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HomeMy WebLinkAbout07.M- Public Works DOC ID: 2043 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Jim Smith M/CC Meeting Date: 10/15/2012 Prepared by: Chris Lopez, (909) 384-5140 Dept: Public Works Ward(s): All Subject: Discussion on Waste Delivery Extension. Financial Impact: The processing of refuse, recyclables and green waste is accounted for in the Integrated Waste Fund No. 527. This approval will allow the City to contain costs until longer-term agreements and plans are established as a result of the expiration of the Waste Delivery Agreement with the County of San Bernardino. Motion: Authorize Staff to Extend and Expand Upon Existing Recycling Agreements with Local Vendors on a Month-to-Month Basis and Authorize the City Manager to Give Notice to the County of San Bernardino of the City's Intention Not to Extend the Waste Delivery Agreement(WDA). Synopsis of Previous Council Action: December 16, 1997 -Waste Delivery Agreement(WDA)with the County of San Bernardino October 17, 2011-Burrtec Resolution and Agreement October 17,2011 -Republic Resolution and Agreement September 5,2012 -Direct City Attorney and City Manager to Develop an RFP to Lease Integrated Waste Division. September 17,2012 - Item tabled. Background: At the Mayor and Common Council Meeting of August 6, 2012, staff recommended sealed bids for processing of refuse,recyclables and green waste. The recommendation was denied. Further, at the Mayor and Common Council Meeting of September 5, 2012,the City Attorney and City Manager were directed to develop an RFP for leasing the Integrated Waste Division. The County of San Bernardino Waste Delivery Agreement(WDA)will expire on December 31, 2012,and the terms of the extension offered by the County are less favorable than extending the existing recycling agreements with local vendors and adding waste disposal options provided by the vendors. Given the need to contain costs and provide for refuse,recyclables and green waste processing beyond the expiration of the current Waste Delivery Agreement(WDA) on December 31, 2012, staff recommends that the Mayor and Common Council approve the following: 1) Authorize the City Manager to give notice to the County of San Bernardino that the City of San Bernardino will cease delivery of waste to County Landfills after December 31, 2012, and the City will not execute the extension of the Waste Delivery Agreement, and; C2) Should the RFP process take longer than December 31, 2012, direct staff to extend existing Updated: 10/3/2012 by Jim Smith Packet Pg. 97 2043 ^ recycling and green waste agreements with local vendors, and add waste processing options provided by the vendors on a month-to-month basis. On October 1,2012 the City Manager was directed to finalize an RFP for fianchising components of the City's operating solid waste services. At the time of filing of this report,the City's waste expert, Sloan Vazquez LLC,was reviewing and discussing Draft no. 6 of the City prepared RFP. The final RFP will be provided under separate cover. Seeking quotes will allow the City to determine if additional revenue or savings would occur if the services were contracted out. Supporting Documents: 12-05-24 Burrtec Response (PDF) 12-05-24 Republic Response (PDF) 12-06-28 Republic Response II (PDF) 12-07-13 County WDA Extension Letter (PDF) 97-12-16 WDA Agreement (PDF) 2011-284 Republic Resolution and Agreement (PDF) 2011-285 Burrtec Resolution and Agreement (PDF) CITY OF SB SOLID WASTE RFP -FINAL DRAFT (PDF) O Updated: 10/3/2012 by Jim Smith � 4 _ BURRTEC WASTE INDUSTRIES, INC. p F. 1%e'll-Take Care 001" ,,tA`1 1� �! fi a � u ' t MG"FP.".l..v { ® I t IN . A': 7.M.a WM=�� BURRTFC WASTE INDUSTRIES, INC. "We'll Take Cure Of It" May 24, 2012 G O Mr. Jim Smith, P. E. N Interim Director of Public Works City of San Bernardino w 300 North "D" Street San Bernardino, CA 92418 > Re: Professional Services Agreement For Processing Recyclable Materials ° m m Dear Mr. Smith, 3 v Burrtec Waste Industries is proud to be a current service provider and materials processor for the City of San Bernardino. Over the many years of working with the City we have forged a a- positive relationship based on quality customer service, dependability, industry knowledge, o: community service and our swift approach to the needs of the City. In response to the letter received, dated May 7, 2012 from Mr. Todd Housley, City of San o Bernardino's Integrated Waste Division Manager, Burrtec would like to express our interest in o the City of San Bernardino's proposed action to modify the current Recycling Services N Agreement and the expansion of acceptable materials. N In doing so, we have developed a comprehensive program designed to address the City's °. specific requirements while focusing on cost factors and compliance with State Mandates. Additionally, Burrtec proposes to offer to the City, an advance payment of the recyclable materials rebate in the amount of four million dollars ($4,000,000) or a host fee program that would be made upon execution of a fifteen year Exclusive Solid Waste Materials Processing and Disposal Agreement, similar to the current County Agreement that is expiring this year. The a enclosed proposal will speak specifically to these issues, giving the City our recommendations regarding the Agreement, Acceptable Materials, Materials Rebate, Construction and Demolition m (C&D) Programs, and Disposal and Processing Options as per the City's request. tf 0 It is Burrtec's sincere desire to continue providing its service standards and expertise to the City m of San Bernardino. We are confident in our ability to meet and exceed the City's Solid Waste N Processing and Disposal expectations, now and into the future. c N On behalf of Burrtec Waste Industries, we thank you for this opportunity to continue our partnership with the City of San Bernardino, and look forward to discussing this proposal in greater detail at your earliest convenience. E U R Since/rely, a Michuin Vice 9890 Cherry Avenue , Fontana, California 92335 ° 909-429-4200 FAX 909-429-4290 Packet Pg. 100 7.M.a Ci, 1 . . -1�1, O N C N y SOLID WASTE MATERIALS PROCESSING AND DISPOSAL PLAN CL 1 a c �4 10 a LL y � i r C O G N U O V d N C N U v 7 N M■' N 1 .. 7.M.a Solid Waste Materials Processing and Disposal Plan The City of San Bernardino is in the final year of a 15 year Waste Delivery Agreement (WDA) with the County of San Bernardino that will terminate on December 31, 2012. Additionally, the current agreements for Processing the City's Residential and Commercial Recyclable Materials will also terminate on December 31, 2012. Resolving these issues as well as addressing the increased 75% waste diversion requirement, due to recently passed State Legislation, presents o a new challenge for the City and its Solid Waste Processor. y C N Burrtec Waste Industries proposes to address these waste processing and disposal issues with w the arrival of the East Valley Materials Recovery Facility (MRF). The East Valley MRF is a fully permitted solid waste processing and transfer facility located in the City of San Bernardino. > Burrtec and its affiliated companies own and operate several Material Recovery Facilities such o as the East Valley MRF throughout Southern California. These facilities are designed to accommodate large waste streams and to guarantee compliance with local and state diversion m mandates. In an effort to provide the City with an efficient, cost effective solid waste materials processing and disposal program, Burrtec would like to highlight the following operational and o c fiscal benefits of the East Valley Materials Recovery Facility. a LL • Located at 1150 &1250 South Tippecanoe Avenue in the City x h of San Bernardino, the East Valley MRF is a 9D0 ton per day, Permitted Solid Waste Facility ,_ o that is approximately 3.5 miles �� N from the City's Civic Center. v • The East Valley MRF is capable of processing the City's entire Waste Stream, including N Recyclables, Organics and Disposable Solid Waste, which is estimated at 700-500 tons per day. The facility is a fully a enclosed processing operation with a complementary aesthetic appearance. o CL • Well within close range to all of San Bernardino's waste and recycling collection routes, the East Valley MRF is an exceptional choice for the City's current and future waste processing and disposal practices. • Exclusive commitment of the City's Waste Stream to the East Valley MRF would generate m' the following: N • Local Jobs —Approximately 50 job openings would be made available to City residents. o These jobs would include equipment operators, equipment maintenance staff, scale- N house operators and contracted sorters. C • Local Waste Materials Delivery — Collection route efficiencies would be realized due to E the facility's location, generating cost savings and the possibility to use these savings to stabilize customer rates. ° • Materials Processing — State of the Art operations designed to maximize recyclables recovery and solid waste diversion resulting in increased material value and decreased disposal cost. Packet Pg. 102 7.M.a o Long Term Disposal Capacity — The East Valley MRF will utilize multiple public and or private permitted landfills for waste transfer, optimum disposal pricing and long term disposal capacity. Initial waste disposal rates under this system would be less than current County WDA rate projections. Absent State Regulatory Mandates, these rates would only be escalated annually by an approved CPI index. c 0 c v X W d ❑ d v N a c a a z O C k� Oy LO U N_ M C O N d N C O O. N d U O 3 M V N N O N G d E s U Q PacketPg. 103 i i ° i AMENDED SERVICE AGREEMENT FOR i PROCESSING RECYCLABLE MATERIAL$ :.` o ic CL i LL Y U c O c O N 7 V _N O M V 0 d y c CL U) d V d L m N N - .: .. E t O Q Packet Pg. 104 7.M.a Amended Service Agreement for Processing Recyclable Materials As previously mentioned, Burrtec is currently a contracted Recyclables Materials Processor for the City of San Bernardino. The current Materials Processing Agreement that will expire on December 31, 2012 specifies our San Bernardino facility located on Industrial Blvd., for off loading City Recycling Vehicles and our Riverside facility located on Ague Mansa Road, for materials processing. It is Burrtec's desire to amend the existing Agreement by replacing the o aforementioned facilities with Burrtec's recently acquired East Valley Recycling & Transfer Facility located at 1150 and 1250 South Tippecanoe Avenue in the City of San Bernardino. X w With the arrival of the East Valley R&T and its complete materials processing capabilities, we will be able to accept a much wider range of Residential, Commercial and Industrial Waste iStreams. This widespread list of acceptable materials is included in Exhibit A of this proposal, o d In addition to the extensive recyclables processing capabilities, the East Valley R&T is an m extremely viable waste transfer location offering collection route efficiencies, long term disposal capacity and cost savings. It is Burrtec's recommendation to include the City's Residential, Commercial and Industrial Refuse Disposal as a component of the Agreement modification. d This action will benefit the City by providing a feasible, waste transfer alternative to the expiring LL ® Waste Delivery Agreement with the County and the imminent closure of the Colton Landfill, X T An amended and restated Professional Services Agreement For Processing Recyclable Materials and Waste Disposal would seem to be in good order. This amendment would serve to 0 combine the needs and benefits of both Agreements that are currently in place into one o comprehensive document. Burrtec is prepared to draft such an agreement for the City's review y and analysis. N Al 0 Agreement Term a Long term disposal capacity and rate stabilization are key factors in waste processing and disposal agreements similar to the expiring fifteen year waste delivery agreement the City has with the County. In an effort to secure these same key factors on a go forward bases, commitments for waste disposal and processing capacity need to be made. Burrtec's proposed 0 CL amended and restated Agreement will reflect a fifteen year term that will provide the City of San Bernardino with long term disposal capacity and rate stabilization security. C Recyclable Material Rebates m The current Agreement for Processing Recyclable Materials contains an exhibit that identifies N the single stream recyclable material rebate methodology in which the City is paid for its o recyclables. Under the proposed amended and restated Agreement, Burrtec would continue N with this rebate methodology. In addition, Burrtec proposes to forward to the City of San Bernardino an advance payment of the recyclables materials rebate in the amount of four million dollars ($4,000,000) or a host fee program, upon the execution of the fifteen year Exclusive E Solid Waste Materials Processing and Disposal Agreement. o a Schedule of Rates The Schedule of Rates for the processing and disposal of recyclables and solid waste is also included in Exhibit A of this proposal. PacketPg. 105 7.M.a I Exhilbit A Solid Waste Transfer and Disposal • $38.56 /Ton IThe East Valley Recycling and Transfer will utilize multiple public and or private N permitted landfills for waste transfer, optimum disposal pricing and long term disposal I capacity. W z Construction and Demolition • $50.56 /Ton o I East Valley Recycling & Transfer will assist with local ordinance requirements, LEED certification and CalGreen building standards by processing the following material: 3: I Mixed C&D Cardboard _ a Wood Injection Molded Plastic I nerts Mattresses ' Asphalt Based Composite Roofin Gypsum Wall Board Metals Carpet and Pad `o Tires 0 0 .N N Commercial Select Load Processing N • $52.00 /Ton (July-December 2012 due to the County WDA) o • $45.00 /Ton ( Beginning January 2013 Processed at East Valley R&T) Dry commercial loads identified by the City, routed separately and delivered to the East N Valley Recycling & Transfer facility for processing. Commercial Select is a hybrid of y commercial trash and commercial recycling and an effective option / program for the o City to improve diversion and recycling. d Food Waste Pilot Program r • Rate To Be Determined m If the City decides to implement a food waste collection program, Burrtec will assist with training and support. The specifics of a pilot or full program will need to be discussed. q N iThe acceptable materials are: Dairy Products Breads and Grains E Fruits and Vegetables Coffee Grounds Meats and Bones Plant Trimmings Seafood Soiled Paper Products a Pou ltry Packet Pg. 106 Green Waste • $36.35 /Ton Vegetation such as leaves, grass clippings, tree and shrub pruning's, plants and flowers. Residual waste contamination above 10% will be subject to current disposal fees. 0 Branches ILeaves d Garden Waste I Tree Pruning's w Grass Clippings Weeds d Single-Stream Recycling o • As per Material Rebate Methodology in Agreement Glass Bottles &Jars All Paper Brochures 3 Aluminum Cans & Foil Milk and Juice Cartons Cardboard Boxes Tin, Steel and BI-Metals Newspaper Egg Cartons a Aerosol Cans Paper Bas Mail LL Plastic Container#1 -#7 Telephone Books Ma azines r Plastic Bags Wrapping Paper 0 0 a O N N 1 1 � U N_ M 7 O N_ d N C O CL N d U d 7 fd V N N O N C 0 E r U V W Q I Packet Pg. 107 REPUBLIC SERVICES REPUBLICSERVICES OF 2 May 24, 2012 SOUTHERNCALIFORNIA. m X 2059 E.steel Road LLl iT Cogan.CA 92324-4009 Mr. Todd Housley rekPno a(s9sJ 3�aasn o Integrated Waste Division Manager FW imti M919703M N City of San Bernardino wwwdsposasarvres ne 300 North"D" Street San Bernardino,CA 92418 a X Dear Todd, a In response to your letter dated May 7,2012,please accept this letter as Republic o Services' response confirming our interest in the processing of expanded materials and r- modifying the overall Agreement for Processing Recyclable Material. Below I have 2 Lo outlined pricing for the services requested realizing we would need to meet to discuss how we can incorporate these additional services into our current agreement. N 'o Republic Services' permit for the Inland Regional MRF/TS has the capacity to accept v all of the waste generated by the City of San Bernardino. We are willing to offer pricing for 3, 5,and 10 year terms and guarantee the City will have disposal and „ recycling capacity during the term of our agreement. Our facility is located less than r four miles from the City yard which will allow for improved operational efficiency C and reduced wear on your fleet. Additionally,there is a direct benefit to the local economy as Republic Services continues to invest and expand our local facility to U meet the needs of the City of San Bernardino. >z d Exuanded Commercial and Multi Family Programs v Republic Services would be willing to accept materials that may not be highly source N separated for processing. If the material meets the residual characterization outlined in N our agreement(less than 40%),then we will be able to process this material over our N single stream line and pay the City in accordance with the agreement. If the material c exceeds the 40%residual threshold,the material will be processed over our E commercial line as mixed waste. The rate for processing this material will be $58.00/ton with guaranteed diversion rates based on actual waste characterization. a Republic Services would provide the City with monthly diversion reports to assist the City in compliance with AB 341 commercial recycling requirement. PacketPg. 108 7.M.b Mr.Todd Housley -2- May 24, 2012 c 0 N C d X W Landfill Disposal LN Republic Services would be willing to offer a disposal option with a 3, 5 and 10 year term. We > would guarantee disposal capacity for the City during the term of the agreement. The disposal o rate will include the cost of disposal and transportation. The disposal rate will he subject to a Fuel Recovery Fee(based on current fuel pricing) and an annual CPI adjustment. 3 Year $38.00/ton 5 Year $37.50/ton A 10 Year $37.00/ton a LL Organics Processing w Republic Services would be willing to extend the current agreement for processing organic material. We have the ability to process food waste at our facility and would be interested in o meeting with the City to determine the program that would be most beneficial. We would prefer to 0 work with the City to create a pilot program and evaluate the composition of the material before 3 quoting pricing. From our experience with food waste,we would need to add onto the current N processing rate to incorporate this material into the current organics processing. o M V Construction and Demolition(C&D) N Republic Services can provide processing for Construction and Demolition materials. Since there is a wide range of material that can be recovered,the pricing would vary based on the composition of the material. If the material is source segregated and has market value,we will rebate 80%of °o the market value back to the City. If the segregated material does not have value,we would charge the applicable organic or disposal rate. For material that is not segregated,we would process the material to meet the City's diversion requirements. The processing cost for C&D for material that a is not segregated would be$58/ton. Republic Services looks forward to continuing our partnership with the City of San Bernardino to N provide processing services and we are confident that utilizing Republic Services local facility can c provide the City with cost savings, operational efficiencies and reduced fleet costs. Please feel free N to contact me at(951)218-2172 to further discuss the items outlined above. w E Sincerely, v Peter Sterenberg General Manager Packet Pg. 109 7.M.c N AHb�v _ G n o REPUBLIC - SERVICES N G v K W San Bernardino and Republic Services N O a c Using Resources Wisely U O O N N �- I drte a 0 G o CL CL is 3 '� T. r t ` 1��•. W yam. ■'. �, ` N e U R a July 28, 2012 An Environmental Partner You Can Count On Packet Pg. 110 REPUBLIC SERVICES June 28,2012 c 0 Mr.Todd Housley y c Integrated Waste Division Manager m City of San Bernardino w 300 North"D"Street San Bernardino,California 92418 D Dear Todd, w m Republic Services is pleased to provide a proposal herein to manage the City of San Bernardino's solid waste disposal and processing of its residential and commercial recyclable materials in addition to organics and construction and demolition debris. As a waste material advisor to the City,Republic has 0 a the operational experience and credibility,record of safety,financial strength and proven service to LL o: manage the City's recyclable materials in the future. This proposal includes a$4,215,000 million >, payment to the City immediately upon execution of an exclusive agreement to manage its disposal v tonnage and recyclable materials. c c The proposal highlights and clarifies the previous discussions and request from the City for Republic to w C expand its current agreement for processing. It also outlines the option and benefits of an exclusive contract and provides the City with information on why a continued partnership with Republic Services v� will provide benefits to its taxpayers. v In 2001 Republic Services made an investment in San Bernardino with the development of the Inland N Regional Material Recovery Facility and Transfer Station. The facility permit allows the site to receive up to 1,925 tons per day of solid waste material. Republic will guarantee the City will have capacity at this y facility during the term of this agreement. Republic Services will also provide indemnification for c compliance with the new Assembly Bill 341 mandating commercial recycling and setting a goal of 75% w diversion. U As you are aware, Republic Services is a fully integrated environmental management company committed to protecting today's environment for a better tomorrow. The local infrastructure owned a and operated by Republic in the region provides long-term rate stability,job security,revenue enhancement and a strategic partner whose motto is"customer service,second to none." N m 0 As the City's current green waste and recyclable processing partner, Republic is excited and appreciates the opportunity to present this proposal to manage, process and dispose of San Bernardino's waste stream. Republic looks forward to continuing the discussion on how this partnership can continue to 0 grow in order to provide the City with long-term waste material management solutions. s v R Sincerely, Q Peter Sterenberg r General Manager (\ An Environmental Partner You Can Count On Packet Pg. 111 REPUBLIC SERVICES Republic Services. . . o Responsible, Reliable, Respectful, Resourceful, Relentless X W Republic Services provides non-hazardous solid waste collection services for commercial, industrial, municipal and residential customers through 334 collection companies in 39 states and Puerto Rico. Republic owns/operates 194 transfer stations, 194 active solid waste landfills and 74 recycling facilities (D 0 including 69 landfill gas and renewable energy projects. N A Republic serves millions of residential customers under terms of contracts with more than 2,800 municipalities for waste collection and residential services. c R Municipal Contracts + 2,800 a LL Residential Customers: +12,000,000 T Commercial Customers: + 1,000,000 c) c 0 In 2001 Republic Services made an investment in San Bernardino with the development of the Inland c Regional Material Recovery Facility and Transfer Station. This facility is permitted to receive up to 1,925 0 tons per day of solid waste material. N Republic Services is an investment grade company trading on the New York Stock Exchange with a net o worth of over$6.5 billion. The company's assets are valued at nearly $20 billion and bonding capacity stands at$3 billion. Republic has never had a bond called on the parent company guarantee. N The company's borrowing capacity of $2.75 billion with $1.2 billion available provides a debt to = capitalization ratio that is the lowest, or best in the waste and recycling industry. Due to Republic's strong free cash flow position, $1.3 billion in debt has been repaid during the past two years and the 0 0. company has always maintained investment grade status as evident by the rating status in the solid m waste industry. K U_ • BBB/stable with Standard and Poor's CL C • Baa3/stable with Moody's • BBB/stable with Fitch Ratings N co 0 N r C d E L V R Q An Environmental Partner You Can Count On Packet Pg.,112 7.M.c O REPUBLIC SERVICES Waste Materials Disposal and Processing Plan 0 y Section 1 - Proposal & Clarification X w Republic Services' permit for the Inland Regional MRF/TS has the capacity to accept all of the waste generated by the City of San Bernardino. Republic will offer pricing under the existing terms of the agreement as well as an option for five and 10 year terms and guarantee the City will have disposal and o recycling capacity during the term of the agreement. All material will be received at the Inland Regional y MRF/TS from City trucks. Processing will happen at either the Inland Regional MRF or the CVT facility located in Anaheim, California. Republic's local facility is located less than four miles from the City yard 2, which will allow for improved operational efficiency and reduced wear and tear on the City's vehicle � fleet. Additionally,there is a direct benefit to the local economy as Republic Services continues to invest m IL and expand the local facility to meet the needs of the City of San Bernardino. iY Recycling Revenue Calculation (6.1 in current agreement) y Pricing for residential and commercial recycling will follow the calculations outlined in the current U agreement. Republic Services will offer a CPI adjustment to the recycling rate beginning January 1, 0 c 2013. In addition to the annual adjustment noted above for the rate paid to the City for recycling, g Republic Services would add pricing for reduction in residual at 5% intervals at the rate of$2.50 per ton for every 5% reduction in residual. For example, if the waste characterization demonstrates that the H City's residual reduces to 35%, Republic Services' payment to the City would increase from $15 per ton p to$17.50 per ton. v 0 Expanded Commercial and Multi Family Programs In addition to the material currently being received for processing, Republic Services would be willing to = accept materials that may not be highly source separated for processing. If the material meets the w residual characterization outlined in the agreement (less than 40%), then Republic will be able to o. process this material over our single stream line and pay the City in accordance with the agreement. If d the material exceeds the 40% residual threshold, the material will be processed over the commercial line as mixed waste. Mixed Waste will be defined as material that is not highly source separated and has residual waste in excess of 40%. These would be dry commercial loads that would be routed a separately from the wet commercial trash. Republic Services would charge$58/ton for all mixed waste processing with a residual characterization of 65%or greater. Republic Services will complete quarterly o characterizations of the mixed wasted delivered for processing and would reduce the price by$5.00/ton `� to for each 5% reduction in residual. Example - $53/ton for 60% residual, $48 for 55% residual, $43 for Q 50% residual. Republic Services would guarantee the diversion based on the characterization and actual recovery. The company would provide the City with monthly diversion reports to assist the City in compliance with the state mandatory commercial recycling requirement. With this proposal San E Bernardino will have an opportunity to process an estimated 40% of its commercial and multi-family generated waste stream. Q CAn Environmental Partner You Can Count On Packet Pg.113 REPUBLIC SERVICES Landfill Disposal c Republic Services would be willing to offer a disposal option under the terms of the current as well as under either a five and 10-year contract. We would guarantee disposal capacity for the City during the m term of the agreement. The disposal rate will include the cost of disposal and transportation. w Current $38.00/ton y 5 Year $37.50/ton 'd 10 Year $37.00/ton v N Organics Processing Republic Services will extend the current agreement for processing organic material. Republic has the c ability to process food waste at its local facility and would be interested in meeting with the City to m determine the program that would be most beneficial. Republic's preference is to work with the City to LL create a pilot program and evaluate the composition of the material before quoting pricing. In both the W cities of Anaheim and San Jose, Republic has made a commitment to process food waste in order to U achieve both city goals of"zero waste." c Construction and Demolition (C&D) `o_ Republic Services can provide processing for Construction and Demolition materials. Since there is a w wide range of material that can be recovered, the pricing would vary based on the composition of the material. If the material is source segregated and has market value, Republic will rebate 80% of the T market value back to the City. An example would be if the net price for metal is $250/gross ton, then the rebate to the City would be$250 x .8 =$200/per gross ton. Additional material that would yield a a rebate would be cardboard, mixed plastic, copper wire or other material that has a net positive market value. In addition to rebating the City for loads that have a positive market value (OCC, Metal etc.), - Republic Services will reduce pricing for segregated material that can diverted from the landfill. This would include the following materials: °o N Wood $20.00/ton 0: Drywall $36.00/ton u a Inerts $32.00/ton a Carpet and Padding $25.00/ton tr CD N If the segregated material does not have value, Republic would charge the applicable organic or disposal ° N rate. For material that is not segregated, Republic would process the material to meet the City's diversion requirements. The processing cost for C&D for material that is not segregated would be $58/ton. Material recovered from mixed C&D processing would be materials associated with the E building or demolition of residential and commercial structures. Items that would be recycled include lumber, drywall, metals, masonry (brick, concrete, etc.), carpet, plastic, pipe, rocks, dirt, paper, 0 cardboard,or green waste related to land development. a © An Environmental Partner You Can Count On Packet_Pg. 114 7.M.c REPUBLIC © SERVICES Annual Price Adjustments The Base Price for trash, green waste and recycling will adjust annually. The Los Angeles— Riverside— Orange County CPI-U for October— October will be used for these adjustments. The base price for c recycling (currently $15.00/ton) will adjust January 1, 2013. The first price adjustment for trash and green waste will occur on January 1, 2014. In addition to CPI adjustment to the base rate for trash,the fuel component of the trash rate ($9.75) will adjust annually beginning January 1, 2014. The Fuel u Component adjustment will be based on the 12-month trailing change in diesel fuel prices. For example, i assume: 0 Retail On Highway Diesel Price, California Index (California No 2 Diesel Retail Prices), $4.00 Fuel rate in H proposed price(1st year January—October) m January 3.95 LL February 3.99 W March 4.02 Z. April 4.04 May 4.15 0 c June 4.08 July 4.09 August 4.06 w September 4.08 0 October 4.06 en e *November N * December Weighted average 4.052 0 Change in rate 1.013'% c Rate Adjustment $9.75 x 1.013=$9.88 w m u a *The first year adjustment will be for 10 months January through October. c m D: m N O N r C d E r u m a OAn Environmental Partner You Can Count On PacketPg115 REPUBLIC SERVICES Section 2 — Exclusive Licensing Partnership for Processing and Disposal 'c 0 N Republic Services recognizes there is a direct benefit for an exclusive partnership with the City of San r Bernardino and would be willing to offer a financial commitment for this consideration. Republic w Services will commit to a three million dollar ($3,000,000) upfront payment for a ten year exclusive Z% license to provide processing and disposal of the waste generated by the City of San Bernardino. In addition, we will offer an option to pull forward the payments for recycling in the amount of one million two hundred fifteen thousand dollars ($1,215,000). If the City chooses to continue to receive monthly m payments for recycling,we will use the formula outlined in the proposal. Pricing would not change from the non-exclusive proposal with the exception of solid waste disposal which would increase from the ten (10)year proposed$37.00 to$37.93. c m This option will allow the City to leverage the assets of the Integrated Waste Division and allow the City LL to maintain the current structure for the rate payers while adding $4,215,000 million in upfront payments. As the City considers the value of this asset, it will want to select a very secure partner. The w indemnification you receive is only as strong as the company offering that financial commitment. U c Republic Services is that company as our two categories of financial strength — Indemnification and o c Capitalization demonstrate that pledge. g .y N 7 V _N D M O N d H c CL w! d V a C CL d o: m N fD O N r C d E r v sr OAn Environmental Partner You Can Count On Packet Pg.116 7A.c"t ......... REPUBLIC SERVICES Summary: o W C w The aforementioned proposal provides the City of San Bernardino with immediate access to$4,215,000 K million upon execution of the agreement. It ensures long-term recycling processing and disposal rate W stability while highlighting an exclusive and non-exclusive partnership to manage the City's waste m materials into the future. Republic's experience, local waste infrastructure, record of safety, customer — service excellence and knowledge of the San Bernardino solid waste market makes it uniquely qualified o to provide the recycling processing and disposal services requested of the City. N A There is also another potential long-term solid waste and recycling option for the City to consider as it evaluates the future of its waste management system. Republic Services welcomes the opportunity to discuss a public/private partnership with respect to the City's solid waste and recycling collection a services. Republic has a plan to secure local jobs, stabilize solid waste and recycling services rates and LL. guaranteeing long-term revenue enhancement and financial security for the City. This partnership ensures customer service excellence, safety as the top priority and the City maintains ownership in U collaboration with Republic of its solid waste system. o M Republic's plan is not a sale of San Bernardino's solid waste and recycling services department or system. It is a strategic partnership that provides for Republic to become the City's waste stream advisors and an extension of the current public works department. Republic would assume the financial H risk including salary, wages and retirement obligations. The City's current solid waste assets including trucks and containers along with capital needed for equipment maintenance and purchasing would v become the responsibility of Republic. Program enhancements such as educational scholarships, N recycling rewards for both residential and commercial customers and a partnership with the City's neighborhood clusters would be included in a formal binding agreement. y c Republic public/private partnership proposal provides a long-term solution to the management of the °o solid waste and recycling system in San Bernardino. It secures jobs,ensures rates are stable,and affords long-term financial benefit to the taxpayers without the City losing the ability to maintain control and o oversight of its solid waste system. MQ M CL True public/private partnerships only work when both partners are engaged, committed and work together to ensure the services promised exceed the customers' expectations. Republic's solid waste and recycling services plan accomplishes all of this and more. Republic is available to meet with the City to discuss this public/private partnership at anytime and looks forward to exceeding the City's ° N expectations well in to the future. c m E r v m Sr Q An Environmental Partner You Can Count On PacketPg..117 7.M.d DEPARTMENT OF PUBLIC WORKS FLOOD CONTROL • LAND DEVELOPMENT 8 CONSTRUCTION • OPERATIONS COUNTY OF SAN BERNARDINO SOLID WASTE MANAGEMENT • SURVEYOR • TRANSPORTATION SOLID WASTE MANAGEMENT DIVISION GERRY NEW COMBE Director of Public Works 222 West Hospitality Lane,Second Floor•San Bernardino,CA 924150017•(909)3868701 c AdministrationfEngineedng Fax(909)386-8900 3 y C July 13, 2012 w m Andrea Travis-Miller Acting City Manager o City of San Bernardino cy 300 North D Street cc San Bernardino, CA 92418 v c M RE: AMENDMENT TO WASTE DELIVERY AGREEMENT(WDA) BETWEEN THE LL CITY[TOWN AND THE COUNTY OF SAN BERNARDINO T Dear Ms. Travis-Miller: 0 0 As a result of the recent review process regarding the WDAs. County staff and the City and o Town Managers have agreed to recommend amending the current WDA to extend the term until N June 30, 2016. This amendment will also put each City/Town on the same termination date. N Enclosed are two copies of the amendment to the WDA for consideration and approval by your City/Town Council. As with any amendment to the WDA, this amendment shall be effective only if all fifteen affected WDA entities agree to it and the County is able to adopt it on or before N December 18, 2012. L d Once you obtain Council approval, please return both signed copies, no later than October 31, 2012, and we will present the fifteen WDA amendments to the Board of Supervisors (BOS) for approval. 0 W c 0 After BOS approval, the County will return one fully executed original document to you for your x records. If you have any questions regarding this letter, please contact me at(909)387-7906. w 0 Sincerely, 0 U GERRY NEWC MBE Director o N Enclosures as noted d E L U A cc: Arthur L. Rivera, Interim Division Manager, Solid Waste Management C. Rozzi/E. Barrington, DPW-Administrative Services Division ¢ Board of Supervisors BRAD MITZELFELT................................First District NEIL DERRY..........................................Third District GREGORY C.DEVEREAUX JANICE RUTHERFORD.....................Second District GARY C.OVITT...................................Fourth District Chief Executive Officer JOSIE GONZALES......................Fifth District Packet Pg. 118 7.M.d WASTE DISPOSAL AGREEMENT BETWEEN C O N THE COUNTY OF SAN BERNARDINO, CALIFORNIA x W z AND > 0 THE CITY OF SAN BERNARDINO CU DATED: December 16, 1997 a LL T U c 0 C County Authorization Date: City Authorization Date: s N N 7 U N_ M V County Notice Address: City Notice Address: Solid Waste Management Division City of San Bernardino 222 Hospitality Lane, 2nd Floor 300 North D Street San Bernardino, CA 92415-0017 San Bernardino, CA 92418 4 .N C d x W Emergency Contact: Emergency Contact: Q 0 3 Arthur L. Rivera Interim Division Manager o (909) 386-8703 M r O N C d E s U A Q Packet Pg. 119 Y —d AMENDMENT NO. 5 TO THE WASTE DISPOSAL AGREEMENT On December 16, 1997 City of San Bernardino ("City') and the County of San Bernardino ("County") entered into a Waste Disposal Agreement("WDA"). The parties hereby amend the c WDA, on the Effective Date as provided herein, by their respective execution of this agreement (hereinafter"Amendment'). 4) X w 4 m Recitals 0 w A. In connection with the on-going administration of the WDA, the Parties have determined it is now in their best interests to change the termination date to June 30, 2016. 3 v C B. This change in the termination date will assist both the City and the County in planning a for future fiscal years' budgeting of solid waste disposal services and costs. a o: T U NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and o promises the Parties agree as follows: c N 1. Amended ARTICLE VI TERM Section 6.1 EFFECTIVE DATE AND TERM. (A) Term. u This section is amended in its entirety to read: 'o SECTION 6.1. EFFECTIVE DATE AND TERM. (A)Term. This Agreement shall v become effective, shall be in full force and effect and shall be legally binding upon the City and the County from the Contract Date and shall continue in full force and effect until June 30, 2016 unless earlier terminated in accordance with its terms. m J 2. Effective Date. This Amendment shall be effective if and only when all fifteen cities listed c on Exhibit"A" have each adopted and executed a counterpart of this Amendment No. 5 (the amendment number may differ for each city listed on Exhibit"A") on or before October 31, 2012 and such amendment has been adopted and executed by the County w on or before December 18, 2012. In all events, the conditions in the forgoing sentence o shall occur otherwise this Amendment No. 5 shall be null and void and without any effect whatsoever. 0 3. No other amendments. Except as modified in this Amendment(or in any prior U Amendment(s)) all other terms and conditions of the WDA, including without limit those M contained in any prior Amendment, shall remain in full force and effect. o N / E / r / R / Q / ��acket Pg:120 7.M.dry`` IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written. CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO c N C By: x By: w Name: Chairman, Board of Supervisors d Print Name > 0 Title: Date: w N A Date: v c M a. LL w ATTEST: SIGNED AND CERTIFIED THAT A COPY OF 4% THIS CONTRACT HAS BEEN DELIVERED TO v THE CHAIRMAN OF THE BOARD c a 0 Clerk of the Board of Supervisors y Of the County of San Bernardino v 'o By: a City Clerk By: N Deputy d V d J 0 O C d w APPROVED AS TO FORM: APPROVED AS TO FORM: W CITY ATTORNEY COUNTY COUNSEL SAN BERNARDINO o COUNTY, CALIFORNIA 3 Y C 0 By: By: v r 0 Date: Date: N c m E r U R Q Packet Pg.121. 7.M.d © EXHIBIT A CITIES/TOWNS WITH A WASTE DELIVERY AGREEMENT WITH THE COUNTY OF SAN BERNARDINO o OFFERED THIS AMENDMENT JULY 2012 FOR AN AGREEMENT END DATE OF JUNE 30, 2016 x w m 1. APPLE VALLEY d 2. BARSTOW ° 3. BIG BEAR LAKE 4. COLTON 5. FONTANA 6. GRAND TERRACE a 7. HESPERIA 8. HIGHLAND > 9. LOMA LINDA 10. RIALTO ° r 11. SAN BERNARDINO 4 12. TWENTYNINE PALMS 13. VICTORVILLE 14. YUCAIPA ° 15. YUCCA VALLEY 0 N d O J C O N C Ol X w Q O T C J O U M n O N r C d E L U R Q Packet Pg. 122 ' FOR COUNTY USE ONLY `t7•M.d ' New FAS Vendor Code �+ Dept. Contract Number Change SC 1SWM 97-1052 A-5 Cancel ePro Vendor Number ePro Contract Number County Department Dept. Orgn. Contractor's License No. DPW/Solid Waste Management Division SWM SWM County Department Contract Representative Telephone Total Contract Amount _ County of San Bernardino 0 Gerry Newcombe 909 387-7906 VARIOUS e .y FAS contract Type e ® Revenue El Encumbered IB Unencumbered rl Other: If not encumbered or revenue contract type,provide reason: W CONTRACT TRANSMITTAL Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amour ' d 01/01/1998 06/30/2016 > Fund Dept. Organization Appr. Obi/Rev Source GRC/PROJ/JOB No. Amount 0 EAA SWM SWM 9700 None y Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount v Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount A 0. LL IX Project Name Estimated Payment Total by Fiscal Year Amendment No. 5 to the Waste FY Amount I/D FY Amount I/D w n' d al Anmpmpni Frtpnc fr C Anrppmpnt Fnd nptp — O C to R/7n/16 O N N 7 CONTRACTOR City of San Bernardino v, 0 feral ID No. or Social Security No. M Contractor's Representative Andrea Travis-Miller, Acting City Manager. t°t Address 300 North D Street, San Bernardino, CA 92376 Phone (909) 384-5549 m � J Nature of Contract: (Briefly describe the general terms of the contract): `o The Waste Disposal Agreement that is the subject of this amendment i '% fifteen year agreement between the w County and the City of San Bernardino for use of the County landfill `system. Amendment No. 1 was to implement x the "Article 19 Solid Waste" component of the County's waste management system and define the City's share of uJ that revenue. Amendment No. 2 was to increase the annual maximum limits of "Article 19 Solid Waste" in the o County landfill system. Amendment No. 3 al(owed'the County to charge the`fee of-$10.00 per ton (pro rated) for identified controllable waste of the City.t(e4., roll off container trucks'and other,County/City vehicles such as pick- t ups and dump trucks) and have such,Waste subject to being processed in the recycling program. Amendment No. o 4 allowed the County to calculate the annual cost of living adjustm_ent,earlie�r'in the calendar year. L) The purpose of this Amendment No. 5 is to;alflow the Parties to extend the end date of the Waste Disposal o Agreement to June 30, 2016. (Attach this transmittal to all contracts not PmOp ed on the "Standard Contract"form.) Approved as to Legal Form(sign in blue ink) Reviewved as to Contract Compliance Presented to BOS for Signature t v A County Counsel Department Head Date Date Auditor-Controller?reasnreflT x Collector Use On ❑Contract Database ❑FAS Input Date Keyed By Paeket Pgf123 kd 0 .N c m x w r d 0 N N C A a LL U C O C O N N 7 V H D M d 0 N_ d M d J C O .N C d x W Q D T C 0 O U M r 0 N C d E L V R M V Q Auditor-ControlleNTreasurer/Tax Collector Use Onl l7 Contract Database ❑FAS _ Input Date Keyed By Packet Pg. 124 REPO RTtRECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA 7"" AND RECORD OF ACTION © Agree. 97-1051 December tti, 1 897 i FROM: GERRY NEWCOMBE,Contract Administrator Public Services Group, Waste System Division SUBJECT: WASTE DELIVERY AGREEMENT BETWEEN THE COUNTY AND THE CITY OF SAN BERNARDINO 0 RECOMMENDATION. Approve 15 year Waste Delivery Agreement (WDA) with the City Of San Bernardino for use of the County landfill system,from January 1, 1998 to December 31,2012. X w BACKGROUND INFORMATION: On November 4, 1997, the Board approved a standard WDA and directed staff to present the agreement to cities for approval and return any signed agreements to the > Board for final approval. The San Bernardino City Council approved the WDA on December 15, 1997, o P Approval of the recommendation will result in the adoption of the WDA whereby the City of San R Bernardino is obligated to deliver all of its controllable waste to the Calton and Mid Valley Landfills for 15 years, and the County is obligated to provide capacity for that waste at a specified contract rate reimbursed by the City. A a. When WDA's representing 60 percent of the system tonnage of 1,390,000 tons (less the K unincorporated tonnage which will be controlled by the County through franchise agreements) have M been executed, it will be necessary to modify the compensation provisions in NORCAL's contract. U Staff has met with NORCAL and reached agreement on the rational for a revised compensation a program that Is consistent with the controls placed on the contract rate contained in the WDA's. The c WSD will present the modified compensation program for Board consideration when the 60 percent o threshold is within reach. Prior to reaching that threshold, the system can continue to function with the N existing compensation program in place. w REVIEW BY OTHERS: This item has been reviewed by Deputy County Counsel Robert L. Jocks on December 5, 1997. C° v 0 FINANCIAL IMPACT: This action will have no impact an the General Fund. The difference between the existing 533+ton tip fee and the $28.501ton contract rate will result in reduced revenue to the Division in Fiscal Year 1997198. This reduction will be offset by a combination of expenditure w E reductions and new revenue sources. v d Cl) SUPERVtSORIAL DISTRICT(S): Fifth Q Q D m N Record of Action of the Board of Supervisors cc: WSD-Newcombe w/4 agrees. AGREEMENT 97-1051 a' Contractor clo WSD wr2 DEFERRE E BOARD OF SUPERVISORS agrees. ERNARDINO v Auditor w/agree, d s Contract Compl. w/agree. MOTION AYJ w Co. Counsel-Jocks � � 4 s a File wlagree. EA F O D st BY Iw F DATED :De 1� 'Rt)fNO -O Rev 07/97 VI ITEM D50a Packet Pg. 125 97^371 EXECUTION COPY C O_ WAM DISPOSAL AGREEMENT n c d x x w BctNNeen Z, d D THE COUNTY OF SAN BERNARDINO.CALIFORNIA d M and C R a LL THE CITY OF SAN BERNARDINO w U c O C O Dated December 16, 1997 N N 7 V N_ l] M V O N C d E N 2 IM I Q Q County Authorization Date: City Authorization Date: m N December 16. 1997 December 15. 1997 r a County Notice Address: City Notice Address: am E z R Q Emergency Contact: Emergency Contact: Packet Pg. 126 97- 3.11 QWASTE DISPOSAL.AGREEMENT THIS WASTE DISPOSAL AGREEMENT is made and dated as of the date indicated on the cover page hereof between the County of San Bernardino,a political subdivision of the State of California (the"County").and the City designated on the cover page of this Agreement,a general law or charter city and political subdivision of the State of California(the"City"). RECITALS o N C The County owns, manages and operates a sanitary landfill system for the disposal of ° municipal solid waste generated in the unincorporated area within the County and which it has made w available for the disposal of municipal solid waste generated within cities located within the County(the "Disposal System"). The Disposal System currently includes 12 active landfills and is expected to consist > of five active landfills upon implementation of the Solid Waste Partnership Strategy and Implementation Plan. d The Disposal System is used for the disposal of municipal solid waste which is not composted, reused. recycled. transformed or otherwise diverted from landfill disposal, pursuant to the California Integrated Waste Nlanagement Act of 1999(Division 30 of the California Public Resources Codc} m The Act,which mandates the diversion of 50%of waste from landfill disposal by 2000,has already reduced a the volume of waste delivered to the landfills. Q� _, The County wishes to enter into an agreement with the City to accept all of the City's v municipal solid waste in the Disposal System for the term and subject to the provisions of this Agreement, o and the City desires to use all legal and contractual powers it possesses to deliver or cause to be delivered o the municipal solid waste generated within its boundaries to the Disposal System for the term of and subject y to the provisions of this Agreement. N_ The City. in the exercise of its police power and its powers under the .Act, either(i)has entered into a franchise or other ageement with or issued permits or licenses to one or more private haulers For the collection and disposal of municipal solid waste generated within the City or(ii)collects municipal N solid waste generated within the City in City owned and operated collection vehicles. c a+ The City has determined that the execution of this Agreement by the City will serve the E public health,safety and welfare of the City by providing greater disposal rate stability, more predictable m and reliable long-term disposal service,and the continuation of sound environmental management. Q Q The County has determined that the execution by the County of this Agreement will serve 0 the public health.safety and welfare by providing a more stable,predictable and reliable supply of municipal solid waste and the resulting service payment revenue to the Disposal Systent,thereby enabling the County to plan,manage.operate and finance improvements to the Disposal System on a more prudent and sound long term, businesslike basis. Official action approving this Agreement and determining it to be in the public interest and m authorizing its execution and delivery was duly taken by the County on the County authorization date r indicated on the cover page hereof. Official action approving this Agreement and determining it to be in the public interest and Q authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof. I Packet Pg. 127 47-371 © it is, therefore, agreed as follows: C o N d Y x w a d .7j; 0 d Y N co C R CL LL w T Y U c 0 c 0 © N N 3 U H Cl) a 0 N C CD E SD \ v rn 4 0 3 N r n CD c d E t v a O Z Packet Pg. 128 k 97-371 ® ARTICLE I DEFLNIT1ONS AND INTERPRETATION SECTION i,l. DEEINmONS. As used in this Agreement.the following tents shall have the meanings set forth below. "Acceptable Waste"means all garbage,refuse,rubbish and other materials and substances � discarded or rejected as being spent,useless,worthless or in excess to the owners at the time of such discard 2 or rejection and which are normally disposed of by or collected from residential(single family and multi- family),commercial,industrial,govemmenial and institutional establishments which are acceptable at Class x III landfills under Applicable Law(including,without limitation,the Legal Entitlements for each facility), w 4 m "Act"means the California Integrated Waste ManagetnGnt Act of 1989(Division 30 of the California Public Resources Code),as amended.supplemented,superseded and replaced from little to time. o m "Agreement"means this Waste Disposal Agreement between the County and the City as the same may be amended or modified from time to time in accordance herewith. c "Appenditi"means an appendix to this Agreement.as the same may be amended or modified tt. from time to time in accordance with the terms hereof, U. 'Applicable Law" means the Act, the San Bernardino Cutenty Cudc, CERCLA, RCRA. CEQA, any legal Entitlement and any federal or state rule, regulation. requirement, guideline, permit. action,determination or order of any Gnvernrnental [Cody having jurisdiction,applicable from time to time o to the siting, design. pemtitting, acyuisitirm, construction, equipping, financing. ownership. possession. o operation or maintenance of the Disposal System, the transfer. handling, transportation and disposal of w Acceptable Waste,Unacceptable Waste,or any other transaction or matter contemplated hereby(including any of the foregoing which concern health, safety. tire, envinmmental protection. mitigation monitoring w 0 plans and building codes.), c� v "Board" means doe California Integrated W'xite Jtanagenscnt Llganl. ° "CEQA"means tine California Environmental Quality Act,codified at Cal. flub.Res.Code y Section:1040 et s!M.