HomeMy WebLinkAboutItem 7.1 AVI Svcs Agmt Amend
CITY CLERK
File # D[b]~[(1]-~[ll]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 17, 2008
SUBJECT:
Second Amendment to Collection Service Agreement between the
City of Dublin and Amador Valley Industries, LLC
Report Prepared by Roger Bradley, Administrative Analyst
ATTACHMENTS:
1.
2.
3.
Resolution approving Contract Amendment No.2.
Redline Version of the Proposed Changes
Collection Service Agreement between City of Dublin and
Amador Valley Industries, LLC.
RECOMMENDATION: /1 A &'AdOPt Resolution approving Second Amendment to Collection
VU' ~ervice Agreement between the City of Dublin and Amador Valley
"9J... Industries, LLC and authorizing the City Manager to execute the
Zj Amendment.
FINANCIAL STATEMENT: It is estimated that the proposed amendment will add additional
compensation to Amador Valley Industries in the amount of $205, 130, which will come as a result of a
proposed 8.33% increase to the commercial collection rates.
DESCRIPTION: At the June 5, 2007 City Council Meeting, Council directed Staffto
work with Amador Valley Industries (A VI) to create incentives for A VI to increase recycling among the
City's commercial sector. Staff has worked with A VI to accomplish this goal and has come to an
agreement on the incentive program, which is outlined below.
Over the months, the City and A VI have met on numerous occasions to discuss Council's direction of
creating greater commercial recycling incentives. Under the current agreement, A VI is to receive a
guaranteed revenue amount each year that escalates by certain indices. This revenue amount was supposed
to take into account the entire bundle of services that were required under the contract. As part of this
bundle of services, recycling services were to be provided at no additional charge to the customer and,
therefore, no revenue being generated for A VI. At the June 5th meeting, A VI indicated that the
commercial recycling program was not accounted for in its original bid proposal and that it is not being
compensated for the program. In response to the request, Council directed Staff to work with A VI to
address this issue and to create incentives for A VI to expand the City's commercial recycling programs.
Staff has been working with A VI to meet this directive.
COPY TO: Amador Valley Industries
Page 1 of3
ITEM NO.
7/
F:\Council\Agenda Statements\2007-2008\as-A VI Amendment.final.doc
The current contract incentive for expanding recycling services is that A VI retains all revenue generated
by the sale of the recycling material collected. This revenue generated was to be used to either offset
losses for the service or to be retained as profit gained. The scale of compensation depends on the amount
of recycling material generated as well as A VI's efforts in marketing the material. At the time of contract
execution, this was considered an innovative practice in providing additional revenue to the hauler as well
as an incentive to increase A VI's profit by making recycling service a larger revenue generator. The
general practice among municipalities is to either reduce the haulers compensation by the amount of
recycling revenue or to require that the hauler give back a proportion of the revenue as part of a profit
sharing agreement with the municipality.
During its meetings, the City has sought to find out the growth potential ofthe City's commercial
recycling programs. Staff has requested that A VI provide a diversion plan and constraint analysis that
effectively demonstrates appropriate recycling goals once a compensation plan is developed and
incentives are created for the program's expansion. As part of its plans for improved performance, A VI
has hired an additional recycling coordinator. With the addition of the new coordinator, A VI has exceeded
its contract requirement by having 1.5 FTE recycling coordinators working within the City to achieve
program goals. Growth potential for increased recycling/diversion is greatest within the commercial
sector, which has a diversion rate of 17.12% with 2,362.36 tons being diverted from the landfill and
11,438.30 tons being landfilled. The table below compares the diversion performance for all sectors
collected by A VI.
Tonnage Summary Report Jul 2007- Apr 2008
Residential Commercial Roll Off Large Item Total
Disposal
Solid Waste Route 5,273.64 11,438.30 5,021.82 135.46 21,869.22
Total Disposal 5,273.64 11,438.30 5,021.82 135.46 21,869.22
Recycling (diverted) 3,584.12 1,680.57 2,380.22 223.05 7,867.96
Organics (diverted) 3,396.80 681 .79 1,060.33 0.46 5,139.37
Total Diverted 6,980.92 2,362.36 3,440.55 223.51 13,007.34
Total Collected 12,254.56 13,800.66 8,462.37 358.97 34,876.55
Diversion Rate 56.97% 17.12% 40.66% 62.26% 37.30%
Recvclim!: Incentive Framework
In meeting Council's direction to expand commercial recycling and create incentives for A VI to continue
recycling program expansion, Staff and A VI have come to an agreement on the framework made up of the
following key business points for creating a Commercial Recycling Compensation Program:
. Separate residential and commercial compensation in the rate model and include commercial
recycling collection compensation as an item in the commercial compensation element.
. The commercial recycling base compensation element shall be set at $150,000.
. The base compensation amount shall only increase in subsequent years by the Refuse Rate Index
(RRI) factor, which is capped at 5.0% each year, and by the growth in commercial recycling
tonnage which has no cap in growth.
Page 2 of3
· There is a retroactive adjustment to the commercial recycling base compensation element, which
consist of the inflation factors RRI and growth in commercial recycling tonnage dating back to the
beginning of the contract. As a result, $205,130 will be included in the FY 2008-2009 rate
adjustment.
· A VI will perform a minimum of two (2) Commercial Waste Audits each day.
· A VI will perform 12 public presentations each year.
· A VI will submit a diversion plan each year for City approval.
· A VI will increase institutional and multifamily dwelling outreach and programs.
Business Practice A2reements
During the contract negotiations, the City and A VI also discussed and came to agreement that the below
business practices should be included within the contract amendment. A drop box collection exchange
was included to allow that City to take advantage of a service that it was previously unable to utilize. The
Large Item Collection service does not provide enough cubic yardage to meet the City's generation trends.
A VI worked with the City to provide a solution to this problem by exchanging the large item service for
drop box collection, which increase the cubic yardage possible during individual collection events. In
addition, the City agreed to continue to support A VI in its diversion efforts and to ensure that the
provisions of the Franchise Agreement are appropriately applied in aiding A VI's increased diversion
efforts.
· A VI shall provide the City with drop box collection services in exchange for large item collection
servIces.
· City will assist with businesses/organizations to promote, increase, and enforce diversion efforts.
Staff believes that incorporating these mechanisms for commercial recycling compensation into the
Agreement will create an economic incentive for A VI to achieve higher levels of diversion within the
commercial sector. Specifically, diversionary increases will be pursued as a result of the financial benefit
A VI will see from growing the recycling tonnage collected from its commercial accounts and from the
increased outreach and education efforts that it will conduct. As a result of the proposed contract
amendment, the City will benefit from higher diversion growth, from increased service levels from its
contracted waste hauler both for itself and for City residents and businesses, and from greater outreach
and technical assistance being provided to the community.
RECOMMENDATION: Adopt Resolution approving Second Amendment to Collection
Service Agreement between the City of Dublin and Amador Valley Industries, LLC and authorizing the
City Manager to execute the Amendment
1106677.1
Page 3 of3
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RESOLUTION NO.
- 2008
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING A SECOND AMENDMENT TO THE COLLECTION SERVICE AGREEMENT
BETWEEN THE CITY OF DUBLIN AND AMADOR VALLEY
INDUSTRIES, LLC
WHEREAS, the City of Dublin ("City") entered into a Collection Service Agreement
("Agreement") with Amador Valley Industries, LLC ("A VI") dated January 12, 2005; and
WHEREAS, the Agreement allows for an annual compensation adjustment in accordance with
specified formulas; and
WHEREAS, on June 20, 2006, the parties executed a First Amendment to the Agreement in order
to modify certain provisions in Exhibit B of the Agreement relating to the Compensation Adjustment
Model; and
WHEREAS, A VI has requested that the City modify the rate adjustment methodology that was
included in the current Agreement to include a separate component for commercial recycling in the annual
compensation process; and
WHEREAS, the City desired to amend certain provisions in the Agreement relating to outreach
and enforcement programs intended to increase waste diversion and recycling efforts in the City; and
WHEREAS, the City further desired to modify provisions in the Agreement relating to certain
services provided to various City sites including, but not limited to City Parks, fire stations and
community centers; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the Second Amendment to the Collection Service Agreement between the City of Dublin and
Amador Valley Industries, LLC (attached hereto as Exhibit A).
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Second
Amendment to Collection Service Agreement between the City of Dublin and Amador Valley Industries,
LLC.
PASSED, APPROVED AND ADOPTED this 1 ih day of June, 2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
~1)-/7-'() is'' '"7./
Attachment 1
ATTEST:
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1106674.1
City Clerk
Mayor
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SECOND AMENDMENT TO COLLECTION SERVICE AGREEMENT BETWEEN THE CITY
OF DUBLIN AND AMADOR VALLEY INDUSTRIES, LLC
This Second Amendment to Collection Service Agreement, dated as of ,
2008 (the "Amendment") modifies and amends that certain "Collection Service Agreement,"
dated January 12, 2005 (the "Agreement") between THE CITY OF DUBLIN ("CITY") and
AMADOR VALLEY INDUSTRIES, LLC ("CONTRACTOR"). Capitalized terms used herein and
not otherwise defined shall have the meanings ascribed to such terms in the Agreement.
Recitals
WHEREAS, The Agreement sets forth the respective rights and obligations of the parties
with respect to the Collection of Solid Waste and Organic Materials and grants to
CONTRACTOR an exclusive Agreement to provide Collection Services within the Service Area;
and
WHEREAS, on June 20, 2006, the parties executed a First Amendment to the
Agreement in order to modify certain provisions in Exhibit B of the Agreement relating to the
Compensation Adjustment Model; and
WHEREAS, the Parties desire to further amend the Agreement in order to provide for:
compensation to CONTRACTOR for the collection of Recyclable Materials produced by
Commercial Service Units; to modify CONTRACTOR'S obligation to provide Large Item
Collection Service to City Service Units; to require CONTRACTOR to perform a minimum of two
waste audits per day; to require CONTRACTOR to increase its Commercial and MFD outreach
and education programs and to perform at least twelve public presentations each Agreement
Year and to require CONTRACTOR to submit an annual diversion plan for approval by the CITY
each Agreement Year.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is
hereby acknowledged, CITY and CONTRACTOR hereby agree to amend the Agreement as
follows:
Section 1.
Section 5.03 of the Agreement is hereby amended to read as follows:
5.03 Collection Service Compensation Elements. Collection Service compensation to
the CONTRACTOR shall consist of the following elements; a Collection Compensation
Element, a Disposal Compensation Element, a Container Compensation Element, a Fee
Compensation Element and a Commercial Recycling Element.
Section 2.
A new Section 5.05.7 is hereby added to the Agreement to read as follows:
5.05.7 Adiustments to Commercial Recvclina Compensation Element. The Commercial
Recycling Compensation Element consists of two (2) factors: the Refuse Rate
Adjustment (RRI) factor and the annual tonnage growth (ATG) factor.
5.05.7.1 RRI Factor. The RRI factor shall be determined in the manner
described in Section 5.05.1.1.
5.05.7.2 Annual Tonnaae Growth Factor. The ATG factor for each
compensation adjustment shall be the percentage change in commercial
Exhibit A
L10b ' ~et
recycling tonnage between the second (2nd) preceding calendar year and the
preceding calendar year, as determined by adding the collection data for MFD
and Commercial Recycling Service contained in the monthly recycling data
reports described in Section 18.04.2. By way of illustration, the Calendar Year
2007 reported commercial recycling tonnage is 1,831.62, and the Calendar Year
2006 reported commercial recycling tonnage is 1,454.34. Therefore, the A TG
factor used for the Agreement Year 2008-2009 adjustment to the Commercial
Recycling Element is as follows: (1831.62 - 1454.34) / 1454.34 = 0.2594.
5.05.7.3 Commercial Recvclina Compensation Element Adiustment. The annual
Commercial Recycling Compensation Element adjustment shall be calculated by
multiplying the Commercial Recycling Compensation Element times (one (1) plus
the sum of the RRI factor and the A TG factor). For example, if the Commercial
Recycling Compensation Element is $100,000, the RRI factor is .045 and the
A TG factor is .12, the Commercial Recycling Compensation Element adjustment
would be calculated using the following formula: 100,000 (1 + .045 + .12) =
$116,500.
5.05.7.4 Commercial Recvclina Compensation Element. For Agreement Year
2008-2009, the Commercial Recycling Compensation Element shall be
$205,130. The Commercial Recycling Compensation Element adjustment for the
following Agreement Years shall be calculated with reference to this amount.
Section 3.
Section 10.02 of the Agreement is hereby amended to read as follows:
10.02 Commercial Waste Audits. CONTRACTOR'S full-time Recycling Coordinator shall
develop an annual Commercial Waste audit plan and submit the plan to the CITY for
review no later than August 1, 2008. Each year thereafter, the annual Commercial
Waste Audit plan shall be submitted no later than July 1. The plan, as approved by the
CITY, shall include information indicating each Commercial Service Unit's recycling
potential and the savings probable from increasing recycling. Upon approval by the
CITY, the annual plan shall be implemented by the CONTRACTOR. At a minimum the
plan shall include the audit of at least two (2) and as many as five (5) Commercial
Service Units per day depending on the needs of the commercial community. The
audits shall be designed to analyze the amount of Recyclable Materials that is being
deposited in Solid Waste bins and containers in order to develop an effective strategy for
reducing the amount of Recyclable Materials so disposed.
10.02.01 Commercial Waste Audit Form. The CONTRACTOR shall develop a
Commercial Waste Audit form and submit it to the CITY for approval. The form
shall indicate the results of each Commercial Waste Audit performed. The
Commercial Waste Audit form shall include, but not be limited to, the name of the
Service Recipient, date of the Commercial Waste Audit, person conducting the
Commercial Waste Audit, an estimate of the weight of Recyclable Materials and
Commercial Organic Waste disposed of in Solid Waste bins and containers, and
the probable savings a Service Recipient would realize by both increasing the
use of the Commercial Recycling Service and the Commercial Organic Collection
Service and decreasing the use of the Commercial Solid Waste Collection
Service. Upon completion of each Commercial Waste Audit, a copy thereof shall
be submitted to the corresponding Service Recipient. The CONTRACTOR shall
5"b t ~
retain a copy of each Commercial Waste Audit so performed throughout the term
of the Agreement.
Section 4.
Section 11.02 of the Agreement is hereby amended to read as follows:
11.02 Roll-Off Container Service. This service will be governed by the following terms
and conditions:
11.02.1 Conditions of Service. Upon receipt of notice from the City
Representative, CONTRACTOR shall provide Roll-Off Container Service for the
Collection of Large Items at no additional cost to the CITY CONTRACTOR shall
deliver and pick-up the Roll-Off Containers at the direction of the City
Representative. The notice to CONTRACTOR shall specify the date of delivery
and Collection of the Roll-Off Containers, the CITY Service Unit location for
delivery, and the number of and size of the Roll-Off Containers to be delivered.
Roll-Off Container service shall be provided within three (3) working days of
receipt of notice or on such date as indicated in the notice thereafter. The
CONTRACTOR shall provide Roll-Off Container service to CITY Service Units in
the Service Area up to fifteen (15) times per Agreement Year, and such Collection
by the CONTRACTOR shall be limited to providing Roll-Off Containers with a
cumulative total capacity of three hundred fifteen (315) cubic yards in any
Agreement Year except as otherwise provided in this Section 11.02. The CITY
Service Unit shall not deposit dirt, rock, concrete, Exempt Waste or Construction
and Demolition Debris in the Roll-Off Containers.
11.02.2 Condition and Placement of Roll-Off Containers. The Roll-Off
Containers shall be clean, free of graffiti and in good repair. The Roll-Off
Containers must be clearly marked and identifiable as belonging to
CONTRACTOR. Special consideration shall be given when determining the
delivery and pickup area for the Roll-Off Containers to ensure that the flow of
traffic is not impeded and that it does not result in aesthetic degradation of an
area. If the CITY Service Unit and the CONTRACTOR cannot agree on a
delivery and pick up area, the area shall be determined by the City
Representative. In addition, if, in the opinion of the City Representative, the
delivery and pick up area is inappropriate, the City Representative may require
the CONTRACTOR to relocate the Roll-Off container.
11.02.3 Calculation of Maximum Cubic Yardaae Capacity of Roll-Off Containers
Per Aareement Year. The CITY may obtain a Roll-Off Container of any given
capacity so long as the total cubic yards remaining to the CITY out of three
hundred fifteen (315) total yards is greater than or equal to one-half (1/2) of the
size of the container ordered, and further provided that the order will not result in
the CITY receiving Roll-Off Container service more than fifteen (15) times in an
Agreement Year. For example, if the CITY has received fourteen Roll-Off
Containers with a total capacity of 300 cubic yards, the CITY could request a
Roll-Off Container with a maximum capacity of 30 cubic yards.
LPtJ6'~~
Section 5.
Section 16.02 of the Agreement is hereby amended to read as follows:
16.02 Public Outreach and Education Services. CONTRACTOR, at their own expense,
shall prepare, submit and implement an annual (Agreement Year) Public Education and
Outreach Program beyond the City's Public Education and Outreach Program. The
proposed action plan must be submitted annually for City approval no later than March
31st for the next Agreement Year. The program must include a minimum of twelve (12)
campaigns per year, designed to increase diversion as well as residential and
commercial participation. Campaigns should target certain Recyclable Materials or
"problem" areas of the CONTRACTOR'S Service Area where improvements can be
maximized. Targets of outreach should be based on local trends and recycling patterns
based on information obtained by both the City Representative and CONTRACTOR
staff.
Section 6.
A new Section 18.05.8 is hereby added to the Agreement to read as follows:
18.05.8 Commercial Waste Audit. All daily commercial waste audits required by the
annual Commercial Waste audit plan in Section 10.02 shall be summarized and
averaged for the quarter. The quarterly report shall also summarize the audit results by
the various segments of Service Recipients who produce Commercial Waste including,
but not limited to, MFD, large commercial, small commercial and schools.
Section 7.
Section 18.06.5 of the Agreement is hereby amended to read as follows:
18.06.5 Summarv of Historical and Proposed Activities. In compliance with Article 16 of
this Agreement, CONTRACTOR shall provide a narrative of activities undertaken during
the year and those planned or proposed for the upcoming year. CONTRACTOR shall
provide information describing if the activity was undertaken in the previous Agreement
Year or not, and if not, why it was added. CONTRACTOR shall describe the reason for
the discontinuation of any activity and shall describe what activity is replacing it. The
CITY shall approve or reject any proposed discontinuation of activities.
Section 8.
A new Section 18.06.6 is hereby added to the Agreement to read as follows:
18.06.6 Diversion Plan. CONTRACTOR shall provide a plan for approval by the CITY
which describes the measures CONTRACTOR intends to take in the upcoming year to
comply with Section 6.01. The diversion plan shall also provide a summary of the actual
diversion achieved during the prior year. The diversion plan shall analyze all current
diversion programs and activities. In order to ensure that progress is made in achieving
the minimum annual diversion rate, the diversion plan shall also recommend, and project
the impact of, programmatic improvements for all services provided under this
Agreement.
Section 9. In the event of a conflict between the Agreement and this Amendment, this
Amendment will control. Except to the extent inconsistent with this Amendment, the parties
ratify and confirm all of the terms and conditions of the Agreement.
-7 (/b I~~
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of
the date and year first above written.
CITY OF DUBLIN
Dated:
By:
Richard C. Ambrose
City Manager
Attest:
By:
Carolyn Parkinson
Interim City Clerk
APPROVED AS TO FORM:
By:
John D. Bakker
City Attorney
AMADOR VALLEY INDUSTRIES, LLC,
a California Limited Liability Company
Dated:
By:
Its:
1103407.1
~ fib I~&f
REDLlNE VERSION OF THE PROPOSED CHANGES TO THE COLLECTION SERVICE
AGREEMENT BETWEEN THE CITY OF DUBLIN AND AMADOR VALLEY INDUSTRIES
Additions are indicated in underline and deletions are indicated in ctrikothrough.
Section 1.
Section 5.03 of the Agreement is hereby amended to read as follows:
5.03 Collection Service Compensation Elements. Collection Service compensation to
the CONTRACTOR shall consist of the following elements; a Collection Compensation
Element, a Disposal Compensation Element, a Container Compensation Element aR€I a
Fee Compensation Element and a Commercial RecvclinG Element.
Section 2.
A new Section 5.05.7 is hereby added to the Agreement to read as follows:
5.05.7 Adiustments to Commercial Recvclina Comoensation Element. The Commercial
RecvclinG Compensation Element consists of two (2) factors: the Refuse Rate
Adjustment (RRI) factor and the annual tonnaae arowth (ATG) factor.
5.05.7.1 RRI Factor. The RRI factor shall be determined in the manner
described in Section 5.05.1.1.
5.05.7.2 Annual Tonnaae Growth Factor. The A TG factor for each
compensation adjustment shall be the percentaae chanae in commercial
recyclina tonnaae between the second (2nd) precedina calendar year and the
precedina calendar year. as determined by addina the collection data for MFD
and Commercial Recyclina Service contained in the monthly recyclina data
reports described in Section 18.04.2. By way of illustration. the Calendar Year
2007 reported commercial recyclina tonnaae is 1.831.62. and the Calendar Year
2006 reported commercial recyclina tonnaae is 1.454.34. Therefore. the A TG
factor used for the Aareement Year 2008-2009 adjustment to the Commercial
RecvclinG Element is as follows: (1831.62 - 1454.34) 1 1454.34 = 0.2594.
5.05.7.3 Commercial Recvclina Comoensation Element Adiustment The annual
Commercial RecvclinG Compensation Element adjustment shall be calculated by
multiplyina the Commercial RecvclinG Compensation Element times (one (1) plus
the sum of the RRI factor and the ATG factor). For example. if the Commercial
RecvclinG Compensation Element is $100.000. the RRI factor is .045 and the
A TG factor is .12. the Commercial RecvclinG Compensation Element adjustment
would be calculated usina the followina formula: 100.000 (1 + .045 + .12) =
$116.500.
5.05.7.4 Commercial Recvclina Comoensation Element. For Aareement Year
2008-2009. the Commercial RecvclinG Compensation Element shall be
$205.130. The Commercial RecvclinG Compensation Element adjustment for the
followina Aareement Years shall be calculated with reference to this amount.
ATTACHMENT 2
Section 3.
Section 4.
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Section 10.02 of the Agreement is hereby amended to read as follows:
10.02 Commercial Waste Audits. CONTRACTOR'S full-time Recycling Coordinator shall
develop an annual Commercial Waste audit plan and submit the plan to the CITY for
review no later than June 1, 2005 Auaust 1. 2008. Each year thereafter. the annual
Commercial Waste Audit plan shall be submitted no later than July 1. The plan, as
approved by the CITY chall be implemented no later than J:::muary 1, 2006. . shall
include information indicatinq each Commercial Service Unit's recyclinq potential and the
savinas probable from increasina recyclina. Upon approval by the CITY. the annual plan
shall be implemented by the CONTRACTOR. At a minimum the plan shall include the
provicion audit of at least two (2) and ~ as many as five (5) Commercial \vacte audits
Service Units per day depending on the needs of the commercial community. The
audits shall be desiqned to analyze the amount of Recyclable Materials that is beina
deposited in Solid Waste bins and containers in order to develop an effective strateay for
reducina the amount of Recyclable Materials so disposed.
10.02.01 Commercial Waste Audit Form. The CONTRACTOR shall develop a
Commercial Waste Audit form and submit it to the CITY for approval. The form
shall indicate the results of each Commercial Waste Audit performed. The
Commercial Waste Audit form shall include. but not be limited to. the name of the
Service Recipient. date of the Commercial Waste Audit. person conductina the
Commercial Waste Audit. an estimate of the weiqht of Recyclable Materials and
Commercial Oraanic Waste disposed of in Solid Waste bins and containers. and
the probable savinas a Service Recipient would realize by both increasina the
use of the Commercial Recyclina Service and the Commercial Oraanic Collection
Service and decreasina the use of the Commercial Solid Waste Collection
Service. Upon completion of each Commercial Waste Audit. a COpy thereof shall
be submitted to the correspondina Service Recipient. The CONTRACTOR shall
retain a COpy of each Commercial Waste Audit so performed throuahout the term
of the Aareement.
Section 11.02 of the Agreement is hereby amended to read as follows:
11.02 Larae Item Collection Service Roll-Off Container Service. This service will be
governed by the following terms and conditions:
11.02.1 Conditions of Service. Upon receipt of notice from the City
Representative. +Ae CONTRACTOR shall provide Large Item Collection Service
to all City Service Unitc in the Service .^.rea whoce Large Itemc have been placed
within three (3) feet of the curb, O'.\'ale, paved Gurface of the public roadway,
clocect acceGcible roadvv'ay, or other cuch location agreed to by the
CONTR/\CTOR and Service Recipient, that will pro'v'ide cafe and efficient
acceccibility to the CONTR/\CTOR'S Collection crow and vehicle. Roll-Off
Container Service for the Collection of Larae Items at no additional cost to the
CITY Tho Service Recipient chall be limited to Goven (7) cubic yardG per
Collection. Each CITY Service Unit in the Service Aroa chall be entitled to receive
Large Item Collection Service up to three (3) timec per /\greement Year.
CONTRACTOR shall deliver and pick-up the Roll-Off Containers at the direction
of the City Representative. The notice to CONTRACTOR shall specify the date of
delivery and Collection of the Roll-Off Containers. the CITY Service Unit location
Section 5.
I f'l.1';. I ".,1),
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t}
for delivery. and the number of and size of the Roll-Off Containers to be
delivered. Roll-Off Container service shall be provided within three (3) workinQ
days of receipt of notice or on such date as indicated in the notice thereafter.
The CONTRACTOR shall provide Roll-Off Container service to CITY Service
Units in the Service Area UP to fifteen (15) times per Aareement Year. and such
Collection by the CONTRACTOR shall be limited to providina Roll-Off Containers
with a cumulative total capacity of three hundred fifteen (315) cubic yards in any
Aareement Year except as otherwise provided in this Section 11.02. The CITY
Service Unit shall not deposit dirt, rock. concrete. Exempt Waste or Construction
and Demolition Debris in the Roll-Off Containers.
11.02.2 Freauencv of gervice. Condition and Placement of Roll-Off Containers.
Large Item Collection gervice chall be provided v:ithin three (3) 'Nork Dayc of
receipt of requect. The Roll-Off Containers shall be clean. free of araffiti and in
aood repair. The Roll-Off Containers must be clearly marked and identifiable as
belonQinQ to CONTRACTOR. Special consideration shall be aiven when
determinina the delivery and pickup area for the Roll-Off Containers to ensure
that the flow of traffic is not impeded and that it does not result in aesthetic
dearadation of an area. If the CITY Service Unit and the CONTRACTOR cannot
aaree on a delivery and pick UP area. the area shall be determined by the City
Representative. In addition, if. in the opinion of the City Representative. the
delivery and pick UP area is inappropriate. the City Representative may reauire
the CONTRACTOR to relocate the Roll-Off container.
11.02.3 Calculation of Maximum Cubic Yardaae Caoacitv of Roll-Off Containers
Per Aareement Year. The CITY may obtain a Roll-Off Container of any aiven
capacity so lona as the total cubic yards remainina to the CITY out of three
hundred fifteen (315) total yards is areater than or eaual to one-half (1/2) of the
size of the container ordered. and further provided that the order will not result in
the CITY receivina Roll-Off Container service more than fifteen (15) times in an
Aareement Year. For example. if the CITY has received fourteen Roll-Off
Containers with a total capacity of 300 cubic yards. the CITY could reauest a
Roll-Off Container with a maximum capacity of 30 cubic yards.
Section 16.02 of the Agreement is hereby amended to read as follows:
16.02 Public Outreach and Education Services. CONTRACTOR, at their own expense,
shall prepare, submit and implement an annual (Agreement Year) Public Education and
Outreach Program beyond the City's Public Education and Outreach Program. The
proposed action plan must be submitted annually for City approval no later than March
31 st for the next Agreement YeaL The program must include a minimum of four (1)
twelve (12) campaigns per year, designed to increase diversion 8f'IEi as well as
residential and commercial participation. Campaigns should target certain Recyclable
Materials or "problem" areas of the CONTRACTOR'S Service Area where improvements
can be maximized. Targets of outreach should be based on local trends and recycling
patterns based on information obtained by both the City Representative and
CONTRACTOR staff.
\ \116 (~.t:t
Section 6.
A new Section 18.05.8 is hereby added to the Agreement to read as follows:
18.05.8 Commercial Waste Audit. All daily commercial waste audits reauired by the
annual Commercial Waste audit plan in Section 10.02 shall be summarized and
averaaed for the auarter. The auarterly report shall also summarize the audit results by
the various seaments of Service Recipients who produce Commercial Waste includinq,
but not limited to. MFD. larqe commercial. small commercial and schools.
Section 7.
Section 18.06.5 of the Agreement is hereby amended to read as follows:
18.06.5 Summary of Historical and Proposed Activities. In compliance with Article 16 of
this Agreement, CONTRACTOR shall provide a narrative of activities undertaken during
the year and those planned or proposed for the upcoming year. CONTRACTOR shall
provide information describing if the activity was undertaken in the previous Agreement
Year or not... and if not... why it was added. CONTRACTOR shall describe the reason for
the discontinuation of any activity and shall describe what activity is replacing it. The
CITY shall approve or reject any proposed discontinuation of activities.
Section 8.
A new Section 18.06.6 is hereby added to the Agreement to read as follows:
18.06.6 Diversion Plan. CONTRACTOR shall provide a plan for approval by the CITY
which describes the measures CONTRACTOR intends to take in the upcomina year to
comply with Section 6.01. The diversion plan shall also provide a summary of the actual
diversion achieved durina the prior year. The diversion plan shall analyze all current
diversion proarams and activities. In order to ensure that proaress is made in achievina
the minimum annual diversion rate. the diversion plan shall also recommend. andproiect
the impact of. programmatic improvements for all services provided under this
Aareement.
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COLLECTION SERVICE AGREEMENT
How. WheN
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Executed Between the
City of Dublin
and
Amador Valley Industries, LLC
January 12f 2005
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Attachment 3
Collection Service Agreement.
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TABLE OF CONTENTS
Collection Service Agreement
ARTICLE 1. Definitions.......................... ................................ ........................................ ..6
ARTICLE 2. Term of Agreement............................ ................................................. ....... 14
ARTICLE 3. Services Provided by the Contractor..... n n................................ ................. 14
ARTICLE 4. Service Billing and Collection. .................... no __..... .............. ................... .....24
ART I CLE 5. Compensation and Rates ___ no........ .................. .... .......... ..... .......... ........... ..26
ARTICLE 6. Diversion Requirements .... .................. .._....................--. m__.......... .............31
ARTICLE 7. Service Units......... .... .__................ ........ ................. .-.............. ......... .---....... 31
ARTICLE 8. SFD Collection Services.. .................n ............................... ........................ 32
ARTICLE 9. MFD Collection Services. ....................... __ ................... ............ ........... ____...35
ARTICLE 10. Commercial Collection Services .............. ............... --.... ....... .................... 37
ARTI CLE 11. CITY Collection Services _n........................ ................ -- --......... ................. 38
ARTICLE 12. Collection Routes........ ............. __........................................m __................41
ARTICLE 13. Minimum Performance and Diversion Standards.....................................42
ARTICLE 14. Collection Equjpment........... ............................................... .... --.... ........ ...42
ARTICLE 15. Contractor's Office......................................... --.... ................................. ...45
ARTICLE 16. Other Services................... ............... ......................... .... 0--" --............ .......46
ARTICLE 17. Emergency Service Proyisions .................-- -- ..... ..... ... .... 0---'" ...................49
ARTICLE 18. Record Keeping and Reporting Requirements...................--....................49
ARTICLE 19. Nondiscrimination................. n._......... 0......... _n..... ............ n.................. 0...52
ARTICLE 20. Prevailing Wages and Worker Retention .................................................53
ARTICLE 21. Service Inquiries and Complaints ..... ........... ................... ........". m........... 53
ARTICLE 22. Quality of Performance of Contractor........... .........___......... ....................... 54
ARTICLE 23. PeriOnTIance Bond.. ._.. ._..... ................. ................ --......... .......... ....... .........57
ARTICLE 24. Insurance............n. .__. ................ ...... ....................... ....... .......... ................57
ARTICLE 25. Indemnification" __.................... .._........... ......... ,. .--..... ........ .... .................. .60
ARTICLE 26. Default of Contract....................... ___.......... .............................. --............... 61
ARTICLE 27. Modifications to the Agreement ............................__.................................64
ARTICLE 28. Legal Representation.................. ...... .... .............-- ........ ................. ...........65
ARTICLE 29. Financial Interest................... .........__ ............ ............................. --......... ... 66
ARTICLE 30. Contractor's Personnel... u............. ............. .............--. --............. ......... ..... 66
ARTICLE 31. Exempt Waste........... ....... __......... ......... __. ................. ........ ........... ..-..-. .....67
ARTICLE 32. Independent Contractor....................,..................... --................... -. m....... 67
ARTICLE 33. Laws to Govern..... ..__ _. .__....................................................... ..................67
ARTICLE 34. Consent to Jurisdiction.......... ................................................................ -- 67
ARTICLE 35. Assignment......... ..... ._............ ....................... ....... ............. ............ ........... 67
ARTICLE 36. Compliance with Laws ____ .................... ........... ......-- --...... ............... ...........69
ARTICLE 37. Permits and Licenses _m.................. .__..................................................... 69
ARTICLE 38. Ownership of Written Materials ..... .....__..... ............. --............... ............ .....69
ARTICLE 39. Waiver ............__.__...............,.--................... __.. ........ ...... ----........... ............. 69
ARTICLE 40. Prohibition Against Gifts ...... __.................. ..-- __u.............................. ....___...70
ARTICLE 41. Point of COntact.......... ............. __.................... __................... _....................70
ARTICLE 42. Notices.................................................................................................... 70
ARTICLE 43. Transition to Next Contractor..... ................. ....... ............ ........... ............... 71
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ARTICLE 44. Contractor's Records .........."......."H........ .............." ........... ... ..... ............. 71
ARTICLE 45_ Entire Agreement... -............................ .___.. ... .......,........ __. ___. ... ................. 72
ARTICLE 46_ Severability............ ............... ........ ___ --u............ ............... ___............ ......... 72
ARTICLE 47. Right to Require Perlormance ....... ,_. ......... .... .........__..__.... ....... ........ d_. ___. 72
ARTICLE 48. All Prior Agreements Superseded ..............____.__...........................__......... 72
ARTICLE 49. Headings.. -.............. ............ .--................ .... ............................... _............. 72
ARTICLE 50. Exhibits..... .-.--... ............... ....... ----.--. ... .................... ____ __............ ...........__., 73
ARTICLE 51. Effective Date...... ..................... __ _..............................................,...,.... __... 73
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
EXHIBIT 5
EXHIBIT 6
EXHIBIT 7
EXHIBIT 8
EXHIBIT 9
EXHIBIT 10
EXHIBIT 11
Compensation and Rates
Compensation Adjustment Model
City Service Units
Collection Service Performance Bond
Approved Subcontractors
City Sponsored Events
AVI Transition Plan
A VI Public Education Plan
AVI Diversion Plan
AVI HHW Disposal Event Plan
Vehicle Specifications
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Collection Service Agreement
CITY OF DUBLIN
This Agreement made and entered into this 12th day of January, 2005, by and between
the City of Dublin, a municipal corporation of the State of California, hereinafter referred
to as "CITY" and Amador Valley Industries, LLC., a California limited liability corporation,
hereinafter referred to as "CONTRACTOR".
