CC - Item 2H - Consolidated Disposal Cost of Living IncreaseE M F
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: ANDREW C. LAZZARETTO, CITY MANAG
LKD
DATE: OCTOBER 24, 2006
SUBJECT: CONSIDERATION OF REQUEST FROM CONSOLIDATED DISPOSAL
FOR A COST OF LIVING INCREASE EFFECTIVE JANUARY 1, 2007
AND AMENDMENT NO. 4 TO EXISTING AGREEMENT
SUMMARY
Attached for your consideration is a letter from Consolidated Disposal Services (CDS)
requesting an increase in their residential rates of 6.61% and commercial rates of
7.64% to be effective January 1, 2007- These rates include a, one time only, additional
increase to cover the extraordinary increase in gas prices over the past year.
Furthermore they are requesting that the contract be amended to change the annual
adjustment date from August 15' to January 15' to coincide with the change in the
effective date of the Sanitation District's annual tipping fee increase. Staff is also
requesting that the City Manager be provided the authority to implement the annual rate
increase, provided it does not exceed the formula in the agreement. These two
changes would be included in Amendment No. 4 to the contract.
Staff Recommendation
Staff recommends that the City Council approve amendment No. 4 to the agreement
and schedule the hearing for the rate increase for the November 14`h meeting.
ANALYSIS
The current agreement between the City and CDS includes an annual cost of living
formula that is based on a combination of the consumer price index (70 %) and the
Puente Hills Landfill increase (30 %). Since the price of fuel has increased 45.5% from
June 2005 to August 2006, CDS is requesting a one time additional charge to cover
this. The increase in residential rates with the fuel factored in would result in an increase
from $15.24 to $16.25.
Background
On September 27, 2005 the City Council approved CDS's request for their annual rate
adjustment which amounted to an increase of 3.7% for residential and 4.3% for
commercial. The monthly residential rate went from $12.00 to $12.44. In a separate
APPROVED FOR CITY COUNCIL AGENDA:
City Council Meeting
October 24, 2006
Page 2 of 3
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action at that meeting, the Council continued CDS's request for a fully automated green
waste and residential recycling program, including changes in the bulky item pick -up
program.
The City Council discussed their request for a fully automated pick -up program at the
October 11th Council Meeting. Also included in their proposal was a year round bulky
item pickup program that would take place on the same day as the trash pick -up.
Residents would be limited to 25 items per year and would be required to call 24 hours
in advance. E -waste and tires would be considered bulky items. After discussing the
item at length, the City Council continued the item to the November 22nd meeting.
At the November meeting the City Council approved the year round bulky item pick up,
effective January 1, 2006. The Council also approved an automated residential
recycling program effective May 1, 2006. The green waste program remained a manual
system. The action resulted in residential rates increasing from $12.44 per month to
$15.24 per month.
At the June 13, 2006 Community Development Commission Meeting, a representative
from the Sanitation District gave the Commission a presentation on the challenges
facing our cities and counties in the disposal of solid waste. It was their opinion that it
was unlikely that new landfills or extensions of current sites will be approved. This has
a direct impact on both cities and the solid waste industry. Landfill tipping fees will
continue to increase and since they are 30% of the formula, we expect continued
increases in trash rates. As indicated in the attached CDS letter, the Puente Hills
Landfill went from $18.13 to 22.65 per ton on January 1, 2005. A year later it went to
$24.43 per ton and it will go to $26.20 per ton effective January 1, 2007.
Discussion
Considering the major increase in gas prices over the past year, staff is recommending
that CDS be granted the opportunity to recover some of their additional fuel related
costs. As indicated in their attached letter, this will be a one time charge unless they
experience the same situation.
In addition to the attached letter and Amendment No. 4, 1 have submitted a copy of the
current agreement along with the three amendments.
LEGAL REVIEW
The City Attorney has prepared the fourth amendment in accordance with the current
agreement. Furthermore he is recommending that formal action on the rate increase be
taken at the next scheduled meeting in order to provide published notice in advance of
the action.
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City Council Meeting
October 24, 2006
Paqe 3 of 3
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PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Attachment A: Letter from CDS dated October 19, 2006
Attachment B: Amendment No. 4 to the CDS contract
Attachment C: CDS Contract
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CO3NSOLIDATED DISPOSAL SERVICE
A Subsldlary of * REPUBLIC SERVICES, INC.
October 19, 2006
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2195 E. 68th 61reat
Mr. Andy La7 aretto
City Manager Lang Beach CA 90905
City of Rosemead
8838 East Valley Blvd, r pie fsszf 5a»no
Rosemead, CA 91770
RE: Application for .Adjustment of Waste Collection and Disposal Rates for year 2006 -2007
Dear Mr. Larzaretto:
Consolidated Disposal Service hereby submits its annual request for adjustment of the waste
collection and disposal rates for the City of Rosemead. This application is based on the
franchise agreement's formula for rate adjustments based on CPI and disposal fee increases.
Furthermore, Consolidated makes its revised request with the understanding that the Bighorn
decision does not make Article XM procedures applicable to the requested increase and
that we are prepared to bear the risk attendant on proceeding in this manner.
As per our contract with the City of Rosemead and Consolidated Disposal Service, CDS has
consistently used the rate adjustment formula set forth in the Franchise Agreement with a
yearly rate adjustment effective date of August la. Consolidated Disposal Service
respectfully request your consideration in changing the yearly rate adjustment effective date
from August 1" to January I"', due to the fact that in 2004, the County Sanitation District
changed their yearly gate fee increase date from July 1` to January 1. Therefore,
Consolidated Disposal Service request that the Rosemead City Council consider amending
our contract to change the yearly effective date of our rate adjustment from August 1" to
January 1st or to the date in which the Sanitation District changes their yearly gate fee
increase.