(West 19961 as amended or superseded,and the regulations promulgated thereunder. E a "CERC'LA" means the Comprehensive Environmental Responsibility Compensation and 6 a Liability Act.47 U.S.C.A,Section 96011 C seq.(West 1995 &Supp. 1996).as amended or superseded.and Q the regulations promulgated thereunder. `Change in Law"means any of the following events or conditions which has a material and adverse effect oil Lie performance by the parties of their respective obligations under this Agreement(except for payment obligations),oron the siting,design,permitting,acquisition,construction,equipping,financing. ownership, possession, operation or maintenance of the Disposal System or other matters to which c• Applicable Law applies: E E (t) the enactment,adoption,promulgation, issuance,material modification of written change in administrative or judicial interpretation on or after the Commencement Date of any Q Applicable Law(other than Applicable Law enacted by the County); ® 3 Packet Pg. 129 97-371 © (2) the order orjudgment of any Governmental Body(other than the County),on or after the Commencement Date,to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law;pMyj�,however,that the contesting in good faith or the good faith decision not to contest any such order orjudgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence;or c 0 (3) the denial of an application for, delay in the review, issuance or renewal of, or suspension,termination, interruption,imposition of a new or more stringent condition in connection x with the issuance,renewal or failure of issuance or renewal on or after the Commencement Date of w any Legal Entitletnent to the extent that such denial,delay, suspension,termination, interruption, imposition or failure materially and adversely interferes with the performance of this Agreement, if and to the extent that such denial, delay, suspension, termination, interruption, imposition or v Z failure is not the result of willful or negligent action, error or omission or a lack of reasonable m diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law; UEaic1gd,however that the contesting in good faith or the good faith decision not to contest any such denial,delay,suspension,termination, interruption,imposition or failure shall not be construed as c such a willful or negligent action,error or omission or lack of reasonable diligence. a LL "Change in Law" shall not include actions taken by Governmental Bodies to enforce requirements of � Applicable Law. L) c "City" means,as applicable,the city designated on the cover page of this Agreement and 0 c O party to this.Agreement. N N "City Acceptable Waste" means all Acceptable Waste which was originally discarded by c' the first generator dtereof within rtte geographical limits of the City. and Residue from the toregoing (or w a Tonnage equivalencies of such Residues,as and to the extent provided in subsection 3.1(C)hereof). M V "Contract Date" means the date of delivery of this Agreement as executed by the parties r°y hereto. c v "Contract Rate" has the meaning specified in Section.1= hereof. E d "Contra:(Year"means the fiscal year commencing on July I in any year and ending on June 30 of the following year. 0 "Controllable Waste" means all City Acceptable Waste with respect to which the City has the legal or contractual ability to determine the disposal location therefor and + hich is: N T (1) Non-Diverted City Acceptable Waste: (2) not generated from the operations of the Governmental Bodies which, under Applicable Law, have the independent power to arrange for the disposal of the waste they generate (such as school districts and State correctional facilities), s (3) not Residue excluded from the Waste Delivery Covenant pursuant to Section (4) not inert materials, construction and demolition debris, green waste and other materials which can be disposed at landfills other than Class III landfills;and (S) collected and hauled by franchise Haulers. O 4 Packet Pg. 130 47-371 O "County"means the County' of San Bernardino, a political subdivision of the State of California and party to this Agreement. "County Waste Management Enterprise Fund"means the waste management enterprise fund established and managed by the County pursuant to Section 25261 of the Government Code separate front its other funds and accounts for receipts and disbursements in connection with the Disposal System. c "County-wide Recycling Services"has the meaning set forth in subsection 3.6(A)hereof. o N G "Designated Disposal Facility"means the sanitary landfill or other facility operated by or x for the County as pan of the Disposal System which is designated in Appendix I hereto as the disposal w location for Controllable Waste delivered to the County pursuant hereto as of the Commencement Date,or such other additional, alternate or replacement sanitary landfills or other disposal facilities as may be designated by the County as the Designated Disposal Facility (subject to the approval of the City) in d 0 accordance with Section 31 hereof, 0 N "Disposal Agreements"means each of the waste disposal agreements entered into between the County and any city within the Colony in accordance herewith. R "Disposal Servicei'means the solid waste disposal services to be provided by the County LL pursuant to the Service Covenant and otherwise hereunder. "Disposal System"means all sanitary landfills and other solid waste transfer,transportation, storage,handling,processing and disposal facilities,now or at any time owned, leased,managed,operated O O by or under contract to the County for the acceptance,handling,processing and disposal of Acceptable Waste o delivered by or on behalf of the City under this Agreement, including the Designated Disposal Facilities a listed on .Appendix I and any expansion thereof, all as more particularly described in the Solid Waste Partnership Strategy and Implementation Finn. Mn "Disposal Systems Component"means any landfill,facility,structure,work,equipment,site v or other real or personal property constituting a component part of the Disposal System. "Diverted City Acceptable Waste" means any otherwise Controllable Waste which is d separated from Acceptable Waste by the generator thereof or by processing and which is "diverted"within E the meaning of Section 40180 of the Public Resources Code. rn Q "Franchise Hauler"means any baulerorcolleetor who provides Acceptable`,Paste collection o services within the City pursuant to,or under authority granted by.a contract, franchise or other agreement with the City. The term Franchise hauler includes the City itself if Acceptable Waste collection and transportatiou services are provided directly by City uperated municipal collection son lee. N "Governmental Body" means any federal, State, county, city or regional legislative, executive,judicial or other governmental board,agency,authority,committee,administration,court or other body,or any officer thereof acting within the scope of his or her authority. E E "hazardous Substance"has the meaning given such tern in the Resource Conservation and V° Recovery Act,42 U.S.C.6901 et seq,CERCLA, and all future amendments to either of them or as defined a by California statute or by the California Environmental Protection Agency or the California Integrated Waste Management Board,or any of them. 5 Packet Pg. 131 97-•371 O "Hazardous Waste" means (a) any waste which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may do either of the following: cause, or significantly contribute to• an increase in mortality or an increase in serious irreversible,or incapacitating reversible, Illness,or pose a substantial threat or potential hazard to human health or the environment,or any waste which is defined or regulated as a hazardous waste,toxic substance,hazardous chemical substance or mixture,or asbestos under Applicable Law•as amended from time to time including,but not limited to: (1) the Resource Conservation and Recovery Act and the regulations container in 40 CFR Parts 260.2 81;(2) the Toxic Substances Control Act(15 U.S.C.Sections 2601 et_ s_ea.)and the regulations contained in 40 CFR o Parts 761-766-,(3)the California Hcahh and Safety Code,Section 25117(West 1992&Supp. 1996);(4)the c California Public Resources Code, Section 40141 (West 1996); (5)CF.RCLA and regulations promulgated X thereunder and(6)future additional or substitute Applicable Law pertaining to the identification,treatment, W storage or disposal of toxic substances or hazardous wastes;or(b)radioactive materials which are source. special nuclear or by-product material as defined by t e Atomic Energy Act of 1954(42 U.S.C.Section 2011 > ei sag.)and the regulations contained in 10 CFR Part 40. 0 v "Imported Acceptable Waste" means Acceptable Waste that is generated outside of the geographical boundaries of the County and delivered to the Disposal System. a c "In-County Processing Facility" means any Processing Facility located within the @ geographical boundaries of the County. whether owned and/or operated by the County,any city,or private LL operator. T "independent Haulers"means those waste coltection/hauler companies primarily engaged r as a principal business in the collection and transportation of municipal solid waste generated in the County C of San Bernardino and not under a franchise or other contract with a city in the County. o O N N "Tenn"has the meaning specified in Section 6.1(A)hereof. 'u N "Legal Entitlement" means all permits, licenses, approvals, authorizations.consents and entitlements of whatever kind and however described which are required under Applicable Law to be le obtained or maintained by any person with respect to the Disposal System or the performance of any CD obligation under this Agreement or the matters covered hereby. c W "Legal Proceeding" means every action, suit, litigation, arbitration, administrative E C) proceeding, and other iegal or equitable proceeding having a bearing upon this Agreement, v rn Q "Loss-and-Expense" means ant and all loss. liability,obligation,damage,delay, penalty, Q judgment,deposit,cost.expense,claim,demand,charge, tax,or expense.including all fees and costs. m "Out-of-County Processing Facility" means a Processing Facility located outside the geographical boundaries of the County. r; rn 'Non-Diverted City Acceptable Waste"means all City Acceptable Waste other than Diverted c City Acceptable Waste. E E "Overdue Rate"means the post judgment rate of interest specified by the laws of the State. "Processing facility" means any materials recovery facility, composting facility, intermediate processing center, recycling center, incinerator or other waste management facility to which City Acceptable Waste is delivered for processing prior to disposal. © 6 Packet Pg. 132 97-371 ® "Prohibited Medical Waste"means any medical or infectious waste prohibited or restricted under Applicable Law from being received by or disposed at the Disposal System. "Qualified Household Hazardous Waste" means waste materials determined by the Board, the Department of health Services,the State Water Resources Control Board,or the Air Resources Board to be; (t) Of a nature that they must be lined as hazardous in State statutes and regulations; 0 rr (2) Toxictignitable lcoosiveireactive',and M (3) Carainogenic lmutagenic/teratogcnic; d X W which are discarded from households as opposed to businesses. Qualified Household I lazardous Waste shall not include Unacceptable Waste. Z "Residue" means any material remaining from the processing in permitted solid waste o facilities or other facilities,by any means and to any extent, of City Acceptable Waste or Diverted City N Acceptable Waste. m v "Resource Conservation and Recovery Act"or"RCRA"means the Resource Conservation and Recovery Act,42 U.S.C.A,Section 6901 9=.(West 1983&Supp 1989),as amended and superseded. a LL Ce "Self-Hauled Waste" means City Acceptable Waste collected and hauled by Sett-Haulers. U "Self-Hauler"means any person not engaged Commercially in waste haulage who collects c and hauls Acceptable Waste generated from residential or business activities conducted by such person. c N "Service Covenant"means the covenants and agreements ofthe County set forth in Sections 3.2 and 3.3 hereof. o, 0 "State" means the State of California. h v 0 "'Perm"shall mean the Term of this Agreement specified in Section 6.t. = r "Ton"means a"short ton"of 2,000 pounds. E d m "Transfer Station"means any transfer station or other warm handling or management facility rn to which solid waste colleted for the City is delivered for transfer, processing or transformation before C disposal in the Disposal System. p "Unacceptable Waste"means Hazardous Waste;Hazardous Substances;Prohibited Medical r Waste; Qualified Household Hazardous Waste separated from Acceptable Waste(or otherwise identified N by the County in loads otherwise containing Acceptable Waste);explosives,ordnance,highly flammable substances,and noxious materials and lead-acid batteries(except if delivered in minimal quantities);drums ° and closed containers; liquid waste, oil, human wastes; machinery and equipment from commercial or industrial sources,such as hardened gears,shafts,motor vehicles or major components thereof,agricultural E equipment trailers,marine vessels and steel cable; hot loads; and any waste which the Disposal System is prohibited from receiving under Applicable Law. =° Q "Uncontrollable Circumstance" means any act,event or condition affecting the Disposal System,the County,the City,or any of their Franchise Haulers,contractors or suppliers to the extent that © 7 Packet Pg. 133 97-371 Qit materially and adversely affects die ability of either party to perform any obligation under the Agreement (except for payment obligations)., if such act,event or condition is beyond the reasonable control and is not also the result of the willful or negligent act,error or omission or failure to exercise reasonable diligence on die part of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the Agreement;provided,however,that the contesting in good faith or the good faith decision not to contest such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Examples of Uncontrollable Circumstances are: c 0 (1)an act of God, landslide, lightning,earthquake,fire,explosion,flood,sabotage or similar occurrence.acts of a public enemy,extortion,war,blockade or insurrection,riot or civil disturbance; d X and w it (2)a Change in Law. > z It is specifically understood that none or the following acts or conditions shall constitute Uncontrollable Circumstances: (a)general economic conditions,interest or inflation rates,currency fluctuations or changes w in the cost of fuel, the availability of commodities, supplies or equipment; (b) changes in the financial m condition of the County,the Croy or anv Subcontractor affecting their ability to perform their obligations; (c.)the consequences of errors,neglect or omissions by the County,the City,or any Subcontractor of any tier @ in the performance of their obligations hereunder;(d)union work rules,requirements or demands which have a the effect of increasing the number of employees employed in connection with the Disposal System or T otherwise increase the cost to the County of operating and maintaining the Disposal System or providing the >1_ Disposal Services;(e)strikes,work stoppages or other labor disputes or disturbances occurring with respect U to any activity performed or to lie performed by the City or the County or any of the City's or County's o Subcontractors in connection with the Disposal System or the Disposal Services; (f)any failure of any a © c Subcontractor to furnish labor,materials,service or equipment for any reason(other than an Uncontrollable Circumstance):(g)equipment failure:(h)any impact of minimum wage law,prevailing wage law,customs 3 or practices on the County's construction or operating costs;or(i)changing conditions in the local,regional, T or national waste disposal market. M "unincorporated Area" means those portions of the County which are not contained within N the jurisdictional boundaries of incorporated cities. c m "Waste Disposal Covenant" means the covenants arid agreements of the City set fixtb in E Section 3.1 hereof. d rn SECTION 1.2. jNP[tPRF fAT10'Y. in this Agreement, unless the context otherwise a a requires: (A)References Hereto. The terms"hereby","herml","herein","hereunder"and ally similar terms are references to this Agreement, and the term "hereafter' means after, and the temi "heretofore" means before.the Contract Date. C) (B) Gender and Plurathv. Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the s plural number and vice versa. @ (C) Person s Words importing persons include firms, companies, associations, general a partnerships, limited partnerships, trusts, business trusts, corporations and other legal entities, including public bodies,as well as individuals. PacketPg. 134 J7-371 © (D)I-leadings, The table of contents and any Ineadings preceding the text of the Articles, Sections and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement.nor shall they affect its meaning,construction or effect. (E)Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the transactions contemplated by this Agreement and,except as expressly provided otherwise herein, nothing in this Agreement is intended to confer on haulers or any other person other than the parties hereto and their respective permitted successors and assigns hereunder any rights or remedies g under or by reason of this Agreement. m (F)Counterparts. This Agreement may be executed in any number of original counterparts. w All such counterparts shall constitute but one and the same Agreement. (G) Anplicable Law. This Agreement shall be governed by and construed in accordance d with the Applicable Laws of the State of California. d N @ (H) AggQUntmv farms. All accounting tennis used but not specifically defined herein shall be construed in accordance with.all accounting determinations hereunder to be made shall be prepared in c accordance with generally acceptable accounting principles applied on a consistent basis. @ a LL (1)Se.- h'rt. If any clause.provision,subsection,Section or Article of this Agreement W shall be ruled invalid by any court of jurisdiction,then the parties shall:(I)promptly meet and negotiate a substitute for such clause,provision,subsection.Section or Article which shall,to the greatest extent legally ) permissible,effect the intent of the parties therein;(2)if necessary-or desirable to accomplish item(1)above, o apply to the covet having declared such invalidity for a judicial construction of the invalidated portion of this o Agreement;and(3)negotiate such changes in,substitutions for or additions to the remaining provisions of m this Agreement as may be necessary in addition to and in conjunction with items(1)and(2)above to effect the intent of the panics in the invalid provision.The invalidity of such clause,provision,subsection,Section Mn or.Article shall not affect any of the remaining provisions hereof•and this Agreement shall be construed and enforced as if such invalid portion did not exist, unless such invalidity frustrates the underlying primary v purpose of the Agreement, °vN (J) Integration. This Agreement contains the entire agreement between the parties with y respect to the transactions contemplated hereby.This Agreement shall completely and fully supersede all E prior understandings and agreements between the Parties with respect to such transactions. d rn a (k)Recitals.The recitals to this Agreement are not intended to bind the parties hereto. In Q the event of a conflict between the recitals and the operative provisions of this Agreement,the operative ❑ provisions shall prevail. The recitals shall not be used to interpret the provisions of the Agreement. N_ r C) c m E s U Q © 9 Packet Pg. 135' 97-371 © ARTICLE II RE PRESENTATIONS AND W AMiLNTIES SECTION 2.1. REPRESENT ATION5 ' , WARRANTIES Op THE -! Y. The City represents and warrants that: (A) Exis The City is a general law or charter city validly existing under the Constitution and laws of the State. °- (B) Due Authorization. The City has duty authorized the execution and delivery of this x Agreement,and this Agreement has been duly executed and delivered by the City. W T d (C)Nt&Qualg. Neither the execution nor the delivery by the City of this Agreement nor the performance by the City of its obligations hereunder nor the consummation by the City of the o transactions contemplated hereby(t)conflicts with,violates or results in a breach of any Applicable law a, or(2)conflicts with,violates or results in a breach of any term or conditions of any contract, agreement, m franchise.judgment, instrument or decree to which the City is a party or by which the City or any of its properties or assets are bound,or constitutes a default under any such contract, franchise,judgment,decree, M agreement or instrument, m a LL Of (D)No Litigation. There is no action, suit or other proceeding, at law or equity, before or T by any court or Governmental Body pending or,to the City's best knowledge, threatened against the City in U which an unfavorable decision, mling or finding which would materially and adversely of a the validity c, of or enforceability of this Agreement or any other agreement or instrument to be entered into by the City o in connection with the transactions contemplated hereby.or which would materially and adversely affect the o performance by the City of its obligations hereunder or under any such other agreement or instrument. w U U SECTION 2.2. RE RFR-. FtJ'V EONS ANU W'Al;ft�tiTj[S,OI "1 HE: COti �l , The Lh County represents and warrants that: M V (A) Existence. The County is a political subdivision of the State of California validly existing under the Constitution and laws of the State. c m (B)We Authorization. The County has duly authorized the execution and delivery of'this E Agreement,and this Agreement has been duly executed and delivered by the County. m Q (C)No Conflict, Neither the execution nor the delivery by the County of this Agreement o nor the perfomtance by the County of its obligations hereunder nor the consummation by the County of the transactions contemplated hereby(1)conflicts with, violates or results in a breach of any Applicable Law or(2)conflicts with,violates or results in a breach of any term or conditions of any contract,agreement, franrchise,judgment,instrument or decree to which the County is a party or by which the County or any of its properties or assets are bound,or constitutes a default under any such contract, franchise,judgment, m decree, agreement or instrument. m (D)No Litigation. There is no action, suit or other proceeding, at law or equity, before or t by any court or Governmental Body pending or, to the County's best knowledge,threatened against the m County in which an unfavorable decision,ruling or finding which would materially and adversely affect the Q validity of or enforceability of this Agreement or any other agreement or instrument to be entered into by the County in connection with the transactions contemplated hereby, or which would materially and C to Packet Pg. 136 ,.M.e °7-iii Oadversely affect the performance by the County of its obligations hereunder or under any such other aareemem or instrument. 0 y \ d X W iT N Y ' t d 4 ❑ t, r N YY 1_ a ` LL ' T O C O_ N N 7 U N_ Ih V \ N C a) E QI QI 01 a ' a 3 to N n m c m E s U N a Packet Pg. 137 7.M.e 97-371 © ARTICLE iII DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE SECF ION 3.L DELIVER Ya-JKLSTE. (A)Waste Disposal Covenant. Subject to the occurrence of the Commencement Date and throughout the'rerm of this Agreement,the City shall exercise all legal and contractual power and authority which it may possess front time to time to deliver or cause the delivery of all Controllable Waste to the Disposal System in accordance herewith beginning on January 1, 1998. c N (8) Diverted City Acct testable Waste. The parties hereto acknowledge the responsibility a of the City to meet the recycling and landfill diversion goals contained in the Act. Noshing in this w Agreement is intended or shall be interpreted to prohibit or impair the ability of the City to meet or exceed 2!1 such responsibilities, or to restrict the right of the residents, businesses or organizations in the City to > practice source separation,source reduction,recycling. composting or other materials recovery activities, 6 or to restrict the right of the City to conduct. sponsor,encourage or require such activities in any font. No reduction in the amount of Controllable Waste generated in the C sty and delivered to the Disposal System � by or on behalf of the City which may result from any such source separation or recycling program(whether � or no[such program meets or exceeds the diversion requirements of the Act)shall cause the City any liability -o hereunder and shall not constitute a breach of this Agreement. m a LL {SECTION TO RE USED IF ALL WASTE CURRENTLY STAYS WITRLN COUNTY1 (C) W19Lwli%-Arsaf d t Transfer Station or Processing Facilities. Subject to the provisions of thi:Section, all Residue from any processing of Controllable Waste by materials recovery, composting, U recycling or other means, performed at In-County Processing Facilities or Out-of-County Processing o Facilities shall constitute Controllable Waste and be subject to the Waste Disposal Covenant,The County c specifically acknowledges that the City shall have the right to deliver or cause the delivery of City v Acceptable Waste to Out-of-County Processing Facilities,and that the City is not obligated to require that Residue from such Out-of-County Processing Facilities be delivered to the Disposal System, after final Mn processing or re-processing of such Residue as long as such Residue from Out-of-County Processing Facilities does not exceed, in any Contract Year, the lesser of(i) •10%of the amount of City Acceptable Waste delivered to such Ourof•County Processing Facility in such Contract Year or(ii) 2%of the total N amount of Controllable Waste generated in the City during such Contract Year.To the extent that Residue front the processing of Controllable Waste exceeds the amount specified in the preceding sentence,the City = a, shall exercise all legal and contractual authority which it may possess fn>,n time to time to require that such E excess Residue be delivered to the Disposal System. and shall include a requirement to that effect in any v contracts,agreements or other arrangements for processing at Out-of-County Processing Facilities which Q it enters into or amends after the Contract Date.Mere City Acceptable Waste is processed at an In-County Q or Out-of-County Processing Facility which concurrently processes other Acceptable Waste in a manner which produces commingled residue which cannot be traced in a eeographic source,generic residues from such Processing Facility in Tonnage equal to the residues that would have been produced had City Acceptable Waste only been processed at the facility shall constitute Controllable Waste and be subject to the Waste Disposal Covenant(subject to the exclusion from Controllable Waste of the amounts of Residue from Ott-of-Coutm Processing Facilities specified in this Section 3,l(C).)Such generic residues shall be delivered to the Disposal System regularly, in approximately the same frequency as deliveries of City m Acceptable Waste to the Processing Facility. (In making any determination of Residue attributable to the E City. the City may rely on the reports or certifications of the owner or operator of the Transfer Station or Processing Facility.) Q )FOLLOWING SECTION TO RE USED IF WASTE CURRENTLY PROCESSED OUT-OF- COUNI'Y) O12 Packet Pg. 138 97-371 Q (C) CVs= Delivered to Transfer Station or Processing Facilities. Subject to the provisions of this Section. all Residue from any processing of Controllable Waste by materials recovery, composting, recycling or other means. performed at In-County Processing Facilities or Out-of•County Processing Facilities shall constitute Controllable Waste and be subject to the Waste Disposal Covenant, The County acknowledges that a portion of Controllable Waste,(i)the subject of a franchise,contract or other agreement which provides for the pro=sing of such portion of Controllable Waste at an Out-of-County Processing Facility a»d(ii)was,as of July 1, 1997,and is,as of the Contract Date being actually delivered to an Out-of County Processing Facility pursuant to such franchise, contract or other agreement. With respect to the o portion of Controllable Waste which is subject to the franchise,contract or other agreement described in this Section the City is not obligated to require that Residue from such 011t•Of-County Processing Facilities be x delivered to the Disposal System, after final processing or re-processing of such Residue as long as such w Residue from Out-of-County Processing Facilities does not exceed, in any Contract Year,the lesser of(i) 40`;'0 of the amount of City Acceptable Waste delivered to such Out-of-County Processing Facility in such > Contract Year or (ii) 7% of die total amount of Controllable Waste generated in the City during such o Commet Year. However, the City agrees that upon the expiration date of such franchise, contract or agreement (as such expiration date exists as of the Contract Date. without any renewal, amendment or modification thereof) the City will not be obligated to require that Residue from such Out-of-County Processing Facilities be delivered to the Disposal System.after final processing or re-processing of such c Residue as long as such Residue from Out-of-Countyy Processing Facilities does not exceed,in any Contract m Year. the lesser of (i) 40% of the amount of City Acceptable Waste delivered to such Out-of-County as Processing Facility in such Contract Year or(ii)2%of the total amount Of Controllable Waste generated in the City during such Contract Year To the extent that Residue from the processing of Controllable Waste exceeds the arnount specified in this Section.the City shall exercise all legal and contractual authority which U c it may possess from to time to time to require that such excess Residue be delivered to the Disposal System. o and shall include a requirement to that effect in any contracts, agreements or other arrangements for o O processing at Out-of-County Processing Facilities which it enters into or amends after the Contract Date. N Where City Acceptable Waste is processed at an In-County or Out-of-Counry Processing Facility which concurrently processes other Acceptable Waste in a manner which produces commingled residue which cannot he traced to a geographic source,generic residues From such Processing Facility in Tonnage equal to the residues that would have been produced had City Acceptable Waste only been processed at the facility shalt constitute Controllable Waste and be subject to the Waste Disposal Covenant(subject to the exclusion t° from Controllable Waste of the amounts of Residue from Out-of-Couitty Processing Facilities specified this Section 35.1(C).)Such generic residues shall be delivered to the Disposal System regularly, in approximately the same frequency as deliveries of City Acceptable Waste to the Processing Facility. (in making any d determination of Residue attributable to the City,the City may rely on the reports or certifications of the d owner or operator of the Transfer Station or Processing Facility.) ° Q Q (D) ii_KT qj Obligin Waste Msposal and Cc nafv with thjy„�gr en t.(}n or before January 1. 1998.(i)an} City franchise,contract,lease,or other agreement which is lawfully in effect relating to Or affecting Controllable Waste shall provide,or shall have been amended to provide,that the City shall have the right without material restriction on and after the January 1, 1998 to direct the delivery of all Controllable Waste to a disposal location selected by the City(whether or not such Controllable Waste is delivered to a transfer station as an intermediate step prior to landfill disposal)and otherwise to comply with its obligations under this Agreement with respect to Controllable Waste and Franchise Haulers,(ii)the City shall designate the Designated Disposat Site as the disposal location pursuant to such franchise,contract, s lease or other agreement and(iii) the City's franchise I lauter shall execute the Holder Acknowledgment amached hereto as Appendix 2.pursuant to which the Franchise Hauler acknowledges the City's execution 4 of this Agreement and agrees to comply with the Waste Disposal Covenant. Throughout the Term of this Agreement the City(a)shall not enter into any franchise,contract,lease,agreement or obligation, issue any permit,license or approval,or adopt any ordinance,resolution or law which is materially inconsistent with 13 Packet Pg. 139 97-3�1 © the requirements of the Waste Disposal Covenant, and (b) shall maintain non-exclusive or exclusive franchises or other contractuai arrangements (ot collection through City owned and operated collection services)over anv City Acceptable Waste which. as of the Contract Date. is subject to non-exclusive or exclusive franchise or other contractual arrangements.The City agrocs that the County shall be a third party beneficiary of the obligation of Franchise Haulers to deliver Contmlable Waste to the Disposal System,and may directly enforce such obligation through any legal or means available; provided,however, that such designation of the County as a third party beneficiary does not relieve the C ity of its obligations hereunder to enforce the waste delivery obligation of die Franchise Handers. The City shall notify in writing each p Franchise Hauler of the County's third party beneficiary rights. m (E) Waste Flow Enforcement. The Ciy,in cooperation with the County,shall establish, t j implement, carry out and enforce a waste flow enforcement program which is sufficient to assure the delivery of all Controllable Waste to the Disposal System pursuant to and in accordance with the Waste Disposal Covenant for disposal at the times and in the marmer provided herein. The waste flow enforcement program shall consist of amending City franchises with all Franchise Haulers, to the extent required by this 0 0 Section.and shall include in addition,to the extent necessary and appropriate in the circumstances to assure a compliance with the Waste Disposal Covenant. but shall not be limited to, (1) licensing or permitting m Franchise Haulers.upon the condition of compliance with the Waste Disposal Covenant,(2)providing for and taking appropriate enforcement action under any such franchise, license, or pennit, such as but not limited to the suspension,revocation and termination of collection rights and privileges,the imposition of a fines or collection of damages.and the exercise of injunctive relief against non-complying Franchise Haulers (If and (;) causing any Transfer Station to which Controllable Waste is delivered for processing to deliver certification, under the penalty of perjury, of the amounts of Controllable Waste received and Residue v remaining from processing at such Transfer Station. The City acknowledges and agrees that in the event of o a breach of the Waste Disposal Covenant by the City,the City shall pay the County an amount equal to 100% 0 © multiplied by the Contract Rate in effect at the time of such breach multiplied by the number of tons of N Control lable Waste which were not delivered to the Disposal System as a result of the failure of the City to comply with the Waste Disposal Covenant.The parties recognize that if the City•foils to meet its obligations T hereunder. the County will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of such damages. Therefore,the parties agree that the damages specified above represent a reasonable estimate of the amount of such damages, considering all of the N circumstances existing on the date hereto.including the relationship of the stuns to the range of harm to the County that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient.In signing this Agreement,each party specifically confirms the accuracy of the statements E made above and the fact that each party had ample opportunity to consult with legal counsel and obtain an d explanation of this liquidated damage provision at the time that this Agreement was matte. R (F) i.cys(rlialty rimes to Franchise Systetit. The City shall use its best efforts to � preserve,protect and defend(by diligent pursuit o(claims through the trial court level)its right to exercise and comply with the Waste Disposal Covenant against any challenge thereto, legal or otherwise(including any lawsuits against the City or the County,whether as plaintiff or defendant),by a Franchise Hauler or any r other person,based upon breach of contract violation of law or any other legal theory. The City shall bear the cost and expense of any such Legal proceeding or other challenge. in the event any such Legal Proceeding relating to the Waste Disposal Covenant or the City's exercise thereof establishes in a final m determination that such covenant or exercise thereof is void,unlawful or unenforceable,or if any Franchise E Hauler fails to deliver Controllable Waste to the Disposal System in breach of its franchise with the City on °m the grounds that a judicial determination made by any court or other Applicable Law has rendered its a obligation to deliver Controllable Waste to the Disposal System void,unlawful or unenforceable on any legal grounds,with the result that actual waste deliveries of the City's Controllable Waste to the Disposal System in any Contract Year fait below 93% of the amount of the City's Controllable Waste delivered to the o la PacketPg. 140 97-371 oDisposal System during the preceding Contract Year, the County shall be entitled to terminate this Agreement upon 60 days prior written notice to[lie City. Such right of the County to terminate must be exercised within one year of the end of the Contract Year during which the delivery shortfalls described in this Section giving rise to the right to terminate occurred. Upon any termination by the County pursuant to the provisions of this Section,the obligations of the County pursuant to Section 7.3 hereof shall not apply to any loss-and-Expense of the City which may arise from deliveries of waste to the Disposal System after such date of termination. c 0 (G) Franchise Haulers. The City shall ctrmpile and provide the County with the following information concerning all Franchise Haulers: name,address and phone number; identification v cumber; area of collection and transportation:and franchise and permit terms. U w T (H) tut Formativn_SYjtgm. The City shall cooperate with the County in collecting information and otherwise monitoring Franchise Haulers in order to assure compliance with this Agreement. Such information may include,to the extent practicable, data pertaining to Controllable Waste collected, transported, stored, processed and disposed of Diverted City Acceptable Waste collected, transported, a stored, processed and marketed or disposed o£; Franchise Haulers' franchise, permit or license terms, collection areas,transportation routes and compliance with Applicable Law;and all other information which o may reasonably be required by the County in connection with this Agreement. a LL (1) City Actions Affecting Coun1y. The City agrees not to conduct any disposal services tl for Controllable Waste to be provided in competition with the Disposal Services provided by the County >1_ hereunder,and not to take or omit to take any action with respect to Controllable Waste or its collection, U transportation,transfer,storage.,trmunent or disposal that may materially and adversely affect the County's o ability to achieve such timely compliance. The County acknowledges that development by the City (or o cooperation by the City in connection with the private development of) any materials recovery facility or u transfer station located within or without the City shall not violate the provisions of this section as long as the ultimate disposal site for any Controllable Waste(or Residue therefrom) which is delivered to such N materials recovery facility or transfer station is the Disposal System.Notwilhstandingthe foregoing.the City M shall not be required to(i)approve or deity any permit or license or grant or refuse to grant any approval while exercising its police powers or(ii)waive,modify or otherwise limit in any manner the City's land use N authority. c (J) No Right of Waste Substitution. Nothing in this Agreement shall authorize or entitle E the City to deliver or cause the delivery to the Disposal System of Acceptable Waste originating from or m generated outside the jurisdiction of the City, nor obligate the County to receive or dispose of any such Q Acceptable Waste. The City shall not assign in whole or in part its right to deliver or cause to be delivered a Controllable Waste to the County hereunder.and shalt not permit any Acceptable Waste originating from o or genernted outside tine jurisdiction of[]rte City to be substituted for Controllable Waste for any purpose hereunder. N r (K) Annexations mid Restntcturina. it is the intention of the parties that this Agreement and the obligations and rights of the City hereunder,including particularly the Waste Disposal Covenant and the Contract Rate, shall,to tic extent permitted by Applicable Law (and subject to any rights of waste haulers operating in such areas prior to such annexation),"end to any territory annexed by the City (or any Ee territory with respect to which(he City assumes solid waste management responsibility from a sanitary district or other public entity)and shall bind any successor or restructured Governmental Body which shall assume or succeed to the rights of the City under Applicable Law. Q O h Packet Pg. 141 97-371 QSECTION 3.2. PROVISION OF DISPOSAL SERViCES BY THE COUNTY.(A)Service Cp =t r t, Commencing January 1, 1998,the County shall provide or cause the provision of the service of (1)receiving and disposing of all Controllable Waste at the Designated Disposal Facility,(2)disposing in accordance with subsection 3.2(C)hereof of Controllable Waste which, at any time and for any reason, is in excess of the disposal capacity of the Designated Disposal Facility,and(3)in accordance with subsection 3.3(C)hereof,disposing of Unacceptable Waste inadvertently accepted at.the Designated Disposal Facility. The County shall do and perform all acts and things which may be necessary or desirable in connection with its covenants in this subsection, including without limitation all planning, development, administration, o implementation,construction,operation, maintenance,management, financing and contract work related thereto or undertaken in connection therewith. The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the Service Covenant consistent with its responsibilities hereunder and w under this Agreement, Applicable Law and prudent solid waste management practice and environmental considerations, so as to enable the County to provide the services hereunder at the Contract Rate. > Z (B) Temporary Unavailability of Desigrialed Disposal Fgcilily;;Provision of Transfer Cipacity. The County shall immediately advise the City and Franchise Hauler by telephone and facsimile of any situation,event or circumstance which results in the partial or complete inability of the County m 3 receive Controllable Waste at the Designated Disposal Facility. its effect on the County's ability to perform its obligations hereunder,and tltc County's best estimate of the probable duration. "the County shall confirm m such advice in writing within 24 hours of the occurrence of any such inability, The County shall use its best a efforts to resume normal operation of the Designated Disposal Facility as soon as possible in accordance m with subsection 3.2(C) hereof. In the event that. any time during the term hereof,the County is unable to accept City Acceptable Waste for disposal at any particular Designated Disposal Facility for a period in v excess of 14 consecutive days,it shall nonetheless provide sufficient transfer capacity at such Designated o Disposal Facility, and shall accept far transfer and disposal City Acceptable Waste at such Designated o Disposal Facility for the Contract Rate. In the event that the County cannot provide such transfer capacity, N it shall be obligated to accept such City Acceptable Waste at another facility within the Disposal System and U to reimburse the City for any increased transportation cost(including without limitation, equipment rental w costs,overtime and increased fuel costs resulting front the unavailability of the Designated Disposal Facility) incurred by the City or the Franchise Haulers in transporting City Acceptable Waste to another disposal v facility within the Disposal System.In the event that the County cannot provide disposal capacity at another N facility within the Disposal System. it shall be obligated to reimburse the City for (i) any increased transportation cost(including without limitation,equipment rental costs,overtime and increased fuel costs r resulting from the unavailability of the Designated Disposal Facility) incurred by the City or the Franchise E Haulers in transporting City Acceptable Waste to any other disposal facility used by the City or Franchise v Hauler and(ii)the amount, if any,by which the tipping fee at the alternative facility utilized by the City or M Franchise Hauler(because of the unavailability of any facility within the Disposal System)exceeds the then a Q current Contract Rate.The invoicc shall include reasonable substantiation of the amount invoicoxl. o to (C) Termination by CQunIy in Certain Circumstances, in the event that the Designated Disposal Facility becomes unavailable pursuant to Section 3.2(B)for a period exceeding td days,the County shall r have the right to terminate this Agreement pursuant to this Section.The County may exercise such right by r m providing 10 days prior written notice thereof a7 the City. In the event that the County exercises such right, the County shall be obligated to pay the City an amount equal to (i)any aggregate increased transportation m cost(including without limitation,equipment rental costs,overtime and increased fuel costs resulting from E the unavailability of the Designated Disposal Facility)reasonably expected to be incurred by the City or the Franchise Haulers in transporting City Acceptable Waste to any other disposal facility used by the City or a Franchise Hauler fora period of one year following the date of termination and(ii)the aggregate amount, if any,by which the tipping fee at the alternative facility utilized by the City or Franchise Hauler(because of the unavailability of any facility within the Disposal System)is reasonably expected to exceed the then © 16 Packet Pg. 142 97-371 current Contract Rate for a period of one year following the date of termination. Such amounts shall be payable by the County within 60 dny s of the date of termination. (D) Change in Designated Disposal Facility by Mutual Consent. fhe Designated Disposal Facility has been initially designated In Appendix 1 hereto. The Designated Disposal Facility may be changed, and other Designated Disposal Facilities added, at any time with the mutual consent of the parties. c 0 (F) an e in Designated Disposal Facilitv at City Reu east. In the event the City wishes to change the Designated Disposal Facility to another Disposal System Component,the City shalt provide written notice and the reasons therefor to the County, and shall indicate whether the requested w change is permanent or temporary. The County shall consider any such request in good faith and provide i!, s response to the City within la days, taking into account the reasons for the request, the County's obligations to other cities which have executed Disposal Agreements,the requirements of Applicable Law, and the implications of any such change for the Disposal System as a whole. The County shall honor any such request to the extent commercially practicable based on such considerations and the overall interests a of the Disposal System. � v (F) Annual Notification of Remaining Disposal Capacity. At the end of each Contract Year, the City shalt advise the County in writing as to the expected delivery levels of Controllable Waste a during the next Contract Year,and the County shall submit to the City a statement speciNing(1)the amount m of disposat capacity at the Designated Disposal Facility expected to be available for use by the City during w Elie next Contract Year;(2)the aggregate amount or Disposal System capacity expected to be available for v use by the cities which have executed Disposal Agreements during the remaining"fern of this Agreement; o and (3) any plans the County may have with respect to redesignating the Designated Disposal Facility, C 0 increasing or decreasing the number of cities using the Designated Disposal Facility. or curtailing or expanding the use of the Designated Disposal Facility.The annual notification to be provided by the County U pursuant to this Section stall also describe the status of any permits required with respect to the Designated w Disposal Facility,including a description of(i)any permit revisions expected to be proposed by the County; and (ii) any abatement orders or other permit compliance or enforcement actions taken or proposed by Governmental Bodies. N SECTION 33. COLKI'Y RIG14T TO REFUSE WASTE, (A) Ripht of Refusal. Norvithstanding any other provision hereof,the County may refuse delivery of E d d L (1) Unacceptable Waste;and Q (2) Controllable Waste delivered at hours other than those provided in the facility G operating permit. (B)Identification of l mace V the County shall have the right(but not the duty r° Identification the obligation)to inspect the vehicles of all Franchise Haulers delivering material to the Disposal System, and may require that the Franchise Hauler remove any Unacceptable Waste from such vehicle before it is unloaded. If the County determines that it is impractical to separate Controllable Waste from Unacceptable Waste in any vehicle,or if the Franchise Hauler delivering such waste is unwilling to make such separation, d or if any vehicle is carrying waste which may spill or leak,then the County may reject the entire vehicle,and s the County shall require that the Franchise Hauler shal l forthwith remove or cause the removal of the entire @ delivery from the Disposal System. Q (C) Hazardous Waste and Hazardous Substances. The parties acknowledge that the Disposal System has not been designed or permitted,and is not intended to be used in any manner or to any O 17 Packet Pg. 143 91-37) Oextent, for the handling. transportation, storage or disposal of Hazardous Waste or Hazardous Substances. Neither the County nor the City shall countenance or knowingly permit the delivery of Hazardous Waste or Hazardous Substances to the Disposal System. (D) pj;pgsal of Unacce to le Wand Hazardous Waste. If Unacceptable Waste or Hazardous Waste is discovered in a vehicle at any landfill within the Disposal System, the driver of the vehicle will not be permitted to discharge die load. If a vehicle is observed unloading Unacceptable Waste or Hazardous Waste in the tipping area of a landfill within the Disposal System County personnel will use o reasonable efforts to assure that such material has been characterized,properly secured and its disposition c resolved. 'Ile return or reloading on to the delivery vehicle of any Hazardous Waste, Prohibited Medical N Waste or other waste requiring handling or transportation shall be conducted in accordance with Applicable t j Law. Whenever Hazardous Waste is detected at any landfill within the Disposal System,the County shall T take immediate action in accordance with Applicable Law. In addition, if the County inadvertently accepts Unacceptable Waste, it shall have the right to pursue any remedies which it may against the person o delivering such Unacceptable Waste to recoup the cost of handling and properly disposing of such m Unacceptable Waste. m (E) Environmental insurance Prior to the Contract Date, the County will obtain o insurance for potential CERC LA or other envirommcmtal liability of the Disposal System,in an amount equal r to$10,000,000 with deductibles of(i) $1,000,000 for events giving rise to coverage which events occurred LL prior to October 1, 1995 and(ii)$250,000 for events giving rise to coverage which events occurred on or W after October 1, 1995. The County shall maintain comparable insurance throughout the term hereof so long as commercially available on reasonable terms as determ imx[in the reasonable discretion of the County risk U c manager. The County shall notify the City is the event that the County does not maintain the insurance o described in this Section, o N sECTiON 3.4. -\I)SC ELI AN OP RATIDNA ._ JTL-K.(A)Permit Revisions or Stimulated QjAg�,.The County shall provide the City with any application of the County to revise the N Legal Entitlements for the Designated Disposal Facility(or any draft or final stipulated notice and order relating to the Designated Disposal Facility which may be under consideration by the local enforcement agency with jurisdiction over the Designated Disposal Facility).Such applications shall be provided to the N City concurrently with its submittal to the appropriate regulatory agency. c d (B)Scales alidt N gjghi!!>:.The County shall operate and maintain permanent scales at the E Disposal System in compliance with Applicable Law. The County shall weigh all vehicles delivering m Controllable Waste by or on behalf of the City(whether or not the County accepts such waste)and prepare Q a daily weight record with regard to such delivery.