RECITALS
WHEREAS; the Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989 ("Act") and subsequent additions and
amendments (codified at California Public Resources Code Section 40000 et seq.), has
declared that it is in the public interest to authorize and require local agencies to make
adequate provisions for Solid Waste Collection within their jurisdiction; and,
WHEREAS; the State of California has found and dedared that the amount of Solid
Waste generated in California, coupled with diminishing landfill space and potential
adverse environmental impacts from landfilling and the need to conserve natural
resources. have created an urgent need for State and local agencies to enact and
implement an aggressive integrated waste management program. The State has.
through enactment of the Act, directed the responsible State agency, and all local
agencies, to promote disposal site diversion and to maximize the use of feasible Solid
Waste reduction, re-use, recycling, and composting options in order to reduce the
amount of Solid Waste that must be disposed of in disposal sites; and,
WHEREASj the City finds that the voters of Alameda County, through the Alameda
County Source Reduction and Recycling Plan required by the Waste Reduction and
Recycling Act of 1990 (Measure D), have adopted a policy goal to reduce the total
quantity of Solid Waste landfilled in Alameda County by diverting seventy five percent
(75%) of the materials generated in Alameda County from landfills by 2010; and
WHEREAS: under Chapter 5.32.130 of the City's Municipal Code, the City has the
authority to issue an exclusive franchise to a Contractor to provide for the Collection of
Solid Waste and Organic Materials; and
WHEREAS; pursuant to California Public Resources Code Section 40059(a) as may be
amended from time to time, the City has determined that the public health, safety, and
well-being require that an exclusive right be awarded to a qualified Contractor to provide
for the Collection of Solid Waste, Recyclable Materials, and Organic Materials, except
for Collection of materials excluded in the City's Municipal Code, and other services
related to meeting the Act's 50% Diversion goal and other requirements of the Act; and,
WHEREAS; the City further declares its intent to regulate Contractor's compensation
and set the rates Contractor will charge customers for the Collection, transportation,
processing, recycling, composting, and/or disposal of Solid Waste, Recyclable Materials,
Organic Materials; and
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39 WHEREAS; the City Council has determined through a competitive procurement
40 process for Collection Services that Contractor, by demonstrated experience, reputation
41 and capacity, is qualified to provide for the Collection of Solid Waste, Recyclable
42 Materials, and Organic Materials within the corporate limits of the City, the transportation
43 of such material to appropriate places for processing, recycling, composting and/or
44 disposal; and City Council desires that Contractor be engaged to perform such services
45 on the basis set forth in this Agreement; and .
46 WHEREAS; the Contractor, through its proposal to the City. has proposed and
47 represented that it has the ability and capacity to provide for the Collection of Solid
48 Waste. Recyclable Materials, and Organic Materials within the corporate limits of the
49 City; the transportation of such material to appropriate places for processing, recycling,
50 composting and/or disposal; and the processing of materials; and
51 WHEREAS, this Agreement has been developed by and is satisfactory to the City and
52 the Contractor,
53 Now, therefore, in consideration of the mutual coyenants, conditions and consideration
54 contained herein, the CITY and CONTRACTOR hereby agree as hereinafter set forth:
55
ARTICLE 1. Definitions
56 For the purpose of this Collection Service Agreement, hereinafter referred to as
57 "Agreement", the definitions contained in this Article shall apply unless otherwise
58 specifically stated. If a word or phrase is not defined in this Article, the definition of such
59 word or phrase as contained in Chapter 5.32 of the Dublin Municipal Code shall control.
60 When not inconsistent with the context, words used in the present tense include the
61 future, words in the plural include the singular, and words in the singular include the
62 plural. Use of the masculine gender shall include the feminine gender.
63 1.01 AB 939. The California Integrated Waste Management Act (California
64 Public Resources Code Sections 40000 at al.), as amended from time to time.
65 1.02 Aareement. The written document and all amendments thereto, between
66 the CITY and the CONTRACTOR, governing the provision of Collection Services as
67 provided herein.
68 1.03 Aoreement Year. Each twelve (12) month period from July 111\ to June 30th,
69 beginning July 1, 2005.
70 1.04 Alternative Dailv Cover (ADC)' Disposal Facility cover material, other than
71 Organic Waste and at least six (6) inches of earthen material, placed on the surface of
72 the active face of the refuse fill area at the end of each operating day to control yectors,
73 fires, odor, blowing litter and scavenging, as defined in Section 20164 of the California
74 Code of Regulations.
75 1.05 Biohazardous or Biomedical Waste. Any waste which may cause disease
76 or reasonably be suspected of harboring pathogenic organisms; included are waste
77 resulting from the operation of medical clinics, hospitals, and other facilities processing
78 wastes which may consist of, but are not limited to, human and animal parts,
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79 contaminated bandages, pathological specimens, hypodermic needles, sharps,
80 .contaminated clothing and surgical gloves.
81 1.06 Brown Goods. Electronic equipment such as stereos, televisions, VCR's,
82 PDA's, telephones, and other similar items not containing cathode ray tubes (CRTs).
83 1.07 Business Service Unit. All retail, professional, wholesale and industrial
84 facilities, and other commercial enterprises offering goods or services to the public.
85 1.08 CITY. The City of Dublin, California.
86 1.09 City Collection Service. City Solid Waste Collection Service, City Recycling
87 Service, City Organic Collection Service, Large Item Collection Service. Neighborhood
88 Cleanup Service, and Special Event Collection Service.
89 1.10 City Oraanic Collection Service. The Collection of Organic Waste, by the
90 CONTRACTOR, from City Service Units in the Service Area and the deliyery of that
91 Organic Waste to the Organics Processing Facility.
92 1.11 City Recyclina Service. The Collection of Recyclable Materials, by the
93 CONTRACTOR, from City Service Units in the Service Area and the delivery of those
94 Recyclable Materials to a Materials Recovery Facility.
95 1.12 Citv Representative. That person, or their designee. designated by the
96 CITY to administer and monitor the provisions of this Agreement.
97 1.13 City Service Unit. Those CITY properties or locations as set forth in Exhibit
98 3. "City Service Units\ which is attached to and included in this Agreement.
99 1.14 City Waste. Solid Waste, Green Waste, Organic Waste and Large Items
100 resulting from the normal activities of a City Service Unit City Waste must be generated
101 by and at the City Service Unit wherein the City Waste is Collected and does not include
102 items defined herein as Exempt Waste.
103 1.15 City Solid Waste Collection Service. The Collection of Solid Waste by the
104 CONTRACTOR, from City Service Units in the Service Area, and the delivery of that
105 Solid Waste to a Disposal Facility.
106 1.16 Collection. The process whereby Residential Waste, Commercial Waste.
107 City Waste and Recyclable Materials are removed and transported to a Disposal Facility,
108 Organics Processing Facility, Green Waste Processing Facility or Materials Recovery
109 Facility, as appropriate.
110 1.17 Collection Service. SFD Collection Service, MFD Collection Service, City
111 COllection Service and Commercial Collection Service.
112 1.18 Commercial Collection Service. Commercial Solid Waste Collection Service,
113 Commercial Recycling Service, and Commercial Organic Collection Service.
114 1.19 Commercial Organic Collection Service. The Collection of Commercial
115 Organic Waste from Commercial Service Units and Commercial Organic Service Units
116 and the delivery of the Commercial Organic Waste to the Organics Processing Facility.
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117 1.20 Commercial OrQanic Service Unit. Commercial Organic Waste generators
118 who are not Commercial Service Units, such as government facilities including. but not
119 limited to; Parks Reserves Forces Training Area and Santa Rita Jail. and all schools
120 both public and private in the Service Area.
121 1.21 Commercial Organic Waste. Green Waste. food scraps and trimmings
122 from food preparation, including but not limited to; fruit and vegetable waste, grain
123 waste, dairy waste, Stable Matter, meat and fish waste, and such items as non-
124 recyclable or contaminated paper such as pizza boxes, take-out food cartons
125 (cardboard), paper towels, waxed cardboard, wooden packaging such as crates and
126 untreated and unpainted wallboard, etc. that are separated at the source of generation
127 for inclusion in the Commercial Organic Collection Service program.
128 1.22 Commercial Recvclino Service. The Collection of Recyclable Materials, by
129 the CONTRACTOR, from Commercial Service Units in the Service Area, the delivery of
130 those Recyclable Materials to a Materials Recovery Facility and the processing and
131 marketing of those Recyclable Materials.
132 1.23 Commercial Service Unit. Business Service Units, and Mixed Use Dwellings
133 that utilize a Garbage Cart or Bin for the accumulation and set-out of Solid Waste.
134 1.24 Commercial Solid Waste Collection Service. The Collection of Solid Waste
135 by the CONTRACTOR, from Commercial Service Units in the Service Area, and the
136 delivery of that Solid Waste to a Disposal Facility.
137 1.25 Commercial Waste. Solid Waste and Commercial Organic Waste
138 generated by and at a Commercial Service Unit
139 1.26 Comoactor. Any Roll-Off Contajner or bin which has a compaction
140 mechanism, whether stationary or mobile.
141 1.27 CompostinQ. The controlled biological decomposition of Organic Waste into
142 a specific mixture of decayed organic matter used for fertilizing or soil conditioning.
143 1.28 Construction and Demolition Debris. Used or discarded materials removed
144 from premises during construction or renoyation of a structure resulting from
145 construction, remodeling, repair or demolition operations on any pavement, house,
146 commercial building, or other structure and such other materials as may be removed
147 during the normal cleanup process of such construction, remodeling, repair, or
148 demolition operations.
149 1.29 Construction and DemoUtion Debris Collection Service. The Collection of
150 Construction and Demolition Debris by a person or company that holds a valid non-
151 exclusive Construction and Demolition Debris franchise from the CITY and the delivery
152 of that material to an appropriate facility.
153 1.30 CO NTRACTOR. Amador Valley Industries, LLC.
154 1.31 County. Alameda County, California.
155 1.32 Disposal Services. The final processing and disposition of materials
156 Collected under the terms of this Agreement.
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157 1.33 Disposal Contractor. The entity who has obtained from the CITY an
158 Agreement to provide Disposal Services.
159 1_34 Disposal Facility. The Altamont Landfill owned by Waste Management of
160 Alameda County, Inc., located in Alameda County or such place or places specifically
161 designated by the CITY for the disposal, or processing as appropriate, of Solid Waste
162 and other materials as appropriate-
163 1.35 Dwelling Unit. Any individual living unit in a single family dwelling (SFD) or
164 multi-family dwelling (MFD) structure or building intended for, or capable of being utilized
165 for, residential living other than a Hotel or Motel.
166 1_36 E-Waste. Discarded electronics equipment such as cell phones, computers,
167 monitors, televisions, and other items containing cathode ray tubes (CRTs).
168 1.37 Exempt Waste. Biohazardous or Biomedical Waste, Hazardous Waste,
169 Household Hazardous Waste, Sludge, Green Waste or lumber that is more than five (5)
170 feet in length in its longest dimension or two (2) feet in diameter, soil and dirt, concrete,
171 asphalt, automobiles, automobile parts, boats. boat parts, boat trailers, internal
172 combustion engines, lead-acid batteries, and those wastes under the control of the
173 Nuclear Regulatory Commission. Exempt Waste does not include Used Oil, Used Oil
174 Filters, or household batteries when placed for Collection as set forth in this Agreement
175 or as otherwise directed by the CITY.
176 1.38 GarbaQe. AU putrescible waste which generally includes, but is not ~imited
177 to, kitchen and table food waste, animal, vegetatiye, food or any organic waste that is
178 attendant with, or results from the storage, preparation, cooking or handling of food
179 materials attributed to normal actiyities of a Service Unit. Garbage must be generated
180 by and at the Service Unit wherein the Garbage is Collected. Garbage does not include
181 those items defined herein as Residential Organic Waste. Commercial Organic Waste or
182 Exempt Waste.
183 1.39 Garbaoe Bin. A metal or plastic container, with a capacity of one (1) cubic
184 yard up to and including eight (8) cubic yards. designed or intended to be mechanically
185 dumped into a loader packer type garbage truck, that is approved for such purpose by
186 the CITY Garbage Bins may also include Compactors that are owned by the MFD or
187 Commercial Service Unit wherein the MFD or Commercial Collection Service occurs.
188 1.40 Garbage Cart. A heavy plastic receptacle with a rated capacity of at least
189 thirty-two (32) and not more than ninety-six (96) gallons, having a hinged tight-fitting lid
190 and wheels, that is approved by the City Representative for use by Service Recipients
191 for Collection Services under this Agreement.
192 1.41 Green Waste. Any yegetative matter resulting from normal yard and
193 landscaping maintenance that is not more than three (3) feet in its longest dimension or
194 six (6) inches in diameter and fits in the Organic Waste Cart utilized by the Service
195 Recipient. Green Waste includes plant debris, such as Palm, Yucca and Cactus, grass
196 clippings, leaves, pruning, weeds, branches, brush, Christmas trees, and other forms of
197 vegetative waste and must be generated by and at the Service Unit wherein the Green
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198 Waste is Collected. Green Waste does not include items herein defined as Exempt
199 Waste.
200 1.42 Green Waste Processino Facility. Any facility, selected by the
201 CONTRACTOR and approved by the CITY, or specifically designated by the CITY, that is
202 designed, operated and legally permitted for the purpose of receiving, and processing
203 Green Waste and Large Green Waste.
204 1.43 Hazardous Waste. Any material which is defined as a hazardous waste
205 under California or United States law or any regulations promulgated pursuant to such
206 law, as such law or regulations may be amended from time to time.
207 1.44 Household Hazardous Waste. Any Hazardous Waste generated at an SFD
208 or MFD Service Unit.
209 1.45 Hotel or Motel. A structure or building unit(s) capable of being utilized for
210 residential living where such unit or a group of such units is regularly rented to transients
211 or held out or advertised to the public as a place regularly rented to transients for periods
212 of seven (7) days or less. To meet this definition, the Hotel or Motel must be licensed to
213 operate as such.
214 1.46 Laroe Items. Those materials including furniture; carpets; mattresses;
215 White Goods; Brown Goods; E-Waste; clothing; tires without rims; Large Green Waste;
216 or some combination of such items in a container the dimensions of which container
217 does not exceed four feet by four feet by two feet (4'x4'x2') and weighing no more than
218 sixty (60) pounds, which are attributed to the normal activities of a SFD, MFD, or City
219 Service Unit. large Items must be generated by and at the Service Unit wherein the
220 Large Items are Collected. Large Items do not include items herein defined as Exempt
221 Waste.
222 1.47 Laroe Green Waste. Oversized Green Waste such as tree trunks and
223 branches with a diameter of not less than six (6) inches and not more than two (2) feet
224 and a length of not more than five (5) feet in its longest dimension, which are attributed
220 to the normal activities of a SFD, MFD, or City Service Unit. Large Green Waste must
226 be generated by and at the Serl/ice Unit wherein the Large Green Waste is Collected.
227 1.48 Large Item Collection Service. The periodic on-call Collection of Large
228 Items, by the CONTRACTOR, from Service Units in the Service Area and the delivery of
229 those Large Items to a Disposal Facility, Materials Recovery Facility, Green Waste
230 Processing Facility or such other facility as may be appropriate under the terms of this
231 Agreement. Large Item Collection Service does not include the Collection of Large
232 Items through the use of Roll-Off Containers.
233 1.49 Materials Recovery Facility (MRF). Any facility, selected by the
234 CONTRACTOR and approved by the CITY, or specifically designated by the CITY,
235 designed, operated, and legally permitted for the purpose of receiving, sorting,
236 processing, storing, or preparing Recyclable Materials for sale. CONTRACTOR has
237 selected, and CITY has approved, the use of the Pleasanton Transfer Station and
238 Materials Recovery Facility in Pleasanton, the Alameda County Industries facility in San
239 Leandro or the Tracy Materials Recovery and Solid Waste Transfer, Inc. facility in Tracy_
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240 1.50 MFD Collection Service. MFD Solid Waste Collection Service, MFD
241 Recycling Service. Large Item Collection Service, and Used Oil Collection Service.
242 1.51 MFD Recyclina Service. The Collection of Recyclable Materials, by the
243 CONTRACTOR. from MFD Service Units in the Service Area, the delivery of those
244 Recyclable Materials to a Materials Recovery Facility and the processing and marketing
245 of those Recyclable Materials.
246 1.52 MFD Service Unit. Any combination of Dwelling Units in the Service Area
247 utilizing a common Garbage Bin for the accumulation and set-out of Solid Waste.
248 1.53 MFD Solid Waste Collection Service. The Collection of Solid Waste, by the
249 CONTRACTOR, from MFD Service Units in the Service Area and the delivery of that
250 Solid Waste to a Disposal Facility.
251 1.54 Minimum SFD Collection Service. The CITY mandatory service level for
252 SFD Service Units whose costs are collected by the CITY on the annual property tax bill.
253 1.55 Mixed Use Dwellina. A building or structure which contains at least one (1)
254 Business Service Unit and at least one (1) Dwelling Unit and utilizes a common Garbage
255 Bin or Garbage Cart for the accumulation and Collection of Solid Waste.
256 1.56 NeiQhborhood Cleanuo Service. The periodic Collection of Large Items and
257 Green Waste using Roll-Off Containers by the CONTRACTOR resulting from CITY
258 sponsored special clean-up program events. Such Collection by the CONTRACTOR
259 shall be limited to the equivalent of four hundred eighty (480) cubic yards in any
260 Agreement Year.
261 1.57 Non-Collection Notice. A form developed and used by the CONTRACTOR,
262 as approved by the CITY, to notify Service Recipients of the reason for non-collection of
263 materials set out by the Service Recipient for Collection by CONTRACTOR pursuant to
264 this Agreement.
265 1.58 Qraanic Waste- Commercial Organic Waste and Residential Organic
266 Waste.
267 1.59 Oraanic Waste Bin. A metal or plastic container, with a capacity of one (1)
268 cubic yard up to and including eight (8) cubic yards, designed or intended to be
269 mechanically dumped into a loader packer type truck, that is approved for such purpose
270 by the CITY.
271 1.60 Qraanic Waste Cart. A heavy plastic receptacle with a rated capacity not
272 exceeding ninety-six (96) gallons, having a hinged tight-fitting lid, and wheels, that is
273 approYed for such purpose by the CITY and is appropriately labeled as an Organic
274 Waste Cart.
275 1.61 Oraanic Waste Processina Facility. Any facility, selected by the
276 CONTRACTOR and approved by the CITY, or speCifically designated by the CITY,
277 designed, operated. and legally permitted for the purpose of receiving, sorting,
278 processing, storing, or preparing for sale, Organic Waste. CONTRACTOR has selected,
279 and CITY has approved the use of the Grover facility in Vernal is, the Z-Best facility in
280 Gilroy, or the ACWMAlMaterials Recovery Industries facility (once completed), in Sunol.
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281 1.62 Recyclable Materials. Those materials which are capable of being recycled
282 and which would otherwise be processed or disposed of as Solid Waste. Recyclable
283 Materials include those materials defined by the CITY, including newsprint (including
284 inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated
285 cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper,
286 and telephone books); glass containers; aluminum beverage containers; small scrap and
287 cast aluminum (not exceeding forty (40) pounds in weight nor two (2) feet in any
288 dimension for any single item); steel including "tinn cans, aerosol cans (empty, non~toxic
289 products) and small scrap (not exceeding forty (40) pounds in weight nor two (2) feet in
290 any dimension for any single item); bimetal containers; plastic bottles (#1-7); aluminum
291 foil and pans; dry cell household batteries when contained in a sealed heavy-duty plastic
292 bag; and those materials added by the CONTRACTOR from time to time.
293 1.63 Recyclina Bin. A plastic or metal container, with a capacity of one (1) cubic
294 yard up to and including eight (8) cubic yards, designed or intended to be mechanically
295 dumped into a loader packer type recycling truck, that is approved for such purpose by
296 the CITY and is appropriately labeled as a Recycling Bin.
297 1.64 Recycling Cart. A heavy plastic receptacle with a rated capacity of at least
298 thirty-two (32) gallons and not more than ninety-six (96) gallons, having a hinged tight-
299 fitting lid, and wheels, that is approved for such purpose by the CITY and is appropriately
300 labeled as a Recycling Cart.
301 1.65 Residential OrQanic Waste. Green Waste, food scraps and trimmings from
302 food preparation, fruit and vegetable waste, stable Matter, contaminated paper such as
303 pizza boxes, take-out food cartons (cardboard), paper towels, etc. that are separated at
304 the source of generation for inclusion in the SFD Organic Collection Service program.
305 1_66 Residential Waste. Solid Waste, Green Waste, Residential Organic Waste,
306 Large Items, Used OH, and Used Oil Filters resulting from the normal activities of a SFD
307 or MFD Service Unit. Residential Waste must be generated by and at the SFD or MFD
308 Service Unit wherein the Residential Waste is Collected and does not include items
309 defined herein as Exempt Waste.
310 1.67 Roll-Off Container. A metal container that is normally loaded onto a motor
311 vehicle and transported to an appropriate facility.
312 1.68 Rubbish. All refuse, accumulation of paper, excelsior, rags, wooden boxes
313 and containers, sweep-ups and all other accumulations of a nature other than Garbage
314 and Organic Waste, resulting from the normal activities of a Service Unit. Rubbish must
315 be generated by and at the Service Unit wherein the Rubbish is Collected. Rubbish
316 does not inclUde items herein defined as Exempt Waste.
317 1.69 Service Area. That area within the corporate limits of the City of Dublin_
318 1_70 Service Recipient. An individual or company receiYing Collection Service.
319 1.71 Service Unit. SFD Service Units, MFD Service Units, City Service Units,
320 Commercial Service Units or Commercial Organic Service Units.
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321 1.72 SFD Collection Service. SFD Solid Waste Collection Service, SFD
322 Recycling Service, SFD Organic Collection Service, Large Item Collection Service, and
323 Used Oil Collectjon Service.
324 1.73 SFD Oroanic Collection Service. The Collection of Residential Organic
325 Waste by the CONTRACTOR from SFD Service Units in the Service Area, the delivery
326 of that Residential Organic Waste to an Organic Waste Processing Facility and the
327 processing and marketing of that Residential Organic Waste.
328 1.74 SFD Re~cling Service. The Collection of Recyclable Materials by the
329 CONTRACTOR from SFD Service Units in the Service Area, the delivery of those
330 Recyclable Materials to a Materials Recovery Facility and the processing and marketing
331 of those Recyclable Materials.
332 1.75 SFD Solid Waste Collection Service. The Collection of Solid Waste, by the
333 CONTRACTOR, from SFD Service Units in the Service Area and the delivery of that
334 Solid Waste to a Disposal Facility.
335 1.76 SFD Service Unit. Any Dwelling Unit in the Service Area utilizing a Garbage
336 Cart, or any combination of Dwelling Units sharing Garbage Carts, for the accumulation
337 and set out of Solid Waste.
338 1.77 Sludoe. The accumulated solids, residues, and precipitates generated as a
339 result of waste treatment or processing. including wastewater treatment, water supply
340 treatment, or operation of an air pollution control facility, and mixed liquids and solids
341 pumped from septic tanks, grease traps. privies, or similar disposal appurtenances or
342 any other such waste having similar characteristics or effects.
343 1.78 Soecial Event Collection Service. The Collection of Solid Waste, Recyclable
344 Materials and other materials as appropriate at City~sponsored special events.
345 1.79 Solid Waste. Garbage and Rubbish resulting from the normal activities of a
346 Service Unit Solid Waste must be generated by and at the Service Unit wherein the
347 Solid Waste is Collected and does not include items defined herein as Exempt Waste.
348 1.80 Stable Matter. Manure and other waste matter normally accumulated and
349 stables or in livestock or poultry enclosures.
350 1.81 Used Oil. Any oil that has been refined from crude oil or has been
351 synthetically produced, and is no longer useful to the Service Recipient because of
352 extended storage, spillage or contamination with non-hazardous impurities such as dirt
353 or water; or has been used and as a result of such use has been contaminated with
354 physical or chemical impurities. Used Oil must be generated by and at the SFD or MFD
355 Service Unit wherein the Used Oil is Collected. Used Oil does not include transmission
356 fluid.
357 1.82 Used Oil Collection Service. The Collection of Used Oil in Used Oil
358 Containers and Used Oil Filters in Used Oil Filter Containers, by the CONTRACTOR,
359 from Service Units in the Service Area utilizing Used Oil and Filter Containers for the
360 accumulation and set-out of Used Oil and Used Oil Filters and the appropriate
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361 disposition of the Used Oil and Used Oil Filters in accordance with the requirements of
362 this Agreement.
363 1.83 Used Oil Container. A plain co poly container provided by the
364 CONTRACTOR for the accumulation of Used Oil that is at least four (4) quarts in
365 capacity. leak-proof, has a screw-on lid and has a label designating it for use as a Used
366 Oil Container.
367 1.84 Used Oil Filter. Any oil filter that is no longer useful to the Service Recipient
368 because of extended storage, spillage or contamination with non-hazardous impurities
369 such as dirt or water; or has been used and as a result of such use has been
370 contaminated with physical or chemical impurities. Used Oil Filters must be generated
371 by and at the SFD or MFD Service Unit wherein the Used Oil Filter is Collected.
372 1.85 Used Oil Filter Container. A six (6) mil poly bag with double track seal with
373 dimensions of at least fourteen and one-half (14.5) inches by eight (8) inches with a one
374 and one-quarter (1"4) inch diameter hole above the seal provided by the CONTRACTOR
375 for the accumulation of Used Oil Filters that has a label designating it for use as a Used
376 Oil Filter Container.
377 1.86 White Goods. Discarded refrigerators, ranges. water heaters, freezers, and
378 other similar household appliances.
379 1.87 Work Da~ Any day, Monday through Saturday that is not a holiday as set
380 forth in Section 3.09 of this Agreement.
381 ARTICLE 2. Term of Agreement
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382 2.01 Initial Term. The initial term of this Agreement shall be for a seven (7) year
383 period beginning July 1, 2005 and terminating on June 3D, 2012.
384 2.02 Extension of Term. The CITY shall have the option in its sole discretion to
385 extend this Agreement for one (1) additional three (3) year period. Provided the City
386 Manager detennines that the CONTRACTOR has met the minimum performance and
387 diversion requirements, as set forth in Article 13, the CITY may elect to exercise this
388 option by giving written notice to CONTRACTOR on or about July 1, 2011. If the term of
389 this Agreement is extended, the compensation provisions of Article 5 shall not be subject
390 to negotiation. However, the compensation payable to CONTRACTOR shall be adjusted
391 annually throughout the extended term as provided in Article 5.
392 2.03 Other Provisions. The CITY may, at the end of the initial Agreement term or
393 optional extended term, as appropriate, either renegotiate the terms and conditions of
394 the Agreement with the current CONTRACTOR or request proposals from qualified
395 contractors to provide Collection Services.
396 ARTICLE 3. Services Provided by the Contractor
397 3.01 Grant of Exclusive Aareement. Except as otherwise provided in this
398 Agreement, the CONTRACTOR is herein granted an exclusive Agreement to provide
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399 Collection Services within the Service Area. No other solid waste or recycling services
400 shall be exclusive to the CONTRACTOR.
401 3.02 Limitations to Scope of ExClusive Aqreement.
402 3.02.1 Recyclable Materials or Large Items that are source separated (as
403 defined in Dublin Municipal Code 5.32.040) from Solid Waste by Service Units, for which
404 the waste generator sells or is otherwise compensated by a collector in a manner
405 resulting in a net payment to the waste generator when such collector is permitted under
406 Chapter 5.32 of the CITY Municipal Code:
407 3.02.2 Solid Waste, Recyclable Materials. Large Items or Organic Waste. which
408 is removed from any SFD Service Unit, MFD Service Unit, Commercial Service Unit, or
409 City Service Unit and which is transported personally by the owner or occupant of such
410 premises (or by his or her full-time employees) to a processing or Disposal Facility;
411 3.02.3 Recyclable Materials, Organic Waste or Large Items which are source
412 separated at any premises by the waste generator and donated to youth, civic or
413 charitable organizations;
414 3.02,4 Containers delivered for Recycling under the California Beverage
415 Container Recycling Litter Reduction Act, Section 14500, et seq.
416 3.02.5 Green Waste removed from a premises by a gardening. landscaping, or
417 tree trimming company as an incidental part of a total service offered by that company
418 rather than as a hauling service;
419 3.02.6 Materials that are not defined herein as Recyclable Materials but which
420 are coHected for Recycling by a collector who is permitted pursuant to Chapter 5.32 of
421 the CITY Municipal Code.
422 3.02.7 Construction and Demolition Debris Collection service;
423 3.02.8 Large Items removed from a premises by a property cleanup or
424 maintenance company as an incidental part of the total cleanup or maintenance service
425 offered by the company rather than as a hauling service;
426 3.02.9 Animal waste and remains from slaughterhouse or butcher shops for use
427 as tallow;
428 3.02.10 By-products of sewage treatment, including Sludge, ash, grit and
429 screenings;
430 3.02.11 Hazardous Waste and designated waste regardless of its source; and
431 3.02.12 Residential Waste, Commercial Waste, City Waste or Recyclable
432 Materials that are removed from a premises by a company through the performance of a
433 service that the CONTRACTOR has elected not to provide.
434 3.03 CONTRACTOR acknowledges and agrees that the CITY may permit
435 other persons besides the CONTRACTOR to Collect any and all types of materials
436 excluded from the scope of this Agreement, as set forth above, without seeking or
437 obtaining approyal of CONTRACTOR. If CONTRACTOR can produce evidence that
438 other persons are servicing Collection containers or are Collecting Solid Waste.
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439 Recyclable Materials, Large Items and/or Organic Waste in a manner that is not
440 consistent with the CITY'S Municipal Code or this Agreement, it shall report the location,
441 the name and phone number of the person or company to the CITY along with
442 CONTRACTOR'S evidence of the violation of the exclusiveness of this Agreement and
443 CITY shall take appropriate action to enforce the Code and this Agreement.
444 3.03.1 The scope of this Agreement shall be interpreted to be
445 consistent with applicable law, now and during the term of the Agreement. If future
446 judicial interpretations of current law or new laws, regulations, or judicial interpretations
447 limit the ability of the CITY to lawfully provide for the scope of services as specifically set
448 forth herein, CONTRACTOR agrees that the scope of the Agreement will be limited to
449 those services and materials which may be lawfully proYided and that the CITY shall not
450 be responsible for any lost profits or losses claimed by CONTRACTOR to arise out of
451 limitations of the scope of the Agreement set forth herein. In such an event, it shall be
452 the responsibility of CONTRACTOR to minimize the financial impact of such future
453 judicial interpretations or new laws.
454 3.04 Service Standards. CONTRACTOR shall perform all Collection Services
455 under this Agreement in a thorough and professional manner. Collection Services
456 described in this Agreement shall be performed regardless of weather conditions or
457 difficulty of Collection.
458 3.05 Hours and Davs of Collection.
459 3.05.1 SFD and MFD Collection Services shall be provided,
460 commencing no earlier than 6:00 a.m. and terminating no later than 6:00 p.m., Monday
461 through Friday with no service on Saturday (except for holiday service as set forth in
462 Section 3.09 of this Agreement) or Sunday. The hours, days, or both of Collection may
463 be extended due to extraordinary circumstances or conditions with the prior written
464 consent of the City Representative.
465 3.05.2 Commercial and City Collection Service shall be provided,
466 commencing no earlier than 4:00 a.m., provided the property is a minimum of two
467 hundred (200) feet from residential property, and terminating no later than 9:00 p.m.,
468 Monday through Friday with service on Saturday starting no earlier than 7:30 8.m.. The
469 hours, days, or both of Collection may be extended due to extraordinary circumstances
470 or conditions with the prior written consent of the City Representatiye.
471 3.06 Manner of Collection. The CONTRACTOR shall provide Collection
472 Service with as little disturbance as possible and shall leave any cart or bin in an upright
473 position at the same point jt was Collected without obstructing alleys, roadways,
474 driveways, sidewalks or mail boxes.
475 3.07 Containers.
476 3.07.1 Purchase and Distribution of Carts and Bins. The CONTRACTOR shall
477 be responsible for the purchase and distribution of fully assembled and functional carts
478 and bins to Service Units in the SelVice Area. CONTRACTOR Shall also distribute carts
479 and bins to new Service Units that are added to CONTRACTOR'S Service Area during
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480 the term of this Agreement. The distribution shall be completed within three (3) Work
481 Days of receipt of notification from the CITY or the Service Unit.
482 3.07.2 Replacement of Carts and Bins. CONTRACTOR'S employees shall take
483 care to prevent damage to carts or bins by unnecessary rough treatment. However, any
484 cart or bin damaged by the CONTRACTOR shall be replaced by the CONTRACTOR, at
485 the CONTRACTOR'S expense, within three (3) Work Days at no cost or inconyenience
486 to the Service Recipient.
487 3.07.2.1 Upon notification to the CONTRACTOR by the CITY or a
488 Service Recipient that the Service Recipient's cart(s) or bin(s) have been stolen or
489 damaged beyond repair through no fault of the CONTRACTOR, the CONTRACTOR
490 shall deliver a replacement cart(s) or bin{s) to such Service Recipient within three (3)
491 Work Days. The CONTRACTOR shall maintain records documenting all cart and bin
492 replacements occurring on a monthly basis.
493 3.07.2.2 Where such cart is lost, stolen or damaged beyond
494 repair through no fault of the CONTRACTOR, each SFD Service Unit shall be entitled to
495 the replacement of one (1) lost, destroyed, or stolen Garbage Cart, one (1) lost,
496 destroyed, or stolen Recycling Cart, and one (1) lost, destroyed, or stolen Organic Waste
497 Cart during the life of this Agreement at no cost to the Service Recipient.
498 3.07.2.3 Where such cart or bin is lost, stolen or damaged
499 beyond repair through no fault of the CONTRACTOR, each MFD, Commercial and City
500 Service Unit shall be entitled to the replacement of one (1) lost, destroyed, or stolen
501 Garbage Bin and one (1) lost, destroyed, or stolen Recycling Cart or Bin during the life of
502 this Agreement at no cost to the Service Unit.
503 3.07.2.4 Where such bin or cart replacement occurs through no
504 fault of the CONTRACTOR, CONTRACTOR shall be compensated for the cost of those
505 replacements in excess of the requirements set forth above in accordance with the "Cart
506 or Bin Exchange" Service Rate, as appropriate, as initially set by the CITY or as may be
507 adjusted by the CITY as provided under the terms of this Agreement
508 3.07.3 Reoair of Carts and Bins. CONTRACTOR shall be responsible for repair
509 of carts in the areas to include but not be limited to, hinged lids, wheels and axles.
510 Within three (3) Work Days of notifjcation by the CITY or a Service Recipient of the need
511 for such repairs, the CONTRACTOR shall repair the cart or bin or if necessary, remove
512 the cart or bin for repairs and deliver a replacement cart or bin to the Service Recipient.
513 3.07.4 Cart or Bin Exchanoe. Upon notificatjon to the CONTRACTOR by the
514 CITY or a Service Recipient that a change in the size or number of carts or bins is
515 required, the CONTRACTOR shall deliver such carts or bins to such Service Recipient
516 within three (3) Work Days. Each Service Recipient shall be eligible to receive one (1)
517 free cart or bin exchange per Agreement Year during the term of this Agreement.
