, and c wood. o c 0 G. Recyclina Program, Q m "Recycling Program" means the collection, removal and a transportation of recyclable materials and/or compostable .y materials to either a processing facility, composting o a facility or end market where said materials will be v sorted, cleaned, treated, composted or reconstituted. c 0 H. Solid Waste. .y N "Solid Waste" means all putrescible and nonputrescible of solid and semisolid wastes, including garbage, trash, 0 refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, manure, vegetable or o animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid Waste" does not y include hazardous waste as defined by the State of t: California, or low-level radioactive waste. "Solid Waste" does not include medical waste which has not been m 0 treated for disposal at a solid waste facility. a JL U I. Temporary Bins. "Temporary Bins" shall mean all rubbish bins of a size o three (3) yards and greater which are placed by Grantee upon user's request at a location within the City limits w for a period not to exceed ninety (90) days. "Temporary Bins" shall not include the placing or servicing of any F - 3 - v E , r v a Packet Pg. 292 1999-213 c m rubbish bins at any City or Economic Development Agency o projects or operations. N a c 0 3. Franchise Area; Grandfathered Accounts. c a The Franchise Area granted by this Franchise Agreement shall X be all residential, commercial, and industrial accounts within the City of San Bernardino; provided however, that such Franchise Area shall be limited to those regular accounts "grandfathered" by the City which were acquired by Grantee prior to January 1, 1994 and as are set forth on Exhibit "A". Temporary accounts shall not be m limited to the grandfathered accounts and may be acquired by U Grantee from time to time. Grantee's accounts in geographical m areas not currently within the City of San Bernardino but which are 3 annexed by the City after the effective date shall become part of -o the Franchise Area on the first day following the month such annexation is completed by the City. Within thirty (30) days after ti a written request therefore by the City, Grantee shall provide City with a written list of all current accounts in subsequently annexed a areas which list shall be incorporated into this Agreement as part of Exhibit "A" . City shall not actively solicit Grantee' s account o within the Franchise Area or Future Annexed Areas, however such 0 accounts may discontinue Grantee service and contract for City 2 service at their option. Such accounts may not contract with any u other service provider and may not return to Grantee if such d service has been terminated for a period in excess of one hundred a eighty (180) days. o 0 D 4. Services Provided by Grantee. a c 0 A. General. .y N Grantee shall make available to all customers requesting m the collection and transportation of recyclable materials and compostable materials, and shall provide the collection, M transportation, and disposal of solid waste and construction debris N and temporary bin/rolloff services within the Franchise Area in �- accordance with the terms of this Franchise Agreement. y r B. Commercial, Industrial and Multi-Family Residential. m 0 ( 1 ) Multi-Family Weekly Service. w Y U Not less often than once per week, and more frequently if a required to handle the waste stream of the premises where the bins E are located, Grantee shall collect the solid waste (including bulky Q items which have been placed in a closed bin) for multi-family accounts. m 4 - m E L U N Q Packe 1999-213 C (2) Commercial and Industrial Weekly Service. 0 m Not less often than once per week, and more frequently if `o required to handle the waste stream of the premises where the bins o are located, Grantee shall collect the solid waste, (including bulky items which have been placed in a closed bin) for commercial 0 and industrial accounts. 0: D C (3) Single Family Residential. w d Not less often than once per week, and more frequently if 2 required to handle the waste stream of the premises Grantee shall w collect the solid waste (except bulky items and household hazardous waste) which have been placed, kept, or accumulated in containers at single family detached residences within the Franchise Area and placed at curbside prior to Grantee' s normal weekly collection a time. All solid waste, compostables, and recyclables must be m placed within containers curbside without obstructions so as to permit collection, unless otherwise agreed upon by City and Grantee. Grantee may negotiate special pickup procedures, above an a beyond the normal services described above, with customers for an additional fee in an amount not to exceed ten ( 10%) of the City's o then existing rates for such service. 0 0 C. Temporary Bin/Rolloff Services. Q 0 Grantee shall provide temporary bin/rolloff services for a a period not to exceed ninety ( 90) days. For construction and u, demolition projects Grantee may provide temporary bin/rolloff a0 services for a period not to exceed one hundred eighty ( 180) days, provided however, that Grantee will notify City of such project A type and an estimate of the length of time services will be o provided to Grantee's customer. Such reporting shall be made with N and in accordance with section 13 below. N In regards to the time restrictions herein, Grantee may request, and City may extend, the period of time for temporary M bin/rolloff services on a case-by-case basis, upon written N notification thereof. U d D. Commercial. Industrial and Residential Recycling r PTOQraID9. m 0 The Grantee shall develop and present to the Director of Public Services a recycling program to provide services to the commercial, industrial, and residential customers within Grantee's Franchise Area. £ 0 v y C H 5 - E z U Q Packet 96-i3f 1999-213 c (1 ) Single Family Residential Recycling Programs. o U) Grantee agrees to offer to all single family residential `o customers the same recyclable materials and compostable materials o that are collected or will be collected by the City of Sand Bernardino's residential recycling program. Method of collection, 2 including type of vehicles and containers, frequency of collection and methods of processing shall be at the discretion of the c Grantee. � N U (2) Commercial and Industrial Recycling Programs. v Grantee agrees to offer a recycling program to all m commercial and industrial customers served by Grantee within a Grantee's Franchise Area. a (3) Temporary sin/Rolloff Recycling Programs. .o N Grantee agrees to offer a recycling program to all d temporary bin/rolloff service customers and accounts. a LL C 5. Disposal of Solid Waste. 0 C 0 Grantee shall dispose of solid waste at a permitted landfill, G transfer station, recycling facility, materials recovery facility, m or other disposal, composting, or recycling facility which is n lawfully authorized to accept such solid waste, compostable 0 materials or recyclable materials. City shall reserve the right to a0 direct Grantee to the use of certain disposal, recycling or a composting facilities within the County of San Bernardino, provided `m however that Grantee shall not bear costs greater than ten percent o (10%) of its then existing disposal related fees as a result of City's direction. Grantee shall reserve the right to transport such solid waste, compostable materials or recyclable materials to U disposal, recycling and composting facilities owned, operated and ° controlled by Grantee. M O N 6. Recycling. w r A. Grantee shall ensure that recycling programs are made available for all of its customers served by this Franchise o Agreement. N Y B. Where Grantee's customers request recycling services of Grantee, recyclable materials shall be collected at a minimum of -' twice per month. o C. Grantee shall, at intervals of no greater than annually w provide educational and informational literature to its customers describing the recycling services to be provided, the materials to 6 - d E r U N Q Packet 1999-213 be recycled, instructions on how to participate and provide the o Grantee' s phone number. V) 0 D. Grantee shall provide copies of all educational and c 0 informational materials required under this section to the City for approval prior to distribution of material to Grantee' s customers. m n 7. Franchise Fees. c N a A. Beginning on the first day of the month following the Effective Date of this Franchise Agreement and continuing for a period of two years ( "Initial Fee Term" ), a Franchise Fee of ten w percent ( 10%) of the Grantee's Gross Revenues collected from w services provided to residential, commercial, industrial and m temporary bin consumers, in the Franchise Area shall be payable by o Grantee to City within twenty (20) days after the close of each 'o month. y N B. After expiration of the Initial Fee Term and continuing a thereafter throughout the term of this Franchise Agreement, a Franchise Fee of eleven percent (11$) of the Grantee' s Gross c Revenues collected from services provided to residential, ° commercial, industrial and temporary bin consumers, in the 0 Franchise Area shall be payable by Grantee to City within twenty (20) days after the close of each month. a N 8. Term, Extensions. No a v This Franchise Agreement shall continue for a period of me eight (8) years from the Effective Date. At the end of each year c Of this Franchise Agreement commencing on the Effective Date, and 2 annually thereafter, the term of this Agreement shall be extended for an additional one year, unless within thirty (30) days prior y thereto either the