(in the event that scales are temporarily unavailable,the 4 County shall reasonably estimate the weight of Controllable Waste delivered by volume.) 3 SECTION 3.5. T _USERS OF THE DISPOSAL SYSTEM. (A) Generally The °- t County shall have the right to enter into waste disposal agreements with other cities is the County,Sanitary Districts, Transfer Stations or Independent Haulers; provided, however, that in no event shalt such agreements have terns and provisions more favorable than the terms and provisions of this Agreement (including but not limited to the Contract Rate and availability of disposal capacity)unless the County has first offered the City such more favorable contract(or amendments to this Agreement). E U (B) Receipt of ImWrted Acceptable Waste on it Contract Basis.The County shali have G the right to enter into a contract or other agreement with any municipal or private non-County entity for the delivery of Imported Acceptable Waste on terms and conditions that the County determines to be necessary to ensure and enhance the viability of the Disposal System for the benefit of the County and the cities which © iB Packet Pg. 144 97-371 have executed Disposal Agreements. The County shall not enter into any such arrangements if such arrangements would materially and adversely affect the ability of the County to receive and dispose of Acceptable Waste from the cities which have executed Disposal Agreements in accordance with the Disposal Agreements throughout the Term thereof. Any such agreements shall provide that, in the event there is insufficient capacity at the Designated Disposal Facility for both Controllable Waste and Imported Acceptable Waste,Controllable Waste shall have priority with respect to existing capacity. SECTION 3.6. COUNTY PROVISION OF WASTE DIVERSION SFRV[CES. o (A )County-Wide Recycling Service s. 'This Agreement does not require the County to provide for ally source 0) reduction. materials recovery, recycling,composting,or other waste diversion services by the County nor d any payment therefor by the City,by Franchise Haulers or by ratepayers; provided, however,any County- w Wide Recycling Services, or recycling services provided at any Designated Disposal Facility (such as it providing drop boxes for wood waste,green waste or other recyclable materials delivered to such Designated > Disposal Facility), may be funded through the County Waste Management Enterprise Fund. Any such o recycling services may he expanded,contracted or modified by the County at any time in its sole discretion. a, N O (g) !j"Flic rity Caunty Diversion Service Agreements. Nothing in this Agreement � is intended to limit the right of the County to enter into a separate agreement with the City or any other v person to provide source reduction, materials recovery, recycling, composting or other waste diversion m services. Any such program conducted by the County,whether in participation with the City,any other of aa. the cities which have executed Disposal Agreements. other cities, Sanitary Districts. Transfer Stations, Independent Haulers,Unincorporated Area or non-County entity-shall be operated,managed and accounted for as a program separate and distinct from the Disposal Services program contemplated by the Disposal U r Agreements and shall not be funded through the general revenues of the Disposal System. O r O O (C) Diversion Programs in Unincorporated Sys. To the extent the County implements N diversion or other related programs in the unincorporated Area of the County,the cost of such diversion programs shall he paid by the residences and businesses receiving the benefit of such diversion programs, and shall not he payable from the revenues of the Disposal System. M O N C N E d d m Q Q 0 O r N_ Cs O G d E s V f0 Q O 19 PacketPg. 145 7.M.e 97-371. © ARTICLEfV CONTRACT RATE SEC'TION4.f• CJIAFGIN rANDSECURING PAYMENT OF CONTRACT RATE. The City acknowledges that the County shall have the right to charge and collect a Contract Rate for the acceptance and disposal of Controllable Waste delivered to the System by any Franchise Hauler. The Contract Rate shall be calculated and established,and may be modified,as provided in Section 4.2 hereof. In addition,the City acknowledges that the County shall have the right to establish as part of the operating o rules and regulations reasonable measures to secure the payment of all Contract Rates.Notwithstanding 0 Section 4,2(A),the County shall have the right to irnpose special charges for the receipt of hard ks handle m materials,such as bulky materials.construction and demolition debris,tires and sludge.Such special charges w shtdl be calculated to reflect the reasonable incremental costs to the County of accepting such hard to handle d materials. > SECTION 4.2. CQV]RACT RATE. (A) Generally. Effective January 1, 1998, the d Contract Rate payable by each Franchise Ifauler shall be 52850 per ton, subject to potential adjustment N necessary to reflect the circumstances set forth below: e (i) increased costs incurred by Vic County (in excess of available insurance proceeds) due to the occurrence of one or more Uncontrollable Circumstances, including Changes in Law;and a U. (ii) escalation during the Term of this Agreement calculated in accordance with Section U O Prior to adjusting the Contract Rate as a result of any of the circumstances described in o Section 4 2(A)(i),the County shall utilize the following remedy: reduce the costs of operating the Disposal N System to the extent practicable. N Any adjustments to the Contract Rate permitted by this Section 4.2(A)(i)shall be calculated by the County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant to which the adjustment is authorized,and shall also reflect,where applicable, the then remaining N capacity in the Disposal System.Such adjustment may not reflect circumstances other than the circumstances described in Section 41(A)(i). d (II) Calculation of Escalation. For purposes of Section 4.2(A)(ii), the Contract Rate shall be d adjusted in accordance with the formula described in this Section each July 1 during the term hereof, a commencing July L 1999.The adjustment shall be calculated in accordance with the following formula: Q a Contract Rate- Fixed Portion + [Escalating Portion x Index] Where. rn Fixed Portion = $10.8' c m Escalating Portion - 517.63 E v Index Price index, which shall be determined in accordance with the following formula a I a .7[PYl,/l'I'1;]+•.3[EI,/EI,] O 20 Packet Pg. 146 97°371 © PPI, ffi The Producer Price (ndcx,Industrial Commodities,as published by the United States Department of Labor Statistics in the publication Producer Price lrr&xs.Table 6,for the month of February in the year the adjustment is being made(e.g.,the first adjustment will use the February. 1999 value) PPL Producer Price Index, Industrial Commodities for the month of e 0 February, 1998 d EIS Employment Cost Index,Compensation,Private Industry W'orkers. to as published by the United States Department of Labor Statistics Z in the publication h m h r a )r�,Rrvirw, Table 22 for the last quarter of the year preceding the year the adjustment is being made (e.g.,the First adjustment will use the last quarter, 1998 value) m N El, m Employment Cost Index,Compensation,Private Industry Workers m established for the last quarter of 1997 '0 c m If the Employment Cost Index or Producer Price Index are no longer published,or are otherwise a unavailable, then the Cost of Living Adjustment shall be detemrined by using standard official statistics tY measuring changes to,respectively,labor costs and cost of materials, as the parties shall mutually agree. w U (L') Procedure for Rate 4d4llstments. in dte averts die County determines that it is c 0 entitled to art adjustment of the Contract Rate pursuant to Section 4.2(A)(i), it shall utilize the procedures e 0 O described in this Section 4.2(C), The County shall be required to provide the City with at least 60 days prior 0 written notice of the adjustment. which notice shall identify the specific event(s)or circumstances which require the adjustment. The notice shalt also specify- Ale earliest date on which the County Board of 0 Supervisors shall consider the proposed adjustment. At least 45 days prior to such meeting of the Board of a Supervisors,the County shall provide the City with a report which shall contain the following information: n a description CONIC specific event(s)or circumstances which require the adjustment;a description(including N cost estimates) of any activities (which may include, but not be limited to capital improvements to the Disposal Systcm)required in order to remedy such event or circumstance;certification by the County that it has implemented the remedy described in Section 4.2 prior to requiring the rate adjustment; and it E description of the methodology used by the County to calculate the adjustment to the Contract Rate (hereinafter the"County Report"). In the event the City disputes the adjustment,it shall provide the County Q with a written description of the reason for the dispute at least 10 days prior to the meeting of the Board of a Supervisors identified in the initial notice of the County(hereinafter the "City Report"). The City Report 0 shall be provided to the Board of Supervisors for consideration at such meeting in connection with the proposed rate adjustment. At any time from and after the date that the County provides the City with tile County Report, upon the request of either parry, the City and County shall meet and confer in good faith to N resolve any dispute that may arise regarding the proposed adjustment to the Contract Rate. In the event the m Board of Supervisors approves all or a portion of the proposed rate adjustment,such rate adjustment shall become effective on the date identified in the initial notice sent by the County, but subject to potential reimbursement pursuant to Section 4.2(D), E U r (p) in the event that the City challenges a Rate Adjustment Q made pursuant to Section 4.2(A)and a court of applicable jurisdiction determines that any portion of the County's adjusted Contract Rate was improperly imposed,the County shall,within 30 days of the date of the statement of decision, reimburse to the City the amount improperly imposed,together with interest © 21 Packet Pg. 147 97-371 calculated at the Overdue Rate. Such reimbursement may be made in the form of a reduction in the Contract Rate for a future period reasonably calculated to provide full reimbursement of the amounts described above. SECTION d.3. RESPONCIBI ITY FOR PAYMFNTOF THE CONn6CT.(A)Rmicnt by Cin. In the event and to the extent(1)the City uses municipal collection forces directly for the haulage of Controllable Waste to the Disposal System or(2) the City uses non-municipal Franchise Haulers for collection but nonetheless elects to pay the Contract Rate from City revenues, the City shall have direct responsibility for payment of the Contract Rate,and shall take all such budgetary, appropriation and tither c action as may be necessary to provide for the timely payment of the Contract Rate. Such action may include, depending upon the means authorized by the City to provide for such payment,the levy and collection of P; general or special taxes, the imposition of benefit assessments, or the collection of user fees, generator w charges or other similar impositions for municipal solid waste disposal. Tihe City shall use best efforts in 2!� accordance with Applicable Law to levy and impose all such taxes, assessments,fees or charges,and will > y take all steps, actions and proceedings for the enforcement, collection and payment of all such amounts which shall become delinquent,to the full extent permitted by Applicable Law. To the extent provided in � Section 7.5 hereof, the obligation of the City for such Contract Rata or Transfer Rates shalt be limited to N amounts in the City's Solid Waste Enterprise Fund. From the Commencement Date to the date of expiration or termination of this Agreement,the obligation of the City to pay the Contract Rate or-Transfer Rate.to the extent the City rather than Franchise Haulers is responsible directly for payment and provided that the m Service Covenant has been complied with,shall be absolute and unconditional and shall not be subject to a delay or diminution by reason of seT-Off:abatement,counterclaim,existence of a dispute or otherwise.TI:e to obligation of the City hereunder shall be limited in all circumstances to amounts available in any enterprise fund created by the City for solid waste management purposes, and there shall be no recourse hereunder v against the City's general find or other funds-not related to solid waste management purposes for amounts o owed by the City hereunder. p N l i (B) Payment by Franchise Haulers. With respect to Controllable Waste delivered by Franchise Haulers either than Cit municipal collection forces,the obligation to pay the Contract Rate shall y rest with such Franchise Haulers and not with the City and,unless the Cita has agreed with the County to be responsible for Franchise Hauler payments,the City shall not be Financially responsible fur any delay or v failure by such Franchise Hauler to pay the Contract Rate or any portion thereof when due. In the event of N any such failure,the County anti the City shall cooperate with each other and use their best efforts to obtain timely payment. Such efforts by the County may include, as appropriate, requiring cash payments for disposal rights from such Franchise Hauler and bringing a legal proceeding for payment and damages. Such E efforts by the City shall include, as appropriate, legal proceedings to suspend. revoke or terminate the m Franchise Hauler's franchise,permit or license rights. a (C) Disputes- If the City or the Franchise Hauler disputes any amount billed by the o County in any Billing Statement,the City or the Franchise Hauler shall nonetheless pay undisputed amounts 'S identified on such Billing Statement and shall provide the County with written objection within 30 days of r° the receipt of such Billing Statement indicating the amount that is being disputed and providing all reasons then known to the City or the Franchise Hauler for any objection to or disagreement with such amount.The County shall then respond to such written objection(providing additional documentation substantiating the amount disputed if applicable).within 30 days of receipt of the written objection.If the City or the Franchise d Hauler and the County are not able to resolve such dispute within 30 days after the Country's response,either £ party may pursue appropriate legal remedies. In addition, in the event of nonpayment by the City or Franchise Hauler,as applicable.the County shall have the right to discontinue any credit arrangements it - may have had with the City or Franchise Hauler,and require cash payment for sub"tient deliveries. G Packet Pg. 148 97-371 © SECTION 4.4. BILLINO OF T}IE CONTRACTRATE.The County shall continue to bill Contract Rate after January 1. 1998, in the same manner as it has customarily billed tipping fees.Subject to the other provisions of this Agreement,the County shall have the right to modify or amend such manner of billing on reasonable notice to affected parties. SECTION 4.5. SOLID WASTE DISPOSAL FEE OPTION. Notwithstanding the other provisions of this Article TV,City shall have the option to adopt the following procedure: o .y City agrees that it or its Franchise Hauler will pay the then current Solid Waste Disposal Fee(which Fee is, w at this time,set forth in Section 16.0222 of the County Code),as same may be amended from time to time, w relative to the City's Controllable Waste delivered to the Disposal System. In turn,the City will receive a monthly paymcnt from the County equal to the product of the City's Controllable Waste delivered to the Disposal System for the month in question multiplied by the difference between the then current Solid 'd Waste Disposal Fee and the then current Contract Rate (as the Contract Rate is determined under the ° provisions of this Agreement). City acknowledges that the County shall have the right to establish as part w of the operating rules and regulations reasonable measures to secure the payment of all Solid Waste Disposal m Fees. Further,all references to"Contract Rate"in Sections 4.3 and 4.4 shall be deemed to refer to the Solid Waste Disposal Fee. a City shall elect the option set forth in this Section 4.5 by notifying the County of such election as provided LL in Section 7.16. The election shall be effective on the first day of the second month following receipt of the notice by County. U c 0 c O o .N N 7 U V ° M O N C d E v P M ° m N_ M O r 0 E M U R Q O t? PacketPg. 149 97-37). ARTICLE I BREACH,ENFORCEMENT AND TERMINATION SF,CTiON 5.1. BRFACK gEMEOM.'rhe parties acknowledge that the money damages provided hereunder may not be adequate to compensate either party for the other party's nonperformance. The parties agree that in the event either patty breaches any obligation under this Agreement or any representation made by either party hereunder is untrue in any material respect,the other party shall have the right to take any action at law or in equity(including actions for injunctive relief,mandamus and specific c performance)it may have to enforce the payment of any amounts due or the performance of any obligations a to be performed hereunder. Neither party shall have the right to terminate this Agreement except as provided v in Section 3.1(F). Section 3.2(C), Section 5.2 and Section 5.3 hereof or as otherwise provided in this t j Agreement. m SECTION 5.2. CITY CONVFNJE C TERMINATION.The City shall have the right to 0 terminate this Agreement in its sole discretion,for its convenience and without cause at any time during the Term hereof upon 90 days' written notice to the County, If the City exercises its rights to terminate the Agreement pursuant to this Section,the City shall pay the County a termination fee equal to(x) S14,25 multiplied by (y) the amount of Controllable Waste delivered to the Disposal System during the prior v Contract Year multiplied by(z)remaining tern of the Waste Disposal Agreement,stated in years(assuming m such termination for convenience did not occur),Upon any termination by the City pursuant to the provisions a LL of this Section, the obligations of the County pursuant to Section 7.3 hereof shalt not survive such termination, notwithstanding Section 6.I(B). U C SECTION 5.3. TERMINATION. (A)By City. Except as expressly provided herein,the o City shall have no right to terminate this Agreement for cause except in the event of the repeated failure of o refusal by the County substantially to perform any material obligation under this Agreement unless such w failure or refusal is excused by an Uncontrollable Circumstance;except that no such failure or refusal shall U give the City the right to terminate this Agreement for cause under this subsection unless: 0 t i) The Cit) has given prior written notice to the County stating that a specified failure � or refusal to perform exists which will, unless corrected, constitute a material breach of this N Agrevhmhu on the part of the County and which will, in its opinion, give the City the right to terminate this Agreement for cause under this subsection unless such breach is corrected within a m reasonable period of time,and E m v (2) The County has neither challenged in an appropriate forum (in accordance with a Section 5.6)the City's conclusion that such failure or rerusul to perform has occurred or constitutes a a material breach of this:>ereement nor corrected or diligently taken steps to correct such breach within a reasonable period of time not more than 90 days from the date of the notice given pursuant to clause(1)of this Subsection (but if the County shall have diligently taken steps to correct such r breach within such reasonable period of time,the same shall not constitute a breach giving rise to the right of termination for as Icing as the County,is continuing to take such steps to correct such breach). C Q! (B) By C oun . Except as expressly provided herein,the County shall have no right to E terminate this Agreement for cause except in the event of the repeated failure or refusal by the City substantially to perform any material obligation under this Agreement unless such failure or refusal is a excused by an Uncontrollable Circumstance,except that no such failure or refusal shall give the County the right to terminate this Agreement for cause under this subsection unless: © 24 Packet Pg. 150 97-371 o (1) The County has given prior written notice to the City stating that a specified failure or refusal to perform exists which will. unless corrected, constitute a material breach of this Agreement on the pmt of the City and which will,in its opinion,give the County right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time,and (2) The City has neither challenged in an appropriate forum(in accordance with Section 5.6 the County's conclusion that such failure or refusal to perform has occurred or constitutes a g material breach of this Agreement nor corrected or diligently taken steps to correct such breach c within a reasonable period of time not more then 90 days from the date of the notice given pursuant x to clause(1)of this subsection(but if the City shall have diligently taken steps to correct such breach w within such reasonable period of time,the same shall not constitute a breach giving rise to the right of termination for as long as the City is continuing to take such steps to correct such breach). > SECTION 5.4. NO WAIVERS. No notion of the County• or the City pursuant to this d Agreement(including,but not limited to,any investigation or payment),and no failure to act,shall constitute a waiver by either party of the other party's compliance with any term or provision of this Agreement. No course of deal in; or delay by the County or the City in exorcising any right, power or remedy under this Agreement shall operate as a waiver thereoforotherw•ise prejudice such party's rights,powers and remedies. @ No single or partial exercise of(or failure to exerc ise)any right. power or remedy of the County or the City CL under this Agreement shall preclude any ether or further exercise thereof of the exercise of any other right, M power or remedy. U c SECTION 5.5 DA,MAGHS.(A)Qily. In the event that the City terminates the Agreement O © pursuant to Section 5.3(.A),the County shall be obligated to pay to the City as damages the amount by which o the City's reasonably expected cost of transporting and disposing of City Acceptable Waste(for a period N commencing on the date of termination and ending one year after such date of termination)exceeds the aggmgateContract Rate that would have ken payable with respect to such City Acceptable Waste had the w County met its obligations hereunder and the Agreement had not been terminated. M 7 (13)CoaraX.In the event that the County terminates the Agreement pursuant to Section 5.3(B),the ° City shall pay the County cis damages an amount equal to the Contract Rate in effect at the time of such termination multiplied by the number of tons of City Acceptable Waste delivered to the Disposal System during the preceding twelve months. E m d SECTION 5.6. FORUM FOR DISPI JTF.P E j TI0N. It is the express intention of the Q parties that all legal actions and proceedings related to this Agreement or to the Disposal System or to any 4 rights or any relationship between the parties arising therefrom shall be solely and exclusively initiated and ❑ maintained in courts of the State of California having appropriate jurisdiction. N r n T C d E s 0 m © zs PacketPg. 151 97-371 © ARTICLE U TERDI SECTION 6.1. EFFECTIVE. DATE AND TERM. (A) I=. This Agreement shall become effective,shall be in fl ill force and effect and shall be legally binding upon the City and the County from the Contract Date and shall continue in full force and effect until the fifteenth anniversary of the Contract Date, unless earlier terminated in accordance with its terms. c 0 (B) Survival; Accrued Rights. The rights and obligations of the parties hereto pursuant to Sections 3.1(E), 5.1, 5.3, 5.5. 7.2.7.3, 7.5, 7.7, 7.8, 7.9,and 7.tO hereof shall survive the termination or p expiration of this Agreement, and no such termination or expiration shall limit or otherwise affect the x w respective rights and obligations of the parties hereto accrued prior to the date of such termination or expiration provided.however, that Section 7.3 shall not survive if the termination of the Waste Disposal Agreement is due to the occurrence of an Event of Default on the par of the City. At the end of the Term d of this Agreement.all other obligations of the parties shall terminate. m N r c m a tY U c 0 c 0 N N 7 U N_ t7 M O N C d E d d [P Q a 0 3 N T C d E U 0 0 a O26 52 97-37;. OARTICLE iTI GENERAL PROVISION'S SECTION 7.1. OPERATION AND MAINTENANCE OF1 HE DISPOSAL SYSTEM. The County,at its cost and expense through the County Solid Waste Enterprise Fund,shall at all times operate, or cause to be operated,the Disposal System in accordance with Applicable Law and the operating rules and regulations of the County. 0 SECTION 72. tIM1tCONTROt t ARt F CIRCUMSTANCES GENERALLY. � (A)PeEformance Excused. Except as otherwise specifically provided in this Agreement,neither the County m nor the City shall be liable to the other for any failure or delay in the performance of any obligation under w this Agreement(other than any payment at the time due and owing)to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance. > 2 (B) Notice Mitigation. The party experiencing an Uncontrollable Circumstance shall 0 notify the other party by telecommunication or telephone and in writing,on or promptly after the date the N patty experiencing such Uncontrollable Circumstance first knew of the commencement thereof, followed m within 15 days by a written description of(1)die Uncontrollable Circumstance and the cause thereof(to the extent known), (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such party's obligations hereunder will be a- u- delayed,(3)the estimated amount. if any,by which the Contract Rate may need to be adjusted as a result of m such Uncontrollable Circumstance.(4)its estimated impact on the other obligations of such party under this Agreement and(5)potential mitigating actions which might be taken by the County or City and any areas U where costs might be reduced and the approximate amount of such cost reductions, Each party shall provide o prompt written notice of the cessation of such Uncontrollable Circumstance. Whenever such act,event or o O condition shall occur,the party claiming to be adversely affected thereby shall, as promptly as reasonably n possible,use its best efforts to eliminate the cause therefor,reduce costs and restnne performance under this Agreement. In addition, with respect to Changes in Law. the County shall diligently contest arty such N changes the imposition of which would have a material adverse impact on the Disposal System. W'hiie the delay continues, the County or City shall give notice to the outer party. before the first day of each e succeeding month,updating,the information preciously submitted. N (C) Impact on Contract Rate. if and to the extent that Uncontrollable Circumstances interfere with,delay or increase the cost to the County of meeting its obligations hereunder and providing E Disposal Services to the cities which have executed Disposal Agreements in accordance herewith,the County d shall be entitled to an increase in the Contract Rate as provided in Section 4.2 herein or an extension in the Q schedule for performance equal to the amount of the increased cost or the time lost as a result thereof. The 4 proceeds of any insurance available to meet any such increased cost shall be applied to such purpose prior to anv determination of cost increases payable under this subsection. Any cost reductions achieved through the mitigating measures undertaken by the County pursuant to subsection%.2(B)hereof upon the occurrence of an Uncontrollable Circumstance shall be reflected in a reduction of the amount by which the Contract Rate would have otherwise been increased or shall serve to reduce the Contract Rate to reflect such mitigation measures,as applicable. c m SECTION 7.3. D-4P EtRgFICATIO4.The Countyshall indemnify,dcfend with competent E counsel reasonably selected by the County, protect and hold harmless City, its officers, employees and assigns from and against all Loss-and-Expense, including natural resources damages, injuries, costs, response, assessment, remediation and removal costs. losses, demands, debts, liens, liabilities,causes of a action,suits, legal or administrative proceedings,interest, Fines,charges, penalties and expenses(including but not limited to attorneys and expert witness fees and costs incurred in connection with defending against 27 Packet Pg. 153 97-371 © any of the foregoing or in enforcing this indemnity)of any-kind whatsoever paid, incurred or suffered by or asserted against,City or its officers or employees arising from or attributable to any repair,cleanup or detoxification,or preparation and implementation of any removal,remedial,response,closure or other plan (regardless of whether undertaken due to governmental action) or replacement or restoration of natural resources arising from or related to Hazardous Substance or Htzardous Wastes or petroleum products at any place where County transfers,stores or disposes of municipal solid waste pursuant W this agreement,or the County's activities pursuant to this Agreement which result in a release or threatened release of Hazardous Substances or Hazardous Wastes or petroleum products into the environment.The foregoing indemnity is o intended to operate as an agreement pursuant to but not limited to Section 107(a) of the Comprehensive Environmental Response.Compensation and liability Act("CERCLA").42 U.S.C. Section 9607(e), and California Health and Safety Code Section 25364,to defend,protect,hold harmless and indemnify City from w liability. This indemnity shall not apply to willful,deliberate or grossly negligent delivery by the City of Hazardous Substances tx Hazardous Waste to the Disposal System.This indemnity shall also not apply with respect to (i) vehicle accidents or other waste delivery activities or (ii) to any Hazardous Substances, o Hazardous Waste,petroleum product or other I;nacceptable Waste not accepted for disposal in the Disposal v System.The City agrees that the County may provide counsel to jointly represent itself,the City and any and w all other parties who disposed of waste in the Disposal System.The City hereby agrees to waive, in writing, m tin} conflict,actual or apparent.created by theJ oint representation of such Pa rties pursuant to this indemnity. v The City also hereby agrees io cooperate fully and completely with the County and with counsel provided @ by the County in resolving any legal matter that arises pursuant to this indemnity.The City further agrees LL that the County has complete discretion in the conduct of any matter to which this indemnity applies,and may resolve or settle such matters to which this indemnity applies in its sole discretion without the permission nr approval of the City. The County agrees that it will not bring any action against the City U claiming or alluging that the City has any responsibility for matters,actions or liabilities within the scope o of the indemnity provided above. o .N SECTION 7.4. REI.ATIONCHIP OF THE PARTIES. Neither party to this Agreement shall � luive any responsibility whatsoever ith respect to services pros ided or contractual obligations or liabilities N w assumed by the other party hereto,whether accrued,absolute.contingent or otherwise, or whether due or to become due. The County is an independent contractor of the City and nothing in this Agreement shall be deemed to constitute either party a partner,agent or legal representative of the other party or to create any N fiduciary relationship between the parties. c m SECTION 7,5. LIMITED RECQjME. (A) To the City. Except in the event the City has E not established or maintained a City Solid Waste Enterprise Fund,no recourse shall be had to the general funds or general credit of the City for the payment of any amount due the County hereunder, or the a performance of any obligation incurred hereunder, including any Loss-and-Cxpcuse of any nature arising 4 from the performance or non-performance of the City's obligations hereunder. The sole recourse of the County for all such amounts shall be to the funds held in any such Solid Waste Enterprise Fund. All amounts held in any City Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby,and `r no such amounts shall constitute property of the County. The City shall make adequate provision in the N administration of any City Solid Waste Enterprise Fund for the payment of any amount or the performance m OF any obligation witich may be due hereunder. C (a (B) To the County. No recourse shall be had to the general funds or general credit of E the County for the payment of any amount due the City hereunder,or the performance of any obligation @ incurred hereunder, including any Loss-and-Expense of any nature arising from the performance or non. performance of the County's obligations hereunder. The sole recourse of the City for all such amounts shall a be to the funds held in the County Solid Waste Enterprise Fund in accordance with the terms of this Agreement. All amounts held in the County Solid Waste Enterprise Fund shall be held for the uses permitted O '$ Packet Pg. 154 97-37I © and required thereby, and no such amounts shall constitute property of the City. The County shall make adequate provision in the administration of the County Solid Waste Enterprise Fund for the payment of any amount or the performance of,in% obligation which may be due hereunder. SECTION 7.6. PRE-EXISTING RIGHTS AND LIABILITIES. Except as specifically set forth herein,nothing in this Agreement is intended to affect, release, waive or modify any rights,obligations or liabilities which any party hereto may have to or against the other party as of the Contract Date relating to the disposal of waste in the Disposal System or any other related matter. o N C SECTION 7,7. NO VESTED RIGHTS. The City shall not acquire any vested property, license or other rights in the Disposal System by reason of this Agreement. w L, SF.CTION 7.8. LIABILITY ITY FOR COLLECTION TRANSPORTATION AND > PROCESSING. Any liability incurred by the City as a result of collecting Acceptable Waste or processing o it for diversion from landfill, or as a result of causing, franchisine. permitting, licensing,authorizing or m arranging any of the foregoing,shall he its sole liability,except as expressly otherwise provided herein. SECTION 7.9. NO CONSE.OUENTIAI.OR PUNITIVE DAW1AQES. In no event shall c either party hereto be liable to the other or obligated is any manner to pay to the other any special,incidental, m consequential, punitive or similar damages based upon claims arising out of or in connection with the a performance or non-performance of its obligations or otherwise under this Agreement, or the material inaccuracy of any representation made in this Agreement.whether such claims are based upon contract tort, negligence, warranty or other legal theory. v c 0 SEC'rION 7.111.A1,IEVDNSENT,. Neither this Agreement nor any provision hereof may o be changed,modified,amended or waived except by written agreement duly authorized and executed by both N parties. c°i N SECTION 7.11.t QTjCE OF't.l"i1G.gjLQN( Each party shall deliver written notice to the other of any Legal Proceeding to which it is a party and which questions the validity or enforceability of this Agreement executed by the City or the County or an,, I,cgai Entitlement issued in connection herewith, N SECTION 7.12.FI?tMER ASSURANCES_. At any and all times the Citv and the County v so far as may be authorized by law shall pass, make, do, execute,acknowledge and deliver any and every E such further resolutions,acts,deeds,conveyances,instruments,assigrunertts,transfers and assurances as may 0 be necessary or reasonably requested by the other in order to give full effect to this Agreement. ° SECTION 7.13.A$,4IGNhtEhM OF AGR6-MEN . Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either parry hereto without the prior written consent of the other party.which may be withheld in the other party's sole discretion.Notwithstanding the foregoing, that either party may assign this Agreement to another successor public entity, subject to the reasonable r consent of the other party..In such circumstances the party not requesting the assignment shall have the right rn to demand assurances of the financial.technical and legal ability of the proposed assignee to undertake the responsibilities and obligations of the assigning parry. r E Z SECTION 7.13, INTEREST ON OVERDUE OBLIGATIONS_ Except as otherwise provided herein,all amounts due hereunder,whether as damages,credits,revenue or reimbursements,that 4 are not paid when due shall beat interest at the Overdue Rate on the amount outstanding from time to time, on the basis of a 365-day year,counting the actual number of days elapsed,and all such interest accrued at any time shall,to the extent permitted by Applicable I.aw,be deemed added to the amount due,as accrued. O 29 Packet Pg. 155 7.M.e 97- 37 1 SECTION 7.1?. BINDING EFFECT. This Agreement shall hind and inure to the benefit of the parties hereto and any successor or assignee acquiring an interest hereunder consistent with the provisions of Section ZU hcreof. SECTION 7.16. NOTICES. Any notice or communication required or permitted hereunder shall be in writing and sufficiently given if delivered in person or sent by certified or registered mail,postage prepaid, to the notice address of the respective parties set forth on the cover page of this Agreement. o Changes in the respective addresses to which such notices may be directed may be made from time to time by any party by notice to the other party. K t w v Z 0 N C a LL r U c 0 c 0 N N 3 V N_ D M O N C Q1 E m v m a 0 N_ f• C d E L U Co Q 30 Packet Pg. 156 97-372 IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written. COUNTY OF SAN BERNARDINO DEC 1 t`i 1997 �-� o Date _ By hai an, Board of Supervisors � 'OS' x w SIGNED A:''TJ " T A COPY OF > THIS CON'I _ WERED TO C T7IE CI m f'i q� `� YY U Date MC 16 1997 y LL qR I G C k of Supervisors Of San Bernardino County,California V c 0 c 0 N Ui V W Date - — - By-':Z- a,Y &6 C o Tom Minor, Mayor v City of San Bernardino N Y C d APPROVED AS TO FORM: E COUNTY COUNSEL SAN BERNARDINO COUNTY, FORNIA Q Q O BY m N_ n C d E t V A Q 31 PacketPg. 157 97-371 c 0 N C d x x w Z d APPENDIX z O m N m DESIGNATED DISPOSAL FACILITY 'o c a W Q: U c 0 \ C O \ O N N 7 V N M 7 O N_ t C W E d d � m Q Q 0 3 n C d E C v m a i Packet Pg. 158 97-371 APPENDIX C O N C d FORM OF ILAULE:R ACKNOWLEDGMENT x w (CAN BE USED TO SATISFY CITY WASTE DELIVERY OBLIGATION PURSUAINT'CO SECTION 3.1(E)J 0 d N A C a LL U c O C O O W N 3 U f7 a O N C d E 0) tm d L Q \1 Q 0 N_ r \ E d E 0 u A a 0 Packet Pg. 159 97-371 QFRANCHISE HAULER ACKNOWLEDGMENT THIS FRANCHISE HAULER ACKNUWLEDGMENT,dated ascf_, ,1997 (the "Acknowledgment"), by and between the City of (the "City") and (the"Franchise Hauler"). WUNESSETH o N C WHEREAS, the City and the Harder have heretofore entered into an agreement entitled dated as of (the"Franchise"):and w s1 WP ERF.AS,the Franchise prow ides for die coliection and disposal of certain municipal solid waste as described therein("Franchise Wnste")generated within the City; and o m WHEREAS.San Bernardino County(the"Cutmty")owns,manages and operates a sanitary a landfill disposal system for municipal solid waste generated within the County; and M M WHEREAS, the City and the County have heretofore entered into a Waste Disposal m 4grcemenf,dated as of 1997(the "Disposal Agreement")determining that the execution a Of such Disposal Agreement will serve die public health,safety anJ welfare of the residents of the Ciry and County:and U WHEREAS. under the Disposal Agreement,tine County has agreed to provide long-term o disposal of all municipal solid waste generated within the City and the City has agreed to exercise all legal, o and contractual power which it possesses from time to time to deliver or cause the delivery of such waste w Vto the the San Bernardino County Landfill Disposal System(the "Disposal System"):and N WHEREAS,the provisions of the Waste Disposal Agreement which guarantee capacity for the long term disposal of waste at specified rates generated in the City provide significant benefits to the Hauler; N WiMIZEAS,notwithstanding any Franchise provisions to the contrary.the Franchise Hauler v explicitly acknowledges the aforementioned benefits to the City,the County and the Hauler in providing for E the disposal of all Franchise Waste to the Disposal System;and d rn WHEREAS,the City and the Franchise Hauler desire to enter into this Acknowledgment Q Q to assure that the C ity and the Hauler will be entitled to the benefits of the Waste Disposal Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City-under the Disposal.Agreement through the delivery of waste by the Franchise Hauler to the Disposal System; and N WHEREAS,the Franchise Hauler's agreement to deliver Franchise Waste to the Disposal rn System under this Acknowledgment is given in consideration of the Franchise Haulers right to receive the Contract Rate for such disposal as provided in the Disposal Agreement, y E z U N Q i O PacketPg. 160 97-37� ONOW, THEREFORE, in consideration of the premises and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto, intending to he legally bound hereby.agree as follows; 1. Capitalized torts used and not otherwise defined herein are used as defined in the Disposal Agreement. 2, The Franchise Hauler hereby aives an right which it may ° y y gh y possess under o Applicable Law to contest on any ground,constitutional,statutory,case law, administrative or otherwise, c (a)the right,power or authority of the County or the City to enter into or perform their respective obligations m under the Disposal Agreement, (b) the enforceability against the County or the City of the Disposal w Agreement,or(c)the right,power or authority of the City to deliver or cause the delivery of all Controllable �. Waste to the Designated Disposal Facility in accordance with this Acknowledgment. 3. The City and the Franchise Hauler each hereby represent that this Acknowledgment m has been duly authorized by all necessary action of their respective governing bodies. N m 4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste v (including residue from the processing by any means,wherever conducted, of Controllable Waste to the @ extent provided in the Disposal Agreement),to the Disposal Sysretm and shall otherwise assist the City in LL complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the Disposal Agreement. M 2h 5. The Franchise Hauler shall not haul Controllable Waste to any materials recovery U facility,compostipg facility,intermediate processing facility,recycling canter,transfer station or other waste o handling or management facility unless- the contract or other agreement or arrangement between the e O o Franchise Hauler and the operator of such facility is sufficient in the opinion of the City to assure that the F Residue from such facility constituting City Acceptable Waste(or Tonnage equivalencies)and the City M Acceptable Waste transferred by such facility shall be delivered to the Designated Disposal Facility to the N extent required by the Waste Disposal Covenant. M 6, The Franchise Hauler shall pay the Contract Rate imposed by the County at the N Designated Disposal Facility for the disposal of all Controllable Waste, which rate shall be subject to potential adjustment necessary to reflect the circumstances set forth in the Disposal Agreement. E 7. Nothing in this Acknowledgment is intended to restrict any right or responsibility a explicitly given the Franchise Hauler in the Franchise to recycle City Acceptable Waste,except as provided a in paragraph 5 above with respect to Residue from any such recycling operations. Q 0 g. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstanding any provision of the Franchise which may conflict herewith_ `r N 9. This Acknowledgment may be enforced by the City by any available legal means. In any enforcement action by the City,the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith. E L V Ie a ii O I Packet Pg. 161 97-371 10. This,lcknowledgment shall be in full force and effect and shall be legally binding upon die City and Franchise Hauler from the dated hereof and shall continue in fall force and effect until the earlier of(i)the end of the term of the Franchise or(ii)the end of the term of the Disposal Agreement. 11. The City and Hauler ague that die County shall be an express third party beneficiary of this Acknowledgment,and shall be entitled to independently enforce through any available legal means; including specific performance,the obligations of the Hauler hereunder.The parties acknowledge that the money damages provided hereunder may not be adequate to compensate either party for the other party's o nonperformance.In addition,in the event that the t lauler delivers Controllable Waste outside of the Disposal System in violation of the Disposal Agreement,the Hauler agrees that the County shall be entitled to draw m on any bond or other security instrument or deposit held by the County in an amount equal to the Contract w Rate multiplied by the number of tons of Controllable Waste delivered outside of the Disposal System by the Hauler in violation of the Disposal Agreement. The Hauler shall execute a revised security agreement > to effectuate the provisions of this Section. m 0 d N t0 L C R a m U C O C 0 N N 3 U N_ 0 M O N G Q E N Q1 Of Q a 0 3 N_ r O C d E L 0 m a O Packet Pg. 162 97-371 Q 'FABLE: OF CONTENTS Page RECITALS ... .. . . .. . . . . . . .. . . . .. . ... ... ..... ..... ... .. . . . . . . . . . . . . . . . .. . .. ..... . . . 1 ARTICI.F I DEFINITIONS AND INTERPRETATION .. ... ... ... ... . . . .. . .... . .. . ........ 3 SECTION I.I. DEFINITIONS . . . . . . . . . . .. ........ .. ....... ............. ..... ... 3 SECTION 12, INTERPRETATION . . . . . . .. ...... . ..... ... . ... . ......... . . .. . ... 3 0 .N ARTICLE II REPRESENTATION'S AND WARRANT iE5 . . . . . . . . . . . . . . . . .. . . . . . ... ... . ... 10 SECTION 2.1. RFPRFSFNTAT'LONS AND WARRANTIES OF THE CITY . . . ...... . .. . 10 w SECTION 2.2. REPRESENTATIONS AND WARRANTIES OF THE COUNTY .. . .. ... . 10 a m ARTICLE.III DELIVERY AND ACCEPTANCE OF WASTE o AND PROVISION OF DISPOSAL SERVICE . . . . . . . . . . . . . . . . . . . .. . . ... .. ... . I 1 SECTION 3.1. DELIVERY OF WASH .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .... ..... . I I w SECTION 3.2. P'O`SAL SERVICES BY THE COUNTY 14 SECTION 3.3. 0l! TY 9L( {] `I'O REFUSE WASTE . . . . . . . . . . . . . . . . . . .... . ..... 16 0 SECTION 14. MISCF1 LAYEOUS OPERATIONAL MATTERS . . . . . . . . . .. ... . . .... 17 m SECTION 3.5. OTHER USERS OF,jjl LISPOSAL SYSTEM . . . . . . . . . . ............ 17 a SECTION 16. COUNTY,PROVISION OF WASTE DIVERSION SERVICES . . . . . ..... 17 ' ARTICLE IV CONTRACT"RATE ... . . .. . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .I. ... 19 O SECTION 4.1. CHARGINCj.AND..$FCURING PAYM1:NT OF CONTRACT„R ATE... ... 19 0 SEC LION 4.2, CONTRACT K&TY. .. .. . . . . . . . . . . . . . . ..... . .. . ... .. . .. . . .. .. ... 19 0 O SECTION 4.3. RESPONSIBILITY FOR PAYMENT OF THE CONTRACT . . . ... . . . ... 21 y SECTION 4.4. BILLING OF 'I I IE CON"i'RACT R,�U . 21 0 N ARTICLE V BREACH. ENFORCEMENT AND TERMINATION . .. . .. . .. ......... ... . .. .. . 22 SECTION 5.1. );IiFACH: REMEDIES . .. . . . . . . . . . ... ... ... . . .... ... .. ... .. ... .. 22 M v SECTION 5.2. CITY CONVENIENCE TERMINATION ... . ... .. .... ... .. .. . . . .. .. . 22 N SECTION 5.3. TERMINATION . . .. . . . .. .... .. .. . . . . . .. ... . . .... .. ...... . . .. .. . 22 SECTION 5 4. NO WAIVERS . . . .. .. . .. .. . . .. . . . . . . ... ... . .. .. .. .. . ... . . .. . .. 23 m SECTION 5.5 DAMAGES . . .... . . .. . . . .. . . . 23 SECTION 5.6. FORUM FOR DISPUTE RRROj ITS ION 2 m 24 ARTICLE VI TERM a 4 SECTION 6.1. EFFECTIVE DACE AND TERM;) . . . . . .. . . . . .. . . .. . .. . ... .. . . . . . . . .. 24 ARTICLE.VII GENERAL PROVISIONS . . . . . . . . .. . . . . .. . . . 25 SF,CTION 1.1. OPERATION AND MAINTENANCE OF THE DISPOSAL.SYSTEM . ... 25 SECTION 7?. URCONTROLLABLE C1RCL'VISTANCES GENERALI.`l . . . . . . . . .. . .. 25 SECTION 7.3. IND L -IFTCATION . . . . . . . . .. . . . .. . ... .. . . .. . .. .. .. . . . . . ... ... 25 SECTION 74, RELATIONSHIP OF TTL PARTIES . ... ... .. . . .. ... .... .... . ... .... 26 d SECTION 7.5. LI�11'TED RECOI"RSF. 26 s SECTION 7.6. PRE-EXISTING RIGHTS AND_LIABILITIES . . . ... ... ....... . ... . .. 26 @ SECTION 7.7. NO VFSTFD RLQ.HT'S . . . . . . . . . . . . . . . . . . . . . . . .. .. . .. ..... . . ...... 27 Q SECTION 7.$, L! BILITY FOR COLLECTION.TRANSPORTATION ANDPROCESSING . . . . . . .. . . . . .. . .. . . . . . . . . . . . . ............... 27 O cketPg. 163 97-371 SECTION 7.9. NO CONSEQUENTIAL OR PUNITIVE DAMAGES .. . .. .. ... . . .. .... 27 SECTION 7,10. AMENDMENTS . . .. . . . ... . .. . .. . ........ . . .. .. . .... ... . ... .. . . 27 SECTION 7.11. NOTICE OF LITIGATION ..... ... .......... ... .. .... . ... .,..... . 27 SECTION 7.12. FURTTIER ASSURANCES .. ... ... ..... . ... . ... . . ........... ..... 27 SECTION 7.13.ASSIGNINJENTOF AGUENIENT . .. ... . .. .. ... . ........... .....: 27 SECTION 7.14.JXTERE=S ON OVERDUE OBL�S . .. . .. ..... .... ... . ... .. 27 SECTION 7.15. BIND1tiG EFFECT . . . . . .... ..... .. ...... ..... ........ ... . . .. .... 27 SECTION 7,16.NOTICES .N C d APPENDIX I DES IGNATED DISPOSAL FACI LITY w APPENDIX 2 FORM OF IIAUI.ER ACKNOW'LEDGMEN'P > 0 d N R 9 C A CL LL _T U c 0 c 0 N N 7 U t"7 O N_ C � \ y L \. a a 0 3 A 1 P4. e! C d E s v m Q Packet Pg. 164 7.M.e ^,Et:-04-194'7 12:59 two SF.RUICES 202 6e6 9990 P.002,010. Cterlluv tnflor Stalfalics: Compenamiart&/ndultrial RdapOr{a 2t. 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C tract Number M Change �� A � % Cancel County[)apartment Dept. Ong". CMtttaetor'e License No. PSG-Waste System Division County Department Contract Representative Ph. Est. Amount of Contract Gerry Newcombe 386-8703 County of San Bernardino Fund Dept organization Appr. ObilRov Source Activity GRCiPR0JlJ0e Number F A S ....-- -- Commodity Code Esumated Payment Total by Fiscal year CONTRACT TRANSMITTAL FY Amount LID FY Amount LID _ Project Name O — N N Y x w CONTRACTOR City of San Benardino did Binh Date_ __ Federal ID No. or Social Security No. of p ip Contractor'a Representative Fred Wilson,Acting Cats Administrator in Address _ 300 North D Street, San Bernardino,CA 92418 Phone (909) 384-5122 3: m Nature of Contract: IBrielly describe the general terms of the contract) a LL T A 15 year Waste Delivery Agreement between the County and the City of San Bernardino v for use of the County landfill system, January 1, 1998 to December 31,2012. c c o .y N 7 U to ❑ M V O N_ E to E N N L OI Q Q r N C d E .0 u m /Attach this trensinitro! ll contracts not prepared on the "Standard Contract" farm.! Q A ro d as to Leg Reviewed as to Affirmative Action Reviewed for Processing County dowsw G Agency AdmF.ustratorlCAO Date _!- ____.._.. aatxxsaoao aw tueo E AMENDMENT No. 1 TO WASTE DISPOSAL AGREEMENT On December 18, 1997, the City of San Bernardino ("City') and the County of San Bernardino ('County') entered into a Waste Disposal Agreement c (the "Waste Disposal Agreement') which is hereby amended as of this 19th day U; of March. 