518 Accordingly CONTRACTOR shall be compensated for the cost of those exchanges in
519 excess of one (1) per Agreement Year, in accordance with the "Cart or Sin Exchange"
520 service rate as initially set by the CITY or as may be adjusted under the terms of this
521 Agreement
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522 3.07.5 Ownership of Carts. Ownership of carts shall rest with the
523 CONTRACTOR, except that ownership of carts in the possession of a Service Recipient
524 at the end of this Agreement shall rest with the CITY. At its sole discretion, CITY may
525 elect not to exercise its rights with regards to this Section and in such case the carts
526 shall remain the property of the CONTRACTOR upon termination of this Agreement. In
527 this event, CONTRACTOR shall be responsible for removing all carts in service from the
528 Service Area and reusing or Recycling such carts.
529 3.07.6 Ownership of Bins. Ownership of bins distributed by the CONTRACTOR
530 shall rest with the CONTRACTOR except in the case of the termination of the
531 Agreement prior to the expiration of the initial term or optional extension term due to the
532 default of the CONTRACTOR as set forth in Article 25 of this Agreement. Under such
533 circumstances, the CITY shall have the right to take possession of the bins and shall
534 retain such possession until satisfactory arrangements can be made to provide
535 Collection Services using other equipment. Such time of possession shall not be limited
536 and regardless of the time of possession there shall be no monies owing to the
537 CONTRACTOR from the CITY for the use of the equipment. Upon the receipt of written
538 notice from the CITY, CONTRACTOR shall submit to the City Representative an
539 inventory of bins, including their locations.
540 3.07.7 Ownership of Roll-Off Containers. Ownership of Roll-Off Containers
541 distributed by the CONTRACTOR shall rest with the CONTRACTOR except in the case
542 of the termination of the Agreement prior to the expiration of the jnitial term or optional
543 extension term due to the default of the CONTRACTOR. Under such circumstances, the
544 CITY shall have the right to take possession of the containers and shall retain such
545 possession until satisfactory arrangements can be made to provide Collection Services
546 using other equipment. Such time of possession shall not be limited and regardless of
547 the time of possession there shall be no monies owing to the CONTRACTOR from the
548 CITY for the use of the equipment. Upon the receipt of written notice from the CITY,
549 CONTRACTOR shall submit to the City Representatiye an inventory of containers,
550 including their locations.
551 3.07.8 Annual Inspection and Cleanin9.:. Once each Agreement Year, at no
552 charge to the CITY or the MFD or Commercial Service Unit, CONTRACTOR shall
553 inspect all Garbage, Recycling, and Organic Waste Sins at the Service Unit's premises
554 and Shall replace those bins needing cleaning with clean bins and remove the dirty bins
555 for cleaning.
556 3.07.9 Oraanic Waste Pails. As requested by the Service Recipient,
557 CONTRACTOR shall provide each SFD Service Unit with a pail for use in the kitchen
558 that is suitable for the collection and storage of food scraps and that is consistent in
559 function to meet the Alameda County Waste Management Authority's Residential Food
560 Scrap Subsidy Program guideline requirements. The kitchen pail shall haye a capacity
561 of 1.5 to 2.5 gallons, a wire or plastic handle, and a lid and must be approved by the
562 CITY
563 3.07.10 Organic Waste Containers. If requested by the customer,
564 CONTRACTOR shall provide Commercial Service Units receiving Commercial Organic
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565 Collection Service with a watertight container for indoor storage of Commercial Organic
566 Waste prior to placing the waste in the Organic Waste Cart or Bin. The size of the
567 container shall be determined by the Service Recipient and the CONTRACTOR
568 CONTRACTOR shall be responsible for the repair .and maintenance of the containers. At
569 the request of the Service Recipient, CONTRACTOR shall allow the use of plastic bags
570 by the Service Recipient for the containment of the Organic Waste and shall Collect both
571 the Organic Waste and the plastic bags as part of the Commercial Organic Collection
572 Service provided under the terms of this Agreement.
573 3.08 Labor and Eauipment. CONTRACTOR shall provide and maintain all
574 labor, equipment, tools, facilities, and personnel supervision required for the
575 performance of CONTRACTOR'S obligations under this Agreement. CONTRACTOR
576 shall at all times have sufficient backup equipment and labor to fulfill CONTRACTOR'S
577 obligations under this Agreement. No compensation for CONTRACTOR'S services or
578 for CONTRACTOR'S supply of labor, equipment, tools, facilities or supervision shall be
579 proYided or paid to CONTRACTOR by CITY or by any Service Recipient except as
580 expressly provided by this Agreement.
581 3.09 Holiday Service. The CITY observes Labor Day, Thanksgiving Day,
582 December 25th, and January 1 sl as legal holidays. CONTRACTOR shall not be required
583 to provide Collection Services or maintain office hours on the designated holidays. In
584 any week in which one of these holidays falls on a Work Day, SFD Collection Services
585 for the holiday and each Work Day thereafter will be delayed one Work Day for the
586 remainder of the week with normally scheduled Friday Collection Servjces being
587 performed on Saturday. MFD, Commercial and City Collection Services shall be
588 adjusted as agreed between the CONTRACTOR and the Service Recipient but must
589 meet the minimum frequency requirement of one (1) time per week.
590 3.10 Disposal and Processing.
591 3.10.1 DisDOsal Facilitv. Except as set forth below, all Solid Waste Collected as
592 a result of performing Collection Services shall be transported to, and disposed of, at the
593 Disposal Facility. In the event the Disposal Facility is closed on a Work Day, the
594 CONTRACTOR shall transport and dispose of the Solid Waste at such other legally
595 permitted disposal facility as is approved by CITY. Failure to comply with this provision
596 shall result in the levy of liquidated damages as specified in Article 22 of this Agreement
597 and may result in the CONTRACTOR being in default under this Agreement.
598 3.10.2 Material Recovery Facility. All Recyclable Materials Collected as a result
599 of performing Recycling Services shall be delivered to the Material Recovery Facility
600 (MRF). In the event the MRF is closed on a Work Day, the CONTRACTOR shall
601 transport and deliyer the Recyclable Material to such other legally permitted MRF as is
602 approyed by CITY. Failure to comply with this provision shall result in the levy of
603 liquidated damages as specified in Article 22 of this Agreement and may result in the
604 CONTRACTOR being in default under this Agreement.
605 3.10.3 Oraanic Waste Processing Facilitv. CONTRACTOR shall deliver all
606 Collected Organic Waste to a fully pennitted Organic Waste Processing Facility. In the
607 event the facility is closed on a Work Day, the CONTRACTOR shall transport and deliver
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608 the Organic Material to such other legally permitted facility as is approved by CITY.
609 CONTRACTOR shall ensure that all Organic Waste Collected pursuant to this
610 Agreement, except residue resulting from processing, is diverted from the Disposal
611 Facility in accordance with AS 939 and subsequent legislation and regulations. In no
612 instance. except for residue resulting from processing, shall Organic Waste be used for
613 AOC.
614 3.10.4 Laroe Item Processino and Disoosal. CONTRACTOR shall process and
615 Dispose of Large Items Collected from Service Units pursuant to this Agreement in
616 accordance with the following hierarchy:
617 3.10.4.1 Reuse as is (where energy efficiency is not
618 compromised)
619 3.10.4.2 Disassemble for reuse or Recycling
620 3.10.4.3 Recycle
621 3.10.4.4 Disposal
622 3.10.5 CONTRACTOR shall not landfill such Large Items unless the Large Items
623 cannot be reused or recycled.
624 3.10.6 CITY Direction of Laroe Items. CITY reselVes the right to direct
625 CONTRACTOR to take Large Items Collected pursuant to this Agreement to a
626 designated site or sites for the purpose of permitting persons who will reuse or recycle
627 such Large Items to obtain the Large Items at no cost. CONTRACTOR shall have no
628 obligation to dispose of the Large Items or Large Item residue remaining at the directed
629 site or sites after reusers and recyclers have removed reusable or recyclable Large
630 Items.
631 3.10.7 Large Items Containino Freon. In the event CONTRACTOR Collects
632 Large Items that contain Freon, CONTRACTOR shall handle such Large Items in a
633 manner such that the Large Items are not subject to regulation as Hazardous Waste
634 under applicable state and federal laws or regulations.
635 3_10_8 Used Oil Processing. CONTRACTOR shall recycle all Used Oil Collected
636 pursuant to this Agreement to the extent feasible and shall properly dispose of all Used
637 Oil and Used Oil Filters that are contaminated or otherwise cannot be recycled.
638 3.10.8.1 CONTRACTOR shall recycle the Used Oil only with
639 persons who are authorized by the State of California to recycle oil. In the event the
640 Used Oil or Used Oil Filters Collected pursuant to this Agreement is contaminated to the
641 extent that the Used Oil or Used Oil Filters require disposal as a Hazardous Waste,
642 CONTRACTOR shall dispose of such Used Oil or Used Oil Filters, at CONTRACTOR'S
643 own cost and expense in accordance with applicable state and federal law.
644 3.10.8.2 CONTRACTOR shall notify the City Representative,
645 either by Fax or e-mail, of any contamination which renders the Used Oil unacceptable
646 for recycling or which requires disposal of the Used Oil or Used Oil Filters as a
647 Hazardous Waste.
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648 3.10.8.3 Segreqation of Used OiL CONTRACTOR shall keep all
649 Used Oil and Used Oil Filters Collected pursuant to this Agreement segregated from
650 other materials.
651 3.11 RecyclinQ - Imorooer Procedure. Except as set forth below. the
652 CONTRACTOR shall not be required to Collect Recyclable Materials if the Service
653 Recipient does not segregate the Recyclable Materials from Solid Waste. If Recyclable
654 Materials are contaminated through commingling with Solid Waste, the CONTRACTOR
655 shall, if practical, separate the Solid Waste from the Recyclable Materials. The
656 Recyclable Materials shall then be Collected and the Solid Waste shall be left in the
657 Recycling Cart or Bin along with a Non-Collection Notice explaining why the Solid Waste
658 is not considered a Recyclable Material. However, in the event the Recyclable Materials
659 and Solid Waste are commingled to the extent that they cannot easily be separated by
660 the CONTRACTOR or the nature of the Solid Waste renders the entire Recycling Cart or
661 Bin contaminated, the CONTRACTOR willleaye the Recycling Cart or Bin un-emptied
662 along with a Non-Collection Notice that contains instructions on the proper procedures
663 for setting out Recyclable Materials.
664 3.12 Recvclinq - Chanoes to Work. Should changes in law arise that necessitate
665 any additions or deletions to the work described herein including the type of items
666 included as Recyclable Materials, the parties shall negotiate any necessary cost
667 changes and shall enter into an Agreement amendment covering such modifications to
668 the work to be performed and the compensation to be paid before undertaking any
669 changes or revisions to such work.
670 3.13 Handv Hauler and Roll-Off Container Service. CONTRACTOR shall
671 provide "Handy Hauler" bin service and Roll-Off Container service for the Collection of
672 non-hazardous materials at the service rates set by the CITY under the terms of this
673 Agreement. CONTRACTOR shall deliver and pick~up the bins and containers at the
674 direction of the Service Recipient. The bins and containers shall be clean, free of graffiti
675 and in good repair. The bins and containers must be clearly marked and identifiable as
676 belonging to CONTRACTOR. Special consideration shall be given when determining
677 the delivery and pickup area for the bins and containers to ensure that the flow of traffic
678 is not impeded and that it does not result in aesthetic degradation of an area. If the
679 Service Recipient and the CONTRACTOR cannot agree on a delivery and pick up area,
680 the area shall be determined by the CITY In addition, if, in the opinion of the CITY the
681 delivery and pick up area is inappropriate, CITY may require the CONTRACTOR to
682 relocate the bin or container.
683 3.14 Insoections. The CITY shall have the right to inspect the
684 CONTRACTOR'S facilities or collection vehicles and their contents at any time while
685 operating inside or outside the CITY.
686 3.15 Comminalina of Materials.
687 3.15.1 Residential Waste and Recyclable Material. CONTRACTOR shall not at
688 any time commingle Residential Waste, Collected pursuant to this Agreement, with any
689 Recyclable Material separated for Collection pursuant to this Agreement without the
690 express prior written authorization of the City Representative.
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3_15.2 Residential Waste Collected in Dublin. CONTRACTOR shall not at any
time commingle any Residential, Commercial or City Waste, Collected pursuant to this
Agreement, with any other material Collected by CONTRACTOR inside or outside the
City of Dublin without the express prior written authorization of the City Representative.
3.15.3 Recvclable Materials. CONTRACTOR shall not at any time commingle
Recyclable Materials Collected pursuant to this Agreement, wjth any other material
Collected by CONTRACTOR inside or outside the City of Dublin without the express
prior written authorization of the City Representative.
3.16 Soillaae and Litter. The CONTRACTOR shall not litter premises in the
process of providing Collection Services or while its vehicles are on the road. The
CONTRACTOR shall transport all materials Collected under the terms of this Agreement
in such a manner as to prevent the spilling or blowing of such materials from the
CONTRACTOR'S vehicle. The CONTRACTOR shall exercise all reasonable care and
diligence in providing Collection Services so as to preyent spilling or dropping of
Residential Waste, Commercial Waste, City Waste or Recyclable Materials and shall
immediately, at the time of occurrence, clean up such spilled or dropped materials.
3.16.1 The CONTRACTOR shall not be responsible for cleaning up sanitary
conditions caused by the carelessness of the Service Recipient; however, the
CONTRACTOR shall clean up any material or residue that are spilled or scattered by the
CONTRACTOR or its employees.
3.16.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris
resulting from the CONTRACTOR'S operations or equipment repair shall be covered
immediately with an absorptive material and removed from the street surface. When
necessary, CONTRACTOR shall apply a suitable cleaning agent to the street surface to
provide adequate cleaning.
3.16.3 The above paragraphs not withstanding, CONTRACTOR shall clean up
any spillage or litter caused by CONTRACTOR within two (2) hours upon notice from the
CITY.
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3.16.4 To facilitate such cleanup, CONTRACTOR'S yehicles Shall at all times
carry sufficient quantities of petroleum absorbent materials along with a broom and
shovel.
3.17 Ownershio of Materials.
3.17.1 Title to Residential Waste, Commercial Waste, City Waste and Recyclable
Materials shall pass to CONTRACTOR at such time as said materials are placed in the
CONTRACTOR'S Collection vehicle.
3.17.2 Title to material Collected as part of the Neighborhood Clean-up Service
or Special Collection Service shall pass to CONTRACTOR at the time the material is
placed in the Roll-Off Container or other Collection vehicle or container approved for use
at the event.
3.18 Hazardous Waste Insoection and Handlina Prooram.
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731 3.18.1 CONTRACTOR shall develop a Hazardous Waste inspection and
732 handling program that includes the following components: (i) personnel training; (ii) load
733 checking procedures; (iii) proper management of Hazardous Waste (iv) record keeping
734 and emergency procedures; and (v) public education program designed to educate
735 generators regarding proper methods for handling and disposing of Hazardous Waste.
736 3.18.2 CONTRACTOR'S load checking personnel, including its Collection
737 vehicle drivers, shall be trained in (i) the effects of Hazardous Waste on human health
738 and the environment; (ii) identification of Hazardous Waste; and (iii) emergency
739 notification and response procedures. When practical, CONTRACTOR shall inspect
740 Collection containers prior to Collection in order to identify Hazardous Waste.
741 3.18.3 Resoonse to Hazardous Waste Identified durina Collection. Under no
742 circumstances shall CONTRACTOR'S employees knowingly Collect Hazardous Waste,
743 or remove unsafe or poorly containerized Hazardous Waste, from a Collection container.
744 If CONTRACTOR determines that material placed in any container for Collection is
745 Hazardous Waste, or other material that may not legally be accepted at the Disposal
746 Facility, or one of the processing facilities, or presents a hazard to CONTRACTOR'S
747 employees, the CONTRACTOR shall have the right to refuse to accept such material.
748 The generator shall be contacted by the CONTRACTOR and requested to arrange for
749 proper Disposal Service. If the generator cannot be reached immediately. the
750 CONTRACTOR shall, before leaving the premises, leave a Non-Collection Notice, which
751 indicates the reason for refusing to Collect the material and lists the phone number for
752 the Alameda County Household Hazardous Waste Facility. CONTRACTOR'S
753 environmental technician (identified below) shall be notified to resolve the issue with the
754 generator.
755 The contact information for the CONTRACTOR'S enyironmental technician is as follows:
756 Name: Eric Lauritsen
757 Address: 3110 Busch Road
758 City, State, Zip Code: Pleasanton, CA 94566
759 Phone Number: 925-846-2042
760 Email Address:Eric@pleasantongarbageservice.com
761 3.18.4 If Hazardous Waste is found in a Collection container that poses an
762 imminent danger to people or property, the CONTRACTOR shall immediately notify the
763 CITY Fire Department using the 911 emergency telephone number. The
764 CONTRACTOR shall notify the CITY of any Hazardous Waste identified within twenty
765 four (24) hours of identification of such material.
766 3.18.5 If Hazardous Waste is identified at the time of delivery to the Disposal
767 Facility, or one of the processing facilities and the generator cannot be identified,
768 CONTRACTOR shall be solely responsible for handling and arranging transport and
769 disposition of the Hazardous Waste.
770 3.19 Requlations and Record KeepinQ. CONTRACTOR shall comply with
771 emergency notification procedures required by applicable laws and regulatory
772 requirements. All records required by regulations shall be maintained at the
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773 CONTRACTOR'S facility. These records shall include waste manifests, waste
774 inventories, waste characterization records, inspection records, incident reports, and
775 training records.
776 3.20 Transition. CONTRACTOR understands and agrees that the time
777 between the formal Agreement signing and July 1, 2005 is intended to provide the
778 CONTRACTOR with ample and sufficient time to, among other things, order equipment,
779 prepare necessary routing schedules and route maps, obtain any permits and licenses,
780 establish/build facilities, and begin the public awareness campaign as part of the
781 CONTRACTOR'S transition program as specified in Exhibit 7 which is attached to and
782 included in this Agreement. CONTRACTOR shall be responsible for the provision of all
783 Collection Services beginning July 1, 2005. CITY agrees that during the first three (3)
784 months of the initjal Agreement Year, provision of SFD Organic Collection Service may
785 consist of public awareness and education activities, service solicitation actiyities and
786 the ordering and delivery of the "kitchen pails".
787
ARTICLE 4. Service Billing and Collection
788 4.01 CITY'S Responsibility for Sillino and Collection.
789 4.01.1 Minimum SFD Collection Service. The CITY has a mandatory
790 system for SFD Service Units whereby the CITY collects the annual cost of the service
791 on the annual property tax bill. Minimum SFD Collection Service includes:
792 · SFD Solid Waste Collection Service (32 gallon Cart);
793 · SFD Recycling Service (64 gallon Cart with option to change to 96
794 or 32 gallon cart or add one additional 32. 64 or 96 gallon cart);
795 " SFD Organic Waste Collection Service (64 gallon Cart with option
796 to change to 96 or 32 gallon cart or add one additional 32, 64 or
797 96 gallon cart);
798 II Large Item Collection Service;
799 II Used Oil Collection Service; and
800 II Annual HHW drop-off event.
801 4.01.2 CITY Payments to CONTRACTOR. CITY will provide two (2)
802 payments to CONTRACTOR for the proYision of Minimum SFD Collection Service. The
803 first payment will include services for the period from July 1st through December 31st of
804 each year and will be made ..~ :...~..... ,; ....11 ~II,", ;VIl"'YVII1~ ~~""'LA..1 ~ :111. The second
805 payment will include services for the period from January 1st through June 30th of each
806 year and will be made r.~ :~~~. :: ...... :.:...) ;,:;'" of that year. The payment shall be the
807 minimum service rate multiplied by the number of customers assessed on the current tax
808 roll multiplied by 6 (months).
809 4.01.3 CONTRACTOR'S Responsibility for Billing and Collection.
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810 4.01.3.1 SFD Service Units. Costs of larger Garbage Carts above
811 the Minimum SFD Collection Service level shall be billed and collected by. the
812 CONTRACTOR. In addition, CONTRACTOR shall be responsible for the billing and
813 collection of payments for all SFD Collection Services for those SFD Service Units
814 added through annexation or new construction after the minimum service property tax
815 assessment has been finalized. Such billing shall be provided to customers quarterly in
816 advance but no earlier than twentieth (20th) day of the month preceding the period for
817 which the service is being billed. CONTRACTOR shall provjde CITY with a list in
818 electronic format of those SFD Service Units that have been added to CONTRACTORS
819 customer base since the previous tax assessment by March 31st and again by June 30th
820 of each Agreement Year.
821 4.01.3.2 MFD and Commercial Service Units. The
822 CONTRACTOR shall be responsjble for the billing and collection of payments for MFD
823 and Commercjal Collection Services within the Service Area. Such billing shall be
824 provided to the customers monthly in advance. Not withstanding the preceding
825 provision, the CONTRACTOR shall not bill for City Collection Services.
826 4.02 Delinauent Service Accounts. The CONTRACTOR may report to the City
827 Representative, on a regular basis, all Service Recipients who haye received Collection
828 Service and whose accounts are over one-hundred twenty (120) days past due. The
829 CONTRACTOR may take such action as is legally available to collect or cause collection
830 of such past due amounts. However, in no event, except upon notice in writing by the
831 City Representative, shall the CONTRACTOR cease provision of Collection Services to
832 any Seryice Unit due to non-payment.
833 4.03 Methods of Payment. CONTRACTOR shall provide the means for
834 customers to pay bills through the following methods: cash, checks, credit cards, internet
835 payment service or automatic withdrawal from bank account.
836 4.04 CONTRACTOR'S Payments to CITY. CONTRACTOR shall make
837 payment to the CITY of a franchise feB, administrative fee and such other fees as may
838 be specifjed in this Section 4.04. Payment to the CITY shall be due, on the fifteenth
839 (15th) day of the month following the month the reyenues are collected. Each such
840 payment shall be accompanied by an accounting, which sets forth CONTRACTOR'S
841 gross reyenues collected during the preceding month.
842 4.04.1 Franchise Fee. The franchise fee shall be a percentage of
843 CONTRACTOR'S gross revenue collected each month under the terms of this
844 Agreement. Gross revenue shall specifically include revenue received by the
845 CONTRACTOR from any entity, including Federal, State, County or other local facilities
846 within the Service Area for the proviSion of Collection Services by the CONTRACTOR.
847 However, revenue receiyed by the CONTRACTOR from the sale of recyclable materials
848 and from related Califomia Redemption Value (CRV) payments shall not be considered
849 as gross revenues for purpose of the calculation of franchise fees. The franchise fee
850 percentage shall be thirteen and sixth-tenths percent (13.6%) during the term of this
851 Agreement unless adjusted by the CITY:
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852 4.04.2 Administrative Fee. The administrative fee shall be a percentage
853 of CONTRACTOR.S gross revenue collected each month under the terms of this
854 Agreement. Gross revenue shaH specifically include revenue receiyed by the
855 CONTRACTOR from any entity, including Federal, State. County or other local facilities
856 within the Service Area for the proYision of Collection Services by the CONTRACTOR.
857 However, revenue received by the CONTRACTOR from the sale of recyclable materials
858 and from related CRY payments shall not be considered as gross revenues for purpose
859 of the calculation of administrative fees. The administrative fee percentage Shall be two
860 percent (2%) during the term of this Agreement unless adjusted by the CITY.
861 4_04_3 Other Fees. CITY may set such other fees as it deems necessary.
862 4.04.4 No acceptance by CITY of any payment shall be construed as an
863 accord that the amount is in-fact the correct amount, nor shall such acceptance of
864 payment be construed as a release of any claim CITY may have against CONTRACTOR
865 for any additional sums payable under the provisions of this Agreement. All amounts
866 paid shall be subject to independent audit and recompilation by CITY. If, after the audit,
867 such recompilation indicates an underpayment CONTRACTOR shall pay to CITY the
868 amount of the underpayment and shan reimburse CITY for all reasonable costs and
869 expenses incurred in connection with the audit and recompilation within ten (10) Work
870 Days of receipt of written notice from CITY that such is the case. If, after audit, such
871 recompilation indicates an overpayment, CITY shall notify the CONTRACTOR in writing
872 of the amount of the overpayment, less costs and expenses incurred in connection with
873 the audit and recompilation_ CONTRACTOR may offset the amounts next due following
874 receipt of such notice by the amount specified therein.
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875
ARTICLE 5. Compensation and Rates
876 5.01 Collection Service Rates. The CONTRACTOR shall charge Service
877 Recipients the service rates established by CITY under the terms of this Agreement.
878 5.02 Collection Service Com...P8nsation to CONTRACTOR. Collection Service
879 compensation provided for in this Article shall be the full, entire and complete
880 compensation due to CONTRACTOR pursuant to this Agreement for the provision of
881 Collection Services as set forth herein.
882 5.03 Collection Service Compensation Elements. Collection Service
883 compensation to the CONTRACTOR shall consist of the following elements; a Collection
884 CompensaUon Element, a Disposal Compensation fE/ement, a Container Compensation
885 Element and a Fee Compensation Element.
886 5.04 Initial ComDsnsation to CONTRACTOR. Except as set forth in Section
887 5.04.1 below, CONTRACTOR'S compensation for the first (1st) Agreement Year shall not
888 be less than $6,039,660 as set forth in Exhibit 1 to this Agreement.
889 5.04.1 CONTRACTOR acknowledges that CITY has applied for grant
890 funds on behalf of CONTRACTOR to offset the cost of the alternate fuel yehicles to be
891 utilized by CONTRACTOR to perform Collection Services. To the extent such grant
892 funds are received by CONTRACTOR, the initial compensation as set forth in Section
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893 5.04 above shall be reduced by an amount equal to 14.28% of the amount of grant funds
894 received.
895 5.05 Annual Comoensation Adjustments. Beginning on July 1, 2006, and
896 annually thereafter, CONTRACTOR shall, subject to compliance with all provisions of
897 this Article, be eligible to receive an adjustment, in the Compensation Elements as set
a98 forth in Exhibit 1 to this Agreement.
899 5,05,1 Adiustments to Collection Compensation Element. The Collection
900 Compensation Element adjustment consists of two (2) factors, the Refuse Rate
901 Adjustment (RRI) factor and the annual growth (AG) factor.
902 5.05.1.1 RRI Factor. The RRI factor shall be the lesser of five
903 percent (5%) or the sum of the weighted percentage change in the Annual Average of
904 each RRI index number between the second (2nd) preceding calendar year and the
905 preceding calendar year, as contained in the most recent release of the source
906 documents listed in Exhibit 2, ("Compensation Model") which is attached to and included
907 in this Agreement. Therefore, the first RRI factor will be based on the percentage
908 change between the Annual Average of the RRI indices for the year ended December
909 31, 2004 (the second (2nd) preceding calendar year) and the Annual Average of the RRl
910 indices for the year ended December 31, 2005, (the preceding calendar year), The RRI
911 factor shall be calculated using the Compensation Model included in Exhibit 2.
912 5.05.1.2 Annual Growth Factor. The AG factor for each
913 compensation adjustment shall be the percentage change in the beginning Calculated
914 Revenue and the ending Calculated Revenue.
915 5.05.1-3 Initial Calculation. Calculated Revenue shall be the sum
916 of the product of the Collection Service event census data multiplied by the approprjate
917 Service rate. For purposes of determining the AG factor for the initial compensation
918 adjustment of July 1, 2006, beginning Calculated Revenue shall be calculated using the
919 Collection Service census data as shown on Exhibit 2 and rates as of July 1, 2005 and
920 ending Calculated Revenue shall be calculated using the Collection Service census data
921 as of December 31, 2005 and the rates as of July 1, 2005.
922 5.05.1.4 Subseauent Calculations. Calculated Revenue shall be
923 the sum of the product of the Collection Service census data multiplied by the
924 appropriate Service rate. For purpose of determining the AG factor for all subsequent
925 compensation adjustment, beginning Calculated Revenue shall be calculated using the
926 Collection Service census data as of the preceding January 1 &1 and rates as of the
927 preceding July 1st and ending Calculated Revenue shall be calculated using the
928 Collection Service census data as of the preceding December 3151 and the rates as of
929 the preceding July 1!lt. Therefore to determine the AG factor for the July 1, 2007
930 compensation adjustment, beginning Calculated Revenue shall be calculated using the
931 Collection Service census data as of January 1, 2006 and rates as of July 1,2006 and
932 ending Calculated Revenue shall be calculated using the Collection Service census data
933 as of December 31, 2006 and the rates as of July 1, 2006.
934 5.05.1.5 Collection Compensation Element Adjustment. The
935 annual Collection Compensation Element adjustment shall be calculated by multiplying
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936 the Collection Compensation Element times {one (1) plus the AG Factor} and multiplying
937 the result, (the Collection Compensation Element adjusted for growth) times {one (1)
938 plus the RRI factor}, as shown in Exhibit 2.
939 5.05.2 Adjustments to Disposal Compensation Element. The Disposal
940 Compensation Element adjustment consists of two (2) factors; the approved tip fee,
941 (ATF), factor and annual tonnage, (AT), factor.
942 5.05.2.1 Approved Tip Fee Factor. The ATF factor shall be the
943 percentage change in the approved tip fee of the Disposal Contractor in effect during the
944 first (1 st) month of the then current Agreement Year and the approved tip fee to be
945 effective on the first (1st) day of the subsequent Agreement Year. Therefore the first (1S1)
946 ATF factor will be the percentage change in the approved tip fee as of July 1, 2005 and
947 the approved tip fee as of July 1 2006.
948 5.05.2.2 Annual Tonnaoe Factor. The AT factor shall be the
949 percentage change in the Prior Calculated Tonnage and the Current Calculated
950 Tonnage. For purposes of the initial compensation adjustment of July 1, 2006, the Prior
951 Calculated Tonnage shall be the tonnage figure submitted by the CONTRACTOR as set
952 forth jn Exhibit 1 to this Agreement. The Current Calculated Tonnage shall be the actual
953 tonnage disposed by the CONTRACTOR at the Disposal Facility for the first six (6)
954 months of the Agreement Year divided by six (6) and multiplied by twelve (12).
955 5.05.2.3 For all subsequent compensation adjustments, the Prior
956 Calculated Tonnage Shall be the prior Current Calculated Tonnage. The Current
957 Calculated Tonnage shall be the actual tonnage disposed by the CONTRACTOR at the
958 Disposal Facility for the preceding twelve months ended December 31st. Therefore the
959 AG factor for the July 1, 2007 compensation adjustment will be the percentage change
960 between the prior Current Calculated Tonnage and the actual tonnage disposed by the
961 CONTRACTOR at the Disposal Facility far the preceding twelve months ended
962 December 31,2006 (the Current Calculated Tonnage).
963 5.05.3 Disposal Comoensatian Element Adiustment. The annual
964 Disposal Compensation Element adjustment shall be calculated by multiplying the
965 Disposal Compensation Element times {one (1) plus the AT factor} and multiplying the
966 result, (the Disposal Compensation Element adjusted for growth), times {one (1) plus the
967 ATF factor} as shown in Exhibit 2.
968 5.05.4 Adiustments to Container Comoensation Element. The Container
969 Compensation Element represents the amortized cost of carts and bins over the life of
970 the Collection Service Agreement and shall not be adjusted except to account for
971 customer growth through the use of the AG factor as set forth in Section 5.05.1.2 above.
972 5.05.5 Container Comoensation Element Adiustment. The annual
973 Container Compensation Element adjustment shall be calculated by multiplying the
974 Container Compensation Element times one (1) plus the AG factor as shown in Exhibit
975 2.
976 5.05.6 Fee Com3>6nsation Element Adiustment. The Fee Compensation
977 Element Shall always be equal to the sum of the Collection Compensation Element,
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Disposal Compensation Element, and Container Compensation Element (the "base
compensation') divided by [1 minus the sum of the then current fee percentages] minus
the base compensation. The Fee Compensation Element shall be adjusted annually at
such time as the Collection Compensation Element is adjusted or at such time as CITY
adjusts the franchise fee or administrative fee percentages or adds a new fee.
5.06 Financial Information. On or before March 1, 2006, CONTRACTOR shall
deliver to CITY financial infonnation for the specific services perfonned under this
Agreement for the preceding fiscal period ended December 31, 2005. On or before
March 1, 2007 and annually thereafter during the term of this Agreement,
CONTRACTOR shall deliver to CITY financial information for the specific services
performed under this Agreement for the preceding calendar year. Such financial
information shall be in the format as set forth in Exhibit 2, or as may be further revised by
CITY from time to time.
5.07 Collection SelVice Census Data. On or before August 20, 2005 and
monthly thereafter during the term of this Agreement, CONTRACTOR shall deliver to
CITY. Collection Service census data for all Service Units.
5.07.1 Census data for SFD Service Units shall consist of the number of
SFD Service Units receiving, SFD Collection Service above the minimum SFD Collection
Service billed by the City. The census data shall be segregated by type of service and as
appropriate, container size, number of containers and frequency of Collection.
5.07.2 Census data for MFO, Commercial and City Service Units shall
consist of the number of service units receiying MFD, Commercial or City Collection
Service during the preceding month. The census data shall be segregated by type of
service and as appropriate, container size, number of containers and frequency of
Collection.
5.08 Tonnaoe Data. On or before August 20, 2005 and monthly thereafter
during the term of this Agreement, CONTRACTOR shall deliver to CITY a listing of the
actual tonnage disposed by the CONTRACTOR at the Disposal Facility for the preceding
month sorted between SFD, MFD Commercial and CITY Service Units and between
Roll-Off Containers and all other containers to the extent practical.
5.09 Rounding... Annual adjustments shall be made only in units of one cent
($0,01). Fractions of less than one cent ($0.01) shall not be considered in making
adjustments. The indices shall be truncated at four (4) decimal places for the adjustment
calculations.
5.10 Extraordinary Circumstances. If CONTRACTOR fails to submit the
financial, customer base, or tonnage data in the required format and time due, it is
agreed that CONTRACTOR shall be deemed to have waived the next scheduled
Collection Compensation Element adjustment.
5.10.1 However, if CONTRACTOR'S failure to submit the data required
under this Article is the result of extraordinary or unusual circumstances as
demonstrated by CONTRACTOR to the satisfaction of the City Representative, CITY, at
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its sole discretion, may consider the request for the annual Collection Compensation
Element adjustment.
5.11 Extraordinary Adjustment.
5.11.1 CONTRACTOR may petition the CITY in writing at any time for an
additional compensation adjustment on the basis of extraordinary and unusual changes
in the costs of operations or programs that satisfy all of the foJlowjng conditions: (i)
materially alters CONTRACTOR'S operations or overall costs; (ii) could not reasonably
have been foreseen by a prudent operator; (iii) which, by all reasonable expectations will
continue for a period of at least six (6) months; and (iv) is not addressed pursuant to
Article 27. CONTRACTOR'S request shall contain substantial proof and justification to
support the need for the compensation adjustment. The CITY may request from the
CONTRACTOR such further information as it deems necessary to fully evaluate the
request and make its determination. The CITY shall in the exercise of its reasonable
discretion approve or deny the request, in whole or in part, within sixty (60) calendar
days of receipt of the written request and all other additional infonTlation requested by
the CITY.
5.11.2 No Extraordinary Adjustment shall occur or additional
compensation be provided due to the CONTRACTOR's use of any facility or service
provider other than as set forth in Article 1 of this Agreement. Nor shall a variation from
the CONTRACTOR's estimate for equipment and personnel required, or the tonnages of
Solid Waste, Recyclable Materials or Organic Wastes be collected, processed or
dispOSed provide a basis for an increase in compensation through an Extraordinary
Adjustment or otherwise, except as specifically proyided for by the Annual
Compensation Adjustment Process set forth in Section 5.05.
5.12 Calculation of Service Rates. CITY shall calculate, set and maintain
service rates at a leyel, based on the revenue forecasted to be received by
CONTRACTOR from charging such rates that can reasonably be expected to provide
compensation to the CONTRACTOR as calculated in Section 5.05 above.