City or the Grantee gives written notice of non- ° renewal to the other party. In the event such a notice of non- m renewal is given at any such anniversary date, there shall be eight o (8) years remaining on the term of this Agreement and such eight (8) year period may not be reduced for any reason except m termination for default. z m 9. Compensation. ° N Y A. Residential Rates. Q Grantee shall provide the services described in this o Franchise Agreement to residential consumers at a rate of no less than the minimum rates fixed by the City from time to time and at T a rate no greater than the minimum rates fixed by the City from N c time to time plus the Franchise Fee. F 7 _ c m E r U m Q PacketPg.296 1999-213 8.A.p c B. Commercial and Indu3trial Rates. A 0 y Grantee shall provide the services described in this o Franchise Agreement to commercial and industrial consumers at a o rate of no less than the minimum rates fixed by the City from time c to time. There shall be no prohibition on the maximum rate charged d by Grantee to commercial consumers. o! a c C. Temporary Bin Rates. � N N ' Grantee shall provide the services described in this Franchise Agreement to temporary bin consumers at a rate of no less N than the minimum rates fixed by the City from time to time. There o shall be no prohibition on the maximum rate charged by Grantee to rs temporary bin consumers. D. Notice of Rate Chances. .o rn The City shall notify Grantee of all rate changes in residential and commercial rates charged to its consumers within a twenty (20) days of such change. c E. Notice to Citv• Recycling Fees. ° c 0 Nothing in this Franchise Agreement shall preclude U Grantee from assessing reasonable fees for providing recycling d services to its commercial, industrial and residential customers, n to be effective after thirty (30) days written notice to the city, o a n 10. Franchise Transferrable; City Consent Required. m c Grantee shall not transfer, sell or assign the franchise o N granted by this Franchise Agreement except with the express prior o written consent of the City, which shall not unreasonably be A withheld. For the purposes of this Franchise Agreement a transfer ° shall include the sale of over fifty percent (50t) of the stock of the corporation, or a number of sales that over time and in the M 0 aggregate exceed fifty percent 50* =' or transfer to family members, or the estate, of the current owners m of Grantee shall not be restricted by this Franchise Agreement. Family members are those individuals who are related by blood, m marriage or adoption. o N Y 11. Franchise Transfer - Fees. a Any application for a franchise transfer shall be made in a E 0 manner determined by the City. The applicant shall reimburse the w City for all administrative costs of such application and transfer. Bills for such transfer fee shall be supported with evidence of the m expense or cost incurred. The applicant shall pay such bills t` _ 8 _ c O E L U N a Packet Pg. 297 1999-213 . c within thirty (30) days of receipt. a 2 0 0 12. PrivacX• o 0 A. Grantee shall strictly observe and protect the rights of °= privacy of customers. Information identifying individual customers X or the composition or contents of a customer's waste stream shall not be revealed to any person, governmental unit, private agency, m or company, unless upon the authority of a court of law, by statute, ' or upon valid authorization of the customer. This .2 provision shall not be construed to preclude Grantee from N preparing, participating in, or assisting in the preparation of d waste characterization studies or waste stream analyses which may be required by AB 939. c B. Grantee shall not market or distribute, outside the o normal course of its business, mailing lists with the names and N addresses of customers. a C. The rights accorded customers pursuant to this Section LL shall be in addition to any other privacy right accorded customers o pursuant to Federal or State Law. c 0 U 13. Reports. Q a a A. Within twenty (20) days after the end of each of 0 Grantee's calendar months, Grantee shall submit a written report to a0 the City's Director of Public Services, in a format provided by the c Director, including the following information: m c 0 (1) Gross revenues collected by Grantee for services provided N in the Franchise Area; 0 N (2) Franchise Fees payable to City; fc (3) Total tonnage of solid waste collected in Franchise Area; o N (4) Total number of commercial, residential and industrial y accounts in the Franchise Area; and C (5) Total tonnage of solid waste recycled identified by o residential, commercial, and industrial materials collected; y Y U (6) Tonnage delivered by Grantee to each permitted landfill, � transfer station, recycling facility, materials recovery E facility, end market or other disposal, composting or recycling facility; v (7) A list of Grantee's collection truck numbers which N c operated within the City, the route each collection truck was a E L U R Q Picketfl .298 1999-213 8..A.p C A assigned to each day during the month, and a map of each route o identifying the specific geographical areas served by that w route. o C 0 B. Within three (3) City working days after the placement of a Temporary Bin by Grantee, Grantee will notify City's designated °1 contact position as to the date, size and location of such X temporary bin. v c m C. An annual report, in a form satisfactory to the City, on m the Grantee's progress in meeting and maintaining its ability to meet its goals under AB 939, along with any recommended changes. v m v m 14. Liability Insurance Coverage. a Grantee agrees to procure and maintain in force during the o term of this Agreement and any extension thereof, at its expense, ti public liability insurance adequate to protect against liability for damage claims through public use of or arising out of accidents a occurring from said services, in a minimum amount of $5,000, 000 combined single limits for bodily injury and property damage. Such c insurance policies shall provide coverage for City's contingent 0 liability on such claims or losses. City, its officers, agents and 4 employees shall be named as an additional insured. A certificate 0 of insurance shall be delivered to City's Risk Management Division, 0 Grantee agrees to obtain a written obligation from the insurers to n notify City in writing at least thirty (30) days prior to 0 cancellation or refusal to renew any such policies. 0 a v c M 15. Workers' Compensation Insurance. c 0 N Grantee shall obtain and maintain in full force and effect throughout the entire term of this Franchise Agreement full workers ' compensation insurance in accord with the provisions and ° requirements of the Labor Code of the State of California. Endorsements that implement the required coverage shall be filed N and maintained with the City throughout the term of this Franchise Agreement. The policy providing coverage shall be amended to ° provide that the insurance shall not be suspended, voided, C canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to City. The policy o shall also be amended to waive all rights of subrogation against y the City, its elected or appointed officials, employees, agents, or Grantees for losses which arise from work performed by the named insured for the City. E 0 `w N C W F 10 - v E r U A Q Packet 1999-213 7 � m 16. Hold Harmless. 0 N Grantee agrees to defend, indemnify, save and hold City, its ° officers, agents and employees harmless from any liability for any o claims, or suits at law or in equity, or in any administrative proceeding, that may be brought by third persons on account of personal injury, death, or damage to property, or a property of W business or personal interest, or for fines, forfeiture or civil c penalties arising from any act or omission by Grantee its officers, m agents or employees while performing operations under this Agreement; provided however, City shall provide Grantee with notice '2 as herein set forth and shall provide Grantee with the opportunity in to defend Grantee from any such liability. The City shall notify v Grantee, in writing, within fifteen days of City's knowledge, or y when City should have known, of such claims, accusations, or suits 3 at law or in equity, or in any administrative proceeding. a 0 N 17. Collection and Equipment. a A. Grantee shall provide an adequate number of vehicles and W equipment for collection, transportation, recycling, and disposal a of solid waste for which it is responsible under this Franchise c Agreement. ° J a (1) All vehicles used by Grantee under this Franchise m Agreement shall be registered with the Department of Motor Vehicles n N of the State of California, shall be kept clean and in good repair. o IL ( 2) Solid waste collection vehicles shall be washed at least v once every seven (7) calendar days. c 0 (3) "Jack's Disposal", a local or toll free telephone number, m and vehicle number shall be visibly displayed on all vehicles in U letters and figures no less than five inches (5" ) high to provide o customers with access to Grantee to alert Grantee of problems or .. concerns with customers waste collection service. c� 0 N 18. Public Access to Grantee. d r A. Office Hours. m 0 Grantee' s office hours shall be, at a minimum, from 8:00 y a.m. to 5:00 p.m, daily, on all collection days. A representative v of Grantee shall be available during office hours for communication a with the public at Grantee's principal office. In the event that E normal business cannot be rectified over the telephone, a representative of Grantee shall agree to meet