2002('Amendment No. 1'). x w Recitals m A. On March 27, 2001 the County entered into a Solid Waste Operations m Contract ("Operations Contract') with Burrtec Waste Industries, Inc. o ('Contractor"). During each fiscal year during the term of the Operations N Contract, the Contractor has the right and the obligation to dispose of at least 250,000 but not more than 300,000 tons of solid waste to the Disposal System. in Amendment No. 4 to the Operations Contract, entered into on March 5, 2002 the amount of solid waste to be delivered for disposal In the Disposal System a from March 19, 2002 to and through June 30, 2002 is at least 20,830 but not U. more than 150,000 tons of solid waste. >, 5. The solid waste which may be delivered to the Disposal System by the c Contractor is defined in Article 19 of the Operations Contract as solid waste that C is: (1)allowed to be disposed of in the Disposal System pursuant to federal, state o I ( and local law; (ii)not being delivered to the Disposal System as of the date of the Operations Contract; (iii) being processed at the West Valley Matelot Recovery Facility or the Robert A. Nelson Transfer Station; and (Iv) delivered to the Disposal System in transfer trailers. Such solid waste is referred to as the"Article 19 Solid Waste." v 0 N C. The amount to be paid to the County by the Contractor for the disposal of Article 19 Solid Waste is $20.50 per ton, to be adjusted for Cost of Living d increases in the same percentage amount as the actual change made to the per E ton disposal fee charged by the County to Cities which have a Waste Disposal Agreement ("WDA") with the County pursuant to the "Calculation for Escalation" a contained in Section 4.2 (8)of the WDA. Such per ton disposal fee Is referred to Q as the"Article 19 Disposal Fee.' M D. The current Contract Rate payable by City to County for the disposal of `r solid waste under the Waste Disposal Agreement Is higher than the Article 19 Disposal Fee. rn E. City contends that absent agreement by the Cities to the contrary, Section c 3.5(A) of the Waste Disposal Agreement prohibits the County from allowing the £ disposal of Article 19 Waste at the Article 19 Disposal Fee unless the County = m a 1 8303v1 0245371001317 AGUT Packet}'�g:169 �z;la.e makes available to the City a Contract Rate equal to the Article 19 Disposal Fee. The County disputes this contention. F. Notwithstanding their dispute, the County and City agree that there will be benefits to the Disposal System and accordingly to the County, as the owner/operator of the Disposal System, and to the City, as a user of the Disposal c System, of accepting Article 19 Solid Waste for disposal in the Disposal System. •2 Accordingly, on the terms provided herein, both City and County agree relative to the acceptance of Article 19 Solid Waste to a limited waiver of their respective w rights and further, the County agrees to share a portion of such Article 19 Disposal Fee (the 'Article 19 City Fee')with each city that entered into a Waste w Disposal Agreement, Including City('WDA Cities'). '— c G. The purpose of this Amendment No. 1 is to acknowledge that: (i) City ;; agrees to waive its right under the provisions of Section 3.5(A) hereof with R respect to the Operations Contract, including the fight of the County to accept Article 19 Solid Waste on payment of Article 19 Disposal Fee without being required to offer to City to adjust the current or future Contract Rate to equal the 14 Article 19 Disposal Fee; (ii) County agrees to waive any right it may have to LL accept Article 19 Solid Waste except as provided herein; and (Ili)that the County : and City agree on the method of calculating and sharing with City its share from the receipt of the Article 19 Disposal Fee, as described herein. This Amendment No. 1 shall become effective only if and when all WDA Cities, including City, have g adapted and executed a counterpart of this Amendment No. 1 without c modificaVons and the County has adopted and executed each counterpart of this N Amendment No. 1. Attached as Exhibit A is a list of WDA Cities and their 'o respective share of Article 19 City Fee. 0 H. Pursuant to Amendment No. 4 to the Operations Contract, the County must mail notice to Contractor on or before March 19, 2002 of Its decision to N cancel the right of Contractor to deliver Article 19 Solid Waste to the Disposal System. If the County fails to take such action by such date (absent a further amendment of the Operations Contract to extend such date) then Contractor's E rights to dispose of Article 19 Solid Waste in the Disposal System become d effective. m a NOW THEREFORE, in consideration of the forgoing recitals and the c following covenants and promises the parties agree as follows: 1, Limited Waiver of City's Rights Under Waste Delivery Agreem net and A Right of County to Accept Article 19 Solid Waste. The parties agree that for the term of the Operations Contract (including any extensions or term currently contained in the Operations Contract) the County may accept Article 19 Solid Waste from Contractor for disposal in the Disposal System in the amount of at least 250,000 but not more than 300,000 tons of solid waste to the Disposal System and for the period of March 19. 2002 to and through June 30, 2D02, in Q 2 83030 024537r0C4317 AGMT Packet Pg,170 , mu C the amount of at least 20,830 but not more than 150,000 tons of solid waste. Upon payment of the Article 19 City Fee and satisfaction of the other requirements of the Operations Contract and of this Amendment No. 1, the County will not be required to offer City a Contract Rate equal to the Article 19 Disposal Fee in accordance with Section 3.5(A) of the Solid Waste Agreement, provided that such acceptance of Article 19 Solid Waste will not impair the rights c of the WDA Cities under the provisions of Section 3,5(8) of the Solid Waste Agreement. X 2. Limited Waiver of County's Rights Under Waste Delivery Agreement and Right of County to Accept Article 19 Solid Waste. The parties agree that,for the term of the Operations Contract (including any extensions of term currently 2 contained in the Operations Contract) the County agrees to accept Article 19 0 Solid Waste from Contractor for disposal In the Disposal System only in the a amounts specified in paragraph 1 of this Amendment and only upon payment of the Article 19 City Fee and satisfaction of the other requirements of the Operations Contract and of this Amendment No. 1. g. 3. Calculation of Net Per Ton Article 19 Disposal Fee. For purposes if this u. Amendment, the Net Per Ton Article 19 Disposal Fee shall consist of the Article 19 Disposal Fee, then in effect, under the terms of the Operations Contract, less V the following payments: c (i) the amount of the required payment to Contractor for disposing of such Article 19 Solid Waste then in effect under the terms of the Operations Contract; H (li) the other specified payments to governmental agencies in the amounts then required (including any newly required payment or any payment v made in substitution of an Identified payment); and �°, (ill) the amounts representing the allocation of costs for closure, d postclosure maintenance and construction of addition disposal capacity (in the E amounts set forth on Exhibit"B', such amounts to be adjusted for Cost of Living m increases in the same percentage amount as the actual change made to the per Ion disposal fee charged by the County to Cities which have a Waste Disposal 4 Agreement ("WDA")with the County pursuant to the "Calculation for Escalation" o contained in Section 4.2(B)of the WDA). Formula: ArlIrte 19 Disposal Fp& A Less Payment under Operations Contract to Contractor O1 Payment to California Integrated Waste Management Board c Payment to Local Enforcement Agency Payment to the City of Fontana a 3 8303v1 0245371004317 AGMT I Packet Pg. 171 Any other payment required to be made to local, State or Federal Agencies relative to the disposal of solid waste or fees collected relative to such disposal Allocation of costs for Closure and Postclosure Allocation for costs of construction of Additional Capacity c Equals Net Per Ton Article 19 Disposal Fee. 0 c The parties acknowledge that the County currently owes $2.00 per ton x to the City of Rialto, as adjusted by the Cost of Living Index, but Is not obligated w to make any out of pocket payment of such amount until its Credit For Prepayment is exhausted, an event expected to occur in approximately 2009, at which time such payment will be applicable to the calculation of the Net Per Ton o Article 19 Disposal Fee. N !0 Exhibit B, attached hereto sets forth the calculation of the Net Per Ton Article 19 Disposal Fee in effect as of the date hereof. M 4. Allocation of Article 19 City Fee.In consideration of the agreements of the LL City hereunder, the County will pay to the WDA Cities, in the aggregate, 50% of at the Net Per Ton Article 19 Disposal Fee for each ton of Article 19 Solid Waste Z. accepted for disposal at the Disposal System. Such fee is referred to herein as the "Article 19 City Fee". The remaining 50% of the Net Per Ton Article 19 0 Disposal Fee is being retained by the County. The Article 19 City Fee may be 0 used by each City as it shall deem appropriate, in its sole discretion, y 0 The Article 19 City Fee shall be further allocated among each of the WDA w Cities an the basis of two separate criteria: e M (i) 50% of the Article 19 City Fee shall be divided equally among the N WDA Cities,without regard for any other criteria; and c (N) 50% of the Article 19 City Fee shall be divided among the WDA E Cities based on population, on a per capita basis, as published by the Calaomia Department of Finance, as of each May 1, each year during the term of the WDA. rn The allocation of the Article 19 City Fee among each WDA Cities for fiscal ¢ year 2001-02 is set forth in Exhibit "A,' attached hereto and made a part hereof, For illustration purposes only, Exhibit A assumes an Article 19 City Fee of $1,000,000. N r The City's share of the Article 19 City Fee shall be paid to City in quarterly rn payments, within forty five (45) days after the end of the calendar quarter (i.e., March, .tune, September and December);provided that the payment for the fiscal year 2001-02 shall be paid in full on or before August 15, 2002. £S L) m >r 4 ^, 8303v1 024537OU31 r AG41r packet Pg:`172? '' Will Effective Date. This Amendment shall be effective if and only when all cities listed on Exhibit 'A' have adopted and executed a counterpart of this Amendment No. 1 and such amendment has been adopted and executed by the County. In all events, the conditions In the forgoing sentence necessary for this Amendment No. 1 to be effective shall occur on or before March 19, 2002, otherwise this Amendment No. 1 shall be null and void and without any effect whatsoever. c O 6. No other amendments. Except as modified In this Amendment No. 1 (or in any prior amendment) all other terms and conditions of the Waste Disposal Agreement shall remain in full force and effect. X W IN WITNESS WHEREOF, the parties hereto have executed this d agreement on the day and year set forth below. d 0 COUNTY OF SAN BEFtNARDINO CITY a c a FredAgular.Chairman,t3oa fSupervisors Title:! c4.�k �a//FS� m<f°r U. Z' Date: MAR 19 2002 D Ci L G c 0 C SIGNED AND CERTIFIED THAT c A COPY OF THIS DOCUMENT HAS w BEEN DELIVERED TO THE v CHAIRMAN OF THE BOARD c RENEE 9gSTIAN-.�` v Clerk of the Board df SupeMSOfS 0 f) E Date: OAR'I:9 p Approved as to form: 3 m ALAN J, allfomla Counsel N San ern rd' o rn Y: c Deputy E L V ` R Date: 3�/�` ;2-- — Q 03030024537/004317 AGMT 5 —Packet Pg. 173 7.M.e W O LL" N C n x m co W cio aQ m c< O(7i > N a• 0� O L mm O N �1VV U v imp N W u N N (D O m O m 01 O O! N i0 Of � N W �A "i LL m.' :6 (V p 'c a m ai c C V @ N cai C- U Q ruj pp ttyy Cpop? 8 Op p Y N b V r O } C A ,mod 4 V O X LL m N y� O U LU OQ IL 0 y 0 ro In U M M M M M M M M m m M M N l�f �.pp p N l9 y U d � $� g c m m g a t6 16 � 46 w ; m � e a 0 0 co q 4 m CC a a C 4 ° L m r ri d vi Gi 1- rL Oi PacketPg. 174 7.M.e Exhibit"B" NET PER TON ARTICLE 19 DISPOSAL FEE AS OF THE DATE HEREOF o N d Article 19 Disposal Fee $20.50 ru T Less; Payment under Operations Contract to Contractor $6.50 m Payment to California Integrated Waste Management Board $ 1.34 '- Payment to Local Enforcement Agency $0.78 0 Payment to the City of Fontana $2.07 Any other payment required to be made to local, State or Federal agencies relative to the disposal of solid waste Or fees collected relative to such disposal S 0.00 r c Allocation of costs for closure and postclosure $ 0.34 a Allocation of costs for construction of additional capacity $ 210 LL Net per ton Article 19 Disposal Fee $7.37 C "Article 19 City Fee" corsistfng of 50%of the Net Per Ton Article 19 0 O Disposa! Fee $3.685 c N N U N p M a 0 N C d E I N m I Q � Q N_ n rn c m E t U i Q 83030 024537/004317 AGMT Packet Pg. 175 7.M.e 2003-306 Exhibit "A" © 5 AMENDMENT No. 2 TO WASTE DELIVERY AGREEMENT On December 16, 1997, the City of San Bernardino("City'l and the County of San Bernardino ("County") entered into a Waste Disposal Agreement (the 'WDA") which is hereby amended as of this 17th day of November 2003 c 1 ("Amendment No. 2"). y r d Recitals x w T A. On March 27, 2001 the County entered into a Solid Waste Operations ; Contract ("Operations Contract') with Burrtec Waste Industries, Inc. d ("Contractor"). During each fiscal year during the term of the Operations ° Contract, the Contractor has the right and the obligation to dispose of at least m 250,000 but not more than 300,000 tons of solid waste to the Disposal System. In Amendment No. 4 to the Operations Contract, entered into on March 5, 2002 the amount of Article 19 Solid Waste to be delivered for disposal in the Disposal System from March 19, 2002 to and through June 30, 2002 was at least 20,830 LL but not more than 150,000 tons of solid waste. In Amendment No. to the Q: Operations Contract, to be entered into concurrently with this Amendment, the amount of Article 19 Solid Waste that is acceptable for disposal in the Disposal G System for the month of June 2003 is to be at least 20,834 but not more than o 31,250 tons of solid waste. o N N B. In Amendment No. 1: (1) City agreed to waive its right under the provisions of Section 3.5(A) of the WDA with respect to the Operations Contract, including o the right of the County to accept Article 19 Solid Waste on payment of Article 19 Disposal Fee without being required to offer to City to adjust the current or future o Contract Rate to equal the Article 19 Disposal Fee; (ii) County agreed to waive any right it may have to accept Article 19 Solid Waste except as provided in Amendment No. 1: and (iii) the County and City agreed on the method of calculating and sharing with City its share from the receipt of the Article 19 E Disposal Fee, as described in Amendment No. 1. rn a C. The Contractor under the Operations Contract has stated that it has o control over 75,060 additional tons per year of solid waste that satisfies the definition of Article 19 Solid Waste within the meaning of the Operations Contract and that it desires to bring such waste to the Disposal System for disposal as N Article 19 Solid Waste. n rn D. The County and City agree that it is in the interests of both parties to allow c the Contract to bring the additional 75,000 tons of Article 19 Solid Waste for E disposal in the Disposal System, under the same terms and conditions as set out in Amendment No. 1 to the WDA. Thus, the purpose of this Amendment No.2 to the WDA is to increase the maximum amount of Article 19 Solid Waste that is a 83030 0245371004317 AGMT Pa- Pg. 176 2003-306 acceptable for disposal in the Disposal System from 300,000 tons per Contract Year to 375,OOD per Contract Year. NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and promises the parties agree as follows: 1 Amendment to Section 1 of Amendment No. 1 to the WDA Regarding o Limited Waiver of City's Rights Under WDA and Right of County to Accept Article 19 Solid Waste. The parties agree that Section 1 of Amendment No, 1 shall be revised by adding the following. w 4 Notwithstanding the forgoing, commencing on the effective date of Amendment > No. 2, and for the term of the Operations Contract (including any extensions of a, term currently contained in the Operations Contract), the County may accept Article 19 Solid Waste from Contractor for disposal in the Disposal System in the A amount of at least 250,000 but not more than 375,000 tons of solid waste and for the month of June 2003, in the amount of at least 20,1334 but not more than a c 31,250 tons of solid waste. m a LL All other terms and conditions of Section 1 of Amendment No. 1 shall remain in M T full force and effect and are not amended by the provisions of this Amendment No. 2_ c 0 r- 2. Effective Date. This Amendment shall be effective if and only when all 4 cities listed on Exhibit "A" to Amendment No. 2 have adopted and executed a counterpart of this Amendment No. 2 and such amendment has been adopted H and executed by the County. In all evonts, the conditions in the forgoing o sentence necessary for this Amendment No. 2 to be effective shall occur on or before December 31, 2003, otherwise this Amendment No. 2 shall be null and d 0 void and without any effect whatsoever. OIL c 3. No other amendments. Except as modified in this Amendment No.2 (or in m any prior amendment) all other terms and conditions of the WDA, including without limit those contained in Amendment No. 1, shall remain in full force and rn effect. a ! a 0 f � 1 � N t r r r r E e t t 1 a 83030 02453;1004317 AWAT Packet.Pg.177 ._ 7.M.e � 2001-704 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year set forth below. COUNTY OF SAN BERNARDINO CITY 0 U1 Dennis Hansberger, Chairman, Board of supervisors Title: w m pate: DEC 16 2003 Date: // —Zo—0 3 I ° SIGNED AND CERTIFIED THAT y A COPY OF THIS DOCUMENT HAS 3 BEEN DELIVERED TO THE v CHAIRMAN OF THE BOARD r LL RE NE A£�Tfafd Ry. Cie f isors O B C � O Date: + ►� o —`�ntrt� — 'o +ate ..f' Approved as to?*Or,, ��oucld l�1eEv o my Counsel v �® E Deputy v rn Date: 20-63 0 N t• C d E L U t4 a 63030 0245371004311 AGM7 PacketPg. 178 7.M.e - 2073-3fi6 AMENDMENT No. 2 ff) EXHIBIT"A" r LIST OF WASTE DELIVERY AGREEMENT CITIES AND TOWNS Town of Apple Valley City of Barstow o City of Big Bear Lake City of Colton x City of Fontana w City of Grand Terrace L City of Hesperia > City of Highland o City of Loma Linda City of Rialto City of San Bernardino City of Twentynine Palms City of Victcrville 0 City of Yucaipa U. Town of Yucca Valley >, U C O C O N N 7 U N_ M O N C d E m d Q 0 N r O C d E L U m 03030 024537/004317 AGMT I Packet Pg. 179 7.M.f 2011-284 Exhibit Form of Agreement PROFESSIONAL SERVICES AGREEMENT FOR PROCESSING RECYCLING MATERIALS o m C d THIS AGREEMENT is made and entered into this 17th day of T _October , 2011 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a municipal corporation ("City"), and Republic Services of Southern .2t California, LLC, a limited liability company ("Contractor"). d WITNESSETH: a WHEREAS, The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), incorporated into the LL Califorria Public Resources Code as Section 40000 et seq., has declared that it is in the public interest to authorize and require local agencies to make adequate provision for U the disposal of Solid Waste within their jurisdictions; and o WHEREAS, City and Contractor are mindful of the provisions of the laws y governing the safe collection, transport, recycling, and disposal of Solid Waste, including AB 939 (as amended), the Resource Conservation and Recovery Act o ("RCRA"), and the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"). City and Contractor desire to leave no doubts as to their respective roles and to memorialize that by entering into this Agreement. City is not N thereby becoming an "arranger" or a "generator' as those terms are used in CERCLA, and that it is Contractor, not City, who is "arranging for' the disposal, composting, and recycling of Recyclable Material which may contain hazardous substances; and further to confirm that Contractor has agreed to indemnify the City in connection with any a claims relating to the inadvertent or intentional disposal of hazardous materials that may occur in connection with Contractors performance under this Agreement. ro 0 0 WHEREAS, City and Contractor understand and agree that it is Contractor, and not City, who will take title to the Recyclable Materials, that City has not, and, by this N Agreement does not, instruct Contractor on its methods of performing the duties under W this Agreement. Any title in and to such Recyclable Materials that otherwise might exist a in or with City in the absence of this Agreement is hereby transferred to Contractor. Q d WHEREAS, Contractor has agreed, as part of this Agreement, to provide such services as are necessary to ensure City complies with the requirements of Public N Resources Code Section 40000, et seq. b N WHEREAS, City proposes to have Contractor perform the services described in d the City's Request for Proposal and incorporated herein by reference; and z U t0 WHEREAS, Contractor represents that it has that degree of specialized expertise a contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and 1 Professional Service Agreement For Processing Recycling Materials 9.21-2011 Final Packet Pg. 180 7.M.f 2011-284 WHEREAS, City and Contractor desire to contract for specific services in connection with the Recycling of Recyclable Materials and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and WHEREAS, no official or employee of City has a financial interest, within the o provisions of California Government Code, Sections 1090-1092, in the subject matter of r this Agreement. x w NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 0 SECTION 1.00 RECITALS Cc 3 The Parties acknowledge the above recitals are true and correct and incorporate a them herein as if they were fully restated. to rr SECTION 2,00 DEFINITIONS w U Whenever any term used in this Agreement has been defined by Division 30, o Part 1, Chapter 2 of the California Public Resources Code, or Chapter 8.24 of the City o of San Bernardino Municipal Code, the definition of such term set forth therein shall N apply unless the term is otherwise defined in this Agreement. The terms defined herein shall have the meaning set forth in this Agreement. Otherwise, the terms herein shall o have their ordinary meaning. ; a 2.1 AB 939. "AB 939" shall mean the California Integrated Waste Management Act N of 1989, currently codified as California Public Resources Code Section 40000 et seq. as it may be amended from time to time. E d 2.2 City. "City" means the City of San Bernardino, a municipal corporation. a 0 2.3 Contractor. "Contractor" shall mean Republic Services of Southern California, LLC, the entity entering this Agreement with the City, or any party permitted o pursuant to the terms hereof to become the successor or assignee thereof. c N d 2.4 Effective Date. "Effective Date" shall mean October 17, 2011. U 2.5 Hazardous Waste. Hazardous Waste" means (i) all waste defined or o characterized as hazardous waste by the federal Solid Waste Disposal Act (42 U.S.C. § 3251 et seq.), as amended, including the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.) and all future amendments N thereto, or regulations promulgated thereunder and (ii) all waste defined or o characterized as hazardous waste by the principal agencies of the State of N California (including without limitation the Department of Health Services and the California Waste Management Board) having jurisdiction over hazardous waste t generated by facilities within such state, provided that the term "Hazardous Waste": a A. Is intended to mean and include those substances that are not normally expected to be disposed of by generally accepted sanitary landfill disposal 2 Professional Services Agreement For Processing Recycling Materiels 9.21.2011 Final Packet Pg. 181 7.M.f 2011-284 methods; B. Shall include radioactive wastes; and C. Shall be construed to have the broader, more encompassing definition o where there exists a conflict in the definitions employed by two or more governmental agencies having concurrent or overlapping jurisdiction over x hazardous waste. w T U 2.6 Municipal Code. "Municipal Code" shall mean the "San Bernardino Municipal d Code" of the City of San Bernardino ° d N 2.7 Recycling. 'Recycling" means the process of collecting and turning used products, including, but not limited to, newspapers, cans, corrugated cardboard and bottles, into new products by reprocessing or remanufacturing them. a LL 2.8 Recyclable Material. "Recyclable Material" or "Recyclables" shall mean all Solid Waste, garbage, trash, refuse, construction and demolition debris, and any other Solid Waste which is capable of being recycled. o C 2.9 RFP. "RFP" means the City's Request for Proposal attached hereto as Exhibit y "A" and incorporated herein as though set forth in full. N_ ° 2.10 Response. "Response" means Contractor's response to honor terms of the current agreement in place with Burbank Recycling Inc. to process curbside and o commercial recycling and remit payments to the City based upon the overall recycling percentage. E 3.0. SERVICES PROVIDED BY CONTRACTOR zr a 3.1 Scope of Services. Contractor shall provide the services described in Contractor's Response. Specifically, Contractor shall collect City's recyclable material R at a designated location, acceptable to the City, transport the material for processing at `o an approved recycling facility, and dispose of non-recyclable residue at an approved County of San Bernardino disposal facility per the Waste Delivery Agreement, which Contractor expressly acknowledges. U Contractor will accept materials for recycling from the City's recycling Program serving a single-family residences and commercial accounts. a Contractor will provide a facility at the location specified below for Off-loading City N recycling trucks. The facility will be available to begin accepting materials by November o 1, 2011. The designated facility is: N d Republic Services of Southern California, LLC E 3059 E. Steel Road U Colton, CA 92324 a Unloading TimelTruck Turn-around Time—Each City recycling truck entering the Contractor's facility shall have a maximum of 15 minutes turnaround time from the time 3 Profmional Services Agreement For Processing Recycling Ma trials 9-21.2011 Final Packet Pg. 182 7.M.f ZU i L—Z84 the truck arrives at the facility until the time the truck exits the facility. The 15-minute turnaround time shall apply under all circumstances. The Contractor shall either provide separate scales, ingress and egress from their facility or otherwise accommodate City vehicles to avoid queuing City vehicles behind o self-haul trucks Contractor shall provide a means to avoid "stacking" of recycling trucks on public streets U as they enter their facility(s). Contractor shall provide City trucks preference over the general public to facilitate off-loading efficiencies and tum-around time. d 0 Accounting System — Contractor shall design an accounting system for all N Recyclable Materials delivered by City trucks. The accounting system must be developed by the Contractor and approved by the City prior to program start-up. G Commingled materials on City trucks shall be accounted for based on factors derived m from periodic sampling, separate processing, or by other means as agreed to by the LL City, to establish factors for the percent of each material. U The Contractor shall comply with all Federal, State and local regulations that apply to 0 recyclable materials delivered to them by City recycling trucks under the terms of this o agreement. y Unmarketable Materials — In no case shall the Contractor take any City delivered o recyclable materials to a disposal facility unless permission in writing is provided by the City on a load-by-load basis. If the Contractor can demonstrate that a material is not o marketable, such permission shall not be unreasonably withheld. This provision does N. not apply to residue that is incidental to processing recyclables. E Contractor will provide for alternative off-loading methods in the event of reasonable down —time due to repair and maintenance of equipment. Contractor shall maintain a adequate space to stockpile recyclable materials during such reasonable down time for acceptance of material without a break in service. 'Reasonable down time" shall be defined as less than one day each operating month. `_ Contractor shall be responsible for disposal of residue, which shall be in compliance with the WDA, from processing of City recyclables at no charge to City. U Contractor's facilities shall be open to receive materials from City trucks Monday c through Saturday, year round. Facilities shall be open to receive City materials from 6:30 a.m. to 5:00 p.m. N Contractor shall provide an area for tipping of City vehicles separate from the general public. Contractor shall provide spotting of City trucks in areas at their facility with tight N maneuverability. v E Contractor shall allow the City's representatives to inspect their facilities during normal business hours to assure compliance with the service agreement. a With the exception of what is recognized by the recycling industry as "residue" or "contaminants", Contractor agrees to divert all materials from landfill delivered to them 4 Professional Services Agreement For Processing Recycling Mai nals 9.21-2011 Final Packet Pg. 183 7.M.f 2011-284 by City recycling trucks. Contractor shall provide use of a phone to City employees in the event a City driver needs to contact their supervisor regarding City business. c 0 Contractor shall provide paved surfaces for all areas where City trucks will operate at their facility. All ingress and egress from the Contractor's facility shall be paved. x W Contractor shall make reasonable accommodations to provide tours of their facilities to the public upon request by the City's representative. 0 The City will not furnish facilities or equipment for this Agreement. N 3.2 Equipment. Contractor shall furnish all labor, materials and equipment 3 necessary to perform the services contemplated by this Agreement. EL LL 3.3. Professional Practices. All professional services to be provided by >. Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence o and skill ordinarily exercised by professional Contractors in similar circumstances in o accordance with sound professional practices. Contractor also warrants that it is familiar .N with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor's performance of this Agreement. o 3.4 Restriction on Manner of Collection. In order to ensure City complies with o the provisions of AB 939, and to accurately account for and report the amount of Solid N Waste including Recyclable Material collected within the City Limits and processed, recycled and/or disposed pursuant to this Agreement, City Recyclable Material shall not E be commingled with any other Recyclable Material until City Recyclable Material has v been weighed and/or accounted for in some other manner. a 3.5 Pursuit and Management of Grants. Contractor shall assist City in pursuing grants and other funding as may become available for recycling, public o education and other recycling related programs. Contractor shall manage any such funding obtained, and implement any programs that may be funded, if requested to do so by City, and shall be entitled to compensation for such management services if the funding in question may be utilized to so compensate Contractor. a C CL 3.6. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including but not limited to those laws related to minimum hours and wages; N occupational health and safety; fair employment and employment practices; workers' o compensation insurance and safety in employment; and all other Federal, State and N local laws and ordinances applicable to the services required under this Agreement, v Contractor shall indemnify and hold harmless City from and against all claims, E demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered c © against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor's performance under this Agreement. 5 Professional Smias Agreement For Processing Recycling Mmcrials 9-21.2011 Final PacketPg. 184 7.M.f 2011-284 3.7. Non-discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this o provision may result in the imposition of penalties referred to in Labor Code, Section d 1735. 1u 3.8. Business License. Contractor/Consultant/Vendor warrants it possesses, d or shall obtain, and maintain during the term of this Agreement a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of contractor/consultants/vendor to practice its profession, skill or business. r M 3.9. Delegation and Assignment This is a personal service contract, and the a LL duties set forth herein shall not be delegated or assigned to any person or entity without ; 7.M.f 2011-284 contemplated by this Agreement, with or without cause, at any time, by providing thirty (30) days written notice to Contractor. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. c 0 5.3. Cure. In the event Contractor defaults in the performance of any of the terms or conditions of this Agreement or fails to conform to the rules, and regulations, or x any of the directions or instructions that may be properly made by City in the exercise of z its powers, or fails, neglects or refuses to pay the consideration of any part thereof within 30 days after the same shall become due, or becomes unable to fulfill its obligations under this Agreement, or defaults in the performance of any of the other terms or provisions therein required, City shall have the following options without any further notice or authorization from Contractor, and its choice of any option shall in no 3 way waive its rights to select any other option at any time. 5.3.1 City may give Contractor notice of such default. If the Contractor LL does not cure said default within 30 days after it was first discovered (forthwith for a default involving any condition involving 0 safety) or make reasonable progress to cure said default o (reasonable progress to be determined at City's sole and absolute o discretion), City may terminate this Agreement on a date of its N choice. _N 5.3.2 The acceptance of all or part of recycling revenues by City for any period after a default shall not be deemed a waiver of any of these o options, nor a waiver of the default of any subsequent default of the N same or any other term, covenant and condition. Any waiver by City of a default on the part of Contract shall not be construed as, d or constitute a waiver of, any subsequent default of the same or v any other term, covenant and condition. v 5.4.2 In the event City defaults in the performance of any of the terms or conditions of this Agreement, and if a written notice of such default o is issued to City by Contractor by registered mail, and if City does not cure said default within thirty (30) days of receipt of said notice or makes reasonable progress in curing such default, then Contractor may immediately terminate this Agreement, and recover a at law any and all claims which may be due. a d 5.4 Compensation. In the event of early termination, Contractor shall pay City compensation for all Recyclable Materials delivered by the City as of the date of N termination. b N 5.5 Documents. In the event of termination of this Agreement, all writings prepared by Contractor in its performance of this Agreement including, but not limited s to, data, reports and materials as may have been accumulated by Contractor in the performance of this Agreement, shall be delivered or otherwise made available to City a within ten (10) days of Contractor's receipt of termination notice, at no cost to City. The term "writings" shall be construed to mean and include: handwriting, typewriting, printing, photographing, electronic communication, and every other means of recording Professional Servim Agreement For Processing Recycling Materials 9-21-2011 Final PacketPg. 186 7.M.f 2011-284 upon any tangible thing any form of communication or representation, including letter, works, pictures, drawings, sounds, or symbols, or combinations thereof. City shall have full ownership and control of all such writings delivered by Contractor pursuant to this Agreement. 2 0 6.0. COMPENSATION AND ACCOUNTING d 6.1. Revenue Calculation. Revenue calculation shall be calculated as set W T forth below: Contractor will pay City $15 per ton less a 40% weight deduction for residual. o Example: If the City delivers 1500 tons during a given month to Contractor the following N year-one calculation will apply: 1500 tons less 40% = 900 tons x $15 per ton = $13,500 net payment. At the end of 60 days, a waste characterization will be performed that will a potentially increase the Contractor payment to the City. If the said waste characterization demonstrates that the City's residual reduces to 30% or below, the LL Contractor's payment to the City increases from $15 per ton to $20 per ton. If the said waste characterization demonstrates that the City's residual reduces to 25% or below, the Contractor's payment to the City increases from $15 per ton to $22.50 per ton. If the r said waste characterization demonstrates that the City's residual reduces to 20% or C below, the Contractor's payment to the City increases from $15 per ton to $25 per ton. If 2 the said waste characterization demonstrates that the City's residual reduces to 15% or below, the Contractor's payment to the City increases from $15 per ton to $30 per ton. If the said waste characterization demonstrates that the City's residual reduces to 10% or ° below, the Contractors payment to the City increases from $15 per ton to $40 per ton. Quarterly waste characterizations and potential per ton price change will happen upon N mutual agreement by both parties. At no time during the contract will the Contractor charge the City or increase the residual deduction to more than 40%. E v v The parties agree that the characterization of 40% residue is material to this a Agreement and that the City relied on such characterization in entering into the Agreement. Contractor shall be responsible to perform periodic characterizations in o accordance with best management practices. The City's representatives shall observe - any future characterizations. Any recalculation of revenue from subsequent c characterizations shall not result in the Contractor charging City for receipt of material, nor shall such characterization cause the level of residue to exceed 40%. In no event, shall the value of the City's material, net of residue disposed, be less than $zero ($0). CL 6.2 Payment to City. Contractor shall pay the Compensation for the preceding month to the City no later than thirty (30) calendar days from the end of each month. Payments to the City will include California Redemption Value applicable to curbside Recycling programs. N 6.3 Late Payments. Interest on amounts past due will be assessed at the rate d of 1.5% per month. U 6.4 Monthly Summary Reports. Contractor will provide the City with a monthly a ® report on the overall amount of Recyclable Materials delivered by the City recycling trucks. Monthly Invoices shall reflect the established percentages of each commodity type. Contractor shall submit the weight tickets and monthly summary report to the City B Professional Services Agreement For Processing Recycling Materials 9-21-2011 Final Packet Pg. 187 7.M.f 2011-284 within thirty (30) calendar days following the end of each month. 6.5. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in the Response unless the City or its Project Manager, prior to Contractor performing the additional services, o approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall x be barred and are unenforceable. w d 6.6. Records and Audits. Records of Contractor's services relating to this '- Agreement shall be kept on a generally recognized accounting basis and shall be made o available to City or its Project Manager for inspection and/or audit at mutually N convenient times for a period of three (3) years from the commencement of this Agreement. Contractor shall maintain books and accounts of all project related weights by material type. Such records shall be available at all reasonable times for examination by the City at the office of Contractor. LL IX Z. 7.0. TIME OF PERFORMANCE G C O 7.1. Commencement of Work. The professional services to be performed o pursuant to this Agreement shall commence within five (5) days from the Effective Date N of this Agreement. N 7.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. o Such acts shall include, but not be limited to, acts of God, fire, strikes, material N shortages, riots, acts of war, or any other conditions beyond the reasonable control of a party. d d 8.0. INSURANCE a v C 8.1. Minimum Scope and Limits of Insurance. Contractor shall obtain and i6 maintain during the life of this Agreement all of the following insurance coverages: 4 (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal a injury with a policy limit of not less than One Million ($1,000,000.00) a Dollars per occurrence and Two Million ($2,000,000.00) Dollars, aggregate. N (b) Automobile liability for owned vehicles, hired, and non-owned o vehicles, with a policy limit of not less than One Million N ($1,000,000.00) Dollars, combined single limits, per occurrence and v aggregate. L U (c) Workers' compensation insurance as required by the State of a California. s Professional Services Agreemcrrt For Processing Recycling.teteri as 9-21-2011 Final Packet Pg. 188 7.M.f ZU11-ZU4 8.2. Endorsements. The comprehensive general liability and automobile liability insurance policies shall contain or be endorsed to contain the following provisions: (a) Additional insureds: 'The City of San Bernardino and its elected o and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract x with City." W T d (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, 0 nor the coverage reduced, until thirty (30) days after written notice ° is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the a insurance provided by this policy." 8.3. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described o above, in a form and content approved by City, prior to performing any services under o this Agreement. N U 8.4. Non-limiting. Nothing in this Section shall be construed as limiting in any o way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property. o N 9.0. GENERAL PROVISIONS r 4) E 9.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The CU terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. o U) d 9.2, Representatives. The City Manager or his designee shall be the 0� representative of City for purposes of this Agreement and may issue all consents, a approvals, directives and agreements on behalf of the City, called for by this c Agreement, except as otherwise expressly provided in this Agreement. X v Contractor shall designate a representative for purposes of this N Agreement who shall be authorized to issue all consents, approvals, directives and o agreements on behalf of Contractor called for by this Agreement, except as otherwise N expressly provided in this Agreement. E r 9.3. Project Managers. City designates the Public Works Director to act as the Project Manager to work directly with Contractor in the performance of this Agreement. a Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor 10 Praressional Services Agreement For Processing Recycling Materials 9-21-2011 Final PacketPg. 189 7.M.f LU11—Ltf4 or its Project Manager shall attend and assist in all coordination meetings called by City. 9.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. If such o communication is sent through regular United States mail, it shall be deemed served or delivered 48 hours after deposit in the U.S. Mail as reflected by the official U.S. x postmark. In all other instances, notices, bills, and payments shall be deemed given at w the time of actual delivery. Changes may be made in the names and addresses of the v person to whom notices, bills, and payments are given by giving notice pursuant to this paragraph. ° d N IF TO CONTRACTOR: IF TO CITY: Republic Services of City of San Bernardino Southern California Public Works Director 3059 E. Steel Road 300 North "D" Street Cokon, Ca 92324 San Bernardino, CA 92418-0001 ,, U Attn: Peter Sterenberg Attn: Nadeem Majaj o C 9.5. Attorneys' Fees. In the event that litigation is brought by any party in N connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by o the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and o expenses of the City Attorney and members of his office in enforcing this Agreement shall be considered as "attorneys' fees" for purposes of this Agreement. d E 9.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without regard to principles of conflict of laws. a 9.7. Venue. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts o located in the County of San Bemardino, State of California or the U.S. District Court for the Central District of California. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. W V 9.8. Assignment. Contractor shall not voluntarily or by operation of law assign, z CL transfer, sublet or encumber ail or any part of Contractor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or co encumbrance shall be void and shall constitute a breach of this Agreement and cause N for termination of this Agreement. Regardless of City's consent, no subletting or o assignment shall release Contractor of Contractor's obligation to perform all other ry obligations to be performed by Contractor hereunder for the term of this Agreement. In the event of mutual agreement between the parties to sublet a portion of the services to E be performed pursuant to this Agreement, Contractor shall add the subcontractor as an additional insured to Contractor's insurance policy and provide City with the insurance a endorsements prior to any work being performed by the subcontractor. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 11 Proftssional Services Agreement For Processing Recycling Materials 9-21-2011 Final Packet Pg. 190 7.M.f 2011-284 9.9. Indemnification and Hold Harmless. Contractor shall protect, defend, indemnify, save and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any o nature including, but not by way of limitation, all civil claims or workers' compensation claims arising out of or in any way connected with the intentional or negligent acts, x errors or omissions of Contractor, its employees and/or authorized agents or w subcontractors in the performance of this Agreement. 9.10. Employment Indemnification. Contractor expressly waives all rights to 0 subrogation against City, its Officers, employees and volunteers for losses arising from N work performed by Contractor for City by expressly waiving Contractor's immunity for injuries to Contractor's employees and agrees that the obligation to indemnify, defend G and hold harmless provided for in this Agreement extends to claims brought by or on R behalf of any employee of Contractor. The parties mutually negotiate this waiver. This LL shall not apply to any damage resulting from the sole negligence of City, its agents and employees. 0 0 9.11. Hazardous Substances Indemnification. Without regard to any insurance o coverage or requirements, and without limiting the above general indemnification .N obligation in any way, Contractor specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, M save and hold City and its past and present officers, council members, employees, consultants and agents (hereinafter "Indemnified Parties") harmless from and against o any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") E (including but not limited to response costs, investigative costs, assessment costs, d monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and a similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of Contractor that: @ r 0 (a) results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in anyway obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any W Hazardous Contaminant (as defined herein); or •" CL C (b) relates to material collected, transported, recycled, treated or disposed of by Contractor. N Contractor's obligations pursuant to this Section shall apply, without limitation, to: o N (a) any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), E 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 m U.S.C. § 9601 at seq., the California Hazardous Substances Account Act (California a Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 at seq.), the California Porter- Cologne Act (California Water Code Section 13000 et sec.), and any and all 12 Professional Smites Agreement For Processing Recycling Materials 9.21.2011 final Packet Pg. 191 7.M.f GV11-4b4 amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision; (b) any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of o Contractor of any facility; B (c) any Claims based on or arising out of or alleged to be arising out of W the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Contractor; '- 0 (d) any Claims based on or arising out of or alleged to be arising out of N any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement. The foregoing indemnity shall apply irrespective of the negligence or willful misconduct of Contractor or any affiliate of Contractor. ,, U For purposes of this Section, the term "Hazardous Contaminant" shall mean any c "hazardous material," as that term is defined under California Health & Safety Code o Section 25501(1); any "hazardous substance," as that term is defined under California .y Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section 9601(14) of the United States Code; any "hazardous waste," as that term is defined o under Title 42, Section 6093(5) of the United States Code and under California Health & Safety Code Section 25550(m); any chemical which the Governor has identified as a o chemical known to the State to cause cancer or reproductive toxicity pursuant to N California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos- E containing material. The term "Hazardous Contaminant" shall also include any and all v amendments to the above-referenced statutory and regulatory provisions made before a or after the date of execution of this Agreement. The provisions of this Section shall not terminate or expire and shall survive the o termination or expiration of this Agreement. 0 a 9.11. Independent Contractor. Contractor is and shall be acting at all times as 0� an independent contractor and not as an employee of City. Contractor shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Q Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed N hereunder. 0 N 9.12 Public Records Act Disclosure. Contractor has been advised and is aware that all reports, documents, information and data including, but not limited to, computer t tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, R and provided to City may be subject to public disclosure as required by the California a Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and which 13 ProfMionel Services Agreement For Processing Recycling Mnerials 9-21-2011 Final Packet Pg. 192 7.M.f 2011-284 © Contractor informs City of such "Trade Secret." "Confidential," or "Proprietary" status. The City will endeavor to maintain as confidential all information obtained by it that is designated as proprietary. The City shall not, in any way, be liable or responsible for the disclosure of any such records including, without limitation, those so marked if disclosure is deemed to be required by law or by order of the Court. g •N C 9.13. Confidentiality. All findings, reports, information and exhibits prepared or w assembled by Contractor in connection with the performance of its professional services z pursuant to this Agreement are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior consent of City. 'd 0 d 9.14. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification 3 and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that a an error or omission attributable to Contractor occurs, then Contractor shall, at no cost s to City, provide all necessary design drawings, estimates and other Contractor r professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. `o r 0 9.15, Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect. U N_ O 9.16. Order of Precedence. In the event of an inconsistency in this Agreement 1 and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If o and to the extent this Agreement incorporates by reference any provision of the RFP or the Response, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over both the Response and the RFP and the Response shall govern over the a RFP. C R C 9.17. Costs. Each party shall bear its own costs and fees incurred in the $ preparation and negotiation of this Agreement and in the performance of its obligations c hereunder except as expressly provided herein. 9.18. No Third Party Beneficiary Rights. This Agreement is entered into for the a sole benefit of City and Contractor and no other parties are intended to be direct or o incidental beneficiaries of this Agreement and no third party shall have any right in, W under or to this Agreement. N 9.19. Headings. Paragraphs and subparagraph headings contained in this o Agreement are included solely for convenience and are not intended to modify, explain N or to be a full or accurate description of the content thereof and shall not in any way d affect the meaning or interpretation of this Agreement. s U R 9.20. Construction. The parties have participated jointly in the negotiation and a drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed l as if drafted jointly by the parties and in accordance with its fair meaning. There shall 14 Professmal Smice Agreement For Processing Recycling Materials 9-21-2011 Final Packet Pg. 193 7.M.f 2011-284 be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 9.21. Amendments. Only a written amendment executed by the parties hereto or their respective successors and assigns may amend this Agreement. o N C 9.22. Waiver. No waiver of any provision of this Agreement shall be effective x unless in writing and signed by a duly authorized representative of the party against w whom enforcement of a waiver is sought. The waiver of any right or remedy in respect d to any occurrence or event shall not be deemed a waiver of any right or remedy in v respect to any other occurrence or event, nor shall any waiver constitute a continuing ❑ m waiver. 9.24. Severability. If any provision of this Agreement is determined by a court of a competent jurisdiction to be unenforceable in any circumstance, such determination m shall not affect the validity or enforceability of the remaining terms and provisions hereof LL or of the offending provision in any other circumstance. ,, U 9.25. Counterparts, This Agreement may be executed in one or more o counterparts, each of which shall be deemed an original. All counterparts shall be o construed together and shall constitute one agreement. y U 9.26. Corporate Authority. The persons executing this Agreement on behalf of o the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the o provisions of this Agreement. G IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be E executed by and through their respective authorized officers, as of the date first above d written. a r C R C CITY OF SAN BERNARDINO, CONTRACTOR o A municipal corporation o N d U a atrick J. qorris, Mayor Thomas J. Vogt, President c Cfty-Qf-596 Bernardino Republic Services of Southern California, LLC a N Rachel G. Clark, City Clerk o City of San Bernardino N d E L APPROVED AS TO FORM: a James F. Penman, City Attorney 15 Professional Services Agreement For Processing Recycling Materiels 9-21-2011 Final Packet Pg. 194 7.M.f I RESOLUTION NO. 2011-284 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY o OF SAN BERNARDINO AUTHORIZING EXECUTION OF A PROFESSIONAL 3 SERVICES AGREEMENT WITH REPUBLIC SERVICES OF SOUTHERN x CALIFORNIA, LLC, PURSUANT TO SAN BERNARDINO MUNICIPAL CODE W 4 SECTION 3.04.010 PARAGRAPH B3, TO ALLOW REPUBLIC SERVICES OF 5 SOUTHERN CALIFORNIA, LLC TO PROVIDE COMMINGLED RECYCLING AND 0 COMMERCIAL RECYCLING PROCESSING. 