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HomeMy WebLinkAbout7G-Public Works ,M ra DOC ID: 2085 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Budget From: Jim Smith M/CC Meeting Date: 12/03/2012 Prepared by: Todd Housley, (909) 384-5140 Dept: Public Works Ward(s): All Subject: Authorization to Increase Integrated Waste Division Rates by the Annual Cost Index, as Described in Section 20 of Resolution 2008-433. Financial Impact: Approval of the increase in the annual cost index will increase revenues by approximately $140,000 per year to help offset the operating costs of the Integrated Waste Enterprise Fund (527). Motion 1: Receive and File Annual Automatic Rate Increase in Integrated Waste Division Rates based on the Annual Cost Index, as Described in Section 20 of Resolution 2008-433. OR Motion 2: Suspend Annual Automatic Rate Increase in Integrated Waste Division Rates based on the Annual Cost Index, as Described in Section 20 of Resolution 2008- 433. Synopsis of Previous Council Action: On August 6, 2012, the Mayor and Common Council approved Resolution 2012-217, amending Resolution 2008-433 and consolidating Resolution 2010-327 and Resolution 2010-328. On September 20, 2010, the Mayor and Common Council approved Resolution 2010-327, authorizing the execution of a Memorandum of Understanding with the San Bernardino Municipal Water Department (SBMWD) for Integrated Waste Management Billing and Collection Services. All applicable language has been incorporated into this revised Resolution. On September 20, 2010, the Mayor and Common Council approved Resolution 2010-328, authorizing the establishment of additional fees for the Integrated Waste Management Division and authorizing the San Bernardino Municipal Water Department (SBMWD) to bill, collect and take necessary actions on Integrated Waste Management Division delinquent accounts. All applicable language has been incorporated into this revised Resolution. On November 17, 2008, the Mayor and Common Council approved a Resolution establishing the fees and rates to be charged for collection of refuse, green waste, and recyclables, and repealing Resolution 2004-239. Updated: 11/28/2012 by Linda Sutherland B Packet Pg.183 7.G 2085 Background: The Integrated Waste Management Division (IWM) Enterprise Fund is managed by the Public Works Department. Each year, the IWM fund is evaluated to ensure that revenues are sufficient to cover operational costs under the rules of Proposition 218. A recent review of the IWM Division and Fund has indicated that changes need to be made to ensure that revenues continue to meet ongoing operational costs. In addition to recent operational changes executed at the staff level, staff is requesting that Council approve the 0.70% increase in rates charged to all customers. The authority to increase rates through the cost index, CPI method lies in Section 20 of Resolution 2008-433. The percentage increase is calculated by the following equation: I1 = CPI index for September of current calendar year(2.2%) I2 =CPI index for September of previous calendar year(3.1%) Percentage of increase=I1 /12 (equal to 0.70%) According to the Resolution, the CPI data shall be obtained from the Department of Labor, Bureau of Labor Statistics for September of each year in the All Urban Consumers for the Los Angeles-Riverside-Orange County, California region. The Resolution also states that this calculation shall be submitted to the Mayor and Common Council as an agenda item the first meeting in December of each year for information only. If upon receipt of this report, the Mayor and Common Council elect to receive and file this report, on January 1 of each year from 2009 through 2013 all rates as set forth in this Resolution shall be increased by the Percentage of Increase. If upon receipt of this report, the Mayor and Common Council elect to suspend a rate increase, they may do so by simple vote. A schedule of current rates and proposed rates increased by the proposed 0.70% is attached. Supporting Documents: 12-12-03 CPI Rate Schedule (XLS) Resolution 2008-433 Original(PDF) Resolution 2010-327 Original(PDF) Resolution 2010-328 Original(PDF) Resolution 2012-217 Original(PDF) Department of Labor BLS Web Page With Published CPI Percentages.docx (PDF) 184 Updated: 11/28/2012 by Linda Sutherland B Packet '�' 7.Gaver' Current and Proposed Refuse Rate Schedule CPI Increase of 0.70% Residential Service: Current Proposed Current Proposed Single family/duplex $ 22.84 $ 22.99 Late set-out fee $ 28.75 $ 28.95 Triplex/fourplex $ 45.68 $ 45.99 Contamination penalty $ 28.75 $ 28.95 Extra black barrel $ 12.97 $ 13.06 Special collections $ 36.23 $ 36.48 Extra green barrel $ 11.35 $ 11.42 Cart replacement fee* $ 74.75 $ 75.27 Mobile Home $ 15.24 $ 15.34 Administration fee $ 50.00 $ 50.35 Commercial: 2 yard bin/1 per week $ 112.10 $ 112.88 3 yard bin/1 per week $ 119.18 $ 120.01 2 yard bin/2 per week $ 205.32 $ 206.75 3 yard bin/2 per week $ 225.56 $ 227.13 2 yard bin/3 per week $ 304.44 $ 306.57 3 yard bin/3 per week $ 335.12 $ 337.46 2 yard bin/4 per week $ 401.20 $ 404.00 3 yard bin/4 per week $ 440.14 $ 443.22 2 yard bin/5 per week $ 495.60 $ 499.06 3 yard bin/5 per week $ 547.52 $ 551.35 d 2 yard bin/6 per week $ 661.98 $ 666.61 3 yard bin/6 per week $ 840.16 $ 846.04 ra 4 yard bin/1 per week $ 130.98 $ 131.89 6 yard bin/1 per week $ 189.98 $ 191.30 6. 4 yard bin/2 per week $ 247.80 $ 249.53 6 yard bin/2 per week $ 362.26 $ 364.79 c 4 yard bin/3 per week $ 364.62 $ 367.17 6 yard bin/3 per week $ 535.72 $ 539.47 a; 4 yard bin/4 per week $ 480.26 $ 483.62 6 yard bin/4 per week $ 713.90 $ 718.89 as re 4 yard bin/5 per week $ 595.90 $ 600.07 6 yard bin/5 per week $ 876.74 $ 882.87 a 4 yard bin/6 per week $ 1,036.04 $ 1,043.29 6 yard bin/6 per week $ 1,041.94 $ 1,049.23 V Front loader recycling collection Additional Services-commercial o 0 1 per week $ 41.50 $ 41.79 Bin roll-out service $ 67.26 $ 67.73 N 2 per week $ 83.00 $ 83.58 Compactor cleaning $ 133.34 $ 134.27 > 3 per week $ 124.50 $ 125.37 Compactor repair/hr $ 66.91 $ 67.37 4 per week $ 166.50 $ 167.66 Contamination recycling $ 59.00 $ 59.41 N 5 per week $ 208.00 $ 209.45 Refuse bin cleaning/15 min $ 37.17 $ 37.43 �° City issued lock and two keys $ 17.70 $ 17.82 -o Standing Roll back charge $ 135.70 $ 136.64 d Es Extra Pick-ups weekly: co 2 yard bin $ 25.28 $ 25.45 a) 3 yard bin $ 27.50 $ 27.69 4 yard bin $ 30.11 $ 30.32 � 6 yard bin $ 35.68 $ 35.92 0 N Front loader compactor bins(2 cubic yards) Front loader compactor bins(3-4 cubic yards) m 1 per week $ 130.98 $ 131.89 1 per week $ 154.58 $ 155.66 2 per week $ 245.44 $ 247.15 2 per week $ 287.92 $ 289.93 -o a) 3 per week $ 361.08 $ 363.60 3 per week $ 423.62 $ 426.58 s 4 per week $ 476.72 $ 480.05 4 per week $ 553.42 $ 557.29 v) 5 per week $ 591.18 $ 595.31 5 per week $ 692.66 $ 697.50 :; 6 per week $ 786.35 $ 791.85 6 per week $ 925.12 $ 931.59 co Open top/compactor roll-off refuse service Open top/compactor roll-off recycling service U 10 yard roll-off/2 ton limit $ 335.12 $ 337.46 10 yard roll-off/2 ton limit $ 142.00 $ 142.99 20 yard roll-off/5 ton limit $ 335.12 $ 337.46 20 yard roll-off/5 ton limit $ 142.00 $ 142.99 9 30 yard roll-off/7 ton limit $ 335.12 $ 337.46 30 yard roll-off/7 ton limit $ 142.00 $ 142.99 N 40 yard roll-off/8 ton limit $ 335.12 $ 337.46 40 yard roll-off/8 ton limit $ 142.00 $ 142.99 cl Per ton charge $ 44.65 $ 44.96 Per ton charge $ 18.92 $ 19.05 Overweight Penalty/ton $ 12.00 $ 12.08 m Overweight Per Ton $ 36.73 $ 36.98 E t 2-yard front load green waste bin 3-yard front load green waste bin r, R 1 per week $ 107.38 $ 108.13 1 per week $ 114.46 $ 115.26 Q 2 per week $ 198.24 $ 199.62 2 per week $ 215.94 $ 217.45 3 per week $ 291.46 $ 293.50 3 per week $ 316.24 $ 318.45 4 per week $ 384.68 $ 387.37 4 per week $ 416.54 $ 419.45 5 per week $ 476.72 $ 480.05 5 per week $ 515.66 $ 519.26 4-yard front load green waste bin 6-yard front load green waste bin 1 per week $ 125.08 $ 125.95 1 per week $ 143.96 $ 144.96 2 per week $ 232.46 $ 234.08 2 per week $ 267.86 $ 269.73 3 per week $ 341.02 $ 343.40 3 per week $ 394.12 $ 396.87 4 per week $ 450.76 $ 453.91 4 per week $ 505.04 $ 508.57 5 per week $ 558.14 $ 562.04 5 per week $ 641.92 $ 646.41 *now subject to change based upon most recent cost of commodity to City Packet pg.185 AMENDED BY RESOLUTION 2010-328 ( " 1 RESOLUTION NO. 200g-4 3 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING THE FEES AND RATES TO BE CHARGED 3 FOR THE COLLECTION OF REFUSE, GREEN WASTES AND RECYCLABLES, AND REPEALING RESOLUTION 2004-239. 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON y 5 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The fees and charges set forth herein shall apply to the collection 2, 7 8 of residential and commercial refuse and other materials by the City of San Bernardino FL 9 Public Services, Integrated Waste Management Division. 10 SECTION 2. Collection of Refuse, Green Wastes and Recyclables -- N 11 Automated Residential Collection Services — General Provision. The standard r 12 service level unit for automated collection shall be defined as the provision to each a, 13 lawfully established service address, three City owned 96-gallon automated carts, •• 14 o color coded black for refuse, blue for commingled recyclables and green for green 15 wastes. Services are rendered once per week, on said collection day as determined :' 16 17 by the Director of Public Services. Said service is and shall be subject to all 2 18 requirements set forth in Chapters 8.24 and 8.25 of the San Bernardino Municipal 19 Code, as well as other applicable County, State or Federal laws or regulations. 20 SECTION 3. Collection of Refuse, Green Wastes and Recyclables — 12 21 Automated Residential Collection Services — Single Family Units, Multiple E 22 Family Units and Mobile Home Parks Receiving Automated Green Wastes 2. 23 24 Services. For the collection of refuse, green wastes and recyclables, the owner or 25 other fiscally responsible agent of said property located within the corporate 26 boundaries of the City of San Bernardino shall pay on a monthly basis according to the 27 following schedule: 28 I Packet t P 186 ' .G.i' ` I 2008-433 I 1 Single Family Residential Unit, including an individual Mobile Home receiving 2 three (3) carts (one service unit) $22.84 3 Duplex Residential Unit (one service unit) $22.84 4 Triplex Residential Unit(two service units) $45.68 5 Four-plex Residential Unit(two service units) $45.68 6 _ . Five-plex Residential Unit and above bin service 7 The determination as to whether an individual location may be adequately w 8 U 9 serviced by automated collection shall be made at the discretion of the Director of g 10 Public Services or his designee. The rates set forth in SECTION 3 shall not be o 11 applicable to mobile home parks which do not receive automated green wastes 12 services; however, all other requirements set forth in SECTION 5 shall be applicable to 0 co 13 mobile home parks. 14 SECTION 4. Collection of Refuse, Green Wastes and Recyclables - 15 Automated Residential Collection Services - Additional Carts. Each automated 16 L 17 collection customer may be permitted to receive an additional 96-gallon automated o M 18 cart color coded black for refuse, blue for commingled recyclables and green for green o O N 19 wastes for the following rate: 20 Additional black cart $12.97 per month 21 ce Additional blue cart no cost 22 Additional green cart $11.35 per month 23 24 Said additional cart charge shall be added to the regular monthly charges set a 25 forth in SECTION 3 of this resolution. 26 It shall be the responsibility of the automated collection customer to maintain 27 their carts in a clean and sanitary manner and to secure their carts when not placed 28 out for collection. In the event that an automated collection customer requests that a 2 Packet Pg.18 7.G.b 2008-433 I 1 cart be replaced due to willful negligence, or destruction of the cart due to an act by 2 the customer' or if a cart is reported stolen, the customer may be charged a $74.75 3 replacement fee for each cart and/or requested to submit a police report for their 4 missing container subject to the determination of the Director of Public Services or 5 their designee. y . i 6 SECTION 5. Collection of Refuse, Green Wastes and Recyclables — 7 co Automated Residential Collection Services — Mobile Home Parks Not Receiving w 8 a U 9 Automated Green Wastes Services. The standard service level unit for automated c collection rendered in mobile home parks which do not receive green wastes service o 10 11 shall be defined as the provision to each individual coach or residential unit, two City 13 12 owned 96-gallon automated carts, color coded black for refuse and blue for 13 commingled recyclables. Services are rendered once per week, on said collection day c 14 as determined by the Director of Public Services. Said service is and shall be subject N 15 to all requirements set forth in Chapters 8.24 and 8.25 of the San Bernardino c 16 °' Municipal Code. 17 18 The rate per individual coach or residential unit shall be $15.24 per month. 0 19 The total amount due for collection services rendered within each mobile home c 20 park shall be the total number of occupied spaces for which the mobile home park's CD 21 owner or authorized agent is collecting rent. It shall be the mobile home park owner or d 22 E authorized agent's responsibility for coordinating service establishment between the 23 24 mobile home park tenant and the City. It shall be the mobile home park owner or a 25 authorized agent's responsibility to report to the Department of Public Services on the 26 fifth business day of each month, the total number of occupied spaces within the park 27 for the previous calendar month. Payment for the total amount for collection services 28 rendered within a mobile home park shall be the responsibility of the mobile home park 3 Packet Pg.1 _`j I lyG.b 2008-433 I 1 owner or authorized agent upon submission of an invoice. Nothing in this section shall . 2 preclude the owner or authorized agent of a mobile home park from individually billing 3 or otherwise collecting reimbursement from the tenants located in the mobile home 4 park for the collection services provided. 5 7D- SECTION 6. Collection of Refuse, Green Wastes and Recyclables — 6 a) Manual Collection Services for Small Businesses. This service level unit shall be E 7 8 offered to any small business which, in the determination of the Director of Public w 9 Services or his designee is unable to receive either automated collection service or c y front load collection services because of either a lack of volume or inaccessibility to the o 10 11 business by either the front-load collection truck or the automated collection truck, or if 12 manual collection services is required temporarily. L 13 This rate shall be $108.68 per month for once per week service. Additional c 14 services per week shall be charged by multiplying the rate of $108.68 per month by N 15 16 the total number of days per week of service required. 0) L 17 Services are rendered on said collection day as determined by the Director of o M 18 Public Services. Said service is and shall be subject to all requirements set forth in o 19 Chapters 8.24 and 8.25 of the San Bernardino Municipal Code, as well as other g 20 applicable County, State or Federal laws or regulations. 21 ce SECTION 7. Collection of Refuse, Green Wastes and Recyclables — d 22 Commercial, Multiple Family Residential, Professional and Industrial Accounts — 23 w co 24 Service Establishment and Deposits. The owner or authorized agent shall contact a 25 the City of San Bernardino Public Services Department Refuse Division in order to 26 establish commercial refuse, green wastes or recyclables collection service at a 27 lawfully established business or service address within the City. The owner or 28 4 Packet Pg. 89=I . . 