with the public at a location agreeable to Grantee and the public during normal office H hours. The office telephone number(s) shall either be a local or m toll free call. Grantee shall also maintain a local or toll free E c E L U A a - Packet Pg. 300 (IpI_ itlr 1999-213 c A after hours telephone number for use during other than normal ° business hours. Grantee shall have a representative or answering w system or device available at said after-hours telephone number ° during all hours other than normal office hours. o c B. Service Complaints. °= m ( 1) All customer complaints shall be directed to Grantee. Grantee shall record all complaints received by mail, by m telephone, or in person (including date, name, address of complainant, and nature of complaint) . Grantee agrees to use its best efforts to resolve all complaints by close of business of the m next business day following the date on which such complaint is N received. Service complaints may be investigated by the City. 1(� Unless a settlement satisfactory to complainant, the Grantee, and the City is reached, the complainant may refer the matter to the a City for review. _o N ( 2) Grantee shall maintain records listing the date of consumer complaints, the customer, describing the nature of the a complaint or request, and when and what action was taken by the X Grantee to resolve the complaint. All such records shall be c maintained and shall be available for inspection by City. C O C. Government Liaison Person. Q m The Grantee shall designate a "government liaison person" a who shall be responsible for working with a City chosen designee to w resolve consumer complaints. The cost of designating a government a° liaison person by the Grantee shall be borne by the Grantee. 'O c m c , o 19. Household Hazardous Waste. y Grantee agrees to notify it customers within the Franchise T Area, of City's Household Hazardous Waste programs as identified in °. the City's Household Hazardous Waste Element prepared by the City tO n as required by AS 939, and other City or County sponsored programs ° as may be offered from time to time. - U N m O N Y U Q O d V1 C N H 12 - m E t U N Q 8.A.p 1999-213 c m 20. General provisions. —° y A. Amendments. ° c 0 This Franchise Agreement may be amended or modified only a by written agreement signed by both parties. Failure on the part m of either party to enforce any provision of this Franchise Agreement shall not be construed as a continuous waiver of the right to compel enforcement of such provision or provisions, nor N shall such waiver be construed as a release of any surety from its v obligations under this Franchise Agreement. m B. N Attornev's Feed. N Should any party violate or breach any term or condition 3 of this Agreement, any other party shall have, without limitation, v the right to move for entry of judgment by a court of competent (° jurisdiction, to seek specific performance thereof, and otherwise exercise all remedies available to he, she or it under the law to W obtain redress from injury or damage resulting from any such a violation or breach. In any such legal proceeding(s) brought to W enforce the terms and conditions of this Agreement, the prevailing o party shall be entitled to recover its reasonable attorneys' fees o and costs incurred as a consequence hereof. Reasonable attorneys' - fees shall include those of the City Attorney's office. a d C. Compliance with Applicable Law. a N N The Parties agree that they will comply with all a applicable federal, state, county or municipal statues, ordinances, c rules, regulations and enactments which are currently in effect or 19 which may be adopted hereafter. o y N D. Compliance with Franchise Agreement. U N Grantee shall comply with ordinances, resolutions or regulations enacted by the City of San Bernardino which are `O applicable and with any and all amendments to such applicable w 0 provisions during the term of this Franchise Agreement. " U U ' E. Counterparts. r ro This document may be executed in one or more separate ° counterparts, each of which, when so executed, shall be deemed to N be an original. Such counterparts shall, together, constitute and Y shall be one and the Same instrument. Q E F. Entire Agreement. o There are no understandings or agreements except as m herein expressly stated. Any modifications must be in writing. - 13 - d E r U N Q Packet Pg. 302 1999-213 $.A.p7 c 0 0 G. Exhibit Incorporated, N 0 Exhibit "A" is attached to and incorporated into this Franchise Agreement by reference. 0- c m H. Force Majeure. Grantee shall not be in default under this Franchise Agreement in the event that the temporary bin/rolloff services and m the collection, transportation, and disposal of solid waste and v construction debris provided by the Grantee are temporarilyZ interrupted or discontinued for any of the following reasons: in riots, wars, sabotage, civil disturbances, insurrection, explosion, v natural disasters such as floods, earthquakes, landslides, and fires, and other labor disturbances or other catastrophic events which are beyond the reasonable control of Grantee. Other catastrophic events do not include the financial inability of the n Grantee to perform or failure of the Grantee to obtain any 6 necessary permits or licenses from other governmental agencies or m the right to use the facilities of any public utility where such LL failure is due solely to the acts or omissions of Grantee. m C 0 I. Gratuities. c 0 Grantee shall not, nor shall it permit any agent, 4 employee, or subgrantee employed by it to, request, solicit, 01 demand, or accept, either directly or indirectly, any gratuity for temporary bin/rolloff services and the collection, transportation, o and disposal of solid waste and construction debris otherwise a required under this Franchise Agreement. c m J. Independent Contractor. m Grantee is an independent contractor and not an officer, y agent, servant, or employee of city. Grantee is solely responsible o for the acts and omissions of its officers, agents, employees, Grantees, and subgrantees, if any. Nothing in this Franchise Agreement shall be construed as creating a partnership or joint ry venture between City and Grantee. Neither Grantee nor its officers, employees, agents, or subgrantees shall obtain any rights r to retirement or other benefits which accrue to City employees. g m K. Law to Govern- venue. Q N The law of the State of California shall govern this 4 Franchise Agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the E County of San Bernardino. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Central District `v of California. c A r c 14 - E z U N i'r Q Packet Pg.303 1999-213 c m L. Notices. N All notices herein required shall be in writing and 0 delivered in person or sent by certified mail, postage prepaid, addressed as follows: c v m "City" M v c City of San Bernardino H 300 North "D" street $ San Bernardino, CA 92418 m "Grantee" w m m m Jack's Disposal, Inc. 3 380 West Oak Street v P. O. Box 141 0 San Bernardino, CA 92402 y it ui Nothing in this paragraph shall be construed to prevent a the giving of notice by personal service. z c M. Richt to Audit. 2 Upon fifteen (15) days notice, the City shall have the right to audit the records of Grantee relevant to this Franchise d Agreement. The audit shall be performed on Grantee's premises, m during normal business hours, and at the City's expense. o a N. Validity. m If any terms, condition, provision, or covenant of this Franchise Agreement shall to any extent be judged invalid, w unenforceable, void, or voidable for any reason whatsoever by a m court of competent jurisdiction, each and all remaining terms, o conditions, promises and covenants of this Franchise Agreement shall be affected and shall be valid and enforceable to the fullest extent permitted by law. o N_ U d p I m O N .Y U a E O d y C m F C 15 E L U m a Packet Pg.304' 7//.3� • 1999-213 c 0 O W WITNESS the execution of this Agreement of the day and year o written above. o y v CITY OF SAN BERNARDINO � v c By: d TOM t NOR U Mayor w ATTEST: m N �D -4L N 'O RACHEL CLARK o City Clerk N ti IL APPROVED AS TO FORM a o: AND LEGAL CONTENT: c 0 c James F. Penman, 0 City Attorney 4 m a By: �f H 0 0. n GRANTEE c 0 e ph Avak an, President m cks Disposal, Inc. o co M O N_ U d QI O N Y U a E 0 m w m c m 16 - a E U v m x a r 1999-213 c EXRMff "A" N O FRANCHISE AREA — GRANDFATHER ACCOUNTS .c o a ACCOUNTS LOCATED AT: 9 C A N d U d N a N N O N d LL I � � C I i O I � C O U Q a N N O a v c A c O N N U N_ fh O N_ U a J m O N Y U Q -f 0 O w d N C F 1 c d E r U I a PacketPg. 306 1999-213 JACK' S DISPOSAL SERVICE EXHIBIT 'A" 0 cn ACTIVE CUSTOMER LIST FRANCHISE AREA - GRANDFATHER ACCOUNTS 0 ACCOUNTS LOCATED AT: Service Address Acc,t# Customer Name Remarks 500 W. 17TH 71$39 SAN BERNARDINO COMMUNITY HOSPITA .575 W. 17TH 21097 CO •UN INDUSTRIES, INC. 2031 E. 19711 13497 CARLOS CARRILLO 2 ---------------- -043 E. 19TH 8265 RAJ IYER 2057 E. 19 r1ri 17339 JESUS GONZALES ------- =:>S1 E. 20 ST. I8545 MIGUEL GONZALES VIRAMONTES 3415 E. 21ST 19045 SALBFMAR ALVA14ZEZ '3425 E. 21ST 6795 GOODNOW TRUST --------------- 54:55 F-. 2187 17976 JUA14 BLAS ---------------- :2 -------—----- 3445 E. 21ST 21176 LARRY BRUNELLI -;529 E. ms'r 13782 ALVARO RAIGOZA --------------- iu .096 E. 2ND ST. 1574e CALISTRO LEPE ix -155 W. ZND ST. b" 5 JOHNS BURGER FOOD BIZARRE w :'792 E.. 3RD ST 5929 COZY CORNER =95 7. 3RD ST. 6003 CREEK SIDE Vii-l-AGI.- ---------------- •-�7 APARTMENTS 0 E. 3RD ST. 16557 NATHRINE GONZALEZ -TD. #324 c C. 40TH 6!311 BEST CALIFORNIA GAS I ----------- .2 ---------------- ti '.90 E. 40TH 1978I CIRCLE K - < '90 -------------- 5 11-'. 