5.13 Initial Calculation. In preparing the initial service rate calculations, CITY
shall use the event census data shown on Exhibit 2. As part of the rate calculation
process, CITY shall provide the rate calculations and assumptions to the
CONTRACTOR for their review. However, the final decision of the rate structure rests
solely with the CITY.
5.13.1 Subsequent Calculations. In preparing subsequent servjce rate
calculations, CITY may use the most current event census data available. As part of the
rate calculation process, CITY shall provide the rate calculatjons and assumptions to the
CONTRACTOR for their review. However, the final decision of the rate structure rests
solely with the CITY.
5.14 Compensation Variances. CONTRACTOR shall retain any_compensation
in excess of that calculated in Section 5.05 above and shall not be entitled to any
additional revenues if compensation is less than calculated in Section 5.05 above.
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ARTICLE 6. Diversion Requirements
6.01 Minimum Reouirements. The CITY requires the CONTRACTOR to use its
best efforts to achieve a minimum annual diversion rate of fifty percent (50%), or such
other amount as may be set in accordance with the provisions of Article 27 of this
Agreement, over each Calendar Year beginning January 1, 2006. The annual diversion
rate will be calculated as 'the tons of materials Collected by CONTRACTOR from the
provision of Collection Sel1lices that are sold or delivered to a recycler or reuse" as
required by this Agreement, divided by the total tons of materials Collected by
CONTRACTOR in each Calendar Year.
6.02 Failure To Meet Minimum Reauirements. CONTRACTOR'S failure to
meet the minimum diversion requirements set forth above in Section 6,01 may result in
the termination of this Agreement or the imposition of liquidated damages. In determining
whether or not to assess liquidated damages or termjnate the Agreement, the CITY will
consider the good faith efforts put forth by the CONTRACTOR to meet the minimum
diversion requirements. This consideration will include the methods and level of effort of
the CONTRACTOR to fully implement the public education and diversion plans attached
to and included in this Agreement as Exhibits 8 and 9 respectively. The CONTRACTOR
shall be held to the standards of an effective. professional, and prudently designed and
operated djversion and public educational program within a similar municipal jurisdiction.
ARTICLE 7. Service Units
7.01 Service Units. Service Units shall include all the following categories of
premises which are in the Service Area as of July 1, 2005, and all such premises which
may be added to the Service Area by means of annexation, new construction, or as
otherwise set forth in this Agreement during term of this Agreement:
7.01.1 SFD Service Units
7.01.2 MFD Service Units
7.01.3 Commercial Service Units
7.01.4 Commercial Organic Service Units
7.01.5 City Service Units
7.01.6 Any question as to whether a premises falls within one of these
categories shall be determined by the City Representative and the determination of the
City Representative shall be final.
7.02 Service Unit Chanoes. The CITY and CONTRACTOR acknowledge that
during the term of this Agreement it may be necessary or desirable to add or delete
Service Units for which CONTRACTOR will provide Collection Services.
7.02.1 Additions and Deletions. CONTRACTOR shall provide services
described in this Agreement to new Service Units within five (5) Work Days of receipt of
notlce from the CITY or new Service Unit to begin such service.
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7.03 Annexation. If during the life of the Agreement, additional territory is
acquired by the CITY through annexation, CONTRACTOR agrees to provide Collection
Services in such annexed area in accordance with the provisions and service rates set
forth in this Agreement. Such Collection Services shall begin within five (5) Work Days
of receipt of written notice from the CITY. CONTRACTOR shall not begin Collection
Service without written authorization from the CITY
7.04 Route MaD Update. CONTRACTOR shall revise the Service Unit route
maps to show the addition of Service Units added due to annexation and shall provide
such revised maps to the City Representative as requested.
ARTICLE 8. SFD Collection Services
8.01 SFD Collection Services. These services shall be governed by the
following terms and conditions:
8.01.1 Conditions of Service. The CONTRACTOR shall provide SFD
Collection Service to all SFD Service Units in the Service Area whose Solid Waste is
properly containerized in Garbage Carts, Recyclable Materials are properly
containerized in Recycling Carts, except as set forth in Section 8.05; and Organic Waste
is properly containerized in Organic Waste Carts except as set forth in Section 8.06;
where the Garbage, Recycling and Organic Waste Carts have been placed within three
(3) feet of the curb, swale, paved surface of the public roadway, closest accessible
roadway, or other such location agreed to by the CONTRACTOR and Service Recipient,
that wfll proYide safe and efficient accessibility to the CONTRACTOR'S Collection crew
and vehicle.
8.02 On-Premises Service. Notwithstanding any term or definition set forth in
this Agreement, CONTRACTOR shall provide on-premises Collection of Solid Waste,
Recyclable Materials. and Residential Organic Waste to a SFD Service Unit if all adult
Service ReCipients residing therein have disabiUties that prevent them from setting their
Garbage. Recycling or Organic Waste Cart at the curb for Collection and if a request for
on-premises service has been made to, and approved by, the City Representative in the
manner required by CITY. The City Representative shall notify the CONTRACTOR in
writing of any SFD Service Units requiring on-premises service, along with the date such
service is to begin. No additional monies shall be due to the CONTRACTOR for the
provision of on-premises service.
8.02.1 Collection Day. CONTRACTOR shall provide on-premises
Collection Service on the same Work Day that curbside Collection would otherwise be
provided to the SFD Service Unit.
8.03 Freauencv and Schedulina of Service. Except as set forth in Sections
8.06 and 8.07, SFD Collection Services shall be provided one (1) time per week on a
scheduled route basis. SFD Collection Services shall be scheduled so that a SFD
Service Unit receives SFD Solid Waste Collection Service, SFD Recycling Service. SFD
Organic Collection Service, and SFD Used Oil Collection Service on the same Work
Day.
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Collection Service Ag reement
8.04 Non-Collection. Except as set forth in Sections 8.05 and 8.06
CONTRACTOR shall not be required to Collect any Solid Waste, Recyclable Material, or
Organic Waste that is not placed in a cart. In the event of non-collection,
CONTRACTOR shall affix to the cart a Non-Collection Notice explaining why Collection
was not made. CONTRACTOR shall maintain a copy of such notices during the term of
this Agreement.
8.05 Overages. In the event the Recycling Cart is full, corrugated cardboard
that is of a size to fit in an empty Recycling Cart may be placed beside the Recycling
Cart for Collection.
8.06 Curbside Christmas Tree Collection. CONTRACTOR shall Collect
Christmas trees from all SFD Service Units to supplement, but not replace, the collection
program offered by the Boy Scouts in the CITY. CONTRACTOR shall offer SFD Service
Units Collection of Christmas trees on an annual basis during the period commencing
December 26th and ending on the last regularly scheduled Collection day of January for
each specific collection route. Christmas trees shall be Collected on the regular
Collection day for each SFD Service Unit.
8.06.1 Christmas Tree OroD-Off Sites. CONTRACTOR shall supply three
(3) Roll-Off Containers, to be placed at three (3) different locations determined by the
ell"'(, to provide a drop-off location for Christmas trees, The CONTRACTOR shall
service the Christmas tree Roll-Off Containers on a regular basis and keep the
surrounding area free of any debris. CONTRACTOR shall deliver the three (3) Roll-Off
Containers to sites specified by the CITY on the first (1st) business day after Christmas
day, and shall service the Roll-Off Containers until the third (3n:1) Monday of January.
8.06.2 Contaminated Christmas Trees: Christmas trees that are flocked,
contain tinsel or other decorations may be delivered to the Disposal Facility at the
discretion of the CONTRACTOR.
8.07 Laroe Item Collection Service. This service will be governed by the
following terms and conditions:
8.07.1 Conditions of Service. The CONTRACTOR shall provide Large
Item Collection Service to all SFD Service Units in the Service Area whose Large Items
have been placed within three (3) feet of the curb, swale, paved surface of the pUblic
roadway, closest accessible roadway, or other such location agreed to by the
CONTRACTOR and Service Recipient, that will provide safe and efficient accessibility to
the CONTRACTOR'S Collection crew and vehicle. The Service Recipient shall be
limited to seven (7) cubic yards per Collection. Accordingly CONTRACTOR shall be
compensated for the cost of Collecting Large Items in excess of this limitation in
accordance with the aAdditional Large Item Collection" service rate as set by the City
and as may be adjusted under the terms of this Agreement. Each SFD Service Unit in
the Service Area shall be entitled to receive Large Item Collection Service up to three (3)
times per Agreement Year. CONTRACTOR shall not be required to Collect more than
four (4) tires from any SFD Service Unit per Collection.
8.07.2 Freouencv of Service. Large Item Collection Service shall be
provided wlthin three (3) Work Days of receipt of the request.m
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8.08 Used Oil Collection Service. This service will be governed by the
following terms and conditions:
8.08.1 Conditions of Service. The CONTRACTOR shall proYide Used Oil
Collection Service to all SFD Service Units in the Service Area utilizing Used Oil
Containers for the accumulation and set-out of their Used Oil, and Used Oil Filter
Containers for the accumulation and set out of their Used Oil Filters where the Used Oil
Containers and Used Oil Filter Containers have been placed within three (3) feet of the
curb, swale. paved surface of the public roadway, closest accessible roadway, or other
such location agreed to by the CONTRACTOR and SelVice Recipient, that will provide
safe and efficient accessibility to the CONTRACTOR'S Collection crew and vehicle.
8.08.2 Non-Collection. CONTRACTOR shall not be required to Collect
material placed in Used Oil or Used Oil Filter Containers unless the material is Used Oil
or Used Oil Filters, as appropriate, and is free of contamination other than contamination
normally expected to be present as a result of the use, storage or spillage of the oil or
filter. In the event of non-collection. CONTRACTOR Shall affix to the Used Oil or Used
Oil Filter Container a Non-Collection Notice explaining why Collection was not made and
maintain a copy of such notice during the term of this Agreement. Prior to the end of
each Work Day, CONTRACTOR shall notify the City Representative, either by Fax or e-
mail, of any non-collection occurrences. If non-collection is because the Used Oil or
Filter was placed in an improper container, CONTRACTOR shall also leave Used Oil or
Used Oil Filter Containers in a number sufficient to contain the Used Oil or Used Oil
Filters set out, but not exceeding sixteen (16) quarts, or two (2) Used Oil Filters along
with the Non-Collection Notice.
8.08.3 Soillaae. CONTRACTOR shall carry oil absorbent material on all
Used Oil Collection vehjcles and shall cleanup any Used Oil that spills during Collection,
which has leaked from the Used Oil or Used Oil Filter Container, or which spills or leaks
during the time the Used Oil or Used Oil Filter is in the Collection vehicle.
8.08.4 Used Oil and Used Oil Filter Containers. Within three (3) Work
Days of receipt of a verbal request of CITY or a Service Recipient, CONTRACTOR shall,
at CONTRACTOR'S sole cost and expense, provide the SFD Service Unit where the
Service Reciprent resides with Used Oil Containers and Used Oil Filter Containers in the
number requested by the CITY or the Service Recipient but not exceeding a number
sufficient to hold sixteen (16) quarts of Used Oil and two (2) Used Oil FHters.
8.08.4.1 At the time CONTRACTOR Collects Used Oil from a SFD
Service Recipient, CONTRACTOR shall. at CONTRACTOR'S sole cost and expense,
leave at the premises one (1) Used Oil Container for each Used Oil Container Collected
and one (1) Used Oil Filter Container for each Used Oil Filter Container Collected.
CONTRACTOR shall keep the outside of all Used Oil and Used Oil Filter Containers
clean and may re-use the containers until the condition of the contajner makes it
inappropriate for re-use.
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Collection Service Agreement
ARTICLE 9. MFD Collection Services
9.01 MFD Collection Services. These services will be governed by the
following terms and conditions:
9.01.1 Conditions of Service. The CONTRACTOR shall provide MFD
Solid Waste Collection Service. and MFD Recycling Service to all MFD Service Units in
the Service Area whose Solid Waste and Recyclable Material are properly containerized
in bins or carts as appropriate where the bins and carts are accessible as set forth in
Section 9.01.3.
9.01.2 FreCluency of Service. Each service shall be provided at least
once every week on a scheduled route basis. However, in those instances where the
scheduled Collection day falls on a holiday as set forth in Section 3.09 herein, the
Collection day may be adjusted in a manner agreed to between the Service Recipient
and the CONTRACTOR as long as service is received a minimum of one (1) time per
week. The size of the bin or cart and the frequency (above the minimum) of CoUection
shall be determined between the customer and the CONTRACTOR. However, size and
frequency shall be sufficient to provide that no Solid Waste or Recyclable Material need
be placed outside the bin or cart on a regular basis.
9.01.3 Accessibilitv. CONTRACTOR shall Collect all Garbage Bins and
Recycling Bins or Carts that are readily accessible to the CONTRACTOR'S crew and.
vehicles and not blocked. However, CONTRACTOR shall provide "push services" as
necessary during the provision of MFD Collection Services. Push services shall include,
but not be limited to, dismounting from the Collection vehicle. moving the Garbage Bins
or Recycling Bins or Carts from their storage location for Collection and returning the
Garbage Bins or Recycling Bins or Carts to their storage location.
9.01.3.1 The CONTRACTOR may notify the City Representative
daily, either by Fax or e-mail, of all situations that prevent or hinder Collection from any
MFD Service Unit.
9.01.4 Non-Collection. CONTRACTOR shall not be required to Collect
any Solid Waste or Recyclable Materials that are not placed in a bin or cart unless such
Solid Waste or Recyclable Material is outside the bin or cart as a result of oyerflow. In
the event of non-collection, CONTRACTOR shall affix to the bin or cart a Non-Collection
Notice explaining why Collection was not made. CONTRACTOR shall maintain copies
of the Non-Collection Notice during the term of this Agreement.
9.01.5 Overflow. In the case of repeated overflows of Solid Waste or
Recyclable Material CONTRACTOR shall contact the MFD Service Unit management to
arrange for an appropriate change in bin or cart size, Collection frequency or both. In
the event. CONTRACTOR cannot successfully contact the MFD Service Unit
management after three (3) attempts, or cannot reach an agreement with such
management regarding the change in service, CONTRACTOR shall advise the City
Representative, either by Fax or e-mail, of the details of the overages, and the attempts
at communication with the MFD Service Unit management. The City Representative
shall respond to CONTRACTOR'S report and make a final written detennination. Within
.
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five (5) Work Days of receipt of the City Representative's written determination,
CONTRACTOR shall change the Collection Service in accordance with such written
determination.
9.02 Large Item Collection Service. This service will be governed by the
following terms and conditions:
9.02.1 Conditions of Service. The CONTRACTOR shall provide Large
Item Collection Service to all MFD Seryice Units in the Service Area in a manner agreed
to between the CONTRACTOR and the MFD Service Unit management. The service
shall be limited to the Collection of a maximum number of cubic yards of material
calculated by multiplying the number of Dwelling Units in the Servjce Unit by three (3)
cubic yards. Accordingly CONTRACTOR shall be compensated for the cost of
Collecting Large Items in excess of this limitation in accordance with the "Additional
Large Item Collectjon" service rate as set by the City and as may be adjusted under the
terms of this Agreement.
9.02.2 Frequency of Service. Large Item Collection Service shall be
provided within three Work Days of receipt of the request.
9.03 Used Oil and Filter Collection Service. This service will be governed by
the following terms and conditions:
9.03.1 Conditions of Service. The CONTRACTOR shall provide Used Oil
Collection Service to all participating MFD Service Units in the Service Area utilizing
Used Oil Containers for the accumulation and set out of their Used Oil, and Used Oil
Filter Containers for the accumulation and set out of their Used Oil Filters. Used Oil
Containers and Used Oil Filter Containers shall be placed in a collection box at a
location that has been agreed to by the CONTRACTOR, and management of the MFD
Service Unit that will provide safe and efficient accessibility to the CONTRACTOR'S
Collection crew and vehicle.
9.03.2 Frequency of Service. This service shall be provided once every
week on a Scheduled route basis on the same Work Day as MFD Solid Waste or
Recycling COllection Service. However, in those instances where the scheduled
Collection day falls on a holiday as set forth in Section 3.09 herein, the Collection day
may be adjusted in a manner agreed to between the Service Recipient and the
CONTRACTOR as long as service is receiyed a minimum of one (1) time per week.
9.03.3 Non-Collection. CONTRACTOR shall not be required to Collect
material placed in Used Oil or Used Oil Filter Containers unless the material is Used Oil
or Used Oil Filters, as appropriate, and is free of contamination other than contamination
normally expected to be present as a result of the use, storage or spillage of the oil or
filter. In the event of non-collection, CONTRACTOR shall affix to the Used Oil or Used
Oil Filter Container a Non~Co"ection Notice explaining why Collection was not made.
Prior to the end of the Work Day, CONTRACTOR shall notify the City Representative,
either by Fax or e-mail, of any non-collection occurrences. If non-collection is because
the Used Oil or Filter was placed in an improper container, CONTRACTOR shall also
leaye Used Oil or Used Oil Filter Containers in a number sufficient to contain the Used
.
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Collection Service A~e~!lJt \ ~'1
Oil or Used Oil Filters set out, but not exceeding sixteen (16) quarts, or two (2) Used Oil
Filters per Dwelling Unit, along with the Non-Collection Notice.
9.03.4 S.Qillage- CONTRACTOR shall carry oil absorbent material on all
Used Oil Collection yehicles and shall cleanup any Used Oil that spills during Collection,
which has leaked from the Used Oil or Used Oil Filter Container, or which spills or leaks
during the time the Used Oil or Used Oil Filter is in the Collection vehicle.
9.03.5 Used Oil and Used Oil Filter Containers. Within three (3) Work
Days of receipt of request for Used Oil Collection Services, CONTRACTOR shall, at
CONTRACTOR'S sole cost and expense, provide the Service Recipient or management
of the MFD Service Unit with a sufficient number of collection boxes for the storage of
Used Oil and Used Oil Filters. Each collection box shall contain six (6) Used Oil
Containers, three (3) Used Oil Filter Containers, and one oil funnel.
9_03_5.1 At the time CONTRACTOR Collects Used Oil from a
MFD Service Unit, CONTRACTOR shall, at CONTRACTOR'S sole cost and expense,
leave at the premises one (1) Used Oil Container for each Used Oil Container Collected
and one (1) Used Oil Filter Container for each Used Oil Filter Container Collected.
CONTRACTOR shall keep the outside of all Used Oil and Used Oil filter Containers
clean and may re-use the containers until the condjtion of the container makes It
inappropriate for re-use.
ARTICLE 10. Commercial Collection Services
10.01 Commercial Collection Services.These services will be governed by the
following terms and conditions:
10.01.1 Conditions of Service. The CONTRACTOR shall provide
Commercial Solid Waste Conection Service and Commercial Recycling Service to all
Commercial Service Units in the Service Area whose Solid Waste and Recyclable
Material are properly containerized in bins or carts as appropriate where the bins and
carts are accessible as set forth in Section 10.01.3. CONTRACTOR shall provide
Commercial Organic Collection Service to all Commercial Service Units and Commercial
Organic Service Units in the Service Area whose Commercial Organic Waste is properly
containerized in bins or carts as appropriate where the bins and carts are accessible as
setforth in Section 10.01.3.
10.01.2 Freguency of Service. Each service shall be provided at least
once every week on a scheduled route basis. However, in those instances where the
scheduled Collection day falls on a holiday as set forth in Section 3.09 herein, the
Collection day may be adjusted in a manner agreed to between the Service Recipient
and the CONTRACTOR as long as service is received a minimum of one (1) time per
week. The size of the bin or cart and the frequency (aboye the minimum) of Collection
shall be determined between the customer and the CONTRACTOR. However, size and
frequency shall be sufficient to provide that no Solid Waste, Recyclable Material, or
Commercial Organic Waste need be placed outside the bin or cart on a regular basis.
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10.01.3 Accessibility. CONTRACTOR shall Collect all bins and carts that
are readily accessible to the CONTRACTOR'S crew and vehicles and not blocked.
However, CONTRACTOR shall provide "push services" as necessary during the
provision of Commercial Collection Services. Push services shall include, but not be
limited to, dismounting from the Collection vehicle. moving the bins or carts from their
storage location for Collection and returning the bins or carts to their storage location.
10.01.3.1 The CONTRACTOR may notify the City Representative
daily, either by Fax or e~mail, of all situations that prevent or hinder Collection from any
Commercial Service Unit.
10.01.4 Non-Collection. CONTRACTOR shall not be required to Collect
any Solid Waste, Recyclable Materials, or Commercial Organic Waste that are not
placed in a bin or cart unless such Solid Waste or Recyclable Material is outside the bin
or cart as a result of overllow. In the event of non~collection, CONTRACTOR shall affix
to the bin or cart a Non-Collection Notice explaining why Collection was not made.
CONTRACTOR shall maintain copies of the Non-Collection Notice during the term of this
Agreement.
10.01.5 Overflow. In the case of repeated overflows of Solid Waste or
Recyclable Material CONTRACTOR shall contact the Commercial Service Unit
management to arrange for an appropriate change in bin or cart size, Collection
frequency or both. In the eyent, CONTRACTOR cannot successfully contact the
Commercjal Service Unit management after three (3) attempts, or cannot reach an
agreement with such management regarding the change in service, CONTRACTOR
shall advise the City Representative, either by Fax or e-mail, of the details of the
overages, and the attempts at communication with the Commercial Service Unit
management. The City Representative shall respond to CONTRACTOR'S report and
make a final written determination. Within five (5) Work Days of receipt of the City
Representative's written determination, CONTRACTOR shall change the Collection
Service in accordance with such written determination.
10.02 Commercial Waste Audits. CONTRACTOR'S Recycling Coordinator shall
develop a Commercial Waste Audit plan and submit the plan to the CITY for review no
later than June 1, 2005. The plan, as approved by the CITY shall be implemented no
later than January 1, 2006. At a minimum the plan shall include the provision of up to
five (5) commercial waste audits per day depending on the needs of the commercial
community.
.
1380 ARTICLE 11. CITY Collection Services
1381 11.01 CITY Collection Services. These services will be governed by the
1382 following terms and conditions:
1383 11.01.1 Conditions of Service. The CONTRACTOR shall provide CITY
1384 Solid Waste Collection Service, CITY Recycling Service, CITY Organic Collection
1385 Service and Large Item Collection Service to all CITY Service Units in the Service Area
1386 where the bins and carts are accessible as set forth in Section 11.01.3.
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Collection Service Agreement
11.01.2 Frequency of Service. Each service shall be provided at least
once every week on a scheduled route basis. However, in those instances where the
scheduled Collection day falls on a holiday as set forth in Section 3_09 herein, the
Collection day may be adjusted in a manner agreed to between the Service Recipient
and the CONTRACTOR as long as service is received a minimum of one (1) time per
. week. The size of the bin or cart and the frequency (above the minimum) of Collection
shall be determined between the CITY and the CONTRACTOR.
11.01 .3 Accessibilitv. CONTRACTOR shall Collect all bins and carts that
are readily accessible to the CONTRACTOR'S crew and vehicles and not blocked.
However, CONTRACTOR shall provide "push services" as necessary during the
proviSion of CITY Collection Services. Push services shall include, but not be limited to,
dismounting from the Collection vehicle, moving the bins or carts from their storage
location for Collection and returning the bins or carts to their storage location.
11.01.3.1 The CONTRACTOR may notify the City Representative
daily, either by Fax or e-mail, of all situations that prevent or hinder Collection from any
CITY Service Unit.
11.02 Lame Item Collection Service. This service will be governed by the
following terms and conditions:
11.02.1 Conditions of Service. The CONTRACTOR shall proYide Large
Item Collection Service to all CITY Service Units in the Service Area whose Large Items
have been placed within three (3) feet of the curb, swale, paved surface of the public
roadway, closest accessible roadway, or other such location agreed to by the
CONTRACTOR and Service Recipient, that will provide safe and efficient accessibility to
the CONTRACTOR'S Collection crew and vehicle. The Servjce Recipient shall be
limited to seven (7) cubic yards per Collection. Each CITY Service Unit in the Service
Area shall be entitled to receive Large Item Collection Service up to three (3) times per
Agreement Year.
11.02.2 FreQuencv of Service. Large Item Collection Service shall be
provided within three (3) Work Days of receipt of the request.
11.03 Neiahborhood Clean-Uo Services.
11.03.1 CONTRACTOR shall, in response to the written request of the
City Representative, deliver and collect Roll-Off Containers for use in residential
neighborhood clean-up programs. Each clean-up event shall consist of a single
Collection day beginning at 6:00 a.m. and ending at 6:00 p.m. The City Representative
shall notify CONTRACTOR in writing not less than five (5) calendar days prior to the
date of the service. The notice to CONTRACTOR shall specify the date of delivery and
Collection of the Roll-Off Containers, the location(s) for delivery, and the number of and
size of the Roll-Off Containers to be deliyered. As part of this service, CONTRACTOR
shall provide on-site supervision at all times the Roll-Off Containers are available for
Neighborhood Clean-Up Services. At such time as the Roll-Off Container is full, but not
later than the end of the Neighborhood Clean-Up Service day, CONTRACTOR shall
transport and deliver the Collected materials to the Disposal Facility, the Materials
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Recovery Facility, or such other facility as is appropriate for the disposition of the
materials and approved by the City Representative.
11.03.2 With the prior written consent of the City Representative,
CONTRACTOR may provide for the Collection of materials at a Neighborhood Clean~up
Service event in a vehicle or container other than a Roll-Off Container. However, in the
event the CONTRACTOR elects to utilize this alternative Collection process.
CONTRACTOR is responsible for obtaining documentation of the weight of the materials
Collected, diverted and disposed in a manner that is acceptable to the CITY.
11.04 Collection of CITY Containers. CONTRACTOR shall provide Collection,
transporting and disposal or processing service to those public Solid Waste, Green
Waste or recycling containers in place or placed by the CITY on sidewalks, in parks and
other CITY properties during the term of this Agreement. Frequency of Collection may
be designated by the CITY, not to exceed six (6) times per week per container.
CONTRACTOR shall provide this service at no additional cost to CITY.
11.05 CITY Soonsored Events. CONTRACTOR shall provide Solid Waste
Collection and Disposal services, Recycling Collection and processing services and
portable toilets at up to three (3) CITY sponsored events as requested by CITY. Such
services Shall be provided in such a manner that all Solid Waste, Recycling and portable
toilet needs of the eyent are adequately and properly provided for by CONTRACTOR at
no cost of any kind to the CITY. Current events and requirements are set forth on
Exhibit 6, which is attached to and included in this Agreement.
11.06 HHW OraD-Off Service. CONTRACTOR shall be responsible for
promoting, managing, staffing, and operating an annual drop-off event to accept
Household Hazardous Waste (HHW) from residents of the CITY. HHW to be collected
at the evant shall include at a minimum items such as: paint, stain, varnish, thinner and
adhesives; auto products such as old fuel, motor oil, oil filters and batteries; household
batteries; cleaners and sprays; and garden products, including pesticides and fertilizers.
11.07 HHW DisDosal Event Plan. CONTRACTOR shall provide HHW Drop-Off
Service in a manner consistent with the HHW Disposal Event Plan set forth in Exhibit 10,
which is attached to and included in this Agreement and the provisions of Section 11.08
of this Agreement. The plan includes the use of Phillips Service Corporation ("PSC W) as
a sub contractor to proyide the actual services. CITY herein approves the use of PSC
and CONTRACTOR agrees not to replace PSC without the approval of the CITY.
11.08 Except as set forth in Section 11.08.3 below, all costs, including but not
limited to transportation, management, administration, site selection, processing and
disposal, related to this event shall be the responsibility of the CONTRACTOR and no
additional compensation will be provided by the CITY.
. 11.08.1 CONTRACTOR shall prepare and pay for publication of all
advertisements and public announcements regarding the HHW event. All promotional
material shall be approved by the CITY prior to release to the public. CONTRACTOR
shall arrange for an appointment system to be in place to allow residents call in to make
.
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appointments to drop-off material at the HHW event. The appointment system shall be
designed to minimize waiting time for residents and to encourage participation.
11.08.2 The date and site of the HHW event shall be selected by the
CONTRACTOR and approyed by the CITY. The CITY shall assist the CONTRACTOR
in locating a site as requested, however such site shall always be within the Municipal
limits of the CITY. At such events, the CONTRACTOR shall accept HHW delivered by
City residents during a seven (7) hour period. CONTRACTOR shall provide personnel
that will assist with directing traffic; verifying residency of persons delivering HHW:
documenting the number of residents delivering materials; and directing residents where
to unload materials. In addition, CONTRACTOR shall be responsible for managing the
HHW event; supervising and directing event personnel; inspecting materials delivered to
the event; separating and packaging HHW; documenting the quantity of each material
type; transporting HHW to reuse, Recycling, and/or processing locations; and c1eaning-
up the location at the end of the event.
11.08.3 CONTRACTOR shall be prepared to accept a maximum amount
of twenty (20) tons of HHW at the initial event. In the event more than twenty (20) tons
of HHW are collected at the initial event CITY will compensate COLLECTOR in
accordance with the "HHW Additional Ton Rate as set by the CITY. Thereafter, the
maximum amount to be collected without additional compensation shall be the prior year
maximum amount multiplied by one (1) plus the Annual Growth factor used to calculate
the annual compensation adjustment as set forth in Section 5.05.1.2.
11.08.4 CONTRACTOR shall provide properly trained and qualified
personnel to handle, unload, package and transport HHW to proper vendors for
Recycling and Disposal. CONTRACTOR shall provide appropriate containers for the
HHW. CONTRACTOR shall make a good faith effort to minimize waiting time for
residents participating in the HHW Drop-off event.
11.08.5 CONTRACTOR shall provide CITY with a report within thirty (30)
days of the event summarizing the number of participants and the total Tonnage
collected by material type. In addition, the report shall provide detail financial data
regarding the cost of the event including but not limited to administrative, training, setup
and cleanup, transportation, and processing.
11.09 Abandoned Waste. CONTRACTOR shall direct its Collection vehicle
drivers to note (i) the addresses of any premises at which the driver observes that Solid
Waste, Recyclable Material, and/or Organic Material is accumulating; and (ii) the
address, or other location description, at which Solid Waste, Recyclable Material, and/or
Organic Material has been dumped in an apparently unauthorized manner.
CONTRACTOR shall deliver the address or description to CITY within three (3) Work
Days of such observation.
1508 ARTICLE 12. Collection Routes
1509 12.01 Collection Routes. Ninety (90) days prior to commencement of Collection
1510 Services, the CONTRACTOR shall provide the CITY with maps precisely defining
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Collection routes, together with the days and the times at which Collection shall regularly
commence. To the extent possible, CONTRACTOR will provide the map data in a GIS
format that is compatible with the format used by the CITY.
12.02 Subseauent Collection Route Chances. The CONTRACTOR shall submit
to the CIT'Y, in writing, any proposed route change (including maps thereof) not less than
sixty (60) calendar days prior to the proposed date of implementation. To the extent
possible, CONTRACTOR will provide the map data in a GIS format that is compatible
with the format used by the CITY. The CONTRACTOR shall not implement any route
changes without the prior review of the City Representative. If the route change wjll
change the Collection day for a Service Recipient, the CONTRACTOR shan notify those
Service Recipients in writing of route changes not less than thirty (30) days before the
proposed date of implementation.
12.02.1 Collection Route Audits. The CITY reserves the right to conduct
audits of CONTRACTOR'S Collection routes. The CONTRACTOR shall cooperate with
the CITY in connection therewith, including permitting CITY employees or agents,
designated by the City Representative, to ride in the Collection vehicles in order to
conduct the audits. The CONTRACTOR shall have no responsibility or liability for the
salary. wages, benefits or worker compensation claims of any person designated by the
City Representative to conduct such audits.
ARTICLE 13. Minimum Performance and Diversion
Standards
.
1532 13.01 Agreement Extensions. In order to receive the Agreement term extension
1533 offer set forth in Article 2 of this Agreement, the CONTRACTOR must meet or exceed
1534 the following annual minimum performance and diversion standards in each Agreement
1535 Year beginning July 1, 2006.
1536 13.02 Performance Standards. In order to meet the minimum performance
1537 standards, liquidated damages, as set forth in Section 22 of this Agreement, assessed
1538 against the CONTRACTOR must not exceed $200,000 in any Agreement Year beginning
1539 July 1, 2006.
1540 13.03 Minimum Diversion Standards
1541 13.03.1.1In order to meet the minimum diversion standards,
1542 CONTRACTOR must divert fifty percent (50%), or such other amount as may be set in
1543 accordance with the provisions of Article 27 of this Agreement, of all materials Collected
1544 under the terms of this Agreement in each Agreement Year beginning July 1, 2006.
1545 ARTICLE 14. Collection Equipment
1546 14.01 EauiDment Specifications.
1547 14.01.1 General Provisions. All equIpment used by CONTRACTOR in the
1548 performance of services under this Agreement shall be of a high quality. The vehicles
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Collection Service Agreement
shall be designed and operated so as to prevent Collected materials from escaping from
the vehicles. Hoppers shall be closed on top and on all sides with screening material to
preyent Collected materials from leaking, blowing or falling from the vehicles. All trucks
and contajners shall be watertight and shall be operated so that liquids do not spill
during Collection or in transit.
14.01.2 AU Collection Service vehicles utilized by CONTRACTOR
pursuant to this Agreement shall provide fully-automated Collection Service except
where such service is not feasible because of topographic or other physical factors.
Where fully-automated Collection Service is not feasible, CONTRACTOR shall consult
with the City Representative regarding the Collection Service equipment to be utilized.
14.01.3 Alternate Fuel Vehicles. CONTRACTOR's Collection Service
vehicles shall utilize Compressed Natural Gas as a fuel. During the term of this
Agreement, to the extent required by law, CONTRACTOR shall convert and/or retrofit
its Collection Service vehicles to be in full compliance with local, State and federal clean
air requirements that were adopted or proposed to be adopted. including, but not limited
to, the California Air Resources Board Heavy Duty Engine Standards as currently
proposed to be contained in CCR Title 13, Section 2020 et seq; the Federal EPA's
Highway Diesel Fuel Sulfur regulations and any other applicable air pollution control
laws.
14.01.4 Lubricants. Except as approved in writing by the City
Representative on an individual vehicle basis, CONTRACTOR shall utilize re-refined
motor oil and re-refined hydraulic oil in all vehicles used in CONTRACTORS
performance of this Agreement unless the use of such lubricants would void the
manufacturers warranty_
14.01.5 Larqe Items. Vehicles used for Collection of Large Items shall not
use compactor mechanisms or mechanical handling equipment that may damage
reusable goods or release Freon or other gases from pressurized appliances.
14.01.6 Safetv Markings. All Collection equipment used by COLLECTOR
shall have appropriate safety markings including, but not limited to, highway lighting,
flashing and warning lights, clearance lights, and warning flags- All such safety markings
shall be subject to the approval of the CITY and shall be in accordance with the
requirements of the California Vehicle Code. as may be amended from time to time.
14.01.7 Vehicle Siqnaae and Paintinn. Collection vehicles shall be
painted and numbered consecutiyely without repetition and shall have the
CONTRACTOR'S name. CONTRACTOR'S customer service telephone number, and the
number of the vehicle painted in letters of contrasting color, at least four (4) inches high,
on each side and the rear of each vehicle. No advertising shall be permitted other than
the name of the CONTRACTOR except promotional advertisement of the Recyclable
Materials and Organic Waste programs. CONTRACTOR shall repaint all vehicles
(including vehicles striping) during the term of this Agreement on a frequency as
necessary to maintain a positiye public image as reasonably determined by the City
Representative.