Consolidated Disposal Service requests the following rate adjustment with a new effective
date of January 1, 2007. The Consumer Price Index reported by the Department of Labor
Bureau of Statistics for the Los Angeles- Anaheim - Riverside area for period June 2005 to
August 2006, has increased by 5.58 %. Unfortunately, the cost of fuel continues to rise. In
June 2005 thru August 2006 fuel increased by 45.5 %, as per the US Department of Energy,
Retail On- Highway Diesel Prices. In the event that fuel continues to drop this fuel
adiustment regpe�t will be a one time reoue - Also, the Sanitation District raised its disposal
fee on January 1, 2005 at Puente Hills Landfill from $18.13 to $22.65 per disposable tons.
They again increased their gate fee on January 1, 2006 to $24.43 per ton and will increase to
$26.20 on January 1, 2007, The South Crate Transfer Facility has also increased their rates
from $36.55 per ton to $3822 per disposable tonnage and the Commerce Waste to Energy
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Facility increased their gate fee from $42.00 ton to $53.00 per ton. We therefore, submit the
following rate adjustment for your review and approval.
bate Adinvtment Formula Residential
The nrte adjustments fornnula to be applied is as follows:
Rate Ad'astment Formula ICorninereigi
The rate adjustments formula to be applied is as follows:
Consolidated Disposal Service requests that the rate adjustment of 6.61% as computed above
be applied uniformly to all residential customers and 7.64% to all commercial/industrial
customers in the City of Rosemead. Please refer to the attached page for a computation of
rates.
Consolidated respectfully requests that the City Council consider this rate adjustment
application and that the new rates be approved to take effect January 1. 2007.
Thank you for your consideration in this matter.
Should you have any question regarding this application or any other matter, please do not
hesitate to call me at (562) 663 -3453.
Sincerely,
Richard Fierro
Director of Community Affairs
Enclosures — Work Sheets
Residential Rates:
New Rates
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Category
Current
Rate
100.27
New
Rate
Single Family Dwelling - Residential Curbside one 100 Gal Cart
$
15.24
$
16.25
Multiple Family Dwelling - Detached Units On A Single Lot: First Unit
$
15.24
$
16.25
Each Additional Unit
$
12.31
$
1313
Multiple Family Units - Attached Units ( Apartments and Condos)
And Mobilhome Parks: First Unit
$ 15.24
$
16.25
Each Additional Unit
$
10.02
$
10.68
Special Qualified Senior Citizen Hardship Rate / For Residential
Curbside Service
$ 10.14
$
10.81
Special Qualified Handicapped Citizen / Backyard Collection Rates
For Single Family Residences:
$ 15.24
$
16.25
Additional 100 Gallon Cart
$
2.14
$
2.28
Special One -Time Pick -Up Cost For Pick -Up And Disposal Of
Appliances, Furniture And Bulky Items
$ 15.89
$
16.94
Residential - Special One -Time Drop -Off And Collection of A
3 -Cubic Yard Bin
Pick Up / Delivery Charge
$
54.98
$
58.61
Each Dump
$
22.18
$
23.65
Total
$
7716
$
82.26
Residential - Special One -Time Drop -Off And Collection of A 10 to
40 Cubic Yard "Roll -Off' Container
$ 430.19
$ 458.62
Overweight 7 Ton Limit
$
52.66
$
56.14
Daily Rental After Seven Days Without A Dump
$
15.00
$
15.99
Dead Run
$
75.00
$
79.96
Commercial Rates
3 Cubic Yard Bins
CURRENT RATE
Without
Forklift Forklift
1 Da P/U
100.27
110.29
2 Da P/U
152.19
167.38
3 Day P/U
206.48
227.11
4 Da P/U
261.15
287.26
5 Da P/U
322.65
354.92
6 Da P/U
369.59
406.58
1 1/2 Cubic Yard Bins
NEW RATE
Without
Forklift Forklift
1 Day P/U
107.93
118.71
2 Da P/U
163.81
180.16
3 Da P/U
222.25
244.45
4 Da P/U
281.09
309.20
5 Da P/U
347.29
382.02
6 Da P/U
397.81
437.63
CURRENT RATE NEW RATE
Without
Forklift Forklift Forklift Forklift
1 Da P/U 1 6T471 74.21 klDay P/U 1 72,621 79.88
Without W
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Category
Current
Rate
New
Rate
Commercial - One -Time Drop-Off And Collection Of A 3 -Cubic Yard Bin
Pick U / Delivery Charge
$ 67.30
72.44
Each Dump
$ 35.13
37.81
Total
$ 102.43
110.25
Commercial - Special One -Time Drop -Off And Collection of A 10 to
40 Cubic Yard "Roll -Off' Container
$ 392.35
422.31
Overweight 7 Ton Limit
$ 50.12
53.95
Daily Rental After Seven Day Without A Dump
$ 15.00
16.15
Dead Run
$ 75.00
80.73
Commercial - Special One -Time Drop -Off And Collection Of A 30
Cubic Yard Compactor Container
$ 519.72
559.41
Overweight 9 Ton Limit
$ 50.12
5195
Daily Rental After Seven Days Without A Dump
$ 15.00
16.15
Dead Run
$ 75.00
80.73
Commercial - Special Barrel Service for Qualified Commercial,
Limited Use Customers. Max 2 -35 gallon cans 1 time per week
$ 6827
73.48
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FOURTH AMENDMENT TO
EXCLUSIVE REFUSE COLLECTION AND RECYCLING
FRANCHISE AGREEMENT
This agreement made and entered into this day of 2006, by
and between the CITY OF ROSEMEAD, a municipal corporation, hereinafter referred to as City
and CONSOLIDATED DISPOSAL SERVICE, a subsidiary of REPUBLIC SERVICES, INC.,
hereinafter referred to as Contractor hereby amends that certain agreement made and entered into
effective August 1, 1991, and amended effective January 11, 1994, June 25, 1996, and November
22, 2005, between the parties, hereinafter referred to as Agreement.