4oriq 6800 WILDWOOD SHEL.L -7 W. 40TH 18896 PRIMETIME ------------- W. 407I-4 17470 REDDI ROOTER PLUMBING ---------------- 0 .-4 W. 40TH 12084 KID CONNECTION ---------------- IL "40 W. 4TH ST. 8497 KCKC --- --._33 3:3 'W.. 15 TH, 5943 014KIN TRAILER SALES c v7 W. 5TH IS931 DESERT INN 55 W. 5TH 6749 ROYAL MOTEL ?6 E. 6711 ST. 6765 SCI-400L OF HOPE :326 W. 6TH ST, 21214 FRONTIER CONSTRUCTION 2 -leO E. 9TH 7468 ASSURED MINI STORAGE --------------- 180 E. 9TH 17491 MIKE LONDON ---- 25 S. 9TH 19701 TINA EYRAUD --------------- 94 E 9TH ST. 15335 DK FRECH CORP. ------------- - 7?82 ACRE LANE - ------------ 6020 ED KILLOCRE a ---------- D! E. AIRPORT DR. 3815 AMC THEATER ----- -004 ARDEN 17706 M.S.W. INVESTMENTS - ----------- %)It ARDEN 1984 PARK HEIGHTS APARTMENTS ---------------- ,.364 ARDEN 5642 7-11 MARKET ------------- pa --------------- :;aS ARDEN 19950 UNITED INVESTMENT GROUP 0 -'74e ARDEN ----------—-- 16862 STEPHANIE GAMANGE 304 ARGYLE 6946 SLAVICK'S ---------—--- E 346 ARGYLE 6032 RONALD SLAVICK - ------------- --- 'oe N. ARROWHEAD 18547 TOWER MEDICAL ---------- E 1999-213 05-22-1995 JACK 'S DISPOSAL SERVICE Pago. 2 cm 0 ACTIVE CUSTOMER LIST 0 a 0 Service Address "' -`-_ °=s_s"_°=ss„ Acct# Customer Name Remarks 112 S. ARROWHEAD 1404-0 SOCCER CENTER 408 S. ARROWHEAD 9433 EUROPEAN PERFORMANCE 4S5 S. ARROWHEAD 16378 C.D.S. LEGAL SERVICES 595 S. ARROWHEAD 9081 GRANT MUSICK TRUCK PARTS --------------- lZ75 E. BASELINE 16850 PEPPER TREE DISTRJBUTIOhj 1411 E. BASELINE 18445 BAKERS BURGER MAINT. --------------- 2 1411 E. BASELINE 1.8970 NAGLE INC. --- 0 1659 E. BASELINE 195117 THE TREASURE Sj-jQp --------------- 1655 E. BASELINE 21219 HOME LUMBER --------------- 1679 E. BASSI-INE 5659 TACO TIA INC. -------- 1715 E. BASELINE 19373 SMOG PLUS ------------ 1729 E. BASELINE 5,555 KNIGHTS OF COLUMBUS 20e E- BASELINE 17081 FURNITURE MAN --------------- 256e E. BASE-LINE 1474 ROYAL PALMS 789 E. BASELINE 6038 SPORT TRAILERS ----------------- 0 985 E. BASELINE 6048 GENE'S TRADING POST C P61 E. BASELINE '1652 CHARLES CAR SALES --------------- 1718 W. BASELINE 13472 BASELINE 111NI STORAGE 2300 W. BASELINE 1169 HOLIDAY TRUCKING --------------- 2 .0 -n00 W. BASELINE 6047 FISHERS GRAD.rNG -------------- I W. BASELINE 6033 ALFREDO'S PIZZA ---------------- 0 -06 W. BASELINE 0 6035 7-11 MARKET IL 794 W. BASELINE 14054 AM PM MINI MARKET -------- 'a '99 W. BASELINE 6039 SHELL-MINI MART --------- a : 041 BENEDICT 9765 S.M. DADERIAN --------- 675 BIRCH cr. 191757 AIRCRAFT TOOL ------- 393 E. BRIER RD 5c74 EVELYN BRIER ------- -7302 CABRERA ST, 18917 ROGER HALL 21SO CAJON 6078 LIDO MOTEL --------------- 3030 CAJON I ------— I5290 ENEDINA CORTES ------ -238 CANYON RD. 694 MITCHELL SLAGERMAN :252-54 CANYON RD. 9685 KEITH BAGNELL -------------- -260 CANYON RD. 6082 JAMES MASSEY -------------- ro -404 CANYON RD. 5683 KUMAR KONERU --------------- :50 E. CAROLINE 19255 SAJA TILE --------------- 295 E. CAROLINE 19047 MIDNIGHT RODEO ----------------- -17 W. CAROLINE 9493 WICKES FURNITURE -------------- !n .303 CEDAR DR. 6084 JOHN SALAZAR --------------- 147 E. CENTRAL AVE. 60e7 JAMES GREEN ----------- < .400 W. CHESTNUT 7094 SOUTHERN CALIFORNIA EDISON CO. --—------—-- E 25 E. CLUB CENTER DRIVE 9794 COSTCO WHOLESALE --------- 0 430 COOLEY CT. 20412 J.P. TECHNOLOGY --------------- ---------------- QI 1999-213 015-22-1995 JACK 'S DISPOSAL SERVICE Page: 3 a ACTIVE CUSTOMER LIST 0 0 a 0 Service Address Acatit Customer Name Remarks 1450 COOLEY CT. 12069 D. SALTER CO. a 544 S. M CRESCENT 19704 CHAPARRAL CYCLE SUPPLY 0 ---------------- 0 3701 N. D ST. 19147 HILLSIDE MOTEL .2 1663 E. DATE 6116 POSTMASTER ---------------- z 1681 E. DATI-7 5708 DAVID-RICHARD ELECTRIC ------- 0 U) 2595 E. DATE 6118 FIRST CHURCH OF GOD ---------------- 2 4248 DAVID WAY 6462 JIM BATCHELOR -------------- 4360 DAVID WAY 13474 FRANK BOWMAN 1895 DEL ROSA AVE. 13541 DEL ROSA 8 CINEMA --------------- •2 2376 DEL ROSA AVE. 4422 DEL ROSA PLAZA- -------------- - 2382 DEL ROSA AVE. -- ----------- 16998 DEL ROSA HEADSTART 2601 DEL ROSA AVE. 8242 PLAZA DEL. ROSA Of 2673 DEL ROSA AVE. 5713 OASIS POOL $17 VICE ----------- IL 2734 DEL ROSA AVE. 197821 CIRCLE K --------------- 2742 DEL ROSA AVE. 571.6 MOBIL STATION -------------- 0 2SE35 DEL ROSA AVE. 14387 AM PM MINI MARKET `-"-` C ZS86 DEL ROSA AVE. 6123 DEL R019A SHELL ---------------- 2 2005 DUMBARTON 16964 TONY HILL. t; 4 401 N. E ST. 1955•; MAIN STREET CAR WASH a L-: -92 N. E ST. 6155 BERDO CHOPPER -------------- B 39 N. E ST. - ------------- 7034 LARRY AMMONS 0 -- ----------- �.,.99 N. E ST, 202 WESTERN DENTAL SERVICE INC. - 1 30:3 N. E ST. 18838 97 DISCOUNT ---------------- --------------- -.363 N. E ST. :17910 PHOENIX MOTEL. '102 N. E ST, 19434 A TO Z THRIFT STORE ------- or 3003 N. E ST. 6.160 BARRY HENRY'S ---------------- 300e N. E sr. 19783 CIRCLE K - ------------ -46 N. E ST. 6134 TOWN LODGE ---------------- .9 ' 11 6i5l ASTRO MOTEL -------- S. E ST. ---- --------------- ..730 S. E ST. 8636 D.J. SALTER CONSTRUCTION 275 S. E ST. 14327 ALL PRO SMOG & TUNE -730 S. E STREET 7993 D. SALTER & Co. --------------- 348 S. E. ST ------ 18811 SAN BDNO PIPE 8,. SUPPLY -------- -7755 EL CAMINO 7610 JAMES SIEBI_ER -------- --------- '779 ESPERANZA 21121 FRONTIER CONSTRUCTION ---------- 1525 EUREKA 16144 EUREKA MANOR -509 FERREE 8696 RUIZ JOSE --------------- -618 FLINT WAY 9152 GREEN TREE GARDEN ---------------- - ------------ �73 S. G ST. 6486 ERLANGER SALES CO. =472 GEORGIA BLVD. 7180 MCLANE SOUTHERN CALIFORNIA E '472 GEORGIA BLVD. 16505 MCLANE SOUTHERN CALIFORNIA .604 GUTHRIE 2371 JAMES CALOBREVES --------------- —------------- E Packet Pg. 309 95�3d 1999-213 JACK 'S DISPOSAL SERVICE Page: 4 �0 0 ACTIVE CUSTOMER LIST 0 Service Address Accto Customer Name Remarks 1159 GUTHRIE 19921 DUARTE APTS 570 H. H ST. 6206 SUNSHINE MOTEL -------------- 555 S. H STREET 19581 CARLONE CONSTRUCTION 3909 HALLMARK 8974 UNIVERSITY SHELL -------------- 4345 •ALLMARK 14122 CUMBERLAND WEST ------7------- 4.595 HALLMARK 21268 MC LANE SOUTHERN CALIFORNIA -------------- 4=5 HALLMARK 18000 WATSON MEDICAL LAB. -------------- 5185 HALLMARK 8180 STATE COLLEGE SELF STORAGE --------------- aS5 E. HARRIMAN 6583 SAM'S CLUB M6624 -------------- 338 E. HARRIMAN 21029 MAGNUM ENTERPRISES, INC. ­------------ B97 E. HARRIMAN 9431 SPORTSMART -------------- ;i 1200 E. HIGHLAND AVE 6474 PIING CHI CHENG i1c 1617 E. HIGHLAND AVE 14 MILLER'S OUTPOST #242 -------- IL ------ U. 1645 E. HIGHLAND AVE 8936 DEL ROSA PLAZA -------------- lax 166e E. HIGHLAND AVE 17570 A PLUS AUTOMOTIVE -------------- 0 L722 E. HIGHLAND AVE 6473 CHIEF AUTO PART 423711 -------------- C 790 E. HIGHLAND AVE a 3848 EARLY CALIFORNIA MOTEL -------------- ti 1700 E. HIGHLAND AVE 6481 HIGHLAND NAPA -------------- < "005 E. HIGHLAND AVE 15567 ROCKY MARKET ------- 0 "25 E. HIGHLAND AVE 73 8735 GROCERY WAREHOUSE ------- .7 --------- 0 E. HIGHLAND AVE 9793 STERLING PLAZA PARTNERS ----- 0 .04 E. HIGHLAND AVE 17469 BLOCKBUSTER VIDEO #06302 -------------- IL .0 .175 E. HIGHLAND AVE 7223 HIGHLAND VILLAGE INVESTORS -------------- C 1402 E. HIGHLAND AVE 18812 HIGHLAND TEXACO -------------- OC 566 E. HIGHLAND AVE 9294 TWO GUYS ITALIAN RESTAURANT -------------- .2 -692 E. HIGHLAND AVE 6494 FIESTA HILL MOBILEHOME PARK -------------- ?12 E. HIGHLAND AVE 6468 O'FLANARY'S FARMERS MARKET -------------- 405 E . HIGHLAND AVE 19779 CIRCLE K -------------- An 505 E. HIGHLAND AVE 11845 ONE-ELEVEN DEVELOPMENT CONST -7---------------- - 606 E. HIGHLAND AVE 6490 MOUNTAIN SHADOW CHEVRON - -------- 044 E. HIGHLAND AVE 20296 CUCA's MEXICAN FOOD -------------- 0 654 E. HIGHLAND AVE 19936 SALVATION ARMY -------------- 194 E. HIGHLAND AVE 16556 HIGHLAND STAR CENTER ----- -702 E. HIGHLAND AVE 1917 DEL TACO 4241 -------- 108 E. HIGHLAND AVE 19758 EAST HIGHLAND AUTO TECH -------------- 300 E. HIGHLAND AVE 19190 HIGHLAND I BOULDER PARTNERS --------------- 070 E. HIGHLAND AVE 19583 APPLEBEE 'S GRILL & PAR, ?80 E. HIGHLAND AVE 18842 ROSS STORE 0284 -------------- 120 E. HIGHLAND AVE 19340 REDLANDS FEDERAL -------- 150 E. HIGHLAND AVE 18037 BURGER KING -------------- >6 E. HIGHLAND AVE 787 SHERMAN PLUMBING -------------- 00 W. HIGHLAND AVE 6476 HIGHLAND LUMBER CO -------------- P, --------------- E Packet Pg. 310 19997213 F8Ap JACK'S DISPOSAL SERVICE Page: 5 2 • ACTIVE CUSTOMER LIST 0 `0 0 Service Address Acct* Customer Name Remarks -.03Z W. HIGHLAND AVE 16266 AM PM MARKET - c -------- ----- 2087 W. HIGHLAND AVE 6017 THRIFTY OIL 0325 X87 W. HIGHLAND AVE 20460 JOS •'S TIRE SHOP .95 W. HIGHLAND AVE 6238 AMERICAN FAMILY DENTAL CARE ??$ W. HIGHLAND AVE 6016 THRIFTY OIL #327 En 356 HOPE ST 18320 CAROLYN HARRIS --------------- - ------------- "S4 HOPE ST 1897 MARY RUIZ 13 E. HOSPITALITY LN. 1826 EL TORITO SAN BERNARDINO N146 !05 E. HOSPITALITY LN. 6502 LA QUINTA INN -25 E. HOSPITALITY LN. 20556 TRAVEL LODGE -------------- • 0 --- ---------- -39 E. HOSPITALITY 4N. 986a SPOON'S RESTAURANTS INC. 04 E. HOSPITALITY LN. 6501 SUPER 8 MOTEL. 