2008-433 I 1 authorized agent shall execute an Application/Receipt for Solid Waste Services with 2 the City, which provides all necessary billing and service information. 3 A deposit in the amount of $150.00 or the first month's estimated cost of 4 service, whichever is greater, for each new account shall be made at the time that the 5 Application/Receipt for Solid Waste Services is completed. Said deposit must be gis L 6 E received prior to commencement of services. This deposit shall be retained by the E 7 RS `° City and applied to any closing bill upon termination of services. Any amount of a 8 U 9 deposit in excess shall be refunded. s 10 In the event that collection service has been discontinued for non-payment, the o d 11 City may require payment of said non-paid bill and a security deposit equal to three 12 times that average monthly service for all billed services before service will be 2 13 restored. All payments on the day service stopped must be in the form of cash, _ 14 cashier's check, money order or credit card only. All payments after the account is 2, 15 16 shut off must be in the form of cash, cashier's check, money order or credit card only: LI co Non-receipt of bills is not a reasonable excuse for non-payment. 17 `" SECTION 8. Collection of Refuse, Green Wastes and Recyclables — 2, 18 0 N 19 Commercial, Multiple Family Residential, Professional and Industrial Accounts c r 20 Using Front Load Bins—General Provisions. d ec 21 A. The City of San Bernardino shall provide front load bin service to all d 22 E lawfully established service addresses in which the owner or authorized CZ 23 r agent has either entered into a Service Contract with the City to provide a 25 said service, or who has historically received City service. The City may 26 provide front load bin service ranging in size from 2-cubic yard to 6-cubic 27 yard, and frequency of service from one day per week to six day per 28 week in order to meet the refuse, recyclables and green waste service I 5 Packet Pg;1901 I 1 t1 . 2008-433 I 1 needs of the customer. Said service is and shall be subject to all 2 requirements set forth in Chapters 8.24 and 8.25 of the San Bernardino 3 Municipal Code, as well as other applicable County, State or Federal 4 laws or regulations. 5 B. Any customer who is receiving six-day per week collection service and is d 6 not serviced six times during any calendar week due to a Federal, State E. 7 d 0 or Locally declared holiday in which the City Refuse Division does not re 9 operate, shall not be entitled to a refund or credit to their account for the c N 10 missed day of service. o r 11 • C. It is the responsibility of the owner or authorized agent to provide an co 12 adequate and appropriate location for the safe and proper storage of 13 refuse, recyclables or green wastes bins while on the owner or c 14 authorized agent's property, and to clean, repair and maintain all refuse N 15 bin enclosures or compactors in order to reduce, prevent and eliminate 16 •5, 17 all potential health, safety or code violations and in accordance with o established City standards. The Director of Public Services or his 0 18 0 N 19 designee shall have the authority to impose an administrative fee of $50 g w 20 per service day to an individual service address in the event that N d 21 collection at the service address poses a health risk, safety hazard or E 22 E danger to employees or the public and is not corrected within ten (10) 23 business days of written notice to the owner or authorized agent of the Q 25 property. 26 D. The Director of Public Services or his designee shall have the authority 27 to suspend refuse service for the failure to pay any delinquent payment 28 balances due the City by the customer within thirty (30) calendar days, of I 6 I Packe Pg.191 1 i I " 7.G.b 2008-433 I written notice to the owner or authorized agent of the property. Said 1 2 written notice shall be sent by mail to the most current billing address on 3 file with the City of San Bernardino, Public Services Department. A copy 4 of said written notice shall be sent to the City of San Bernardino Fire 5 Department, City of San Bernardino Code Compliance Department and d u 6 the County of San Bernardino Environmental Health Department. 5 C1) 7 CC SECTION 9. Collection of Refuse, Green Wastes and Recyclables — a cd 8 9 Commercial, Multiple Family Residential, Professional and Industrial Accounts N 0 Using Front Load Bins; Rates and Frequencies. For the collection of refuse, green o 1 N 11 wastes and recyclables, the owner or other fiscally responsible agent of said property co 12 located within the corporate boundaries of the City of San Bernardino shall pay on a 2 6 13 monthly basis for the size of bin and frequency of service according to the following i= In 14 CO schedules. N 15 Refuse Collection Service. The following schedule shall be applicable for co 16 L ■ 17 refuse collection services: 0 M 2-Yard and under Front Load Refuse Bin o 18 CV 19 One time per week $112.10 0 20 Two Times per week $205.32 ce { 21 Three times per week $304.44 22 E Four times per week $401.20 co 23 a Five times per week $495.60 24 25 Six times per week $661.98 26 3-Yard Front Load Refuse Bin 27 One time per week $119.18 28 Two Times per week $225.56 I 7 Packet .192 7.G.b 2008-433 Three times per week $335.12 1 2 Four times per week $440.14 3 Five times per week $547.52 4 Six times per week $840.16 Tic 5 4-Yard Front Load Refuse Bin th L V 6 One time per week $130.98 a) 7 $247.80 re Times per week a 8 V Three times per week $364.62 0 9 10 Four times per week $480.26 0 r ca $595.90 Five times per week 11 12 Six times per week $1,036.04 0 co 13 6-Yard Front Load Refuse Bin .. 14 $18998 One time per week $189.98 cc 15 $362.26 Ti Two Times per week �, 16 0 Three times per week $535.72 M 17 q 18 Four times per week $713.90 0 N 19 Five times per week $876.74 0 c 20 $1,041.94 a Six times per week re 21 Recyclable Collection Service. Commingled recyclable collection services d 22 E are provided in conjunction with and in addition to the charges for the collection of cu 23 refuse. The following schedule shall be applicable for . commingled recyclable a 24 25 collection service: 26 Any size Front Load Recycling Bin 27 One time per week $41.50 28 Two Times per week $83.00 I 8 I Packet F.g 193 I ■ i • f7G,b1 2008-433 I Three times per week $124.50 1 2 Four times per week . $166.50 3 Five times per week $208.00 4 GreenlOraanic Collection Service. Green wastes collection services, d including the collection of compostable wastes, are provided in conjunction with and in d 6 addition to the charges for the collection of refuse. The following schedule shall be s .e co 7 re applicable for green/organic collection service: F. 8 o 9 2-Yard and under Front Load Green Wastes Bin c 10 One time per week $107.38 0 Y N Two Times per week $198.24 i 11 -a 12 Three times per week $291.46 2 0) d 13 Four times per week $384.68 c 14 $47672 ° Five times per week $476.72 15 TO 3-Yard Front Load Green Wastes Bin :c, 16 0 One time per week $114.46 M 17 g 18 Two Times per week $215.94 0 N 19 Three times per week $316.24 20 Four times per week $416.54 8 21 Five times per week $515.66 22 4-Yard Front Load Green Wastes Bin r Li 23 a One time per week $125.08 24 25 Two Times per week $232.46 26 Three times per week $341.02 27 Four times per week $450.76 i $558.14 ■ 28 Five times per week I 9 1 Packet Pg.194 - 1 . ( 7.G.b I 2008-433 I 1 2 6-Yard Front Load Green Wastes Bin 3 One time per week $143.96 4 Two Times per week $267.86 C 5 Three times per week $394.12 d V L 6 Four times per week $505.04 ` co� ? a, $641.92 Five times per week a 8 9 SECTION 10. Collection of Refuse, Green Wastes and Recyclables -- N Commercial, Multiple Family Residential, Professional and Industrial Accounts o 10 D 11 Using Front Load Bins — Additional Pick-up. A customer receiving refuse collection 12 services rendered by front load bins may request and receive an extra pick-up service 1 00 CD 13 at their location. The customer shall contact the City of San Bernardino, Public c 14 Service Department, integrated Waste Customer Service Center no later than 11:00 2 15 a.m. for same day service. Requests for extra pick-up received after 11:00 a.m. may 2 16 17 be held for service the next regularly scheduled service day. The Director of Public 8 Services or his designee shall have the authority to temporarily modify or suspend 2, 1 N 19 provision of extra pick-ups, based on availability of equipment and resources as 0 20 necessary. re 21 The rate for an additional pick-up service for refuse, green wastes or organic 22 E collection shall be as follows: u r 23 a 2-Yard and Under Refuse Collection $25.28 24 25 3-yard Refuse Collection $27.50 26 4-yard Refuse Collection: $30.11 27 6-yard Refuse Collection $35.68 28 I 10 I Packet Pg.195 w 7.G.b 2008-433 1 2 SECTION 11. Collection of Refuse, Green Wastes and Recyclables - 3 Commercial, Multiple Family Residential, Professional and Industrial Accounts 4 Using Front Load Bins — Split Bins, Residential Clean-up Special, Temporary Bin 5 Services and Bin Roll-out Service. The City of San Bernardino shall offer the d 6 following specialized services using Front Load Bins for split bins, residential clean-up E 7 CO specials or temporary bin service to all service addresses located within the City: o. 8 Temporary Bin Service. A temporary bin service shall be defined as a three- c 9 .N or four-yard front load refuse bin which is provided to a residential customer for a o 10 2. 11 maximum of seven (7) calendar days from date of bin delivery for use by a resident for 12 clean-up purposes. The bin shall be placed in the public street at the curb in front of L ID 13 the address for use by the customer. The temporary bin service rate includes one 5 14 collection of the material in the container. Additional services may be provided upon N 15 pre-payment during the seven day period at the same rate per bin size as set forth in rn 16 '- Section 10, subject to available personnel and equipment. o i7 M Zi The rate for a residential clean-up special shall be $69.00. o 18 N 19 Bin Roll-out Service. Bin Roll-out service is provided in those instances in g 20 which either the bin placement at the service address is not accessible to a front-load Z ce 21 refuse truck and requires the assistance of a second service vehicle, or is located in E 22 such a manner as to require the bin to be manually rolled out and placed back into a , ?3 w permanent position. The determination of the need for bin roll-out service shall be a 24 25 made by the Director of Public Services or his designee. The customer shall be 26 notified in advance by an .Integrated Waste Management representative of the need 27 for bin roll-out service at the address, and the charges associated with the bin roll-out 28 service. The customer shall approve this service prior to its provision. I 11 Packet 196 I 1 7.G.b 2008-433 Said service shall be provided to the customer at the rate of $67.26 per roll-out 1 2 and replacement, and shall be in addition to all other refuse collection charges. 3 SECTION 12. Collection of Refuse, Green Wastes and Recyclables — 4 Commercial, Multiple Family Residential, Professional and Industrial Accounts Zs Using Front Load Bins; 2-cubic-yard to 4-cubic-yard compactor service. The 5 L for the cleaning, servicing and repair of the compactor shall be the E. 6 responsibility r co 7 n. responsibility of the owner or authorized agent of the service address where the U 8 compactor is located. The rate for existing 2-cubic-yard to 4-cubic-yard compactors y 9 0 10 shall be as follows: N II 2-Cubic Yard Front Load Serviced Com actor Refuse Bin i 12 One time per week $130.98 CD 13 $245.44 Two Times per week ,n 14 $361.08 N Three times per week 15 $476.72 .c Four times per week ' t:16 $591.18 ° Five times per week 17 $786.35 0 18 Six times per week N 19 3-and 4-Cubic-Yard Front Load Serviced Com actor Refuse Bin 0 20 One time per week $154.58 d 21 Two Times per week $287.92 d 22 $423.62 Three times per week a La 23 $553.42 Four times per week 24 $692.66 25 Five times per week 26 Six times per week $925.12 27 28 12 Packet P *197 7.G.b 2008-433 SECTION 13. Collection of Refuse, Green.Wastes and Recyclables — 10- 1 1 cubic-yard to 40-cubic yard Roll-off or Compactor Services — Genera 2 3 Provisions. 4 A. The City of San Bernardino may provide 10-cubic-yard to 40-cubic-yard 5 roll-off or compactor services to any lawfully established service address V 6 or location in which the owner or authorized agent has entered into an 0 7 Application/Receipt for Solid Waste Services with the City to provide said w 8 service. The City may provide frequency of service from one day per y 9 '- week to six days per week in order to meet the refuse, recyclables and o 10 ) 11 green waste service needs of the customer. Said service is and shall be 0 . 12 subject to all requirements set forth in Chapters 8.24 and 8.25 of the San 1 CD d 13 Bernardino Municipal Code, as well as other applicable County, State or IP 14 Federal laws or regulations. N 15 er week collection service and is B. Any customer who is receiving six-day p c, .L 16 not serviced six times during any calendar week due to a Federal, State o 17 M or Locally declared holiday in which the City Refuse Division does not o 18 N 19 operate, shall not be entitled to a refund or credit to their account for the ts 0 20 missed day of service. 0 21 C. It is the responsibility of the owner or authorized agent to provide an .. E adequate and appropriate location for the safe and proper storage of ) 23 r refuse, recyclables or green wastes bins while on the owner or 24 authorized agent's property, and to clean, repair and maintain all 26 compactors on a regular and timely basis in order to reduce, prevent and 27 eliminate all potential health, safety or code violations. The Director of 28 Public Services or his designee shall have the authority to impose an l 13 [Packet Pg.198 7.G.b 2008-433 administrative fee of$50 per service day to an individual service address 1 poses a potential 2 in the event that collection at the service address p 3 health risk, safety hazard or danger to employees or the public and is not 4 corrected within ten (10) business days of written notice to the owner or Said written notice shall be sent by R 5 authorized agent of the property. ` 6 mail to the most current billing address on file with the City of San 5 CD co 7 � Bernardino, Public Services Department. w 8 D. The Director of Public Services or his designee shall have the authority N 9 meat to suspend refuse service for the failure to pay any delinquent payment o 10 N 11 balances due the City by the customer within thirty (30) days of written 12 notice to the owner or authorized agent of the property. Said written o CD co 13 notice shall be sent by mail to the most current billing address on file with c In 14 the City of San Bernardino, Public Services Department. A copy of said N 15 written notice shall be sent to the City of San Bernardino Fire ca .L 16 Department, City of San Bernardino Code Compliance Department and M 17 V7 18 the County of San Bernardino Environmental Health Department. o N 109 SECTION 14. Collection of Refuse, Green Wastes and Recyclables — 10- o 7 20 cubic-yard to 40-cubic yard Roll-off or Compactor Services — Service CD 21 Establishment and Deposits. The owner or authorized agent shall contact the City d E 22 of San Bernardino Public Services Department Integrated Waste Management . 