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14.01.8 Bin Sionage. Paintina. and Cleaning. All metal bins of any
service type furnished by the CONTRACTOR shall be either painted or galvanized. All
bins shall display the CONTRACTOR'S name. CONTRACTOR'S customer service
telephone number, and the number of the bin and shall be kept in a clean and sanitary
condition. Such bins as are provided by the CONTRACTOR shall be steam cleaned by
the CONTRACTOR as frequently as necessary so as to maintain them in a sanitary
condition. Bins will be subject to periodic, unscheduled inspections by the CITY and
detelTl1ination as to sanitary condition shall be made by the CITY.
14.02 Collection Vehicle Noise Level. All Collection operations shall be
conducted as quietly as possible and shall conform to applicable Federal, State, County
and CITY noise level regulations, including the requirement of Chaoter 5.28 of the
CITY'S Municipal Code. In the event of repeat occurrences of noise levels in excess of
the limit specified in the CITY'S municipal code, CONTRACTOR shall pay liquidated
damages in accordance with Section 22.
14.03 Vehicle ReQistration. Licensino and Inspection. On or before July 1, 2005
and annually thereafter during the term of this Agreement, CONTRACTOR shall submit
documentation to the CITY Representative to verify that each of the CONTRACTOR'S
Collection vehicles is in compliance with all registration, licensing and inspection
requirements of the California Highway Patrol, the California Department of Motor
Vehicles, and any other applicable laws or regulations. CONTRACTOR shall not use
any vehicle to perform Collection Services that is not in compliance with applicable
registration, licensing and inspection requirements_
14.04 Equipment Maintenance. CONTRACTOR shall maintain Collection
equipment in a clean condition and in good repair at all times_ All parts and systems of
the Collection equipment shall operate properly and be maintained in a condition
satisfactory to CITY CONTRACTOR shall wash all Collection vehicles at least once a
week.
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14.05 Maintenance Log. CONTRACTOR shall maintain a maintenance log for
all Collection vehicles. The log shall at all times be accessible to CITY by physical
inspection upon request of City Representative, and shall show, at a minimum, each
vehicles CONTRACTOR assigned jdentification number, date purchased or initjallease,
dates of performance of routine maintenance, dates of performance of any additional
maintenance. and description of additional maintenance performed.
14.05.1 Ecuipment Inventorv. On or before June 1, 2005,
CONTRACTOR shall provide to CITY an inventory of Collection vehicles and major
equipment used by CONTRACTOR for Collection or transportation and performance of
services under this Agreement. The inventory shall indicate each Collection vehicle by
CONTRACTOR assigned identification number, DMV license number, the age of the
chassis and body, type of fuel used, the type and capacity of each vehicle, the number of
vehicles by type, the date of acquisition, the decibel rating and the maintenance status.
CONTRACTOR Shall submit to the City Representative, either by Fax or a-mail, an
updated inventory annually to the CITY or more often at the request of the City
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Representative. Each vehicle inventory shall be accompanied by a certification signed
by CONTRACTOR that all Collection vehicles meet the requirements of this Agreement.
14.05.2 Reserve Eauipment. The CONTRACTOR shall have available to
it, at all times. reserve Collection equipment which can be put into service and operation
within one (1) hour of any breakdown. Such reserve equipment shall correspond in size
and capacjty to the equipment used by the CONTRACTOR to perform the contractual
duties.
14.06 Vehicle Tare Weiahts. Between the time this Agreement is executed and
July 1, 2005, CONTRACTOR shall have the Disposal Contractor weigh and determine
the unloaded ("tare") weight of each of CONTRACTOR'S vehicles that will be used to
deliver Solid Waste and other materials to the Disposal Facility. Before July 1, 2005,
CONTRACTOR shall receiye from the Disposal Contractor a report listing vehicle tare
weight Information, which shall include, at a minimum, hauler' name, tare weight, vehicle
identification number, and the date the tare weight was determined. CONTRACTOR
shall, at least every two (2) years, haye the Disposal Contractor reweigh and revise tare
weights for all CONTRACTOR'S vehicles used to deliver Solid Waste and other
materials to the Disposal Facility.
14.06.1 When new vehicles are placed into service and immediately after
any significant repairs to vehicles by the CONTRACTOR, the CONTRACTOR shall have
the Disposal Contractor promptly weigh such yehicles and determine the tare weight of
each vehicle. Within ten (10) Working Days of weighing, CONTRACTOR shall receive
from the Disposal Contractor, a report listing vehicle tare weight information.
CONTRACTOR, CITY, and Disposal Contractor shall have the right to request re-tarring
of vehicles up to two (2) times per year, unless there is reasonable suspicion or evidence
that tare weights are not accurate, in which case, tare weights may be updated more
frequently to ensure accuracy.
1659 ARTICLE 15. Contractor's Office
1660 15.01 CONTRACTOR'S Office. The CONTRACTOR shall maintain an office in
1661 the CITY of Dublin which provides toll-free telephone access to residents of the City of
1662 Dublin and is staffed by a minimum of two (2) trained and experienced Customer service
1663 Representatives (CSR's). Any proposed changes to the office location andlor staffing
1664 level must' be approved by the CITY. Such office shall be equipped with sufficient
1665 telephones that all Collection Service related calls received during normal business
1666 hours are answered by an employee within five (5) rings. and shall have responsible
1667 persons in charge during Collection hours and shall be open during such normal
1668 business hours. 8:00 a.m. to 6:00 p.m. on all Work Days. The CONTRACTOR shall
1669 provide either a telephone answering service or mechanical device to receive Service
1670 Recipient inquiries during those times when the office is closed. Calls received after
1671 normal business hours shall be addressed the next Work Day morning.
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15.01.1 Emeraencv Contact. The CONTRACTOR shall proYide the City
Representative with an emergency phone number where the CONTRACTOR can be
reached outside of the required office hours.
1675 15.01.2 MultilinQual/TDD Service. CONTRACTOR shall at all times
1676 maintain the capability of responding to telephone calls in English and such other
1677 languages as CITY may direct. CONTRACTOR shall at all times maintain the capability
1678 or responding to telephone calls through Telecommunications Device for the Deaf (TOO)
1679 Services.
1680 15.01.3 Service Recipient Calls. During office hours, CONTRACTOR
1681 shall maintain a telephone answering system capable of accepting at least fifteen (15)
1682 incoming calls at one time. CONTRACTOR shall record all calls including any jnquiries,
1683 service requests and complaints into a (........~"''' Iv' ~<;;I V 1,",0;; ;vl::!'
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15.01.4 All incoming calls will be answered within five (5) rings. Any call
"on-hold" in excess of one and one half (1.5) minutes shall have the option to remain
"on-hold" or to be switched to a message center where Service Recipient can leave a
message. CONTRACTOR'S customer service representative shall return Service
Recipient calls. For all messages left before 3:00 p.m., all "call backs" shall be
attempted a minimum of one time prior to 6:00 p.m. on the day of the call. For
messages left after 3:00 p.m., an"eall backs" shall be attempted a minimum of one time
prior to noon the next Work Day. CONTRACTOR shall make minimum of three (3)
attempts within twenty-four (24) hours of the receipt of the call. If CONTRACTOR is
unable to reach the Service Recipient on the next Work Day, the CONTRACTOR shall
send a postcard to the Service Recipient on the second Work Day after the call was
received, indicating that the CONTRACTOR has attempted to return the call.
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1696 15.01.5 Web Site. CONTRACTOR shall develop and maintain a web site
1697 describing services provided in the CITY that is accessible by the publiC. The site shall
1698 include answers to frequently asked questions, rates for Collection Services, Recyclable
1699 Materials and Organic Materials specifications, Collection Service schedules and maps,
1700 and other related topics. CONTRACTOR shall arrange for the CITY'S web site to include
1701 an e-mail link to CONTRACTOR and a link to CONTRACTOR'S web site. The
1702 CONTRACTOR'S web site shall provide the public the ability to a-mail complaints to
1703 CONTRACTOR.
1704 ARTICLE 16. Other Services
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16.01 Recyclina Coordinator. CONTRACTOR shall provide a full time Recycling
Coordinator during the term of the Agreement whose sole function during normal
business hours of each Work Day shall be to provide services related to the City of
Dublin Collection Service Agreement. CONTRACTOR has identified Debbie Jeffery as
the Recycling Coordinator and agrees that Ms. Jeffery shall serve In that position for at
least the first two (2) Agreement Years and if replaced Shall be replaced with an
individual with like experience and qualifications.
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Collection Service Agreement
16.02 Public Outreach and Education Services. CONTRACTOR, at their own
expense, shall prepare, submit and implement an annual (Agreement Year) Public
Education and Outreach Program beyond the City's Public Education and Outreach
Program. The proposed action plan must be submitted annually for CITY approval no
later than March 31st for the next Agreement Year. The program must include a
minimum of four (4) campaigns per year, designed to increase diversion and resident
participation. Campaigns should target certain Recyclable Materials or "problem" areas
of the CONTRACTOR'S Service Area where improvements can be maximized. Targets
of outreach should be based on local trends and recycling patterns based on information
obtained by both the City Representative and CONTRACTOR staff.
16.02.1 Public School Education Proarams. CONTRACTOR shall meet
with the CITY'S public school district at least two (2) times per year to inform teachers,
administrators, and custodians about the recycling program(s) the CONTRACTOR is
providing to the school district, as well as general concepts of source reduction, reuse,
recycling and Composting.
16.02.2 Go Green Initiative. CONTRACTOR shall work with the CITY's
public school district to implement the "Go Green InitiatiYe" as part of its' public
education programs. CONTRACTOR agrees that the funding to implement and maintain
the program during its' first six (6) Agreement Years shall be provided by CONTRACTOR
at no additional cost to the CITY or its' residents.
16.02.3 Recyclina Bins. CONTRACTOR shall offer to proYide the public
school district with a standardized classroom recycling bin for every classroom and office
in the district that is imprinted with the logo of the school district and the words "Dublin
Schools Recycle". To the extent that the City Representative has approved the purchase
of the bins in writing, the CONTRACTOR will be reimbursed by the CITY for the cost of
the bins.
16.02.4 Multi-Uncual Education Materials. The CONTRACTOR shall
develop a multi-lingual approach to preparing all public education materials required in
this Section. The multi-lingual approach may emphasize use of visual Images and
English descriptions supplemented with text on the bottom of the public education
document in different languages.
CONTRACTOR shall allow the CITY to review and approve all public education
materials prior to distribution.
16.03 Annual Collection Service Notice. Each calendar year during the term of
this Agreement, the CONTRACTOR shall publish and distJibute separate notices to all
SFD Service Units regarding the SFD Collection Service programs, to all MFD Service
Units regarding MFD Service Programs and to all Commercial Service Units regarding
Commercial Service Programs. To the extent appropriate, based on the category of
customer receiving the notice, it shall contain at a minimum; definitions of the materials
to be Collected, procedures for setting out the materials, maps of the Service Area
indicating the day that SFD Solid Waste Collection Services, Large Items Collection
Service, Used Oil Collection Service, SFD Recycling Service, and SFD Organic Waste
Collection Service will be provided, and the CITY customer service phone number. The
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Collection Service Agreement
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notice shall be provided in English, and other languages as directed by the CITY, and
shall be distributed by the CONTRACTOR no later than July 1, 2005 during the first year
of the Agreement and no later than December 1 st of each year thereafter.
16.04 Compost Give-Back. CONTRACTOR shall make available up to ten
percent (10%) of the compost product (based on the weight of Organic Waste Collected)
to the CITY in the following categories: (i) bulk compost for use in CITY parks and CITY
facilitjes; and (ii) bulk compost for distribution to CITY residents at one (1) recurring
annual compost give-away event.
16.04.1 Bulk Comoost for CITY. CONTRACTOR shall make ayailable to
CITY bulk compost for use in CITY parks and facilities. CITY will notify CONTRACTOR
as to the CITY'S needs for deliyery of finished compost throughout the Agreement Year.
CONTRACTOR shall deliver compost upon request of CITY at no additional cost to
CITY. If CITY does not take delivery of compost made available by CONTRACTOR
within thirty (30) days of the end of the Agreement Year, CONTRACTOR'S obligation to
deliver compost for said Agreement Year shall be deemed to be satisfied.
16.04.2 Bulk Comcos! for CITY Residents. CONTRACTOR shall make
available bulk compost for distribution at one (1) recurring annual compost give-back
eyent within the City of Dublin. CONTRACTOR shall work with the CITY Representative
to determine the date and location of the give-back event. CONTRACTOR shall be
responsible for all aspects related to planning, managing and staffing of the compost
give-back event, including a suitable location and all labor, equipment, traffic control,
permits and public notification. CONTRACTOR shall supply a front-end loader vehicle to
load CITY resident pickup trucks during the compost give-back event CONTRACTOR
shall also provide appropriate sealable plastic bags and shovels for residents who wish
to obtain small amounts of material.
16.05 Additional Proarams and Services. CONTRACTOR shall provide
additional services and programs as requested by CITY at a price to be mutually agreed
upon between the CONTRACTOR and the City Representative. In the event the
CONTRACTOR and the City Representative cannot reach a mutually agreed upon price
for the requested service or program, CITY shall have the right to procure the service of
other vendors or contractors to provide the requested service.
16.06 News Media Relations. CONTRACTOR shall notify the City
Representatiye by Fax, a-mail or phone of all requests for news media interviews related
to the Collection Services program within twenty-four (24) hours of CONTRACTOR'S
receipt of the request. Before responding to any inquiries involving controyersial issues
or any issues likely to affect participation or Service Recipient perception of services,
CONTRACTOR will discuss CONTRACTOR'S proposed response with the City
Representative,
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16.06.1.1 Copies of draft news releases or proposed trade journal
articles shall be submitted to CITY for prior review and approval at least five (5) Work
Days in advance of release, except where CONTRACTOR is required by any law or
regulation to submit materials to any regulatory agency in a shorter period of time, in
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which case CONTRACTOR shall submit such materials to CITY simultaneously with
CONTRACTOR'S submittal to such regulatory agency.
16_06.2 Copies of articles resulting from media interviews or news
releases shall be provided to the CITY within five (5) Work Days after publication.
16.07 Waste Generation and Characterization studies. CONTRACTOR
acknowledges that CITY must perform Solid Waste generation and characterization
studies periodically to comply with AS 939 requirements. CONTRACTOR agrees to
participate and cooperate with CITY and its agents and to perform studies and data
collection exercises. as needed, to determine weights, volumes and composition of Solid
Waste generated, disposed, transfonned, diverted or othelWise processed to comply
with AS 939.
ARTICLE 17. Emergency Service Provisions
17.01 Emeroency Services. In the event of a tornado, major storm, earthquake.
fire, natural disaster, or other such event, the City Representatiye may grant the
CONTRACTOR a variance from regular routes and schedules. As soon as practicable
after such event, the CONTRACTOR shall advise the City Representative when it is
anticipated that nonnal routes and schedules can be resumed. The City Representative
shall make an effort through the local news media to inform the public when regular
services may be resumed. The clean-up from some events may require that the
CONTRACTOR hire additional equipment, employ additional personnel, or work existing
personnel on overtime hours to clean debriS resulting from the eyent. The
CONTRACTOR shall receive additional compensation, above the normal compensation
contained in this Agreement, to cover the costs of rental equipment, additional
personnel, overtime hours and other documented expenses based on the rates set forth
in Exhibit 1 to this Agreement provided the CONTRACTOR has first secured written
authorization and approval from the CITY through the City Representative.
ARTICLE 18. Record Keeping and Reporting
Requirements
18.01 Record KeepinQ.
18.01.1 AccountinQ Records. CONTRACTOR shall maintain full,
complete and separate financial, statistical and accounting records, pertaining to cash,
billing, and provisions of all Collection Services provided under this Agreement, prepared
on an accrual basis in accordance with generally accepted accounting principles. Such
records shall be subject to audit, copy, and jnspection. Gross revenues deriyed from
provision of the Collection Services, including revenues from the sale of Recyclable
Materials, including CRV revenue or revenue from the sale of Com posted Material,
whether such services are perfonned by the CONTRACTOR or by a subcontractor or
subcontractors, shall be recorded as reyenues in the accounts of the CONTRACTOR.
These records shall be separate and segregated from other records maintained by
CONTRACTOR for the provision of other services outside the scope of this Agreement
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as may be provided by CONTRACTOR CONTRACTOR shall maintain and preserve all
cash, billing and disposal records for a period of not less than five (5) years following the
close of each of the CONTRACTOR'S fiscal years.
18_01.2 Agreement Materials Records. CONTRACTOR shall maintain
records of the quantities of (i) Residential, Commercial and City Waste Collected and
disposed under the terms of this Agreement, (ii) Recyclable Materials, by type,
Collected, purchased, processed, sold, donated or given for no compensation, and
residue disposed.
18.01.3 Other Records. CONTRACTOR shall maintain all other records
reasonably related to provision of Collection Services, whether or not specified in this
Article 18 or elsewhere in the Agreement.
18.02 ReoortinQ ReQuirements.
18.03 Due Dates. Monthly reports shall be submitted no later than twenty (20)
calendar days after the end of the reporting month. Quarterly reports shall be submitted
no later than thirty (30) calendar days after the end of the reporting quarter and annual
reports shall be submitted no later than forty-five (45) calendar days after the end of
each Agreement Year. Monthly, quarterly and annual reports shall be submitted in hard
copy, and shall be provided electronically via e-mail, on a 3.5" IBM-compatible diskette,
or a compact disc using software acceptable to the CITY.
18.04 MonthlY Reports. Monthly reports to the CITY' shall include:
18.04.1 Solid Waste Data. The number of SFD, MFO, City and
Commercial Service Units and the number of Garbage Bins and Carts distributed by size
and Service Unjt type. A listing of the actual tonnage from all Collection Services,
including Large Item Collection Service, Collected, diverted and disposed by the
CONTRACTOR at the Disposal Facility for the preceding month sorted between SFD,
MFD, Commercial and CITY Service Units and between Roll-Off Containers and all
other containers to extent practical (as required by Sections 5-07 and 5.08). All tonnage
data should be compared to the corresponding tonnage data from the prior year
comparable period.
18.04.2 Recvcling Data. The number of gross tons Collected monthly on
average by material type by route for SFD, MFD, City and Commercial Recycling
Service, including Recyclable Materials Collected as part of Large Item Collection
Service, for the preceding month_ The ayerage participation rates for each month
relative to the total number of Service Units by Service Unit type. All tonnage data
should be compared to the corresponding tonnage data from the prior year comparable
period.
.
18.04.3 Orqanic Waste Data. The average daily gross tons Collected and
average daily number of set-outs. Indicate average participation rates relatjve to the
total number of Service Units in terms of weekly set-out counts. Indicate number of
Organic Waste Bins and Carts distributed by size and Service Unit type. All tonnage
data should be compared to the corresponding tonnage data from the prior year
comparable period.
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18.04.4 Customer Service LOQ. A copy of the customer service log,
including a summary of the type and number of complaints and their resolution. Copies
of a written record of all calls related to missed pickups and responses to such calls.
18.05 Quarterlv Reports. Quarterly reports to the CITY shall include:
18.05.1 Monthly Data. All monthly reports in Sections 18.04.1 through
18.04.4 summarized by month and ayeraged for the quarter. All tonnage data should be
compared to the corresponding tonnage data from the prior year comparable period.
18.05.2 Public Education And Information Activities. CONTRACTOR shall
report on all public education and information activities undertaken during the period,
including distribution of bill inserts, collection notification tags, community information
and events, schoOl visits, tours and other activities related to the provision of Collection
Services. This report shall discuss the impact of these activities on Recycling and
Organic program participation and provide details of events and activities planned for the
next period.
18.05.3 Recyclina and Oraanic Waste Proarams. An analysis of any
Recycling and Organic Waste Collection, processing and marketing issues or conditions
occurring during the preYious quarter (such as participation, setouts, contamination, etc)
and possible solutions, discussed separately for SFD, MFD, Commercial and CITY
programs.
18.05.4 Customer Service Data. A summary narrative of problems
encountered with Collection and processing activities and actions taken. Indicate type
and number of Non-Collection Notices left at Seryice Recipient locations. Indicate
instances of property damage or injury, significant changes in operation, market factors,
publicity conducted, needs for publiclty. Include description of processed material loads
rejected for sale, reason for rejection and disposition of load after rejection.
18.05.5 Customer Base Data. CONTRACTOR shall provide, customer
base data consisting of the number of SFD Service Units billed for additional services
above the minimum service billed by the City, and the number of MFD and Commercial
Service Units billed, sorted by service type, container size, number of containers and
frequency of Collection.
18.05.6 Soecial Events. Summary of each special event activity, (CITY
sponsored or drop-off) including; the name and date of the event, the Tonnage
Collected, diverted and disposed by material type, and other services provided.
CONTRACTOR shall also provide information regarding the logistics of the event and
suggestions for improving future events.
18.05.7 Summarv of Historical and Prooosed Activities. CONTRACTOR
shall provide a narrative of activities undertaken during the quarter and those planned or
proposed for the upcoming quarter.
18.06 Annual Reoorts. The annual report to the CITY shall include:
18.06.1 Quarterlv Data. All quarterly reports in Sections 18.05.1 through
18.05.7 summarized by quarter and averaged for the year. For all annual reports
,.;..~~~~
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beginning with the report for the second (2nd) Agreement Year, the CONTRACTOR shall
include a historical comparison of the last Agreement Year and the average of all
Agreement Years.
18.06.2 Recvclina Data. Indicate, by material type (and grade where
appropriate), the monthly totals of Recyclable Materials processed and sold including
facility name and location, average price received per ton and total recycling revenue
received. Indicate any quantities, by material type, donated or otherwise disbursed
without compensation. Indicate number of Recycling Bins and Carts distributed by size
and Service Unit type. Also provide the total and location for residue Disposed.
18.06.2.1 Used Oil Prooram. CONTRACTOR shall provide
detailed financial data regarding the cost of providing Used Oil Collection Service. To
the extent practical segregate the program costs between the SFD and MFD programs.
Financial data should include but not be limited to costs in the following four categories,
administration, collection, transportation and disposal.
18.06.3 Oraanic Waste. Indicate the monthly totals of Organic Waste
processed and sold including facility name and location, average price received per ton
and total Organic Waste revenue received. Indicate total tons provided to CITY, to CITY
residents or otherwise disbursed without compensation. Indicate number of Organic
Waste Bins and Carts distributed by size and Service Unit type. Indicate number of
"kitchen pails" and commercial indoor organic containers distributed. Also provide the
total and location for residue Disposed.
18.06.4 Soecial Events. Provide a summary of each special event
activity, (CITY sponsored or drop-off) including; the name and date of the event, the
Tonnage Collected, diverted and disposed by material type. and other services provided.
CONTRACTOR shall also provide information regarding the logistics of the event and
suggestions for improving future events. For all annual reports beginning wtth the report
for the second (2nd) Agreement Year, the CONTRACTOR shall include a historical
comparison of the last Agreement Year and the average of all Agreement Years.
18.06.5 Summary of Historical and Prooosed Activities. CONTRACTOR
shall provide a narrative of activities undertaken during the year and those planned or
proposed for the upcoming year. CONTRACTOR shall provide information describing if
the activity was undertaken in the previous Agreement Year or not and if not why it was
added. For those activities that are not being continued, CONTRACTOR shall describe
the reason the activity has been discontinued and the activity that is replacing it.
18.07 Additional Reoortina. The CONTRACTOR shall furnish the CITY with any
additional reports as may reasonably be required, such reports to be prepared within a
reasonable time following the reporting period.
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ARTICLE 19. Nondiscrimination
19.01 Nondiscrimination. In the performance of all work and services under this
Agreement, CONTRACTOR shall not discriminate against any person on the basis of
such person's race. sex, color, national origin, religion, marital status or sexual
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orientation. CONTRACTOR shall comply with all applicable local, state and federal laws
and regulations regarding nondiscrimination, including those prohibiting discrimination in
employment.
1964 ARTICLE 20. Worker Retention
1965 20.01 Worker Retention. CONTRACTOR acknowledges that when Collection
1966 Services are transferred to CONTRACTOR, workers who perform services for CITY'S
1967 current contractor will be displaced from their employment. CONTRACTOR shall make a
1968 good faith effort in accordance with the terms of it's agreement with Teamsters Local 70
1969 to offer employment to all qualified displaced workers.. However, CONTRACTOR shall
1970 not be required to create additional positions that CONTRACTOR does not need,
1971 displace any of its current employees, or modify its employee selection requirements.
1972 ARTICLE 21. Service Inquiries and Complaints
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21.01 CONTRACTOR'S Customer Service. All service inquiries and complaints
shall be directed to the CONTRACTOR. A representative of the CONTRACTOR shall be
available to receive the complaints during normal business hours. All service
complaints will be handled by the CONTRACTOR in a prompt and efficient manner. In
the case of a dispute between the CONTRACTOR and a Service Recipient, the matter
will be reviewed and a decision made by the City Representative.
21.01.1 The CONTRACTOR will utilize the Customer Service Log to
maintain a record of all inquiries and complaints in a manner prescribed by the CITY.
21.01.2 For those complaints related to missed Collections that are
received by 3:00 p.m. on a Work Day, the CONTRACTOR will return to the Service Unit
address and Collect the missed materials before leaving the Service Area for the day.
For those complaints related to missed Collections that are received after 3:00 p.m. on a
Work Day, the CONTRACTOR shall have until the end of the following Work Day to
resolve the complaint. For those complaints related to repair or replacement of carts or
bins, the appropriate Sections of this Agreement shall apply
21.01.3 CONTRACTOR agrees that it is in the best interest of the CITY
that all Solid Waste and Recyclable Materials be Collected on the scheduled Collection
day. Accordingly, missed Collections will normally be Collected as set forth above
regardless of the reason that the Collection was missed. However, in the event a
Service Recipient requests missed Collection service more than two (2) times in any
consecutive two (2) month period the City RepresentatIve will work with the
CONTRACTOR to determine an appropriate resolution to that situation. In the event the
CONTRACTOR believes any complaint to be without merit, CONTRACTOR shall notify
the City Representative, either by Fax or e-mail. The City Representatiye will investigate
all disputed complaints and render a decision.
~
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Collection Service Agreement
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ARTICLE 22. Quality of Performance of Contractor
22.01 Intent. CONTRACTOR acknowledges and agrees that one of CITY'S
primary goals in entering into this Agreement is to ensure that the Collection Services
are of the highest caliber, that Service Recipient satisfaction remains at the highest level.
that maximum diyersion levels are achieved, and that materials Collected are put to the
highest and best use to the extent feasible.
22.02 Service Suoervisor. CONTRACTOR has named John Repetto as the
supervisor to be in charge of the Collection ServIce within the Service Area. At least
thirty (30) calendar days prior to replacing Mr. Repetto, CONTRACTOR shall notify CITY
in writing of the name and qualifications of the new Service Supervisor. CONTRACTOR
shall insure that such replacement is an indiVidual with like qualifications and
experience. The supervisor shall be physically located in the Service Area and
available to the City Representative through the use of telecommunication equipment at
all times that CONTRACTOR is providing Collection Services. In the event the
supervisor is unavailable due to illness or vacation, CONTRACTOR shall designate an
acceptable substitute who shall be available and who has the authority to act in the
same capacity as the supervisor. The service supervisor shall provide the CITY with an
emergency phone number where the supervisor can be reached outside of normal
business hours.
22.03 liquidated Damaoes. The parties further acknowledge that consistent
and reliable Collection Service is of utmost importance to CITY and that CITY has
considered and relied on CONTRACTOR'S representations as to its quality of service
commitment in awarding the Agreement to it. The parties further recognize that some
quantified standards of perlormance are necessary and appropriate to ensure consistent
and reliable service and performance. The parties further recognize that if
CONTRACTOR fails to achieve the periormance standards, or fails to submit required
documents in a timely manner, CITY, and City's residents and businesses will suffer
damages and that it is and will be impractical and extremely difficult to ascertain and
determine the exact amount of damages. Therefore. without prejudice to CITY'S right to
treat such non-performance as an event of default under Article 26, the parties agree
that the liquidated damages amount defined in this Section represent reasonable
estimates of the amount of such damages considering all of the circumstances existing
on the effective date of this Agreement, including the relationship of the sums to the
range of harm to CITY, customers and the community as a whole that reasonably could
be anticipated and the anticjpation that proof of actual damages would be costly or
impractical. In placing their initials at the places provided, each party specifIcally
confirms the accuracy of the statements made above and the fact that each party has
had ample opportunity to consult with legal council and obtain an explanation of the
liquidated damage provisions at the ~ime that the Agreement wa7r~de.
CITY Initial He~ONTRACTOR Initial Here~
22.03.1 CONTRACTOR agrees to pay (as liquidated damages and not as
penalty) the following amounts:
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a.
Failure or neglect to resolve each complaint within the
time set forth in this A reement.
Failure to clean up spillage or litter caused by
CONTRACTOR
b.
Failure to repair damage to customer property caused
b CONTRACTOR or its ersonnel.
d. Failure to maintaIn equipment in a clean, safe. and
sanitar manner.
c.
e. Failure to have a yehicle operator properly licensed.
$100.00 per incident
er Service Reci ient
$300.00 per incident
er location.
$500.00 per incident
r location.
f. Failure to maintain office hours as required by this
A reement.
g. Failure to maintain or timely submit to CITY all
documents and reports required under the provisions
of this reement.
h. Failure to properly cover materials in Collection $500.00 per incident.
vehicles.
.
i.
Failure to display CONTRACTOR'S name and
customer service phone number on Collection
vehicles.
j.
k. Failure or neglect to complete at least ninety percent
(90%) of each route on the regular scheduled
Collection Service Work Da .
I. Changing routes without proper notification to the City
Re resentative.
m.
Commin Un Solid Waste with Rec clable Materials.
Commingling of materials Collected inside and outside
the Cit of Dublin.
n.
o.
p.
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(~
$100.00 per incident
per day.
$1,000.00 for each
route not completed.
$1,000.00 er incident.
$1,000.00 per incident.
Page 55
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q- Failure to provIde adequate primary and alternate $1,000.00 per day.
capacity to accept and process Recyclable Materials
or Or anic Waste.
r. Failure to have CONTRACTOR personnel in proper
uniform.
s. Disposal of Recyclable Materials or Organic Waste in $1,000.00 per load
the Disposal Facility without first obtaining the required
permission of the CITY.
1. Failure to provide required communications
e ui ment.
u. Failure to deliver any Collected materials to the CITY $5,000 first failure
approved Disposal Facility, Materials Recovery $25,000 each
Facility, or Organic Waste Processing Facility, as subsequent failure
appropriate, except as otherwise expressly provided in
this A reement.
v. Delivery to the Disposal Facility of any Solid Waste $5,000 first delivery .
Collected outside of the City boundaries of Dublin $25,000 each
commingled with that Collected as part of this subsequent deliyery
A reement.
w. Failure to meet the minimum diversion requirements of Shortfall of 0.001 % -
this Agreement (calculated per Agreement Year). 2%: $10,000.
Shortfall of 2.001 % or
reater: $25,000
x. Failure to meet vehicle noise requirements. $100.00 per incident
r da .
2040 22.04 Procedure for Review of Liauidated DamaQes_ The City Representative
2041 may assess liquidated damages pursuant to this Article 22 on a monthly basis. At the
2042 end of each month during the term of this Agreement, the City Representative shall
2043 issue a written notice to CONTRACTOR ("Notice of Assessment") of the liquidated
2044 damages assessed and the basis for each assessment.
2045 22.04.1 The assessment shall become final unless, within ten (10)
2046 calendar days of the date of the notice of assessment, CONTRACTOR provides a
2047 written request for a meeting with the City Manager to present evidence that the
2048 assessment Should not be made.
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Collection Service Agreement
22.04.2 The City Representative shall schedule a meeting between
CONTRACTOR and the City Manager or the Manager's designee as soon as
reasonably possible after timely receipt of CONTRACTOR'S request.
22.04.3 The Manager or the Manager's designee shall review
CONTRACTOR'S evidence and render a decision sustaining or reversing the liquidated
damages as soon as reasonably possible after the meeting, Written notice of the
decision shall be provided to CONTRACTOR.
22.04_4 In the event CONTRACTOR does not submit a written request for
a meeting within ten (10) calendar days of the date of the Notice of Assessment, the City
Representative's determination shall be final and CONTRACTOR shall submit payment
to CITY no later than that tenth (10th) day. Or at the sole option of CITY, if monies are
owed to CONTRACTOR, CITY may deduct the liquidated damages from amounts
otherwise due to CONTRACTOR.
22.04.5 CITY'S assessment or collection of liquidated damages shall not
prevent CITY from exercising any other right or remedy, including the rjght to terminate
this Agreement, for CONTRACTOR'S failure to perform the work and selVices in the
manner set forth in this Agreement.
ARTICLE 23. Performance Bond
23.01 Performance Bond. Within ten (10) calendar days from the date of the
execution of this Agreement, the CONTRACTOR shall furnish to the CITY, and keep
current, a performance bond in a form as set forth in Exhibit 4 which is included in and
attached to this Agreement. for the faithful performance of this Agreement and all
obligations arising hereunder in an amount of one million dollars ($1,000,000).
23.01.1 The performance bond shall be executed by a surety company
licensed to do business in the State of California; having an "A_Ii or better rating by A. M.
Best or Standard and poors; and included on the list of surety companies approved by
the Treasurer of the United States.
23.02 Letter of Credit. As an alternative to the perfonnance bond required by
this Section 23.01, at CITY'S option, CONTRACTOR may deposit with CITY an
irrevocable letter of credit in an amount as set forth in Section 23.01. If allowed, the
letter of credit must be issued by an FDIC insured banking institution chartered to
business in the state of CalifornIa, in the CITY'S name, and be callable at the discretion
of the CITY. Nothing in this Section shall, in any way, obligate the CITY to accept a letter
of credit in lieu of the performance bond.
ARTICLE 24. Insurance
24.01 Insurance Policies. CONTRACTOR shall secure and maintain throughout
the term of this Agreement insurance against claims for injuries to persons or damages
to property which may arise from or in connection with CONTRACTOR'S performance of
work or selVices under this Agreement. CONTRACTOR'S performance of work or
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services shall include performance by CONTRACTOR'S employees, agents,
representatives and subcontractors.
24.01.1 Minimum Scope of Insurance. Insurance coverage shall be at
least this broad:
24.01.1.1 Insurance Services Office Form No. GL 0002 (Ed. 1/96)
or, if approved by CITY, its equivalent, coyering Comprehensive General Liability and
Insurance Services Office Form No. GL 0404 covering Broad Form Comprehensive
General Liability; or Insurance Services Office Commercial General Liability coverage
("occurrence" form CG 0001), including X, C, U where applicable.
24.01.1.2 Insurance Services Office Form No.CA 0001 (Ed.
12/93) covering Automobile Liability, code 1 "any auto", or code 2 "owned autos" and
endorsement CA 0025. Coverage shall also include code 8, "hired autos" and code 9
"non-owned autos".
24.01.2 Workers' Compensation insurance as required by the California
Labor Code and Employers Liability Insurance.
24.01.3 Hazardous Waste and Environmental Impairment Liability
Insurance.
24.0:2 Minimum Limits of Insurance. CONTRACTOR shall maintain insurance
limits no less than:
24.02.1 Comprehensive General Liability: $3,000,000 combined single
limit per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance with a general aggregate limit is used, either the
general aggregate limit Shall apply separately to this Agreement or the general
aggregate limit shall be $5,000,000.
24.02.2 Automobile Liability: $3,000,000 combined single limit per
accident for bodily injury and property damage.