195 E. HOSPITALITY LN. 21113 HK MERRON CONSTRUCTION - ------------ ---- - -- ---- 75 E. HOSPITALITY LN. 13716 OFFICE CLUB INC. 0842 --- -------------- S4 E. HOSPITALITY LN. 21215 HK MERRON CONSTRUCTION 0 51 E. HOSPITALITY LH. 8620 LA PETITE c - ------------ 0 .56 S. 1 51 8952 BELL ROOFING 70 ?5 INDUSTRIAL RD. 97SZ DEMAR BARS POOL PLASTERING 4 435 INDUSTRIAL RD. 1114 MANNESMANN DEMAG CORP. Z -00 KENDALL 2450 KENDALL TOWERS 0 0 KENDALL 16383 KENDALL PARK APARTMENTS -- 0 --------------- 0 KENDALL 6514 THE RUSTIC INN faL - ------------ 24 KENDALL M 20300 ADVANCED AUTO SERVICE c ;2 KENDALL 6515 WOODEN NICKEL -------------- - -------- -- 49 KENDALL 14020 PAYLESS DRUGS 0 39 KENDALL 18315 BLOCKBUSTER VIDEO 406282 ---------------- 53 LENA RD - ----------- 57?1 BIRMINGHAM WIPERS 0 24 S. LINCOLN 11391 HUNSAKER CORPORATION N 139 LYNWOOD DR- 6524 SHAMMAS FOREIGN REPAIRS ch ------------- aO 225 LYNWOOD DR. 6526 SPORTSPAGE BAR & GRILL ---- --------- 525 LYNWOOD DR., 6529 LYNWOOD PARK ?00 LYNWOOD DR. 6529 THE CHURCH IN SAN BDNO ?97 MARSHALL 1664 2 SBNO TEACHERS ASSOCIATION 377 MASSACHUSETTS 6539 SIERRA LAND GROUP INC -------------- :76 MC KINLEY 19466 JOSE DOMINGUEZ -94 MC KINLEY 9314 JAMES BURGHER !75 MC KINLEY 59e4 JOE POWERS A -------------- W L11 METERS RD. 14277 NANCY JACCOBS U -------------- :1 E. MILL ST. 7183 SUVERKRUP LUMBER -0 W. MILL ST. 6547 U.S.A. CHECK CASHIERS -------------- E -- ----------- 37 W. MILL ST, 13500 UNISOURCE CORP. 39 W. MILL ST. 15407 CHAPARRAL CYCLE SUPPLY E U 1999-213 F8.Ap JACK 'S DISPOSAL SERVICE page; 6 ACTIVE CUSTOMER LIST 8 c .2 Service Address AcctO Customer Name Remarks '708 W. MILL ST. 6543 YUM YUM DONUTS #40 3762-64-66 MOUNTAIN VIEW 3310 DON DCVLIN -------------- 106 N. NT VERNON 5807 KEENAN'S ROCKET --------------- 1101 N. MT VERNO1,4• ----------------- ,9 8 0 rz; PL'IE'S LIQUOR 1.488 N. MT VERNON 6553 OASIS MOTEL ------7------- 1495 N. NT VERNON 6554 MOJAVE MOTEL -------------- CA 2036 N. M7 VERNON 6557 SHARENE MOTEL --------------- 2044 N. MT VERNON 18238 PRECISION PAINTING DECORATING ------- a 565 N. MT VERNON 9963 COUNTY OF S.B. --------------- 'a 739 W. MT VERNON 8267 YOUR MARKET CENTER -------------- 0 A.A.F.B BLDG 0518 14442 CDMFPC -------------- =41 NEWCOMB I.A.F.B. BLDG 4707 14087 LOCKHEED COMMERCIAL AIRCRAFT CEN 19817 DAN HALE -------------- It 2194 NEWCOMB 6603 CLAYTON KAUTZMAN -------------- w 165 NORMAN RD. 12I66 JAVIER LEPE -------------- c 504 NORMAN RD. 11419 REFUGIO PEREZ -------------- c .,64 NORMAN RD. 6597 MGR SERVICES -------------- is 148 NORMAN RD. 17815 CATHY BRADLEY -------------- 036 NORMAN RD. 7922 RAOUL CHACON JR. -------------- Q9 W. OAK ST. --------------- 15363 AFFORDABLE AIR CONDITIONING to W. OAK ST. 5815 WELCH'S OVERALL CLEANING -------------- 8 WATERMAN CANYON RD. 6634 ARROWHEAD BOTTLED WATER COMPANY ---------------- IL M, 2 N. 0RAjjOE DR. 6714 SPORTSMAN CLUB VC -------------- M ?95 ORANGE SHOW RD 20217 J.R. FILANC CONSTRUCTION c 99 ORANGE SHOW RD 7866 TARGET STORE #T-olea -------------- a '20 ORANGE SHOW RD 7093 ORANGE SHOW SERVICE --- CENTER 960 OSTREMS WAY 1179 MOTEL 6 -------------- 990 OSTREMS WAY 7646 TACO BELL 4 3338 ---------------- 100 OSTREMS WAY 12164 RAMADA INN OSO PACIFIC 677 PACIFIC 7059 MOUNTAINSIDE COMMUNITY CHURCH --------------- 6482 SHIRLEYNE MARoDA -------------- O39 E. PACIFIC 6614 BAGNELOREAL ESTATE SERVICE -------- 244 E. PACIFIC 3951 CHURCH OF JESUS CHRIST OF LDS 414 PALM 5833 MESSIAH LUTHERAN CHURCH ------ ?75 N. PALM 21144 DENNY'S -------------- 585 N. PALM 14652 AM PM MIN! MARKET --------"'----- D4 NORTH PARK 0 S. PEPPER $160 EXPRESS MARKET 19780 CIRCLE K -------------- 55 S. PEPPER 19584 COBRA INDUSTRIES -------------- Q7 PERRIS HILL PARK RD19585 NEWPORT TUX -------------- E 0 )20 PICO AVE 9792 CHRIST TEMPLE CME CHURCH -------------- )40 E. PIEDMONT 1687S STUBBLEFIELD CONST. FOR MT SHADO ------ -------------- 9�'F-06 1999-213 0.5-22,1995 JACK'S DISPOSAL SERVICE Page: 7 c 0 ACTIVE CUSTOMER LIST 0 Service Address AcctK Customer Name Rema'S at 593 PIONEER 17173 CST ORGANIC RECYCLING c 595 PIONEER 5850 HOME LUMBER -------------- 1122 PONDEROSA 20860 TED DORNCY -------------- .2 1873 PUMALO 20999 DEAN CARPENTER -------- it 101 E. REDLANDS BLVD. 7184 HOME BASE ------7------- III E. REDLANDS BLVD. 6627 MOTEL 6 -------------- 258 E. REDLANDS BLVD. 9507 TACO BELL #3866 -------------- 305 E. REDLANDS BLVD. 6631 PRESTIGE STATION INC. , #714 -------------- 3: 495 E. REDLANDS BLVD. 5859 SOUTHSIDE SALOON 2 685 E. REDLANDS BLVD. 14011 HOSPITALITY CAR WASH -------------- -6 2097 REEDY 5861 E.H. BRADSHAW -------------- U) -- RIALTO & ALLEN 16438 GRIDIRON CONSTRUCTION ------------ RIALTO & RANCHO (TIE YAR13615 PACIFIC RAILROAD SALVAGE -------------- 0. 979-85-89-95 RIALTO AVE.21177 PAUL LOVA -------------- 986 E. RIALTO AVE. 20257 GEORGE HOPPER -------------- 1635 W. RIALTO AVE. 15599 PAP TRANSMISSION & WAREHOUSE --------------- 0 c 1905 W. RIALTO AVE. 2029 A & R TRANSPORT -------------- .2 1958 W. RIALTO AVE. 17885 THE LETTUCE PATCH -------------- ------------- 1962 W. RIALTO AVE. 16267 BEST AUTOMOTIVE CENTER - .2 747 W. RIALTO AVE. 6438 VIKING TIRES -------------- :2 56 S.MOUNTIAN VIEW 6562 DONNA FARMER -------------- A SHOWCASE DR, 9291 HARMON AUTO CENTER, INC ------------- 0 0193 N. SIERRA WAY IL 39S6 CELEBRITIES -------------- V 4360 N. SIERRA WAY 14726 MUSIC ROOM -------------- c 762 N. SIERRA WAY 16966 NBI GENERAL CONTRACTORS -------------- oc 323 S. SIERRA WAY 71E6 ----- .2 INLAND ACOUSTICS & INSULATION 455 S- SIERRA WAY 6665 ROSS MACHINE AND MANUFACTURING ----------------------- 1772 STERLING 6674 AQUINAS HIGH SCHOOL ------------- 297 S. STODDARD 6267 AMERICAN MEDICAL DEVICES 7------------- 439 S. STODDARD 8835 WEBBER ENGINEERING -------------- 361 SUNNYSIDE 13537 PORFIO GONZALES -------------- 1024 SUNRISE 18573 RAUL DE LOTORRE -------------- 2025 SUNRISE 1,3,945 ELROY OLASOOM -------------- ro ------ 1014 SUNRISE 19195 UNITED PROPERTY & INVESTMENT -------- 2044 SUNRISE 6646 JIM CLOPTON -------------- ro .054 SUNRISE 6648 JIM CLOPTON -------------- .064 SUNRISE 20775 GREAT WESTERN BANK ----------- - - .104 SUNRISE 17751 ISABEL STERSING -------------- 2183 SUNRISE 6630 GEORGE S. WALKER --------- 641-43-45-47 TAYLOR RD 868I FROYLAN DAMAS ------ E 35 TENNIS COURT LANE 2382 METROPOLITAN AUTOMOTIVE WAREHOUS -------------- 0 271 S. TIPPECANOE 17842 THE CAGE CANAL ------------- 4h -------------- JT E 1999-213 JACK 'S DISPOSAL SERVICE Pages 8 C 0 ACTIVE CUSTOMER LIST 0 C 0 Service Address AcctN Customer Name Remarks 1914 S. TIPPECANOE 6688 UNIVERSITY INN MOTEL c 1915 S. TIPPECANOE 6689 LOMA LINDA AUTO ELECTRIC -------------- IM 1944 S- TIPPECANOE 6690 IN-N-OUT BURGERS INC. #:;l -------------- a 2059 TURRILL 6691 BROWN'S LAWNMOWER REPAIR -------- 3890 UNIVERSITY PKWY 18644 AM PM MARKET -------------- 4155 UNIVERSITY PKWY 21146 ELEVEN WESTERN BUILDERS -------------- BUILDING COLLABORATIVE a 4694 UNIVERSITY PKWY 21240 -------`------ a 5500 UNIVERSITY PKWY 19992 PEPPER CONSTRUCTION ---------`---- 3: 5500 UNIVERSITY PKWY 19889 TILE TRENDS -------------- 32 3850 VALENCIA 20783 JAMES MC DERMITT -------------- - 1550 VICTORIA 6628 RIM OF THE WORLD FIREPLACE --------------- 1560 VICTORIA 8916 EWING IRRIGATION PRODUCT -------------- 1570 VICTORIA 6177 MORRISON ENGINEERING CO. '- --- o. U. 1590 VICTORIA 20100 SECURE TRANSPORTATION -------------- ix -068 N. WATERMAN 5914 ACE RADIATOR --------------- r 0 3895 N. WATER-MAN 5917 ROLLINGS CHEVRON -------------- Is X51 N. WATERMAN 670e FRANK'S WHOLESALE MEATS -------------- .2 327 N. WATERMAN 5918 MERRELL'S AUTO -------------- .105 S- WATERMAN 18036 GABRIEL CORONEL ------------— -145 S. WATERMAN 3918 FRANK'S FENCE 6 SUPPLY CO. ,INC- -----—------- 51 S. WATERMAN 6101 GENERAL TELEPHONE -------------- 4 S. WATERMAN 5913 S.B. GOLF CLUB -------- 0 IL 150 S. WATERMAN 48 E. Z. 8 MOTEL, INC. -------------- 'a 950 S. WATERMAN] 20998 C 8i 0 CONSTRUCTION ------—----- c M 730 S. WATERMAN 5916 INLAND PETROLEUM -------------- c 950 S. WATERMAN 6710 HILTON UNION-76 -------------- 0 75 S. WATERMAN 18611 AM FIM MARKET ------- ----- 0 01 S. WATERMAN 13617 ARROW AUTO AIR a TRANSMISSION --------------- 0 26 49 S. WATERMAN 5911 CARPET MASTERS ------------- 80 S. WATERMAN 1513 PENCO BUILDERS, INC. -------------- to 0 il S. WATERMAN 5912 DAVID DONOVAN -------------- 0 93 S. WATERMAN 9444 ROMERO'S FOOD PRODUCTS ------'------- -------------- E 0 n 13 / i CITY OF SAN BERNARDINO CITY MANAGER'S OFFICE INTEROFFICE MEMORANDUM To: Mayor and Common Council From: Andrea Travis-Miller,Interim City Made Subject: Review and Evaluation of the Draft Request for Proposals for Solid Waste, Collection, and Disposal Services Date: September 17,2012 Copies: James F. Penman, City Attorney; Georgeann Hanna, City Clerk; and Jim Smith, Interim Public Works Director Attached is a memorandum from Joe Sloan and Enrique Vasquez of Sloan Vazquez LLC. Sloan Vazquez LLC is the consulting firm engaged to assist the City with the preparation of the Request for Proposals (RFP) for Solid Waste, Collection, and Disposal Services. Mr. Sloan and Mr. Vasquez reviewed and evaluated the draft RFP, which is included in this evening's agenda as Item 8A, and identified provisions for further clarification. The purpose in providing clarity in the RFP is to ensure bidders have adequate information on the City's existing refuse collection system, including client and account information, rates, tonnage data, and leases, to determine anticipated operating costs. It is also necessary to identify the City's expectations related to the term of the agreement, rates, additional costs and fees to be paid by the bidders, and service areas. This information will enable the bidders to provide the City with realistic proposals. While Mr. Sloan and Mr. Vasquez indicate approximately four to six weeks would be needed to gather the data required, the company recognizes the need to expedite this process in order to meet the Council's September 5, 2012, direction that the RFP be presented for approval at the October 1, 2012, meeting. It is recommended that the City Council direct the City Manager to address the fourteen (14) points raised in the memorandum provided by Sloan Vazquez LLC prior to issuing the RFP. Attachment r r S_ 1oa nVAZQUEZLLC Municipal Solid Waste