23 co Division in order to establish commercial refuse, green wastes or recyclables Roll-off a 24 25 or compactor collection service at a lawfully established service address or location 26 within the City. The owner or authorized agent shall execute an Application/Receipt 27 for Solid Waste Services with the City, which provides all necessary billing and service 28 information. 14 Packet pg.199 '7.G.b 2008-433 A deposit equal to the cost of service for each new roll-off or compactor account 1 2 shall be made at the time that the Application/Receipt for Solid Waste Services is 3 completed. Said deposit must be received prior to commencement of services. This 4 deposit shall be retained by the City and applied to any closing bill upon termination of ^ d N 5 a, services. 0 6 SECTION 15. Collection of Refuse, Green Wastes and Recyclables — 10- d co 7 � cubic-yard to 40-cubic yard Roll-off or Compactor Services - Rates and c) 8 a Frequencies. For the collection of refuse, green wastes and recyclables, all as o 9 d in SBMC Chapter 8.24, the owner or other fiscally responsible agent of said o 10 define t U. property located within the corporate boundaries of the City of San Bernardino shall 12 pay for the size of bin and frequency of service according to the following schedules: Open-top Roll-off Refuse Bin Service. The following schedule shall be 13 •• 14 N applicable for open-top roll-off refuse collection services on a per pull basis: 15 $335.12 per pull/service plus $44.65 per ton with the following tonnage limits 2 .L 16 17 per size of roll-off box. el 0 18 10-cubic yard roll-off with 2 ton limit. N 19 20-cubic yard roll-off with 5 ton limit. c 0 20 30-cubic yard roll-off with 7 ton limit. oa r 21 40-cubic yard roll-off with 8 ton limit. d 22 E Compactor Refuse Bin Service. The following schedule shall be applicable 23 2 for 10-cubic yard to 40-cubic yard compactor services on a per pull basis: 24 25 $335.12 per pull/service plus $44.65 per ton with the following tonnage limits 26 per size of compactor. 27 10-cubic yard roll-off with 2 ton limit. 28 20-cubic yard roll-off with 5 ton limit. I 15 1 packet Pg.200 I • 7.G.b 2008-433 30-cubic yard roil-off with 7 ton limit. 1 2 40-cubic yard roll-off with 8 ton limit. 3 O en-to Roll-off GreenlUncontaminated Wood Wastes Bin Service. The 4 following schedule shall be applicable for open-top roll-off green wastes / d 5 uncontaminated wood wastes collection services on a per pull basis: 0 ull/service plus actual cost per ton of Green Waste / 6. 6 $335.12 per pull/service °' ra 7 Uncontaminated Wood waste as charged by the green waste processing facility to the o 8 a City with the following tonnage limits per size of roll-off box. c 9 ' 1 - 0 0 30-cubic yard roll-off with 7 ton limit. win 11 40-cubic yard roll-off with 8 ton limit. 12 Com actor Com osta tiles Bin Service. The following schedule shall be R 13 -cubic and to 40-cubic yard compactor services in which the material a) applicable for 10 Y 14 primarily consists of food wastes or other compostables and which the owner or N p y 15 authorized agent at the location is actively participating in the City's Recycling program a) 16 as determined by the Director of Public Services or his designee. The rate set forth o 17 � 18 below is on a per-pull basis: N 19 $335.12 per pull/service plus actual cost per ton of Green Waste / 20 Uncontaminated Wood waste as charged by the green waste processing facility with 1 21 the following tonnage limits per size of roll-off box. E- E 10-cubic yard roll-off with 2 ton limit. 0 23 a 20-cubic yard roll-off with 5 ton limit. 24 25 30-cubic yard roll-off with 7 ton limit. 26 40-cubic yard roll-off with 8 ton limit. 27 Open-to a o Roll- ff Recycline Bin Service. The following schedule shall be 28 applicable for open-top roll-off recycling collection services on a per pull basis: I 16 I Packet Pg.201 I 1 7.G.b 2008-433 30-cubic yard roll-off with 7 ton limit: $335.12 1 $335.12 2 40-cubic yard roll-off with 8 ton limit: I 3 The determination of whether a material is recyclable and therefore is eligible 4 for this rate schedule shall be at the discretion of the Director of Public Services or his ^ desi nee. In addition, the owner or authorized agent at the location must be actively it 5 designee.6 d participating in the City's Recycling program in order to receive this rate. d 'n Bin Service. The following schedule shall be re cz 7 Compactor Recycle a c)F. 8 applicable for 10-cubic yard to 40-cubic yard compactor recycling collection services N 9 pull basis. The determination of whether a material is recyclable and o 10 on a pe r p II tn 11 therefore is eligible for this rate schedule shall be at the discretion of the Director of co 12 Public Services or his designee. 0 $142.00 13 10-cubic yard compactor with 2 ton limit: � 14 $142.QQ co 20-cubic yard compactor with 5 ton limit: 15 $142.OQ 30-cubic yard compactor with 7 ton limit: To .L 16 $14200 40-cubic yard roll-off with 8 ton limit: $142.00 17 rweight 18 Ove Charges. The customer shall be responsible for payment of any o N 19 weight over the weight limits set forth within Section 15, and shall be billed r 20 accordingly. The overweight charge shall be calculated by multiplying the number of 21 tons over the ton limit by the current County of San Bernardino Waste Systems 22 Division tipping fee as set forth in accordance to the terms and conditions of the Waste 23 Delivery Agreement between the City and the County of San Bernardino, plus a $12 24 25 per ton overweight penalty fee. This additional charge shall be billed to the customer, 26 and shall be due and payable immediately. 27 In the event that the Director of Public Services or designee determines that a 28 bin is so overweight that the safe movement of said bin would not be feasible, it shall 17 Packet Pg.202 7.G.b •2008-433 be the responsibility of the customer to reduce the weight of the bin to an acceptable 1 2 level at the customer's own cost. In the event that the customer does not reduce the 3 weight of the bin to a safe level within 5-days of receipt of a red-tag. The customer will 4 be provided with the City's clean-up service. ^ 5 ;landing or Rnu_back Charge. A standing or roll-back charge shall be CD 6 defined as an amount charged to a customer under the following circumstances: d co 7 1) When a red tag was issued for either a roll-off or compactor which, as a U 8 a result of customers action or inaction, prevented the City from providing N 9 service to the bin when the collection truck arrived at the location and which o 10 s ) 11 situation was not corrected by the customer in less than fifteen (15) minutes 12 with the truck present in order for the City to render service; co II d 13 2) When a customer cancels a previously scheduled service in which the truck c io 14 is already enroute to the location or has arrived at the location; or co 15 3) A request by the customer to stand-by at the customer's location for a li co 16 =period in excess of fifteen (15) minutes. The standing or roll-back charge of 17 q 18 $135.70 shall be charged to the customer's account. o N 19 Compactor Cleaning. The City shall provide at the customer's request, a w s 20 cleaning service for compactors that are serviced by the City. Said compactor shall be g 21 brought to the City Yard, steam cleaned and returned to the customers location. The d compactor steam cleaning charge shall be $133.34.ce 0 as Zi 23 Misllaneous Compactor Repairs. Upon request of the customer, the City 24 25 may make any necessary repairs to the non-operating portion of the body of any 26 compactor unit in order to repair sheet metal or hardware damage, patch and repair 27 holes, or install or repair any safety devices necessary to ensure safe transport of the compactor. The City shall prepare an estimate for labor and materials and submit the 18 Y{ Packet Pg.203 1 .' • I 7.G.b ( I 2008-433 I estimate to the customer prior to commencing repairs. The customer shall authorize 1 2 said repairs in writing, prior to commencement. The rate for said repairs shall be 3 $66.91 per hour, plus materials and supplies. A minimum of one hour shall be 4 charged to the customer for any repairs. 5 1 I gi T Contamination of Recycling. Green Waste. Uncontaminated Wood Wastes L 6 V and Organics. In the event that a customer allows, causes or fails to prevent E. 4- 7 ix contamination of any roll-off or compactor assigned to and used for recycling, green F.g U waste, uncontaminated wood wastes or organics, the customer shall be responsible c 9 .N 10 for payment of the entire load as if it was all refuse and disposed of at an appropriate o u) 11 sanitary landfill at the rates set forth for the service of refuse roll-offs and compactors. 12 In addition, a $59.00 recycling contamination penalty fee shall be levied in addition to L 0) G' 13 the regular refuse charges for each occurrence of contamination. _ 14 SECTION 16. Miscellaneous Services and Charges. The following rates N 15 and schedules shall apply to the services described. co 16 .L 17 Automated Residential Collection Service Late Set-out Charge. The City of o San Bernardino hereby establishes that collection of refuse, recyclables and green o 18 N 19 wastes shall be accomplished between the hours of 6:00 a.m. and 7:00 p.m. on the 20 collection day as determined by the Director of Public Services or his designee. All ce 21 residential carts shall be placed at the designated collection location on the collection E 22 date no later than 6:00 a.m. An automated residential collection service late set-out co 23 shall be defined as any owner or authorized agent at a lawfully established service 25 address who fails to place the automated carts in the designated manner and place in 26 order to permit the City to service the automated carts by 6:00 a.m. For the purposes 27 of further clarification, a report of "missed service" shall not be considered valid and 28 shall be considered to be a late set-out, unless additional service locations and the I 19 Packet Pg 2E144 �: 7.G.b 2008-433 1 same color-coded cart have been missed within the same physical street block, as 2 determined by field investigation. The charge for a late set-out shall be $28.75 per 3 occurrence. 4 "Clean-up" Service. The City shall offer to all owners and authorized agents 5 a "Clean-up" service at any location within the City. Said service shall be defined as a CD 6 manual collection service designed to handle any miscellaneous refuse services not accommodated through other collection methods. Said service shall be offered in CO 8 9 fifteen (15) minute blocks, billable to the customer. The City shall provide an estimate 0 10 to the customer of the amount of time required and the cost, prior to provision of the 11 service. The customer shall pay, in advance of the service, the estimated cost. In the 12 event that said estimate is less than the actual cost of providing the service, the 13 customer shall be billed the difference. In the event that said estimate is higher than c 14 the actual cost of providing the service, the customer shall be provided a refund of the o 15 16 difference. 17 The rate for a refuse collection special service shall be $36.23 per fifteen o 18 minutes. 0 CN 19 Provision of Cit Issued Locks for Refuse Bins and Enclosures. 20 At the request of owner or authorized agents, the City shall provide a standard N 21 lock with two keys to the customer for use in securing the refuse, rec 22 yce clables or green wastes bins or bin enclosures. A charge of $17.70 shall be billed the customer for 5 23 24 each lock provided by the City. a r Special Assistance Program. The City shall provide a special assistance 26 program to elderly or disabled residents who are unable to move their automated carts 27 to the curb for servicing and who do not have any able-bodied individual living with the 28 resident. Subscription to this program requires a letter from a doctor or other medical 20 Packet Pg.205* I 7.G•b I 2008-433 1 professional, stating that the individual is unable to move their automated carts to the 2 curb and that there is no caregiver or other able-bodied individual available to perform 3 this activity at this address or location. Said subscription must be renewed on an 4 annual basis in order to remain on the special assistance program. There is no charge 5 for this program. 6 Refuse Bin Enclosure and Bus Stop Cleaning Service. The City may 7 _ provide, upon request, broom and steam cleaning of any refuse bin enclosure or bus ce 8 stop located within the City on either an on-call or scheduled service. The rate for this c 9 10 service shall be $37.17 per cleaning. 11 Charge for Late Payment. All charges for collection services are due and a I2 payable no later than thirty (30) calendar days after issuance of a claim, bill or invoice 13 by the City of San Bernardino Public Services Department. Payments not received by c 14 the due date shall be assessed a late charge of twelve percent (12%) per year, divided 15 16 into a monthly late charge of one percent (1%) on the outstanding balance. Accounts 17 which are delinquent more than ninety days may be turned over to a collection agency o 18 for collection. 19 Contamination of Residential Recycling and Green Waste. SBMC Section o 20 8.24.070 (D) Contamination of Green Waste and Commingled Recycling sets forth that N cu 21 containers set aside for recyclables or green waste shall be used only for ce 22 Y recyclables yc ables or green waste and no other materials. 5 23 24 For the purposes of enforcement of this section, the first notification of a 25 contamination shall be by a red tag attached to the customer's contaminated container 26 not serviced by the route driver. The second notification shall be by a red tag attached 27 to the customer's contaminated container not serviced by the route driver. The third 28 notification shall consist of a letter from the Public Services Department regarding the 9 g 21 Packet Pg.206 7.G.b 2008-433 1 first and second violations and the possibility of removal of the container for a period of 2 up to six months. 3 Subsequent contamination may result in the removal of the blue or green 4 container for an additional period of up to six months. When practicable, a photograph 5 of the alleged contamination shall be taken by a supervisor or field inspector in order -737 N 6 to document the contamination for any subsequent violations. A letter of notification E 7 shall follow removal of the container. 8 U 9 Upon the customer's request, the container may be returned after the up to six- c 10 month period, with submission of a signed recycling container agreement. o 11 Subsequent contamination may result in permanent removal of the blue or green 12 container. -0 CD 13 SECTION 17. Designation of Party Responsible For Payment of 14 Regular Refuse and Recyclable Collection Services at Apartment Building and N 15 16 Regional Shopping Malls. The Mayor and Common Council do hereby declare that 17 the responsible party for the purposes of payment for regularly scheduled refuse and .� 0 M 18 recycling collection services at designated apartment buildings and regional shopping o 19 malls shall be the owner or their designated agent of each apartment buildings and C c 20 regional shopping pping mall. The City is not responsible for billing individual tenants within 21 ce a designated apartment building or regional shopping mall. It shall be further declared 22 that the owner of each apartment building or regional shopping mall shall be billed t pp 9 23 directly for all refuse and recycling collection services ordered by the regional 24 a 25 shopping mall's property manager or their designee necessary to provide for refuse 26 and recyclable collection services to their tenants. Nothing in this section shall 27 preclude, limit or otherwise restrict the rights, options or authority of the owner or their 28 designated agent from billing, allocating or otherwise collecting said costs for regularly 22 I Packet Pg.207 ;j I 7.G.b ' ) 2008-433 1 scheduled refuse and recycling collection services from an individual tenant. This 2 section shall not be applicable to refuse or recyclable collection services directly 3 arranged for between a tenant of a regional shopping mall and the City; such services 4 shall be billed at the rates set forth herein. 