6 7 WHEREAS,the City has an existing non-exclusive Professional Services Agreement with 8 u a Burbank Recycling Inc. (BRI)to process recycling materials for the City; 9 WHEREAS,pursuant to San Bernardino Municipal Code Section 3.04.0 10 Paragraph B3,the U 10 0 City would like to enter into one or more Professional Services Agreements to process recycling; C 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CTIY OF w 12 SAN BERNARDINO AS FOLLOWS: of 'o 13 SECTION 1. That the Mayor and Common Council authorize execution of the Professional v 14 ° Services Agreement attached hereto as Exhibit"A"with Republic Services of Southern California, —" 15 LLC,pursuant to San Bernardino Municipal Code Section 3.04.010 Paragraph B3,to allow Republic E 16 v Services of Southern California, LLC to provide commingled recycling and commercial recycling 4 17 18 processing. m C 0 19 SECTION 2. The authorization to execute the above-mentioned Agreement is 0 w 20 rescinded if the parties to the Agreement fail to sign it within sixty(60) days of the passage of U 21 this resolution. a 22 23 N 24 N 25 v E 26 27 28 Packet Pg. 795 7.M.f 2011-284 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING EXECUTION OF A PROFESSIONAL 0 SERVICES AGREEMENT WITH REPUBLIC SERVICES OF SOUTHERN CALIFORNIA, r c 3 LLC, PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTION 3.04.010 PARAGRAPH B3,TO ALLOW REPUBLIC SERVICES OF SOUTHERN CALIFORNIA,LLC w 4 TO PROVIDE COMMINGLED RECYCLING AND COMMERCIAL RECYCLING 5 PROCESSING. > m 0 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 0 N 7 Common Council of the City of San Bernardino at a regular _ meeting 3: C 8 thereof, held on the 17thday of October 2011, by the following vote,to wit: LL LL 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 0 11 MARQUEZ x 0 y 12 JENKINS x ' v N_ 0 13 BRINKER x M a 14 SHORETT x 15 KELLEY x E 16 17 JOHNSON x a 18 MCCAMMACK x 0 c 0 19 �„ � � �� o 20 Rachel G. Clark, CMC, City Clerk 0: v 21 The foregoing resolution is hereby approved this I q� day of b-W ,2011. Q 22 a 23 N Patri <J. Morris,Ma r--� 0 ,t y of San Bemardino N 25 Approved as to form: 26 JAMES F. PENMAN, E s City Attorney A 27 By. a 28 Packet Pg. 196 7.M.g----------M-- RESOLUTION NO. 2011-285 1 0 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY °- N OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN PROFESSIONAL M 3 SERVICES AGREEMENT WITH BURRTEC WASTE INDUSTRIES, INC., w 4 PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTION 3.04.010 PARAGRAPH B3, TO ALLOW BURRTEC WASTE INDUSTRIES, INC., TO > 5 PROVIDE COMMINGLED RECYCLING AND COMMERCIAL RECYCLING o PROCESSING. 6 7 WHEREAS,the City has an existing non-exclusive Professional Services Agreement a a 8 with Burbank Recycling Inc.(BRI)to process recycling materials for the City; LL 9 WHEREAS,pursuant to San Bernardino Municipal Code Section 3.04.010 Paragraph v 10 0 11 B3,the City would like to enter into one or more Professional Services Agreements to process 0 N N 12 recycling; _� v N O 13 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE M 14 CITY OF SAN BERNARDINO AS FOLLOWS: N 15 SECTION 1. That the Mayor and Common Council authorize execution of the E 16 Professional Services Agreement attached as Exhibit"A"with Burnet Waste Industries,Inc., m 17 a pursuant to San Bernardino Municipal Code Section 3.04.010 Paragraph 133,to allow Burrtee 18 ° Waste Industries, Inc.,to provide commingled recycling and commercial recycling 0 19 0 20 processing. H 21 SECTION 2. The authorization to execute the above-mentioned Agreement is 22 rescinded if the parties to the Agreement fail to sign it within sixty (60)days of the passage of m' to co 23 this resolution. 24 a 25 E 26 L 27 28 .rP#pket Pd 197} 2011-285 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN PROFESSIONAL 2 SERVICES AGREEMENT WITH BURRTEC WASTE INDUSTRIES, INC., 0 " PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTION 3.04.010 r w 3 PARAGRAPH B3, TO ALLOW BURRTEC WASTE INDUSTRIES, INC., TO w PROVIDE COMMINGLED RECYCLING AND COMMERCIAL RECYCLING 4 PROCESSING. > 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and ° 6 " @ 7 Common Council of the City of San Bernardino at a regular meeting 3: a c thereof,held on the 17ttUay of October 2011,by the following vote,to wit: am 8 ,� W 9 Council Members: AYES NAYS ABSTAIN ABSENT iii 10 MARQUEZ x c 11 0 12 JENKINS x " 13 BRINKER x o 14 SHORETT x 15 KELLEY x d E m JOHNSON x 17 a MCCAMMACK x c 18 �^ 0 19k-C o 20 Racciel G.Clark,CMC, City Clerk m 21 The foregoing resolution is hereby approved this day of G bo✓ ,2011. 22 In Ln 23 N Patri k J. Morris, 24 Ci 'of San Bernardino ° N r 25 Approved as to form: E 26 JAMES F.PENMAN, City Attorney 27 By: 28 Packet Pg. 198 7.M.g 2011-285 Exhibit A Form of Agreement PROFESSIONAL SERVICES AGREEMENT FOR PROCESSING RECYCLING MATERIALS o N c v THIS AGREEMENT is made and entered into this 17th day of October, 2011 w ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a municipal corporation ("City"), and Burrtec Waste Industries, Inc., a California corporation '- ("Contractor"). ° d WITNESSETH: 3 a WHEREAS, The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), incorporated into the LL California Public Resources Code as Section 40000 et seq., has declared that it is in the public interest to authorize and require local agencies to make adequate provision for the disposal of Solid Waste within their jurisdictions; and c 0 c WHEREAS, City and Contractor are mindful of the provisions of the laws 4 governing the safe collection, transport, recycling, and disposal of Solid Waste, N including AB 939 (as amended), the Resource Conservation and Recovery Act N ("RCRA"), and the Comprehensive Environmental Response, Compensation and o Liability Act ("CERCLA"). City and Contractor desire to leave no doubts as to their M respective roles and to memorialize that by entering into this Agreement. City is not N thereby becoming an "arranger' or a "generator' as those terms are used in CERCLA, and that it is Contractor, not City, who is "arranging for" the disposal, composting, and recycling of Recyclable Material which may contain hazardous substances; and further d to confirm that Contractor has agreed to indemnify the City in connection with any d claims relating to the inadvertent or intentional disposal of hazardous materials that may a occur in connection with Contractor's performance under this Agreement. r WHEREAS, City and Contractor understand and agree that it is Contractor, and o not City, who will take title to the Recyclable Materials, that City has not, and, by this c Agreement does not, instruct Contractor on its methods of performing the duties under v this Agreement. Any title in and to such Recyclable Materials that otherwise might exist in or with City in the absence of this Agreement is hereby transferred to Contractor. WHEREAS, Contractor has agreed, as part of this Agreement, to provide such m' services as are necessary to ensure City complies with the requirements of Public N Resources Code Section 40000, et seq. 0 WHEREAS, City proposes to have Contractor perform the services described in N the City's Request for Proposal and incorporated herein by reference; and E r WHEREAS, Contractor represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all a necessary licenses to practice and perform the services herein contemplated; and 1 Professional Services Agreement For Processing Recycling Materials 9-21-2011 Final PacketPg. 199 7.M.g 2011-285 WHEREAS, City and Contractor desire to contract for specific services in connection with the Recycling of Recyclable Materials and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and WHEREAS, no official or employee of City has a financial interest, within the o provisions of California Government Code, Sections 1090-1092, in the subject matter of d this Agreement. x w NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: '- SECTION 1.00 RECITALS N ns The Parties acknowledge the above recitals are true and correct and incorporate them herein as if they were fully restated. a LL SECTION 2.00 DEFINITIONS , Whenever any term used in this Agreement has been defined by Division 30, r- Part 1, Chapter 2 of the California Public Resources Code, or Chapter 8.24 of the City 0 of San Bernardino Municipal Code, the definition of such term set forth therein shall 2 apply unless the term is otherwise defined in this Agreement. The terms defined herein shall have the meaning set forth in this Agreement. Otherwise, the terms herein shall N have their ordinary meaning. 2.1 AB 939. "AB 939" shall mean the California Integrated Waste Management Act o of 1989, currently codified as California Public Resources Code Section 40000 et seq. as it may be amended from time to time. m 2.2 City. "City" means the City of San Bernardino, a municipal corporation. rn a 2.3 Contractor. "Contractor" shall mean Burrtec Waste Industries, Inc., the entity C entering this Agreement with the City, or any party permitted pursuant to the c terms hereof to become the successor or assignee thereof. 2 0 2.4 Effective Date. "Effective Date" shall mean November 1, 2011. m 2.5 Hazardous Waste. Hazardous Waste' means (i) all waste defined or characterized as hazardous waste by the federal Solid Waste Disposal Act (42 U.S.C. § 3251 et seq.), as amended, including the Resource Conservation and m Recovery Act of 1976 (42 U.S.C. § 6901 et seq.) and all future amendments N thereto, or regulations promulgated thereunder and (ii) all waste defined or characterized as hazardous waste by the principal agencies of the State of N California (including without limitation the Department of Health Services and the California Waste Management Board) having jurisdiction over hazardous waste generated by facilities within such state, provided that the term "Hazardous E U Waste": A. Is intended to mean and include those substances that are not normally expected to be disposed of by generally accepted sanitary landfill disposal 2 Professional Services Agreement For Processing Recycling Materials 9-21-2011 Final PacketPg. 200 2011-285 methods; B. Shall include radioactive wastes; and C. Shall be construed to have the broader, more encompassing definition co where there exists a conflict in the definitions employed by two or more governmental agencies having concurrent or overlapping jurisdiction over x hazardous waste. w m 2.6 Municipal Code. "Municipal Code" shall mean the "San Bernardino Municipal '- Code" of the City of San Bernardino 0 d N 2.7 Recycling. "Recycling" means the process of collecting and turning used 3 products, including, but not limited to, newspapers, cans, corrugated cardboard v and bottles, into new products by reprocessing or remanufacturing them. a LL 2.6 Recyclable Material. "Recyclable Material" or "Recyclables" shall mean all Solid Waste, garbage, trash, refuse, construction and demolition debris, and any other Solid Waste which is capable of being recycled. 0 C 2.9 RFP. "RFP" means the City's Request for Proposal attached hereto as Exhibit g in "A" and incorporated herein as though set forth in full. u N 2.10 Response. "Response" means Contractor's response to honor the terms of the o current agreement in place with Burbank Recycling Inc. to process curbside and commercial recycling and remit payments to the City based upon the overall N recycling percentage. c U 3.0. SERVICES PROVIDED BY CONTRACTOR E d d L 3.1 Scope of Services. Contractor shall provide the services described in a Contractor's Response. Specifically, Contractor shall collect City's recyclable material at a designated location, acceptable to the City, transport the material for processing at m c an approved recycling facility, and dispose of non-recyclable residue at an approved g County of San Bernardino disposal facility per the Waste Disposal Agreement. 0 N d Contractor will accept materials for recycling from the City's recycling Program serving single-family residences and commercial accounts. Contractor will provide a facility at the location specified below for Off-loading City m recycling trucks. The facility will be available to begin accepting materials by November N 1, 2011. The designated facilities are: 0 Burrtec Waste Industries, Inc. Burrtec Waste Industries, Inc. N 4658 Agua Mansa Road 5455 Industrial Parkway Riverside, CA 92509 San Bernardino, CA 92407 s U ni Unloading TimefTruck Turn-around Time—Each City recycling truck entering the a Contractor's facility shall have a maximum of 15 minutes turnaround time from the time the truck arrives at the facility until the time the truck exits the facility. The 15-minute 3 Professional Services Agreement For Processing Recycling Materials 9-2I-2011 Final Packet Pg. 201 7.M.g 2011-285 turnaround time shall apply under all circumstances. The Contractor shall either provide separate scales, ingress and egress from their facility or otherwise accommodate City vehicles to avoid queuing City vehicles behind self-haul trucks. o in C Contractor shall provide a means to avoid "stacking" of recycling trucks on public streets as they enter their facility(s). Contractor shall provide City trucks preference over the w general public to facilitate off-loading efficiencies and turn-around time. Accounting System —Contractor shall design an accounting system for all o Recyclable materials delivered by City trucks. The accounting system must be °: N developed by the Contractor and approved by the City prior to program start-up. 3 Commingled materials on City trucks shall be accounted for based on factors derived from periodic sampling, separate processing, or by other means as agreed to by the City, to establish factors for the percent of each material. LL LL The Contractor shall comply with all Federal, State and local regulations that apply to w recyclable materials delivered to them by City recycling trucks under the terms of this = agreement. 0 in 0 Unmarketable Materials — In no case shall the Contractor take any City delivered recyclable materials to a disposal facility unless permission in writing is provided by the w City on a load-by-load basis. If the Contractor can demonstrate that a material is not o marketable, such permission shall not be unreasonably withheld. This provision does M not apply to residue that is incidental to processing recyclables. N Contractor will provide for alternative off-loading methods in the event of reasonable v down —time due to repair and maintenance of equipment. Contractor shall maintain d adequate space to stockpile recyclable materials during such reasonable down time for d acceptance of material without a break in service. "Reasonable down time" shall be a defined as less than one day each operating month. m Contractor shall be responsible for disposal of residue from processing of City o recyclables at no charge to City and in compliance with the Waste Disposal Agreement. 0 N Contractor's facilities shall be open to receive materials from City trucks Monday 0: through Saturday, year round. Facilities shall be open to receive City materials from 6:30 a.m. to 5:00 p.m. m Contractor shall provide an area for tipping of City vehicles separate from the general public. Contractor shall provide spotting of City trucks in areas at their facility with tight N maneuverability. N Contractor shall allow the City's representatives to inspect their facilities during normal business hours to assure compliance with the service agreement. L U With the exception of what is recognized by the recycling industry as "residue" or a "contaminants", Contractor agrees to divert all materials from landfill delivered to them -rr by City recycling trucks. a Professional Services Agreement For Processing Recycling Materials 9-21-2011 Final Packet Pg. 202 7.M.g 2011-285 Contractor shall provide use of a phone to City employees in the event a City driver needs to contact their supervisor regarding City business. Contractor shall provide paved surfaces for all areas where City trucks will operate at o their facility. All ingress and egress from the Contractor's facility shall be paved. d Contractor shall make reasonable accommodations to provide tours of their facilities to W the public upon request by the City's representative. � N The City will not furnish facilities or equipment for this Agreement. o d 3.2 Equipment. Contractor shall furnish all labor, materials and equipment necessary to perform the services contemplated by this Agreement. c m 3.3. Professional Practices. All professional services to be provided by LL Contractor pursuant to this Agreement shall be provided by personnel experienced in W their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Contractors in similar circumstances in r accordance with sound professional practices. Contractor also warrants that it is familiar 0 with all laws that may affect its performance of this Agreement and shall advise City of `o any changes in any laws that may affect Contractor's performance of this Agreement. U N 3.4 Restriction on Manner of Collection. In order to ensure City complies with o the provisions of AB 939, and to accurately account for and report the amount of Solid Waste including Recyclable Material collected within the City Limits and processed, N recycled and/or disposed pursuant to this Agreement, City Recyclable Material shall not be commingled with any other Recyclable Material until City Recyclable Material has been weighed and/or accounted for in some other manner. E d 3.5 Pursuit and Management of Grants. Contractor shall assist City in a pursuing grants and other funding as may become available for recycling, public education and other recycling related programs. Contractor shall manage any such funding obtained, and implement any programs that may be funded, if requested to do `o so by City, and shall be entitled to compensation for such management services if the 1� funding in question may be utilized to so compensate Contractor. m IX 3.6. Warranty. Contractor warrants that it shall perform the services required m by this Agreement in compliance with all applicable Federal and California employment laws including but not limited to those laws related to minimum hours and wages; M occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and N local laws and ordinances applicable to the services required under this Agreement. c Contractor shall indemnify and hold harmless City from and against all claims, N demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered L against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor's performance under this Agreement. a 3.7. Non-discrimination. In performing this Agreement, Contractor shall not 5 Professional Services Agrament For Processing Recycling Materials 9-21-2011 Final PacketPg. 203 7.M.g 2011-285 engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section o 1735. c d X 3.8. Business License. Contractor/Consultant/Vendor warrants it possesses, w or shall obtain, and maintain during the term of this Agreement a business registration d certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, and any and '- all other licenses, permits, qualifications, insurance and approvals of whatever nature o that are legally required of contractor/consultants/vendor to practice its profession, skill or business. 9 3 3.9. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without a LL the prior written consent of City. Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor's sole cost and expense. 0 C 3.10 Duty to Notify City_ Contractor shall have a duty pursuant to this g Agreement to notify the City of any charges, accusations, or lawsuits commenced, filed, prosecuted, or instituted by the California Deparment of Resources, Recycling and N r _ Recovery (aka "CalRecycleo), the State of California, the Attorney General, and any o other similar regulatory agency. The duty to notify the City shall extend to and include M investigations by the applicable regulatory agency. N 4.0 CITY RESPONSIBLILITIES d E 0 4.1 Access to City Documents. City shall provide to Contractor access to all d information and documents in City's possession that are relevant and material with a respect to Contractor's performance of this Agreement. r 4.2 Access to City Owned Property. City will provide access to and make o provisions for Contractor to enter upon City-owned property as may be required by S Contractor to perform the services contemplated by this Agreement. 0 5.0. TERM, TERMINATION AND CURE 5.1. Term. This Agreement shall commence on the Effective Date and end on m December 31, 2012, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. Subject to the provisions herein, this Agreement may N be renewed for up to three (3) successive one (1) year terms. Such renewal will be o deemed automatic unless this Agreement is sooner terminated as provided for N hereinafter, or upon written notice of intent not to renew given by City at least 90 days m prior to the expiration of this Agreement, or any renewal period thereof. E U 5.2. Termination. The City reserves and has the right and privilege of a canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing thirty s Professional Services Agreement For Processing Recycling Materials 9-21-2011 Final Packet Pg. 204 _.. 7.M.g 2011-285 (30) days written notice to Contractor. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 5.3. Cure. In the event Contractor defaults in the performance of any of the o terms or conditions of this Agreement or fails to conform to the rules, and regulations, or any of the directions or instructions that may be properly made by City in the exercise of P X its powers, or fails, neglects or refuses to pay the consideration of any part thereof w within 30 days after the same shall become due, or becomes unable to fulfill its obligations under this Agreement, or defaults in the performance of any of the other - terms or provisions therein required, City shall have the following options without any o" further notice or authorization from Contractor, and its choice of any option shall in no way waive its rights to select any other option at any time. v 5.3.1 City may give Contractor notice of such default. If the Contractor @ does not cure said default within 30 days after it was first LL discovered (forthwith for a default involving any condition involving IX safety) or make reasonable progress to cure said default (reasonable progress to be determined at City's sole and absolute r- discretion), City may terminate this Agreement on a date of its 0 choice. °- N N 5.3.2 The acceptance of all or part of recycling revenues by City for any N period after a default shall not be deemed a waiver of any of these o options, nor a waiver of the default of any subsequent default of the same or any other term, covenant and condition. Any waiver by N City of a default on the part of Contract shall not be construed as, or constitute a waiver of, any subsequent default of the same or d any other term, covenant and condition. m FD 5.3.3 In the event City defaults in the performance of any of the terms or a conditions of this Agreement, and if a written notice of such default is issued to City by Contractor by registered mail, and if City does not cure said default within thirty (30) days of receipt of said notice 4 or makes reasonable progress in curing such default, then Contractor may immediately terminate this Agreement, and recover d at law any and all claims which may be due. IX U d 5A Compensation. In the event of early termination, Contractor shall pay City r compensation for all Recyclable Materials delivered by the City as of the date of m' termination. N 5.5 Documents. In the event of termination of this Agreement, all writings b prepared by Contractor in its performance of this Agreement including, but not limited N to, data, reports and materials as may have been accumulated by Contractor in the d performance of this Agreement, shall be delivered or otherwise made available to City E r within ten (10) days of Contractor's receipt of termination notice, at no cost to City. The term "writings" shall be construed to mean and include: handwriting, typewriting, a printing, photographing, electronic communication, and every other means of recording upon any tangible thing any form of communication or representation, including letter, Professional Services Agreement For Processing Recycling Materials 9-21-2011 Final Packet Pg. 205 7.M.g 2011-285 works, pictures, drawings, sounds, or symbols, or combinations thereof. City shall have full ownership and control of all such writings delivered by Contractor pursuant to this Agreement. 6.0. COMPENSATION AND ACCOUNTING q N G 6.1. Revenue Calculation. Revenue calculation shall be calculated as set x forth below: w Contractor will pay City $15 per ton less a 40% weight deduction for residual. Example: If the City delivers 1500 tons during a given month to Contractor the following year-one d calculation will apply: 1500 tons less 40% = 900 tons x $15 per ton = $13,500 net o payment. At the end of 60 days, a mutually audited waste characterization will be N performed that will potentially increase the Contractor payment to the City. If the said waste characterization demonstrates that the City's residual reduces to 30% or below, v the Contractor's payment to the City increases from $15 per ton to $20 per ton. If the said waste characterization demonstrates that the City's residual reduces to 25% or LL below, the Contractor's payment to the City increases from $15 per ton to $22.50 per T ton. If the said waste characterization demonstrates that the City's residual reduces to 20% or below, the Contractor's payment to the City increases from $15 per ton to $25 per ton. If the said waste characterization demonstrates that the City's residual reduces 0 to 15% or below, the Contractor's payment to the City increases from $15 per ton to $30 0 per ton. If the said waste characterization demonstrates that the City's residual reduces to 10% or below, the Contractor's payment to the City increases from $15 per ton to $40 N per ton. Quarterly waste characterizations and potential per ton price change will 'o r F happen upon mutual agreement by both parties. At no time during the contract will the M Contractor charge the City or increase the residual deduction to more than 40%. N c The parties agree that the characterization of 40% residue is material to this Agreement E and that the City relied on such characterization in entering into the Agreement. Contractor shall be responsible to perform periodic characterizations in accordance with a best management practices. The City's representatives shall observe any future characterizations. Any recalculation of revenue from subsequent characterizations shall R not result in the Contractor charging City for receipt of material, nor shall such o characterization cause the level of residue to exceed 40%. In no event, shall the value .2 of the City's material, net of residue disposed, be less than $zero ($0). 0 m 6.2 Payment to City. Contractor shall pay the Compensation for the preceding month to the City no later than thirty (30) calendar days from the end of each month. r Payments to the City will include California Redemption Value applicable to curbside I'n Recycling programs. N 6.3 Late Payments. Interest on amounts past due will be assessed at the rate o of 1.5% per month. N c 6.4 Monthly Summary Reports. Contractor will provide the City with a monthly E report on the overall amount of Recyclable Materials delivered by the City recycling trucks. Monthly Invoices shall reflect the established percentages of each commodity a type. Contractor shall submit the weight tickets and monthly summary report to the City within thirty (30) calendar days following the end of each month. l � B Professional Services Agreement For Processing Recycling Materials 9-21-2011 Final Packet Pg. 206 2011-285 6.5. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in the Response unless the City or its Project Manager, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall o be barred and are unenforceable. c d X 6.6. Records and Audits. Records of Contractor's services relating to this W Agreement shall be kept on a generally recognized accounting basis and shall be made Ell available to City or its Project Manager for inspection and/or audit at mutually - convenient times for a period of five (5) years from the commencement of this o Agreement. Contractor shall maintain books and accounts of all project related weights N by material type. Such records shall be available at all reasonable times for examination m by the City at the office of Contractor. 7.0. TIME OF PERFORMANCE LL LL 7.1. Commencement of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date c of this Agreement. 0 0 7.2. Excusable Delays. Neither party shall be responsible for delays or lack of 3 performance resulting from acts beyond the reasonable control of the party or parties. N Such acts shall include, but not be limited to, acts of God, fire, strikes, material o shortages, riots, acts of war, or any other conditions beyond the reasonable control of a party, o N 8.0. INSURANCE E d 8.1. Minimum Scope and Limits of Insurance. Contractor shall obtain and d maintain during the life of this Agreement all of the following insurance coverages: v c (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, 4 blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million ($1,000,000.00) Dollars per occurrence and Two Million ($2,000,000.00) Dollars, aggregate. r (b) Automobile liability for owned vehicles, hired, and non-owned m vehicles, with a policy limit of not less than One Million N ($1,000,000.00) Dollars, combined single limits, per occurrence and aggregate. N (c) Workers' compensation insurance as required by the State of California. E U A 8.2. Endorsements. The comprehensive general liability and automobile a liability insurance policies shall contain or be endorsed to contain the following provisions: s Professional Services Agreement For Processing Recycling Materials 9-21-2011 Final PacketPg. 207 7.M.g 2011-285 © (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." o N C (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice to is given to City." d (c) Other insurance: "Any other insurance maintained by the City of o San Bernardino shall be excess and not contributing with the insurance provided by this policy." A v 8.3. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described LL above, in a form and content approved by City, prior to performing any services under X this Agreement. U c 8.4. Non-limiting. Nothing in this Section shall be construed as limiting in any 0 way, the indemnification provision contained in this Agreement, or the extent to which o Contractor may be held responsible for payments of damages to persons or property. N 9.0, GENERAL PROVISIONS o M 9.1. Entire Agreement. This Agreement constitutes the entire Agreement o between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The E terms of this Agreement shall prevail over any inconsistent provision in any other d contract document appurtenant hereto, including exhibits to this Agreement. a 9.2. Representatives. The City Manager or his designee shall be the representative of City for purposes of this Agreement and may issue all consents, `o- approvals, directives and agreements on behalf of the City, called for by this 3 Agreement, except as otherwise expressly provided in this Agreement. °w d Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and r agreements on behalf of Contractor called for by this Agreement, except as otherwise m' expressly provided in this Agreement. N 9.3. Project Managers. City designates the Public Works Director to act as the o Project Manager to work directly with Contractor in the performance of this Agreement. N c m Contractor shall designate a Project Manager who shall represent it and E be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City. a 9.4. Notices. Any notices, documents, correspondence or other 10 Professional Services Agreement For Processing Recycling Materials 9-21-2011 Final Packet Pg. 208 7.M.g 2011-285 communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. If such communication is sent through regular United States mail, it shall be deemed served or delivered 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. In all other instances, notices, bills, and payments shall be deemed given at `o_ the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are given by giving notice pursuant to this x paragraph. w d IF TO CONTRACTOR: IF TO CITY: '- Burrtec Waste Industries, Inc., City of San Bernardino 0 9890 Cherry Ave, Public Works Director N Fontana, Ca 92324 300 North "D" Street R San Bernardino, CA 92418-0001 c m Attn: Michael Arreguin Attn: Nadeem Majaj LL 9.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the c opposing party all costs and expenses, including reasonable attorneys' fees, incurred by 0 the prevailing party in the exercise of any of its rights or remedies hereunder or the o enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and 3 expenses of the City Attorney and members of his office in enforcing this Agreement N shall be considered as "attorneys fees" for purposes of this Agreement. o ry 9.6. Governing Law. This Agreement shall be governed by and construed o under the laws of the State of California without regard to principles of conflict of laws. C N 9.7. Venue. The parties hereto agree that all actions or proceedings arising in d connection with this Agreement shall be tried and litigated either in the State courts d located in the County of San Bernardino, State of California or the U.S. District Court for a the Central District of California. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. C O 9.8. Assignment. Contractor shall not voluntarily or by operation of law assign, 3 transfer, sublet or encumber all or any part of Contractor's interest in this Agreement N without City's prior written consent. Any attempted assignment, transfer, subletting or 0: encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or c assignment shall release Contractor of Contractor's obligation to perform all other m' obligations to be performed by Contractor hereunder for the term of this Agreement. In the event of mutual agreement between the parties to sublet a portion of the services to N be performed pursuant to this Agreement, Contractor shall add the subcontractor as an o additional insured to Contractor's insurance policy and provide City with the insurance w endorsements prior to any work being performed by the subcontractor. Assignment d does not include printing or other customary reimbursable expenses that may be r provided in this Agreement. a 9.9. Indemnification and Hold Harmless. Contractor shall protect, defend, indemnify, save and hold harmless City and its elected and appointed officials, officers, 11 Professional Services Agreement For Processing Recycling Materials 9-21-2011 Final Packet Pg. 209 2011-285 and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims arising out of or in any way connected with the intentional or negligent acts, errors or omissions of Contractor, its employees and/or authorized agents or o subcontractors in the performance of this Agreement. c v X 9.10. Employment Indemnification. Contractor expressly waives all rights to w subrogation against City, its Officers, employees and volunteers for losses arising from d work performed by Contractor for City by expressly waiving Contractor's immunity for '- injuries to Contractor's employees and agrees that the obligation to indemnify, defend, o save and hold harmless provided for in this Agreement extends to claims brought by or N on behalf of any employee of Contractor. The parties mutually negotiate this waiver. R This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. a U. 9.11. Hazardous Substances Indemnification. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Contractor specifically agrees to and shall, to the maximum r extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, 0 c and hold City and its past and present officers, council members, employees, 4 consultants and agents (hereinafter "Indemnified Parties") harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, N liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and o all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, N monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of Contractor that: d d (a) results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in anyway obligated to investigate, 0 assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any c Hazardous Contaminant (as defined herein); or 4 .j (b) relates to material collected, transported, recycled, treated or disposed of by Contractor. m U d Contractor's obligations pursuant to this Section shall apply, without limitation, to: m (a) any Claims brought pursuant to or based on the provisions of the N Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 b U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter- s Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local a environmental statutory or regulatory provision; 12 Professional Services Agreement For Processing Recycling Materials 9-21-2011 Final Packet Pg. 2 00 7.M.g 2011-285 (b) any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Contractor of any facility; (c) any Claims based on or arising out of or alleged to be arising out of o the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Contractor; x W (d) any Claims based on or arising out of or alleged to be arising out of m any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement. o d The foregoing indemnity shall apply irrespective of the negligence or willful 3 misconduct of Contractor or any affiliate of Contractor. C For purposes of this Section, the term "Hazardous Contaminant" shall mean any LL "hazardous material," as that term is defined under California Health & Safety Code 0: Section 25501(1); any "hazardous substance," as that term is defined under California Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section c 9601(14) of the United States Code; any "hazardous waste," as that term is defined ° under Title 42, Section 6093(5) of the United States Code and under California Health & o Safety Code Section 25550(m); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to y California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined o petroleum product or any fraction or derivative thereof; and any asbestos or asbestos- ° containing material. The term "Hazardous Contaminant" shall also include any and all N amendments to the above-referenced statutory and regulatory provisions made before or after the date of execution of this Agreement. E The provisions of this Section shall not terminate or expire and shall survive the termination or expiration of this Agreement. a C 9.11. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall secure, at o his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and d other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. m 9.12 Public Records Act Disclosure. Contractor has been advised and is aware DO that all reports, documents, information and data including, but not limited to, computer N tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, b and provided to City may be subject to public disclosure as required by the California N Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, E as that term is defined in the California Government Code Section 6254.7, and which Contractor informs City of such "Trade Secret." "Confidential," or "Proprietary" status. a The City will endeavor to maintain as confidential all information obtained by it that is designated as proprietary. The City shall not, in any way, be liable or responsible for the 13 Professional Services Agreement For Processing Recycling Materials 9-21-2011 Final Packet Pg. 211 7.M.g 2011-285 [ disclosure of any such records including, without limitation, those so marked if it disclosure is deemed to be required by law or by order of the Court. 9.13. Confidentiality. All findings, reports, information and exhibits prepared or 2 assembled by Contractor in connection with the performance of its professional services o pursuant to this Agreement are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior consent of City. x w 9.14. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification d and/or explanation as may be required by the City's representative, regarding any o services rendered under this Agreement at no additional cost to City. In the event that N an error or omission attributable to Contractor occurs, then Contractor shall, at no cost m to City, p necessary 9 9 provide all necessa design drawings, estimates and other Contractor .� professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. LL 9.15. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect. c C 9.16. Order of Precedence. In the event of an inconsistency in this Agreement .0 and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If and to the extent this Agreement incorporates by reference any provision of the RFP or N the Response, such provision shall be deemed a part of this Agreement. Nevertheless, o if there is any conflict among the terms and conditions of this Agreement and those of v any such provision or provisions so incorporated by reference, this Agreement shall N govern over both the Response and the RFP and the Response shall govern over the C RFP. E d 9.17. Costs. Each party shall bear its own costs and fees incurred in the P preparation and negotiation of this Agreement and in the performance of its obligations a hereunder except as expressly provided herein. c 9.18. No Third Party Beneficiary Rights. This Agreement is entered into for the o sole benefit of City and Contractor and no other parties are intended to be direct or c incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. W v m 9.19. Headings.g Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain m or to be a full or accurate description of the content thereof and shall not in any way N affect the meaning or interpretation of this Agreement. 0 9.20. Construction. The parties have participated jointly in the negotiation and N drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed E as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the a authorship of any of the provisions of this Agreement. 14 Professional Services Agreement For Processing Recycling Materials 9-21-2011 Final Packet Pg. 212 7A.g 2011-285 9.21. Amendments. Only a written amendment executed by the parties hereto or their respective successors and assigns may amend this Agreement. 9.22. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against `o whom enforcement of a waiver is sought. The waiver of any right or remedy in respect r to any occurrence or event shall not be deemed a waiver of any right or remedy in x respect to any other occurrence or event, nor shall any waiver constitute a continuing w waiver. 9.24. Severability. If any provision of this Agreement is determined by a court of o competent jurisdiction to be unenforceable in any circumstance, such determination N shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. v c m 9.25. Counterparts. This Agreement may be executed in one or more a. counterparts, each of which shall be deemed an original. All counterparts shall be W T construed together and shall constitute one agreement. c 9.26. Corporate Authority. The persons executing this Agreement on behalf of 0 the parties hereto warrant that they are duly authorized to execute this Agreement on 0 behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. 0 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be v executed by and through their respective authorized officers, as of the date first above N written. d E v CITY OF SAN BERNARDINO, CONTRACTOR v m A municipal corporation a C m O Vatri . Morri s Mic I rreg in, a President o an Bernardino Bur a waste Industne v _ C Rachel G. Clark, City Clerk City of San Bernardino N APPROVED AS TO FORM: N c m �--� E s v James F. Penman, City Attorney a 15 Professional Services Agreement For Processing Recycling Materials 9-21-2011 Final Packet Pg. 213 7.M.h CITY OF a SAN BERNARDINO X W Request for Proposals for Residential & Commercial Solid Waste, Recyclable Materials, Organic Materials and Street Sweeping Services LL _a U c 0 a O N N V N_ 0 M 7 O N_ F LL Q J Q Z LLLL a W October 30, 2012 W N Q O J 0 U) m N LL 0 r U c m E s U N Q Packet Pg. 214 7.M.h c 0 N G d X W T L 2 0 N 10 V C a LL of a U c 0 c 0 .N N 7 V N_ 0 © M O F LL a 0 J a Z LL a LL W H N a J 0 V) m to LL 0 Y H U c v E r U t0 a Packet Pg. 215 TABLE OF CONTENTS o 0 C Section1—RFP Objective ......................................................................................................4 x Overview of the Request for Proposals ...................................................................................4 W Organizationof RFP................................................................................................................5 m City's Goals and Objectives.....................................................................................................5 c RightsReserved by the City.....................................................................................................6 LocalPreference ....................................................................................................................6 GeneralRFP Agreements........................................................................................................7 Processand Schedule.............................................................................................................7 R CL U. Section 2—Description of Current Services and Conditions....................................................9 T Description of Current Services...............................................................................................9 v CurrentBilling Process..........................................................................................................10 c CurrentRates.......................................................................................................................10 r 0 Current Tonnage Information................................................................................................12 a v Section3—Proposal Evaluation Criteria............................................................................... 14 0 Section4—Scope of Requested Servcies.............................................................................. 15 Scopeof Service...................................................................................................................15 t$" CollectionServices.........................................................................................................................15 LL StreetSweeping Services...............................................................................................................15 BulkyItem Services........................................................................................................................15 J AdditionalServices.........................................................................................................................15 a Z CityServices...................................................................................................................................16 M Public Education&Outreach.........................................................................................................16 a LL Billing..............................................................................................................................................16 W W Customer Service...........................................................................................................................16 U) Recyclable Materials Processing 16 OrganicMaterials Processing.........................................................................................................16 0 J Landfill Disposal Services...............................................................................................................16 y Offerof Employment.....................................................................................................................17 m U) City-Owned Equipment........................................................................................................17 LL O Alternative Fuel Vehicles......................................................................................................18 r City Fees18 t~—i Signing Fee (Alternative Proposal Only).........................................................................................18 Franchise Fees Alternative Proposal Only) 18 E Recyclable Materials Payment(Alternative Proposal Only) ..........................................................19 A Subcontractors....................................................................................................................19 a Municipal Code Revisions.....................................................................................................19 City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 1011 Recyclable Materials,Organic Materials and S i Packei 0j,216 b.7.M.h., Reimbursementof Procurement Costs..................................................................................19 c Section5—Proposal Requirements......................................................................................20 N ProposalOutline..................................................................................................................20 X w Section6—Proposal Submittal Process................................................................................ 30 Z, InterestedParties.................................................................................................................30 Step One—Written Questions.......................................................................................................30 p Step Two—Pre-Proposal Meeting and Subsequent Questions......................................................30 N Step Three—Proposal Submittal....................................................................................................31 Step Four—Clarification of Proposal Information..........................................................................32 Step Five—Proposal Evaluation.....................................................................................................32 a Step Six—City Council Selection of Preferred Proposers...............................................................32 � StepSeven—Negotiations.............................................................................................................32 T U ATTACHMENTS.................................................................................................................... 