Management& Recycling Advisors MEMORANDUM DATE: September 14,2012 TO: Andrea Travis-Miller,Acting City Manager FROM: Joe Sloan,Sloan Vazquez,LLC Enrique Vazquez,Sloan Vazquez, LLC SUBJECr:Review of the City's Request for Proposals We have reviewed the current Draft of the City's Request For Proposals For Solid Waste Collection, Receiving,Processing,Transfer and Disposal Services that was prepared in response to the City Council's direction to the City Manager and City Attorney during the September 4,2012 City Council meeting. The latest version of the RFP,while it rightly moves the City towards outsourcing its waste management division,it falls short of what is needed in order to attract the highest and best offers for the City's most valuable public asset.The RFP's stated purpose is"to attract experienced applicants qualified to provide the City with the following exclusive Solid Waste Services." However,the RFP,as drafted,lacks important features that will make it impossible for qualified bidders to prepare and submit a bona fide proposal. To evaluate the draft RFP we Identified provisions in the RFP that were incomplete,contradictory,or lacking clarity.In addition,we looked for standard provisions that are in RFPs for municipal solid waste services that are not included in the Draft RFP as prepared. We base our assessment on thirty years of experience in municipal solid waste procurement processes in the State of California.Twenty of those years were spent in the private sector responding to municipal RFP's,and for the past ten years,we have assisted municipal agencies with procurement processes to help them secure the best possible services and revenues from their municipal solid waste. In our opinion, it is important to include as much information as possible In the RFP concerning the City's operations so that proposers have a basis for preparing a realistic proposal based on specific information. Realistically,it will require four to six weeks to gather and include all of the data and other information that should be included in the RFP. Commentary on Provisions of Draft RFP 1) The RFP uses the phrase"Trial Period lasting a number of years to be negotiated". In order for proposers to calculate the return on Investment or payback,it is important for them to know the term of the agreement.If the RFP does not provide a term,it will be impossible to conduct an"apples to apples"comparison of proposals as they will all range in the number of years proposed. 280065kypork0rde • sulte205 • W7ne,CA92614 Office:866.241.4533 • FAX:714.276.0625 • 7 f4PSl0Y"WZQye3 rom September 14,2012 Review of the City's Request For Proposals—Continued Page 2 of 3 2) The RFP states that it contemplates dividing the City into two solid waste collection zones. The RFP provides no indication of how to divide the City.Proposers cannot bid on an unknown service area,and without customer/account and tonnage data for the service area,they have no idea of their operating costs. 3) The Mayor and Council will review and select the most qualified responsible bidder(s)for the project. The RFP does not provide any evaluation criteria.Evaluation criteria are important to establish the City's standard for evaluation and ranking of the proposals. 4) Ability to purchase and or assume any lease agreements,for all City solid waste collection vehicles and equipment. In order to respond with a bona fide proposal,the proposers need an equipment list describing the equipment type,make,model,year,and financial obligation. In addition to the abstract lease data,actual copies of the leases must be provided. 5) Hire all qualified municipal solid waste and street sweeping employees to include;a)seniority, b)wages,c) benefits. This is a huge expense and in order to commit to it,proposers need to fully understand the obligation.Is it just for drivers,or does it include every department employee.A listing of employees to be hired, including their compensation and a description of the required benefits, should be provided. 6) Pay a minimum monthly franchise fee of at least seven hundred and fifty thousand dollars ($750,000),said amount to increase proportionately with any increase in rates or increased recyclable profits. The ISWD generates about 24M per year.A franchise fee of$750,000 per month would equal$9 Million Dollars per year or 37.5%of total revenues.Typically,franchise fees range from 5%to 15%,some are higher. If the service rates are not raised,it is unlikely that a company could be profitable after paying a$9.OM annual franchise fee. 7) Pay to the City 50%of any monies recovered related to recyclables. The procedure for calculating the 50%needs to be clearly defined to avoid disagreements in the future. Is the 50%to be calculated based on the value of recyclable after processing costs,after the residual materials have been deducted? 8) Implement the City's current Collection Service Provider Franchise Fee Program September 14,2012 Review of the City's Request For Proposals—Continued Page 3 of 3 Is this in addition to the$750,000 monthly requirement?This program needs to be explained so that the proposer understand what obligations it is committing to. 9) Ability to assume the City's current rate schedule with no proposed increase for the period of the agreement. Since the term of the agreement has not been stated,the proposer does not know the time frame they are committing to not increasing service fees.If the agreement is to be for more than two years,it is unreasonable to expect that a proposer can commit to no rate increases for longer periods of time. 10) Sufficient capacity and"use rights"to a permitted Materials Recovery Facility(MRF)able to receive all waste generated within the City and located within a 12 mile radius of City Yards(234 S.Mt.View Avenue,San Bernardino) Qualified companies are located outside the 12 mile radius. 11) Lease,if desired,portions of the City's corporate yards and/or garage bays and/or fueling stations. Describe City Facilities that are available for lease,i.e.truck parking,bin storage area,shop facilities,maintenance shops,offices,employee service areas,restrooms,etc. 12) Insurance and bond requirements The RFP states an insurance requirement of$1,000,000 combined single limit,and statutory workers'compensation coverage. In standard RFP's the requirements range from$10M to $20M.The bond amount should also be stated. 13) Applicants must clearly identify any exceptions to the proposal. This language usually refers to exceptions to the Draft Service Contract of which a draft is typically distributed along with the RFP. It is standard practice to distribute a Draft Service Contract contemporaneously with the release of the RFP.This allows the proposers to understand the scope of services and other commitments expected by the City and affords the proposers an opportunity to state if they take any exceptions to the proposed provisions.Releasing the RFP without a draft service contract puts the City in a significant disadvantage in the final negotiations. 14) If selected,applicants will be required to deposit$_with the City within 15 days of the award of the contract. It is unclear if this requirement is related to a bond or to a signing fee.In either case,the amount should be stated. CITY OF SAN BERNARDINO CITY MANAGER'S OFFICE INTEROFFICE MEMORANDUM To: Mayor and Common Council From: Andrea Travis-Miller, Interim City Mad r Subject: Review and Evaluation of the Draft Request for Proposals for Solid Waste, Collection, and Disposal Services Date: September 17, 2012 Copies: James F. Penman, City Attorney; Georgeann Hanna, City Clerk; and Jim Smith, Interim Public Works Director Attached is a memorandum from Joe Sloan and Enrique Vasquez of Sloan Vazquez LLC. Sloan Vazquez LLC is the consulting firm engaged to assist the City with the preparation of the Request for Proposals (RFP) for Solid Waste, Collection, and Disposal Services. Mr. Sloan and Mr. Vasquez reviewed and evaluated the draft RFP, which is included in this evening's agenda as Item 8A, and identified provisions for further clarification. The purpose in providing clarity in the RFP is to ensure bidders have adequate information on the City's existing refuse collection system, including client and account information, rates, tonnage data, and leases, to determine anticipated operating costs. It is also necessary to identify the City's expectations related to the term of the agreement, rates, additional costs and fees to be paid by the bidders, and service areas. This information will enable the bidders to provide the City with realistic proposals. While Mr. Sloan and Mr. Vasquez indicate approximately four to six weeks would be needed to gather the data required, the company recognizes the need to expedite this process in order to meet the Council's September 5, 2012, direction that the RFP be presented for approval at the October 1, 2012, meeting. It is recommended that the City Council direct the City Manager to address the fourteen (14) points raised in the memorandum provided by Sloan Vazquez LLC prior to issuing the RFP. Attachment Entered Into Rec, of MCMDC fig; q 2 by: T/x Agenda ffem o; by: qty Clerk/CDC ;M�= ry City of Son bMrdho SloanVAZQUEZLLC Municipal Solid Waste Management& Recycling Advisors MEMORANDUM DATE: September 14,2012 TO: Andrea Travis-Miller,Acting City Manager FROM: Joe Sloan,Sloan Vazquez, LLC Enrique Vazquez,Sloan Vazquez,LLC SUBJECT:Review of the City's Request for Proposals We have reviewed the current Draft of the City's Request For Proposals For Solid Waste Collection, Receiving,Processing,Transfer