5 SECTION 18. Emergency Waiver of Collection Fees. The Director of Public N 6 a Services may y provide collection and disposal service without charge in emergency E situations and when, in the opinion of the Director, such action is necessary to correct ce 8 9 immediately health and safety hazards. 10 SECTION 19. Mayor and Common Council Authorized To Exempt Non- o 11 Profit Events. The Mayor and Common Council may exempt from the fees and io 12 charges of this resolution certain not-for-profit events in the public interest. Such : 13 exemptions may include any conditions recommended by the Director of Public 14 Services regarding the provision of collection services. 0 15 16 SECTION 20. Cost Index of Refuse Rates. All rates set forth within this c 17 resolution shall be subject to an annual automatic cost indexing, beginning in January 2 0 18 2009 and ending in January 2013. The cost index shall consist of the percentage o PA 19 increase in the Consumer Price Index — All Urban Consumers for the Los Angeles- o 20 Riverside-Orange County California as published by the U.S. Department of Labor, y CD 21 ce Bureau of Labor Statistics Data, from September of the previous year to September of c 22 the current year. It shall be calculated as follows: 23 24 I1 = CPI Index for September of current calendar year. 25 12 = CPI Index for September of previous calendar year. 26 Percentage of Increase = 11 / 12. 27 Upon publication of the CPI for September of each calendar year by the U.S. 28 y Department of Labor, Bureau of Labor Statistics, the Public Services Department shall 23 1 Packet x`9.208 • 17.G.2008-433 bI 1 calculate the Percentage of Increase. This calculation shall be submitted to the Mayor 2 and Common Council as an agenda item the first meeting in December of each year 3 from 2009 through 2013 for information only. 4 If upon receipt of this report, the Mayor and Common Council elect to receive 5 and file this report, on January 1 of each year from 2009 through 2013 all rates as set ^ 1 N s forth in this resolution shall be increased by the Percentage of Increase. If upon S. 7 as receipt of this report, the Mayor and Common Council elect to suspend a rate 8 9 increase, they may do so by simple vote. 10 SECTION 21. Repeal of Resolution 2004-239. Resolution 2004-239 as o 11 related to the fees for collection services or in conflict herewith is hereby repealed, i CD 12 effective January 1, 2009. 13 !, SECTION 22. Effective Date. The rates set forth herein shall be effective c 14 January 1, 2009. 15 0 16 17 /// 18 111 M 1• 19 /// 20 ill 3 21 /// 22 /// 2 24 /II 25 /// 26 /11 27 28 III 24 Packet Pg09 7.G.b -' j 2008-433 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING THE FEES AND RATES TO BE CHARGED 2 FOR THE COLLECTION OF REFUSE, GREEN WASTES AND RECYCLABLES, AND REPEALING RESOLUTION 2004-239. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 4 5 Mayor and Common Council of the City of San Bernardino at a joint regular d 6 meeting thereof, held on the 17th day of November 2008, by the g 7 following vote, to wit: cc 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA X o N 10 BAXTER x o 11 N BRINKER X 12 .W 13 DERRY X 14 KELLEY 15 JOHNSON X N 16 MCCAMMACK x CO 17 �` o 18 19 N Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this 21 November , 2008. /d9/7( day of CD 22 �'► i �1C'�esa a=i 23 Patrick . Morris, Mayor Approved ►• • an Bernardino co 24 as to Form: 25 26 : h�- 'ames F. Penman 27 City Attorney 28 25 Packet 210 17.G.0 r I (NOTE: COMPANION RESOLUTION 2010-328) 1 RESOLUTION NO. 2010-327 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM 3 OF UNDERSTANDING WITH THE SAN BERNARDINO MUNICIPAL WATER DEPARTMENT FOR INTEGRATED WASTE CUSTOMER, BILLING AND 4 COLLECTION SERVICES 5 WHEREAS, the San Bernardino Municipal Water Department under the authority of y 6 the Board of Water Commissioners, and the Waste Management Division (IWM Division) of c 7 the City currently provide customer billing and collection services through separate staff and cz 8 operations; and, 9 10 WHEREAS, it is the desire of the Parties that cost savings and greater efficiencies and o o 11 effectiveness be achieved through integration of the customer billing and collection services of 12 t he IWM Division and the San Bernardino Municipal Water Department under the authority of co 13 the Board of Water Commissioners. 14 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE c 15 CITY OF SAN BERNARDINO AS FOLLOWS: To 16 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to :En 17 0 execute on behalf of said City a Memorandum of Understanding (MOU) between the City of N 18 M San Bernardino and San Bernardino Municipal Water Department, a copy of which is attached N 19 hereto, marked as Exhibit "A", and incorporated herein by this reference as fully as though set 20 21 forth at length. 22 SECTION 2. That pursuant to this determination the City's Director of Finance or her E 23 designee is hereby authorized to rocess the p payment of $360,000 as defined in the 2. 24 Memorandum of Understanding. 25 SECTION 3. The authorization to execute the above referenced MOU is rescinded if it 26 is not executed by both parties within sixty(60) days of the passage of this resolution. 27 28 /// I Packet Pg.211 I 7..Go1 2010-327 • I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM 2 OF UNDERSTANDING WITH THE SAN BERNARDINO MUNICIPAL WATER DEPARTMENT FOR INTEGRATED WASTE CUSTOMER, BILLING AND 3 COLLECTION SERVICES 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a rent regular meeting thereof, held y 6 20th m on the day of September , 2010, by the following vote, to wit: a 7 _ 2. Council Members: AYES NAYS ABSTAIN ABSENT re 8 E. 9 MARQUEZ ___x__ o c 0 10 DESJARDINS x y in 11 BRINKER x w N X 12 SHORETT d 13 KELLEY x 14 _ JOHNSON x In 15 0 MCCAMMACK X v 16 a 17 •°' 0 4.,/,_,,,t h. c..?...,,/, c., O 19 Rachel G. Clark, City Clerk o N The foregoing resolution is hereby approved this 0 20 2010. y PP �d day of September - u e o 21 Q CeD 22 Tobin Brinker,Mayor Pro Tern 23 Appr•ved as to Form: City of San Bernardino I 24 By: / w 25 • es F. Penman, City Attorney 26 27 28 Packet g 212 1 I I 7.G.c 2010-327 1 INTEGRATED WASTE CUSTOMER, BILLING AND COLLECTION SERVICE 2 MEMORANDUM OF UNDERSTANDING 3 THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this 20th day of 4 September, 2010, by and between the City of San Bernardino, a charter city (City) and the Board of Water 5 Commissioners of the City of San Bernardino(Board)(sometimes jointly referred to herein as the"Parties"). 6 Recitations: in ca CD 7 WHEREAS, the City and the Board are discrete entities pursuant to the Charter of the City of San E 8 Bernardino;and ai cc 9 WHEREAS, the Water Department under the authority of the Board and the Waste Management .2 U 10 Division(IWM Division)of the City currently provide customer billing and collection services through separate �+ 11 staff and operations;and, 12 WHEREAS, it is the desire of the Parties that cost savings and greater efficiencies and effectiveness be 13 achieved through integration of the customer billing and collection services of the IWM Division and the Water 14 Department under the authority of the Water Department; and w 15 WHEREAS, the Parties agree that in order to achieve the desired effectiveness and efficiencies the Ln ° 16 reporting responsibilities of certain IWM Division employees must be modified to require close interaction with 17 the employees of the Water Department in order to insure a timely response to service problems reported to the 18 Water Department by the public, and there shall other changes in operations of IWM Division and the Water r, r` 19 Department as deemed to be required by the Parties. _O 2 0 NOW THEREFORE, it is hereby agreed by the Parties as follows: ° N 21 1. SERVICE: The Water Department shall provide IWM Division all customer contact, billing, cashiers, data 3 22 maintenance,reporting,and collection services(IW Services) including the following: 2 3 > Five-day,49-hour per-week service(Monday—Thursday 7:30-5:30 and Friday 7:30-4:30); 2 4 > Bilingual customer service representatives; c) ca 25 > One-stop service for all City utilities; and, 2 6 > Accurate data collection and retention 2 7 2. TERM: The Water Department will provide this service from September 1, 2010 through June 30, 2013, 2 8 except for the termination provision stipulated in Paragraph 7. Exhibit "A" Page 1 of 4 Packet g 13 I iL� .nor°� � ' ' ax 7.G.c y4 I 2010-327 1 3. EXTENSION: This MOU may be extended up to five times beyond July 1, 2013, through mutual 2 agreement between the City and the Board, for a period of three years for each extension. Actual cost data 3 collected during the prior agreement term shall be utilized to determine the cost of service based pricing for 4 future extensions. 5 4. PAYMENT: Beginning October 1, 2010, IWM Division shall reimburse the Water Department $30,000 6 per month for all IW Services provided by the Water Department (City Payment) upon receipt of invoice from m 7 Water Department. The payment covers the costs of IW Services identified by the cost of service analysis 8 provided as a basis for this agreement. cc 9 5. ESCALATION: On an annual basis, beginning July 1 each fiscal year,the Water Department will increase c 10 the City Payment by a consumer price index factor(CPI-W Los Angeles, Orange County and Riverside). 11 6. SOFTWARE/HARDWARE: The Water Department maintains all computer software and hardware to 0 in 12 provide the IW Services. The Water Department is not required to modify any financial software supporting(or 13 supported by)billing, cashiering or customer service; except at the option of the Water Department. 14 7. OPERATIONAL REQUIREMENTS AND ACCOUNTABILITY: The Water Department will schedule 15 work orders for IWM Division field personnel. Such work orders shall be delivered by the Water Department 16 representative designated herein to the corresponding designated g grated IWM Division representative. Those _� 17 representatives are as follows: `0 0 c 18 For Department: For IW: 19 Administrative Services Manager `V IWM Operations Manager o 20 Upon receipt of the work order, IWM Division shall obtain the performance described in the work order c 21 by IWM Division field personnel within the time scheduled by the Water Department. Time for performance of 2 2 task under the work order shall be scheduled by the Water Department according to the followin co � g� 23 Generally, it shall be the responsibility of the City to ensure that IWM Division field personnel respond ai 2 4 within an industry-standardized reasonable time. Such industry-standardized reasonable time shall be 41 25 calculated, and the methodology for said calculation shall be the basis for adjustments in the above response 2 6 schedule. The schedule for response may be adjusted by mutual written agreement of the Parties. Any such 2 7 adjustments shall be attached to and incorporated by reference into this MOU. 28 Exhibit "A" Page 2 of 4 I Packet Pg.214I I 7.G.c I 2010-327 • 1 The Water Department will maintain a log of deficiencies or complaints related to the response time by 2 IWM Division field personnel. The City shall meet with the Water Department to correct and address any 3 deficiencies, and City shall provide management representation at such meeting with the authority to obtain the 4 required adjustments in performance. These meetings will occur quarterly, but may be scheduled on a more 5 frequent basis if required to address deficiencies as determined by the Water Department or IWM Division. a � 6 In the event that the Water Department meets with the City to address deficiencies and the deficiencies y L c(01,,' 7 are not corrected within the agreed time period, the Water Department shall upon the expiration of such time a) 8 period, provide IWM Division with written notice of deficiencies requiring correction. IWM Division shall re 9 within twenty(20)days of delivery of such written notice,correct the deficiencies listed. 10 In the event that all or any of the deficiencies remain uncorrected on the expiration of the time allowed, 11 the Water Department wi4I shall provide written notice to the City Manager of the deficiencies. Within ten (10) m N 12 days of delivery of such notice,the City Manager shall meet with the General Manager of the Water Department 13 to seek resolution of all deficiencies. d L 14 In the event that no resolution is reached to the satisfaction of the Water Department within 30 days of 15 date of notice to the City Manager or within such longer time as agreed by the Parties, this Agreement may be 2 16 terminated by-the Board without further notice. 17 In the event of termination for failure to address deficiencies, the Water Department shall within 30 '5) 18 days of date of notice of termination to the City Manager, cease its performance under this MOU. The Water rO 19 Department shall during that time provide reasonable assistance to IWM Division to establish the delivery of the 0 2 0 terminated services through alternative means. N 21 8. ONE-TIME SET UP CHARGES: IWM Division will reimburse the following one-time set up charges to 0 2 2 the Water Department: The Water Department will pay such contract invoices necessary to provide the re d 2 3 following services. The Water Department will provide an invoice, with appropriate support and IWM d 24 Division will reimburse within 30 days the following contract costs: 2 5 ➢ IWM Division billing system conversion costs(actual costs of HTE invoice)estimated at$25,000; 2 6 ➢ IWM Division personnel training for HTE work orders(actual costs of HTE invoice)estimated at 2 7 $8,000;and 2 8 ➢ IWM Division will donate to the Water Department two bill printers currently used by IWM Division. Exhibit "A" Page 3 of 4 I Packet .215 I • 7.G.c 2010-327 1 9. RATES, RULES AND REGULATIONS: All rates,rules and regulations for IWM Division services shall 2 be as approved by the City Council. IWM Division will obtain such City Council approval to conform all 3 service fees to those incorporated in the Water Departments Rates, Rules and Regulations. 