NOW THEREFORE, the City and the Contractor agree as follows:
1. The effective date of the annual rate adjustment provided for in Paragraph F(2) of
the Agreement is hereby changed from the August 1 anniversary date of the
franchise to January 1 of each year. This change shall be effective for the August
1, 2006 adjustment, which shall become effective January 1, 2007, and for each
subsequent rate adjustment.
The annual rate adjustment provided for in Paragraph F(2) of the Agreement may
be approved by the City Manager rather than the City Council provided that the
requested increase is computed in accordance with the formula set forth therein.
IN WITNESS WHEREOF, the City by order of its City Council and the Contractor by
order of its Board of Directors, have caused this Fourth Amendment to Agreement to be executed
on
ATTEST:
City Clerk
CITY OF ROSEMEAD
Gary Taylor, Mayor
CONSOLIDATED DISPOSAL SERVICE, a
subsidiary of REPUBLIC SERVICES, INC.
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EXCLUSIVE REFUSE COLLECTION AND RECYCLING
FRANCHISE AGREEMENT
THIS AGREEMENT is made and entered into effective, the 1st day of August,
1991, by and between the CITY OF ROSEMEAD, a municipal corporation, hereinafter
referred to as City, and CONSOLIDATED DISPOSAL SERVICE, Inc., hereinafter
designated as Contractor.
The City and Contractor agree each with the other that, for a period of five (5)
years from after the 1st day of August, 1991, the Contractor shall have sole right to
collect, haul and dispose of all refuse and conduct a comprehensive recycling program in
the City of Rosemead in accordance with the following terms and conditions:
A. DEFINITIONS
1. City shall mean the City of Rosemead, California.
2. City Attorney shall mean the Rosemead City Attorney.
3. City Clerk shall mean the Rosemead City Clerk or her authorized designee.
4. City Council shall mean the Rosemead City Council.
5. City Manager shall mean the Rosemead City Manager or his authorized designee.
6. Contractor shall mean Consolidated Disposal Service, Inc.
7. Handicapped shall identify a person who satisfies the Department of Motor
Vehicles requirements for the issuance of a handicapped parking permit.
8. H.D.P.E. plastic shall mean high density polyethylene such as milk jugs, liquid
detergent and motor oil bottles.
9. P.E.T. plastic shall mean poly - ethylene terepbtalate such as plastic soft drink
bottles.
10. Recyclable material means any one or more of the following categories of
materials collected and recycled from within the City:
A. Newspapers;
B. Aluminum cans;
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C. Glass;
D. P.E.T. and H.D.P.E. plastic containers; and
E. Such other materials, as, from time to time, as may be commercially
reasonable to collect and reuse.
11. Refuse shall mean "garbage' and "combustible and non - combustible rubbish,
"miscellaneous debris" and "combined rubbish" as those terms are defined in
Chapter IV, Article V of the Rosemead Municipal Code.
12. Resident shall mean the owner, occupant, tenant or manager of private residential
property or other use of private residential property.
13. Senior Citizen shall mean a customer who is at least 62 years old.
14. Tipping charges shall mean the per ton charges, including any surcharges, imposed
by the Los Angeles County Sanitation District, for dumping waste.
B. WORK TO BE DONE
The work to be done under this Agreement shall include the furnishing of all
labor, material, equipment and expenses necessary to perform the following
minimum services:
1. Collection, hauling and disposal of refuse from the premises of any and all
residents and businesses in the City, at the regularly scheduled intervals, and at
the rates as provided herein. Said work shall include regularly scheduled pick -up
of refuse once a week from curb or alley. Contractor shall also provide regularly
scheduled and one -time special container (bin) service to any residence requesting
such service.
2. Collection from City facilities as follows:
(a) City Hall - Contractor shall, at no charge, furnish sufficient bins and shall
pickup and remove the contents of said bins on a schedule approved by the
City Manager.
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(b) Parks and Recreation Department - At the Community Center, Zapopan
Park, Garvey Park, Rosemead Park and the City Maintenance Yard,
Contractor shall, at no charge, furnish sufficient bins and shall pickup and
remove the contents of said bins on a schedule approved by the City
Manager.
(c) City Litter /Trash Receptacles - City owns approximately 32 litter and trash
barrels, located on the sidewalk at fixed locations on major streets. A
listing of these trash receptacles was provided on Exhibit "E" to the rgquest
for proposals, which is incorporated herein by this reference. Contractor
shall empty and remove the contents of said receptacles throughout the
City not less than three (3) times per week on a schedule approved by the
City Manager. Contractor shall replace the barrel liners at no cost to City.
Contractor agrees to pick up, on these terms and conditions, any additional
litter and trash barrels acquired by the City up to a maximum of 18
additional barrels (a total of 50), during the term of this Agreement.
3. The Contractor shall not be required to remove waste building materials and
other waste materials from the construction, alteration, repair, and moving or
demolition of buildings. However, owners and tenants of residential premises
may put out waste materials for collection by the Contractor if the alteration of
repair work is performed individually by the owner or tenant.
4. Unless otherwise directed by the City, the Contractor shall dispose of all
collections at a site located outside of the City limits.
5. All work required of the Contractor shall be done in a thorough and workerlike
manner to the satisfaction of the City.
C. LOCATION OF COLLECTIONS
Collection of residential refuse will be made either at curbside or backyard (in the case
of qualified handicapped residents).