and Disposal Services that was prepared in response to the City Council's direction to the City Manager and City Attorney during the September 4,2012 City Council meeting. The latest version of the RFP,while it rightly moves the City towards outsourcing its waste management division,it falls short of what is needed in order to attract the highest and best offers for the City's most valuable public asset.The RFP's stated purpose is"to attract experienced applicants qualified to provide the City with the following exclusive Solid Waste Services." However,the RFP,as drafted,lacks important features that will make it impossible for qualified bidders to prepare and submit a bona fide proposal. To evaluate the draft RFP we identified provisions in the RFP that were incomplete,contradictory,or lacking clarity. In addition,we looked for standard provisions that are in RFPs for municipal solid waste services that are not included in the Draft RFP as prepared. We base our assessment on thirty years of experience in municipal solid waste procurement processes in the State of California.Twenty of those years were spent in the private sector responding to municipal RFP's,and for the past ten years,we have assisted municipal agencies with procurement processes to help them secure the best possible services and revenues from their municipal solid waste. In our opinion, it is important to include as much information as possible in the RFP concerning the City's operations so that proposers have a basis for preparing a realistic proposal based on specific information. Realistically, it will require four to six weeks to gather and include all of the data and other information that should be included in the RFP. Commentary on Provisions of Draft RFP 1) The RFP uses the phrase"Trial Period lasting a number of years to be negotiated". In order for proposers to calculate the return on investment or payback,R is important for them to know the term of the agreement. If the RFP does not provide a term,it will be impossible to conduct an "apples to apples"comparison of proposals as they will all range in the number of years proposed. 180065kypork Circle • Sulte205 • irvine,C491614 Office:866.141,4533 • FAX:714.276.0625 • info NDsloanwzauer.mm September 14,2012 Review of the City's Request For Proposals—Continued Page 2 of 3 2) The RFP states that it contemplates dividing the City into two solid waste collection zones. The RFP provides no indication of how to divide the City. Proposers cannot bid on an unknown service area,and without customer/account and tonnage data for the service area,they have no idea of their operating costs. 3) The Mayor and Council will review and select the most qualified responsible bidder(s)for the project. The RFP does not provide any evaluation criteria. Evaluation criteria are important to establish the City's standard for evaluation and ranking of the proposals. 4) Ability to purchase and or assume any lease agreements,for all City solid waste collection vehicles and equipment. in orderto respond with a bona fide proposal,the proposers need an equipment list describing the equipment type, make,model,year,and financial obligation. In addition to the abstract lease data,actual copies of the leases must be provided. 5) Hire all qualified municipal solid waste and street sweeping employees to include;a)seniority, b)wages,c) benefits. This is a huge expense and in order to commit to it, proposers need to fully understand the obligation.Is it just for drivers,or does it include every department employee.A listing of employees to be hired, including their compensation and a description of the required benefits, should be provided. 6) Pay a minimum monthly franchise fee of at least seven hundred and fifty thousand dollars ($750,000),said amount to increase proportionately with any increase in rates or increased recyclable profits. The ISWD generates about 24M per year.A franchise fee of$750,000 per month would equal$9 Million Dollars peryear or37.5%of total revenues.Typically,franchise fees range from 5%to 15%,some are higher. If the service rates are not raised, it is unlikely that a company could be profitable after paying a$9.OM annual franchise fee. 7) Pay to the City 50%of any monies recovered related to recyclables. The procedure for calculating the 50%needs to be clearly defined to avoid disagreements in the future. Is the 50%to be calculated based on the value of recyclable after processing costs,after the residual materials have been deducted? 8) Implement the City's current Collection Service Provider Franchise Fee Program September 14,2012 Review of the City's Request For Proposals—Continued Page 3 of 3 Is this in addition to the$750,000 monthly requirement?This program needs to be explained so that the proposer understand what obligations it is committing to. 9) Ability to assume the City's current rate schedule with no proposed increase for the period of the agreement. Since the term of the agreement has not been stated,the proposer does not know the time frame they are committing to not increasing service fees.If the agreement is to be for more than two years, it is unreasonable to expect that a proposer can commit to no rate increases for longer periods of time. 10) Sufficient capacity and"use rights"to a permitted Materials Recovery Facility(MRF)able to receive all waste generated within the City and located within a 12 mile radius of City Yards(234 S. Mt.View Avenue,San Bernardino) Qualified companies are located outside the 12 mile radius. 11) Lease,if desired, portions of the City's corporate yards and/or garage bays and/or fueling stations. Describe City Facilities that are available for lease, i.e.truck parking, bin storage area,shop facilities,maintenance shops,offices,employee service areas,restrooms,etc. 12) Insurance and bond requirements The RFP states an insurance requirement of$1,000,000 combined single limit,and statutory workers'compensation coverage. In standard RFP's the requirements range from$10M to $20M.The bond amount should also be stated. 13) Applicants must clearly identify any exceptions to the proposal. This language usually refers to exceptions to the Draft Service Contract of which a draft is typically distributed along with the RFP. It is standard practice to distribute a Draft Service Contract contemporaneously with the release of the RFP.This allows the proposers to understand the scope of services and other commitments expected by the City and affords the proposers an opportunity to state if they take any exceptions to the proposed provisions. Releasing the RFP without a draft service contract puts the City in a significant disadvantage in the final negotiations. 14) If selected,applicants will be required to deposit$ with the City within 15 days of the award of the contract. It is unclear if this requirement is related to a bond or to a signing fee. In either case,the amount should be stated. Entered IntoRec, at MCC/CDC Mtg: 7, z Agen by, STATE OF CA TOAUf San Bernardino PUBLIC EMPLADYMJCNT RELATIONS BOARD UNFAIR PIUMCE CHARGE DO N07'WR7f8IN THIS SPACE One ft - Batnl)Rtl: INSTRUCTIONS: FHe the original and one copy of mis Charge form in dw apprepriate PERB regional office(see PERB Regulation 3211/.5),with proof of service attaried to each copy. Prof'ERag indudes aacusreat service and proof of service or the charge as requited by PERK Regulatiwo 326I5(c). All forms are available from the regional offices or PERB's webalbe at w .perb.a.gov. H sense space G needed bray item on this form,attach additional sbeets and number Items. IS THIS AN AMENDED CHARGE? YESn_ _ NO _Q_ 1. CHARGING PARTY: E114PIDYEEZI EMPLOYEE ORGANIZATION EMPLOYER PUBLIC' a Fun onn e: INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 12 b MaEbrg addrem: 180 E.CORSON STREET,PASADENA,CA 91103 a Telephone,archer. (626)431-2801 d.Nsme,title and telephone number - of person filing charge: ADAM N.STERN,ESQ..THE MYERS LAW GROUP,(213)223-7617 e. Baripiniag oigs)Involved. - GENERAL UNIT Z CHARGE FMEDAGAINSM(markentody) EMPLOYEE ORGANIZATION 1ZL EMPLOYER 'r s. Fool oonse• CITY OF SAN BERNARDINO b. MmSog address: 300 N.D STREET,SAN BERNARDINO.CA 92418 c. Telephone ember. (909)384-5161 d Name,sdle and telephone number of agent to contact DIANA LEIBRICH,HUMAN RESOURCES DIVISION MANAGER,(909)3843161 3. NAME OFEMPLOVER(Compkm m4 ac11on only Hlhe duuVe is Obd apWS U empbya mpobad n.) a. Full name: b. Mailingadlrem: ,L APPOINMG POWBIL(Complete dds section only iftbe employer is the State of CaGforda. See Goverunims Code sergm t8524.) a Full name: Is Maiiug address: e. Agent: An affected member of the public may only file a charge relating to an alleged public notice violation,pursuant to Government Coda section 3523,3547,3547.5,or 3595,or Public Utilities Code section 99569. PERB41(ON" SU REVERSE SWE 3. GRIEVANCE PROCEDURE Are the pnoa covered by an agrararat containing a grievance Faced.whidt ends inhiading.bin tion? Yam NOJ L SfATZHENTOF CHARGE X. The chatgtng parry hereby doges that the above-named responders is under the jurisdiction of:(check one) n� Educational£mpbyment Relations Act(EERA)jCov.Cade sea 3546 et seq.) fug.. Ralph C.