24.02.3 Workers' Compensation and Employers Liability: Workers'
Compensation limits as required by the California Labor Code and Employers Liability
limits of $3,000,000 per accident.
24.02.4 Hazardous Waste and Environmental Impairment Liability:
$3,000,000 per occurrence.
24.03 Deductibles and Self-Insured Retention. Ivly deductibles or self-insured
retention must be declared to, and approved by, CITY'S Risk Manager.
24.04 Endorsements. The policies are to contain, or be endorsed to contain,
the following proyisions:
24.04.1 General Liability and Automobile Liability Coverage.
24.04.1.1 The CITY, its officers, employees, agents and
contractors are to be covered as additional insureds as respects: Liability arising out of
activities performed by, or on behalf of, CONTRACTOR; products and completed
.
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Collection Service Agreement
operations of CONTRACTOR; premises owned, leased or used by CONTRACTOR; and
automobiles owned, leased, hired or borrowed by CONTRACTOR. The coverage shall
contain no special limitations on the scope of protection afforded to CITY, its officers,
employees, agents and contractors.
24.04.1.2 CONTRACTOR'S Insurance coverage shall be primary
insurance as respects CITY, its officers, employees, agents and contractors. Any
insurance, or self-insurance maintained by CITY, its officers, employees, agents or
contractors shall be in excess of CONTRACTOR'S insurance and shall not contribute
with it.
24.04.1.3 Any failure to comply with reporting provisions of the
policies shall not affect CONTRACTOR'S obligations to CITY, its officers, employees,
agents, or contractors.
24,04.1.4 Coverage shall state that CONTRACTOR'S insurance
shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
24.04.2 All CoveraQe. Each insurance policy required by this Agreement
shall be endorsed to state that coverage shall not be suspended, voided, canceled, or
reduced in limits except after thirty (30) calendar days prior written notice has been given
to CITY.
24.05 Acceotabilitv of Insurers. Insurance is to be placed. with insurers
acceptable to CITY'S Risk Manager.
24.06 Verification of Coveraoe. CONTRACTOR shall furnish CITY with
certificates of insurance and with copies of endorsements affecting coverage required by
this Agreement. The certificates and endorsement for each insurance policy are to be
signed by a person authorized by that insurer to bind 'coverage on its behalf.
CONTRACTOR shall furnish CITY with a new certificate of insurance and endorsements
on each renewal of coverage or change of insurers_
24.06.1 Proof of insurance shall be mailed to the following address or any
subsequent address as may be directed in writing by the CITY'S Risk Manager:
CITY OF DUBLIN
Risk Management
100 Civic Plaza
Dublin, CA 94568
24.07 Subcontractors. CONTRACTOR shall include all subcontractors as
insureds under its policies or shall obtain separate certificates and endorsements for
each subcontractor.
24.08 Modification of Insurance Reauirements. The insurance requirements
provided in this Agreement may be modified or waived by CITY'S Risk Manager, in
writing, upon the request of CONTRACTOR if the CITY'S Risk Manager determines
such modification or waiver is in the best interest of CITY considering all relevant factors,
inCluding exposure to CITY.
I'~. JU~.~~;~
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24.09 Riohts of Subroaation. All required insurance policies shall preclude any
underwriter's rights of recovery or subrogation against CITY with the express intention of
the parties being that the required insurance coverage protects both parties as the
primary coverage for any and all losses covered by the above-described insurance.
CONTRACTOR shall ensure that any companies issuing insurance to cover the
requirements contained in this Agreement agree that they shall have no recourse
against CITY for payment or assessments in any form on any poliCY of insurance. The
clauses 'Other Insurance Provisions' and 'Insured Duties in the Event of an Occurrence,
Claim or Suit' as it appears in any policy of insurance in which CITY is named as an
additional insured shall not apply to CITY.
ARTICLE 25. Indemnification
25.01 Indemnification. CONTRACTOR shall indemnify and hold harmless
CITY, CITY'S contractors, and the public officials, officers, directors, employees, agents
and other contractors of each of them, from and against any and all claims, costs, losses
and damages (including but not limited to all fees and charges of engineers, architects,
attorneys and other professionals as wen as all Court or other dispute resolution costs),
liabilities, expenditures or causes of action of any kind (including negligent, reckless,
willful or intentional acts or omissions of the CONTRACTOR. any subcontractor, any
supplier, any person or organization directly or indirectly employed by any of them to
perform or furnish any services or anyone for whose acts any of them may be liable),
arising from, relative to or caused by the pelformance of the services. This indemnity
includes but is not limited to claims attributable to bodily injury, personal injury, sickness,
disease or death and to injury or destruction of property. CONTRACTOR agrees, at
CONTRACTOR'S expense, after written notice from the CITY, to defend any action
against the CITY that falls within the scope of this indemnity, or the CITY, at the CITY'S
option, may elect not to tender such defense and may elect instead to secure its own
attorneys to defend any such action and the reasonable costs and expenses of such
attorneys incurred in defending such action shall be payable by CONTRACTOR.
Additionally, if CONTRACTOR, after recejpt of written notice from the CITY, farls to
make any payment due under this Agreement to the CITY, CONTRACTOR shall pay
any reasonable attomeys' fees or costs incurred by the CITY in securing any such
payment from CONTRACTOR. Payment of any amount due pursuant to the foregoing
indemnity shall, after receipt of written notice by CONTRACTOR from the CITY that such
amount is due, be made by CONTRACTOR prior to the CITY being required to pay
same, or in the alternative, the CITY, at the CITY'S option, may make payment of an
amount so due and CONTRACTOR shall promptly reimburse the CITY for same,
together with interest thereon at the rate of 12% per annum simple interest from the date
of receipt by CONTRACTOR of written notice from the CITY that such payment is due.
25.02 CONTRACTOR agrees to protect and defend CITY with counsel selected
by CONTRACTOR and approved by CITY, to pay all attorneys' fees, and to indemnify
and hold CITY harmless from and against all fines or penalties imposed by the California
Integrated Waste Management Board if the diversion goals specified in California Public
Resources Code Section 41780 as of the date hereof and hereafter throughout are not
.
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met by the CITY with respect to the Materials Collected by CONTRACTOR and if the
lack in meeting such goals are attributable to the failure of the CONTRACTOR to
implement and operate the recycling or diversion programs or undertake the related
activities required by this Agreement.
25.03 Consideration. It is specifically understood and agreed that the
consideration inuring to the CONTRACTOR for the execution of this Agreement
consists of the promises, payments, covenants, rights and responsibilities contained in
this Agreement.
25.04 Obligation. The execution of this Agreement by the CONTRACTOR shall
obligate the CONTRACTOR to comply with the foregoing indemnification provision;
howeyer, the collateral obligation of providing insurance must also be complied with as
set forth in Article 24 aboye.
25.05 Subcontractors. The CONTRACTOR shall require all subcontractors to
enter into an Agreement containing the provisions set forth in the preceding subsection
in which Agreement the subcontractor fully indemnifies the CITY in accordance with this
Agreement.
25.06 Exception. Notwithstanding Sections 25.01, 25.02 and 25_03,
CONTRACTOR'S obligation to indemnify, hold harmless and defend CITY, its officers
and employees shall not extend to any loss, liability, penalty, plain, damage, action or
suit arising or resulting from acts or omissions constituting willful misconduct or sole
negligence on the part of the CITY its offjcers or employees.
25.07 Damaae bv CONTRACTOR. If CONTRACTOR.S employees or
subcontractors cause any injury, damage or loss to CITY property, including but not
limited to CITY streets or curbs, CONTRACTOR shall reimburse CITY for CITY'S cost of
repairing such injury, damage or loss. Such reimbursement is not in derogation of any
right of CITY to be indemnjfied by CONTRACTOR for any such injury, damage or loss.
With the prior written approval of CITY, CONTRACTOR may repair the damage at
CONTRACTORS sole cost and expense.
2239 ARTICLE 26. Default of Contract
2240 26.01 Termination. The CITY may cancel this Agreement, except as otherwise
2241 provided below in this Section, by giving the CONTRACTOR thirty (30) calendar days
2242 advance written notice, to be served as provided in Article 42, upon the happening of
2243 anyone of the following events:
2244 26.01.1 The CONTRACTOR shall take the benefit of any present or future
2245 insolvency statute, or shall make a general assignment for the benefit of creditors, or file
2246 a voluntary petition in bankruptcy (court) or a petition or answer seeking an arrangement
2247 for its reorganization or the readjustment of its indebtedness under the Federal
2248 bankruptcy laws or under any other law or statute of the United States or any state
2249 thereof, or consent to the appointment of a receiver, trustee or liquidator of all or
2250 substantially all of its property; or
.
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26.01.2 By order or decree of a Court, the CONTRACTOR shall be
adjudged bankrupt or an order shall be made approving a petition filed by .any of its
creditors or by any of the stockholders of the CONTRACTOR, seeking its reorganization
or the readjustment of its indebtedness under the Federal bankruptcy laws or under any
law or statute of the United States or of any state thereof, provided that if any such
judgment or order is stayed or vacated within sixty (60) calendar days after the entry
thereof, any notice of default shall be and become null, void and of no effect unless
such stayed judgment or order is reinstated in which case, said default shall be deemed
immediate; or
26.01.2.1 By, or pursuant to, or under the authority of any
legislative act, resolution or rule or any order or decree of any Court or governmental
board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take
possession or control of all or substantially all of the property of the CONTRACTOR, and
such possession or control shall continue in effect for a period of sixty (60) calendar
days; or
26.01.3 The CONTRACTOR has defaulted, by failing or refusing to pay in
a timely manner the liquidated damages or other monies due the CITY and said default
is not cured within thirty (30) calendar days of receipt of written notice by CITY to do so;
or
26.01.4 The CONTRACTOR has defaulted by allowing any final judgment
for the payment of money to stand against it unsatisfied and said default is not cured
within thirty (30) calendar days of receipt of written notice by CITY to do so; or
26.01.5In the event that the monies due the CITY under Section 26.01.3
above or an unsatisfied final judgment under Section 26.01 A above is the subject of a
judicial proceedjng, the CONTRACTOR shall not be in default if the sum of money is
bonded. All bonds shall be in the form acceptable to the CITY Attorney; or
26.01.6 The CONTRACTOR has defaulted, by failing or refusing to
perform or observe the terms, conditions or covenants in this Agreement, including
satisfactory conformance with the service levels prescribed herein, or any of the rules
and regulations promulgated by the CITY pursuant thereto or has wrongfully failed or
refused to comply with the instructions of the City Representative relative thereto;
provided that said default is not cured within thirty (30) calendar days of receipt of written
notice by the CITY to do so, or if by reason of the nature of such default, the same
cannot be remedied within thirty (30) calendar days follOwing receipt by the
CONTRACTOR of written demand from the CITY to do so, the CONTRACTOR fails to
commence the remedy of such default within said thirty (30) calendar days fOllowing
such written notice or having so commenced shall fail thereafter to continue with
diligence the curing thereof. In any dispute concerning failure to remedy or diligence in
pursuing a cure, the CONTRACTOR shall have the burden of proof to demonstrate
(a)that the default cannot be cured within thirty (30) calendar days, and (b)that it is
proceeding with diligence to cure said default, and such default will be cured within a
reasonable period of time. However, notwithstanding anything contained herein to the
contrary, for the failure of the CONTRACTOR to provide Collection Services for a period
.
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Collection Service Agreement
of three (3) consecutive Work Days, on the fourth (411\) Work Day the CITY may secure
the CONTRACTOR'S land, equipment, records and other property used or useful in
proYiding Collection Services under this Agreement in order to provide interim Collection
Services until such time as the matter is resolved and the CONTRACTOR is again able
to perform pursuant to this Agreement; provided, however, if the CONTRACTOR is
unable for any reason or cause to resume performance at the end of thirty (30) calendar
days all liability of the CITY under this Agreement to the CONTRACTOR shall cease and
this Agreement may be deemed tellTlinated by the CITY
26.02 Violations. Notwithstanding the foregoing and as supplemental and
additional means of termination of this Agreement under this Article, in the event that the
CONTRACTOR'S record of performance show that the CONTRACTOR has frequently,
regularly or repetitively defaulted in the performance of any of the covenants and
conditions required herein to be kept and performed by the CONTRACTOR, in the
opinion of the CITY and regardless of whether the CONTRACTOR has corrected each
individual condition of default, the CONTRACTOR shall be deemed a "habitual violator",
shall be deemed to have waived the right to any further notice or grace period to correct,
and all of said defaults shall be considered cumulative and collectively shall constitute a
condition of irredeemable default. The CITY shall thereupon issue the CONTRACTOR a
final warning citing the circumstances therefore, and any single default by the
CONTRACTOR of whatever nature, subsequent to the occurrence of the last of said
cumulative defaults, shall be grounds for immediate termination of the Agreement. A
history of liquidated damages imposed pursuant to Article 22 may be used as a basis for
deeming the CONTRACTOR to be a habitual violator; however, any failure to have
imposed liquidated damages where applicable shall not prevent use of the
CONTRACTOR's underlying failures from consideration for determining a habitual
violator. In the event of any such subsequent default, the CITY may terminate this
Agreement upon giving of written final notice to the CONTRACTOR, such cancellation to
be effective upon the date specified in the CITY1S written notice to the CONTRACTOR,
and all contractual fees due hereunder plus any and all charges and interest shall be
payable to said date, and the CONTRACTOR shall have no further rights hereunder.
Immediately upon the specified date in such final notice the CONTRACTOR shall
proceed to cease any further performance under this Agreement.
26.03 Effective Date. In the event of the aforesaid events specified above, and
except as otherwise provided in said subsections, termination shall be effective upon the
date specified in the CITY'S written notice to the CONTRACTOR and upon said date this
Agreement shall be deemed immediately terminated and upon such termination all
liability of the CITY under this Agreement to the CONTRACTOR shall cease, and the
CITY shall have the right to call the performance bond and shall be free to negotiate with
other contractors for the operation of the herein specified services. The CONTRACTOR
for failure to perform shall reimburse the CITY all direct and indirect costs of providing
interim Collection Services.
. 26.04 Immediate Termination. CITY may terminate this Agreement
immediately upon written notice to CONTRACTOR in the event CONTRACTOR fails to
provide and maintain the perfonnance bond as required by this Agreement,
CONTRACTOR fails to obtain or maintain insurance policies endorsements as required
.
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Collection Service Agreement
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by this Agreement, CONTRACTOR fails to provide the proof of insurance as required by
this Agreement, or CONTRACTOR offers or gives any gift prohibited by CITY
administrative policy.
26.05 Termination Cumulative. CITY'S right to terminate this Agreement is
cumulative to any other rights and remedies provided by law or by this Agreement.
ARTICLE 27. Modifications to the Agreement
27.01 Aareement Modifications and Changes in Law. The CITY and the
CONTRACTOR understand and agree that the California Legislature has the authority to
make comprehensive changes in Solid Waste Management legislation and that these
and other changes in law in the future which mandate certain actions or programs for
counties or municipalities may require changes or modifications in some of the terms,
conditions or obligations under this Agreement. The CONTRACTOR agrees that the
terms and provisions of the City of Dublin Municipal Code, as it now eXIsts or as it may
be amended in the future, shall apply to all of the provisions of this Agreement and the
Service Recipients of the CONTRACTOR located within the Service Area. In the event
any future change in law, modifications to the Municipal Code, or directed changes by
the CITY materially alters the obligations of the CONTRACTOR, then the affected
compensation as established under this Agreement shall be adjusted. Nothing
contained in this Agreement shall require any party to perform any act or function
contrary to law. The CITY and CONTRACTOR agree to enter into good faith
negotiations regarding modifications to this Agreement which may be required in order to
implement changes in the interest of the public welfare or due to change in law. When
such modifications are made to this Agreement, the CITY and the CONTRACTOR shall
negotiate in good faith, a reasonable and appropriate compensation adjustment for any
increase or decrease in the services or other obligations required of the CONTRACTOR
due to any modification in the Agreement under this Article. The CITY and the
CONTRACTOR shall not unreasonably withhold agreement to such compensation
adjustment.
27.02 City-Directed Chanoes. CITY may direct CONTRACTOR to perform
additional services (including new diversion programs, additional public education
activities, etc.), eliminate programs. or modify the manner in which it performs existing
services. Changes in the minimum diversion requirement set forth in Article 6 of this
Agreement, direction of Residential Waste, Commercial Waste, City Waste or.
Recyclable Materials to a disposal or processing other than that selected by the
CONTRACTOR, pilot programs and innovative services, which may entail new
Collection methods, targeted routing, different kinds of services, different types of
Collection vehicles, and/or new requirements for Servjce Recipients are included among
the kinds of changes which CITY may direct. CONTRACTOR shall be entitled to an
adjustment in its compensation for providing such additional or modified services but not
for the preparation of its proposal to perform such services.
27.03 Service Proposal. Within thirty (30) calendar days of receipt of a request
for a service change from the CITY, CONTRACTOR Shall submit a proposal to provide
.
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Collection Service Agreement
such service. At a minimum, the proposal shall contain a complete description of the
following:
27.03.1 Collection methodology to be employed (equipment, manpower,
etc.).
27.03.2 Equipment to be utilized (vehicle number, types, capacity, age,
etc.).
27.03.3 Labor requirements (number of employees by classification).
27.03.4 Type of carts or bins to be utilized.
27.03.5 Provision for program publicity, education, and marketing.
27.03.6 Five (5) year projection of the financial results of the program's
operations in an operating statement format including documentation of the key
assumptions underlying the projections and the support for those assumptions, giving
full effect to the savings or costs to existing services.
27.04 CONTRACTOR acknowledges and agrees that CITY may permit other
contractors or companies besides CONTRACTOR to provide additional Collection
Services and such other services not otherwise contemplated if CONTRACTOR and
CITY cannot agree on terms and conditions, including compensation adjustments, of
such services in one hundred twenty (120) calendar days from the date when CITY first
requests a proposal from CONTRACTOR to perform such services.
27.05 Monitoring and Evaluation. If the CITY requests, the CONTRACTOR shall
meet with the CITY to describe the progress of each new program and other service
issues- If applicable, CONTRACTOR shall document the results of the new programs on
a monthly basis, including at a minimum the tonnage diverted by material type, the end
use or processor of the diverted materials and the cost per Ton for transporting and
processing each type of material and other such infonnation requested by the
CONTRACTOR and/or CITY necessary to evaluate the performance of each program.
27.05.1 At eact1 meeting, the CITY and CONTRACTOR shall have the
opportunity to discuss revisions to the program. The CITY shall have the right to
terminate a program if, in its sole discretion, the CONTRACTOR is not cost effectively
achieving the program's goals and objectiyes. Prior to such termination, the CITY shall
meet and confer with the CONTRACTOR for a period of up to ninety (90) calendar days
to resolve the CITY'S concerns. Thereafter, the CITY may utilize a third party to perform
these services if the CITY reasonably believes the third party can improve on
CONTRACTOR'S performance and/or cost. Notwithstanding these changes,
CONTRACTOR shall continue the program during the ninety (90) day period and,
thereafter, until the third party takes oyer the program.
ARTICLE 28. Legal Representation
28.01 Acknowledaement. It is acknowledged that each party was, or had the
opportunity to be, represented by counsel in the preparation of and contributed equally
to the terms and conditions of this Agreement and, accordingly, the rule that a contract
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Page 65
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or Agreement shall be interpreted strictly against the party preparing the same shall not
apply herein due to the joint contributions of both parties.
2423 ARTICLE 29. Financial Interest
2424 29.01 Reoresentation. CONTRACTOR warrants and represents that no elected
2425 official, officer, agent or employee of the CITY has a financial interest, directly or
2426 indirectly. in this Agreement the compensation to be paid under it and, further, that no
2427 CITY employee who acts in the CITY as a "purchasing agent" as defined in the
2428 appropriate Section of California statutes, nor any elected or appointed officer of the
2429 CITY; nor any spouse or child of such purchasing agent, employee or elected or
2430 appointed officer, is a partner, officer, director or proprietor of the CONTRACTOR and,
2431 further, that no such CITY employee, purchasing agent. CITY elected or appointed
2432 officer, or the spouse or child of any of them, alone or in combination, has a material
2433 interest in the CONTRACTOR. Material interest means direct or indirect ownership of
2434 more than five percent (5%) of the total assets or capital stock of the CONTRACTOR.
2435 ARTICLE 30. Contractor's Personnel
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30.01 Personnel Requirements. The CONTRACTOR shall employ and assign
qualified personnel to perform all services set forth herein. The CONTRACTOR shall be
responsible for ensuring that its employees comply with all applicable laws and
regulations and meet all federal, state and local requirements related to their
employment and position.
30.01.1 The CITY may request the transfer of any employee of the
CONTRACTOR who materially violates any provision hereof, or who is wanton,
negligent, or discourteous in the performance of his duties.
30.01.2 CONTRACTOR'S field operations personnel shall be required to
wear a clean uniform shirt bearing the CONTRACTOR'S name. CONTRACTOR'S
employees, who normally come into direct contact with the public, including drivers, shall
bear some means of indivjdual photographic identification such as a name tag or
identification card.
30.01.3 ~ach driver of a Collection vehicle Shall at all times carry a valid
California driver's license and all other required licenses for the type of vehicle that is
being operated.
30.01.4 Each driver of a Collection yehicle Shall at all times comply with
all applicable state and federal laws, regulations and requirements.
30.01.5 CONTRACTOR'S employees, officers. and agents shall at no
time be allowed to identify themselves or in any way represent themselves as being
employees of the CITY
30.01.6 The CONTRACTOR'S name and the Customer Service
telephone number shall be properly displayed on all Collection vehicles.
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Page 66 City of Dublin
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ARTICLE 31. Exempt Waste
2460 31.01 The CONTRACTOR shall not be required to Collect or dispose of Exempt
2461 Waste, but may offer such services. All such Collection and disposal of Exempt Waste is
2462 not regulated under this Agreement, but if provided by the CONTRACTOR shall be in
2463 strict compliance with all federal, state and local laws and regulations.
2464 ARTICLE 32. Independent Contractor
2465 32.01 In the performance of services pursuant to this Agreement,
2466 CONTRACTOR shall be an independent contractor and not an officer, agent, servant or
2467 employee of CITY CONTRACTOR shall haye exclusive control of the details of the
2468 services and work performed and over all persons performing such services and work.
2469 CONTRACTOR shall be solely responsible for the acts and omissions of its officers,
2470 agents, employees, contractors and subcontractors, if any. Neither CONTRACTOR nor
2471 its officers, employees, agents. contractors or subcontractors shall obtain any right to
2472 retirement benefits, Workers Compensation benefits, or any other benefits which
2473 accrued to CITY employees and CONTRACTOR expressly waives any claim it may
2474 have or acquire to such benefits.
2475 ARTICLE 33. Laws to Govern
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2477
2478
33.01 The law of the State of California shall govern the rights, obligations,
duties and liabilities of CITY and CONTRACTOR under this Agreement and shall govern
the interpretation of this Agreement.
2479 ARTICLE 34. Consent to Jurisdiction
2480 34.01 The parties agree that any litigation between CITY and CONTRACTOR
2481 conceming or arising out of this Agreement shall be filed and maintained exclusively in
2482 the Municipal or Superior Courts of Alameda County, state of California, or in the United
2483 States District Court for the Northern District of California to the fullest extent permissible
2484 by law. Each party consents to service of process in any manner authorized by
2485 California law.
2486 ARTICLE 35. Assignment
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35.01 No assignment of this Agreement or any right occurring under this
Agreement shall be made in whole or in part by the CONTRACTOR without the express
written consent of the CITY. The CITY shall have full discretion to approve or deny, with
or without cause, any proposed or actual assignment by the CONTRACTOR. Any
assignment of this Agreement made by the CONTRACTOR without the express written
consent of the CITY shall be null and void and shall be grounds for the CITY to declare a
default of this Agreement and immediately terminate this Agreement by giving written
notice to the CONTRACTOR, and upon the date of such notice this Agreement shall be
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deemed immediately terminated, and upon such termination all liability of the CITY
under this Agreement to. the CONTRACTOR shall cease, and the CITY shall have the
right to call the performance bond and shan be free to negotiate with other contractors,
the CONTRACTOR, or any other person or company far the service which is the subject
of this Agreement. In the event of any assignment, the assignee shall fully assume all
the liabilities of the CONTRACTOR.
35.02 The use of a subcontractor to perform services under this Agreement
shall not constitute delegation of CONTRACTOR'S duties provided that CONTRACTOR
has received prior written authorization from the City Representative to subcontract such
services and the City Representative has approved a subcontractor who will perform
such services. CONTRACTOR shall be responsible for directing the work of
CONTRACTOR'S subcontractors and any compensation due or payable to
CONTRACTOR'S subcontractor shall be the sole responsibility of CONTRACTOR. The
City Representative shall have the right to require the removal of any approved
subcontractor for reasonable cause. The subcontractors listed in Exhibit 5, which is
attached to and incorporated in this Agreement, are hereby approved by the CITY.
35.03 For purposes of this Article when used in reference to CONTRACTOR,
"assignment" shall include, but not be limited to (i) a sale, exchange or other transfer of
at least fifty-one percent (51 %) of CONTRACTOR'S assets dedicated to service under
this Agreement to a third party; (ii) a sale, exchange or other transfer of outstanding
common stock of CONTRACTOR to a third party provided said sale, exchange or
transfer results in a change of control of CONTRACTOR (with control being defined as
ownership of more than fifty percent (50%) of CONTRACTOR'S voting securities); (iii)
any dissolution, reorganization, consolidation, merger, re-capitalization, stock issuance
or re-issuance, voting trust, pooling agreement, escrow arrangement, liquidation,
subcontracting or lease-back payments, or other transaction which results in a change of
control of CONTRACTOR; (iv) any assignment by operation of law, including insolvency
or bankruptcy, making assignment for the benefit of creditors, writ of attachment for an
execution being levied against this Agreement, appointment of a receiver taking
possession of CONTRACTOR'S property, or transfer occurring in the eyent of a probate
proceeding; and (v) any combination of the foregoing (whether or not in related or
contemporaneous transactions) which has the effect of any such transfer or change of
control of CONTRACTOR.
35.04 CONTRACTOR acknowledges that this Agreement involves rendering a
vital service to CITY'S residents and businesses, and that CITY has selected
CONTRACTOR to perform the services specified herein based on (i) Contractor's
experience, skill and reputation for conducting its Solid Waste management operations
in a safe, effective and responsible fashion, at all times in keeping with applicable
environmental laws, regulations and best Solid Waste management practices, and (ii)
CONTRACTOR'S financial resources to maintain the required equipment and to support
its indemnity obligations to CITY under this Agreement. CITY has relied on each of
these factors, among others, in choosing CONTRACTOR to perform the services to be
rendered by CONTRACTOR under this Agreement.
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Collection Service Agreement
ARTICLE 36. Compliance with Laws
36.01 In the performance of this Agreement, CONTRACTOR shall comply with
all applicable laws, regulations, ordinances and codes of the federal, state and local
governments, including without limitation the Municipal Code of the City of Dublin.
36,02 CITY shall provide written notice to CONTRACTOR of any planned
amendment to Chapter 5.32 of the Dublin Municipal Code that would substantially affect
the perfonnance of CONTRACTOR'S services pursuant to this Agreement. Such notice
shall be provided at least thirty (30) calendar days prior to the City Council's approval of
such an amendment.
ARTICLE 37. Permits and Licenses
37.01 CONTRACTOR shall obtain, at its own expense, all permits and licenses
required by law or ordinance and maintain same in full force and effect throughout the
term of this Agreement. CONTRACTOR shall provide proof of such permits, licenses or
approvals and shall demonstrate compliance with the terms and conditions of such
permits, licenses and approyals upon the request of the City Representative.
ARTICLE 38. Ownership of Written Materials
38.01 All reports. documents, brochures, public education materials. and other
written, printed, electronic or photographic materials developed by CITY or
CONTRACTOR in connection with the services to be performed under this Agreement,
whether developed directly or indirectly by CITY or CONTRACTOR shall be and shall
remain the property of CITY without limitation or restrictions on the use of such materials
by CITY. CONTRACTOR shall not use such materials in connection with any project not
connected with this Agreement without the prior written consent of the City
Representative. This Article 38 does not apply to ideas or concepts described in such
materials and does not apply to the format of such materials.
ARTICLE 39. Waiver
39.01 Waiver by CITY or CONTRACTOR of any breach for violation of any term
covenant or condition of this Agreement shall not be deemed to be a waiver of any other
term, covenant or condition or any subsequent breach or violation of the same or of any
other term, covenant or condition, The subsequent acceptance by CITY of any fee, tax,
or any other monies which may become due from CONTRACTOR to CITY shall not be
deemed to be a waiver by CITY of any breach for yiolatlon of any term, covenant or
condition of this Agreement.
~
'-CJ~j$l1J
Page 69
2571
~ I~ , ';';<,'~'.
() -U . ~" l.
Collection Service Agreement
.
ARTICLE 40. Prohibition Against Gifts
2572 40.01 CONTRACTOR represents that CONTRACTOR is familiar with CITY'S
2573 prohibition against the acceptance of any gift by a CITY officer or designated employee.
2574 CONTRACTOR shall not offer any CITY officer or designated employee any gifts
2575 prohibited by the CITY'.
2576 ARTICLE 41. Point of Contact
2577 41.01 The day-to-day dealings between the CONTRACTOR and the CITY shall
2518 be between the CONTRACTOR and the City Representative.
2579 ARTICLE 42. Notices
2580
2581
2582
2583
2584
2585
2586
2587
2588
2589
2590
2591
2592
2593
2594
2595
2596
2597
2598
2599
2600
2601
2602
2603
2604
2605
2606
2607
2608
42.01 Except as provided herein, whenever either party desires to give notice to
the other, it must be given by written notice addressed to the party for whom it is
intended, at the place last specified and to the place for giving of notice in compliance
with the provisions of this paragraph. For the present, the parties designate the following
as the respective persons and places for giving of notice:
As to the CITY:
Jason A. Behrmann
Senior Administrative Analyst
100 Civic Plaza
Dublin, CA 94568
Telephone: (925) 833-6650
Fax: (925) 833-6651
E-Mail jason.behrmann@ci.dublin.ca.us
As to the CONTRACTOR:
Robert J. Molinaro
President
Amador Valley Industries, LLC.
PO. Box 1048
Pleasanton, CA 94566
Telephone: (925) 846-4062
Fax: (925) 846.8058
E-Mait: Debbie@pleasantongarbageservice.com
42.02 Notices shall be effective when received at the address as specified
above. Changes in the respective address to which such notice is to be directed may be
made by written notice. Facsimile transmission is acceptable notice, effective when
received, however, facsimile transmissions received (Le. printed) after 4:30 p.m. or on
weekends or holidays, will be deemed received on the next business day. The original
of items that are transmitted by facsimile equipment must also be mailed as required
herein.
.
.
Page 70 City of Dublin
.
.
.
2609
2610
2611
2612
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Collection Service Agreement
42.03 Notice by CITY to CONTRACTOR of a Collection or other Service
Recipient problem or complaint may be given to CONTRACTOR orally by telephone at
CONTRACTOR'S local office with confirmation sent as required above by the end of the
Work Day.
2613 ARTICLE 43. Transition to Next Contractor
2614 43.01 In the event CONTRACTOR is not awarded an Agreement to continue to
2615 provide Collection Services following the expiration or early termination of this
2616 Agreement, CONTRACTOR shall cooperate fully with CITY and any subsequent
2617 contractors to assure a smooth transition of services described in this Agreement. Such
2618 cooperation shall include but not be limited to transfer of computer data, files and tapes;
2619 providing routing information, route maps, vehicle fleet information, and list of Service
2620 Recipients; providing a complete inventory of all carts and bins; providing adequate labor
2621 and equipment to complete performance of all Collection Services required under this
2622 Agreement; taking all actions necessary to transfer ownership of carts and bins, as
2623 appropriate, to CITY; including transporting such containers to a location designated by
2624 the City Representative; coordinating Collection of materials set out in new containers if
2625 new containers are provided for a subsequent Agreement and providing other reports
2626 and data required by this Agreement.
2627
2628
2629
2630
2631
2632
2633
2634
2635
2636
2637
2638
2639
2640
2641
2642
2643
2644
2645
2646
2647
2648
ARTICLE 44. Contractor's Records
44.01 CONTRACTOR shall maintain any and all letters, books of account,
invoices, vouchers, canceled checks, and other records or documents eYidencing or
relating to charges for services or expenditures and disbursements charged to Service
Recipients for a minimum period of five (5) years, or for any longer period required by
law, from the date of final payment to CONTRACTOR pursuant to this Agreement.
44.02 CONTRACTOR shall maintain all documents and records which
demonstrate performance under this Agreement for a minimum period of five (5) years,
or for any longer period required by law, from the date of termination or completion of
this Agreement.
44.03 Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit. at any time during regular
business hours, upon written request by the City Representative, the City Attorney, City
Auditor, City Manager, or a designated representative of any of these officers. Copies of
such documents shall be provided to CITY for inspection at the CITY offices when it is
practical to do so. Otherwise, unless an alternative site is mutually agreed upon, the
records shall be available at CONTRACTOR'S address indicated for receipt of notices in
this Agreement.
44.04 Where CITY has reason to believe that such records or documents may
be lost or discarded due to the dissolutton, disbandment or termination of
CONTRACTOR'S business, CITY may, by written request or demand of any of the
aboye named officers, require that custody of the records be given to CITY and that the
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Page 71
2649
2650
2651
Collection Service Agreement
~300 1"34
.
records and documents be maintained in City Hall. Access to such records and
documents shall be granted to any party authorized by CONTRACTOR,
CONTRACTOR'S representatives, or CONTRACTOR'S successor-in-interest.
2652 ARTICLE 45. Entire Agreement
2653 45.01 This Agreement and the Exhibits attached hereto constjtute the entire
2654 Agreement and understanding between the parties hereto, and it shall not be considered
2655 modified, altered, changed or amended in any respect unless in writing and signed by
2656 the parties hereto.
2657 ARTICLE 46. Severability
2658 46.01 If any provision of this Agreement or the application of it to any person or
2659 situation shall to any extent be held invalid or unenforceable, the remainder of this
2660 Agreement and the application of such provisions to persons or situatjons other than
2661 those as to which it shall have been held invalid or unenforceable. shall not be affected,
2662 shall continue in full force and effect, and shall be enforced to the fullest extent permitted
2663 by law.
2664 ARTICLE 47. Right to Require Performance
2665
2666
2667
2668
2669
47.01 The failure of the CITY at any time to require performance by the
CONTRACTOR of any provision hereof shall in no way affect the right of the CITY
thereafter to enforce same. Nor shall waiver by the CITY of any breach of any provision
hereof be taken or held to be a waiver of any succeeding breach of such provision or as
a waiver of any provision itself.
.
2670 ARTICLE 48. All Prior Agreements Superseded
2671 48.01 This document incorporates and includes all prior negotiations,
2672 correspondence, conversations, Agreements, contracts and understandings applicable
2673 to the matters contained in this Agreement and the parties agree that there are no
2674 commitments, Agreements, contracts or understandings concernIng the subject matter of
2675 this Agreement that are not contained in this document. Accordingly. it is agreed that no
2676 deviation from the terms of this Agreement shall be predicated upon any prior
2677 representations, Agreements or contracts, whether oral or written,
2678 ARTICLE 49. Headings
2679 49.01 Headings in this document are for conyenience of reference only and are
2680 not to be considered in any interpretation of this Agreement.
.
Page 72 City of Dublin
.
2681
2682
2683
2684
2685
2686
2687
2688
.
.