D. COLLECTION HOURS AND DAYS
1. Unless the City Council determines otherwise, the collection of residential refuse
in the City shall be confined to Monday through Friday between the hours of 6:00
a.m. and 4:00 p.m. Collection may be made on Saturday if a holiday occurs
within the preceding six (6) days. Collection of commercial accounts on Saturdays
shall be scheduled so as to not disturb residential neighborhoods.
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2. If, in the judgment of the City Manager, conditions warrant a temporary departure
from the regular days and hours of collection, the City Manager may authorize
collection of refuse on such days and during such hours as he deems appropriate.
Any permanent changes to the collection schedule must be approved by the City
Council.
3. To the extent reasonably possible, collections on each route shall commence at
the same point, at the same time and follow the same route each time collections
are made.
4. The Contractor shall provide sufficient workers and equipment to complete within
one day the collection of all refuse placed for collection in any mutually agreed
upon collection district within the City on the given collection day.
E. COLLECTION SCHEDULE
1. The schedule of collections shall be subject to the approval of the City Manager.
The Contractor shall prepare and file with the City Manager a collection
schedule, together with a complete map of the refuse collection districts within the
City. He shall indicate thereon in an appropriate and easily understandable
manner the days on which collections shall be made.
2. The collection schedule, when approved by the City Manager, shall be maintained
unless a change therein is first approved, in writing, by the City Manager.
3. Prior to the start of any new collection schedule, as approved by the City, the
Contractor shall, at his own expense, by written notice with postage prepaid and
forwarded through the United States mail or by personal service, notify each
customer of the day or days of the week on which refuse shall be collected. The
notice shall contain the day or days of the week upon which collections will be
made, the name, address and telephone number of the Contractor, and other
information deemed necessary by the City Manager. Said notice shall be posted
in the mail or by personal service to customer served not less than fourteen (14)
days prior to the change of collection schedule. The Contractor shall also cause a
schedule of collections to be published twice in a newspaper of local circulation
once each week for two successive weeks immediately prior to the change in the
collection schedule in a district. The published schedule shall contain the same
information as the written notice outlined above, and shall clearly indicate the
precise area involved in the change.
4. For any given roadway, collections on both sides of the roadway shall be made on
the same day.
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COLLECTION RATES AND BILLING
1. The City and Contractor, as part of this agreement, fix and determine uniform
rates that shall be charged by the Contractor for the collection and removal of
refuse. The rates thus fixed and determined shall remain in effect for the period
prescribed or until changed pursuant to the provisions hereof. The Contractor
shall not charge or collect any fees or rates other .than the fees or rates thus fixed
and determined.
2. The City Council shall, not more frequently than once per year, authorize a rate
adjustment by application of the following formula and procedure to the then
current rates:
Contractor shall be entitled to no rate increases whatsoever until the first
anniversary of the franchise (August 1, 1992).
Effective August 1, 1992 and on subsequent anniversary dates during the term
hereof, Contractor shall be entitled to a rate adjustment based upon the following
formula:
.75 x increase in Consumer Price Index, All items, 1982 -84 = 100 (Los
Angeles- Anaheim- Riverside) from the base month (commencing June,
1991) to the following year's comparison month (June, 1992; June, 1993;
June, 1994; and June, 1995) plus .25 x the percentage change in tipping
fees to arrive at the percentage adjustment to be applied to all rates herein
authorized, PROVIDED HOWEVER that Contractor and City agree that
any increase authorized by the application of this formula shall be limited
to no more than a total of five percent (5 %) for the scheduled rate
adiustments effective August 1, 1992 and August 1, 1993.
Allowable adjustments, based upon tipping fees, shall be based upon the
rates at the Los Angeles County Puente Hills landfill as established by the
Los Angeles County Sanitation District.
Example:
FACTOR % CHANGE PERCENT OF TOTALS
OVERALL COSTS
CPI 4.70% X .75 3.525
Tipping fees 10.00% X .25 IM
Adjustment percentage 6.525
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Thus, the otherwise allowable adjustment percentage of 6.525% is limited by the
overall cap of five percent (5 %).
Contractor and City further agree that any allowable rate adjustments in the
fourth and fifth years of the franchise shall be based upon the rates effective
August 1, 1993 and August 1, 1994 respectively. Contractor shall not be entitled
to any increases to make up for otherwise allowable increases in the first three
years that were limited by the five percent (5 %) cap.
3. The Contractor shall not make or grant any preference or advantage to -any
person, nor subject any person to prejudice or disadvantage with respect to rates,
fees, charges, service, facilities, rules, regulations, or any other respect.
Contractor is specifically authorized to charge a Senior Citizen Hardship rate and
a Handicapped rate for those accounts who meet the following eligibility criteria:
A. SENIOR CITIZEN HARDSHIP RATE - Those
customers, aged 62 and over, who meet the following income
limitations, shall be entitled to the Senior Citizen Hardship
Rate as listed in this Agreement:
Single Income not to exceed $985 per
month
Family (2 or more) Income not to exceed $1,971 per month
Contractor is authorized to require proof of age and an
affidavit of eligibility signed by the customer.
The "not to exceed" income levels listed above shall be
increased to reflect cost of living adjustments on August 1
each year of the franchise.
B. HANDICAPPED RATE - Those customers, who meet
the eligibility requirements of the Department of Motor
Vehicles for issuance of a handicapped parking permit, shall
be entitled to backyard service, at the regular residential rate.
If the handicapped individual also qualifies for the Senior
Citizen Hardship Rate, he or she shall be entitled to
backyard service at the Senior Citizen Hardship Rate as
listed in this Agreement.
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4. Except as otherwise provided herein, Contractor will bill each customer directly
for service and will collect from such customer for same. City shall not be
responsible for collection or payment for such services.