4 10. LIABILITY: The Department has no liability for IWM Division accounts or charges classified as 5 uncollected or uncollectable as of September 30, 2010; and shall work with City Finance to process the 6 discharge of IW debt categorized as uncollectable prior to commencement of the term of this MOU. V 7 City shall bear all costs and shall indemnify and hold harmless the Board and its agents of any claim, E 8 action or liability arising from the creation of this MOU, this MOU, or performance of the requirements hereof tr 9 by the Parties. V c 10 This MOU is executed by and between the City of San Bernardino and the Board of Water Commissioners .N 11 of the City of San Bernardino for the provision of services defined above. a) 12 V 13 CITY OF SAN BERNARDINO 14 BOARD OF WATER COMMISSIONERS c 15 Date: c 16 Toni Callicott,President Csi 17 Date: Robin L. Ohama, 18 Deputy City Clerk&Ex-Officio Secretary 0 N 19 CITY OF SAN BERNARDINO ° 2 0 Date: 21 Charles E. McNeely,City Manager 0 2 2 Approved as to Form: ATTEST: tr 23 24 James F. Penman,City Attorney Rachel Clark,City Clerk 25 26 27 28 Exhibit "A" Page 4 of 4 1� P Cke P 1 I 1 I x2 71d`U•, . ai .G.o ba 2010-327 1 INTEGRATED WASTE CUSTOMER,BILLING AND COLLECTION SERVICE MEMORANDUM OF UNDERSTANDING 2 3 THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this 20th day of 4 September, 2010, by and between the City of San Bernardino, a charter city (City) and the Board of Water 5 Commissioners of the City of San Bernardino(Board)(sometimes jointly referred to herein as the"Parties"). : 6 Recitations: 7 WHEREAS, the City and the Board are discrete entities pursuant to the Charter of the City of San E m w 8 Bernardino;and t° 9 WHEREAS, the Water Department under the authority of the Board and the Waste Management (-)c 0 10 Division(IWM Division)of the City currently provide customer billing and collection services through separate .c.1 11 staff and operations; and, 12 WHEREAS, it is the desire of the Parties that cost savings and greater efficiencies and effectiveness be 13 achieved through integration of the customer billing and collection services of the IWM Division and the Water 14 Department under the authority of the Water Department; and °1 15 WHEREAS, the Parties agree that in order to achieve the desired effectiveness and efficiencies the 2 16 reporting responsibilities of certain IWM Division employees must be modified to require close interaction with 70 17 the employees of the Water Department in order to insure a timely response to service problems reported to the rn 1 g Water Department by the public, and there shall other changes in operations of IWM Division and the Water M 19 Department as deemed to be required by the Parties. 0 2 0 NOW THEREFORE, it is hereby agreed by the Parties as follows: 21 1. SERVICE: The Water Department shall provide IWM Division all customer contact, billing,cashiers, data 22 maintenance, reporting, and collection services(IW Services) including the following: 2 3 > Five-day, 49-hour per-week service(Monday—Thursday 7:30-5:30 and Friday 7:30-4:30); 2 4 > Bilingual customer service representatives; 2 5 > One-stop service for all City utilities; and, 2 6 > Accurate data collection and retention 27 2. TERM: The Water Department will provide this service from September 1, 2010 through June 30, 2013, 2 g except for the termination provision stipulated in Paragraph 7. EXHIBIT"A" Page 1 of 4 Packet Pg.217 2010-327 I 7.G.c 1 3. EXTENSION: This MOU may be extended up to five times beyond July 1, 2013, through mutual 2 agreement between the City and the Board, for a period of three years for each extension. Actual cost data 3 collected during the prior agreement term shall be utilized to determine the cost of service based pricing for 4 future extensions. 5 4. PAYMENT: Beginning October 1, 2010, IWM Division shall reimburse the Water Department $30,000 co 6 per month for all IW Services provided by the Water Department(City Payment) upon receipt of invoice from C) 7 Water Department. The payment covers the costs of IW Services identified by the cost of service analysis ss 8 provided as a basis for this agreement. a 9 5. ESCALATION: On an annual basis,beginning July 1 each fiscal year,the Water Department will increase v 0 10 the City Payment by a consumer price index factor(CPI-W Los Angeles,Orange County and Riverside). 11 6. SOFTWARE/HARDWARE: The Water Department maintains all computer software and hardware to 0 N 12 provide the IW Services. The Water Department is not required to modify any financial software supporting(or 13 supported by) billing, cashiering or customer service;except at the option of the Water Department. 14 7. OPERATIONAL REQUIREMENTS AND ACCOUNTABILITY: The Water Department will schedule 15 work orders for IWM Division field personnel. Such work orders shall be delivered by the Water Department 16 representative designated herein to the corresponding designated IWM Division representative. Those N 17 representatives are as follows: _ •L 18 For Department: For IW: F- M 19 Administrative Services Manager IWM Operations Manager 0 2 0 Upon receipt of the work order, IWM Division shall obtain the performance described in the work order 21 by IWM Division field personnel within the time scheduled by the Water Department. Time for performance of 3 0 co 2 2 task under the work order shall be scheduled by the Water Department according to the following: 2 3 Generally, it shall be the responsibility of the City to ensure that IWM Division field personnel respond a=i 2 4 within an industry-standardized reasonable time. Such industry-standardized reasonable time shall be 2 5 calculated, and the methodology for said calculation shall be the basis for adjustments in the above response a 2 6 schedule. The schedule for response may be adjusted by mutual written agreement of the Parties. Any such 2 7 adjustments shall be attached to and incorporated by reference into this MOU. 28 Page 2 of 4 I Packet g. 218� 17 G.c I 2010-327 1 The Water Department will maintain a log of deficiencies or complaints related to the response time by 2 IWM Division field personnel. The City shall meet with the Water Department to correct and address any 3 deficiencies, and City shall provide management representation at such meeting with the authority to obtain the 4 required adjustments in performance. These meetings will occur quarterly, but may be scheduled on a more 5 frequent basis if required to address deficiencies as determined by the Water Department or IWM Division. d 6 In the event that the Water Department meets with the City to address deficiencies and the deficiencies L 7 are not corrected within the agreed time period, the Water Department shall upon the expiration of such time E as 8 period, provide IWM Division with written notice of deficiencies requiring correction. IWM Division shall as a 9 within twenty(20)days of delivery of such written notice;correct the deficiencies listed. 10 In the event that all or any of the deficiencies remain uncorrected on the expiration of the time allowed, c' 11 the Water Department wi-I.1 shall provide written notice to the City Manager of the deficiencies. Within ten (10) o tC 12 days of delivery of such notice,the City Manager shall meet with the General Manager of the Water Department 13 to seek resolution of all deficiencies. °' 14 In the event that no resolution is reached to the satisfaction of the Water Department within 30 days of 15 date of notice to the City Manager or within such longer time as agreed by the Parties, this Agreement may be 16 terminated by the Board without further notice. 17 In the event of termination for failure to address deficiencies, the Water Department shall within 30 18 days of date of notice of termination to the City Manager, cease its performance under this MOU. The Water N M 19 Department shall during that time provide reasonable assistance to IWM Division to establish the delivery of the o 0 2 0 terminated services through alternative means. `" 21 8. ONE-TIME SET UP CHARGES: IWM Division will reimburse the following one-time set up charges to 22 the Water Department: The Water Department will pay such contract invoices necessary to provide the 2 3 following services. The Water Department will provide an invoice, with appropriate support and IWM 2 4 Division will reimburse within 30 days the following contract costs: C 2 5 > IWM Division billing system conversion costs(actual costs of HTE invoice)estimated at$25,000; Q 2 6 > IWM Division personnel training for HTE work orders(actual costs of HTE invoice)estimated at 2 7 $8,000;and 2 8 ➢ IWM Division will donate to the Water Department two bill printers currently used by IWM Division. Page 3 of 4 Packet Pg.219 -* 2010-327 I 1 9. RATES,RULES AND REGULATIONS: All rates,rules and regulations for IWM Division services shall 2 be as approved by the City Council. IWM Division will obtain such City Council approval to conform all 3 service fees to those incorporated in the Water Departments Rates, Rules and Regulations. 4 10. LIABILITY: The Department has no liability for IWM Division accounts or charges classified as 5 uncollected or uncollectable as of September 30, 2010; and shall work with City Finance to process the 6 discharge of IW debt categorized as uncollectable prior to commencement of the term of this MOU. 7 City shall bear all costs and shall indemnify and hold harmless the Board and its agents of any claim, E 8 action or liability arising from the creation of this MOU, this MOU, or performance of the requirements hereof 12 9 by the Parties. U 10 This MOU is executed by and between the City of San Bernardino and the Board of Water Commissioners N 11 of the City of San Bernardino for the provision of services defined above. 12 v 13 CITY OF SAN BERNARDINO L 14 BOARD OF WATER COMMISSIONERS 15 Date: ft X02 ' o 0 its 16 Toni allico ,P ident 17 ‘9(i14A-o a) Date: 1/-o? - /6 Robin L. Ohama, 18 Deputy City Clerk&Ex-Officio Secretary N M 19 CITY • AN BERNA' 1 NO 20 Date: 0\\216)\\P 21 h.rtes E. McNee y, i.' anager 0 2 2 Ap Proved as to Form: ATTEST: 2 3 // /fie✓[-/ _CD 2 4 /-s F. Penman, City Attorney Rache Clark,City Clerk 25 a 26 27 28 Page 4 of 4 I Packet Pg.220 I I(NOTE: COMPANION RESOLUTION 2010-327) TG' ` I I 1 RESOLUTION NO. 2010-328 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AMENDING RESOLUTION 2008-433 IN ORDER TO ESTABLISH ADDITIONAL FEES FOR THE INTEGRATED WASTE 4 MANAGEMENT DIVISION (IWM) AND AUTHORIZE THE SAN BERNARDINO 5 MUNICIPAL WATER DEPARTMENT TO BILL, COLLECT AND TAKE ANY NECESSARY ACTIONS ON IWM DELINQUENT ACCOUNTS. N CD 6 7 WHEREAS, the Mayor and Common Council adopted Resolution 2008-433 8 establishing the fees and rates to be charged for the collection of refuse, greenwastes and U a 9 recyclables, and establishing the following fees; and ° .N 10 WHEREAS, the fees and charges set forth therein shall apply to the collection of o To 11 residential and commercial refuse and other materials by the City of San Bernardino Public 12 CLI 13 Works Department, Integrated Waste Management Division; and a, 14 WHEREAS, the City of San Bernardino Public Works Department, Integrated Waste c co 15 Management Division has entered into a Memorandum of Understanding with the San 16 Bernardino Municipal Water Department to provide customer billing and collection services; .' 17 and 18 0 WHEREAS, the Mayor and Common Council seek to provide consistency between the N 19 City of San Bernardino Public Works Department, Integrated Waste Management Division E. 20 co 21 customer billing and collection services fees, charges and operations and those applicable ce 22 Rates, Rules and Regulations of the San Bernardino Municipal Water Department;and 23 WHEREAS, the Mayor and Common Council hereby amends Resolution 2008-433 es 24 and establishes miscellaneous service rates, fees and charges consistent with Rates, Rules and 25 Regulations of the San Bernardino Municipal Water Department. 26 27 28 "I I Packet P g. 221 I 7.G.d • 2010-328 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 2008-433 IN ORDER TO 2 ESTABLISH ADDITIONAL FEES FOR THE INTEGRATED WASTE MANAGEMENT DIVISION (IWM) AND AUTHORIZE THE SAN BERNARDINO 3 MUNICIPAL WATER DEPARTMENT TO BILL, COLLECT AND TAKE ANY NECESSARY ACTIONS ON IWM DELINQUENT ACCOUNTS. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE N 6 CITY OF SAN BERNARDINO AS FOLLOWS: U 7 SECTION 1. Resolution No. 2008-433, Section 16, Charge For Late Payment, 8 is hereby amended to read as follows: a U 9 "SECTION 16. Miscellaneous Services and Charges. The following rates and .N 10 > schedules shall apply: ° 11 1. A $25.00 account initiation fee shall be applied to new customers. -0 12 13 2. A fee of$2 shall be charged for the mailing of each delinquent notice. 14 3. A Roll-off bin removal fee of$54.00 shall be charged to customers when they are • co 15 41 days past due and have a$25 or more delinquent balance. 16 4. A Removal Cart fee of$45.00 shall be charged when customers are 41 days past .tin 17 0` due, have a$25 or more delinquent balance and the carts have been removed. co 18 5. A Red Tag Fee of$25.00 shall be applied after the 1st red tag notice that informs the 19 = 20 customer of contamination in their green or blue carts. 21 6. Upon accounts becoming 41 days past due, refuse bins and roll-off bins will be & w 22 removed from residential and commercial accounts. A fee of$45.00, resulting from a failure to E 0 23 pay amounts owed to Integrated Waste Management shall be charged for the removal of carts V. 24 for the collection of trash, green waste, and recycling. A fee of$54.00, resulting from a failure 25 to pay amounts owed to Integrated Waste Management, shall be charged for the removal of 26 27 roll-off bins for the collection trash, green waste and recycling." 28 Packet g 222'x,I 2010-328 • 7.G.Ci I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AMENDING RESOLUTION 2008-433 IN ORDER TO 2 ESTABLISH ADDITIONAL FEES FOR THE INTEGRATED WASTE MANAGEMENT DIVISION (IWM) AND AUTHORIZE THE SAN BERNARDINO 3 MUNICIPAL WATER DEPARTMENT TO BILL, COLLECT AND TAKE ANY NECESSARY ACTIONS ON IWM DELINQUENT ACCOUNTS. 4 5 SECTION 2. Receive and file the cost analysis worksheets, a copy of which is attached 6 hereto, marked as Attachment"2." d SECTION 3. The City hereby adopts and applies the Rates Rules and Regulations of Ix 8 a 9 the San Bernardino Municipal Water Department and any future amendments approved by the c 10 Board of Water Commissioners to the applicable operations of Integrated Waste Management. o 11 The adopted fees will not exceed the cost of service as approved by the Board of Water 12 Commissioners. 13 �, SECTION 4: Section 11 Bin Roll-out Service is hereby amended to read, "...said c 14 services shall be provided to the customer at the rate of$67.26 per month..." o 15 16 SECTION 5: Section 16 Contamination of Residential Recycling and Green Waste is co 17 hereby amended to read " ... the first notification of contamination shall be by a red tag 0 18 attached to the customer's contaminated container not serviced by the driver and a c N 19 notification letter will also be sent by the department. The second notification shall be by a c 20 red tag attached to the customer's contaminated container not serviced by the route driver „ 21 and a $25.00 fine. After the second red tag event the bin / cart will be picked up and 22 C, service terminated." 23 24 SECTION 6. The San Bernardino Municipal Water Department is authorized to bill, a 25 collect and take any necessary action on the Integrated Waste Management delinquent 26 accounts. 27 28 I Packet 223 7.G.d 2010-328 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 2008-433 IN ORDER TO 2 ESTABLISH ADDITIONAL FEES FOR THE INTEGRATED WASTE MANAGEMENT DIVISION (IWM) AND AUTHORIZE THE SAN BERNARDINO 3 MUNICIPAL WATER DEPARTMENT TO BILL, COLLECT AND TAKE ANY NECESSARY ACTIONS ON IWM DELINQUENT ACCOUNTS. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint 6 and Common Council of the City of San Bernardino at a regular meeting thereof, held 7 on the 20th da of September , 2010, by the following vote,to wit: To 8 ce EL" U 9 Council Members: AYES NAYS ABSTAIN ABSENT .y 10 > MARQUEZ X ° 11 DESJARDINS X 12 -� ° 13 BRINKER X 14 SHORETT X 15 KELLEY X To 16 JOHNSON X •� 17 0 MCCAMMACK X N 18 0 O 19 N 20 Rac el G. Clark, City Clerk 0 21 The foregoing resolution is hereby approved this i7,0( day of September 2010. 