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Collection Service Agreement
ARTICLE 50. Exhibits
50.01 Each Exhibit referred to in this Agreement forms an essential part of this
Agreement. Each such Exhibit is a part of this Agreement and each is incorporated by
this reference.
ARTICLE 51. Effective Date
51.01 This Agreement shall become effective at such time as it is properly
executed by the CITY and the CONTRACTOR and the CONTRACTOR shall begin
Collection Services, as covered herein, as of July 1, 2005.
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2689
2690
2691
2692
2693
2694
2695
2696
2697
2698
2699
2700
2701
2702
2703
2704
2705
2706
2707
2708
2709 Approved as to Form:
2710
2711
2712
2713
2714
2715
2716
2717
Collection Service Agreement
t5~l3~
.
IN WITNESS WHEREOF, the CITY and the CONTRACTOR have executed this
Agreement on the day and year first written above.
CITY OF DUBLI N CONTRACTOR
A Municipal Corporation
Amador Valley Industries, LLC
"'--1 d.....JL C. ~
RICHARD C. AMBRO ,
CITY MANAGER
!VI ~.,,-'
ROBERT J. MOll NARO
PRESIDENT
Amador Valley Industries, LLC
Attest:
.
~~ :+i~ ~L
Elizabeth H. Silver. City Attorney
.
Page 74 City of Dublin
Collection Service Agreement
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.
EXHIBITS
.
.
Page 75
Collection Service Agreement
9;1rJb t ~
Exhibit 1
City of Dublin, CA
COMPENSATION AND RATES
.
r--."'.
CONTRACTOR Compensation
Agreement Year 1
1. Collection Compensation Element $ 4,176,900
2. Disposal Compensation Tonnage 27,039 Tons
3. Disposal Tipping Fee $ 27.50
4. Disposal Compensation Element $ 743,573
5. Container Compensation Element $ 177,000
6. Fee Compensation Element $ 942,187
7. Total $ 6,039,660
.
.
Page 76 City of Dublin
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Collection Service Agreeri(..nt
.
.
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EMERGENCY SERVICE RATES. EMPLOYEES
Page 1 of 1 Pages
Labor Position Hourly Rate Hourly Rate
Monday - Saturday Sunday
Operations Manager $100.00 $130.00
Route Supervisor $100.00 $130.00
Driver $75.00 $85.00
Recycling Coordinator $75.00 $85.00
Clerical $35.00 $35.00
Exhibit 1 (Cont)
City of Dublin, CA
COMPENSATION AND RATES
EMERGENCY SERVICE WES
EMERGENCY SERVICE RATES - EQUIPMENT
Page of Pages
Equipment Type Make & Model Hourly Rate
Vehicle Roll Off $56.00
Vehicle Rear Loader $76.00
Vehicle Front End Loader $76.00
Vehicle Automated Side Loader $76.00
.
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Page 77
Collection Service Agreement
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.
Ooeratina Costs
Labor:
Exhibit 2
City of Dublin, CA
Compensation Adjustment
RRI Financial Statement Format
Series ID: ceu605621 0006 Waste Collection - Average Hourly Earnings
List all administrative, officer, operation and maintenance salary
accounts.
List payroll tax accounts directly related to the above salary accounts.
Vehicle Replacement: Series ID: pcu3362113362113 Motor Vehicle Mfg.- Vehicles on
Purchased Chassis
List all COllection and Collection related vehicle depreciation accounts.
List all vehicle lease or rental accounts related to Collection or
Collection related vehicles.
Vehicle Maintenance: Series ID: pcu3339243339243 Industrial Truck & tractor Mfg. -
Parts for Industrial work trucks
List all Collection or Collection related vehicle parts accounts.
All Other:
.
Series 10: pcu3339243339243 Industrial Truck & tractor Mfg. - Parts for
Industrial work trucks
List all other expense accounts related to the services provided under
this Agreement. This category includes all insurance including general
liability, fire, truck damage, extended coverage and employee group
medical and life; rent on property, truck licenses and permits; real and
personal property taxes; telephone and other utilities; employee
uniforms; safety equipment; general yard repairs and maintenance;
office supplies; postage; trade association dues and subscription;
advertising; employee retirement or profit sharing contributions; and
miscellaneous other expenses.
.
Page 78 City of Dublin
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Collection Service Agreement
.
Exhibit 2
City of Dublin, CA
Compensation Adjustment Model
Collection Com ensation Element
Calculate RRI Factor
Step
1
1a Use modlll to In
lndit;""
2004
Annual Av B CelBndar v_ Endtd U/31
2006 :lOOG
2007
Serias 10: ceu605S210006 Waste COlleotlon . Avera 9 Hourly Eamln ~
Series ID: PCU3;)(J2113362113 MotQr Vahicla Mfg.- Vehiclas un Purohased
Chassis
Series ID: pcu3339243339243 Indl,J!llrial Truck & tractor Mfg. . Parts for
Industrial work trucks
Saries 10: cuurx400sao CPl. All Urban Consumers - Allltem$ . Bay Araa
1b
1:2.97
14.48
13.64
15.33
169.7
171.40
173.60
174,60
132.40
193.00
135.10
t 96.40
Dalls % PnIVIOUa v_ to Year
2001
5.87%
2.30%
1,87%
2.89%
2.57%
2.24%
5.33%
2007
1.74%
0.10%
.
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&.~$' . "'Yi',
,. .. %
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Page 79
Collection Service Agreement
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Exhibit 2
City of Dublin, CA
Compensation Adjustment Model (Cont')
IIlcuhde Annual Growth Factor
Use Calcula_d RlWenue Module of Model develo
AnnUlI1 Growth %
Calendar Year End$(! December 31
2005 2008
6 009.660 $ 6 071 000 $
1\ 1J11 000 $ 8 192 420 $
0.52% 2.00%
100.5~.4 101.00%
Calculate Collection Compensation Element Adjustment
({Annual GroW1h Factor lC Collection COmpenljl!tiQn) II: RRI Factor)
Collection Compensation Element Adjustment Effective July 1
allllG
0.62",(,
5.00%
ZGU7
2.00%
....,6%
AG Fsetor
ARI Factor
::i:;C~. ,\ .:.. .: :,:.:;:.::.>:..,::
Fee Factor
om
100.00%
Calendar Year Ended Deeember 31
2005 20M
27 039 21 204
27.204 27,600
0.61% 1.456%
100.810% 101.456%
6 Calculate Disposal Compensation Element Adjustment
((A"nual Tonnage Factor x Dillpoeal Compensation) x Tip FIKl Factor)
Ol.posel Compensation Element AdJustment Eflecdve July 1
2006
2007
0.98.'"
1.46%
TI Fee F8etor
AT Factor
7 Calculatll F.. Element Aafustment
F..",
0.61%
nsatlon Element
sation Element
nsatlon Element
Page 80 City of Dublin
.
2007
6192420
6 254 344
1.00%
101.00%
2001
1.00%
3.14%
me
28.02
0.937%
100.93rk
2007
27.600
28,300
2,54%
102.536%
~t4J 13&r
Collection Service Agreement
.
%
SFD Recycling Service JlIn..llry %
L1.1 MlIterlal T pe
To'al Collected
OIBposed
DlvBrWd
MFD Recycling ervlce January %
UBt MBterlal Type
Total o ecte
Dill odd
Diverted
City Recycling &trvice Jlln...ary %
List Mllterllll Type
T atel Collected
0111 aBed
DlvBrted
Commercial Recycling Service Janusry ""
. L1at UstBrlal T e
Total Collected
Ola 0
Olv8rted
January %
Used 011 Collection Service
Total Collected
D~poa8d
DiYertsd
January
%
.
JBnUllry
%
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Page 81
Collection Service Agreement
Cf~t1fJ \ ~'1
Exhibit 2 (Cont)
City of Dublin, CA
COMPENSATION ADJUSTMENT MODEL
Fee Compensation Element Exam Ie
.
.
.
Page 82 City of Dublin
. ct.f6f; 131
Collection Service Agreement
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Exhibit 2 (Cont)
City of Dublin, CA
Compensation Adjustment Model
Collection Service Events
.
~-
Service SFD
35 Gallon Garbage Cart Weekly (Silled on Tax 8,139
Roll)
Additional 64 Gallon Garbage Cart 2,552
Additional 96 Gallon Garbage Cart 294
35 Gallon Garbage Cart Weekly (Billed by 294
Contractor)
64 Gallon Garbage Cart Weekly (Silled by 98
Contractor)
96 Gallon Garbage Cart Weekly (Billed by 12
Contractor)
Service MFD & Commercial
35 Gallon Garbage Cart Weekly 23
35 Gallon Garbage Cart Twice Weekly 0
64 Gallon Garbage Cart Weekly 28
.
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Page 83
Collection Service Agreement
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Exhibit 2 (Cant)
City of Dublin, CA
Compensation Adjustment Model
Collection Service Events
.
Cu Y de
1
1
1
1
1
1
2
2
2
2
2
2
1 90
2 11
3 3
4 0
5 1
6 19
1
5
3
o
o
o
6
6
6
6
6
6
134
2 16
3 5
4 1
5 2
6 0
o
o
o
o
o
o
11111111,11',', "I'~"oIl'I~"':"I~,II"Il\lll ," "\11'\ ','" 1'1,,111.1,',' ,JI.',I',,,I,' 01111,' ~ "'11,,~,1",~1"~"1"', ",I""""I"l,I,lII"III~II"I'V""III~I,,1 I 1'~,'~I',~'I,,,I,I'.,,'I~I,II,,"~\l\"'~'~II.I~'\'I,',~'1,...,111 I~ 1,1 II', ,IWt~',1"~111,1I111 ,TTI)yt1
+; 'l.J.\\\II?~')\ .1 ,,ll~,t"',:I'":,t,l )01': ;'\, l~/', '"1 "' , )Tlf~l:Li".I,\\ : ~ ,I,ll'. I ~:oI,,\ Ip-l IlV, ' "";,I"~>'~ >>111, \:~I\' ,11 I' ,I:~ i~\<,t'\~\''''~~/, r [il \ I~'" :,r:l;l)l.'l'I: ' 1 ,,' ~," '1', ~l"":I"~;"L\-"~l"''',l;i ,~il;,\Il~II"\'",,,I~I'I~~'~"I~'~"'\~'li\'IJ,~'\,' ,,~,,'I'I,Jr,~1 lilt" ~1~:lr 1:,~":~'l,\"\t:i,,.1",)l
3
3
3
3
3
3
1 166
2 44
3 7
4 15
5 2
6 0
o
4
o
o
o
o
7
7
7
7
7
7
1
2
3
4
5
6
o
o
o
o
o
o
.
Cu Yds
3
3
3
Cu Yds
30
.
Page 84 City of Dublin
~lJ t1D' 31
Collection Service Agreement
.
Exhibit 2 (Cant)
City of Dublin, CA
Compensation Adjustment Model
Collection Service Events
.
Service
Additional Lar e Items
Push Service
Lock & Ke Service
Excess Waste Service
Excess Cart Exchan e
Excess Bin Exchan e
Excess Bin Cleanin
Roll-off Container Relocation
Hand Hauler Extra Week Rental
Roll-off Extra Week Rental
o
RoU-off Containers
Size
6 Cu Yds
14 Cu Yds
20 Cu.Yds
25 Cu Yds
30 Cu Yds
40 Cu Yds
50 Cu Yds
MFD & Commercial Pulls
185
o
511
o
383
180
o
.
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Page 85
Collection Service Agreement
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Exhibit 3
City of Dublin, CA
City Service Units
To be
Page 86 City of Dublin
.
.
Collection Service Ag~!~ 134
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Exhibit 4
City of Dublin, CA
COLLECTION SERVICE
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
as Principal, hereinafter called Company, and
as Surety, a corporation organized and existing under the laws of the State of
,hereinafter called Surety, are held and filTTlly bound unto the
City of Dublin, Califomia, 100 Civic Plaza, Dublin, CA 94568, as Obligee, hereinafter
called Owner, in the full and just sum of One Million Dollars ($ 1,000,000), for the
payment of which sum of money well and truly to be made, Company and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents, said amount to include payment of actual costs and
damages and for attorneys' fees, accounting fees, testIng fees, consulting fees,
administrative costs, court costs, interest and any other fees and expenses resulting
from or incurred by reason of Company's failure to promptly and faithfully perform its
contract with Owner, said contract being more fully described below, and to include
attorneys' fees, court costs and administrative and other expenses necessarily paid or
incurred in successfully enforcing performance of the obligation of Surety under this
bond.
WHEREAS, Company has entered into a written agreement dated
, 2005 with Owner entitled "Collection Service Agreement"
Between the City of Dublin and Amador Valley Industries, LLC, ("Agreement"). the terms
and conditions of which are by this reference incorporated herein as though fully set
forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if
Company shall well, truly, and promptly perform all the undertakings, covenants, terms,
conditions, and agreements of said Company under the Agreement, including, but not
limited to, Company's obligations under the Agreement: (1) to provide, perform and
complete in the manner specified in the Agreement all necessary work, labor, services,
transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric,
water, waste disposal, information, data, and other means and items necessary for the
Collection, Transfer, Transport, Disposal, Recycling, and Processing of Solid Waste,
Recyclable Materials, Green Waste, Organic Waste and other materials and the
performance of other services related to meeting the diversion goal of 50% by the year
2000 and beyond, and other requirements of the California Integrated Waste
Management Act; (2) to procure and furnish all permits, licenses, and other
governmental approvals and authorizations necessary in connection therewith; (3) to
procure and furnish all bonds, certificates, and policies of insurance specified in the
Agreement; (4) to pay all applicable federal, state, and local taxes; (5) to do all other
things required of Company by the Agreement; and (6) to provide, perform, and
complete all of the foregoing in a proper and competent manner and in full compliance
.
.
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Collection Service Agreement
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with, and as required by and pursuant to, the Agreement; all of which is herein referred
to as "Collection Services."
Surety, for value received, hereby stipulates and agrees that no changes, modifications,
alterations, omissions, deletions, additions, extensions of time, or forbearances on the
part of either Owner or Company to the other in or to the terms of said Agreement; in or
to the schedules or specifications: in or to the method or manner of performance of the
Section 7 Services; equipment, material, service, or sites; or in or to the mode or
manner of payment therefor, shall in any way release Company and Surety or either or
any of them, or any of their heirs, executors, administrators, successors or assigns or
affect the obligations of Surety on this bond, all notice of any and all of the foregoing
changes, modifications, alterations, omissions, deletions, additions, extensions of time or
forbearances, and notice of any and all defaults by Company or of Owner's termination
of Company being hereby waived by Surety.
Notwithstanding anything to the contrary in the foregoing paragraph, in no event shall
the obligations of Surety under this bond in the event of Company's default be greater
than the obligations of Company under the Agreement in the absence of such Company
default.
In the event of a default or defaults by Company, Owner shall have the right to take over
and complete the Agreement pursuant to the provisions of Article 25 of the Agreement
and upon 30 calendar days' written notice to Surety, in which event Surety shall pay
Owner all costs incurred by Owner in taking over and completing the Agreement.
At its option, Owner may instead request that Surety take over and complete the
Agreement, in which event Surety shall take reasonable steps to proceed promptly with
performance no later than 30 calendar days from the date on which Owner notifies
Surety that Owner wants Surety to take over and complete the Agreement
Owner shall have no obligation to actually incur any expense or correct any deficient
performance of Company in order to be entitled to receive the proceeds of this bond.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than Owner or the heirs, executors, administrators or successors of Owner.
.
.
Signed and sealed this _day of
AttestNVitness: PRINCIPAL
,2005.
By:
Title:
By:
Title:
AttestlWitness:
By:
Title:
SURETY
By:
Title:
.
Page 88 City of Dublin
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Collection Service Agreement
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Exhibit 5
City of Dublin, CA
Approved Su bcontractors
1. Phillips Service Corporation for HHW Collection Event Services
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Collection Service Agreement
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Exhibit 6
City of Dublin, CA
City Sponsored Events
Day on the Glen
Portable Restroom Requirements
10 - Single skid toilets
1 - VIP portable restroom trailer
3 - Handicap toilets
2 - 2-person hand wash systems
1 -50 gallon holding tank
Solid Waste and Recycling Container Requirements
To be set by City based on the needs of the event.
st. Patrick's Day Portable Restroom Requirements
24 -Standard toilets
1 - Double VIP portable restroom trailer
7 - Handicap toilets
7 - 2-person hand wash systems
1 - 250 gallon holding tank
Solid Waste and Recycling Container Requirements
To be set by City based on the needs of the event.
.
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Page 90 City of Dublin
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Collection Service Agreement
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Exhibit 7
City of Dublin, CA
AMADOR VALLEY INDUSTRIES TRANSITION PLAN FOR THE CITY OF DUBLIN
2004
.
1. Order CNG vehicles
13 CNG vehicles ordered 12/14/04
2. Secure performance bond
3. Develop A VI logo
Met with graphic artist logo is in the development stage
4. Establish A VI phone number
Phone number (925-479-9545) established 12/15/04.
3/15/05
5. Establish PO Box
Application for PO Box being processed
6. AudiUsurvey service areas and current routes Dec.
Route Supervisor has been obseNing route activity and productivity and will
continue throughout start-up and transition phase.
2005
Dec.
Dec.
Dec.
Dec.
Number will go live
Dec.
7. Submit transition, diversion and public education plans Jan.
Plans submitted for approval by City
8. Meet with W.M. to discuss coordination of cart removal Jan.
and other items
Meeting scheduled with WM
9. Sign and execute Collection Services Agreement Jan.
A VI will sign contract on January 12, 2005
10. Establish meeting schedule with City representatives Jan and Ongoing
Transition meetings bi-weekly for start-up phase and monthly thereafter. This
will help to ensure good communication for a smooth transition and ongoing
program success.
11. Begin development of website Jan.
One page website is being developed by Tri Valley Internet for initial start-up
and introduction to community. Information will include services, program
.
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Collection Service Agreement
to~ ov l~"(
start date and emait capability. Website will be updated and expanded
throughout program implementation.
12. Obtain sample of customer service data Jan
Information to be provided by City and Waste Management so A VI can test
ability to transfer data files from current database into RAMS.
13. Begin public education outreach (see detailed plan) Feb.
See separate plan submitted for Public Education Plan
14. Hire and begin training of one of two CSR's March.
Begin training CSR in Dublin contract requirements as well as begin input of
customer account information once obtained.
15. Fine tune routes March
After obseNation any minor changes will be made prior to finalizing route
maps
16. Finalize route maps March
Route maps will be finalized and ready to submit to the City by April
17. Order solid waste, recycling and organic carts April
Carts will be ordered as specified in contract with adequate inventory stock
18. Order food scrap pails April
Upon approval by City one gallon pails will be ordered
19. Order front end loader containers April
Select vendor and provide specs and quantities for containers needed
20. Order roll-off boxes April
Select vendor and provide specs and quantities for containers needed
21. Set up rate codes April
Once approved rates are received from City rate codes will be set up.
22. Obtain data files and transfer to RAMS April
Customer information, routing information and current seNice level is needed
23. Audit data files April
Check system information to verify customer information
24. Begin search for Dublin office location April
Contact Realtor in Dublin to find appropriate. convenient location
25. Finalize website April
Approve final enhancements to website to meet all contract requirements
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26. Make employment offers to current WM Local 70 drivers May
Work with Teamster Local 70 representative to make employment offers to
qualified displaced workers who apply.
27. Secure Dublin office location May
Secure and sign lease for Dublin office location
28. Secure liability insurance May
Contact insurance carrier to secure liability insurance
29.Arrange for installation of phone lines/message center May
in new office location
Test system for reliability
30. Accept delivery of CNG trucks May
Secure licenses, paint, signage as required in Contract. Install radios in all
trucks for communication with CSR's.
31.Accept delivery of carts May
Carls delivered to staging area, prepare for delivery
32. Hire and train 2nd CSR May
CSR's will be fully trained in program guidelines and all customer service
procedures.
33. Procure office equipment May
Includes desk, chairs, computer equipment as well as all daily supplies.
34. Hire and train collection" drivers June
Provide safety training and assign routes for on route training
35. Order used oil containers June
Order appropriate one gallon rigid plastic containers with screw on lids
36. Test billing system and customer account information June
Conduct test billing and verify customer account information
37. Begin cart distribution to SFD June
Cart distribution will be conducted by outside experienced vendor. All carts
will be delivered with comprehensive "How-Ton Brochure. Coordination with
Waste Management will result in the least disruption to residents. As new
carts are delivered Waste Management will remove existing carts
38. Begin delivery of oil collection boxes to MFD June
Oil collection boxes and containers will be delivered to buildings who have
requested. Number of collection boxes wi/J be determined by number of units.
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39. Continue route truck driver training June
Driver training will continue as necessary
40. Place signage and decals on all truck equipment June
Proper sign age and lettering will be affixed to all collection trucks
41. FEL containers delivered with proper signage applied June
FEL containers will be delivered by container supply company. Containers
will already have all proper safety and identification decals affixed at time of
delivery.
42. Final training of CSR's June
Review all collection sf.uvice agreement provisions to make sure CSR's are
knowledgeable and feel confident in their ability to answer customer inquiries.
43. Final hiring of all Local 70 displaced workers June
Coordinate the start date of any Waste Management drivers.
44. Continue to update website June and Ongoing
Update web site to reflect up to date program implementation information.
45. Continue cart distribution to SFD Month of June
Monitor cart delivery company and insure every eligible resident receives new
carls and program information.
46. Begin distribution of compactors and roll-off boxes June
Coordinate with manufacturer to coordinate delivery of new waste collection
equipment. All customers will have collection equipment by July 1, 2005.
47. Final update of customer transaction history
Receive final download of information to update files to most current
information.
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48. START SERVICE
FridaYtJuly 1,2005
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Exhibit 8
City of Dublin, CA
AMADOR VALLEY INDUSTRIES
PUBLIC EDUCATION PLAN FOR THE CITY OF DUBLIN
2005
.
1. Meet with graphic design company
2. Develop Phase I Website
3. Send email and electronic Go Green Initiative (GGI) newsletter to
Dublin Principals to announce program
4. Send email to announce Earth Summit and announce
Go Green meeting in March
5. Draft 1 st mailer to residents
6. Submit 1 st mailer to City
7. Run ad in local newspaper announcing AVI to community
8. Mail initial mailer to residents with cart size request
9. Draft "How-To" brochure
10. GG I informational meeting @ library
11. Finalize cart size request responses so carts can be ordered
12. Go Green Earth Summit
13. Develop Phase II Website
14. Draft cart delivery reminder postcard
15. Submit delivery postcard to City
16.Submit "How-To" brochure to City
17. Mail cart delivery postcard to residents
18.Assist schools for Sept. start of GGI
19. Develop Correction Action Notice
20. Corrective Action Notice to City
21. Develop 1 st mailer to commercial customers
22. Submit 1st commercial mailer to City
23. Begin media blitz to community
Jan
Jan.
Jan.
Feb
Feb
Feb
Feb.
March
March
March
April
April
April
April
April
April
May
May-August
May
May
May
May
May
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May
June
June
June
June
June
June
June
June
June~
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24. Develop Commercial Recycle Brochure
25. Begin reporting development in conjunction with City
26. Submit Commercial Recycle Brochure to City
27. Mail initial commerciallettar
28. Conduct two community workshops
29. Begin residential cart delivery with "How-To" Brochure
30. Begin meeting with Dublin Recycling Leaders
31. Update website for Program Start-Up
32. Respond to Commercial mailer requests
33. Begin requested business/organization presentations
Ongoing
34. Begin requested waste audits
35. Begin development of quarterly on-line residential newsletter
36. Develop commercial bill insert
37. Submit commercial bill insert to City
38. Insert commercial bill insert for 1st monthly billing
39. Mail Phase I Commercial Recycle Brochures
40. Begin to issue Corrective Action Notice as necessary
41. Mail Phase II Commercial Recycle Brochures
42. Perform waste audits
43. Post quarterly residential on-line newsletter
44. Mail Phase I" Commercial Recycle Brochures
45. Perform waste audits
46. Meet with recycling Leaders
47. Develop postcard to residents regarding Xmas tree pickup
48. Submit Xmas tree pickup postcard to City
49. Mail Xmas tree pickup postcard to residents
July
July
July
July
August
August
August
-Sept.
Sept.
Oct.
Oct.
Oct.
Nov.
Nov.
Nov.
Dec.
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PUBLIC EDUCATION PLAN NARRATIVE
Public Education and Community Outreach
There are multiple public education and outreach materials and activities that
need- to be developed and distributed to businesses and residences prior to start-
up of services on July 1, 2005. These items are detailed below.
Public Education and Outreach Plan
like the City of Dublin, AVI places the utmost importance on effective public
education and promotion. Effective outreach efforts are the key to helping residents
and businesses understand the importance of source reduction, reuse, recycling,
and buying recycled-content products. Our commitment to education is reflected in
the samples of education materials provided in the Appendix of our proposal. These
samples represent public education materials developed and distributed by various
companies owned and operated by A VI principals.
A VI will provide a strong public education program in the City of Dublin, including
sophisticated public education materials, education programs and materials beyond
those required by the City. A VI's public education budget for the start-up of the
Collection Service programs is $130,000 with an additional $75,000 for the first
year.
The focus of A VI's public education and outreach program will be to introduce new
programs to residents and businesses as well as to increase awareness of the
need to reduce, reuse, and recycle, as well as the importance of buying recycled-
content products. This awareness will result in increased program participation and
decreased waste generation to help the City of Dublin obtain and maintain AS 939
and Measure D compliance. The AVI principals also believe in a total involvement
,and commitment to the community in all activities, not just industry-related activities.
This level of involvement is practiced in all the communities serviced by the
companies owned and operated by the principals of A VI and will continue to be
practiced in the City of Dublin as well.
In addition to education and infonnation about recycling, AVI will educate residents
and businesses about other solid waste handling issues such as the correct setout
of refuse and the proper handling of household hazardous waste. This information
will help preserve a clean, healthy, and safe environment throughout Dublin.
AVl's public education and outreach program will be clear and comprehensive and
will consistently relay the 4 R's message. This will be done through:
1. Initial stari-up activities
Introducing AVI as the new provider of solid waste and recycling programs,
and
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2. Continuing education activities throughout the agreement term
Providing ongoing education and promotion to encourage continued
program participation and to promote reuse, waste reduction, and buying
recycled-content products.
AVI has extensive, recent experience with successful start-ups for new programs,
including single stream recycling collection, automated compostable materials
collection, automated refuse collection, and business recycling programs. Each of
these programs experienced smooth implementations - due in major part to the
extensive public education and outreach as well as superior operations and
customer service - with no confusion or complaint from the public.
A description of the public education and outreach program for residents and
businesses is provided below. The timeline for these activities has been included in
the implementation plan timeline. Costs for these activities have been included in
the cost proposal.
Residential Education Program
Start-Up Activities
Initial Mailing
AVI will mail an introductory public education piece to all single-family
residences. This initial mailing will introduce AVI as the new collection contractor.
It will provide residents with information about local AVI staff who will be directly
involved with the ongoing day-to-day operations in the City of Dublin and how to
contact them, including A VI's website address.
The initial mailing will include information about program changes highlighting the
addition of the Food Scrap Recycling Program. A VI key staff members have
extensive experience in implementing a food scrap program. Our sister company
Pleasanton Garbage Service conducted a pilot food scrap recycling program for
eighteen months. The program went City wide in March 2004 and has been
extremely successful. We attribute this success to the public education program
that was conducted before and continues to this day.
The brochure will also inform residents about the enhancements made to the
Large Item Cleanup and the addition of the ability to recycle household batteries
through their curbside recycling program. The information will be presented in a
positive, upbeat manner to assure residents that the new programs will be
cleaner, easier, and more attractive. The ease of participating in this program
and the benefits obtained not only by the resident but also in helping the City
meet their required diversion goal will be highlighted in the brochure.
The mailer will inform residents of the cart delivery schedule. It will explain to
residents that specific program information will be delivered with the residents'
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carts. The mailer will inform residents of the dates, times, and locations of the
'~n.... ......: .......:"':.....: __..... ......::" n~' :.~: .~t"~ to be held throughout the City and invite
residents to attend one or more of these workshops for more information about
the new programs.
The initial mailer will include information about available cart sizes (32, 64, and
96 gallon). The mailer will explain that residents may select their refuse cart size
and that a 64-gallon cart for recyclables and a 64-gallon cart for organic materials
will be provided unless they indicate otherwise. A tear-off, return postcard will be
part of the initial mailer for residents to order carts. Residents who do not
respond and send back their postcard will be delivered the same size cart that
they presently have. Residents will be encouraged to use the smallest size
possible for refuse and the largest size they will fill for recyclables and organic
materials. These carts will be on display at the community workshops (discussed
later in this section) so that residents can make informed decisions about their
preferred cart size. Further, residents will be told that they may order a different
size cart or an additional recycling or organics cart.
The brochure will highlight the used motor oil and filter-recycling program.
Residential customers will have the ability to request up to two one gallon used
motor oil jugs. These jugs will be similar to a plastic milk jug but will be made of
a heavier gauge plastic. The jugs will be clearly labeled with the instructions of
how to participate in the used motor oil program. Residents will also be
instructed that they may recycle their used motor oil filters by placing them in a
heavy gauge plastic zip lock bag and placing the bag next to their motor oil jug at
the curb. The recycling route driver will collect the motor oil and filter and place
them into a holding rack on their truck. The driver will provide the resident with
the same number of motor oil jugs as picked up for their next use.
Finally, the initial mailing will invite residents to volunteer as City of Dublin
Recycling Leaders in their neighborhood, homeowners' association, duplex, or
triplex. A box will be provided on the tear-off return postcard that residents can
check to get more information about this program. During the start-up, recycling
leaders will be given special training to answer new program questions raised by
their neighbors. Recycling leaders will be given program information materials to
provide to their neighbors if needed. Recycling leaders will become an integral
part of AVI's ongoing education activities.
IlHow-to" Brochure
A detailed program "how-to" brochure will be delivered when carts are delivered.
This brochure will contain set out instructions for refuse carts, information
regarding materials that can (and cannot) be placed in recycling carts, setout
information for used oil and oil filters, and information about what can (and
cannot) be placed in the compostable materials carts. As reflected in the sample
public education materials, AVI will rely heavily on graphics and pictures as the
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primary way to convey this message in a simple and understandable way. Text is
used minimally and presents information in a concise manner. The number of
brochures will be determined based on the customer count with a 10% over run.
The "how-to" brochure (as well as other public education materials) will provide
supplemental information in other languages and made available to households
as needed.
The brochure will include an explanation of the on-call cleanup's, and
AV/'s contact information. The brochure will be printed on heavy, coated stock
and residents will be encouraged to save the contact information to hang in a
convenient location for future reference. All educational materials distributed
before the events will encourage a variety of reuse and recycling alternatives
instead of disposal. AVI will contract with Goodwill Industries, Salvation Army, or
similar local reuse organizations to provide an outlet for materials that are
collected in the cleanup but still have reuse ability.
Community Workshops
AVI will conduct two community workshops prior to the start of collection
services. These workshops will be scheduled in separate geographic areas of the
City, making it convenient for all residents to attend at least one workshop. AVI
will work with the City and local community organizations to determine the
location of these workshops.
City of Dublin staff is invited to join A VI staff at these workshops to present new
program information and answer questions about the program. AVI will ensure
that all public education and outreach materials are at these events, as well as
one sample of each cart size. AVI will provide refreshments, make an initial
presentation of the program highlighting any changes from the City's current
program, and facilitate a question and answer period.
Print Media
In addition to the public education and outreach required in the RFP, AVI
proposes to run print ads in local newspapers as part of the start-up activities.
These print ads will correspond with the direct mail piece campaign (i.e., initially
introducing A VI and then describing program changes, informing residents of
delivery of carts, letting residents know about scheduled community workshops,
etc.) These print ads will also include AVI contact information and our website
address.
Residential Continuing Education Activities
Program Presentations
AVI will conduct presentations on our program to homeowners associations or
other community groups as requested by the public or by the City. In addition, we
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will take the initiative to contact various groups and offer to do presentations on a
regular basis throughout the term of the agreement.
On-Line Quarterly Newsletter
AVI will develop and display a quarterly residential newsletter on our website.
We feel there's no more effective way to promote source reduction than to make
our newsletter available to residents on-line. A VI uses the newsletter format to
convey multiple types of information to residents, including source reduction,
reuse, recycling, and buying products made with recycled materials. Newsletters
will also reflect currently asked questions (and their answers), status reports on
diversion levels, information regarding what is being done with the recyclables
collected, information about hard-to-market materials, and other program and
industry information that will encourage residents to preserve our natural
resources.
The quarterly newsletter will also be a vehicle to provide information about
Alameda County's Household Hazardous Waste Program and to address any
issues with refuse collection.
Corrective Actions Notice
As part of AVI's ongoing operations and customer services, all collection drivers
will be trained in the use of Corrective Actions Notices. These Notices will be
bright-colored and of sufficient size to be easily seen and recognized by the
public. The tone of these Notices will also be informative and educational rather
than punitive. (Perhaps a play on the acronym of "Corrective Actions Notice" or
"CAN" could be used - "You CAN do it.")
The Notices will be used in instances where the resident sets out inappropriate
materials and will clearly reflect the nature of the setout problem. As a courtesy
to our customers, and to eliminate frustration, drivers will be trained to clean up
materials at curbside and go ahead and collect materials, leaving the Corrective
Actions Notice to educate and infonn the resident. The exception to this will be in
the case of hazardous materials placed in containers or frequent contamination
of materials at a particular site. In either case, the City will be notified of the non-
collection and the resident will be instructed how to resume collection of
materials.
School Education Programs
AVI strongly believes in the education of children. The children of this generation
have grown up with recycling as a mainstream. Further, children's behavior
patterns are more easily changed than adult behavior patterns and there is an
extra benefit of children carrying the message home to their parents. Our sister
company Pleasanton Garbage Service was the first corporate sponsor of the Go
Green Initiative. We have partnered with the founder of the Go Green Initiative,
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Jill Buck, to develop a comprehensive, full-service recycling program for Dublin
schools, which will allow them to achieve maximum waste diversion via on-
campus recycling. Together with the Go Green Initiative, we will create a tailor-
made public education and recycling system for Dublin schools, based upon the
market research techniques that Jill and our company employed with Pleasanton
school administrators and custodians. We invest the time and resources
necessary to create community pride and enthusiasm for environmentally
responsible waste reduction.
Non.Program Related Information
In all of our public education and outreach materials and activities, AVI will
present non-program related information such as source reduction, material
reuse, junk mail reduction, proper handling of household hazardous waste, grass
cycling, backyard com posting, and other integrated waste management
techniques. The Alameda County Waste Management Authority, the California
Integrated Waste Management Board, and other city and county jurisdictions
have developed materials that relay important messages that can easily be
adapted to City of Dublin needs. AVI will use such materials when possible to
maximize the impact of the education budget or to present a consistent message
for countywide programs such as household hazardous waste.
Attendance at Community Events
AVI will ensure that a portable display, program information, and any other
appropriate items (e.g., recycling trucks, carts, etc.) are available at a minimum
of three community events each year. AVI's staff will be available to answer
questions from the public and to encourage participation in the programs. This
personal involvement with the community is important to our culture and is an
intrinsic part of the culture of A VI.
Committed to the Community
AVI knows how important it is to support the community and be personally
involved. We are an active member of the Dublin Chamber of Commerce and
have supported local programs such as GFWC Dublin/San Ramon Women's
Club, Friends of the Dublin Library, Green and White Gala Ball, as well as a
Corporate Sponsor for the Dublin Chamber of Commerce Golf Tournament held
at the new Dublin Ranch Golf Course. We recently co-sponsored the Dublin
Chamber SBQ held at Rowell Ranch. Not only have we supported these events
monetarily but also A VI staff have volunteered and participated in many of these
events.