5. Contractor may not suspend its collection and disposal services hereunder to a
customer who has failed to pay a proper billing for services. Contractor shall
make all reasonable efforts to diligently pursue and collect all fees and charges
due Contractor for rendering such services. In the event of a delinquency, the
Contractor shall also notify the owner of the real property of the amount of the
delinquency and the possibility of property tax lien collection.
Contractor shall provide to City, not more frequently than quarterly, individual
letters, postage prepaid, which contain the names of the property owner and
occupant (if different from the owner), the address of the owner as shown on the
latest updated assessment roll, including the assessor's parcel number and
whatever other information is required by the Los Angeles County Tax Collector.
Said letters shall state the amount of delinquency, penalties, late charge(s) and
collection costs. City shall allow Contractor to use the update assessment roll
records available at City Hall. City allows such use as an accommodation only
and does not warrant the accuracy of such records.
The only responsibility of the City pertaining to notice of and public hearing shall
be as follows: The City Manager or his designee shall notify property owners by
sending the letter designated in the paragraph next above. Such notice shall
further declare that the City Council shall at a regular meeting, review and
approve as an assessment against the property the amount delinquent and unpaid,
the amount of the penalty and late charge(s), collection costs, including
administrative costs incurred. If the total assessment determined and approved by
the City Council is not paid within ten (10) days after such determination, then
and in that event, there shall be recorded in the Office of the County Recorder a
statement of the total balance due together with the legal description of the
property affected. From and after the date of such recordation, the balance due
shall be a special assessment against the real property. The assessment shall be
collected at the same time and in the same manner as are county property taxes
and shall be subject to the same penalties and to the same procedure and sale in
cases of delinquency as provided for other taxes and assessments appearing on the
county property tax bill. All laws applicable to the levy, collection and
enforcement of county taxes shall be applicable to such special assessment.
Contractor shall be paid the amount actually recovered by the City on an unpaid
account less 10% (ten per cent). Said payment to Contractor shall be made
within thirty (30) days of the City's receipt of funds.
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6. The Contractor shall obtain the written approval of the City Manager as to the
billing periods used.
7. Each bill shall contain the name, address, telephone number and office hours of
the Contractor, the amount and period being billed, a statement that the
Contractor will provide, upon request, a complete list of the rates for the various
types of services provided by the contractor, a statement indicating how to file a
complaint and how complaints are resolved, as well as the possibilities of recourse
available to customers, the holiday schedule, and any other information necessary
to assist residents as determined by the City Manager. At least 30 days prior to
any rate change, the Contractor shall mail all customers notice of said irate
change.
G. OFFICE. INQUIRIES AND COMPLAINTS
1. The Contractor shall maintain telephone listings in the directories of the
telephone companies servicing the City in the name by which the firm is most
commonly known.
2. The Contractor shall have at all times during the hours between 6:00 a.m. and
5:00 p.m., Monday through Friday, an employee at the Contractor's office to
answer inquiries and to receive complaints.
3. The Contractor shall maintain a written record of all complaints received,
including the name and address of the customer, a description of the complaints,
the time the complaint was received, the action taken in response to the
complaint, and the time the responsive action was taken. The record shall be
kept at the Contractor's office, and shall be available for inspection or duplication
at all reasonable times by the City Manager or his designee.
4. In the event that any customer reports to the City Manager that a complaint or
claim for a damaged container has not been resolved to the customer's
satisfaction, the City Manager may require the Contractor to present a detailed
report outlining the nature of the complaint and remedies proposed or action
taken to resolve said complaint or claim. If it is the opinion of the City Manager
that the Contractor's remedies proposed and action taken are insufficient to
adequately resolve the said complainant claim, the City Manager may require the
Contractor to carry out an alternative remedy process intended to resolve the
complaint or claim, Said remedies will be carried out at no cost whatsoever to the
City, unless otherwise specified by the City Manager.
5. The Contractor shall maintain a location, within the City of Rosemead, where
bills may be paid and service changes may be initiated.
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F.9
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VEHICLES AND EQUIPMENT
1. All trucks and other equipment used to collect, haul or dispose of refuse shall at
all times be kept clean, in good repair, and well and uniformly painted, to the
satisfaction of the City Manager. Contractor shall utilize the equipment specified
in its proposal unless the City Manager approves in advance and in writing,
equipment substitutions.
2. Each truck shall be constructed, used and maintained so that refuse, oil or grease
will not blow, fall or leak out of the truck onto the street. All refuse shall be
transported by means of vehicles equipped with water -tight bodies fitted with
close fitting metal covers. Should any refuse be dropped or spilled in collecting,
transferring or transporting, it shall be immediately cleaned up. A broom and a
shovel shall be carried on each truck at all times for this purpose. Contractor
shall be notified of and given a reasonable opportunity to cleanup any such spills
before the City incurs expenses for such cleanup. All expenses incurred by the
City in the collection and disposal of any such spilled or dropped refuse shall be
paid to the City, on demand, by the Contractor.
3. All refuse- conveying truck or trailer bodies shall be cleaned thoroughly by flushing
with water after each day's use.
4. The Contractor's name and telephone number shall be painted on each side of
the body of each truck. The letters shall be in a color contrasting sharply with
color of the truck, and shall not be less that six (6) inches in height and four (4)
inches in width.
5. The brake system of each vehicle used for collecting, hauling or disposing of
refuse in the City shall be inspected and certified twice each year by the
California Highway Patrol or by a brake inspection station licensed by the
California Highway Patrol. Notice of such certification shall be filed with the City
Manager each August and February. Failure to submit required notice of such
certification may be grounds for terminating this Agreement per the procedure
outlined in Paragraph P - Termination.
6. Each vehicle of three (3) or more axles used for collecting hauling or disposing of
refuse in the City shall be maintained in conformance with the Motor Carrier
Safety Regulations set forth in Title 13 of the California Administrative Code
(Motor Vehicles).