-Dills Act(Gov.Code ate 3512 et wq.) yn Higher Educatioo Employer-Emplbyee Relations Act(HEEERA)(Gov.Code sea 3560 et seq.) Meyers-Milias-Brown Act(MMBA)(Gov.Code sec 3500 at seq.) Ins Angeles County Metropolitan Transportation Authority TraositEmployer-Employee Relations Act(IEERA) (Pub.Utilities Code sec.99560 at seq.) gTrial Court Employment Protection and Governance Act(Trial Court Act)(Articfe 3:Gov.Code sec 71630 JZL716393) Trial Court Imerpreta Employment and Labor Relations Act(Court Inte Pieter Act)(GOV.Code arc 718M et seq.) b. The specific Government or Public Utilities Code section(s),or PERB regulation section(s)s)all( egad to have been violated is/are: GOVERNMENT CODE SECTION 3506,3504.5 O c For MMBA,Trial Court Act and Court haterpreu r Act case,if applicable,the specific tool nde(s)alleged to have been violated LVa"(a�ojtha nPP!wbfs!Deal rdefs)MUST be aatached to the chmgs): d. Provide a clear and concise statement of the conduct alleged m constitute an unfair practice including,whue known,tde time and place of each instance of respondent's conduct,and the name and rapacity of each perwn involved. This must be a Statement of the facts & support your claim and c cmicbcdons of law. A statement of the remedy sought must also be provided. (Use and atyah addaiorml sheets oJpapar if'seeearary.) SEEATTACHED. DECLARATION I declare under penalty of perjury Out I have read the above charge and that the statements herein are a and complete m the beat of my krtowledgeand belief and that this deGantion was eaeanled on at RANCHO CUCAMONGA,CALIFORNIA te) \l (Qty and Sate) � 7"_C4- J ADAM N.STERN.ESQ. l (Type err Print Name) . Tide,if soy: ATTORNEY Mailing address: 8327 FAIRWAY VIEW PLACE,SUITE 100 Telephone Number: (2gN 223-7617 - PERB-61(o"Q Attachment for International Union of Oceratina Fn rineers Local 12 Public Employment Relations Board Unfair Practice Char, International Union of Operating Engineers Local 12,AFLCIO(hereinafter"Charging Party")is a party to a Memorandum of Understanding with the City of San Bernardino( hereinafter"Employer")regarding the General Services unit and is the certified representatives of General Service employees. The City of San Bernardino has recently filed for bankruptcy protection with the United States District Court.Included within the bargaining unit represented by the Charging Party are employees of the City of San Bernardino Refuse Department. At a special meeting of the Mayor and Common Council of the City of San Bernardino on July 24,2012 Charging Party's representative,Paul Flores,addressed the Common Council and Mayor after city attorney James Penman made public comments to the effect that he had been in communication with all labor organizations representing employees of the City of San Bernardino.Paul Flores publicly and directly contradicted James Penman's statement that he had been in communication with all labor organizations representing employees of the Employer. Bargaining unit member Chuck Greenwood also addressed the Mayor and Common Council at the same meedu&After Mr.Flores and Mr.Greenwood addressed the Mayor and the Common Council James Penman became irate and told Chuck Greenwood that because the Charging Party representative,Paul Flores had contradicted James Penman that James Penman would withdraw his support for the Refuse Department and contract out the refuse operations of the Employer. James Penman made statements to the effect that the Charging Party's failure to make a $5,000.00 campaign contribution to James Penman's campaign for the city attorney race,"was not a smart move". The above described conduct of city attorney,James Penman unlawfully interferes with restraims and coerces bargaining unit employees from exercising their rights to engage m concerted activity,deprives bargaining unit employees of the right to be represented by the Charging Party, interferes with the Charging Party's ability to represent its members,constitutes bad faith bargaining and discriminates against every member of the bargaining unit in retaliation for their protected activities. For a remedy the Charging Party request a order requiring the Employer to cease and desist from interfering with the exercise of protected rights,and prohibiting the Employer from contracting out Refuse Department work for the purpose of retaliating against bargaining union members and their bargaining agent and to post the usual and customary notice advising employees of violations of law and the remedies provided therefor. I PROOF OF SERVICE 2 I am employed in the office of a member of the bar of this Court at whose direction this 3 service was made. I am over the age of 18 and not a party to the within action;my business 4 address is 9327 Fairway View Place,Suite 100,Rancho Cucamonga,CA 91730. On August 21, 2012,I served the foregoing document described as STATE OF 5 CALIFORNIA PUBLIC EMPLOYMENT RELATIONS BOARD UNFAIR PRACTICE 6 CHARGE;AITACHEMENT FOR BNTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 12 PUBLIC EMPLOYMENT RELATIONS BOARD UNFAIR 7 PRACTICE CHARGE by serving interested parties in this action byplacing a true copy thereof in a sealed envelope,addressed as follows: 8 9 Diana Leibrich,Human Resources Division Manager, 10 City of San Bernardino 300 N.D Street I I San Bernardino,CA 92418 12 13 Public Employment Relations Board Los Angeles Regional Office 14 700 N.Central Ave.,Suite 200 Glendale,CA 91203-3219 15 16 1 am..rcedity familiar"with the B m,s practice of services of process. Under that 17 Practice,this document would be deposited: 18 (BY MALI.):with U.S.postal service on that same day with postage thereon 19 fully prepaid in the ordinary course of business. 20 21 1 declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct 22 23 Executed on August 21,2012 at Rancho Cucamonga California. 24 25 *W :: s 27 28 PROOF OF SERVICE t - Entered Into kc, at MCC/CDC Mtg: by: 0740 Agenda Item No: by: — ----_- City Council Meeting of September -- Proposed City Council Respo CDC,,,,,,, �etary to Sloan Vazquez, LLC,RFP Recommendations qt�A& M,d*t2 On Agenda Item 8A It is the intent of the Mayor and Common Council to engage in managed competition with the private sector. Therefore, the City is interested in hearing the proposals of interested providers on all issues. We want the proposals to include their best offer(s) for the length of the proposed trial period, the boundaries of the two proposed waste collection zones and such other innovative proposals as the vendors desire to offer. 1. Retain the Phrase, "Trial Period lasting a number of years to be negotiated." The MCC desires that the respondents to the RFP propose the length of the trial period and state their reasons for the proposed length of the trial period. 2. Retain the language that the City contemplates dividing the City into two solid waste collection zones, and add the words, "the location of said zones to be proposed in the RFP response." 3. Noting that there is no legal requirement for competitive bidding for Integrated Waste Management franchises(Public Resources Code§§40059(a)(2))the Council Members will use their best judgment and discretion in the review and evaluation of the proposals on the merit of each proposal. There will be no ranking in the selection process. 4. City Manager to provide the equipment list, as previously requested of the Public Works Department by the City Attorney for inclusion in the RFP. 5. City Manager to provide the list of employee positions,as previously requested of the Public Works Department by the City Attorney for inclusion in the RFP. Street sweeping to be included. 6. List no minimum franchise fee. 7. 50% or current contract formula,whichever is higher. 8. To be negotiated. (Collection Service Provider Franchise Fee program) 9. To be negotiated. (Current Rate Schedule) 10. Retain 12 mile radius requirement for MRF. 11. City Manager to provide list, with descriptions of city facilities to be leases as previously requested of the Public Works Department by the City Attorney for inclusion in the RFP. 12. Insurance Requirement of$15 million. The bond amount to be determined by City Manager and City Attorney. 13. The contract will be negotiated with the successful provider(s). 14. To be determined by the City Manager and the City Attorney. September 17,2012 City Council Meeting Agenda Item 8A Motion 1. Direct the City Manager to Issue Draft 4 ofthe revised"Request for Proposals (RFP) for Solid Waste Collection,Receiving,Processing,Transfer and Disposal Services" after retaining all sections of D raft 4 of the RFP not specifically removed by the Mayor and Common Council and after amending that RFP to include any and all revised and/or additional language provided by the Mayor and Common Council, the "revised Request for Proposals is not to be issued by the City Manager unless both the City Manager's Office and the City Attorney"s Office have approved the wording ofsaid document and have approved the final document to be released in its entirety, and the revised RFP is to be mailed to all appropriate vendor candidates no later than September 20, 2012. Motion 2. Authorize the City Manager to Execute a Vendor Services Agreement,to be drafted by the City Manager and City Attorney and subject to the approval of the City Manager and the City Attorney with Sloan Vazquez, LLC, Waste Management& Recycling Advisors, to Provide Consulting Services in the Selection and implementation of the Refuse Companies to Franchise all Components of the City of San Bernardino's Refuse Collection and Disposal Services and said Agreement Shall Not Exceed $50,000 Without the Prior Approval of the Mayor and Common Council. Motion 3. The City Attorney is directed to notify' the County of San Bernardino that the City of San Bernardino intends to discontinue use of the County disposal facilities effective January 1, 2013. Ito Rec.of k": .;:; ,ai Wt.]. Entered Into Rec. of MCC/CDC Mfg; 9 y Item No g e —,�i rWCD( Agenda ffem No �. San V by. Cry e* o Clty San � Bernardino gII���Z