Recycling Leader Network
A VI will work diligently to establish a network of residential recycling leaders. This
type of program has worked successfully in many jurisdictions. Recycling leaders
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will be trained to provide program information and non-program infonnation (such
as source reduction) to their neighbors. Recycling leaders will always have a full
supply of all education materials to provide to residents.
AVI wilt meet with recycling leaders a minimum of three times each year to
address any program concerns or questions, discuss the status of each of the
programs, and develop a community-based, grass-roots network of recycling
enthusiasts. Upon award of the contract, AVI would like to discuss with the City
ways to publicly recognize recycling leaders or incentives to encourage residents
to volunteer as recycling leaders.
Large Item Clean Up Events
AVI will infonn residents of the three annual on-call cleanup events available to
each resident. This information will be included in all brochures and newsletters
that AVI produces. The brochure will explain how easy it is for residents to pick
up the phone and request the cleanup at their convenience.
Quarterly Report of Education Activities
As required by the Agreement, AVI will provide the City of Dublin with a quarterly
report of education activities. The report will, at a minimum, include public
education materials and the total numbers distributed; dates, times, and group
names of all meetings attended and presentations given; and all other public
education activities for the preceding quarter.
Commercial Education Programs
A VI understands that a new approach is being launched through the new
commercial recycling program. Commercial and industrial refuse customers will
receive information that clearly explains the benefits of recycling with A VI. Since
the fee for all recycling services is included in the solid waste rate a simple
message can be sent such as "More Recycling = Cost Savings"
Initial Maller
A VI will mail an introductory public education piece to businesses, including
property owners and managers of multi-family complexes who utilize a common
garbage bin. This initial mailing will introduce A VI as the new collection
contractor. It will provide businesses with information about the local AVI staff
who will be directly involved with the ongoing day-to-day operations in Dublin and
how to contact them,including AVl's website address. The number of brochures
will be determined based on the customer count with a 10% over run.
Multi-family complexes will now have the ability to recycle used motor oil and
filters. AVI will provide those buildings that request this service with a motor oil-
recycling caddy. Each caddy will be constructed to hold ten (10) one gallon jugs.
The building manager will request the appropriate number of caddies needed for
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their specific building. This will allow building managers to place the caddy in a
convenient location for tenants. The building manager must place the motor oil-
recycling caddy by the recycling containers when ready for collection. The
recycling route driver will collect the full used motor oil jugs and filters from the
caddy and replace with the appropriate empty jugs.
Businesses will be informed that staff from A VI will be contacting them soon to
offer any help possible in setting up a recycling program or improve an existing
recycling program if necessary. The mailer will also inform businesses that AVI
will be providing new refuse collection containers (bins, debris boxes,
compactors) and/or recycling carts to businesses.
A tear-off return postcard will be part of the initial mailer for businesses to ask
questions, request that the recycling coordinator contact them, or request that the
recycling coordinator make a presentation at their business. Those businesses
that request assistance will be put at the top of the list for the recycling
coordinator to contact.
Finally, the initial mailing will invite businesses to enroll an employee in the City
of Dublin's Business Recycling Leader Network. Business recycling leaders will
meet quarterly as explained in the Continuing Education Activities Section of this
proposal. Business recycling leaders will become an integral part of A VI's
ongoing business education activities.
"How-To" Brochure
AVI will oversee design of the "How-To Recycle" Brochure specific to the
business types described in the RFP (multi-family dwellings, restaurants,
office/commercial buildings, strip malls, and large commercial businesses) and
any other business type identified during start-up activities.
AVI proposes to do the initial mailing of the "How-To-Recycle" brochure in
phases to ensure that businesses receive a timely follow-up if they ask for
immediate assistance. Receipt of this brochure will trigger a desire for action in
some businesses. If too many responses come in at once (which may happen if
the brochure is sent out Citywide), it will delay our ability to respond to interested
businesses in a timely manner. This would not be good customer service and
may result in a business not setting up a recycling program at all.
These brochures will be delivered to businesses as follows.
Phase 1
Each business that requested information by sending the return postcard from
the initial mailer will receive the "How- To-Recycle" brochure. The recycling
coordinator will follow up with these businesses to perform a waste audit and
offer any technical assistance needed to set up a recycling program.
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Phase 2
Based on data obtained from the City, the former franchise hauler, mail house(s),
the Chamber of Commerce, etc. during start-up activities, AVI will build a
database of businesses by business type. This database will reflect the size of
the business and note those businesses that currently have a recycling program.
"How-To-Recycle" brochures will be sent to the 50 largest businesses based on
subscripted solid waste services. The recycling coordinator will follow-up with
these businesses to perform a waste audit and provide technical assistance in
setting up a recycling program. The database will be updated accordingly.
Phase 3
''How-To-Recycle'' brochures will be sent to the next 50 largest businesses,
based on subscripted solid waste services, in each business type. Again, the
recycling coordinator will follow-up with the businesses who respond to perform a
waste audit and provide technical assistance in setting up a recycling program.
Mailing of the "How- To-Recycle" brochure will continue in phases until all
businesses have been contacted and those bl)sinesses responding have been
followed up on by the recycling coordinator.
Promote and Conduct Training Meetings
In the initial mailing to businesses (described above), AVI will promote the
availability of staff to do recycling presentations at businesses. As described
above. businesses can indicate their interest in this type of presentation by
returning the tear-off postcard. The recycling coordinator will follow-up with these
requests and conduct recycling training meetings.
In addition, as responses are received to the 'How-la-Recycle" brochures, the
recycling coordinator will offer to make recycling presentations at businesses and
will follow-up with any requests to do so.
If the combination of these two contacts with businesses does not result in
conducting a significant number to attend training meetings, the recycling
coordinator will call businesses and offer this service.
Business Association Groups
The commercial/industrial recycling coordinator will contact the Chamber of
Commerce and other business organizations in the City to offer to do
presentations to educate businesses on the recycllng program available to
businesses. A VI's principals are actively involved in local business organizations
and will be able to facilitate these presentations. A minimum of four presentations
will be made to local business association organizations within the first six
months of the new agreement.
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Commercial/Industrial Continuing Education Activities
Waste Audits
AVI is proficient in conducting business waste audits in all of the companies
owned and operated by its principals. We will work cooperatively with the
Alameda County Waste Management Authority and the Stop Waste Program.
The Stop Waste Program has successfully assisted businesses to greatly reduce
their solid waste bills by identifying areas not only for recycling but also for
source reduction.
The businesses to be audited will be identified, in part, through the distribution of
the initial mailing and "How- To-Recycle" brochures as discussed in the start-up
activities section earlier in this proposal. In addition, businesses will continually
be made aware of the availability of this service through the business newsletters
that will be produced and distributed by AVI.
Reports of the results of these waste audits will be provided to the City on a
quarterly basis.
Business Newsletter
AVI will produce and distribute a business newsletter with invoices sent to Dublin
businesses and post this newsletter on-line as well. The newsletter will include
pertinent program information, frequently asked questions and answers, tips for
waste reduction for businesses, information regarding handling of hazardous
waste for small business generators, and other information pertinent to
businesses and the seSSon in which the newsletter is published. This newsletter
will also be used as a vehicle to recognize businesses that have made
particularly notable progress in recycling or source reduction programs.
Corrective Actions Notice
One of the unique challenges in collection programs for businesses and multi-
family complexes is the increased level of contamination in recyclables and the
lack of good housekeeping in the centralized collection site area. This is due in
part to the transient nature of the persons sharing this site (either as tenants of
multi-family complexes or employees of businesses) and the anonymity that
comes with using a centralized site. It is nearly impossible to determine who is
contaminating recyclables or dumping refuse on the ground in a centralized
collection center.
These same issues make it difficult to change behavior or reach program
compliance by leaving a Corrective Actions Notice. Many individuals may see the
notice but it is possible that no one will take personal responsibility in complying
with the notice.
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AVI will implement a process used in the other companies owned and operated
by its principals. When a Corrective Actions Notice is left for a business or multi-
family complex, a follow-up call will be made to the business (to a specific
contact person, if known) or to the multi-family complex manager or owner to
discuss the nature of the Corrective Actions Notice and offer assistance in
reaching compliance with the notice.
As in the residential cart collection program, drivers will clean-up the
contamination and collect the materials prior to leaving the Corrective Actions
Notice. If the problem is recurring, or hazardous waste materials are present in
the refuse or recyclables, the driver will leave the materials and the Corrective
Actions Notice and contact the City immediately. AVI staff will contact the
appropriate person at the collection location to explain why the materials were
left and what needs to be done to resume collection.
Public Education Summary
We hope it is apparent from the public education programs described above, the
sample materials provided in the Appendix, and the strength of our public
education staff that AVI takes public education and outreach seriously. We are
convinced that public education is the only way to maximize diversion and ensure
compliance with collection guidelines. Further. we believe that this is best done
through establishing a partnership with our customers. Lastly, the above-
proposed public education programs represent the baseline for A VI's programs.
As our experience in the City of Dublin develops, other needs for public
education and outreach will become apparent and will be met.
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Exhibit 9
City of Dublin, CA
AMADOR VALLEY INDUSTRIES DIVERSION PLAN FOR THE
CITY OF DUBLIN
Diversion Programs
The following is an outline of diversion programs that Amador Valley Industries
will implement at the start of the Dublin Solid Waste, Recycling and Organics
Collection Agreement:
Residential Single Stream Curbside Recycling & Organics Program
Residents will receive a 64-gallon cart for recyclables, a 64-gallon cart for organic
materials and a one gallon food scrap pail. A tear-off, return postcard will be part
of the initial mailer for residents to order carts other than default cart sizes.
Residents will be encouraged to use the smallest size possible for refuse and the
largest size they feel they will fill weekly for recyclables and organic materials.
These carts will be on display at the community workshops so that residents can
make informed decisions about their preferred cart size. Further, residents will be
told that they may order a different size cart or an additional recycling or organics
carl. A comprehensive and on-going public education plan will continually
remind residents about the 4 R's and other waste diversion programs such as
home composting, buy recycled, smart packaging ideas, just to name a few.
Residential Used Motor Oil & Filter Collection Program
Residential customers will have the ability to request up to two one gallon used
motor oil jugs. These jugs will be similar to a plastic milk jug but will be made of
a heavier gauge plastic. The jugs will be clearly labeled with the instructions of
how to participate in the used motor oil program. Residents will also be
instructed that they may recycle their used motor oil filters by placing them in a
heavy gauge plastic zip lock bag and placing the bag next to their motor oil jug at
the curb. The recycling route driver will collect the motor oil and filter and place
them into a holding rack on their truck. The driver will provide the resident with
the same number of motor oil jugs as picked up for their next use.
Large Item Collection Service
A VI recognizes that a significant amount of material is collected in the clean-up
evants. We are committed to recycling the highest percentage of the materials
possible. Using resale organizations to donate reusable items to and processing
the remaining materials at the Pleasanton Transfer StationfMRF will significantly
reduce the amount of discarded material taken to the landfill. A VI will inform
residents of the three annual on-call cleanup events available to each resident.
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This information will be included in all brochures and newsletters that AVI
produces.
Residential Curbside Christmas Tree Recycling Program
Christmas trees will be collected from all SFD service units on their regular
service day.' AVI will not compete with the Boy Scouts Program but will provide
an opportunity to publicize their program as well. The Christmas Tree Collection
Program will begin the first collection day after Christmas Day and continue
through the last collection day in January. All non contaminated trees will be
recycled; all contaminated (flocked, tinsel, decorations) will be disposed of.
Drop-Off Christmas Tree Recycling Program
Three different drop-off sites each supplied with a drop-off box will be available
for Christmas tree drop-off from the first business day after Christmas Day until
the third Monday of January. These roll off boxes as well as the area
surrounding them will be monitored and boxes will be emptied as necessary and
the area will be kept free of debris.
Multi-Family Recycling Program
Recycling service will be made available to all eligible MFD service units. A site
survey will be conducted and the type and number of recycling container(s) will
be determined. In addition the building owner or manager will be made aware of
the Organics Program that is available.
Multi-Family Used Oil & Filter Collection Program
Multi~family complexes will now have the ability to recycle used motor oil and
filters. AVI will provide those buildings that request this service with a motor oil-
recycling caddy. Each caddy will be constructed to hold ten (10) one gallon jugs.
The building manager will request the appropriate number of caddies needed for
their specific building. This will allow building managers to place the caddy in a
convenient location for tenants. The building manager must place the motor oil-
recycling caddy by the recycling containers when ready for collection. The
recycling route driver will collect the full used motor oil jugs and filters from the
caddy and replace with the appropriate empty jugs.
Commercial Recycling & Organics Recycling Program
Businesses will be informed that staff from A VI will be contacting them soon to
offer any help possible in setting up a recycling program or improve an existing
recycling program if necessary. The recycling coordinator will meet with
customers to explain the various services and containers available. Single
stream or source separated recycling will be available with either carts or bins
depending on the quantity of materials. The organics/food scrap recycling
.
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service may require additional training with employees and will be conducted by
the AVI staff.
A tear-off return postcard will be part of the initial mailer for businesses to ask
questions, request that the recycling coordinator contact themj or request that the
recycling coord inator make a presentation at their business. Those businesses
that request assistance will be put at the top of the list for the recycling
coordinator to contact.
The following outlines the Phases that will be implemented to set up recycling at
a business:
Phase 1
Each business that requested information by sending the return postcard from
the initial mailer will receive the "How- To-Recycle" brochure. The recycling
coordinator will follow up with these businesses to perform a waste audit and
offer any technical assistance needed to set up a recycling program.
Phase 2
Based on data obtained from the City, the former franchise hauler, mail house(s),
the Chamber of Commerce, etc. during start-up activities, AVI will build a
database of businesses by business type. This database will reflect the size of
the business and note those businesses that currently have a recycling program.
"How- To-Recycle" brochures will be sent to the largest 50 businesses. The
recycling coordinator will follow-up with these businesses to perform a waste
audit and provide technical assistance in setting up a recycling program. The
database will be updated accordingly.
Phase 3
"How- To~Recycle" brochures will be sent to the next largest 50 businesses in
each business type. Againj the recycling coordinator will follow-up with the
businesses who respond to perform a waste audit and provide technical
assistance in setting up a recycling program.
Mailing of the "How- To-Recycle" brochure will continue in phases until all
businesses have been contacted and those businesses responding have been
followed up on by the recycling coordinator.
Household Hazardous Waste Drop-Off Program
AVI will conduct an annual Household Hazardous Waste Drop-Off Program for
residents of Dublin. The location for the event will be determined in conjunction
with the City. AVI will utilize Phillips Service Corporation (PSC) as the sub-
contractor to provide the actual services. Please see separate attachment with
PSC scope of services.
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City Facility Recycling
A VI will provide recycling, organic and large item collection to all City service
units. Site visits will be conducted and the level and type of recycling service will
be determined to maximize recycling services.
Special Events Recycling
Solid waste, recycling and portable toilet service will be made available for up to
three city sponsored events at no cost to the City. Services will be based on the
needs of the event.
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Exhibit 10
City of Dublin. CA
HHW Disposal Event Plan
A. Operation of Reservation System
AVI, through PSC, will provide and maintain a complete reservation system. The system
will consist of a toll-free phone number and e-mail address for residents to access for
information on the event and to schedule an appointment. The hotline will be manned
during regular business hours by a dedicated HHW customer service representative. If
the hotline is on another line or unavailable, callers will have access to an automated
voice mail system. The voice mail system (Panasonic KXft TVS200) includes two
dedicated mail boxes for the City of Dublin event; additional mailboxes can be added
upon request. Each mail box has a maximum capacity of 100 messages. Alternatively,
residents may send an email to the AVI dedicated account requesting an appointment or
further information. All voice mail messages and emails will be returned within one
business day.
Our hotline operator will screen residents according to eligibility criteria established by
the City of Dublin. All qualifying residents will receive a designated time slot to
participate in the temporary collection event. Once the appointment has been
established, PSC will mail a confirmation flier to the resident. This flier will contain the
residents' name, address and appointment time, a map and written directions to the site,
and information on acceptable and unacceptable items as well as handling and
transportation instructions, On the reverse side of the flier PSC can include a participant
survey. This survey will be submitted to the City of Dublin for approval prior to its use.
Obtaining Event Permits
AVI, through PSC, will prepare and submit all required State documentation, permits
and notifications for operation of each temporary HHW collection event. As the generator
(City of Dublin) will be required to complete and sign specific portions of the Permit By
Rule Notification form, two copies of all permit information will be submitted to the City
for review and signature as soon as possible after site selection is finalized. The PBR
must be submitted to the DTSC at least 45 days prior to the scheduled collection event.
AVI, through PSC, will prepare and submit all permitting and notifications as required by
local agencies. Furthermore, AVI, through PSC will meet with all appropriate local
agencies in a pre-event emergency responders planning meeting.
Once sjtes are selected. AVI, through PSC, will visit each site, review the site for
operational acceptability, and meet with the site owners to assess concerns and issues
with utilization of the site for HHW purposes. AVI, through PSC, will stay in contact
with the site owner throughout the duration of the project. We will provide evidence of
.
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insurance coverage as required, and will follow up after collection activities to ensure
that the site owner and neighbors have no outstanding concerns or issues with the site
and event.
Operations, Health & Safety, and Contingency Plans
AVI, through PSC, will provide the appropriate site specific Operations, Health & Safety,
and Contingency Plans thirty days prior to each scheduled temporary collection event.
This plan is reviewed and updated annually and immediately following any significant
regulatory or client program changes. The Table of Contents for a standard plan has
been included on the following page. This plan is available for review by the City of
Dublin at any time.
.
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Amador Valley Industries & City of Dublin
Mobile Collection Program Collection
Operations, Health & Safety and Contingency Plan
Table of Contents
Introduction
'- Contract Information
A. Site Information
B. Facility Administrator
C. Contractor Information
E. Contract Administrator
II. Site Work Pia n
A. Site Set-up
B. Collection (Job Description)
C. Spill clean-up and secondary containment
D. Personal protective equipment (PPE) and decontamination
E. Waste Shipment
F. Site Closure
G. Reuseable Exchange Program
III. Site Layout
A. Site Specifications
B. Maps
IV. Health and Safety Plan
A. Site location
B. Description of project
C. Site characterization
D. Site safety and health responsibility
E. Risk analysis by task and associated personal protective equipment
F. Training Requirements
G. Medical surveillance
.
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H. Comprehensive workplan
I. Decontamination procedures
J. Emergency response plan
V. Emergency Contacts
VI. Labeling, Marking and Manifesting
VII. Labpack Instructions
VIII. Bulking Protocol, Evacuation Plan
IX. Reporting Forms
X. Approvals
Event Locations
Each HHW Collection event will be conducted on publicly and/or privately owned
facilities. All sites must be readily accessible to the public and contain paved surfaces.
A dedicated PSC Project Manager will accompany Amador Valley Industries and the
City of Dublin on all site.-walks and provide an evaluation of potential event locations.
Turnkey Services
The following will summarize the AVI on-site operations, on-site personnel
responsibilities, and off~site waste transportation and management plans for a temporary
collection event.
Site Set-up and Event Preparation
. Permit applications will be prepared by PSC, submitted and permits acquired
by the District.
. Labor needs and specific equipment requests will be confirmed between
PSC, Amador Valley Industries and the City one-week in advance. Vendors
and subcontractors will be notified in writing of event details. City staff may
review these notifications if requested.
. With the aid of technicians, equipment and materials will be loaded onto
equipment trucks the day prior to the event day.
. Equipment will be delivered to the site the morning prior to the HHW
collection.
. PSC staff will complete set-up of the entire site. The Amador Valley
Industries representative will specify site set-up details.
. Packaging areas will be double lined with 6 mil. visqueen by technicians.
. Sorting tables will be lined with visqueen and placed per the set-up plan.
. Dumpsters will be lined with dumpster liners and prepared for use.
.
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· Canopies will be set-up over all waste processing areas.
· Emergency eye wash and shower stations will be established and set-up.
· A decontamination station and break area will be set~up.
· Signage (no smoking etc.) and spill response stations will be established.
· Waste packaging segregation zones will be established and clearly marked.
· Bulking berms will be set-up for material bulking areas.
· Vehicle ingress, egress and queuing will be established and marked with
cones.
· A full drum staging area will be identified and lined with visqueen.
· The site will be ready for operation 1/2 hour prior to the first scheduled
appointment
· A site safety meeting will be held prior to event opening conducted by the
PSC Project Manager
Event Operations
PSC will provide staffing for the following event positions/tasks.
Unloading (Technician)
The unloader will have the following responsibilities_ Once the vehicle has
stopped, and the engine has been turned off, the unloader will remove the waste
material from the vehicle. It will be the responsibility of the unloader to ask the
participant the identity of the material being unloaded. Special attention will be
given to unlabeled materials, and those with conflicting markings/labels. The
unloaders will be careful not to accept any of the materials on the unacceptable
list. Lab grade chemicals coming from homeowners or businesses will be
identified as they are unloaded as these could be the source of explosives or
radioactive materials.
Unloaders will only put the materials on the top of the waste carts for movement
into and around the facility. It will be the responsibility of the unloader to
communicate to the sorters, labpackers, and HazCat personnel any information
on the identity of each customer's waste. In the event of an evacuation, like the
greeter, the unloading personnel will instruct the customers to exit their vehicles
and accompany them to the evacuation assembly area.
Sorting/Screening (Chemist)
Sorting personnel will sort materials from the carts into the appropriate
loosepack, labpack, and bulk waste streams. They will utilize their experience
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with materials management and material cheat sheets to determine the
appropriate segregation of each material.
The sorting personnel will be responsible for a majority of the facility packaging.
Materials will be moved from the screening area to packaging areas and packed
by the sorters.
Laboratory/Unknown Identification (Chemist)
In this area personnel will characterize unknown materials using HazCat
techniques. Care will be taken while running these tests that incompatible
materials are not mixed, and that the testing apparatus is not creating additional
hazards. Persons working in this area will pay close attention to the materials
being tested to avoid hazardous reactions.
Once identified, the materials will be returned to the sorting area to be packed. It
is the responsibility of the HazCat personnel to communicate to the sorting
personnel the hazardous nature of the materials being returned.
Waste Packaging
. After screening has occurred, the wastes will be packaged in various. Packaging
activities may include bulking latex paints, oil and antifreeze, labpacking pesticide
materials or loose packing oil base paints.
Waste Acceptance Protocol
Unacceptable Waste
PSC treatment facilities are permitted by the federal and state govemment to
accept most types and hazard classes of waste induding dangerous waste,
extremely hazardous waste, liquid, solid and compressed gasses. The few types
of waste we are not permitted to handle at HHW sites include:
. Explosives or explosive waste. with the exception of surface flares
. Ammunition
. Biological, biohazard or medical waste, with the exception of syringes
. Radioactive waste
. Large compressed gas cylinders
. Business generated waste (unless CESQG)
. Solid Waste (household garbage)
. Water Reactives
.
. Residents will not be allowed to bring in more than two (2) 30-gallon size bags of
asbestos
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Page 117
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PSC has the ability to subcontract and manage the above waste streams if they are
inadvertently accepted at the facility. Disposal pricing for the above wastes will be the
responsibility of AVI.
Site Tear-down
All collected wastes are shipped from the sites on the date of collection. While wastes
are being loaded for shipment, the site will be tom down and returned to its original
condition before PSC leaves the site that afternoon or evening. Although de-mobilization
is a priority for PSC, the time it actually takes may vary depending on participation and
waste volumes.
Material Reuse Table
Should the City of Dublin elect to include a reuse table as part of temporary event
operations, the following operations and procedures will be initiated. PSC personnel
responsible for unloading, sorting and packaging of waste will have direction and protocols
for the identifying and segregating of potentially reusable materials. All materials to be
sorted for potential reuse should have legible labels, be legal products, be over one half full
and in uncrushed, non-leaking, orIginal containers. Such products will be segregated onto
a special cart, which will then be taken to the Reuse Table and made available to the public.
PSC will require that the City of Dublin provide the final decision on exchanging of
materials. As good business practice and recent legislative activity require, PSC has
developed, and includes as part of our standard site work plan, operations and quality
control procedures for operating reuse programs as described bel<?w.
Waste Management
PSC recognizes the commitment to the waste management hierarchy that promotes
source reduction, reuse, and recycling above other management methods such as
incineration and landfilL PSC will ensure that the most appropriate waste disposal
methods are available for the household waste collected. PSC will evaluate each waste
stream received on an ongoing basis. We will continually determine the available
technologies and our current capacity for managing the waste according to the following
hierarchy of waste management practices.
1. Waste reduction 4. Waste treatment
.
2. Waste recycle
3. Waste reuse
5. Waste Incineration
6. Landfill
The table below lists the recommended packaging methods and management for each
waste stream anticipated to be handled through the HHW collection event. Waste shall
be segregated and packaged according to the requirements of the disposal facility.
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Page 118 City of Dublin
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Category Handling Method Waste Management
Method Used
Flammable & Poison
Flammable solid/liquid LoosepacK Fuel Blend
Bulked flammable liquids Bulk Fuel Blend
Oil-base paint Bulk or Loosepack Fuel Blend
Poison (excl. aerosols) Loosepack Destructive Incineration
Reactive and explosive Loosepack Destructive Incineration
Acid
Inorganic acid Labpack Treatment
Organic acid Labpack Treatment
Base
Inorganic base Labpack Treatment
Organic base Labpack Treatment
Oxidizer
Neutral oxidizers Labpack Treatment
Organic peroxides Lab pack Destructive Incineration
Oxidizing acid Labpack Treatment
Oxidizing base Labpack Treatment
PCB-containing
PCB-containing paint Labpack Destructive Incineration
Other PCB waste Labpack Destructive Incineration
Aerosol
Corrosive aerosols Loosepack Destructive Incineration
Flammable aerosols Loosepack Fuel Blend/Recycling
Poison aerosols Loosepack Destructive Incineration
Reclaimable
Antifreeze Bulk Recycle
Car batteries (REBATE) Palletize Recycle
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Fluorescent bulbs Loosepack Recycle
Latex paint Bulk Recycle
Motor oil/oil products Bulk Recycle
Oil filters Loosepack Recycle
Mercury (metallic) Labpack Recycle
Other
Medical waste Labpack Autoclave
Household batteries Loosepack Recycle/Landfill
Asbestos Loosepack Landfill
Reporting
PSC requires waste be sorted and packaged to D.O.T. requirements, and not beyond,
for acceptance into our facilities. PSC has developed a one-page labpack certification
form for labpacked materials. The form will be preprinted with all required information,
and then signed by the designated staff person packaging the drum.
PSC will provide the proper shipping papers including manifests, bills of lading (BOL),
land disposal restriction forms (LDR)s, and labels. Shipping papers will comply with all
applicable local, state, and federal regulations including California DTSC, US EPA, and
US DOT as well as those specific requirements of the receiving facilities. PSC will
provide pre-printed shipping documents available for review prior to shipment.
.
Regular reports will include information from the collection event(s) and will cover an
array of topics including basic waste volume and types, general participation rates, and
program costs. PSG will prepare the California Integrated Waste Management Board
(CIWMB) Form 303 for each collection event The Form 303 will be submitted with each
invoicing package as well. PSC is pleased to provide both a hard copy and electronic
copy of the Form 303.
Statement of Experience
PSC Overview
PSC is a fully integrated resource recovery and industrial services company providing
steel, copper and aluminum processing and recovery service, solid and liquid by-
products recovery, and industrial and remediation services throughout North America.
PSC currently employs over 5,000 people and operates 120 facilities and offices across
North America.
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Page 120 City of Dublin
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The PSC entity, which will service this project, is 21st Centurv EMI. a whollv owned
subsidiary of PSC. The parent company, PSC, holds the overall insurance, bonding and
liability coverages for the companies. Operationally, 21st Century EMI will provide
Project Management and Waste Transportation Services. PSC operates the primary
TSDF facilities to which the City's waste will be sent and initially processed. treated and
recycled.
PSC Transportation and Disposal Qualifications
PSC will Philip Transportation & Remediation Inc. (PTR), a PSC company, as the
primary transporter for the City of Dublin's Program. PTR has been building this
transportation fleet since 1969 and is one of this country's safest hazardous waste
transportation companies. PTR is licensed in all 50 United States.
Disposal Facilities
PSC treatment facilities carry all the necessary local, state, and federal pennits, licenses,
and certifications to manage the City of Dublin's household hazardous waste. As the
owner and operator of a large network of Treatment and Recycling facilities. PSC
guarantees that, once shipped, the waste will be accepted immediately off the
transportation vehicle and managed as soon as possible thereafter.
Primary Receiving Facilities
PSC possesses extensive in-house capabilities for the consolidation, processing,
treatment and recycling of hazardous waste. Waste will be recycled. treated or rendered
non-hazardous within one receipt at our own treatment facilities. If waste requires final
processing or disposal, PSC has contracts and relationships with all major firms and a
number of specialty waste disposal firms throughout the United States.
Upon request by the City, PSC will provide complete facility audit information including a
detailed physical description of each primary receiving facility, its capabilities, materials
accepted, licenses, pel1Tlits, and compliance history.
Secondary Receiving Facilities
Once accepted into a PSC facility, wastes will be processed as soon as possible utilizing
waste management hierarchy (Reduce, Reuse, Recycle, Fuel Blend, Treatment,
Incinerate, Landfill) by treating and recycling as much waste as possible in the plant. If
the materials cannot be managed in plant. such as those items requiring incineration or
hazardous waste landfilling, they will be sent on to companies with which PSC has had
long-standing relations and who have met our external audit requirements.
The end disposal firms we use all have long-standing contracts with PSC Services. Each
facility is audited on a routine basis and is approved for a specific end disposal function.
PSC believes it is prudent to have at least two end disposal subcontractors for each
disposal function to ensure both management capacity and variety of waste
management options for our customer's waste.
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List of Primary Facilities
Facility Location Facility Description EPA 10 Number
INGLEWOOD, CA
RCRA Part B facility, with a bulk storage capacity of CAD OOa.364-432
425 Isis Avenue 276,000 gallons and drum storage of 2,156 drums. This
Inglewood, CA 90301 facility specializes in the recovery and blending of high
purity halogenated solvents for the electronics and air-
conditioning industries.
KENT. WA RCRA Part B facility, CERCLA approved, with bulk WAD 991.281.769
20245 77th Avenue storage capacity of 500,000 gallons and drum storage of
South approximately 6,000 drums. This is PSC's primary
facility for handling HHWand CESQG wastes in the
Kent, WA 98032 Western United States. This facility provides
consolidation of liquid and solid labpacks for treatment
and incinsration, sotting and processing of latex paint
for recycling, automated consolidation of loosepack
flammables, depressurization of asroso/s and
stabilization.
FERN LEY
2095 Newlands Dr East Farnley is a TSDF that manages wastewater, corrosives NVD 980-895-338
Farnley, NV 89408 treatment and metals recovery.
.
Insurance
PSC will provide all required insurance coverage including additional insurer's listing,
and bonding coverage.
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Exhibit 11
City of Dublin, CA
Vehicle Specifications
Garbage Collection Vehicles
1. Manufacturer and Model
.
A. Cab and Chassis
B. Body
C. Engine
D. Transmission
2. Number of Vehicles
3. Cab and Chassis:
Au. Cab Height
B. Walk-In Cab
C. Number of Axles
D. Dual Drive
Auto Car
Heil Automated
Cummis - ISL 8.3 G
Allison 3000 RDS 5spd
3
94
inches
yes
x
no
2
x
ves
no
E. Overall Approximate Length With Body Mounted: 504
4. Body:
A. Type of Body (open-top, closed body, etc.) Heil Automated Closed Bodv
B. Rated Capacity 33
C. Practical or Net Capacity 33
D. No. of Bins or Compartments N/A
E. Net Capacity of Each Bin or Compartment N/A
F. Overall Body Length - Overall 276
G. Body Height - Overall 142
H. Body Width - Overall 96
I. Loading Height Above Ground: Minimum
inches
cu.yd.
cu.yd.
cu.yd.
cu.yd.
inches
inches
Maximum
N/A Automated Arm
N/AAutomated Arm
inches
inches
inches
J. Materials of Construction
Steel
.
K. Weight: GVW 58.000
Ibs Tare 17.750
Ibs
~
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Exhibit 11 (Cont)
City of Dublin, CA
Vehicle Specifications
Recyclables Collection Vehicles
1. Manufacturer and Model
A. Cab and Chassis
B. Body
C. Engine
D. Transmission
2. Number of Vehicles
3. Cab and Chassis:
A. Cab Height
B. Walk-In Cab
Auto Car
Heil Automated
Cummis ISl8.3 G
Allison 3000 RDS 5 spd
3
94
inches
yes
x
no
.
C. Number of Axles 2
D. Dual Drive X yes
E. Overall Approximate length With Body Mounted: 504
4. Body:
A. Type of Body (open-top, closed body, etc.) Heil Automated Closed
B. Rated Capacity 33
C. Practical or Net Capacity 33
D. No. of Bins or Compartments N/A
E. Net Capacity of Each Bin or Compartment N/A
F. Overall Body Length - Overall 276
G. Body Height - Overall 142
H. Body Width - Overall 96
I. Type of Body Loading (manual, automated, etc.) N/A Automated Arm
J. Loading Height Above Ground: Minimum N/A
Maximum N1A
no
inches
cu.yd.
cu.yd.
cu.yd.
cu.yd.
inches
inches
inches
inches
inches
K. Materials of Construction
Steel
.
~<;,!:Qr~,
~~... .{~
'~I
.{.;ajf1.~1i
Page 125
Collection Service Agreement
I ';;7 rJb \ 3.,
Ibs
L. Weight: GVW 58.000
5. Will the vehicles be owned, leased, or other?
6. Purchase cost of each vehicle
7. Fueltype
8. Fuel usage
9. Emissions rating
A. CO
B. He (total hydrocarbons)
C. NOx
D. Particulate Matter
10. Safety Features
11. Color
mpg
Gas: 1.3 Diesel: 2.0
Gas: N/A Diesel: N/A
Gas: N/A Diesel: N/A
Gas: .01 Diesel: .10
Fullv Automated
White and Green
g/bhplhr
glbhp/hr
glbhp/hr
g/bhp/hr
Page 126 City of Dublin
.
.
.
{3~ Vb 1!;P1
Collection Service Agreement
.
Exhibit 11 (Cant)
City of Dublin, CA
Vehicle Specifications
Organic Waste Collection Vehicles
1. Manufacturer and Model
A. Cab and Chassis
B. Body
Autocar
Heil Automated
inches
no
.
no
inches
cu.yd.
cu.yd.
cu.yd.
cu.yd.
inches
inches
inches
inches
inches
K. Materials of Construction
Steel
.
Page 127
Collection Service Agreement
I Y1 Ob r3&f
L. Weight: G\f\N 58.000
5. Will the vehicles be owned, leased, or other?
6. Purchase cost of each vehicle
7. Fuel type
8. Fuel usage
9. Emissions rating
A. CO
B. He (total hydrocarbons)
C. NOx
D. Particulate Matter
10. Safety Features
11. Color
Ibs
Gas: 1.3 Diesel: 2.0
Gas: N/A Diesel: N/A
Gas: N/A Diesel: N/A
Gas: .01 Diesel: .10
Fully Automated
White & Green
glbhp/hr
g/bhp/hr
g/bhp/hr
g/bhp/hr
Page 128 City of Dublin
mpg
.
.
.