22 23 Q-".2 24 Tobin Brinker, Mayor Pro Tern 2 City of San Bernardino 5 Approved as to Form:• 26 By: L4` s F. Penman, City Attorney 27 28 Packet Pg.224 I 2010-328 Attachment"2" User Fee Determination Cost Analysis Worksheet Department/Division Fund Account User Fee Description Date Integrated Waste Mgt 527 4846 Account Initiation Fee 8/30/2010 Description of service,demand,subsidy,and other comments: This fee time to set-up and initiate a new customer. °' to m L V d Personnel Costs to Labor Rates at Straight lime Fri 0. Position hinge Total Direct Dept.or Div. Total Burdened Hours 0 c Labor Benefits Labor Cost Overhead Total 2 IW Customer Service Rep. Labor Cost/Hr Position per Unit Cost pe — P• 24.57 7.37 31.94 3.19 35.14 0.6 21.08 en _ - 0 _ d o co eu 'C 0 Total Burdened Personnel Costs tLa per Unit of Service 21.08 � d Material&Rental Costs in Description Cost Each Quantity Required Unit Cost 0.00 0 _ CV 0 0 - 0 C Total Other costs per Unit of Service: - :L O co Other Costs(Equipment,facili rental,part-time labor w/o benefits) N Description M Experian fee Cost Each Quantity Required Unit Cost rC 5.00 1 5.00 ° cv _ o 7. Total Other costs per Unit of Service: 5.00 Comparisons to Proposed Fee o ceN d More(Less)than S.B. Total Samos ce Dired Cost 26.08 Jurisdiction Fee per Unit w The City of San Bernardino Dollars Percentage City-w de con.aAemin. d Municipal Water Department Rate fa 798% 2 08 E 25.00 - 0% Total Service Cost/Unit 2A 1 R V - 0% a 0% Recommended Fee 25 00 Q Recommended Fee Subsidy 3.16 Current Fee Amount 0.00 Fee Increase(Decrease) 25 00 I Packet Pg. 2 I 7.G.d• • User Fee Determination Cost Analysis Worksheet Department/Division Fund Account User Fee Description Date Integrated Waste Mgt 527 4846 Delinquent Notice Charge 8/30/2010 Description of service,demand,subsidy,and other comments: d This fee recoups all the printing, mailing, paper stock costs and manpower associated with the delinquent notices R m L f.) d Personnel Costs W Labor Rates a Straight Time Fringe Total Direct Dept.or Div. Total Burdened Hours by Total Labor V Position Labor Benefits Labor Cost Overhead Labor Cost/Hr. Position per Unit Cost per O Customer Service Rep. 24.57 7.37 31.94 3.19 35.14 0.05 1.76 N - _ _ _ p _ _ w co co -O m co Total Burdened Personnel Costs per Unit of Service: 1.76 cc d r C Material&Rental Costs Description t0 Paper Cost Each Quantity Required Unit Cost CO 0.05 1 0.05 Csi Stamp 0.44 1 0.44 Ts - C Total Other costs per Unit of Service: 0.49 '1 L 0 co Other Costs(Equipment,facility rental,part-time labor w/o benefits) N M Description Cost Each Quantity Required Unit Cost O r O N - C O Total Other costs per Unit of Service: - 2 O Comparisons to Proposed Fee to a> W More(Less)than S.B. Total Service Direct Cost 2.25 a-; Jurisdiction Fee per Unit Dollars Percentage City-Wide Gen..8 min C The City of San Bernardino °� Rate/9?7.98% 0.18 E Municipal Water Department 2.00 - 0% Total Service Ceswnit 2 43 (2.00) -100% _O (2.00) -100% Recommended Fee 7 no Q Recommended Fee Subsidy 0.43 Current Fee Amount 0.00 Fee Increase(Decrease) 2 no Packet pg.226 1 G d.. 2010-328 User Fee Determination Cost Analysis Worksheet Department/Division Fund Account User Fee Description Date Integrated Waste Mgt 527 4846 Roll-Off Bin Removal Fee 8/30/2010 Description of service,demand,subsidy,and other comments: m N Accounts are subject to discontinued refuse services when they are 41 days past due and have a$25 or more delinquent balance. In the event of discontinued refuse services,a three(3)month deposit(three times their current monthly rate)will be required from the customer before refuse services can be restored and a$54.00 restart fee will be applied. This fee for pulling roll-off bins and replacing them. ca Personnel Costs Labor Rates p, V Straight lime Fringe Total Direct Dept.or Div. Total Burdened Hours by Total Labor Position Labor Benefits Labor Cost Overhead Labor Cost/Hr. Position per Unit Cost per •y Senior IW Operator 20.55 6.17 26.72 2.67 29.39 1 29.39 3 d to -o d w 0 Total Burdened Personnel Costs per Unit of Service: 29.39 01 tU r C Material&Rental Costs Description Cost Each Quantity Required Unit Cost co N 713 C a) Total Other costs per Unit of Service: - 'i 0 w Other Costs(Equipment,facili rental,part-time labor w/o benefits) t'? Description Cost Each Quantity Required Unit Cost Roll-off truck operating costs 21.12 1 21.12 0 Total Other costs per Unit of Service: 21.12 6 to Comparisons to Proposed Fee More(Less)than S.B. Total service Direct Cost 50.51 Jurisdiction Fee per Unit Dollars Percentage Cty-Wide Gen.&Admin. 0% Rate©7.98% 4.03 _c 0 Total Service Coswnd 54 54 tp 0 Recommended Fee 54 00 Rerommended Fee Subsidy 0.54 Current Fee Amount 0.00 Fee Increase(Decrease) 54 00 Packet P+,.227' 7.G.d • 2010-328 • User Fee Determination Cost Analysis Worksheet Departrnent/Division Fund Account User Fee Description Date Integrated Waste Mgt 527 4846 Removal Cart Fee 8/30/2010 Description of service,demand,subsidy,and other comments: y Accounts are subject to discontinued refuse services when they are 41 days past due and have a$25 or more delinquent m balance. In the event of discontinued refuse services,a three(3)month deposit(three times their current monthly rate)will be E required from the customer before refuse services can be restored and a$45.00 restart fee will be applied. This fee for pulling c trashcans and replacing them. ,a; as ce Personnel Costs Labor Rates a Straight Time Fringe Total Direct Dept.or Div. Total Burdened Hours by Total Labor 0 C Position Labor Benefits Labor Cost Overhead Labor Cost/Hr. Position per Unit Cost per O Senior IW Operator 20.55 6.17 26.72 2.67 29.39 1 29.39 .N - - - - 0 - - - - - - - -0 0 r-r Total Burdened Personnel Costs per Unit of Service: 29.39 A : C Material&Rental Costs Description Cost Each Quantity Required Unit Cost G - N Ce - C Total Other costs per Unit of Service: - co L 0 co Other Costs(Equipment,facility rental,part-time labor w/o benefits) �? Description Cost Each Quantity Required Unit Cost 0 r Side-loader or flat bed 19.02' 1 19.02 c N - C O Total Other costs per Unit of Service: 19.02 "6 N Comparisons to Proposed Fee ce More(Less)than S.B. Total service Direct cost 48.41 ,«.: Jurisdiction Fee per Unit Dollars Percentage City-Wide Gen.&Admin. y City of Ontario 44.00 (1.00) -2% Rate 57.98% 3.86 t (45.00) -1 Total Service cosuUnh 52.27 Cl (45.00) -1 e° (45.00) -100% Recommended Fee 45 no Q Recommended Fee Subsidy 7.27 - Current Fee Amount 0.00 - Fee Increase(Decrease) 45 00 Packet g.228 7Gtl_`- . • 2010-328 User Fee Determination Cost Analysis Worksheet Department/Division Fund Account User Fee Description Date Integrated Waste Mgt 527 4846 Red Tag Fee 8/30/2010 Description of service,demand,subsidy,and other comments: d This fee recoups all costs relating to the enforcement,printing and mailing associated with the red tag program. co L V C 0 4I ti Personnel Costs Labor Rates a Straight Time Fringe Total Direct Dept.or Div. Total Burdened Hours by Total Labor V C Position Labor Benefits Labor Cost Overhead Labor Cost/Hr. Position per Unit Cost per p 1W Field Inspector 25.32 7.60 32.92 3.29 36.21 0.75 27.16 ,o - - _ - 0 N rC _ _ - -a G1 Total Burdened Personnel Costs per Unit of Service: 27.16 r_41 a) t, C Material&Rental Costs —In Description Cost Each Quantity Required Unit Cost CO Paper 0.05 1 0.05 N Stamp 0.44 1 0.44 �o Total Other costs per Unit of Service: 0.49 t) L 0 Co or Other Costs(Equipment,facility rental,part-time labor w/o benefits) c? Description Cost Each Quantity Required Unit Cost O- - O Cl - C 0 .Y Total Other costs per Unit of Service: - m O to Comparisons to Proposed Fee cv et More(Less)than S.B. Total Service Direct Cost 27.65 Jurisdiction Fee per Unit Dollars Percentage City-Wide Gen.8 Admin. d Rate 57.98k 2.21 E 0% Total Service Cost/Unit 7A 85 o co 0%o w 0% Recommended Fee 25 00 Q Recommended Fee Subsidy 4.85 Current Fee Amount 0.00 Fee Increase(Decrease) 75 no Packet d•229 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 2008-433 AND 3 CONSOLIDATING RESOLUTION 2010-327 AND RESOLUTION 2010-238. 4 WHEREAS, the Mayor and Common Council adopted Resolution 2008-433 5 establishing fees and rates to be charged for the collection of refuse, greenwastes and 6 recyclables; and 7 CIS 8 WHEREAS,the Mayor and Common Council also adopted Resolutions 2010-327 and a 9 2010-328 amending Resolution 2008-433; and o 10 WHEREAS, the fees and charges set forth herein as well as in the related Resolutions o 11 described above shall apply to the collection of residential and commercial refuse and other i to 12 a 13 materials by the City of San Bernardino Public Works Department, Integrated Waste a� as 14 Management Division; and co 15 N NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON 16 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 2 0) 17 SECTION 1. The following sections of Resolution 2008-433 are hereby amended to 2 18 read as follows: N 19 GG * x 2 20 O SECTION 2. Collection of Refuse, Green Wastes and Recyclables — Automated ' 21 Residential Collection Services — General Provision. The standard service level unit for 22 23 automated collection shall be defined as the provision to each lawfully established service 24 address, three City owned 96-gallon automated carts, generally color coded black for refuse, 25 blue for commingled recyclables and green for green wastes. Services are rendered once per 26 week, on said collection day as determined by the Director of Public Works or his/her 27 designee. Said service is and shall be subject to all requirements set forth in Chapters 8.24 28 1 Packet Pg.230 I 7.G.e I 1 and 8.25 of the San Bernardino Municipal Code, as well as other applicable County, State or 2 Federal laws or regulations. 3 4 SECTION 3. Collection of Refuse, Green Wastes and Recyclables — Automated 5 Residential Collection Services—Single Family Units, Multiple Family Units and Mobile 6 Home Parks Receiving Automated Green Wastes Services. For the collection of refuse, d 7� co 8 green wastes and recyclables, the owner or other fiscally responsible agent of said property a 9 located within the corporate boundaries of the City of San Bernardino shall pay on a monthly .2 ' 10 basis according to the following schedule: 11 Single Family Residential Unit,including an individual Mobile Home receiving three 12 13 (3) carts (one service unit) $22.84 14 Duplex Residential Unit(one service unit) $22.84 co i5 Triplex Residential Unit(two service units) $45.68 N 16 Four-plex Residential Unit(two service units) $45.68 _ co 17 Five-plex Residential Unit and above _� P bin service ti 18 N The determination as to whether an individual location may be adequately serviced by o 19 N 20 automated collection shall be made at the discretion of the Director of Public Works or his/her 21 designee. The rates set forth in SECTION 3 shall not be applicable to mobile home parks CD 22 which do not receive automated green wastes services; however, all other requirements set 23 forth in SECTION 5 shall be applicable to mobile home parks. 24 a 25 26 SECTION 4. Collection of Refuse, Green Wastes and Recyclables — Automated 27 Residential Collection Services — Additional Carts. Each automated collection customer 28 may be permitted to receive an additional 96-gallon automated cart generally color coded 2 Packet Pg.23 ro e I black for refuse, blue for commingled recyclables and green for green wastes for the 2 following rate: 3 Additional black cart $12.97 per month 4 Additional blue cart No cost 5 Additional green cart $11.35 per month 6 7 Said additional cart charge shall be added to the regular monthly charges set forth in w 8 SECTION 3 of this resolution. The Director of Public Works or his/her designee shall retain E a U 9 the authority to cause the customer to demonstrate that sufficient recyclables will be generated 10 prior to authorizing the addition of a blue cart to any customer account and may remove any it N additional blue container for lack of assigned use and contamination. 12 It shall be the responsibility of the automated collection customer to maintain their 1.. 14 carts in a clean and sanitary manner and to secure their carts when not placed out for c 15 collection. In the event that an automated collection customer requests that a cart be replaced N 16 due to willful negligence, or destruction of the cart due to an act by the customer or if a cart is 17 reported stolen, the customer may be charged a replacement fee for each cart and may be 18 requested to submit a police report for their missing container subject to the determination of 19 20 the Director of Public Works or his/her designee. The rate charged for replacement of any cart 21 shall be equal to the cost of the cart to the City at the time the request is made. a) 22 23 SECTION 5. Collection of Refuse, Green Wastes and Recyclables — Automated co 24 a Residential Collection Services — Mobile Home Parks Not Receiving Automated Green 25 26 Wastes Services. The standard service level unit for automated collection rendered in mobile 27 home parks which do not receive green wastes service shall be defined as the provision to 28 each individual occupied coach or residential unit, two City owned automated carts, generally 3 I Packet Pg'232 I 7Ge4 1 color coded black for refuse and blue for commingled recyclables. Services are rendered once 2 per week, on said collection day as determined by the Director of Public Works or his/her 3 designee. Said service is and shall be subject to all requirements set forth in Chapters 8.24 4 and 8.25 of the San Bernardino Municipal Code, as well as other applicable County, State or 5 N Federal laws or regulations. cc 6 7 The rate per individual occupied coach or residential unit shall be$15.24 per month. w CCI cc 8 The total amount due for collection services rendered within each mobile home park a 9 shall be the total number of occupied spaces for which the mobile home park's owner or 10 0 11 N authorized agent is collecting rent. It shall be the mobile home park owner or authorized agent's responsibility for coordinating service establishment between the mobile home park 12 -p cp tenant and the City. It shall be the mobile home park owner or authorized agent's 13 14 responsibility to report to the Water Department Customer Service Department on the fifth 15 business day of each month, the total number of occupied spaces within the park for the 16 previous calendar month. Failure to report an accurate number of occupied spaces within the 17 •L park for the previous calendar month, by the fifth business day may result in a charge for the o 18 total amount of occupy-able spaces within the park boundaries. Payment for the total amount c 19 N 20 for collection services rendered within a mobile home park shall be the responsibility of the 21 mobile home park owner or authorized agent upon submission of an invoice. Nothing in this CD ce 22 section shall preclude the owner or authorized agent of a mobile home park from individually a 23 billing or otherwise collecting reimbursement from the tenants located in the mobile home 24 park for the collection services provided. 25 26 Z7 SECTION 6. Collection of Refuse, Green Wastes and Recyclables — ManuaI 28 Collection Services for Small Businesses. This service level unit shall be offered to any 4 I Packet Pg.'233, I I 7.G.0I 1 small business which, in the determination of the Director of Public Works or his/her designee 2 is unable to receive either automated collection service or front load collection services 3 because of either a lack of volume or inaccessibility to the business by either the front-load 4 collection truck or the automated collection truck, or if manual collection services is required 5 ta temporarily. fE 6 7 This rate shall be $108.68 per month for once per week service. Additional services 70.* 8 per week shall be charged by multiplying the rate of$108.68 per month by the total number of a 9 days per week of service required. o y 10 '- Services are rendered on said collection day as determined by the Director of Public ° a, l.1 y Works or his/her designee. Said service is and shall be subject to all requirements set forth in 12 13 Chapters 8.24 and 8.25 of the San Bernardino Municipal Code, as well as other applicable 14 County, State or Federal laws or regulations. 