33 0 c Attachment 1—Finanical Proposal FORMS............................................................................33 0 N Attachment 2—Local Preference Certification Form..............................................................33 N 3 Attachment 3—Non-Collusion Affidavit................................................................................33 Attachment 4—City Owned Collection Equipment................................................................33 Attachment 5—Equipment Lease Information......................................................................33 0 Attachment 6—Current Rate Schedule.................................................................................33 a Attachment 7—City Service Locations..................................................................................33 Q Attachment 8—Business Plan for IWMD May 2008...............................................................33 0 J Q TABLE OF TABLES z Table1: Proposal Schedule...........................................................................................................................8 a Table 2: Current Service Operational Summa ry...........................................................................................9 LL cc Table 3—Residential Rates.........................................................................................................................10 w F Table 4: Current Rates—Front-Load Bin Refuse Service ............................................................................10 Q Table 5:Current Rates—Front-Load Compactor Refuse Service................................................................10 0 Table 6: Current Rates—Front-Load Commingled Packaging& Paper Recycling Service..........................11 zi O Table 7: Current Rates—Front-Load Green Waste &Organics Service......................................................11 m m Table 8: Current Rates—Open-Top or Compactor Roll-Off Refuse Service..............................................11 N LL Table 9: Current Rates—Roll-Off Open-Recycling Service..........................................................................11 O Table 10: Current Rates—Compactor Roll-Off Recycling Service...............................................................12 Table 11: Current Rates—Other Services...................................................................................................12 U Table 12:Annual Tonnage by Sector* ........................................................................................................12 E Table 13: Proposal Evaluation Criteria........................................................................................................14 Table 14:Current City Employees by Position............................................................................................17 to Table 15: Equipment to be Purchased from City 18 C City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 1012 Recyclable Materials,Organic Materials and St re g Packet Pg.217 '' C City of San Bernardino Request for Proposals for Residential & a .N C Commercial Solid Waste, Recyclable Materials, Organic Materials & K Street Sweeping Services The City of San Bernardino (City) is requesting proposals for the collection, processing,and disposal of ❑ m solid waste, recyclable material,and organic materials. Copies of this Request for Proposal (RFP) package and subsequent addenda may be obtained by emailing your request to: v c Sloan Vazquez, LLCaU info(@sloanvazquez.com 0 a. LL Before an award is made, proposers and their agents are strictly prohibited from contact with City >, staff and elected officials. If this condition is violated,the City may render the proposal non-responsive. C All questions regarding the RFP should be directed to Sloan Vazquez, LLC at info@sloanvazguez.com,or o c via facsimile to (714) 276-0625. o_ .y N 7 A pre-proposal meeting and walk-through will be held at 3:00 P.M. on November 6, 2012 at the City m of San Bernardino municipal service yard located at: v 0 234 South Mt.View Avenue San Bernardino,CA 92408. LL a The City will accept proposals received from proposers that do not attend the pre-proposal meeting. ❑ It is highly recommended, however, that interested parties attend the pre-proposal meeting. The z information provided, including questions asked and answered during the pre-proposal presentation 1+ and walk-through,will not be separately provided. a All proposals must be received prior to 3:00 p.m. on December 12, 2012. Proposals received will be w opened and recorded at that time. Postmarks will not be accepted as proof of receipt. Proposers shall mail or hand deliver proposal packages to the Office of the City Clerk at the following address: J 0 U) City of San Bernardino—City Hall m Office of the City Clerk a 300 North"Dr'Street,2nd Floor 0 San Bernardino,CA 92418 U c d E A non-refundable proposal fee in the amount of ten thousand dollars($10,000) must accompany all proposals.The proposal fee must be in the form of a cashier's or certified check payable and acceptable to the City of San Bernardino. City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre s Packet Pg.218 7.M.h © SECTION 1 - RFP OBJECTIVE These are extraordinary times for the City of San Bernardino.The City,experiencing the severe o economic impact of the housing/mortgage crisis and the recession,has found it necessary to file for bankruptcy.As such,the City has taken a serious, pragmatic approach to reorganization by examining x each City department, budgets,services provided, and the prospects for outsourcing some City services. w One of the City's most valuable assets is its Integrated Waste Management Division (IWMD).As such, m this Request for Proposals has been prepared with the intent to solicit proposals that will generate m ° significant short, and long-term financial benefit to the City, play a key role in the City's timely P N emergence from bankruptcy,and lay a solid financial footing upon which the City can build for the future. o s= m a OVERVIEW OF THE REQUEST FOR PROPOSALS LL The City of San Bernardino(City)currently provides solid waste, recyclable materials, and organic >, materials collection services to all of its residents and businesses.The City is considering franchising the c residential and commercial collection operations to one or more companies.Therefore,it is soliciting O c proposals from qualified companies interested in providing the solid waste, recyclable material,organic N materials collection services, and street sweeping services as described in Section 4 of this Request for 3 U Proposals(RFP). 'o This RFP covers residential and commercial solid waste, recyclable materials, and organic materials collection, processing and disposal services,and street sweeping services. In addition,the RFP covers N other services including billing, public education and outreach,and customer service. LL a This RFP provides the opportunity for proposers to offer two(2)separate proposals as follow; ° J a Reauired Proposal: Under the Required Proposal, the initial, primary term of the contract will be for ? LL seven(7)years.Services under the agreement will commence on or about February 4, 2013 and the a initial term of the agreement will expire on December 31, 2019.The Agreement may be extended at the LL sole discretion of the City in two (2) increments of five(5)years for a maximum term of w approximately 16 years and 11 months(including both the initial and extended terms). C The City seeks a single,annual lump-sum price for providing all of the services currently provided by the ° J City's Integrated Waste Management Division. In addition,the City seeks rental income for the use of 0 V) the City's collection and street sweeping equipment including vehicles,carts,and containers. M LL In the Required Proposal,the City seeks only the proposer's price for providing the services currently 0 r provided by the IWMD. Do not propose changes or enhancements. U Alternative Proposal(Optional): Under the Alternative Proposal,the term of the contract will be for d twenty(20)years with an automatic annual renewal.Services under this Alternative Proposal will E commence on February 4, 2013 and will terminate on its anniversary date,twenty(20)years after notice o M is given by the City to terminate the annual renewal clause of the contract.This Alternative Proposal is a optional.With an understanding of the City's current fiscal condition and objectives, proposers may City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2032 Recyclable Materials,Organic Materials and street 4 Packet Pg. 219 7 M.hy. offer an alternative proposal with all service changes and enhancements that the proposer deems appropriate. c y Rate Adjustment Methodology: Under the new agreement,the service component will be adjusted at 80%of the Consumer Price Index(CPI).The landfill component will be adjusted according to the actual w price change at the San Bernardino County Landifll System. Upon timely application by the contractor, the adjustment will occur automatically on January 1, beginning 2014.The contract rates for processing all materials will be established during contract negotiation and will be adjusted based on 80%of CPI. o m ORGANIZATION OF RFP This RFP is organized into the following sections: M a Section 1 summarizes the City's goals and objectives, describes the City's rights concerning the LL procurement process,and presents the procurement schedule. U Section 2 provides a description of the City service areas and a summary of the current services provided c by the City. o .y N Section 3 describes the type of criteria that may be used to evaluate proposals. N 0 Section 4 presents the scope of requested collection, processing,disposal, and street sweeping services. M a 0 Section 5 outlines the proposal submittal requirements. LL LL Section 6 describes the proposal submittal process. 0 The attachments to this RFP include proposal forms, and additional background information. a Z CITY'S GOALS AND OBJECTIVES a The City is interested in receiving proposals from companies that have demonstrated experience U. initiating and providing solid waste, recyclable materials,and organic materials collection, processing, uJ and disposal services,and street sweeping services comparable to those described in this RFP, under a a franchise agreement with a community comparable to the service area described in Section 5 of this 3 RFP.The City seeks contractors who place a high priority on customer service and the diversion of waste from landfill disposal,and have demonstrated significant diversion innovation and results through their y past and current diversion program development, implementation, public education, and on-going y operations. p The City's goals for future collection services are as follows: c~—i • Maximize the quality of services provided to customers; E • Fulfill its obligations to achieve the solid waste recycling and landfill diversion requirements of state law; a • Encourage superior services for all San Bernardino residences and businesses; City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2032 Recyclable Materials,Organic Materials and Sire 5 PacketPg.220 • Minimize street impact from collection vehicles; and, • To improve economic and operational efficiencies of all programs and services. 0 0 RIGHTS RESERVED BY THE CITY ,W d„ The City reserves the right, in its sole discretion,to pursue any or all of the following actions concerning w this RFP: • Select the proposal(s)that might not offer the lowest cost,but in the judgment of the City, are ❑ nevertheless deemed to offer the best value for the public and City; H M • Solicit subsequent requests for best and final offers; 3 • Negotiate for modification of any proposal,with mutual consent of proposer; • Award the agreement to one or more proposers; 0• LL • Award the agreement to a proposer(s)without further discussion or negotiation; T • Permit the timely correction of errors and waive any informality or minor irregularity from the v RFP; o • Issue addenda to the RFP; 0 N • Request additional information and/or clarification from the proposers; • Extend the deadline for submitting proposals; w 0 • Withdraw this RFP; M • Reject any or all proposals; c • Reject proposals that do not fully comply with the requirements detailed in this RFP,its attachments,addenda,or clarifications; QLL Q • Reject incomplete proposals;proposals containing errors,inconsistencies,false,inaccurate or Q misleading information;proposals not submitted with the proper quantity of copies; proposals —t Q not submitted with proper proposal fee;proposals submitted after the deadline;or proposals Z LL with other process or content errors or deficiencies; a • Re-advertise for proposals or issue subsequent requests for proposals for the same,similar,or U. related services; w • Amend the City of San Bernardino Municipal Code;and, • Take any other action it deems in the best interest of the City,its residents,and businesses. ❑ O LOCAL PREFERENCE In Under Executive Order 2003-1 Local Business Preference for Contractual Services,the City of San (n Bernardino provides for a local preference when evaluating proposals. p r The portion of the Executive Order pertinent to this RFP directs all Departments Heads to grant a 5%local t~—i business preference in Requests for Proposals for contractual services with a value in excess of$25,000 W which require approval by the Mayor and Common Council or the Community Development Commission, E r unless contrary to federal,state,or local law(such as contracts for the construction of public works projects)or unless contrary to the requirements mandated by the funding source for such contractual Q City of San Bernardino Request for proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre B PacketPg.221,..... services(such as federal government,which in most if not all cases, requires award to the lowest responsible bidder). c N For the purpose of granting a local business preference, "Local Business" shall mean a business m possessing a fixed office or distribution point with at least one owner or employee within the City of w San Bernardino, and possessing all valid and current permits and licenses required to transact such business, including, but not limited to a City Business Registration Certificate. > ❑ Proposers shall submit the Certification for Local Preference form,Attachment 2, with their proposal if ti they seek the benefit of local preference.The preference is waived if the Certification is not included in m the proposal. A a. GENERAL RFP AGREEMENTS LL This RFP does not constitute an agreement of any kind between the City and any proposer or company. r Any award of a contract shall be subject to the approval of the City Council. v c 0 This RFP does not obligate the City to accept any proposal, negotiate with any proposer,award an c agreement,or proceed with the development of any project or service described in response to this RFP. The City has no obligation to compensate any proposer for its expense of preparing its proposal and w participating in this procurement process. M R Submission of a proposal shall constitute acknowledgment, acceptance of and commitment to provide cli the proposed services in accordance with all the requirements described in this RFP, its attachments, LL addenda, or clarifications, unless an exception to specific RFP requirements are specifically expressed in writing in the proposal.The proposals are to be firm for a period of 180 days from the date the proposal ❑ J is submitted. Proposals may not be altered after submittal, except in response to City's request for z clarification. LL a The City shall have the right (but not the obligation) to perform an investigation and review of each LL proposer's ability to perform the work required. Each proposer must agree to cooperate with such w investigation. Such cooperation by proposers shall include, but not be limited to, the verification of the proposer's capability and experience in the provision of services and any other component of work, including the proposer's described facilities for the receipt, handling, processing,transformation, o transfer, and disposal of solid wastes that may be required under this procurement. to M U) The City will make an effort to ensure that addenda issued relating to this RFP are distributed to all LL 0 interested parties. It shall, however, be the proposer's responsibility to inquire as to whether addenda to the RFP have been issued. Upon issuance by the City or its consultant,all addenda are part of the t t proposal.All proposers must acknowledge receipt of all addenda in the Cover Letter of their proposals. E PROCESS AND SCHEDULE The key activities and completion dates for the procurement process are provided in Table 1. The a proposal submittal process is described in detail in Section 6. City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and "sea" PackefPg 222 7.M.h All questions regarding the RFP should be directed to Sloan Vazquez, LLC at info @sloanvazguez.com or faxed to the company at(714)276-0672. 0 U) C d Table 1: Proposal Schedule w ACTIVITY COMPLETION DATE Request for Proposals Available for Distribution October 30,2012 0 Pre-Proposal Meeting November 6,2012 Deadline to Submit Written Questions November 13, 2012 a City to Issue Final RFP Addenda and Responses to November 27, Questions 2012 a LL Proposers Submit Proposals December 4, 2012 Proposal Evaluations Complete(Including Interviews) December 18, 2012 0 City Completes Negotiations with Contractor January 11, 2013 r- City Approves Franchise Agreement January 21, 2013 2 N Contractor Commences Service February 4,2013 u, a The City reserves the right to adjust any part of this schedule at any time during the process.The City is c interested in commencing services on February 4, 2013.The City reserves the right to adjust the N implementation schedule if it is determined that a phased or delayed transition would be advantageous LL to the City or customers. < 0 J a Z LL LL a W W H a 0 J 0 In m W U. 0 Y H U c d E Z U a City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 1012 Recyclable Materials,Organic Materials and Street a Packet Pg. 223 7.M.h SECTION 2 - DESCRIPTION OF CURRENT SERVICES AND CONDITIONS The information presented in this section was obtained from the City's Public Works Department o and is presented for information purposes only. By submitting a proposal,the proposer agrees to indemnify and hold the City harmless from any claims of damages incurred by proposer for its reliance on x this data. Each proposer should take whatever steps it believes are necessary to reasonably determine w the actual service requirements of the City and understand service conditions in the City when preparing a proposal. o m DESCRIPTION OF CURRENT SERVICES The City currently provides collection service to all residential and most of the commercial bin-serviced, o and roll-off customers in the city.Some commercial customers are currently served by private m companies and are exempt from the requirement for municipal (City rendered)service for a term of LL years.'As currently authorized, all solid waste generators in the city will ultimately be served by the >, municipal,or successor,operation.An exception to the City's exclusive service provision is offered for v c residents or commercial businesses that require a service that is not offered by the city. In those cases, o c approved third-party vendors may provide the service.All residents have solid waste, recycling, and 4 .y green waste collection and are provided 96-gallon carts as the basic level of service for all three material streams. Commercial customers are served via the use of 2,3,4,and 6 cubic yard bins. Roll-off services 0 are provided through the use of 30,20,30 and 40 cubic yard roll-off boxes. M V Recycling collection service is provided weekly in 96-gallon carts to residential customers on the same N day as their garbage collection service. Green waste collection includes grass, leaves,weeds,sawdust, LL palm fronds, untreated wood,fruit and vegetables.Christmas trees are collected for recycling after the of holidays.The City also provides bulky item collection for residents. 0 a Z Table 2:Current Service Operational Summary LL Q. SECTOR ACCOUNTS REVENUE LL Residential 43,000 $11,532,304 Commercial 3,000 $12,509,717 G Recycling Revenue $164,828 3: Misc. $413,930 0 TOTAL $24,620,779 0 to M In U. All solid waste generators in the city are required to subscribe to solid waste collection services. All RFP o respondents should refer to the City's Municipal Code for specific solid waste rules and regulations. In U performance of duties under a new contract,the contractor shall comply with all applicable laws, c d E L 'The"grandfather"term for accounts now served by Burrtec Industries and Cal Disposal expires in May 2014.At that time,all solid waste generators in the City will be served by the City or its contractor.Currently Burrtec Q Industries collects 650-700 tons per month of commercial waste and generates revenues of approximately $100,000 per month.Cal Disposal data is not available but will be provided if it becomes available. City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre s =,;,g.124 regulations,ordinances,and codes of the federal,state, and local governments, including without limitation,the City of San Bernardino Municipal Code. 'c 0 N CURRENT BILLING PROCESS (D The City currently bills all of the residential and commercial customers served by the City. 1 i v CURRENT RATES The current rates for City-provided collection services are shown in Tables 3 through 11 below. The o d most recent rate adjustments took effect in 2008. m 3 C C M Table 3-Residential Rates LL m - T Service Monthly Rate c 3-Cart Service $22.84 r_ 0 Additional Black Cart(Refuse) $12.97 N Additional Green Cart(Yard Waste) $11.35 v Additional Blue Cart(Recycling) No Cost A Late Set Out $28.75 Bulky Item p/u charge per 15 Minutes $36.23 N Cart Replacement $74.75 LL LL Q O J Q Table 4:Current Rates-Front-Load Bin Refuse Service Z BIN SIZE NUMBER OF SERVICE DAYS PER WEEK EXTRA K CUBIC YARD 1 2 3 4 5 6 PICK-UP w 1-2 $112.10 $205.32 $304.44 $401.20 $495.60 $661.98 $25.28 ~ 3 $119.18 $225.56 $335.12 $440.14 $547.52 $840.16 $27.50 4 $130.98 $247.80 $364.62 $480.26 $595.90 $1,036.04 $30.11 p 6 $189.98 $362.26 $535.72 $713.90 $876.74 $1,041.94 $35.68 p Commercial Carts $108.68 /n m m LL O Y U Table 5:Current Rates-Front-Load Compactor Refuse Service c W BIN SIZE NUMBER OF SERVICE DAYS PER WEEK EXTRA E L CUBIC YARD 1 2 3 4 5 6 PICK-UP 2 $130.98 $246.44 $361.08 $476.72 $591.18 $786.35 $27.50 Q 3-4 $154.58 $287.92 $423.62 $553.42 $692.66 $952.12 $30.11 City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2032 Recyclable Materials,Organic Materials and S e 10 Packet Qg.225 7.M.h c Table 6:Current Rates-Front-Load Commingled Packaging& Paper Recycling Service g N C BIN SIZE NUMBER OF SERVICE DAYS PER WEEK EXTRA x CUBIC YARD 1 2 3 4 5 6 PICK-UP w T 1-6 $41.50 $83.00 $124.50 $166.50 $208.00 N/A N/A m N N Table 7:Current Rates-Front-Load Green Waste&Organics Service o s= BIN SIZE NUMBER OF SERVICE DAYS PER WEEK EXTRA a LL CUBIC YARD 1 2 3 4 5 6 PICK-UP m 1-2 $107.38 $198.24 $291.46 $384.68 $476.72 N/A $25.28 U 3 $114.46 $215.94 $316.24 $416.54 $515.66 N/A $27.50 a 4 $125.08 $232.46 $341.02 $450.76 $558.14 N/A $30.11 C 6 $143.96 $267.86 $394.12 $505.04 $641.92 N/A $35.68 w N 7 U N_ ❑ M V Table 8:Current Rates-Open-Top or Compactor Roll-Off Refuse Service' N F- CUBIC RATE WEIGHT G YARD LIMIT* o 10 $335.12 per pull+$44.65 per ton 2 TONS Q 20 $335.12 per pull+$44.65 per ton 5 TONS z 30 $335.12 per pull +$44.65 per ton 7 TONS LL 40 $335.12 per pull +$44.65 per ton 8 TONS LL w rn a Table 9:Current Rates-Roll-Off Open-Recycling Service ❑ J O CUBIC RATE WEIGHT to m YARD LIMIT* in LL 10 $335.12 per pull + Market rate per ton 2 TONS O 20 $335.12 per pull +Market rate per ton 5 TONS >_ 30 $335.12 per pull + Market rate per ton 7 TONS v 40 $335.12 per pull+ Market rate per ton 8 TONS E r U m Q City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre u Packet Pg. 226 Table 10:Current Rates—Compactor Roll-Off Recycling Service CUBIC WEIGHT o YARD RATE LIMIT* c m 10 $142.00 per Pull 2 TONS to 20 $142.00 per Pull 5 TONS Z 30 $142.00 per Pull 7 TONS v 40 $142.00 per Pull 8 TONS o *overweight loads are subject to a$36.54 per ton plus$12 per ton over the weight limit in addition to all other charges. y +Includes green waste,uncontaminated wood waste,or roll-off compactor for compostables Service. v c Table 11:Current Rates—Other Services ra Q. LL Description Rate Manual Collection for Small Business v c Materials must be bagged, boxed or $108.68 per month for 1 x per week. c bundled with a 60-lbs maximum weight. $108.68 per additional day per week. 3 Temporary Front-Load Bin Refuse Service Temporary 3 CY Bins for up to 7 calendar $69.00 a days. $27.50 per additional collection Lock $17.70 M v Bin Enclosure Cleaning $37.17 Bin Roll Out Service $67.26 LL Bulky Item Pick Up $36.23 Bin Steam Cleaning $133.34 p J Q Z LL CURRENT TONNAGE INFORMATION a The City currently takes all refuse to the County of San Bernardino landfill in Colton.Approximately 60% LL z of the residential recyclables are delivered to Jack's Disposal in San Bernardino for processing.40%of uJ the residential recyclables are delivered to Republic Services in Colton for processing.All of the City's a green waste is delivered to Republic Services in Colton. 0 J Table 12:Annual Tonnage by Sector* y m GREEN rn SECTOR REFUSE WASTE RECYCLING TOTAL LL O Residential 50,000 30,000 15,000 95,000 Commercial 65,000 100 1,000 66,100 c.> Industrial 35,000 500 5,000 40,500 c TOTAL TONS 150,000 30,600 21,000 201,600 E *This is the best available information at the time of RFP publication.It has not been validated. :°• Q City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre 1z "Pae1 Fg,227 The County Waste Disposal Agreement(WDA)expires December 31, 2012 and service under a new contract is expected to commence February 4, 2013 at which time the contractor will be responsible for the guarantee of disposal capacity throughout the term of the contract.The City requests proposals for N landfill services commencing February 4, 2013.The City will make an interim disposal arrangement for „mod, X the period between the expiration of the WDA and the commencement of the new contract. w d 0 m N R C R IL LL X U c 0 c 0 .y N 7 V N_ D M O N_ F LL a 0 J a Z LL IL LL W W F U) Q D J 0 N m N LL }0 F U c v E L V W Q City of San Bernardino Request Jar Proposals far Residential&Commercial Solid Waste, October 1012 Recyclable Materials,Organic Materials and Stre 13 Packet Pg.228"" 7.M.h SECTION 3 - PROPOSAL EVALUATION CRITERIA The City will review and evaluate all proposals deemed responsive.To receive proper consideration,the a proposal must meet the requirements of this RFP. The evaluation process will provide credit only for 0 those capabilities and advantages that are clearly stated in the written proposal(s). Advantages that are x not stated will not be considered in the evaluation process. w it d Proposers whose proposals include a significant failure to comply with the RFP may be dropped from the evaluation process. ° N The City's evaluation process may involve one or more representative from the City Council and Staff representatives from City Departments.The City may also include representative(s)from outside the ° c R City which may include attorneys,consultants,and/or employees from other Agencies. It is the intent of the City to objectively evaluate the proposals received.The assignment of a score to a particular qualitative element is necessarily subjective and may result in a range of scores from different c evaluators. The City currently anticipates using the following weighted evaluation criteria in that o c evaluation process. The City Council may, at its sole discretion, adjust the weighting of each of the N criteria at any time or consider other factors. a Table 13: Proposal Evaluation Criteria M V (. CRITERIA MAXIMUM SCORE %ofTOAL N Responsiveness to RFP Pass/Fail N/A LL Litigation &Regulatory History Pass/Fail N/A Financial Ability Pass/Fail N/A ° J Assumption of City Employees 150 15% z Proposer Qualifications&Experience 100 10% LL Local Employment 50 5% a LL Local Purchasing 50 5% W m Local Preference—Executive Order 50 5% w TOTAL QUALITATIVE SCORE 400 40% to a Financial Value 600 60% ° J TOTAL MAXIMUM SCORE 1000 100% 0 m rn Any award shall be based on the proposals judged as providing the best value in meeting the interest of O the City and the objectives of the project. U The City reserves the right to make the selection of proposer(s) based on any or all factors of value, whether quantitatively identifiable or not. E U N a City of San Bernardino Request for proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre „n 14 PaF6 - 229 7Mhr SECTION 4 - SCOPE OF REQUESTED SERVCIES The City is requesting proposals to provide residents and businesses with solid waste, recyclable c materials,organic materials collection,and street sweeping services commencing on or about February W 4, 2013, under two (2) separate scenarios, as described in Section 1—Overview of the request for P X proposals. w 4 m SCOPE OF SERVICE The franchised collection contractor shall have the exclusive right to collect solid waste, recyclable materials, and organic materials from all residential and commercial accounts, except for accounts currently served by Jack's Disposal and Cal Disposal under Grandfathered agreement which expires in 0 May 2014.The franchised collection contractor shall deposit all solid wastes at the facilities described in m its proposal. However,the City of San Bernardino shall maintain control of all waste streams (refuse, LL recycling, and organics)and may choose during the term of the Agreement to direct the materials to alternative sites.The costs or savings generated by directing the materials to different depositories will 0 c be negotiated before implementation. 0 c 0 COLLECTION SERVICES y The franchised collection contractor(s)shall collect solid waste, recyclable materials, and organic m materials from residential and commercial customers once per week, consistent with the requirements of the City's Municipal Code. a N_ STREET SWEEPING SERVICES F LL The City currently provides street sweeping services to 1,152 curb miles.Street sweeping will follow trash collection day. If proposed and approved by the City,contractor will be responsible for all costs c J associated with changing street sweeping service days, including street signage. z iz BULKY ITEM SERVICES a Each proposer must include, in its bid price,the provision of residential bulky item collection services,as LL follows; w to to a Each customer will be allowed to schedule up to four(4) on-call bulky item collections per calendar year. 3 At a minimum, such events shall include: an unlimited volume of general solid waste, recyclable materials, or organic materials; bulky items that are less than 200 pounds and seven feet in length 0 including furniture or appliances;solid waste, recyclable materials,and organic materials that are m U) properly bagged and contained; and,other salvageable materials such as clothing,toys,furniture,and LL 0 building supplies.The contractor shall provide the bulky item collection within seven (5) business days of the customer's request. v r c ADDITIONAL SERVICES E Under the Required Proposal, the franchised collection contractor will be expected to continue U providing all currently provided collection services. Proposers may propose service and financial a enhancements to currently provided services under theirAlternotive Proposal. City of San Bernardino Requestfor Proposals jar Residential&Commercial Solid Waste, October1011 Recyclable Materials,Organic Materials and S e is Packet Pg:230 ` >rM.h CITY SERVICES City facilities will be provided all collection services at"no charge." Service will be scheduled at a time mutually agreed upon by the contractor and the City. The cost of these services will be included in the y c overall rate structure to provide solid waste services. A list of locations for which City Service are to be d X provided is included as Attachment 7. w m PUBLIC EDUCATION&OUTREACH The franchised collection contractor shall be responsible for developing public education and outreach o m program in support of the City's solid waste, recycling, and waste diversion programs. Such education to and outreach program shall, at a minimum, include the types and amounts of education performed v currently by the City's solid waste division. r R IL BILLING � Under the new contract,the City will maintain responsibility for residential billing.The contractor will U assume responsibility for commercial billing. o C CUSTOMER SERVICE 0 .y The franchised collection contractor shall be responsible for performing all customer service activities consistent with the requirements of rendering the services described in the Scope of Work.Such —' 0 requirements include maintaining appropriate telephone and online systems to inform and interact with customers,the location and hours of availability of the customer service office, and requirements N for documenting and resolving service complaints. F LL RECYCLABLE MATERIALS PROCESSING O The franchised collection contractor will be expected to provide recyclable materials processing and a marketing services as part of the agreement. The franchised collection contractor may use its z processing site or a subcontractor's processing site to process and market recyclable materials. Under LL the Required Proposal, all revenue from the sale of recyclables shall be retained by the contractor. LL Under the Alternative Proposal, the selected contractor will be expected to remit a payment to the w City based upon a proposal percentage of the gross receipts from the sale of all recovered recyclables (Attachment 1). 3 0 J ORGANIC MATERIALS PROCESSING N The franchised collection contractor will be expected to provide organic materials processing and m marketing services as part of the agreement.At a minimum, organic materials collected under this LL agreement shall include those materials currently accepted in the City's green waste program. LANDFILL DISPOSAL SERVICES U Proposers are asked to submit pricing for the disposal component of service commencing on February 4, E 2013 using the form provided in Attachment 1.The contractor must guarantee disposal capacity for the s U City of San Bernardino throughout the full term of the Agreement. a City of Son Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre 16 Packet Pg.231 7.M.h OFFER OF EMPLOYMENT The contractor shall offer employment to displaced employees of the City's Integrated Waste Management Division (IWMD).That offer of employment may be limited to the employees who 2 c successfully pass contractor's pre-employment DMV background check and drug screening. On the to X commencement date of the agreement,contractor shall employ the City employees that accept the W contractor's employment offer and shall guarantee employment of such persons for a period of time d that is proposed by the contractor and approved by the City, unless the contractor terminates an employee for cause.Table 14 lists the current number of employees in each position within the City's IWMD. m Table 14:Current City Employees by Position to a LL BASE TOTAL ACTIVITY QUANTITY SALARY INCLUDING w BENEFITS O c Commercial r_ c IW Operations Supervisor 2 128,400 179,356 w Senior 1W Operator 18 815,400 1,139,121 0 U IW Operator(Flex) 16 624,000 878,455 y Equipment Service Worker 2 86,200 121,256 °. M K O Residential N IW Operations Supervisor 2 128,400 174,220 LL Senior IW Operator 31 1,404,300 1,946,316 < IW Operator(Flex) 6 234,00 323,571 0 IW Field Inspector 1 55,900 76,973 z LL Street Sweeping a Lead Motor Sweeper 1 52,600 72,837 U. Operator w Motor Sweeper Operator 4 200,000 277,910 a 3 IW Division Manager 1 95,700 137,765 TOTAL 84 3,824,900 1 5,327,779 1 p N M to tl CITY-OWNED EQUIPMENT O On the commencement date of the agreement,the contractor shall,as permitted by current lease/loan >_ agreements,either rent or purchase,and take possession of the collection vehicles, residential carts, O bins and roll-off boxes owned by the City. If purchased,the contractor will be responsible for sales taxes d and any other costs associated with the transfer. Detailed equipment information to be rented or s U purchased by the new contractor is specified in Attachments 4 and S. =° a City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre 17 Packet Pg. 232 LM.h The City shall leave the carts and bins rented or purchased by the contractor at each customer's service location. 0 Proposers shall describe how they will re-brand the equipment to eliminate references to the City and c m replace them with the Contractor's name,telephone number,and website. w Table 15: Equipment to be Purchased from City EQUIPMENTTYPE UNITS m Front Loader 15 Side Loader 36 0 Rear Loader 2 Roll Off 11 LL LL Flatbed 2 Bin Truck 1 U Street Sweeper 6 0 TOTAL 73 c 0 .y H 7 Although the contractor is required to rent, and/or purchase, and take possession of the City's N equipment,the contractor is not obligated to use such collection equipment to provide the collection services after removing any City signage. If the contractor purchases the equipment,the contractor may c sell the collection equipment previously owned by the City or use such equipment to provide services in t� other jurisdictions. a Under the Required and Alternative Proposals,the contractor shall be required to rent the City's ° J equipment for a seven (7)year term, or purchase it. In either case,the contractor will be responsible for z maintenance and replacement of all equipment, as needed, during the term of the agreement. M a LL ALTERNATIVE FUEL VEHICLES w The City expects that the selected service provider will provide services using some form of clean air In vehicles in order to protect air quality.The City will consider proposals to utilize the City's existing fueling facility throughout the term of the agreement, provided that such facility is operational. ° J O CITY FEES to to U) SIGNING FEE(ALTERNATIVE PROPOSAL ONLY) LL O Contractor may propose a signing fee to be paid to the City immediately upon execution of the franchise F with the selected contractor. v c FRANCHISE FEES(ALTERNATIVE PROPOSAL ONLY) In consideration of the exclusive rights provided to contractor,contractor shall pay franchise fees to the v M City each month of actual gross revenues remitted by customers for collection services provided in the a City.The proposer shall propose a franchise fee percentage to be paid on gross receipts. City of Son Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre 18 Packe3gi..233 7MhM,' RECYCLABLE MATERIALS PAYMENT(ALTERNATIVE PROPOSAL ONLY) Contractor shall propose a recyclable materials payment to the City to be remitted based upon a proposed percentage of the gross receipts from the sale of all recyclables. H C d w SUBCONTRACTORS w Contractor may enter into agreements with subcontractors to provide services to customers requested y in the RFP subject to the prior written consent of the City.Agreements with the subcontractor(s) must meet the requirements of the level and type of insurance specified by the City. ° d N A MUNICIPAL CODE REVISIONS 3 The changes to the existing collection arrangements proposed by the City may require the revision of the r_ City's Municipal Code. For example,the City's Municipal Code will be revised to allow the City the right a. to franchise solid waste collection services. If required,the Municipal Code will be revised before the execution date of the new agreement. c 0 REIMBURSEMENT OF PROCUREMENT COSTS o The selected proposer will reimburse the City its actual procurement-related expenses (including, but N not limited to,consulting fees and legal fees). The procurement-related reimbursement payment will be w made by the selected proposer no later than the execution date of the agreement. The procurement- c related reimbursement expense is currently estimated to be$150,000. v 0 N_ F LL Q lr ° J Q Z M a LL !Y W H N Q O J O rn m to W O U C d E L U Q City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre 19 Packet eg: 334 ' °i 7.M.h SECTION 5 - PROPOSAL REQUIREMENTS This section includes an outline for the proposal as well as a description of the specific information to be c included in each section of the proposal. At a minimum,the proposer is to provide all information required in this section as part of its proposal. x U.] PROPOSAL OUTLINE The following outline shall be used by proposers when completing their proposals: 0 d i. Title Page ii. Cover Letter including company name,address, contact name, phone number,fax number, 3 and e-mail address,signature of the representative authorized to bind the proposing company,acknowledgment of receipt of all addenda. a iii. Table of Contents 0� Z. E.S. Executive Summary 1.0 Company Description c 1.1 Business Structure r_ 0 1.2 Description of Proposer's Experience w 1.3 Description of Proposer's Service Implementation Experience w 1.4 Information Regarding Litigation, Regulatory Actions,and Payment of Liquidated Damages v 0 1.5 Financial Information N 1.6 Key Personnel LL 1.7 Description of Current Labor Agreements 2.0 Technical Proposal—Required Proposal 2.1 Description of Solid Waste Collection Methodology z 2.2 Description of Recyclable Materials Collection Methodology LL 2.3 Description of Organic Materials Methodology LL 2.4 Description of Street Sweeping Services w 2.5 Implementation Plan a 2.6 Billing ?, 2.7 Customer Service Plan J 2.8 Offer of Employment 0 in 2.9 Environmental Considerations N 2.10 Public Education and Outreach Plan LL 2.11 Subcontractors y 3.0 Technical Proposal—Alternative Proposal v 4.0 Financial Proposal m 5.0 Anti-Collusion Affidavit E r 6.0 Certification for Local Preference(optional) M City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre 20 Packet Pg.235 7.M.h 1.0 Company Description 2 1.1 BUSINESS STRUCTURE w C d • Identify the legal entity(ies)that would execute the agreement. State whether each w entity is a sole proprietorship, partnership,corporation,or joint venture. Describe in detail the relationship of the proposer to the entity that will execute the '— agreement. If the proposer is a joint venture,describe where(if at all)the entities ° m have collaborated before. • State that proposer is authorized to do business in California. a • State the number of years the entity(ies)have been organized and doing business under this legal structure. Proposal should include all the names of proposer's(and ta, executing entities' if different than proposers) owners/stockholders with greater than a 10% holding and creditors owed a debt greater than 10%of the company's total assets. o c • Identify other entities with common ownership and/or management. 4 N N 3 1.2 DESCRIPTION OF PROPOSER'S EXPERIENCE 0 Describe the proposer's experience in providing similar services from three (3) jurisdictions in California. Proposers without municipal franchise experience will not be disqualified solely on N� that basis, however that lack of experience will be considered in the evaluation of proposer LL qualifications.The services provided to the reference jurisdictions should be similar to those being offered to San Bernardino. The description shall include: ° a Z • The service performed (i.e., solid waste collection, recyclable materials LL collection, and organic materials collection and processing); a LL • The jurisdiction where the activities were performed and commencement date w of the agreement; N • The name, address, and telephone number of each jurisdiction representative a 3 responsible for administering the agreement;and, ° J • The number of customers served,tons collected,tons diverted,and type (e.g., side N loading,front loading, roll-off)and number of vehicles dispatched per day for solid M waste, recyclable materials,and organic materials collection services. LL O 1.3 DESCRIPTION OF PROPOSERS SERVICE IMPLEMENTATION EXPERIENCE t~—i Describe how the proposer has previously handled the specific requirements for the E procurement of vehicles and personnel,training of personnel,transition of billing and fee collection services, determination of routes and operating procedures, delivery of containers, =° a City of Son Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre 21 Packet Pg. 236 7.M.h public education, and the preparation of procedures to ensure a smooth transition from one service providerto another and one type of service to another. 0 Also, include a minimum of three references for jurisdictions which the proposer has initiated a new service contract and/or new collection services. Describe the number of residential and X w commercial accounts for each reference. Summarize the proposer's implementation experience ?I d in those jurisdictions. 0 1.4 INFORMATION REGARDING LITIGATION, REGULATORY ACTIONS,AND PAYMENT OF a m LIQUIDATED DAMAGES a c Describe all past and pending civil, legal, regulatory,and criminal actions now pending or which o.. have occurred in the past ten years against key personnel (as identified by the proposer in � Section 1.6), osin ro ,and all subsidiaries owned b w p p g entity, y proposing entity. List the amount of U liquidated damages the proposing entity has paid, the name of the jurisdiction to which c 0 damages where paid,and the event(s)which triggered the damages. c 0 Proposer shall also describe all extraordinary events including:criminal wrong-doing;forfeitures; v payment of fines; liquidated damages, or assessments greater than $1 million; or, any o indictment or conviction involving (directly or indirectly)a public agency or public official. Descriptions of such extraordinary events shall be provided regardless of whether the incident o occurred in the last 10 years. U. LL The City may, in its sole discretion, reject proposals from companies with litigation that is current or has occurred in the past ten years with the City.The City may consider the circumstances and magnitude of such litigation in determining whether to accept or reject z proposals from such a company. 1L a LL 1.5 FINANCIAL INFORMATION r w r m 1.5.1 FINANCIAL STATEMENTS 0 Submit audited financial statements for the last three years, including balance sheet and O income statement. If proposer is a partnership or joint venture, individual audited m financial statements must be submitted for each general partner and the joint venture t� LL thereof. All such statements are to be prepared in accordance with Generally Accepted U Accounting Principles applied on a consistent basis and shall be audited in accordance U with Generally Accepted Auditing Standards by an Accountant certified in the State of c California and shall include a statement by the chief financial officer of the entity d E described in 1.1 above that there has been no material adverse change in such condition cri or operations as reflected in the submitted balance sheet and income statements since a the date on which they were prepared. In order to accurately determine the financial City of son Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2032 Recyclable Materials,Organic Materials and Stre 22 JwPiikk Pg.237 stability of the proposer,financial statements shall be provided individually or presented as a consolidated financial statement for all related parties to the entity contracting with the City. Failure to include one or more operating companies w c associated with common ownership may provide an incomplete understanding of the a) X proposer's debt levels,cash flow, profitability,or other key indicators required to w understand a company's financial health. Related party entities may include other companies providing indirect services under this agreement(e.g.,organic materials processor,trucking company,etc.)or may be a sister-or affiliate-company of the proposer which has common ownership. Should the City determine that financial statements are required for additional related party entities that are not included in the v original proposal; the City may find that the proposer is non-responsive to this RFP and m may disqualify the proposer on those grounds. LL T If financial statements are to be treated as "Confidential," mark them as "Confidential" j and provide the financial statements in a separate envelope with the proposal. o Confidential financial statements will be provided to the City's consultant and will not be o retained by the City.The City's Consultant will return such confidential financial N statements to the proposer within 30 days of the award of a contract resulting from this N RFP. M 0 1.5.2 FINANCING PLAN ° Describe the plan for financing all capital requirements in a "Sources and Uses of a Funds"format,which describes the sources of required capital (e.g., banks, leasing o companies,cash reserves, etc.) and uses (e.g., property, trucks, equipment, containers, Q reserves, etc.). Attach supporting documents(e.g., letters from banks or leasing LL companies)that demonstrate your ability to implement the financing plan. a LL 1.6 KEY PERSONNEL h (n Provide resumes, including names and phone numbers of municipal references,for the key proposed management team members (e.g., customer service manager,general manager, maintenance manager,operations manager,financial manager, public education specialist,etc.) y that will fill these positions. Indicate which positions should, in the opinion of the proposer,be 0° rn considered "key" in providing service of this nature. At a minimum, key personnel shall include LL the chief executive officer(CEO), chief financial officer(CFO), president,vice-president, F controller,general manager, operations manager, customer service manager, maintenance v manager,and public education specialist or other personnel with similar titles. If corporate management(e.g., CEO, CFO, etc.) will not be directly involved in this operation,such r information is not required. m City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre 23 Packet Pg. 238 1.7 LOCAL PURCHASING c Proposer shall describe their plans for purchasing goods and services required to perform 0 .N services under the agreement from other businesses in the City. Examples of such local 2 purchasing include truck supplies, maintenance services, office supplies, and other supporting w services and goods. m 1.8 LOCAL EMPLOYMENT d Y N Proposer shall describe the company's current and planned employment of residents of the City of San Bernardino. r c M a 2.0 Technical Proposal for Collection Services— Required Proposal LL _T In addition to specific information requested below, additional information is requested in the rate and v C cost proposal forms,which are described in Item 4.0 of this Section 5 and presented in Attachment 1. 0 c 0 2.1 SOLID WASTE COLLECTION v N Each proposer shall describe how it plans to perform the solid waste collection services o requested in the RFP. N N If the proposed methodology or equipment can be considered non-standard describe in detail F how this collection technology will work,why it was chosen for the City, and how it will benefit a and work in the City specifically. o J Q 2.2 RECYCLABLE MATERIALS Z The City requests proposals for the collection, processing, and marketing of recyclables materials from the City's residential customers. Recyclable materials to be collected must w include, at a minimum,currently collected in the City's program, but may be expanded to rn a include other materials acceptable to the recyclable materials processing facility at any time during the term of the agreement. o O to 2.2.1 COLLECTION y LL If the proposed methodology or equipment can be considered non-standard, describe O r in detail how this collection technology will work,why it was chosen for the City, and ~ U how it will benefit and work in the City specifically. c d 2.2.2 PROCESSING E U A r The following information is required for recyclable materials services: Q City of San Bernardino Request for Proposals far Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre 24 1 Packet Pg.239 0 k • Name and description of transfer and processing facility(ies) where recyclable materials will be handled, name of owner and operator of the ° facilit (ies ,copy of facilit (ies) p ermits, proof of permitted capacity, anticipated — c revenue per ton,tonnage commitment for the term of the agreement, and 2 X method of tracking tonnage if the facility is receiving tonnage from other W jurisdictions. m • If the proposer is not the owner/operator of the processing facility, provide a a) 0 letter of commitment specifying volume,term,and price(including method of adjustment) of the agreement,from the processing facility owner/operator. th a 2.2.3 MARKETING m a LL Each proposer shall describe its recyclable materials marketing plan, including the following information: v c 0 • Describe how proposer will handle fluctuations in quantity and quality of c 0 recyclable materials. y • Describe how proposer will respond to severe market demand and pricing v N fluctuations,which should address emergency storage of recyclable materials. o M v 2.3 ORGANIC MATERIALS r I.- The City requests proposals for the management of organic materials from the City's residential C customers. Proposers are asked to describe their experience with such programs and their plans p for implementing organics programs in San Bernardino. Q Z LL The proposal should describe the acceptable materials under the proposed program,as well as those materials which would be considered contaminants. The City reserves the right to accept, LL delay implementation,or reject organics proposals without effect to the rest of the proposal. F rn 2.3.1 COLLECTION Proposers shall describe how it plans to perform the services requested in the RFP. J Include at a minimum: y M • Plan for identifying contaminated loads prior to collection to ensure that y LL contamination is minimized to the greatest extent feasible prior to delivery at the O organic materials processing facility; U • Plan for minimizing contamination of organic materials and maximizing participation ; c in organics programs; E Z u If the proposed methodology or equipment can be considered non-standard, describe in detail how this collection technology will work, why it was chosen for the City, and how it Q will work in the City specifically. City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2011 Recyclable Materials,Organic Materials and St re . 