7. The City Manager may cause any vehicle used for collecting, hauling or disposing
of refuse in the City to be inspected and tested at any time and in such manner as
may be appropriate to determine that such vehicle is being maintained in
compliance with the provisions of the Rosemead Municipal Code and the
• i
California Vehicle Code.
8. The City Manager may authorize the removal of any vehicle from service if said
vehicle is found to be in non - conformance with the Rosemead Municipal Code or
the California Vehicle Code. Vehicles shall not be returned to service until duly
authorized by the City Manager.
9. Each vehicle used for collecting, hauling or disposing of refuse shall be equipped
with an audible warning device that is activated when the vehicle is backing up.
10. No vehicle used for collecting, hauling or disposing of refuse shall be loaded in
excess of the manufacturer's gross vehicle weight rating or in excess of the
maximum weight specified by the California Vehicle Code, whichever is less.
Evidence of the manufacturer's name and gross vehicle weight rating shall be
maintained in, or upon, every vehicle.
I. REFUSE CONTAINERS
1. All refuse containers shall be replaced, upright, with the lids immediately beside
the containers. Containers and lids shall not be placed or thrown on the streets,
alleys, highways, or on adjoining property.
2. The Contractor, his agents and /or employees, shall not throw refuse containers
from the truck to the pavement or parkway, shall not cause damage by striking
them against the truck to dislodge contents, or in any other way break or damage
or roughly handle the same.
3. All claims for damage of containers, by reason of the misuse or rough handling of
said containers by the Contractor, shall be presented to the Contractor by the
resident. The Contractor shall make a decision concerning settlement within 48
hours of receipt of such claims.
4. Any refuse container which will no longer hold refuse without spilling, which leaks
or is not water tight shall be replaced by the person from whom refuse is
collected, within ten (10) days after notice from the Contractor stating the
condition of such container. Such notice shall be made by attaching a tag to such
container and indicating thereon the defective condition thereof.
5. The Contractor shall collect and dispose of all cardboard boxes used for the
collection of refuse.
6. The Contractor shall provide large capacity containers (bins) for mechanical
loading wherever customers so request their use, and the use thereof shall be in
accordance with the rates established herein. Each container provided shall have
10
the Contractor's name, or company name, placed and maintained on one or more
locations on the outside in letters not less than three (3) inches in height. The
Contractor shall regularly inspect all large capacity containers, repair or replace
any damaged containers, and maintain an inventory need to meet the demand of
customers. All such containers shall be maintained by Contractor so as not to
leak. All such containers utilized in Rosemead shall feature tight - sealing lids (the
Balanced Lid Systems (or equivalent) bins specified in Exhibit D to the
Contractor's proposal)
Residents electing to use large capacity containers for mechanical loading shall
use such containers exclusively and shall place such container for pickup where
they are readily accessible to the Contractor's equipment.
8. The Contractor shall provide sufficient workers and equipment so as to limit the
time that the bins are placed in the public right -of -way to a maximum of three (3)
hours.
STATUS OF REFUSE
All refuse collected pursuant to this Agreement shall be deemed to be the property of
the Contractor, as of the time the same is received by it, unless otherwise directed by the
City Council of City, in its sole discretion. In the event the City's directions regarding
disposal transfer or processing increases Contractor's costs, Contractor shall be entitled
to a rate increase to recoup these costs. City shall be authorized to require complete
financial data, which demonstrate conclusively the additional costs, before approving such
a rate increase.
K CONTRACTOR'S NAME
The Contractor shall not use the words "Rosemead ", "City ", "Municipal ", "Community" or
other like words in his corporate name or on his equipment.
L. PERFORMANCE BOND
1. Upon being awarded approval for the collection, removal and disposal of refuse in
the City, the Contractor shall file with the City Clerk and shall thereafter during
the entire term of the Agreement maintain in full force and effect a corporate
surety bond or other adequate surety agreement in a form satisfactory to the City
Attorney in the amount of Three Hundred Thousand Dollars ($300,000) for the
Contractor's faithful performance of this agreement.
2. Said bond shall be so conditioned that in the event that the Contractor shall fail
to comply with any one or more of the provisions of the Agreement, then there
shall he recoverable jointly and severally from the Contractor and surety any
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damages or loss, or costs suffered or incurred by the City as a result thereof,
including attorney's fees and costs of any action or proceeding, and the full
amount of any compensation, indemnification, cost of removal or abandonment of
any property or other cost which maybe in default, up to the full principal amount
of such bond.
3. Said bond shall not be canceled, altered or allowed to lapse without at least thirty
(30) days' prior written notice to the City Clerk by the surety.
4. Failure to file or maintain such a bond shall be deemed a breach of the
Agreement, and shall be grounds to terminate the Agreement by the City Council.
M. INSURANCE
1. Contractor shall concurrently furnish to the City and file with the City Clerk, and
at all times during the existence of any franchise granted hereunder, maintain in
full force and effect, at its own cost and expense, a general comprehensive public
liability insurance policy, including coverage for premises - operations, explosion
and collapse hazard, underground hazard, contractual insurance, broad form
property damage, independent contractors; personal injury and comprehensive
automobile liability, comprehensive insurance in protection of the City, its officers,
boards, commissioners, agents and employees, with a company approved by the
City Manager in a form satisfactory to the City Attorney, protecting the City and
all persons against liability for loss or damage for personal injury, death and
property damage, occasioned by the operations of the Contractor under this
Agreement with a minimum of not less than Five Million Dollars ($5,000,000.00)
combined single limit for bodily injury, including accidental death and property
damage.