15 * * * * co N 16 SECTION 8. Collection of Refuse, Green Wastes and Recyclables-Commercial, 17 Multiple Family Residential, Professional and Industrial Accounts Using Front Load 18 N Bins-General Provisions. r 19 20 A. The City of San Bernardino shall provide front load bin service to all lawfully 21 established service addresses in which the owner or authorized agent has either 22 entered into a Service Contract with the City to provide said service, or who 23 has historically received City service. The City shall provide front load bin co 24 service ranging in size from 2-cubic yard to 6-cubic yards, and frequency of 25 26 service from one day per week to six day per week in order to meet the refuse, 27 recyclables and green waste service needs of the customer. Except for the 28 provisions set forth in Part E of this Section, commercial businesses, multiple 5 I Packet Pg.234 LL1 7.G.e I 1 family residential units larger than four-plex in size and professional and 2 industrial accounts shall be required to use front load bins. The Director of 3 Public Works or his/her designee shall have the authority to determine if a 4 service Ievel is sufficient for the amount of refuse, recyclables and green waste 5 produced by a customer and may cause for the appropriate N 6 ppropriate service level to be 7 established at any time. Said service is and shall be subject to all requirements CD 8 set forth in Chapters 8.24 and 8.25 of the San Bernardino Municipal Code, as a 9 well as other applicable County, State or Federal laws or regulations. 10 •; B. Any customer who is receiving six-day per week collection service and is not 11 serviced six times during any calendar week due to a Federal, State or Locally 12 13 declared holiday in which the City Integrated Waste Management Division 14 does not operate, shall not be entitled to a credit to their account for the missed 15 day of service. 16 C. It is the responsibility of the owner or authorized agent to provide an adequate 17 t and appropriate location for the safe and proper storage of refuse, recyclables 18 or green wastes bins while on the owner or authorized agent's roe N 19 property,rty> and to 0 CV clean, repair and maintain all refuse bin enclosures or compactors in order to 20 21 reduce, prevent and eliminate all potential health, safety or code violations and ce in 22 accordance with established City standards. The Director of Public Works or 23 E his/her designee shall have the authority to impose an administrative fee of 24 $50.00 per service day to an individual service address in the event that 25 26 collection at the service address poses a health risk, safety hazard or danger to 27 employees or the public and is not corrected within ten (10) business days of 28 written notice to the owner or authorized agent of the property. 6 $, Packet Pg.235 7.G.e 1 D. The Director of Public Works or his/her designee shall have the authority to 2 suspend refuse service for the failure to pay any delinquent payment balances 3 due the City by the customer within forty-one (41) calendar days, of written 4 notice to the customer of record. Said written notice shall be sent by mail to 5 the customer of record on file with the City of San Bernardino, Water d 6 Department Customer Service. A copy of said written notice shall be sent to a 7 8 the City of San Bernardino Fire Department, City of San Bernardino Code a 9 Compliance Department and the County of San Bernardino Environmental c > 10 Health Department. 11 E. Commercial use of 96-gallon residential carts may be allowed in limited cases 12 -0 13 where conditions exist that either operationally prevent the use of a front-load 14 bin, or use of such a bin can be reasonably interpreted as excessive or = 15 unnecessary by careful review of the nature of the business, the level of refuse N rts 16 generated by the business and the suitability of the location for this service. 17 Businesses requesting this service shall apply in writing. The request shall 18 include the legal name of the business, and all reasons that should be c 19 20 considered in the evaluation of the business for suitability of residential 21 service. Requests should be sent to the Director of Public Works, 300 North D a; 22 Street, Third Floor, San Bernardino, CA 92418. The Director of Public Works, 23 E or his/her designee, shall retain ultimate discretion with the granting or denial w 24 of a request for exemption under this section. 25 26 27 SECTION 10. Collection of Refuse, Green Wastes and Recyclables - 28 Commercial, Multiple Family Residential, Professional and Industrial Accounts Using 7 Packet P 236. I , I 1 Front Load Bins — Additional Pick-up. A customer receiving refuse collection services 2 rendered by front load bins may request and receive an extra pick-up service at their location. 3 The customer shall contact the City of San Bernardino, Water Department Customer Service 4 Center for this service. Requests for extra pick-up may be held for service until the next 5 d N regularly scheduled service day based upon availability of equipment and resources. The os co 6 2 Director of Public Works or his/her designee shall have the authority to temporarily modify or 7 ce 8 suspend provision of extra pick-ups, based on availability of equipment and resources as n. U c 9 necessary. O N 10 The rate for an additional pick-up service for refuse, green wastes or organic collection ° N 11 shall be as follows: cc 12 r 2-Yard and Under Refuse Collection $25.28 1 CD 13 °' 14 3-yard Refuse Collection $27.50 c co 15 4-yard Refuse Collection: $30.11 16 6-yard Refuse Collection $35.68 c %L 1!7 o N- 18 N 18 ", SECTION 11. Collection of Refuse, Green Wastes and Recyclables — c 19 N c 20 Commercial, Multiple Family Residential, Professional and Industrial Accounts Using so 0 21 Front Load Bins— Clean-up Special, Temporary Bin Services and Bin Roll-out Service. Y 22 The City of San Bernardino shall offer the following specialized services using Front Load c 23 Bins for split bins, residential clean-up specials or temporary bin service to all service 24 a addresses located within the City: 25 Temporary Bin Service. A temporary bin service shall be defined as a three- or 26 27 four-yard front load refuse bin which is provided to a residential customer for a maximum of 28 seven (7) calendar days from date of bin delivery for use by a resident for clean-up purposes. 8 I Packet Pg.237 1 I 1 The bin shall be placed in the public street at the curb in front of the address for use by the 2 customer. The temporary bin service rate includes one collection of the material in the 3 container. Initial temporary bin service requires pre-payment prior to delivery and additional 4 services may be provided upon pre-payment during the seven (7) day period at the same rate 5 CO per bin size as set forth in Section 10, subject to available personnel and equipment. 6 The rate for each temporary bin service shall be$69.00. 7 8 Bin Roll-out Service. Bin Roll-out service is provided in those instances in which ci 9 either the bin placement at the service address is not accessible to a front-load refuse truck and y 10 requires the assistance of a second service vehicle, or is located in such a manner as to require ° 11 the bin to be manually rolled out and placed back into a permanent position. The 12 determination of the need for bin roll-out service shall be made by the Director of Public rn 13 14 Works or his/her designee. The customer shall be notified in advance by an Integrated Waste . co 15 Management representative of the need for bin roll-out service at the address, and the charges 16 associated with the bin roll-out service. The customer shall approve this service prior to its , 17 ° provision. 18 N Said service shall be provided to the customer at the rate of$67.26 per month, and 19 C shall be in addition to all other refuse collection charges. 20 = 21 * * cc 22 SECTION 13. Collection of Refuse, Green Wastes and Recyclables — 10-cubic- 23 yard to 40-cubic yard Roll-off or Compactor Services—General Provisions. 24 A. The City of San Bernardino may provide 10-cubic-yard to 40-cubic-yard roll- 25 off or compactor services to any lawfully established service address or 26 27 location in which the owner or authorized agent has entered into an 28 Application/Receipt for Solid Waste Services with the City to provide said 9 xT�fim 8 uu" ke Pg.23 I Packet 7.G.e 1 service. The City may provide frequency of service from one day per week to 2 six days per week in order to meet the refuse, recyclables and green waste 3 service needs of the customer. Said service is and shall be subject to all 4 requirements set forth in Chapters 8.24 and 8.25 of the San Bernardino 5 Municipal Code, as well as other applicable County, State or Federal laws or d 6 7 regulations. 8 B. Any customer who is receiving six-day per week collection service and is not a 9 serviced six times during any calendar week due to a Federal, State or Locally .2 10 '- declared holiday in which the City's Refuse Division does not operate, shall ° 11 y not be entitled to a refund or credit to their account for the missed day of 12 -� service. 13 CD 14 C. It is the responsibility of the owner or authorized agent to provide an adequate 15 and appropriate location for the safe and proper storage of refuse, recyclables N 16 or green wastes bins while on the owner or authorized agent's property, and to 17 clean, repair and maintain all compactors on a regular and timely basis in order o 18 N to reduce, prevent and eliminate all potential health, safety or code violations. 19 20 The Director of Public Works or his/her designee shall have the authority to 21 impose an administrative fee of$50.00 per service day to an individual service a 22 address in the event that collection at the service address poses a potential 23 health risk, safety hazard or danger to employees or the public and is not 24 corrected within ten (10) business days of written notice to the owner or 25 26 authorized agent of the property. Said written notice shall be sent by mail to 27 the most current billing address on file with the City of San Bernardino, Water 28 Department Customer Service. 10 I Packt Pg239 7 G.e D. The Director of Public Works or his/her designee shall have the authority to 2 suspend refuse service for the failure to pay any delinquent payment balances 3 due the City by the customer after forty-one (41) days of written notice to the 4 customer of record. Said written notice shall be sent by mail to the customer of 5 record on file with the City of San Bernardino, Water Department Customer a 6 7 Service. A copy of said written notice shall be sent to the City of San d 8 Bernardino Fire Department, City of San Bernardino Code Compliance a 9 Department and the County of San Bernardino Environmental Health c .N 10 D > Department. 11 12 13 13 SECTION 14. Collection of Refuse, Green Wastes and Recyclables — 10-cubic- 14 yard to 40-cubic yard Roll-off or Compactor Services — Service Establishment and E 15 Deposits. The owner or authorized agent shall contact the City of San Bernardino Public N 16 Works Department Integrated Waste Management Division or Water Department Customer 17 Service Department in order to establish commercial refuse L green wastes or recyclables Roll- 18 off or compactor collection service at a lawfully established service address or location within 19 N 20 the City. The owner or authorized agent shall execute an Application/Receipt for Solid Waste 21 Services with the City,which provides all necessary billing and service information. cc 22 A deposit equal to the cost of service for each new roll-off or compactor account shall .• as 23 be made at the time that the Application/Receipt for Solid Waste Services is completed. Said 24 deposit must be received prior to commencement of services. This deposit shall be retained 25 26 by the City and applied to any closing bill upon termination of services. 27 28 11 Packet Pg.240 1 1 SECTION 15. Collection of Refuse, Green Wastes and Recyclables — 10-cubic- 2 yard to 40-cubic yard Roll-off or Compactor Services - Rates and Frequencies. For the 3 collection of refuse, green wastes and recyclables, all as defined in SBMC Chapter 8.24, the 4 owner or other fiscally responsible agent of said property located within the corporate 5 boundaries of the City of San Bernardino shall pay for the size of bin and frequency of service Si 6 7 according to the following schedules: o: 8 Open-top Roll-off Refuse Bin Service. The following schedule shall be applicable EL- L) 9 for open-top roll-off refuse collection services on a per pull basis: 10 i $335.12 per pull/service plus $44.65 per ton with the following tonnage limits per size ° 11 of roll-off box. `° 12 10-cubic yard roll-off with 2 ton limit. 13 ca 14 20-cubic yard roll-off with 5 ton limit. 15 30-cubic yard roll-off with 7 ton limit. N 16 40-cubic yard roll-off with 8 ton limit. 17 Compactor Refuse Bin Service. The following schedule shall be applicable for 10- ti 18 cubic yard to 40-cubic yard compactor services on a per pull basis: 19 cs, 20 $335.12 per pull/service plus $44.65 per ton with the following tonnage limits per size 21 : of compactor. a) re 22 10-cubic yard roll-off with 2 ton limit. 23 20-cubic yard roll-off with 5 ton limit. 24 30-cubic yard roll-off with 7 ton limit. 25 26 40-cubic yard roll-off with 8 ton limit. 27 28 12 I PacketN.241 Io"7. .e I 1 Open-top Roll-off Green/Uncontaminated Wood Wastes Bin Service. The 2 following schedule shall be applicable for open-top roll-off green wastes / uncontaminated 3 wood wastes collection services on a per pull basis: 4 $335.12 per pull/service plus actual cost per ton of Green Waste/Uncontaminated 5 N d Wood waste with the following tonnage limits per size of roll-off box. d 6 c 30-cubic yard roll-off with 7 ton limit. w 7 ce 8 40-cubic yard roll-off with 8 ton limit. v c 9 Compactor Compostables Bin Service. The following schedule shall be applicable 10 for 10-cubic yard to 40-cubic yard compactor services in which the material primarily consists ° r N 11 of food wastes or other compostables and which the owner or authorized agent at the location to 0 12 is actively participating in the City's Recycling program as determined by the Director of T co 13 y Public Works or his/her designee. The rate set forth below is on a per-pull service basis: 14 in co 15 $335.12 per pull/service plus actual cost per ton of Green Waste / Uncontaminated 16 Wood waste as charged by the green waste processing facility with the following tonnage a, 17 0 limits per size of roll-off box. 18 N N 10-cubic yard roll-off with 2 ton limit. N 19 C 20-cubic yard roll-off with 5 ton limit. o 20 0 21 30-cubic yard roll-off with 7 ton limit. W 22 40-cubic yard roll-off with 8 ton limit. E' 23 Open-top Roll-off Recycling Bin Service. The following schedule shall be ;1;i' 24 applicable for open-top roll-off recycling collection services on a per pull service basis: 25 30-cubic yard roll-off with 7 ton limit: $335.12 26 27 40-cubic yard roll-off with 8 ton limit: $335.12 28 13 I Packet Pg.24 ``I I 7.G.e 1 The determination of whether a material is recyclable and therefore is eligible for this 2 rate schedule shall be at the discretion of the Director of Public Works or his/her designee. In 3 addition, the owner or authorized agent at the location must be actively participating in the 4 City's Recycling program in order to receive this rate. 5 Compactor Recycling Bin Service. The following schedule shall be applicable for a 6 7 10-cubic yard to 40-cubic yard compactor recycling collection services on a per pull service 8 basis. The determination of whether a material is recyclable and therefore is eligible for this E. 9 rate schedule shall be at the discretion of the Director of Public Works or his designee. co 10 10-cubic yard compactor with 2 ton limit: $142.00 as 11 20-cubic yard compactor with 5 ton limit: $142.00 12 30-cubic yard compactor with 7 ton limit: $142.00 13 14 40-cubic yard roll-off with 8 ton limit: $142.00 co 15 Overweight Charges. The customer shall be responsible for payment of any weight N 16 over the weight limits set forth within Section 15, and shall be billed accordingly. The , 17 overweight charge shall be calculated by multiplying the number of tons over the ton limit by 18 N the current tipping fee as set forth in accordance to the terms and conditions of the Waste N 19 = 20 Delivery Agreement between the City and the City's contracted disposal partners, plus a 3 0 21 $12.00 per ton overweight penalty fee. This additional charge shall be billed to the customer, cp 22 and shall be due and payable immediately. 