25 Packet I? 7:M.h.. 2.3.2 PROCESSING c The following information is required for organic materials services: c d • Name and description of transfer and processing facility(ies)where organic x w materials will be handled, name of owner and operator of the facility(ies),copy of m facility(ies) permits, proof of permitted capacity, anticipated revenue/cost per ton, and tonnage commitment for the term of the agreement. o d • If the proposer is not the owner/operator of the processing facility, provide a letter M of commitment specifying volume,term,and price(including method of adjustment) R: of the agreement,from the processing facility owner/operator. r • Description of the types of acceptable materials to be collected. Describe the M LL benefits,limitations,contamination issues,and markets that will affect the program. _T U 2.3.3 MARKETING c c 0 Each proposer shall describe its organic materials marketing plan, including the w u, following information: a 0 • Describe how company will handle fluctuations in quantity and composition of M organic materials. o N • Describe how company will respond to severe market demand and pricing fluctuations,which should address emergency storage of organic materials. a 0 2.4 STREET SWEEPING SERVICES a z Each proposer shall describe how it plans to perform the street sweeping services requested in LL the RFP. W W w Specifically,information should address services. Include at a minimum: In a • Service methodology, including discussion of special methods for serving in 0 narrow streets,courts,and alleys; a Anticipated route and/or service day changes. to m U) 2.5 IMPLEMENTATION PLAN O F Provide an i mplementation plan describing the proposer's approach to facilitating a smooth U transition from City-provided collection services to contractor-provided collection services. The d proposal must clearly describe the proposer's ability to implementthe services in accordance E r with the schedule shown in Section 1 of this RFP. This should include how the proposer will R meet equipment, personnel, administration, customer service, billing, maintenance, and public a education requirements.The proposal shall include a schedule listing key events (i.e., public City of San Bernardino Request for proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Street 26 1 Facket Pg.241 education, employee hiring and training,etc.),duration,and expected completion date of each event. c 0 .y 2.6 BILLING aC X w The contractor shall be responsible for billing all commercial customers. To insure that d customers in the City obtain competent, professional,and courteous customer service with regard to billing matters each proposer shall: o v N • Describe how the proposer will work with the City to ensure the smooth and accurate transition of customer service and billing data.Such a description shall include o the requirements of data provided by the City, process for auditing and verifying the m a accuracy of data in the Contractor's system following the import of City data, and a LL detailed schedule identifying the timing of each responsibility of the City and Contractor. > • Describe how billing data will be regularly transmitted to the City on an automated 0 basis throughout the term of the agreement. • Provide sample of customer bills and a listing of jurisdictions where proposer N N currently provides billing services,including a contact name and phone number. N • Describe all acceptable payment methods. o • Describe contractor's approach, including frequency,for performing audits of service r7 levels and billing to ensure that all customers are being billed properly. N • Describe its procedures for dealing with customer service, with regards to customer LL billing demands,during the transition and throughout the term of the agreement. • Provide a description of proposer's experience with bad debt in other communities ° J where proposer currently provides service. Q z LL 2.7 CUSTOMER SERVICE PLAN a LL rY To ensure that customers in the City obtain competent, professional,and courteous customer W service each proposer shall: • Describe the location,in the City,where customer service operation will be housed. o • Specify the number of full time equivalent Customer Service Representatives(CSR)that vOi will serve the City. Describe how calls will be handled/reported, how many calls are Co expected per CSR, and describe any changes you will make to your current CSR LL O operation to accommodate the City. > • Describe procedures to satisfactorily respond to, record, and report common customer complaints. E r U N Q City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre 27 Packet Pg. 242 2.8 OFFER OF EMPLOYMENT c The City is interested in ensuring that the wages and benefits provided to any displaced °— .y employees are reasonable. Proposer shall describe a detailed explanation of their commitment Y to the City's Employees including whether or not their current compensation and benefits will w be continued and the other terms of their employment. m 2.9 ENVIRONMENTAL CONSIDERATIONS ° d V N Each proposer shall provide the following information: a C • Clean Air Vehicles: Describe contractor's plan for the maintenance of 0 a collection services using CNG or LNG fueled vehicles or some other technology LL resulting in similar or reduced air emissions. Y • Hazardous Waste Management: Describe procedures for identifying and handling rJ C hazardous waste disposed in the solid waste, recycling materials, and organic materials o c collected in the performance of these services. 2 N 7 V 2.10 PUBLIC EDUCATION AND OUTREACH PLAN The City places importance on effective public education and promotion as the key to helping o residents and businesses understand more about source reduction, reuse, and recycling. Each proposer shall describe the following services: a • Public education programs that will be implemented for the proposed recyclable ° J materials and organic materials programs. z • Experience preparing multi-lingual public education materials(preferably in English and LL Spanish). LL • Schedule and quantity of information that will be distributed (e.g., newsletters, Of w brochures,etc.). a • Public education and outreach staff or subcontractors qualifications, resumes, years of experience,and references. ° J • Samples of similar educational materials,which may have been used in other programs. N m N 2.11 SUBCONTRACTORS LL Each proposer shall identify all subcontractors by name, address, and federal tax ID number and v shall describe all services to be performed by any subcontractors. d E r U R w r Q City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre 28 Packet Pg.243 3.0 Technical Proposal —Alternative c Proposers are encouraged to submit an alternative proposal for service enhancements, innovations, or 0 .y revenue enhancements.There is no need to repeat any information that that has been described in Section 2.0 of the proposal, however, proposers are asked to provide a thorough description of any w component that is not included in the Required Proposal, including service and financial enhancements. m The term of this contract will be for twenty(20)years with an automatic annual renewal.Services under 0 this Alternative offer will commence on February 4, 2013 and will terminate on its anniversary date, H twenty(20)years after notice is given by the City to terminate the annual renewal clause of the contract. c LLR a 4.0 Financial Proposal T Proposers must complete a separate set of financial proposal forms (provided in Attachment 1)for the v c Required Proposal and for the Alternative Proposal. 0 c 0 5.0 Anti-Collusion Affidavit v N Each proposer shall complete, sign, and submit the Anti-Collusion Affidavit (Attachment 3). The Anti- Collusion Affidavit shall be part of the proposal. Proposers are cautioned that making a false e 0 certification may subject the certifier to criminal prosecution. LL LL 6.0 Certification for Local Preference 0 Each proposer shall complete and submit the Certification for Local Preference(Attachment 2), if they 4 seek the benefit of local preference. The Certification of Local Preference Form, if submitted, shall be a part of the proposal. Signing the proposal on the signature page thereof shall also constitute signature a LL of the Certification for Local Preference. Proposers are cautioned that making a false certification may W subject the certifier to criminal prosecution. Each proposer is encouraged to carefully review the City's y Municipal Code requirementsfor Local Preference. 0 J 0 0 m N LL }0 F U c v E r v R a City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 1011 Recyclable Materials,Organic Materials and Stre ' 29 - Packet Pg.244 SECTION 6 - PROPOSAL SUBMITTAL PROCESS Companies submitting proposals to the City shall follow the procedures described in this Section and the c procedures included in subsequent clarifications or addendums to this RFP, which are issued by the City U) or its consultant. 2 X w Each proposer shall carefully examine each term of this RFP; and each proposer shall judge all the m circumstances and conditions affecting their proposal. Failure on the part of any proposer to make > such examination and to investigate thoroughly shall not be grounds for any declaration that the ° m Y proposer did not understand the conditions of this RFP or claim excuse from performance. m 3 The proposer shall comply with all federal, state,or local laws, now in effect or hereafter promulgated, as which apply to the services and products herein specified. a LL 0: INTERESTED PARTIES Interested parties are directed to register with the City's consultant by signing in at the pre- proposal meeting or by email or fax notice to the City's consultant before November 13, 2012. a Interested parties will be contacted directly with any clarifications, addendum or other correspondence H N related to this process. Ol ° Sloan Vazquez, LLC M 18006 Skypark Circle, Suite 205 v 0 Irvine, CA 92614 Attn: Joe Sloan LL (866)241-4533 info @sloanvazquez.com ° J STEP ONE—WRITTEN QUESTIONS 2 The City directs proposers to submit all questions and requests for information in writing to its a consultant and refrain from contacting City employees.Therefore, any questions, requests for a clarification, or requests for additional information regarding the RFP should be submitted via email or W ul fax to the City's Consultant before November 13, 2012. In a STEP TWO—PRE-PROPOSAL MEETING AND SUBSEQUENT QUESTIONS ° A pre-proposal meeting will be held at the City of San Bernardino Public Works yard located at 234 Mt. :i O View,San Bernardino,CA on November 6, 2012.The City may, but is not obligated to,accept proposals to m received from proposers who do not attend the pre-proposal meeting. fA LL O Proposers shall submit written questions related to the RFP prior to the pre-proposal meeting via >_ email or fax to the City's Consultant as described in step one. In addition, oral and written questions v will be accepted at the pre-proposal meeting. v E As appropriate, preliminary oral responses will be provided at the conference. Written responses to all v A questions will be provided on or before November 27,2012. In the event of any inconsistencies a between oral and written responses,the written responses shall govern. Questions will not be City of San Bernardino Request for Proposols for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre 30 Packet Pg.245 accepted after November 13, 2012.Written requests for clarifications will be responded to in writing and shared with all interested proposers of record. 0 N STEP THREE-PROPOSAL SUBMITTAL d Proposers shall submit two bound copies and one unbound production-ready copy of the complete w proposal. In addition, electronic media (i.e., CD, DVD,flash drive,etc.)containing an electronic copy of m the proposal and of all completed rate and proposal forms(i.e.,forms provided in Attachment 1), in > Microsoft Excel format,shall be clearly marked and submitted in the sealed package. All pages shall be c m numbered. w R The package shall be sealed and clearly labeled: m PROPOSAL FOR SOLID WASTE, RECYCLABLE MATERIALS, LL ORGANIC MATERIALS, &STREET SWEEPING SERVICES >, FROM: U Name of Proposer: o Address: o Contact Person: Telephone No: Fax No. a Email: o M v 0 N The proposal may be mailed or hand delivered to: l- LL Q Office of the City Clerk J City of San Bernardino Q z 300 N D Street LL San Bernardino, CA 92418 0 LL W W H All proposals must be received prior to 3:00 p.m. on December 4, 2012. All proposals received will G be opened and recorded at that time.The time clock in the City Clerk's office will be the official clock 0 for documenting the time of proposal submittal. Postmarks will not be accepted as proof of M receipt. rn in N Proposals must be accompanied by a non-refundable proposal fee in the amount of ten thousand LL O dollars ($10,000) in the form of a cashier's or certified check, payable and acceptable to the City of San Bernardino.The proposal fee shall be submitted with the proposal in a separate, clearly labeled v envelope. c a E Proposals received by the City shall become the property of the City and are subject to public disclosure. v m The proposals will be available for review after completion of contract negotiations and G concurrent with the recommendation of the City Council to execute the contract. Note that City of San Bernardino Request for proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre 31 Packet Pg. 246 7.M.h e° price and cost proposal information shall become property of the City and subject to public disclosure as this information is necessary for the City Council to evaluate the value of proposals. 0 N STEP FOUR-CLARIFICATION OF PROPOSAL INFORMATION y Proposers may be asked to clarify information through writing, interviews,or site visits with City staff or w its consultant. Proposers shall cooperate with the City's request for such clarification.Proposers who do not cooperate with or who provide incomplete or ambiguous responses to requests for clarification may '- be deemed non-responsive. ❑ v N STEP FIVE-PROPOSAL EVALUATION The City will review all proposals that are deemed to have met the minimum qualifications of this 0 c process and are responsive to the requirements of this RFP.This evaluation will be based on the criteria a- described in Section 3 of this RFP. � _T STEP SIX-CITY COUNCIL SELECTION OF PREFERRED PROPOSERS U c The City Council will consider the staff recommendation. Based on the recommendation and the City 0 C Council's determination of the best value to the City,the City Council will direct staff to either execute .0 the draft franchise agreement or negotiate the final terms the specific proposer. The City Council may U also determine that there is not sufficient value provided to the City by privatizing the solid waste 0 collection operations and,in such a case,may reject all proposals. J� M `(\�✓' STEP SEVEN-NEGOTIATIONS N Based on the direction of the City Council,the City may enter into negotiations with one or more LL proposers. � J Should any preferred proposer be unable to execute an agreement with the City within 30 days of the z City Council's selection of a preferred proposer,the City may terminate negotiations with that proposer LL and enter into negotiations with one or more back-up proposers. LL of w to Q ❑ J 0 U) m to LL 0 F U d E r U m City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Stre 32 Packet Pg. 247 7�nn:h; ATTACHMENTS c 0 .y ATTACHMENT 1 -FINANICAL PROPOSAL FORMS c w x ATTACHMENT 2 -LOCAL PREFERENCE CERTIFICATION FORM w d ATTACHMENT 3 -NON-COLLUSION AFFIDAVIT y O ATTACHMENT 4-CITY OWNED COLLECTION EQUIPMENT w m ATTACHMENT 5 -EQUIPMENT LEASE INFORMATION a C ATTACHMENT 6-CURRENT RATE SCHEDULE 0. LL ATTACHMENT 7-CITY SERVICE LOCATIONS r v ATTACHMENT 8-BUSINESS PLAN FOR IWMD MAY 2008 0 C 0 N N 7 V V) M 7 O N F LL ¢ J a 2 LL a LL W N 0) a 3 0 J 0 y m N LL 0 H U c d E r v R City of Son Bernardino Requestfor Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials and Street 33 Packe p g.248. ATTACHMENT 1 FINANCIAL PROPOSAL FORMS o 0 C d K W [TO BE COMPLETED BEFORE DISTRIBUTION OF RFP] d z v N R C IL LL T U 0 0 C 0 .y N 7 V _N O N F LL a z ❑ a z LL LL a W W F N Q ❑ J O Cl) M V) LL O Y H U r c d E r v 0 « a City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials,&Street Sweeping Services Page 1 of 1 I PaCket P 249 T,Mih. ATTACHMENT 2 0 0 .y Proposer's Name y x w r d CERTIFICATION FOR LOCAL PREFERENCE FOR SOLID WASTE,RECYCLABLE MATERIALS,ORGANIC MATERIALS AND STREET SWEEPING SERVICES m N fa We certify that we qualify as a local business pursuant to the City of San Bernardino's Executive Order c 2003-1 Local Business Preference for Contractual Services a LL Location of Business: Primary Office [ U c (Please provide street address, no P.O. Box) Branch Office [ ] 0 0 (Please mark as applicable) U N Address: o co v 0 N F Phone: a m 0 The undersigned proposer hereby declares under penalty of perjury that the information contained on z this Certification for Local Preference is correct and complete. 'a a LL W F Dated: a 0 J Signature v0) m rn LL Title 0 Y r U Proposers are cautioned that making a false certification may subject the certifying signatory to criminal prosecution. r v A City of San Bernardino Request for Proposals for Residential&Commercial October 2012 Solid Waste,Recyclable Materials,and Organ' Packet Pg.250 ATTACHMENT 2-LOCAL PREFERENCE EXECU 0 CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM 0 OFFICE OF THE MAYOR r 4) x w m 0 m N I m 3 TO: Fred Wilson, City Administrator m Gary Van Osdel,Executive Director,EDA a j LL All City and EDA Department Heads T ' a. FROM: Mayor Judith Valles o DATE: September 2,2003 .0 y , m 7 RE: EXECUTIVE ORDER 2003-I LOCAL BUSINESS PREFERENCE FOR c CONTRACTUAL SERVICES v COPIES: Council Members F City Attorney U. City Clerk City Treasurer Q Z LL San Bernardino Municipal Code Section 3.04.085(B)states: a LL "Contractual Services with a value in excess of twenty-five thousand dollars must be approved by the Mayor and Common Council pursuant to Requests For Proposals as authorized by the Mayor and Common Council." o J I believe that the City should provide local business preferences for contractual services with a value W in excess of$25,000 because of the following two findings: M in I A. Local businesses which seek to enter into service contracts with the o City of San Bernardino are at a competitive disadvantage with businesses from other areas because of certain higher administrative costs of doing business in the City(such as utility users' tax, etc.). E L U i N I Q City of San Bernardino 1 of 3 Request for Proposals for R j October 2012 Solid Waste,Recyclable Materials,Organic Mateirals,&St Packet Pg.251 ATTACHMENT 2-LOCAL PREFERENCE EXECU - wild I_ Executive Order 2003 _1 i September 2, 2003 Page 2 X x W I i" d B. The public interest would best be served by encouraging businesses to locate and remain in the City of San Bernardino through the provision of a minimal"good faith"preference to local businesses in the awarding of certain City contracts. A IL . A city's authority to grant preferences to local businesses in awarding city contracts has been � supported by federal courts of appeal: Associated General Contractors of California, Inc. v. City . and County of San Francisco, 813 Fed 2d 922(9th Cir. 1987); J.F. Shea Company,Inc. v. City of r c Chicago,992 Fed 2d 745 (7th Cir. 1993). o c 0 'y I Therefore, in my capacity as Mayor of this City and Chairperson of the Economic Development U Agency and by this Executive Order, I hereby: n 'c (1) Direct all Department Heads to grant a 5%local business preference v in Requests For Proposals for contractual services with a value in excess of$25,000 which require approval bythe Mayor and Common LL Council or the Community Development Commission, unless contrary to federal, state, or local law (such as contracts for the construction of public works projects) or unless contrary to the a requirements mandated by the funding source for such contractual z FL services (such as the federal government, which in most if not all a cases, requires award to the lowest responsible bidder). U w (2) Direct all Department Heads to grant a 5%local business preference for contractual services with a value of $25,000 or less, unless contrary to federal, state, or local law (such as contracts for the g construction of public works projects) or unless contrary to the 0 requirements mandated by the funding source for such contractual m I services (such as the federal government, which in most if not all w cases,requires award to the lowest responsible bidder). o r v v E L U fE i City of San Bernardino 2 of 3 Request for Proposals for R October 2012 Solid Waste, Recyclable Materials,Organic Mateirals,&St Packet Pg. 252 ................_. ATTACHMENT 2-LOCAL PREFERENCE EXECU Executive Order 2003 —1 September 2,2003 g Page 3 d W i N 01 (3) A "local business", for the purpose of granting a local business preference, shall mean a business possessing a fixed office or R distribution point with at least one owner or employee within the City of San Bernardino, and possessing all valid and current permits and licenses required to transact such business,including,but not limited 0. to a City Business Registration Certificate. T I (4) If any part or provision of this Order is in conflict or inconsistent with any applicable provision of federal,state,or local law,or is otherwise held to be r- I. invalid or unenforceable by any court of competent jurisdiction,such part or 2 provision shall be suspended and superseded by such applicable law,and the remainder of this Order shall not be affected thereby. �+ M I O i LLI Dated: 1 .2-0d�3 7u Valles z y r/Chairperson,Economic Development Agency LL " i IL j LL !Y Approved as to form F and legal content: rn a o I es F. Penman,City Attorney m to LL 0 H U c d E L I U ' @ I a i City of San Bernardino 3 of 3 Request for Proposals for R October 2012 Solid Waste, Recyclable Materials,Organic Mateirals,&St Packet Pg. 253 ,7.M.h OATTACH M ENT 3 c NON-COLLUSION AFFIDAVIT o .y C d K W Proposer's Name d 0 m N FOR: SOLID WASTE,RECYCLABLE MATERIALS,ORGANIC MATERIALS,AND STREET SWEEPING SERVICES v Proposer declares under penalty of perjury under the laws of the State of California that this proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, a association,organization or corporation;that such proposal is genuine and not collusive or sham;that T said Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or v sham proposal and has not directly or indirectly colluded,conspired, connived, or agreed with any o Proposer or anyone else to put in a sham proposal, or that anyone shall refrain from submitting a o proposal;that said Proposer has not in any manner directly or indirectly sought by agreement, communication, or conference with anyone to fix the proposal price of said Proposer or of any other w Proposer, or to fix any overhead, profit, or cost element of such proposal price,or of that of any other °. Proposer,or to secure any advantage against the public body awarding the Contract of anyone c interested in the proposed Contract;that all statements contained in such proposal are true,and further,that said Proposer has not directly or indirectly submitted his proposal price or any 4 breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid c and will not pay any fee in connection therewith,to any corporation, partnership, company, a association, organization, proposal depository, or to any member or agent thereof, or to any other z individual except to any person or persons as have a partnership or other financial interest with said u o_ Proposer in this general business. U. w w 3 0 J O N M co LL O The above Non-Collusion Affidavit is part of the proposal. Signing this proposal on the signature F page thereof shall also constitute signature of this Non-Collusion Affidavit. v c d E z U Proposers are cautioned that making a false certification may subject the certifier to criminal a { prosecution. City of San Bernardino Request for Proposals for Residential&Commercial October 2012 Solid Waste,Recyclable Materials,and Orga Packet Pg.254 4 asset# description date acaulred debt at 06130112 CITY OWN N 20070288(1)2007 AUTOCAR WX64 AUTO LOADER LABRIE,VIN SVCDC6RE57H2O5080 06 1012007 $ 67,900.41 T 20070289(1)2007 AUTOCAR WX64 AUTO LOADER LABRIE,VIN 5VCDC6RE97J205082 061012007 $ 67,900.41 20070290(1)2007 AUTOCAR WX64 AUTO LOADER LABRIE,VIN SVCDC6RE47H2O5085 06/012007 $ 67,900.41 20070285(1)S007 AUTOCAR WZ64 AUTO LOADER LABRIE,VIN 5VCDC6RE57H2O5077 06/012007 $ 67,900.65 1070286(1)2007 AUTOCAR WX64 AUTO LOADER LABRIE,VIN 5VCDC6RE37H2O5076 061012007 $ 67,900.65 )70287(1)2007 AUTOCAR WX64 AUTO LOADER LABRIE,VIN SVCDC6RE97H2O5079 O6 1012007 $ 67,900.65 j070281 (1)2007 AUTOCAR WX64 AUTO LOADER LABRIE,VIN SVCDC6RE77H2O5078 06/012007 $ 67,900.65 20080287(1)2007 AUTOCAR WX64 AUTO LOADER VIN 5VCDC6REX7H2O5088 07/012007 $ 67,900.65 20080282(1)2007 AUTOCAR WX64 AUTO LOADER VIN 5VCDCSRE77H2O5081 07/012007 $ 67,900.41 20080283(1)2007 AUTOCAR WX64 AUTO LOADER VIN 5VCDC6RE07H2O6083 071012007 $ 67,900.41 CO 20080284(1)2007 AUTOCAR WX64 AUTO LOADER VIN 5VCDC6RE27H2O5064 071012007 $ 67,900.41 20080285(1)2007 AUTOCAR WX64 AUTO LOADER VIN 5VCDC6RE67H2O5086 07/012007 $ 67,900.65 20080286(1)2007 AUTOCAR WX64 AUTO LOADER VIN 5VCDC6RE87H2O5087 07/012007 $ 67,900.65 d $ 882,707.00 lL 20080296(1)2008 AUTOCAR WXLL64 REAR LOADER VIN 5VCHC6LE28H2O6716 06/012008 $ 123,606.24 T 20080297(1)2008 AUTOCAR WXLL64 SIDE LOADER VIN 5VCDC6LE58H2O6725 06/012008 $ 146,820.94 20080298(1)2008 AUTOCAR WXLLS4 SIDE LOADER VIN 5VCD061.EX8H2O6722 061012008 $ 146,821.40 > 20080299(1)2008 AUTOCAR WXL1.64 SIDE LOADER VIN 5VCDC6LE98H2O6730 06/012008 $ 146,821.40 $ 564,069.98 p 20080291 (1)2008 AUTOCAR WXLL64 FRONT LOADER,VIN 5VCHC6LE88H2O6719 06/012008 $ 129,276.58 4) 20080292(1)2008 AUTOCAR WXLL64 FRONT LOADER,VIN 5VCHC6LE68H2O6718 06 1012008 $ 129,276.58 20080293(1)2008 AUTOCAR WXLL64 FRONT LOADER,VIN 5VCHC6LE48H2O6717 061012008 $ 129,276.58 20080294(1)2008 AUTOCAR WXLL64 ROLL OFF VIN 5VCHC6LE48H2O6720 06/012008 $ 104,204.90 20080295(1)2008 AUTOCAR WXLL64 ROLL OFF VIN 5VCHCBLE68H2O6721 06/012008 $ 104,205.36 r $ 596,240.00 m 20110038(1)2011 AUTOCAR ACX64 FRONT LOADER VIN 5VCACLLE1 BH211820 11/012010 $ 206,954.89 0- 20110039(1)2010 SCHWARZE MEOOOSE-CNG SWEEPER,SIN 10-M6CNG-0622 AND(1)STERLING ACl 11/012010 $ 235,305.02 LL 2011 0040(1)2008 AUTOCAR WXLL64 FRONT LOADER,VIN 5VCHC6LEX8H2O6740 111012010 $ 206,954.89 IX 20110041 (1)2011 AUTOCAR ACX64 ROLL OFF VIN 5VCACLLE5BH211819 111012010 $ 167,372.07 20110044(1)2011 AUTOCAR ACX64 AUTOMIZER VIN 5VCACRLE2BH211814 01/012011 $ 263,933.59 U 20110045(1)2011 AUTOCAR ACX64 SIDE LOADER VIN SVCACRLE9BH211812 01/012011 $ 263,933.59 C 20110046(1)2011 AUTOCAR ACX64 SIDE LOADER VIN 5VCACRLE6BH211816 01/012011 $ 263,933.59 20110047(1)2011 AUTOCAR ACX64 SIDE LOADER VIN SVCACRLEBBH211817 01/012011 $ 263,933.59 C O 20110048(1)2011 AUTOCAR ACX64 SIDE LOADER VIN 5VCACRLEXBH211818 01/012011 $ 263,933.59 •N 20110042(1)2011 AUTOCAR ACX64 AUTOMIZER VIN 5VCACRLEOBH211813 011012011 $ 263,933.59 20110043(1)2011 AUTOCAR ACX64 AUTOMIZER VIN 5VCACRLE4BH211815 01/012011 $ 263,933.59 U $ 2,664,122.00 20090203(1)2008 AUTOCAR WXLL64 W/LABRIE SIDELOADER VIN 5VCDC6LE38H2O6724 07/012008 $ 147,129.00 p 0090204(1)2008 AUTOCAR WXLL64 W/LABRIE SIDELOADER VIN 5VCDC6LE18H2O6723 07/012008 $ 147,129.00 1090205(1)2008 AUTOCAR WXLL64 W/LABRIE SIDELOADER VIN 5VCDC6LE78H2O6726 071012008 $ 147,129.00 M a \ 090209(1)2008 AUTOCAR WXLL64 VIN SVCDC6LE98H2O6727 13=12008 $ 147,129.00 -,c0090206(1)2008 AUTOCAR WXLL64 VIN 5VCDC6LEOBH2O6728 08/012008 $ 147,129.00 20090207(1)2008 AUTOCAR WXLL64 VIN 5VCDC6LE28H2O6729 081012008 $ 147,129.00 LL 20090208(1)2008 AUTOCAR WXLL64 VIN SVCDC6LE08H2O6731 08/012008 $ 147,129.00 LL $ 1,029,903.02 of 20100038(1)2010 AUTOCAR WXLL64 REAR LOADER VIN 5VCHC6LEX9H2O9672 08/012009 $ 162,645.11 p 20100043(1)2009 AUTOCAR WX64R SIDE LOADER VIN 5VCDC6LE99H2O9676 09/012009 $ 199,456.56 J 20100044(1)2009 AUTOCAR WX64R SIDE LOADER VIN 5VCDC6LE79H2O9675 09/012009 $ 199,456.56 Z 20100045(1)2009 AUTOCAR WX64R SIDE LOADER VIN 5VCDC6LE39H2O9673 09/012009 $ 199,456.56 20100046(1)2009 AUTOCAR WX64R SIDE LOADER VIN 5VCDC6LE59H2O9674 09/012009 $ 199,456.56 LL 20100047(1)2009 AUTOCAR WX64R SIDE LOADER VIN SVCDC6LE09H2O9677 101012009 $ 199,456.56 a 20100048(1)2009 AUTOCAR WX64R SIDE LOADER VIN 5VCDC6LE29H2O9678 101012009 $ 199,456.56 u_ 20100049(1)2009 AUTOCAR WX64R SIDE LOADER VIN 5VCDC6LE49H2O9679 10/012009 $ 199,456.66 IY $ 1,558,841.00 F 20100039(1)2010 AUTOCAR WXLL64 ROLL OFF VIN 5VCHC6LE99H2O9680 08/012009 $ 127,654.27 In 20100041 (1)2009 AUTOCAR WXLL64 FRONTLOADER VIN 5VCHC6LE69H2O9670 09/012009 $ 169,141.24 Q 20100042(1)2009 AUTOCAR WXLL64 FRONTLOADER VIN SVCHC6LE89H2O9671 091012009 $ 169,141.24 ?� 20100040(1)21109 AUTOCAR WXLLS4 FRONTLOADER VIN 5VCHC6LEX9H2O9669 091012009 $ 169,141.24 p $ 635,078.00 J 20070283(1)2007 AUTOCAR WX64 VIN 5VCDC6RE17H2O5075 06/012007 $ 55,186.01 p 20070279(1)2007 AUTOCAR WX64 VIN SVCDC6RE87H2O5073 06 1012007 $ 55,186.29 to 20070280(1)2007 AUTOCAR WX64 VIN 5VCDC6RE67H2O5072 06/012007 $ 55,186.29 DO 20070282(1)2007 AUTOCAR WX64 VIN 5VCDC6REX7H2O5074 06/012007 $ 55,186.01 in 20080280(1)2007 AUTOCAR WX64 FRONT LOADER VIN 5VCHC6RE67H2O5090 071012007 $ 69,899.70 LL 20080281 (1)2007 AUTOCAR WX64 FRONT LOADER VIN 5VCHC6RE87H2O5091 07/012007 $ 69,899.70 O $ 360,544.00 20070284(1)2007 SCHWARZE A-8000CNG SWEEPER 07-ABCNG-0078 SIN 49HXCP0097DX66289 061012007 $ 57,298.93 V 20080288(1)2007 SCHWARZE M-6000 VIN 2FZXCLOO28AZ60107 051012008 $ 57,197.53 20080289(1)2007 SCHWARZE M-6000 VIN 2FZXCL0008AZ60106 05/012008 $ 57,197.53 C $ 171,694.00 a) new Ford F-550 an 3928 $ 36,226.17 s new Ford F-550 an 3929 $ 40,164.06 new Ford F-550 sn 3927 $ 35,265.48 ;$ new Autocar side loader an 3108 $ 332,506.80 Q Autocar side loader sn 3109 $ 332,506.80 Autocar side loader sn 3104 $ 272,056.85 Autooar side loader sn 3105 $ 272,056.85 new Autocar roll off sn 3107 $ 213,515.05 new Schwarze broom sweeper vin H913 $ 282,559.92 $ 1,816,858.00 $ 10,280,057.00 PacketPg. 255 City of San BemaMino 1 of 1 Request for Proposals f al October 2012 Solid Waste, Recyclable Materials,Organic Materials,and Street Sweeping Services a1seM pue day Apo uo uo!ssnJS!p: E40Z) 1jtli10 lVNly-dj21 31SVM OIIOS 9S y0 Ally:auawy3ePy 0 t N � N n y Z Y u w n � a J F d N Z _60 W O`d a N N N N N N N N N N N N N N N N `m O 0 J J J J J J J J J J J J J J J J O W C C C C C C C C C C C C C C C C 22 N N N Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q W V z Q E E E E E E E E E E E E E E E E E ' 21 W N N N N N N N 0 0 0 0 0 0 0 0 0 0 y 0 N co N N N Na N N N N a 1Q _ y M V N 100 6 N N W m 0 100 00p1 rp O M O N 100 W N N yy m C m 14 O N 1ppp - C C6 m O ci n N 001 10+1 O In Cl r N V O A N d OI N O O) N A N N 0 OI 0 M 10 0 N 0 N n y i J T < C W H Q d y p N Cl N 0T) 0 C0 0 N npp N Q 0 � N N N N P � � N < N N C � N O N 0I 1�1 0 0 0 W 0 0 0 N O 0 f0 N n V 0 n M O) p N O n 0 N 0 O O A ap N N N O N N O oD O n 0 a0 0 N O 0 0 0' W M N N C aD W Cl m W 17 Ih n N 6 O O O C 0 9 Q y n N N N 0 0a1 N N 0 N 0 N N 01 (Ap y N 05 u0 Cq n0 C O V O N {Np M g N V m IN�I N O p R m A In 0 M M (O1pp 01 p0 N N t07 m N A N m m ' a0 V 0 0 0 0 O C O lL W � N U N N 0 0 u, C @ 2 10 ` v m -mg 9 o r o N 0 N q 0 ;O O O LL O N OI D N N p N C N r m O` y p y 0 N 6 fn L° IU '0 N LL U .F d U IL N O 9 O N O N 0 N F o O F N N N N yy n 0 O m N V O Z J IC 7G N N 6 V N —y L ny O a N Ul ry V O O — d O O Z `I Z 3: y LL' N N O O VI K LL' E LL K U N U N h # >)t E n @ 0 U ik 0 m E c a E m E W A J N V A N v y `y E E E J O >X N CyE Ip i2 N E J y Q Q 10 N N Q O W O Q N m 16 'd O Y Y (dJ U N J Y Y U Ip J y y N J N N O G C N N N O 2 C 0 N O C o 01 m U LL LL Z m m U LL d Z 01 U a Z N N N N N N N N t0 t0 t0 t0 n n A W a rn rn rn rn m m m m w w m a m m m 0 0 0 0 0 0 0 o 0 0 0 o 0 0 0 0 0 0 0 gq o 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o d d 0 0 0 0 0 0 0 O O o 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9 9 9 9 0 0 0 0 0S 0 05 05 05 05 n n M 0i O 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 O N 100 100 N N LQ i00 N N N N N N N N N 0 Z o 0 0 0 0 0 0 0 0 0 0 0 0 0 $ 0 0 `J Y Y Y Y Y Y Y Y Y Y Y Y 4 Y 4 4 E. o n n r A A r A A r A r n n n r r y N N N N N N N N N N N N N N N N m Q N N N N N N N N N N N N N N N N c N N N `OD 0 5 ATTACHMENT 6-CURRRENT RATE SCHEDULE etoi SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 7-M.h Customer Service Section 300 North aDa Street (5th Floor),San Bernardino,CA 92418 Phone:(909)384-5095 Fax:(909)384-7211 www.sbcitywater.org COMMERCIAL REFUSE RATES PLEASE CALL IN REQUEST FOR EXTRA PICK-UPS OR ON-CALL SERVICE NO LATER THAN 11.00 AM FOR SAME-DAY SERVICE C .N MANUAL COLLECTION FOR SMALL BUSINESSES 00) Manual collection of solid waste is available to small businesses that cannot be safely accessed by a service vehicle W --materials must be bagged,boxed or bundled with a 6D-Ibs maximum weight.The rate Is$108.68 per month for W once weekly service,and$108.68 per month for each additional day per week service. y TEMPORARY FRONT-LOAD BIN REFUSE SERVICEy Temporary 3 yard bins may be provided for up to 7 calendar days.The rate Is$69.00.Additional services may be ❑ provided upon prepayment at a rate of$2750 per collection service. w m FRONT-LOAD BIN REFUSE SERVICE BIN SIZE NUMBER OF SERVICE DAYS PER WEEK EXTRA PICKUP A CUBIC YARDS 1 2 3 4 5 6 IL 2 $112.10 $205.32 1 $304.44 $401.20 $495.60 5661.98 $2528 K 3 $119.18 $22556 $335.12 $440.14 $547.52 $840.16 527.50 T 4 $130.98 $247.80 $364.62 5480.26 1 $595.90 57,035.04 $30.11 6 $189.98 $36226 $535.72 $713.90 1 $876.74 $1,041.94 535.68 U C O r- 0 FRONT-LOAD COMPACTOR REFUSE SERVICE 'N N BIN SIZE NUMBER OF SERVICE DAYS PER WEEK EXTRA pICK-UP t�j CUBICYARDS 1 1 2 3 4 5 6 rA 2 5130.98 $245.44 5361.08 $476.72 5591.18 5786.35 527.50 ❑ 3-4 $154.58 5287.92 5423.62 $553.42 5692.66 $95112 1 $30.11 7 O N_ FRONT-LOAD CO-MINGLED PACKAGING&PAPER RECYCLING SERVICE (- NUMBER OF SERVICE DAYS PER WEEK BIN SIZE ON-CALL LL BIN SIZE EXTRA PICK-UP CUBIC YARDS 1 2 3 4 5 6 CUBICYARDS PICKUP RATES G 2-6 $41.50 $83.00 512450 $166.50 $208.00 WA 527.50 2 525.28 J 3 $27.50 Q 4 $30.11 Z 6 $35.68 LL LL LL W OPEN-TOP OR COMPACTOR ROLL-0FF REFUSE SERVICE Lu CUBIC WEIGHT OVER-WEIGHT to YARDS RATE LIMIT' TONNAGE REDTAG Q 10 5335.12 perpull+S44.65perton 2TONS 548.73 513750 0 20 5335.12 per pull+$44.65 perton STONS $48.73 $13750 J 30 $335.12 per pull+$44.65 per ton 7TDNS $48.73 $13750 N 40 $335.12perpull+544.65 per ton BTONS $48.73 S137.50 m N LL O ROLL-OFF OPEN-TOP RECYCLING&GREEN/UNCONTAMINATED WOOD WASTE SERVICE OR ROLL-0FF COMPACTOR COMPOSTABLES SERVICE COMPACTOR ROLL-OFF RECYCLING SERVICE CUBIC RATE GREEN WASTE UNCONTAMINATED WEIGHT RATE REDTAG CUBIC U YARDS TONNAGE WOOD TONNAGE LIMIT' REDTAG YARDS C 10 5335.12 per pull+544.65 per[on $3297 $25.00 2TONS $13750 10 5142.00 per pull $137.50 E 20 $335.12 perpull+$44.65 per[on $32.87 525.00 $TONS $13750 20 $142.00 per pull $13750 r 30 $335.12 per pull+$44.65 per ton $3227 $2100 7TONS $137.50 30 1$142.00 per pull $137.50 @ 40 $335.12 per pull+$44.65 per ton 532.87 $25.00 BTONS $13750 40 $142.00 per pull $13750 Q All rates arc the same for private and City-owned bins.The Qty provides only 2,3,4,6,10,20,30,60 rabic yard bins 'overweight loads will be charged at$36.73 per ton plus a 512.00 per ton penalty in addition in all other charges. Rates art effective January 1,;uxi as establishedln the CltyofSnn Bernardino Resolution]001443.Sldesm una de esfa tnbrmacbn en espanol,poryavar(lame alnumero/ndlcado a la ra6em de bpaglna City of San Bernardino 1 of 2 Request for Proposals for R October 12,2012 Solid Waste,Recyclable Materials,Organic Materials,&St Packet Pg.257 ATTACHMENT 6-CURRRENT RATE SCHEDULE Residential Services Service I Deposits Residential service Residential Carts 1 Full Set $22.84 a month $50 1 /7 y4 Slack cart $12.97 a month $75 if lock non a .Green Cart $11.35 a month Commercial Carts ,�'�M �. S Z Add. Blue Cart no cost $220 0" Late set out return trip $28.75 "t, c Bulky item /u with charge $36.23 er 15 minutes J / � 1 6 c 7 Da Special $69 r e 7 Day Special Extra P/U $27.50 x w Commercial Carts $108.68 a month Z Cart Replacement $74.75 each cart v O Bin Service d w Times a week 2 Yard Bin 3 Yard Bin 4 Yard Bin 6 Yard Bin 1 $112.10 $119.18 $130.98 $189.98 .o 2 $205.32 $225.56 $247.80 $362.26 3 $304.44 $335.12 $364.62 $535.72 LL 4 $401.20 $440.14 $480.26 $713.90 K 5 $495.60 $547.52 $595.90 $876.74 6 $661.98 $840.16 $1,036.04 $1,041.94 U Add. Pick Up $25.28 $27.50 $30.11 $35.68 0 Deposits $220 $240.00 $260.00 $380.00 0 .y N Bin Misc. Services v Lock $17.70 Bin Enclosure Cleaning $37.17 oil Out Service $67.26 M v Item P/U $36.23 r°.i Bin Steam Clean $133.34 F LL Rolloff Services Open Top or Compactor J Size 10 Yard 20 yard 30 yard 40 yard Z Rate 335.12 per 335.12 per 335.12 per 335.12 per LL pull+ pull+ pull+ pull+ a $44.65 per $44.65 per $44.65 per $44.65 per U. w Weight Limit 2 Tons 5 Ton 7 Tons 8 Tons Over Weight Tonnage $48.73 $48.73 $48.73 $48.73 Q Redtag $137.50 $137.50 $137.50 $137.50 Deposit $350.00 $350.00 $350.00 $350.00 J O U) Rolloff Misc.Services M Contamination Fee $59.00 N Standing or Roll Back Charge $135.70 LL O Steam Cleaning $133.34 >- Bin Repair per hour rate $66.91 H U Recycle Contamination $59.00 •; c N Front Load Co-Mingled Packaging&Paper Recycling r Times a Week Bin Size 1 2 3 41 5 Extra P/U Q 6 yard bins 1 $41.50 $83.00 $124.50 $166.50 $208.00 $27.50 F Compactor Roll-Off Recycling Service Bin Size lRate Redtag 10-40 yard I $142.00 $137.50 City of San Bernardino 2 of 2 y Request for Proposals for R ; ^paC�tBt, 25$ October 12,2012 Solid Waste,Recyclable Materials,Organic Materials,&St $;., 7.M.h ATTACHMENT7 c CITY SERVICE LOCATIONS o .y G d CUSTOMER NAME ADDRESS w Fire Department Central Fire Station#1 200 E 3`d Street d Fire Station#222 1201 W 9h Street o Fire Station#223 2121 N Medical Center Dr N Fire Station#224 2641 N E Street Fire Station#225 1640 W Kendall Dr Fire Station#226 1920 N Del Roas Ave a Fire Station#227 282 W 40"Street LL Fire Station#228 3398 E Highland Ave m T Fire Station#229 202 N Meridian Ave Fire Station#230 502 S Arrowhead Ave 0 Fire Station#231 450 E Vanderbilt Way o Fire Station#232 6085 N Palm Ave w N Fire Station#233 165 S Leland Norton Way Fire Department Automotive Shop 120 D Street o San Bernardino City Fire Department 24600 E Arrowhead Springs Police Department o Police Department 710 N D Street Police Pistol Ranch 1100 E Highland Ave San Bernardino PD 1834 S Business Center Dr a Of Animal Control 333 W Chandler PI J Mayor's Office a z Mayor's Office/City Wide 300 N D Street LL Mayor's Office/Nick Gonzale 14"&California n. Mayor's Office/Nick Gonzale 5673 N Acacia Ave Mayor's Office/Nick Gonzale E Harwick&Wier Rd W Mayor's Office/Nick Gonzale California&Baseline a Mayor's Office/Nick Gonzale 1567 W Kendall Dr Mayor's Office/Nick Gonzale N Palm Ave&Ohio Parks Department 0 Park&Recreation 1494 E Art Townsend Dr m Park&Recreation Department 1350 S E Street LL Parks& Recreation E Harwick&Weir Rd 0 Parks Department 234 S Mtn View Ave Parks Dept-T 234 S Mtn View Ave c) CID,TT, Parks Dept 8088 N Palm Ln Lytle Creek Park 300 S K Street E r Meadowbrook Park 5"'& Belle A Meadowbrook Park 2nd& Mt View Ave a Parks/Chilli Cook Off 689 S E Street City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials,&Street Sweeping Services Page 1 of 3 Packet Pg. 259 7.M.h Perris Hill Park 1100E Highland Ave Rio Vista Park 14"&California San RI Fields/Nicolson Park 2nd&Meridian °- Seccombe Park 5th& Lugo Ave Hernandez Community Center 222 N Lugo Ave x w Antil Garden Project 868 E 6m Street Johnson Hall 906 N Wilson Street > Meadow Nutrition Center 123 N Mtn View Ave o New Perris Hill Sen Center 780 E 21st Street Norton Neighborhood Center CFD 24424 E Monterey Ave m Ruben Campos 1717 W 5th Street Senior Citizens Ser Center 600 W 5th Street m Warner-Hodgedon Field 200 E 7th Street LL Little League Doty Field 40th&Waterman Ave U Melton Field 300 E 40"Street c 0 Del Road Little League Park Marshall/Mountain Ave C Civitan Little League Park Lynwood&Sterling Street w Carl Kar er Field#39 39"&Electric Palm Field 790 E 6"Street Mn Porterfield Little League 226 E 7th Street Blair Park 1466 W Marshall Blvd c Highland Fields North Arden&Pacific Highland Fields South Pacific&Arden LL Nicholson Community Center 2750 W 2nd Street a Guadalupe Field 8th&Western ° Gutierrez Field 14"&Mt Vernon a Ann Shirrells Park 1367 N California Street Z LL Ballard Field 1700 W 5th Street a Mill Community Center 503 E Central Ave LL Nunez Park 1717 W 5th Street LU Delman Heights Center 2969 N Flores Street a Wildwood Elks Field 500 E 401h Street 3: Post 777 Little League Marshall/Little Mtn ° J City Yard N Central Store/Yards 181 S Pershing Ave M Electrical Sho -T 182 S Sierra Way In LL City Garage 182 S Sierra Way o IWMD/Metal Bin Yard 234 S Mtn View Ave Paint Sho -T 231 S Pershing Ave Public Works Bldg 231 S Pershing Ave Refuse Yard/Warehouse-R 180 S Sierra Way r SB Electrical Dept 234 S Mtn View Ave r SB IWMD-Tires 234 Mtn View Ave a Street Department/Bull Pen 234 Mtn View Ave City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 1022 Recyclable Materials,Organic Materials,&Street Sweeping Services Page 2 of 3 Packet Pg. 260 7.M.h Street Department/Code Abatement 1455 W Temple Street Library c Feldhe m Central Library 555W6 Ih Street O- N Rowe Branch Library 108 E Marshall Blvd v Villasenor Branch Library 525 N Mt Vernon Blvd w Code Compliance T Code Compliance/Gerald 530 W 101h Street > Code Compliance/Jodi 1216 E Gould St A o m EDA Redevelopment Agency 1450 N Waterman Ave Soccer m Blast Soccer Field 3500 W Little League Dr LL California Youth Soccer Association 2500 E Pacific Street T w U Arrowhead Stadium 280 S E Street c 0 c Carousel Mall 4" &G Street w N U Route 66 N IWMD/Route 66 5"'& D Street IWMD/Route 66 2nd Street& Mtn View Ave o N City Hall 300 N D Street ~ LL Cemetery 7th&Sierra Way Q 0 J Miscellaneous ¢ San Bernardino Community Gardens 834 E 6"'Street Z LL Historical Heritage House 792 N D Street a Inland Regional 1150 S Tippecanoe Ave U. Los Padrinos Tippecanoe&Cooley Norton Airforce Base Gym 1554 E Art Townsend Dr y Roosevelt Bowl 1001 E Highland Ave Santa Claus Inc 824 E 6"'Street J Sturgis Auditorium 780 N E Street 0 M In LL 0 F U c d E r U N w Q City of San Bernardino Request for Proposals for Residential&Commercial Solid Waste, October 2012 Recyclable Materials,Organic Materials,&Street Sweeping Services Page 3 of 3 Packet;Pg.261 �. h ATTACHMENT 8-IWMD BUSINESS PLAN Business Plan for the o N Integrated Waste Management Division x W d D f��axDiy .• N VI r A �• LL T c 0 c ♦ o N 7 M a O N_ F LL Q K D Submitted to: Z U.LL a City of San Bernardino W Public Services Department 0 J 0 U) m N LL 0 H U May 2008 E .0 v A Consulting Group, Inc. Q K 3 Resources,Respect,Responsibility City of San Bernardino 1 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet Pg. 262 ATTACHMENT 8-IWMD BUSINESS PLAN 7.M,h C O N C d x w U m ❑ v N A L C R a LL ot U c 0 C O N N 7 V N ❑ Cl) O N h LL Q a J Q Z LL a LL Ix w F- U) Q ❑ J 0 U) m C0 LL Q } F U c d E s v m Y Q City of San Bernardino 2 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street .Packet Pg.26 ATTACHMENT 8-IWMD BUSINESS PLAN City of San Bernardino Cover IWM TABLE OF CONTENTS........................................................................................i Division H c Business x 1.0 BACKGROUND...............................................................................1 w PlanCD 2.0 APPROACH ....................................................................................2 m ° 3.0 LIMITATATIONS .............................................................................2 N A 4.0 FINDINGS AND RECOMMENDATIONS ........................................3 c 4.1 Findings ...................................................................................3 a LL w 4.2 Recommendations...................................................................4 w U 5.0 FINANCIAL PLAN .........................................................................14 c r- 5.1 Budget Projections.................................................................14 w N 7 5.2 Example FY 2008/09 Rates...................................................17 ° 5.3 Potential Revenue Enhancements and Cost Reductions.............................................................................18 N 5.4 Financial Model Assumptions ................................................19 U. 6.0 EXAMPLE IMPLEMENTATION STEPS........................................21 ° J Q Z LIST OF TABLES a LL Table 1 Projected Capital Needs For FY 08/09— FY 12/13.................14 w F Table 2 Cost for Additional Staff For FY 08/09.....................................15 a Table 3 Cost of Implementing Recommendations................................15 g J 0 Table 4 Projected Costs, Revenue and Rate Increases For rn FY 08/09— FY 12/13 ...............................................................16 u00i LL O Table 5 Example FY 2008/09 Monthly Rates.......................................17 y H Table 6 Cost Decreases and Revenue Increases From Implementing Recommendations............................................18 d E L Table 7 Line Of Business (LOB)Allocation Factors.............................20 Z. a Pagei City of San Bernardino 3 of 38 y Requests for Proposals for Resid packet P 264 October 2012 Solid Waste,Rec able Materials,Organic Materials,&Street 9• ATTACHMENT 8-IWMD BUSINESS PLAN .-h.v.: City of San Bernardino ,n' A This page intentionally left blank. I V m 0 0 N Business X Plan d 0 d W A r C A a. LL U c 0 c 0 N N V O cn el' 0 N_ h LL a 0 J a Z LL (L LL W H N Q O J 0 U) m rA LL 0 U c m E t v m !Z3 Page ii City of San Bernardino 4 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet Pg. 265 r„7.M.h ATTACHMENT 8-IWMD BUSINESS PLAN City of San Bernardino 1 .0 Background IWM a Division ° The City of San Bernardino Integrated Waste Management Division (Division) provides collection services to approximately 43,500 residential customers and d 3,500 commercial customers within the City. Residential solid waste, recycling Business w and yard waste collection services are provided weekly on a 4-day per week 10- Plan d hour per day schedule. Residential collection operates on a three-pass system, > where separate route drivers collect garbage, recyclables and green waste o materials (Separate Commodity Routes). Commercial collection services are d provided six days per week to provide service to commercial accounts. The City also provides a small amount of Commercial recycling and green waste collection services. m The Division had an annual budget of $24,600,000 for FY 07/08. The annual tai expenditures are split between residential and commercial services with W T approximately 52 percent of the costs going for residential services and 48 percent of the cost going to the commercial services. c The City of San Bernardino has approximately 100 employees that provide c residential, commercial, and roll-off collection services. Over the past two years, N the Division has begun the process of addressing current operational challenges, including: o • Purchased 20 new vehicles in FY 2006-07, c N • Purchasing 17 additional vehicles in FY 2007-08; ILL I- • Tracking and improving the following items: • Department overtime; o J • Sick Time hours used by employees; z • Workers compensation claims; and I` • Liability claims. LL w • Constructed a liquefied natural gas (LNG) and compressed natural gas y (CNG)fueling station; a 3 • Focusing resources on route efficiencies, accuracy of account information, o and establishing improved enforcement of the Division's policies and 0 procedures related to waste collection; and rn W • Revising the City's Refuse and Solid Waste Division Code. LL 0 At the same time, the Division is facing several longer term issues: h U • Arranging for disposal of approximately 200,000 tons of solid waste currently disposed at the Colton Landfill after December 31, 2012, when E the San Bernardino County Waste Delivery Agreement (WDA) expires. r C • Providing for all temporary bin services after the expiration of the �� w agreements with the two franchise waste haulers that compete with the a City for temporary bin services; Page 1 City of San Bernardino 5 of 38 Request for Proposals for Resid - - October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Pa¢ket Pg. $ss ATTACHMENT 8-IWMD BUSINESS PLAN 7.Mh City of San Bernardino C • Addressing the need for customer rate increases or restructuring, given W M that customer rates have not been increased in four years; 0 Business • Addressing recommendations contained in the March of 2007, a City-wide Organizational Review: x Lu Plan o Preparing detailed business plan and rate study; ?I d • Identifying enterprise costs and potential cost savings of 4, contracting out; and ° d V N • Preparing bid specifications for residential and commercial services, and conducting a managed competition process. To address these current and future challenges, the City retained R3 Consulting a Inc. (R3) to prepare a Business Plan that addresses five major areas: 1) rate LL structures, 2) equipment needs, 3) staffing levels, 4) long range planning, and 5) Y the impact of managed competition. c 0 c 0 2.0 Approach N The Business Plan is intended to present a 5-Year work plan to guide the Division in its efforts to deliver high quality services in a cost-effective manner and to successfully compete with comparable utilities, both publicly and privately operated, in terms of efficiency, productivity, customer service and customer rates, and net financial impact on the City. LL 9 Our study involved a review of the Division's collection operations and support ° functions. As part of that review, we met with management, reviewed operational a Z information including productivity and vehicle availability data, observed LL collection activities in the field, conducted residential route time and motion a analyses, audited commercial accounts, and performed an analysis of current LL and projected residential solid waste collection productivity. While our review U.1 covered a range of issues, it was not intended to be a detailed review of any of a those specific issues, and we relied in part on management's representations of the Division's operations and results in developing our findings and o_ recommendations. u 0 fA m 3.0 Limitations o In determining if further action on our recommendations is warranted, the City should consider the following limitations of our review: v • A comprehensive management review of the City's solid waste operations r was not conducted; M Field observations were limited to three days; a Page 2 City of San Bernardino 6 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet Pg.267 ATTACHMENT 8-IWMD BUSINESS PLAN 7.M.h City of San Bernardino • A detailed financial analysis and/or cost-of-service study of the City's solid I W M waste operations was not performed; ^c • R3 was not able to independently verify the customer account data, off Business 0 route travel time, and container set-out data provided by the City; Plan X The projections used in this analysis are based on limited operational and w • Z, financial data received from the City. Because events and circumstances may not occur as expected, there will usually be differences between d projected and actual results, and those differences may be material. N A 4.0 Findings and Recommendations a. Our review of the Division's operations identified a number of management and LL w operational issues that impact the Division's ability to provide consistent high quality solid waste collection services to the City's residents and businesses. There is a combination of system and operational changes that will need to be c addressed by the Division to maintain ongoing operations. The major findings r_ 0 and recommendations to address these issues are listed below. w N 7 V N 4.1 Findings M The findings fall in three (3) major areas: o N 1. The Division operates as a "garbage" collection department with the F diversion of material through collection of recyclables and green waste as LL a secondary function. w a. Total residential, commercial, and C&D recycling diversion is 6.6% a of collected material. ? LL b. Total residential, commercial, and C&D green waste diversion is a 12.0% of collected material. LL c. Contamination of recyclables is between 40 - 50% of collected y material. Q 3 d. The Division has the potential to reduce annual cost through ❑ reductions in equipment, staffing adjustments, and technology improvements. rn m e. The Division can realize additional revenue through expanded W recycling programs, decreased recycling contamination, and o increased recovery of materials now lost in landfill loads. F 2. The Division does not have proper management systems in place to accurately identify service levels and bill customers, timely implement m service changes, and proactively manage its operations. E s v a. The Division can not provide an accurate accounting of current «° customers and service levels. ¢ Page 3 City of San Bernardino 7 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet Pg.266 ATTACHMENT 8-IWMD BUSINESS PLAN 7.M.h City of San Bernardino Cb. The Division's customer service and billing system is not tied to W M daily operations, service and billing changes are done on a '.paper" basis with limited ability to confirm if changes were made, w Business service inquiries are not tracked and tied back to route operations. a Plan c. Without an inventory of bins, carts and containers the Division w cannot manage its equipment properly; and the billing system d cannot accurately bill for actual service. Z d. Routes are unbalanced, with the number of stops/route/day ° w ranging from 800 to 1,400, and no accurate tracking of accounts and service levels. e. Approximately 30% of residential and commercial vehicles deliver C loads that are over 11 tons and potentially over the legal street a limit. T w f. Onboard truck scale systems and onboard vehicle tracking systems (GPS) are not used to monitor daily operations. o r- 3. The Division is significantly underfunded, in terms of capital replacement, a operating reserves, and operating revenue for residential cart services. v a. The Division has no capital or operating reserves. o b. The Division needs capital expenditures of approximately $21 million over the next five years to replace old equipment and bring N the Division up to service levels seen by other municipal or F privately run solid waste operations. LL Q c. Residential cart services is running a deficit of approximately $3.4 0 million/year. -' z d. It is unclear if temporary services is covering its costs due to W inaccurate revenue and operations tracking. a LL e. There is no established procedure to collect delinquent account a payment, and budgeted revenues do not reflect delinquency � experience. The Division does not use property tax liens for a delinquent payment collection. 0 J 4.2 Recommendations W N m There are recommendations that the City of San Bernardino should consider that LL will result in improving the operational and financial environment of the Division. O The recommendations are broken down by the following areas: U • Expenditure and Revenue Accounting; c d • Customer Service; r v • General Operations; a Z.5 Residential Services; Page 4 Oct of San Bernardino 8 of 38 Request for Proposals for Street]October 2012 Solid Waste,Recyable Materials,Organic Materials a street '':°.Packet Pg.269 „r 7.M.h „ ATTACHMENT 8-IWMD BUSINESS PLAN City of San Bernardino • Commercial Services; IWM • Temporary Services; Business 2 • FY 2008/09 Budgets and Rates; and Plan X • Privatization/Managed Competition. w w Expenditure and Revenue Accounting '- The Division should consider the following steps to improve the expenditures and revenue accounting: V;, 1. Establish all budgets on a Line-of-Business basis (LOB) - 1) residential, 2) commercial, 3) temporary services, 4) street sweeping. 