2. The City, its officers, boards, commissions, agents and employees shall be named
as an additional insureds in any of said insurance policies. Where such insurance
is provided by a policy which also covers Contractor or any other entity or
persons, it shall contain the standard cross - liability endorsement. Such policies
shall contain a provision that a written notice of cancellation or material
alteration in coverage of said policy shall be delivered to the City Clerk thirty (30)
days in advance of the effective date thereof.
Said insurance Policy shall contain the following endorsements:
(a) The naming of an additional insured, as herein provided, shall not affect
any recovery to which such additional insured would be entitled under this
policy if not named as such additional insured; and
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(b) The additional insured named herein shall not be held liable for any
premium or expense of any nature on this policy or any extension thereof;
and
(c) The additional insured named herein shall not; by reason of being so
named, be considered a member of any mutual insurance company for any
purpose whatsoever; and
(d) The provisions of the policy will not be changed, suspended, canceled or
otherwise terminated as to the interest of the additional insured named
herein without first giving such additional insured thirty (30) dayg written
notice; and
(e) Any other insurance held by the additional insured shall not be required to
contribute anything toward any loss or expense covered by the insurance
which is referred to by the certificate.
3. Failure to file or maintain said policy of insurance shall
be deemed a breach of the Agreement, and shall be grounds to
terminate the Agreement by the City Council.
N. CITY HELD HARMLESS
Contractor shall indemnify and hold harmless the City, its officers, boards, commissions,
agents and employees against and from any and all claims, demands, causes of actions,
actions, suits, proceedings, damages, costs and liabilities (including costs on liabilities of
the City with respect to its employees) of every kind and nature whatsoever including,
but not limited to, damages for injury and death, or damage to persons or property, and
regardless of the merit of any of the same, liability for environmental cleanup or
response costs related to the hauling and disposal of the waste and or recyclable
materials that are the subjects of this agreement, and against all liability to others and
against any loss, cost and expense resulting or arising out of any of the same including
any attorney fees, accountant fees, expert witness or consultant fees, court costs, per
diem expense, traveling and transportation expense or other cost or expenses arising out
of, or pertaining to, the exercise or the enjoyment of this Agreement whether such
performance be by the Contractor, his sub- contractor, or anyone directly or indirectly
employed by him, and whether such damages accrue or are discovered before or after
termination of this Agreement.
O. AGREEMENT TERM AND RENEWAL
1. The Contractor shall have the exclusive right to collect, haul and dispose of all
refuse within the City for a period of five (5) years from the effective date of this
Agreement.
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2. The Agreement may be renewed for successive five -year periods or any lesser
period if the City and the Contractor both consent thereto in writing.
Contractor's request for renewal must be submitted no sooner than 3 years and six
months after the effective date of this contract and no later than six months prior
to the expiration date of the contract. The City may establish conditions for
renewal and may require contractor to submit a detailed proposal describing
requested terms of renewal and other pertinent information as deemed necessary
by the City Council. This provision is not intended to confer any renewal rights to
Contractor whatsoever. The City retains the option to seek additional propqsals
at the conclusion of this term.
P. TERMINATION
1. In addition to any other remedy herein provided, or provided by law, the City may
terminate this agreement if the contractor is in default of any term or provision
hereof, including the requirements that performance shall be in a workerlike
manner and otherwise satisfactory to the City; provided, however, that before such
right of termination may be exercised by the City, the City shall give to the
Contractor written notice of such default, specifying the particulars in which the
Contractor is in default, and if such default is cured and satisfactory service
rendered by the Contractor as determined by the City, within 15 days after such
written notice, the agreement shall not be terminated by the City. During the 15-
day period, the contractor may request a hearing before the City Council and
submit evidence in accordance with Section 2 below or any other information
showing that no default has occurred. The City Council shall afford Contractor a
due process hearing during which it considers all pertinent information before its
final determination regarding termination or other remedies.
2. Acts of Cod or acts of other persons or combinations thereof over which the
Contractor does not have control are not subject to complaint as matters of
unsatisfactory or failure of performance by the Contractor. The Contractor is
responsible to show evidence of these conditions to the satisfaction of the City.
3. In the event the Contractor shall for any reason become unable to or fails in any
way to collect or remove refuse as provided herein, and Contractor is determined
to be in default of its contractual obligations after the opportunity for hearing
before the City Council, the City may declare the amount of the performance
bond described herein forfeited to the City.
4. Should this Agreement be terminated for any reason, all accounts receivable
records and route records shall immediately become the property of the City.
14
5. In the event of termination of this Agreement due to breach by the Contractor,
Contractor shall be liable to the City for all loss, damage or expense for which the
City may become liable or indebted to provide replacement service to its residents
and businesses.
6. In the event Contractor is not awarded an agreement to continue to provide the
services required by this Agreement, at the end of the term hereof, or upon
termination for cause prior to the end of the term hereof, then Contractor shall
cooperate fully with City and subsequent Contractor to assure a smooth transition.
Such cooperation shall include, but not be limited to, the following:
A. Providing current and historical records as requested by
the City on customer billing (providing computer tapes of all
accounts); and
B. Maintaining and providing to City as requested Accounts
Receivable; and
C. Providing operating records needed to provide service to
all properties in City (both equipment and staffing
requirements).
C�;Ai]AVV
1. The Contractor shall provide the City Manager, at the times and in the form
prescribed by the City Manager, such reports with respect to the Contractor's
operations as may be reasonably necessary or appropriate to the performance of
any of the rights, functions or duties of the City in connection with this
Agreement.
2. Such reports shall include, but shall not be limited to the following, which shall be
submitted to the City Manager no later than sixty (60) days following the City
Manager's request for same:
(a) A detailed and complete certified financial statement, of the Contractor,
with an opinion prepared by an independent Certified Public Accountant,
for the preceding fiscal year.
(b) An up -to -date list of all vehicles used for collecting, hauling or disposing of
refuse in the City including the make, type, year, license number,
identification number and ownership.