23 In the event that the Director of Public Works or his/her designee determines that a bin 24 is so overweight that the safe movement of said bin would not be feasible, it shall be the 25 26 responsibility of the customer to reduce the weight of the bin to an acceptable level at the 27 customer's own cost. In the event that the customer does not reduce the weight of the bin to a 28 safe level within 5-days of receipt of a courtesy notice, the City may perform the clean-up 14 I Packet Pg.243 1 services required to safely dispose of all material to be billed at a rate of$38.04 per fifteen 2 minutes, as established in Section 16 "Clean-up Service"of this Resolution. 3 Standing or Roll-back Charge. A $135.70 standing or roll-back charge shall be 4 charged under the following circumstances: d 5 1) When a courtesy notice was issued for either a roll-off or compactor which, as a d 6 result of customers action or inaction, prevented the City from providing service r 7 cc 8 to the bin when the collection truck arrived at the location and which situation a c 9 was not corrected by the customer in less than fifteen (15) minutes with the truck 10 present in order for the City to render service; in N 11 2) When a customer cancels a previously scheduled service in which the truck is CU 12 .2 already en route to the location or has arrived at the location; or to 13 ., 3) A request by the customer to stand-by at the customer's location for a period in 14 in co c. 15 excess of fifteen(15)minutes,but not to exceed one hour. cq To 16 4) Stand-by time after the first hour shall be charged at the rate of$135.70 per hour. c co L 17 ° Compactor Cleaning. The City shall provide at the customer's request, a cleaning r N 18 N service for compactors that are serviced by the City. Said compactor shall be brought to the o 19 N 20 City Yard, cleaned and returned to the customer's location. The compactor cleaning charge c. 0 21 shall be $133.34. re 22 Miscellaneous Compactor Repairs. Upon request of the customer, the City may CD 23 make any necessary repairs to the non-operating portion of the body of any compactor unit in r a 24 order to repair sheet metal or hardware damage,patch and repair holes, or install or repair any 25 26 safety devices necessary to ensure safe transport of the compactor. The City shall prepare an 27 estimate for labor and materials and submit the estimate to the customer prior to commencing 28 repairs. The customer shall authorize said repairs in writing, prior to commencement. The 15 I Packet Pg.244 :1 I I7.G.e I 1 rate for said repairs shall be $66.91 per hour, plus materials and supplies. A minimum of one 2 hour shall be charged to the customer for any repairs. 3 Contamination of Recycling Green Waste, Uncontaminated Wood Wastes and 4 Organics. In the event that a customer allows, causes or fails to prevent contamination of any 5 roll-off or compactor assigned to and used for recycling, green waste, uncontaminated wood a 6 wastes or organics, the customer shall be responsible for payment of the entire load as if it cy 7 co 8 was all refuse and disposed of at an appropriate sanitary landfill or licensed materials recovery a U 9 facility (MRF) at the rates set forth for the service of refuse roll-offs and compactors. In .° 10 addition, a $59.00 recycling contamination penalty fee shall be levied in addition to the ° N 11 regular refuse charges for each occurrence of contamination. 12 Courtesy Notice/Return Trip Fee. The City of San Bernardino Integrated Waste 13 Management Division may charge a fee of $137.50, plus any other applicable rates 14 a) 15 established in this Resolution, for courtesy notice and return trips per service. 16 cos .L 17 SECTION 16. Miscellaneous Services and Charges. The following rates and o N 18 o schedules shall apply to the miscellaneous services described. 19 20 Automated Residential Collection Service Late Set-out Charge. The City of San 0 21 Bernardino hereby establishes that collection of refuse, recyclables and green wastes shall be 22 accomplished between the hours of 6:00 a.m. and 7:00 p.m. on the collection day as E 23 determined by the Director of Public Works or his/her designee. All residential carts shall be y r 24 a placed at the designated collection location on the collection date no later than 6:00 a.m. An 25 automated residential collection service late set-out shall be defined as any owner or 26 27 authorized agent at a lawfully established service address who fails to place the automated 28 carts in the designated manner and place in order to permit the City to service the automated 16 I Packet Pg..245 I 7.G.e carts by 6:00 a.m. There will be no charge for the first two return service requests in a 2 calendar year due to late set-outs. The charge for a late set-out service shall be $28.75 per 3 occurrence for return service requests beyond two in a calendar year. 4 "Clean-up" Service. The City shall offer to all owners and authorized agents a 5 "Clean-up" service at any location within the City. Said service shall be defined as a manual co 6 collection service designed to handle any miscellaneous refuse services not accommodated B 7 cc 8 through other collection methods. Said service shall be offered in fifteen (15) minute blocks, et 9 billable to the customer. The City shall provide an estimate to the customer of the amount of 2 10 time required and the cost, prior to provision of the service. The customer shall pay, in ° 11 advance of the service, the estimated cost. In the event that said estimate is less than the 12 actual cost of providing the service, the customer shall be billed the difference. In the event L. 13 14 that said estimate is higher than the actual cost of providing the service, the customer shall be co 15 provided a refund of the difference. 16 The rate for a refuse collection special service shall be$36.23 per fifteen minutes. .L 17 Provision of City Issued Locks for Refuse Bins and Enclosures. T N 18 N At the request of owner or authorized agents, the City shall provide a standard lock N 19 = 20 with two keys to the customer for use in securing the refuse, recyclables or green wastes bins 3 21 or bin enclosures. A charge of $17.70 shall be billed the customer for each standard lock 22 provided by the City. It is the responsibility of the customer to maintain the lock and keys in 23 working order. The customer shall be responsible for replacement of locks or keys that are 24 damaged or stolen. 25 26 Special Assistance Program. The City shall provide a special assistance program to 27 elderly or disabled residents who are unable to move their automated carts to the curb for 28 servicing and who do not have any able-bodied individual living with the resident. 17 I Packet Pg.246 I 1 Subscription to this program requires a letter from a doctor or other medical professional, 2 stating that the individual is unable to move their automated carts to the curb and that there is 3 no caregiver or other able-bodied individual available to perform this activity at this address 4 or location. Said subscription must be renewed on an annual basis in order to remain on the 5 N special assistance program. There is no charge for this program. The City may discontinue a 6. 6 7 this service if sufficient evidence exists that the information provided by the applicant is w cc 8 fraudulent, misleading or inapplicable. The Director of Public Works, or his/her designee, 9 shall have the authority to grant this service in unique cases where a reasonable, demonstrable 10 need exists,but does not fall within the requirements described herein. 11 Refuse Bin Enclosure and Bus Stop Cleaning Service. The City may provide, upon 12 w request, cleaning of any refuse bin enclosure or bus stop located within the City on either an 13 14 on-call or scheduled service. The rate for this service shall be $37.17 per fifteen minutes paid op 15 in advance. N 6 16 Charge for Late Payment. All charges for collection services are due and payable no co- 17 later than thirty(30) calendar days after issuance of a claim, bill or invoice by the City of San r- 18 Bernardino Water Department. Payments not received by the due date shall be assessed a late 19 20 charge of twelve percent (12%) per year, divided into a monthly late charge of one percent 0 21 (1%) on the outstanding balance. Accounts which are delinquent more than ninety days may w 22 be turned over to a collection agency for collection. 23 Contamination of Residential Recycling and Green Waste. San Bernardino 24 Municipal Code Section 8.24.070 (D) Contamination of Green Waste and Commingled 25 26 Recycling sets forth that containers set aside for recyclables or green waste shall be used only 27 for recyclables or green waste and no other materials. 28 18 I Packet Pg 247 I I7.G.e I 1 For the purposes of enforcement of this section, the first notification of contamination 2 shall be by a courtesy notice attached to the customer's contaminated container not serviced 3 by the route driver and a notification letter sent to the service billing address. The second 4 notification shall be by a courtesy notice attached to the customer's contaminated container 5 N not serviced by the route driver and subject to any applicable cost or fee provided herein. The 6 " third incident of contamination may result in removal of all service containers and termination 0 7 To 8 of services for a period of up to six months. 9 When practicable, a photograph of the alleged contamination shall be taken by a '> 10 supervisor or field inspector in order to document the contamination for any subsequent ° 11 violations. A letter of notification shall follow removal of the container. 12 Upon the customer's request, service maybe reestablished with submission of a signed cn 13 2 14 recycling container agreement, and subject to any applicable charges set forth in this 00 15 Resolution. Subsequent contamination may result in permanent removal of the blue or green c 16 container. O 17 Bulky Items. Bulky items are generally defined as disposable items that are too large 18 N to fit in containers provided for regular service, including, but not limited to couches, water N 19 20 heaters, refrigerators and other non-hazardous items. The City may provide "bulky item"pick 21 up services twice per year, per residential account, at no cost to the customer. Additional ce w 22 residential bulky item service requests shall be billed as provided herein. The decision of 23 whether an item or service request qualifies for this service shall reside with the Public Works r 24 Director or his/her designee. 25 26 27 SECTION 18. Emergency Waiver of Collection Fees. The Director of Public 28 Works or his/her designee may provide collection and disposal service without charge in 19 Packet Pg. LG.e « 1 1 emergency situations and when, in the opinion of the Director or designee, such action is 2 necessary to correct immediately health and safety hazards. 3 4 SECTION 19. Mayor and Common Council Authorized To Exempt Non-Profit 5 d N Events. The Mayor and Common Council may exempt from the fees and charges of this co 6 oc Resolution certain not-for-profit events in the public interest. Such exemptions may include cy 7 ca ce 8 any conditions recommended by the Director of Public Works, or his/her designee, regarding 9 the provision of collection services. o y 10 * * * * d N 11 SECTION 21. Authorization to Exempt Licensed Material Recovery Facilities i 12 0 (MRFs) Operating Within the City of San Bernardino from Service. Licensed Material II' 13 r Recovery Facilities (MRFs)that can demonstrate that they are providing refuse services under c 14 io co 15 any and all provisions of Federal and State laws relating to refuse removal are exempt from N 73 16 using the services of the City of San Bernardino Integrated Waste Management Division." as 'L 17 ° r p N 18 N SECTION 2. For ease of reference, Resolutions 2008-433, 2010-327, and 2010-328 N 19 C. 20 are being consolidated in one location. o 0 21 Resolution 2008-433 is attached hereto as Exhibit"A." to r 22 Resolution 2010-327 is attached hereto as Exhibit`B." E z 23 Resolution 2010-328 is attached hereto as Exhibit"C." o w 24 a III 25 1"26 I 27 /// 28 /// 20 I Packet ket g.249"; (G 1 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AMENDING RESOLUTION 2008-433 AND 2 CONSOLIDATING RESOLUTION 2010-327 AND RESOLUTION 2010-238. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 4 and Common Council of the City of San Bernardino at a meeting thereof,held 5 u) on the day of , 2012,by the following vote,to wit: a 6 0 c d 7 ce 8 Council Members: AYES NAYS ABSTAIN ABSENT F. c 0 9 MARQUEZ 10 JENKINS o 2. N 11 VALDIVIA V 12 0 SHORETT 6 13 CD 14 KELLEY io co 0 15 JOHNSON To 16 MCCAMMACK 17 0 N 18 r 0 19 Georgeann Hanna, City Clerk c r 20 The foregoing resolution is hereby approved this day of o 21 ,2012. ce c 22 °' Patrick J. Morris,Mayor 23 City of San Bernardino 24 Appro ed as to Form: a 25 By: t es F. Penman, City Attorney 26 27 28 21 -Packet Pg5 7.G.f From U.S.Department of Labor,Bureau of Labor Statistics Web Page: 0 http://www.bls.gov/ro9/cpilosa.htm a) _ lower prices for alcoholic beverages (-1.2 percent) and recreation (-0.1 percent). In addition, the index o: for medical care declined 0.1 percent, influenced by a lower price for physicians'services. E. U _ Over the year, the index for all items less food and energy increased 2.5 percent. Selected components .o contributing to the increase included medical care(3.5 percent), apparel (3.4 percent), and o shelter (2.5 percent). Partly offsetting the increases was a price decline in household furnishings and operations (-0.9 percent). -0 m E ,, Table A. Los Angeles-Riverside-Orange County CRI-U monthly and annual percent changes (not seasonally adjusted) III Mont Annu Mont Annu Ii Mont i Annu i Mont Annu Mont 1 Annu Mont Annu ; x Month hly al My al hly al i hly al hly al hly al o January 0.9 3.211 0.7 3.9 0.5 , -0.1 = 0.4 ` 1.8 0.9 1.8 0.8 2.1 as Februar i' 1.0{� 3.5i 0.2 3.1 0.3 0.0 0.0 1.4 0.5i 2.31 0 5 2.1; ai March 0.8 3.8, 1.0 3.3 0.0 -1.0 0.4 1.9 1.1 _ 3.0' 1.0=, 2.0 n. April 0.6 3.5 0.5 3.1 0.1 -1.3 0.2 1.9 0.5, 3.1 I 0.0 1.5,_ v E. May 0.3 ' 2.9 0.9 : 3.7 0.4 1.8= 0.2 1.8 0.0 3.1 , 0.1 1.6i June -0.6 2.9 ° 1.1 5.4 : 0.6 . -2.2 1 -0.2 0.9 -0.4 2.9 -0.4 1.6 July 0.1 2.9 0.4 5.7 0.0 -2.6 0.1 , 0.9 -0.4 2.4 -0.1 ? 1.91 a. r August -0.1 2.6 -0.6 5.1 0.2, -1.7 0.2 0.8 0.2 2.4E 0.6 2.31E Septem 0.2 2.3 -0.5 4.5 0.3 -1.0 ; -0.1 0.4 0.5 0.41j 2.2G a ber x) October 0.5 3.5 -0.6 3.4 0.0 -0.4 0.3 0.7 0.0 2.8 0.8! 3 0 Novemb l 0.6 4.2 -1.7 1.0 -0.4 . 0.9 -0.4 0.7 -0.1 3.0 er co c Decemb -0.3 4.2 -1.2 0.1 -0.3 1.8 0.3 1.3 -0.5 2.2' la er CPI-W }' m VAt- 1 USG �a 30/5 row cAt-C✓ a77 o�./ -. (,.) CA t,.0 MTt o r _ m E V R •I r+ a Packet Pg.251