5) City Services. z 2. Account for all revenue and expenses on a LOB basis. r U 3. Account for lease payments, capital purchases and capital reserve r_ 0 amounts on separate line items by LOB. c 4. Record tip fees by function (disposal, green waste, recycling, C&D). 3 v 5. Establish a capital acquisition reserve account of 10% for planned w future needs. M I 6. Establish an operating reserve account of 10% for unanticipated v operating changes. U. W 7. Adopt rate structures to generate revenue and cover expenses for each LOB. c J 8. Audit 100% of residential, commercial, and on-call accounts to z verify/identify service levels. a 9. Accept over the phone or on-line credit /debit card payments, and U. automatic payments. w 10. Require advance payment for temporary drop boxes via the CSRs (no a payment to drivers). 0 11. Establish a debt collection procedure, including tax liens for p delinquent accounts. fn m rn Customer Service U. 0 The Division should consider the following steps to improve the overall accuracy and efficiency of the Customer Information Service system: L) 1. Purchase an integrated Customer Information System (software and d hardware) for the Residential, Commercial, and Temporary services that r would handle the following: Ca. Account management; �� a Page 5 City of San Bernardino 9 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials &Street Packet Pg.270 ATTACHMENT 8-IWMD BUSINESS PLAN City of San Bernardino b. Billing; I W M c. Routing; o Business d. Dispatching; and v X Plan e. Reporting. W A sample list of companies that offer "off-the-shelf solid waste software systems > include RouteWare, Soft-Pak, Trux, EnCore, Waste Works and Desert Micro. o 2. Establish separate Customer Service Representatives (CSR) teams to N handle residential customers separately from Commercial and Temporary Customers. c m 3. Hire one (1) additional CSR to reduce the number of customers to CRSs a. to a ratio of 6,000:1 a 4. Hire two (2) Commercial Account Supervisor that will be responsible for all commercial accounts. o C 5. Establish a procedure to formally track all calls and service requests. ° N N 6. Hire Dispatchers (a.m. and p.m.) that receives and coordinates all Roll-off U and Commercial service request orders (SROs). o 7. Implement a "ride along" program for CRS to observe on-route operations. 8. Introduce real-time GIS/GPS vehicle monitoring, interfaced with radio LL frequency identification in all new bins, containers, and carts. 0 General Operations a z 1. Establish Best Management target productivity metrics: a. Residential 700 - 800 accounts per day (23 — 27 seconds per U. stop); W b. Commercial 80 - 100 lifts per day; a c. Temporary bin services 17 -20 pulls per day; o J d. Temporary roll-off services 8 - 10 pulls per day; o U) Cal e. Bin or roll-off drop/pull within one (1) business day; U) U. f. 30 seconds wait time on customer calls; 0 g. Call by 3:00 pm for the same day correction of missed collections; h. Closing work orders within two days (container repair or d replacement, billing error, property damage); and r C i. A maximum 2% delinquent accounts; x Page 6 City of San Bernardino 10 of 38 Request for Proposals for Resid October 2012 Solid Waste, Recyable Materials,Organic Materials,&Street Packet Pg. 271 ATTACHMENT 8-IWMD BUSINESS PLAN "t.M;h City of San Bernardino 2. Establish diversion standards lWM a. Residential recyclables diversion of 30% of total residential waste o stream; Business .7. Plan K b. Residential green waste diversion of 40% of total residential waste w stream; c. Commercial recyclables diversion of 30% of total commercial d waste stream; and ° m d. C&D diversion of 50% of the C&D waste stream (temporary services). C 3. Supervisors and drivers should review and monitor all current routes to a determine maximum load points and eliminate vehicle overweight's. LL T 4. Current accurate sequenced route sheets and maps are needed, with all new stops verified. c 5. All trucks that currently have "on-board scales" should be calibrated and o operational. 6. All drivers should be trained in the operation of the "on-board-scales" N ° 7. Establish and enforce a formal overweight policy. r; a 8. All driver paper work, dump tickets, and SRO's should be reviewed with N the drivers at the end of the day by the assigned supervisor or dispatcher. LL 9. Reconcile all driver tickets with tip fee tickets on a daily basis. ga ° 10. Unaccounted or lost tickets should be "recovered" the following day. Z 11. Overweight loads should be documented daily by the supervisor and 'LL driver to determine the cause and method of prevention. a LL 12. Implement on-board scale house readers. w w Residential Services a 3 The residential operations will benefit immediately from the better balancing o_ routes, emphasizing recycling and green waste services, and the use of a new � 0 software system. The Division should take the following actions: m m 1. Purchase and install GPS software and tracking devises for all residential LL collection vehicles. This should be directly tied to an integrated Customer 0 Information System. U 2. Audit all residential accounts to verify account information, and reconciled to accurate route sheets. E s 3. Re-balanced residential routes based on 8 hour work day, 5 days of collection and with established productivity requirements, and evenly Z 5 Page 7 City of San Bernardino 11 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet Pg.272 ATTACHMENT 8-IWMD BUSINESS PLAN 7.M.h City of San Bernardino balanced between garbage, recycling and green waste collection (650 - 1 W M 800 accounts/route). o 4. Provide route books and daily route logs to drivers to verify account data BUSIneSS and any requested changes. x W Plan 5. Reassign "Extra" commercial drivers to residential recycling and green m waste routes. > 6. Route residential routes to the closest disposal facility. ° LO d V 7. Reassign residential supervisors to be responsible for geographic areas rather than lines of business. c 8. Drivers should be held accountable for overweight loads, missed a collection, and driver caused damages. LL T 9. Focus on reducing recyclables and green waste contamination through on-route "cart" checks, increased public education efforts, "tagging" c contaminated carts, and pulling recycling and green waste carts from c habitual offenders. 2 N W a. The Division should consider conducting a recycling y characterization study to determine contamination levels and 'o evaluate opportunities for improvement. The characterization It should include landfill loads as well as recycling loads, to $ determine extent of lost recyclable and green materials. F LL b. The Division should consider renegotiating the current residential recycling processing agreement as contamination is ° reduced. a Z_ 10. Increase outreach and education for the recycling and green waste programs, using social marketing techniques. a LL fe 11. Provide continual training on collection techniques to reduce unintentional w damage to carts. a 12. Provide continual training on established procedures for issuing non- C3 collection notices, Service Request Orders ("SRO"), completing their daily D logs. U) m 13. Reduce vehicle spare ratios to 15%. rn LL 0 Commercial Services >_ h 1. Purchase and install GPS software and tracking devises for all commercial collection vehicles. d E 2. Enter all current customer information into new software system. Z U [Z5 3. Audit all commercial routes to verify account information, and reconciled a with the customer account system. Page 8 City of San Bernardino 12 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet Pg.273 . ATTACHMENT 8-IWMD BUSINESS PLAN 7xM.h City of San Bernardino 4. Include a complete bin inventory assessment as part of the route audit, IWM with procedures established to assure ongoing accuracy. 0 Business 5. Conduct commercial waste audits for all commercial accounts, identifying a recycling and organics rich accounts. Priority should be given to the 20% plan w largest commercial accounts in the first year(up to 500 total). m 6. Establish "select' commercial recycling and organics collection routes to accommodate high concentrations of recyclable and organics material. o m 7. Focus on reducing recyclables and green waste contamination through on-route "bin" checks, increased public education efforts, "tagging" contaminated bins, and pulling recycling bins from habitual offenders. 8. Coordinate drivers, supervisors, and transfer station personnel to work LL together to assure that select routes maintain high levels of diversion. T 9. Rebalance commercial routes with specific productivity standards c established, i. e., each route should be managed as a "profit center". (80 C c — 120/lifts/route). 4 N N 10. Minimize the number of two-man commercial routes and reassign the ,.extra" drivers to residential collection (est. 5 - 6 drivers). 0 11. Drivers should not collect overloaded bins, or from locations that require the driver to leave the truck to clear a path to the bin or place items in the N bin prior to collection. LL 12. All bin enclosures should be inspected to ensure access and safety. 0 13. Develop new bin enclosure standards to assure adequate collection a space for recycling, organics, and refuse; and to assure that new and z remodeled commercial developments provide adequate collection space. t` a. 14. Target 'clean" recycling loads, aggressively target contaminated LL recyclables for non collection, and conduct waste audits to increase Lu commercial recycling. rn Q 15. Identify opportunities and arrange for commercial food composting. 0 16. Establish and enforce additional charges for rejected recycling loads. p U) 17. Direct drivers not to collect contaminated commercial recycling bins. m U) 18. Hold drivers accountable for overweight loads, missed collection, and p driver caused damages. >_ 19. Retrain drivers to follow established procedures on issuing non-collection notices, SROs, completing their daily logs. 20. Reduce vehicle spare ratios should 10%. v m pp .. Page 9 City of San Bernardino 13 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Pack @t Pg:274. ?.7.M-h ATTACHMENT 8-IWMD BUSINESS PLAN IJ City of San Bernardino CTemporary Services l V V M The temporary account operations will benefit immediately from the use of the c Business new account supervisor, software system, and dispatcher. The Division should take the following actions: P X W Plan 1. Purchase and install GPS software and tracking devises for all temporary Z. collection vehicles (both roll-off and front loaders). > 2. Require all customers requesting temporary services to the CSR's to 0 request service. w d 3. Restrict Temporary Services to construction and demolition materials, and clean-ups. Temporary services should not be provided for regular c M scheduled collection of garbage. as�,/ 4. Base Temporary Services on a one (1) week service period. One (1) y, additional week "bin" rental can be requested at a set fee. All temporary L) drops must be pulled weekly, unless the customer requests a one time c one (1)week extra bin rental. c N 5. Track all activity by drivers by SROs and account number on a daily driver activity log. y 0 6. Enter all temporary services into the new software system. M v 7. Audit all permanent accounts and accounts serviced on a short term (over N seven days) and on-call basis by the Commercial Account Supervisor and Roll-off Supervisor to verify customer information, bins onsite, and identify 4 diversion opportunities. Permanent scheduled accounts should be o allocated on a regular route basis, so that temporary services do not conflict with permanent collections. Z 8. Establish a procedure for monitoring compactor loads with high a concentrations of recycling and organics material, including a transfer W station floor sort procedure and accounting. F in 9. Work with local recycling facilities to receive additional material that current drivers or supervisors think are "contaminated" and must go to the o landfill. J 0 rA 10. Require the Roll-off supervisor and/or Commercial Account Supervisor to m review any loads dispatched as "recycling" loads that the driver feels are LL contaminated before the material is hauled to the landfill. 0 11. Reduce vehicle spare ratios to 10%. C d E t U Z5 ¢ Page 10 City of San Bernardino 14 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street "_Packet Pg...275 ATTACHMENT 8-IWMD BUSINESS PLAN -:., 4°'r City of San Bernardino FY 2008/09 Budgets and Customer Rates IWM 1. The FY 2008/09 budget should incorporate the cost to purchase and o install an Integrated Customer Information and Billing System Business .y (ICSBS), including: Plan ty a. The cost to complete the residential and commercial customer d account audits, including identification of select recycling and >_ organics accounts. o w b. Software for account management, billing routing; dispatching, and reporting. v c. Collection vehicle on-board GPS route and account tracking. `C a 2. The FY 2008/09 budget should incorporate capital replacement for: LL c. Residential containers, in full 3-color imprinted with "recycling", 'T U "organics" and 'refuse' identification and descriptions. c d. Residential collection vehicles. o LO e. Commercial containers. v f. Commercial collection vehicles. w 0 g. Temporary collection vehicles. 0 h. Street sweepers. N LL l- 3. The FY 2008/09 budget should incorporate a 5% capital reserve and increase to 10% by FY 2013/14. 4. The FY 2008/09 budget should incorporate a 5% operating reserve z and increase to 10% by FY 2013/14. LL 5. The 2008/09 budget should incorporate the cost to begin a feasibility LL study for Corporation Yard/MRF/Transfer Station. IX W t- 6. The 2008/09 budget should incorporate the cost to implement a aggressive public outreach programs and enforcement. 3 0 7. The 2008/09 budget should incorporate the cost to conduct a detailed o cost of service study to establish accurate rates on LOB starting in FY rn 2009/10. 00 f/1 LL 8. Customers Rates should be revised to: O a. Incorporate items 1 -7 above. b. Discontinue bin/box rental beyond 1 week. c. Adopt"flat' tonnage limits of 2 tons for temporary bins. t U d. Adopt "free" recycling for residential and commercial customers. �� a Page 11 City of San Bernardino 15 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet Pg.276 ATTACHMENT 8-IWMD BUSINESS PLAN 7.M.h City of San Bernardino e. Reassign five "extra" commercial drivers to residential I W M services. c Business f. Hire two (2) outside sales representatives (commercial and temporary services). w Plan g. Discount commercial green waste by 50% from standard garbage bin rates. '- h. Charge full garbage rates for contaminated recycling or green waste loads. A i. Implement separate street sweeping charges on residential and commercial customers. M IL j. Increase rates for residential, commercial, and temporary U. services on an "across the board" basis for Y 2008/09. w v 9. For FY 2009/10 and beyond: c a. Adopt "pay-as-you-throw' rates for residential and commercial o customers to provide incentives for recycling. v b. Transition to full LOB rates. a 0 Privatization/Managed Competition v 0 R3 does not believe it is in the City's best interest to consider privatization of N the Division functions at this time for the following reasons: W 1. It is not possible to accurately determine costs, revenue, number of accounts, billing errors by LOB and any private hauling company a would want an accurate accounting to customer levels to determine a z reasonable "value" of the contract. a a 2. The City would need to receive approximately $4.7 - $6.0 Million in U. annual franchise fee payments to account for lost revenue to the F General Fund, Water, and Fleet Services, and to provide for Street rn Sweeping Services: ❑ a. Currently the City provides approximately $400,000 in o "free" City Services that is not accounted for or tracked in u) the Division budget. y U. b. Currently, approximately $2.7 million is transferred from o Division to the City General Fund. >- U c. Currently the direct cost of providing Street Sweeping services is approximately $1.6 million/year (including (D capital and operating reserves). R d. Currently the Division pays approximately $90,000 to the a Water Department for billing services. The cost for Water Page 12 City of San Bernardino 16 of 38 Request for Proposals for Reeid October 2012 Solid Waste,Recyable Materials,Organic Materials,8 Street Packet Pg.277 ATTACHMENT 8-IWMD BUSINESS PLAN ,7.M.h City of San Bernardino billing approximately 39,500 solid waste accounts that IWIVI receive City water services would not be eliminated. 'c e. Currently the Division pays approximately $1.8 million to Business Fleet Services for vehicle maintenance (excludes fuel). Plan w Some, but not all of this cost would be eliminated. d 3. The City's rolling stock has little or no value: a. Of the City's fleet of 98 vehicles, 19 are less than 2 years old; most are over 5 years old, are not CARB compliant and have minimal or no market value. 3 b. Residential carts have no market value due to age and m condition and will need to be replaced. tai, c. The City's commercial bins have low market value due to .T age and condition, and bins that have not been replaced or c refurbished will need to be replaced or refurbished. C c d. The City's roll-off containers have little or no market value 2 due to age and condition and will need to be replaced'. y U N 4. A private hauler would likely have to increase the City's current c customer rates: 0 a. Similar to the City, a private hauler will need to capitalize containers and vehicles at an estimated cost of$25 million. LL b. Similar to the City, a private hauler will need to conduct a billing audit of all accounts and implement a new Customer a Information System. z LL c. A private hauler would likely incorporate up-front cash a payments to the City into its customer rates. LL d. A private hauler would need to make annual franchise fee tW- payments to the City as discussed in No. 3 above. e. A private hauler would need to operate on a 10+% o operating ratio to meet corporate profit requirements. p 0 m rn LL 0 } h U c v E r m [Z5 a The City has begun a program to refurbish existing commercial bins and is targeting approximately 100 per month to be refurbished. Page 13 City of San Bernardino 17 of 38 Request for Proposals for Resid . October 2012 Solid Waste,Recyable Materials,Organic Materials &Street Packet Pg;278 !�Mn ATTACHMENT 8-IWMD BUSINESS PLAN City of San Bernardino IWM 5.0 Financial Plan 0 Business 5.1 Budget Projections x w Plan R3 developed financial model for a 5-Year Financial Plan on a Line of Business it, basis as follows: > 1. Residential Cart Services. o m 2. Commercial Bin and Roll-off Services (regular accounts serviced on a set schedule). 3 3. Temporary Bin and Temporary Roll-Off Services. 4. Street Sweeping Services. U. The model incorporates the City's FY 2007/08 budget, the Division's projected capital and operating needs, the operational recommendations discussed above, c operating and financial practices used by other public agencies, and discussions C with City staff. Changes to the capital requirements and new staff requirements o for FY 08/09 - FY 12/13 are listed in Tables 1 and 2 below. Table 3 shows the w additional one time costs for implementing the recommendations in FY 2008/09. U 'o M v 0 Table 1 Projected Capital Needs For FY 08/09 - FY 12113 LL Q Commercial Vehicle Replacement $3,847,000 ❑ J Q Residential Vehicle Replacement $8,781,197 z LL Street Sweeper Vehicle Replacement $789,000 LL LL Residential Carts $6,987,090 y a Commercial & Roll-off Containers $2,10,000 ❑ Integrated Customer Service/Billing/Route Management 0 System $1,075,00 m U) TOTAL CAPITAL NEEDS $20,415,364 O t- U c d E r U R Z 5 Q Page 14 City of San Bernardino 18 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet Pg. 279 ATTACHMENT 8-IWMD BUSINESS PLAN .7.M.h City of San Bernardino Table 2 I W M Cost for Additional Staff For FY 08/09 Business c d Cost (with Annual Plan w Position No. Benefits) Cost Q Residential Drivers 5 $51,600 $258,000 ° m Residential Supervisor 1 $74,500 $74,500 3 Public Education Staff 2 $56,100 $112,200 c m Customer Service 1 $47,500 $47,500 1 T Residential Dispatch 1 $51,600 $51,600 c 0 Commercial Regular Drivers -5 $51,600 -$258,000 c 0 Commercial Regular Supervisors 1 $74,500 $74,500 U N Commercial Regular Public Education Staff 1 $56,100 $56,100 ° co R Commercial Regular Account Supervisors 2 $50,400 $100,800 0 CM Commercial Regular Dispatch 1 $51,600 $51,600 U. TOTAL ADDITIONAL STAFF 10 $568,800 ° J Q 2 LL a LL Table 3 w Cost of Implementing Recommendations a FY 08/09 Ongoing I One o Cost Time O N Training On New Customer Service System $25,000 One time N LL City Clean-up Services $400,000 Ongoing Public Education Campaign/Materials $300,000 Ongoing c d City-wide Billing Audit $199,750 One time r U A City-wide Reroute $100,000 One time �� a Page 15 City of San Bernardino 19 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet Pg. 280 �r. 7.M.h ATTACHMENT 8-IWMD BUSINESS PLAN City of San Bernardino Table 3 IWM Cost of Implementing Recommendations Business FY 08/09 Ongoing / One X Plan Cost Time w r d Cost of Service Study $100,000 One time 0 $500,000 over next m MRF/Transfer Station Feasibility $150,000 4 years m 3 v Capital Reserve-Initially set at 5% $1,125,214 Increase to 10% over 5-year period a IX Operating Reserve-Initially set at 5% $1,164,662 Increase to 10% over 5-year period v c 0 c 0 Table 4 below shows the projected impact of adopting the above N recommendations, including the projected rate increases. v _N 0 Table 4 a Projected Costs, Revenue and Rate Increases For FY 08/09 — FY 12/13 Cumulative LL Budgeted Projected Net Income 07-08 08-09 0910 10-11 11-12 12-13 Loss 0 Revenue Adjustment Percentage J . — 3.00%''oo Residential 0.00% 2100% 3.00%1- _ 3.00% 3.00% 4 Z Commercial-Regular 0.00% 21.00% 3.00% 3.00% 300%: 3.00% LL Commercal-Temporary 0.00°/ 21.00% 3.00% 3.OD% 3.00%'� 3.00% a Commercial-Regular I LL Revenue&Transfers In 10,398,233 12,577,594 12,954,922 13,343,570 13,743,8771 14,156,194 X E enses&Transfers Out 8,416,974 9,239,034 9,019,018 9,536,857 10,596574 11,058,232 W H INet lnmmel Loss 1,981,259 3,338,560 3,935,904 3,8D6,713 3,147,3031 3,097,961 17,326,441 N4 Commercial-Temporary Revenue&Transfers In 4,202,867 5,082,606 5,235,084 5,392,137 5,553901 5,720,518 0 E enses&Transfers Out 3,682,426 4,308,411 4,206,395 4,440,766 4,912444 5,122,713 J .Net lnmme/ Loss 520,441 774,195 1,028,690 951,371 641,457 . 597,805 3,993,518 N Street Sweeping N Revenue&Transfers In 4,946 1,673,519 1,723,725 1,775,436 1,828,699 1,883,560 LL E enses&Transfers Out 1,439,363 1,770,516 1,602,223 1,722,485 1,979,697 2,030,171 O I,Net lnceme/ Loss 1,434,417)___.. (96,997) 121,501 52,951 150.99 7) (146,611) _.(220,153) h Total AN Lines of Servica U Beginning Fund Balance 589,200 2,200 92,516 1,972,482 3,83&8651 3,029,014 c d Revenue&Transfers In 24,749,700 31,611,150 32,567,367 33,552,913 34,568,7201 35,615,752 E Expenses&Transfers Out 25,341,100 31,701,466 30,502,370 31, 6,529 35,3765711 36,735,104 L V y� Net Income/ Loss 591,400 90,316 2,064,997 1,866,363 809,851 1,119,353 1,911,861 « Page 16 City San Bernardino 20 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet Pg.281 ATTACHMENT 8-IWMD BUSINESS PLAN City of San Bernardino As can be seen by Table 4 above, for FY 2007/08 the City will need to increase 1 WM residential, commercial, and temporary rates by 21.0%, adopt 3% annual CPI increases, and adopt a new street sweeping rates of $1.69 per residential Business N account/month, and $13.53 per commercial account/month. The result of the rate increases and new street sweeping rates will provide the Division with the Plan w necessary funding to improve services to a level provided by other publicly run Z% solid waste operations and effectively compete with private waste haulers. i However, rate increases in FY 2008/09 are "across the board" increases and 3% o do not move the Division to LOB based rates. This "across the board" approach is recommended for the following primary reasons: R 3 • Avoid a one time residential rate increase of 61.5%. A • Avoid a one time commercial rate decrease of 12.0%. a. U- • Allow the Division to conduct a detailed cost of service study. T • Complete the customer service level audits. c • Track revenue and expenses by LOB (commercial and temporary r- services) and to adopt residential variable container size rates. W • Incorporate disposal cost reductions and increased recyclables revenue from increased residential and commercial recycling. 0 0 • Incorporate operational efficiencies due to more efficient routing, and more accurate customer billing. N Also, as can be seen in Table 4 above, residential services will run a cumulative LL 5-year deficit of approximately $19 million unless additional rate increases are ¢< adopted. Accordingly, R3 recommends the Division should phase in residential o rates on a LOB basis over a three (3) year period in conjunction with the -' customer service audit, cart replacement program, and adoption of variable Z rates. IL tL 5.2 Example FY 2008/09 Rates W N The following table provides a list of rates if the Division adopts the recommended rate increases: o J 0 y Table 5 ai Example FY 2008/09 Monthly Rates o Category FY 2007/08 Rate FY 2008/09 Rate Residential 96 Gallon Trash $19.86 $24.03 U Residential Street Sweeping -0- $1.69 a Commercial - 1 Yard - (1 x weekly) $95.00 $114.95 Page 17 City of San Bernardino 21 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,8 Street Packet Pg. 282 ATTACHMENT 8-IWMD BUSINESS PLAN City of San Bernardino Table 5 IWVI Example FY 2008/09 Monthly Rates c Business Category FY 2007108 Rate FY 2008109 Rate d X Plan Commercial —3 Yard - (1 x weekly) $101.00 $122.21 Commercial—6 Yard - (1 x weekly) $161.00 $194.81 0 d In Commercial Street Sweeping -0- $13.53 3 a Temporary Per Pull $284.00 $343.64 A a. LL IX T 5.3 Potential Revenue Enhancements and Cost g Reductions o .y Assuming the Division successfully implements the recommendations discussed earlier in this Business Plan, the Division should realize both cost savings and u° revenue enhancements. These are presented below: ° M N N Table 6 LL Cost Decreases and Revenue Increases From Implementing < Recommendations ° J Q Cost Revenue Z Decreases Increases I` a. LL Reducing Vehicle Reserve Ratio (16 w vehicles at$25,000 vehicle for insurance, ) Not w ($400,000 Not y registration, maintenance costs) Reducing Bad Debt (target 2%) $164,000 ° O U) Increase residential and commercial revenue 0 0 y from billing corrections LL O Increase Residential Recycling Tonnages 0 $1,815,000 >- (target of 30% of residential waste stream) c Decrease Residential Tonnage Disposal due E to Increased Recycling ($700,000) 0 A Page 18 City of San Bernardino 22 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet Pg. 283 4MA ATTACHMENT 8-IWMD BUSINESS PLAN City of San Bernardino Table 6 lwm Cost Decreases and Revenue Increases From Implementing c Recommendations Business 0) X Cost Revenue Plan W Decreases Increases Increase Residential Green Waste Tonnages 0 0 0 (target of 40% of residential waste stream) v, A Increase Commercial Recycling Tonnages 0 $1,160,00 v (target 30% of commercial waste stream) LL a Decrease Commercial Tonnage Disposal ($1,826,000) 0 _T TOTALS ($2,426,000) $3,079,000 G c 0 C 0 N N 5.4 Financial Model Assumptions N A significant number of assumptions were incorporated into the financial model: 0 co • Annual growth of 3%. N • Assumed annual operating cost increases of 3% (salaries, benefits, tip (- fees, etc). IX • Interest rate of 6.0%. ° J • Cart and bin depreciation over 10 years. z LL • Collection vehicle depreciation over 7 years. a • Retire all payments for lease-purchased vehicles at the end of FY IX 2013/14. W N • Debt finance new purchases of vehicles and containers. • FY 2008/09 one time cost of $450,000 for moving Division staff to the ° J corporation yard. 0 rn • $25 million capital cost for a new Corporation Yard/Material Recovery N Facility/Transfer Station beginning in FY 2012/13. LL O • No revenue increases or operating cost decreases due to improved > h recyclables and green waste diversion. � In order to develop the model on a LOB basis, it was necessary to reassign and c allocate FY 2007/08 expenditures and revenue categories to specific LOBS as E follows: o 0 �.3 a Page 19 City of San Bernardino 23 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet Pg.284 ATTACHMENT 8-IWMD BUSINESS PLAN 7.M.h City of San Bernardino IWM Table 7 2 Business Line Of Business (LOB) Allocation Factors d x Plan Item/ Commercial Street T Method Residential -Regular Temporary Sweeping d Revenue., Interest on Cash 50.0% 50.00% 0.00% 0.00% p Commercial May be using 0.00% 100.00°k 0.00% 0.00% Rubbish cart collection. m Commercial Bin 0.00% 0.00% 100.00% 0.00% Rent Permanent& m Commercial Bin commercial 00% 893% 107% 00% CL . . . . LL Service bin accounts tY 3.6 CY bins. Temp services v Commercial (bin and roll- 0.0% 0.00% 100.0% 0.0% Special off)$1 M is roll- off. r 0 Res Water Billed 100.0% 0.00% 0.0% 0.0% N Residential B Accts 100.0% 0.00% 0.0% 0.0% Roil-off a Dino Bin Service includes roll- 0.0% 38.9% 61.1% 0.0% o off perm. a Commercial Penalties 0.0% 100.0% 0.0% 0.0% ° -- Residential 100.0% 0.0% 0.0% 0.0% LL Penalties Q Compliance tickets, J Misc. Receipts inspector 50.0% 50.0% 0.0% 0.0% Z citations,state funding, LL rants. a- Revenue from LL , X Recycling Receipts curbside DOC 100% 100.0% 0.0% 0.0% 0.0% W Residential u) Q Expenditures J Administration By drivers 42.4% 34.8% 15.2% 7.6% O Automated to Residential All residential 100.0% 0.0% 0.0% 0.0% IM By drivers LL Service Subscription within com 0.0% 69.6% 30.4% 0.0% 0 s pens-temp split U Street Sweeping All Street 0.0% 0.0% 0.0% 100.0% c Swee in d Env cling ntal By drivers 42.4% 34.8% 15.2% 7.6% z U Billing System By drivers 83.0% 5.00% 5.00% 7.00% 2 Corporation Yard On accounts 42.39% 34.8% 15.2% 7.1% a Page 20 City of San Bernardino 24 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet Pg. 285 T.M.h ATTACHMENT 8-IWMD BUSINESS PLAN City of San Bernardino © MIA Table 7 Business Line Of Business (LOB) Allocation Factors plan Item/ Commercial Street w Method Residential Regular Temporary Sweeping Z am Commercial By drivers > Equipment Within com 0.0% 69.6% 30.4% 0.0% p Allocation perm-temp split N Transfers By drivers 42.4% 34.8% 15.2% 7.6% v c M IL LL 6.0 Example Implementation Steps T U c 1 . Billing System o N W Year 1 v 2A Problem: The current customer service and billing systems (H.T.E.) does not have the ability accurately identify customer accounts, service levels, v or rates charged to customers. The lack of accurate customer N information greatly reduces the ability of the Division to identify cost and revenue requirements for all customers and department a functions. m 0 The current H.T.E. system does not have the ability to track and bill all a customers for services provided by the Division; Z LL • The Division must manually enter commercial and roll-off a information to update billing at the end of the month; LL • H.T.E. does not have the ability to generate route sheets or y management reports to assist staff with daily operations; • The current system relies heavily on handwritten notes, faxed o_ work orders, or phone calls directly to drivers or supervisors; M 0 V) • Work orders are not issued for all service requests; and m V) • There is not a system in place to track and all close work LL orders. 0 U Year 1 v E The Division should procure and install an industry standard "off-the-shelf' Integrated Customer Service and Billing System (ICSBS). A sample list of Z5 x a Page 21 City of San Bernardino 25 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet Pg.286. T.M.N ATTACHMENT 8-IWMD BUSINESS PLAN City of San Bernardino C companies that offer "off-the-shelf solid waste software systems include lWM Routeware, Soft-Pak, Trux, EnCore, Waste Works and Desert Micro. 0 .N Business The Division should consolidate all billing and customer service functions into one system that has the ability to do the following functions: x Plan • Identify all customers by service type, level of service, and rates > charged; m 0 • Identify all customer calls and requests; w m • Processing billing and accounting functions; v • Identify customers by day and routes; m a. • Track container usage and inventory; and LL W • Provide management reports. 0 c Year 2 0 c 0 • Begin full use of new Integrated Customer Service and Billing Systems N (ICSBS)for all customer and billing activity; and w • Implement new variable can rate structure for residential customers. °. M O Year 3 —Year 5 During Year 3, the IWD should begin the process of conducting annual LL a compliance audits of customers to verify billing and routing information. Begin annual compliance audits of 20 percent of all commercial and residential customers. a Z Compliance Audits should include confirmation of the following: M` a • Address; LL w • Container size; y • Service level/frequency; and 3 0 • Confirm correct rate. 0 U) M 2. Finance and Accounting LL Problem: The current financial and accounting system tracks costs by five 0 section codes, (411- Administration, 412- Automated Residential t= Collection, 413 - Subscription Refuse, 414, Street Sweeping, and 415 - Recycling/Environmental). Revenue is tracked by two section codes (412 - Automated Residential Collection, and 413 - Subscription E r Refuse). This caused a "disconnect' between cost and revenue 0 A [Z5 tracking, and does not accurately reflect the costs associated with the a services provided by the Division. Page 22 City of San Bernardino 26 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet Pg. 287 ATTACHMENT 8-IWMD BUSINESS PLAN 7.M.h City of San Bernardino Year IWM • Conduct a cost of service analysis by Line Of Business (LOB) to c Business determine costs that can be used to determine future rate increases; c • Expand the current accounting systems to track costs and revenue by the Plan w following LOBS and functions: m • Residential ' • Solid Waste Collection ° m N • Residential Collection • Green Waste Collection m • Commercial LL • Solid Waste Collection >, • Recycling Collection c 0 • Temporary Bin Collection c 0 • Roll-off N 7 • Permanent Collection Accounts 0 • Temporary Collection Accounts M • Street Sweeping N • Residential U. • Commercial 0� ° • Revise the current procedure for Permanent and Temporary Roll-off Q accounts to: z LL • Define permanent accounts as customer with regularly scheduled a service or with established bin rental charges and minimum LL collection frequencies established; w I— o Establish rates that include a fixed hauling charge and a pass- C through of actual tipping fees; $ ° • Eliminate the use of"temporary 90-day roll-off boxes'; and o • Establish all Temporary accounts to have weekly collection that is ca m paid in advance. rn LL 0 Year 2 I- U • Adopt new rate structure to cover costs by LOB (may be necessary to phase in residential rates over three years); E • Establish new commercial rates to "include" recycling to provide an incentive for commercial businesses to recycle and divert material. a • Begin tracking costs and revenue by LOB; and R,�5 ��r►r� Page 23 City of San Bernardino 27 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&StreetT Packet.Pg.288 `7.M.h , ATTACHMENT 8-IWMD BUSINESS PLAN City of San Bernardino • Adopt new residential "variable can rate"; IWM o Business Year 3 d Plan Implement variable rate system for all residential customers. w z CD Year 4 Conduct a cost of service analysis by LOB to determine costs that can be • used to determine future rate increases; H 3 3. Collection Operations IL Problem: Current collection operations is under staffed with the current LL number of supervisors that cover several functions. This Y understaffing and cross utilization reduces the amount of time the supervisors have to monitor the quality of service provided and o limits their ability to improve performance and reduce costs. c Management and customer service functions do not have the N 7 ability to effectively monitor route operations productivity or a collection efficiencies. o The current collection and routing system has resulted in overweight vehicles that deliver overweight loads in excess of 30 percent of the total loads delivered to the landfill. The potential financial issues related to overweight vehicles may include LL a excessive wear and reduced life span of vehicles, excessive road 0 wear, and potential financial penalties by local enforcement offices. a Z LL Year 1 a • Hire two (2) Collection Route Dispatchers to: w • Assist supervisors monitor daily routes; a • Communicate and schedule customer service request; and 3 • Check-in drivers at the end of the day to ensure the completeness of j daily activity. o U) • Procure, install, and activate GPS units with `real-time' monitoring of y vehicles that tie to ICSBS system; o LL • Adopt a formal "overweight' policy program to identify and eliminate 0 overweight vehicles; and • Adopt and implement a daily "check-in" program with the drivers and Dispatcher. v E r v m IZ5 a Page 24 City of San Bernardino 28 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&StreefPeCI(et Pg.'.2H9, ATTACHMENT 8-IWMD BUSINESS PLAN K= City of San Bernardino © Year 2 IWM 'c • Develop a monitoring program to record and improve customer service Business W and route operations through daily use of GPS systems; Plan 2 X • Establish benchmark system to track customer service calls and route L performance; d • Include Radio Frequency Identification (RFID)on all new collection carts d and bins; ° w • Install RFID systems on all new collection vehicles; and • Establish procedure to monitor and balance routes to eliminate overweight loads. c m (L LL Year 3 —Year 5 X _T • Use GPS and monitoring system to establish goals to improve customer service and improve route efficiencies; and c • Install RFID systems on all existing collection vehicles. o N N 4. Commercial Accounts 0 Problem: The current commercial collection system has several areas that can show significant improvement and result in positive financial c returns to the Division. The current commercial collection system does not have the LL ability to accurately identify commercial customers by day, route, or service levels. The current routing system allows for frequent overweight vehicles and drivers to collect from customers that are z paying for lower service levels. The Division does not have an a established routing or billing audit system in place to monitor a routing performance and customer service levels. it The current Commercial Recycling Collection program has Lu approximately 200 customers that are collected by routes that operate five (5) days per week. Due to random contamination, drivers will determine entire loads are contaminated, resulting in ° loads of contaminated recyclables that end up delivered directly to 0 the landfill. U) m N LL Year 0 • Audit 100% of current commercial accounts to document the following: • Service location; C • Container size and bin number; W E E • Days of service; • Customer specific issues (locks, dismount, 2 staff person service, a etc.); and Z5 Page 25 City of San Bernardino 29 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street l' Packet Pg.290' ATTACHMENT 8-IWMD BUSINESS PLAN City of San Bernardino o Opportunities to increase diversion. I W M Identify current size of commercial routes; c • Present options to re-balance routes to increase efficiency; BU$Ine$$ • Re-route commercial accounts to reduce the number of two-man X Plan collection routes by five (5); W • Design routes with sequenced stops; • Implement container inventory tracking system through ICSBS; o • Conduct a waste audit of top 500 generators; N • "Re-introduce' Commercial Recycling Collection; • Meet with local recyclers to evaluate additional processing capabilities to increase recycling diversion; and R a • Replace 20% of commercial bins. ILL T Year 2 c • Implement new ICSBS; C • Re-route commercial accounts; '0 H °l • Reduce two-staff person routes to four (4) routes per day; N • Expand commercial recycling to new bundled rates; o • Identify and implement the collection of select commercial loads; • Develop commercial organics collection program; N • Begin to conduct waste audits on top 20% of the largest generators; and ILL • Replace 20% of commercial bins. 0 Year 3 — Year 5 a Z • Implement commercial organics collection program; M • Continue waste audits on 20% of the largest generators; aa. • Begin annual compliance billing audits on 20% of all commercial W customers; ~ w • Replace 20% of commercial bins (each year); • Establish procedure to monitor facility diversion of select commercial loads, C&D material, and bulky waste material; and 0 rn • Continue to expand commercial recycling and select load collection m programs. W LL 0 h U c v E r U w Z5 a Page 26 City of San Bernardino 30 of 38 Request for Proposals for Resid October 2012 Solid Waste, Recyable Materials,Organic Materials,&Street Packgt Pg.29t 7 M.h ATTACHMENT 8-IWMD BUSINESS PLAN City of San Bernardino 5. Roll-off Accounts IWM C Problem: The current roll-off system has several accepted practices that Business 2 provide service to customers not typically found in private sector roll-off operations. The system does not have systems in place to Plan x accurately identify the quantity or location of containers. w "Temporary" customers have the ability to use a roll-off bin for up CD to 90 days while generating only one (1) revenue producing load d for the Division. ° w The current system of charging for weight, while typical for permanent accounts, is burdensome for temporary bin accounts. Additionally, with permanent accounts, the overweight limits and charges should be reviewed to reduce the administrative burden a LL and increase the penalty for overloading the bins. T Roll-off and Construction and Demolition diversion has the potential to generate a high amount of diversion with the proper o outreach to customers. Currently, opportunities for diversion are r= missed due to quality standards accepted at local recycling and 2 C&D facilities. v ❑ Year 1 M • Audit 100% of Roll-off accounts; N • Conduct bin inventory; Implement bin inventory tracking system; LL • Negotiate material quality standards with local Recycling and C&D ° facilities; J a • Evaluate and establish permanent roll-off routes; uZ- • Conduct waste audit of top 50 generators; a LL • Adopt new permanent and temporary roll-off customer policy; and tr w • Conduct site visits with all new permanent or temporary C&D customers. a Year 2 • Evaluate and establish permanent roll-off routes; o rn • Conduct waste audit of top 51-100 generators; and m 1n • Implement new permanent and temporary roll-off customer policy. LL O Year 3 U • Conduct waste audit of top 101-150 generators. c m E Year 4 R • Conduct waste audit of top 50 generators. Z5 Page 27 City of San Bernardino 31 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street[,.PeCkBt Pg.Y9Y ATTACHMENT 8-IWMD BUSINESS PLAN City of San Bernardino Year 5 l W M Conduct waste audit of top 51-100 generators. c Business Plan 6. Residential Accounts W Problem: The current residential system operates four (4) days per week iu with unbalanced routes and lacks basic routing information '— including customer service level information or sequenced route o maps. N A Year c m • Audit 100% of Residential accounts; a • Evaluate current route time saving options; and • Implement new customer start-up program with new bins and recycling outreach; c 0 • Replace 33% of solid waste carts; o • Replace 33% of recycling carts; N • Replace 33% of green waste carts; and w • Begin re-route residential collection routes to five (5) day collection schedules (Mon-Fri) routes. v 0 N Year 2 LL • Replace 33% of solid waste carts; z • Replace 33% of recycling carts; • Replace 33% of green waste carts; and _z Complete re-route residential collection routes to five (5) day collection t` schedules (Mon-Fri) routes. LL LL !Y W Year 3 N Q • Begin annual compliance billing audits of 20% of all residential 3: customers; o J • Replace 33% of solid waste carts; 0 • Replace 33% of recycling carts; and w • Replace 33% of green waste carts. p Year 4 —Year 5 U • Continue annual compliance billing audits of 20% of all residential customers. E r v p R f1� Q Page 28 City of San Bernardino 32 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet Pg. 293 ATTACHMENT 8-IWMD BUSINESS PLAN K� City of San Bernardino 7. Customer Service IWM a Problem: The current Customer Service Department is limited by the H.T.E. Business y system. The current system relies heavily on hand-written notes, Plan K faxed work orders, or phone calls directly to drivers or supervisors. w Customer Service Representatives (CSRs) are burdened by a > slow and inefficient system that does not allow them to effectively 01 0 provide customer service and participate in the delivery of high w quality customer service and expand recycling and diversion R programs. v Work orders are not issued for all service requests and there are no formal systems in place to track and close work orders. LL LL Year 1 U • Hire Commercial/Industrial Account Managers; o • Hire Recycling Diversion Analysts; o N • Establish Residential and Commercial CSR teams; • Begin training CSRs on new ICSBS system; and • Implement CSR ride-along program for CSR's to observe on route activity. c N_ Year 2 LL • Implement new ICSBS system; o • Implement new customer start up procedure for residential and a commercial accounts including new bins and recycling outreach; and z LL • Incorporate results of annual compliance audits. a LL Year 3 - 5 Lu w • Incorporate results of annual compliance billing audits. 0 8. Public Education and Outreach 0 Problem: The current Public Education and Outreach programs have not fn m achieved the goals of increasing recycling activity while informing w residents and businesses on the proper procedures for separating 0 recyclables from the solid waste to maintain acceptable levels of F contamination. Current contamination levels for the residential program are m estimated to be above 40 percent. Commercial recyclables are E contaminated on a regular basis that results in a majority of the 0 material being landfilled. �� a Page 29 City of San Bernardino 33 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street -Pac ket Pg 294 ATTACHMENT 8-IWMD BUSINESS PLAN City of San Bernardino C Year 1 I W M Develop and expand the Public Education and Outreach Programs to i; inform all residents and businesses the reasons to recycle and the proper Business methods; and K Plan Contract with a social marketing firm to: W z • Conduct phone surveys to identify method to improve the > program; 0 • Conduct focus groups to get community involvement in the m programs; and • Develop and implement pilot programs to improve the collection programs. r a LL Year 2 _T • Begin annual site visits of top 20% of the largest commercial accounts without recycling; c • Re-introduce residential recycling program; o • Continue with social marketing surveys and focus groups; and LO • Introduce variable can rate to provide a financial incentive for customers °a to increase recycling. M Year 3 N • Implement Commercial Recycling Recognition Program; LL • Implement Residential Recycling Recognition Program; c • Introduce special item collection programs; a • Continue with social marketing surveys and focus groups; and z LL • Continue with social marketing surveys and focus groups. a LL Year 4 uj w I- • Implement residential food waste collection program; and • Continue with social marketing surveys and focus groups. 0 D Year 5 U) M • Evaluate and measure the progress made through improved Public LL Education and Outreach programs and social marketing surveys; and o • Develop new five-year plan for Public Outreach and Education Program. >_ U 9. Disposal and Processing Facilities E t Problem: The Division's disposal and processing capacity will expire in 2012 when the Waste Disposal Agreement (WDA) with San Bernardino ��/*.' _+•."/1 County, the Recyclable Processing Agreement with Burbank Page 30 City of San Bernardino 34 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials &Street[ PaCket Pg:295 ATTACHMENT 8-IWMD BUSINESS PLAN 7.M.h' City of San Bernardino ORecycling Inc. (BRI), and the Green Waste Processing Agreement I WIVI with Republic Services expire. The City does not have facility options for the processing and Business 0) diversion of material from select commercial loads, commercial Plan organics, or the material collected from the bulky waste collection w programs. Year 1 0 m • Negotiate an extension of current disposal agreement with San w Bernardino County; 3 • Identify facility options to process commercial dry waste (mixed dry c garbage and recyclables); 10 a • Identify facility options to process commercial food waste; and X • Identify and arrange for facility(ies) to handle and process bulky waste collection material. c 0 c Year 2 = N • Conduct a Corporation Yard/MRF/Transfer Station Study; v N • Enter into contract(s)for processing commercial dry waste and o commercial food waste; and ; • Enter into processing agreement for the handling and diversion of bulky N waste material. F LL Q Year 3 0 • Implement action plan for long term Corp Yard/MRF/Disposal facility; and • Conduct material characterization per agreement with BRI. a a 10. Recycling Programs LL W Problem: Current recycling programs are not achieving the goals of a increasing and maintaining participation by residents and providing recyclables with acceptable levels of contamination c (under 15%). The Division will need to develop and expand the o current outreach programs and address these issues with all m Division employees. rn LL 0 Year >- Develop an expanded Outreach program for Residential and Commercial Recycling Program, using social marketing techniques; d • Adopt a Cart and Bin Contamination Policy and Procedure; r U Conduct driver training to monitor and tag carts and bins with unacceptable levels of contamination in the recyclables; a Page 31 City of San Bernardino 35 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet.Pg.29s ATTACHMENT 8-IWMD BUSINESS PLAN 7.M.h City of San Bernardino C • Identify recycling-rich commercial accounts, for inclusion on source- I WM separated or select routing collection programs; • Develop new bin enclosure standards, assuring adequate collection w Business space for recycling, organics, and refuse containers; and d Plan • Assure that new and remodeled commercial developments provide W adequate collection space for recycling, organics, and refuse containers. m Year 2 0 d • Conduct recyclables material characterization for residential and commercial recyclables per the agreement with BRI; • Begin tagging and enforcing contaminated bins through the new bin/cart contamination policy; a. U. • Begin delivery of new recycling carts with full color imprinted recycling w information; w U • Expand commercial recycling collection; c • Initiate routing and collection of select commercial accounts with high c levels of recyclables; and y u. • Continue social marketing surveys, focus groups, and outreach programs. v A 0 Year 3 M O • Initiate process to develop, induce, or contract for long term facility N options including disposal, transfer station and material processing facility; and a • Continue social marketing surveys, focus groups, and outreach programs. 0 ¢ Year 4 Z LL • Conduct recyclables material characterization for residential and a commercial recyclables per the agreement with BRI; • Contract for transfer station and materials processing facility services; IW- and N • Initiate transfer station and materials processing facilities construction and 0 expansion. � 0 rn Year 5 m N • Conduct five (5) year review of Collection Operations and Recycling O Programs. F U 11 . Bulky Waste Collection Programs E Problem: The Division would like to provide bulky waste collection programs for all residential customers to help increase diversion, reduce the -° impact on the neighborhood clean up events, and reduce the ¢ impact on potential illegal dumping of material. Page 32 City San Bernardino 36 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street 'FaCKet Pg.297 ATTACHMENT 8-IWMD BUSINESS PLAN 7.M.h City of San Bernardino Year IWM • Design and plan bulky waste collection programs; Business a • Procure equipment for bulky waste collection; c m • Identify and adopt rates structure for bulky waste collection; and Plan x w • Notify public of new bulky waste collection. �% d Year 2 0 • Implement on-call bulky waste collection program; and A • Phase out neighborhood collection events. 3 v c Year 3 a LL • Expand bulky item collection program to include universal waste and T household hazardous waste material as part of the bulky waste collection program. c c O .N N 7 V N 0 M a N I- LL a J a Z LL a LL W w rn a 3 0 J 0 N m N LL 0 t— U c m E r U A Page 33 City of San Bernardino 37 of 38 Request for Proposals for Resd� October 2012 Solid Waste,Recyable Materials,Organic Materials a street Packet Pg. 298 City of San Bernardino 7 M:h�. ATTACHMENT 8-IWMD BUSINESS PLAN CThis page intentionally left blank. IWM o Business Y Plan W d 0 d Y N R V C A a. LL tr T Y U 0 0 r- 0 .y N 7 U _N O r> a 0 N H LL a 0 J Q Z LL a LL z w h N Q J 0 rA m N LL O U c d E r 0 R Z5a Page 34 City of San Bernardino 38 of 38 Request for Proposals for Resid October 2012 Solid Waste,Recyable Materials,Organic Materials,&Street Packet Pg. 299