(c) The names, titles and addresses of the owners, officers, directors and
stockholders of the firm.
15
(d) The names and titles of all employees used in providing refuse service for
the City.
(e) A description of all cases of property damage and personal injury that have
occurred while providing refuse service for the City in the last three years.
(f) A description of all traffic citations received in the past three years.
(g) Workers' Compensation Experience Modification Factor for the current
year.
(h) Any reports required in association with Section G (4) of this Agreement.
3. Within thirty (30) days after the end of each fiscal year, Contractor shall provide
the City with a written report which shall include:
(a) An accurate number of residents receiving curbside service.
(b) The total number of multi - family units and number of multi -unit dwellings.
(c) The total number of bins in use for both single- family and multi - family
units.
(d) The total number of bins in use for commercial accounts.
(e) The total number of roll -off containers delivered and collected during the
year.
(f) Total tonnage of refuse collected.
4. The Contractor shall cooperate with and provide all information sought by City in
connection with the preparation and implementation of the waste characterization
study and its recycling and source reduction elements.
R. WORKERS' COMPENSATION INSURANCE
The contractor shall at all times keep fully insured, at his own expense, all persons
employed by him in connection with the performance of this Agreement as required by
the provisions of the labor code of the State of California relating to Worker's
Compensation and insurance and shall hold the City free and harmless from all liability
arising by reason of injuries of any employee of the Contractor incurred in course of
employment hereunder. The Contractor shall file and maintain certificates with the City
Clerk showing said insurance to be in full force and effect at all times during the course
16
of the Agreement. No work shall be done by the Contractor during any period when he
is not covered by insurance as herein required.
S. EQUAL OPPORTUNITY EMPLOYMENT
In providing refuse service for the City, the Contractor shall not discriminate against any
employee or applicant for employment because of race, creed, color, sex, national origin
or physical handicap.
1. The Contractor shall take affirmative action to ensure such non-
discrimination.
2. The Contractor shall post in conspicuous places, available to
employees and applicants for employment, notices setting forth the
provisions of this non - discrimination clause.
3. The Contractor shall, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment
without regard to race, creed, color, sex, national origin or physical
handicap.
T. RECYCLING
1. During the term of this Agreement, CONTRACTOR shall conduct a curbside
residential recycling program in the City of Rosemead. All residential dwellings
on regular curb, alley and backyard service customers for trash pickup shall be
part of the program. Such customers shall be provided a once -a -week pickup
from curbside of newspapers, glass, cans, P.E.T. and H.D.P.E. plastic containers,
placed for collection in the appropriate containers provided by the CITY.
Contractor's fees for this service are included in the rates for residential trash
collection.
Contractor shall provide a program for the separate collection of green
waste.
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2. RESIDENTIAL CUSTOMERS' RESPONSIBILITIES.
A. Contractor shall deliver, at no additional cost to City or customers, to
all residential dwellings on regular curb (i.e. all residences not on bin
service) and to all residential dwellings on backyard (handicapped) service
two (2) plastic containers for the collection and placement for removal of
recyclable materials (newspapers, glass, cans, P.E.T. plastic beverage
containers and green waste as follows:
1 minimum 18- gallon container for commingled recyclable
materials (glass, aluminum cans, plastic beverage containers
and newspaper)
1 minimum 32- gallon container for green waste
B. Residents shall place their recyclables and green waste, in the
collection containers, at curbside (or backyard for qualified handicapped
residents) on their regular scheduled day for trash collection.
3. REVENUE FROM SALES OF RECYCLABLE MATERIALS.
Contractor shall maintain records of the amounts of materials collected
and sold and the revenue received for same. Contractor, in partial
consideration for the services rendered hereunder, shall be entitled to
retain seventy-five per cent (75 %) of the net revenue from the sale of
recyclable materials. Contractor shall donate a minimum of twenty-five per
cent (25 %) of the net proceeds from the sale of recyclable materials,
collected in the City of Rosemead, to non - profit groups which have service
programs in Rosemead and have actively participated in the City's recycling
program. Contractor shall provide City with quarterly reports on the
program revenue and donations made to community groups.
4. PROMOTION OF PROGRAM.
CONTRACTOR shall use its best efforts, in conjunction with CITY, to promote
public awareness of and utilization of the program. Contractor shall provide the
services of its Educational Resource Specialist as outlined in its proposal.
U. ASSIGNMENT
1. Contractor shall not assign any portion of the duties to be performed by it
pursuant hereto, to any person, without the prior written consent of the City being
first obtained. The City shall not unreasonably withhold its consent to any such
proposed assignment, provided that such consent shall not be deemed to have
IF,
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been unreasonably withheld if, after a reasonable investigation, the proposed
assignee is found by the City not to be financially responsible , or not possessed of
sufficient experience or qualifications to perform the obligations of this
Agreement.
V. RIGHTS RESERVED TO THE CITY
1. At all reasonable times, the Contractor shall permit the City's authorized
representatives to examine all property of the Contractor, and to examine and
transcribe any and all records kept or maintained by the Contractor under his
control which pertain to this Agreement.
2. Neither this Agreement nor any provision hereof shall constitute a waiver or bar
to the exercise of any governmental right or power of the City.
3. The City Council may do all things which are necessary and convenient in the
exercise of its jurisdiction under this Agreement, and may determine any question
of fact which may arise during the existence of this Agreement.
4. The City Manager is hereby authorized and empowered to adjust, settle, or
compromise any controversy or charge arising from the operations of the
Contractor under this Agreement, either on behalf of the City, the Contractor, or
any customer in the best interest of the public. Either the Contractor, or any
member of the public, who may be dissatisfied with any decision of the City
Manager, may appeal the matter to the Council for hearing and determination.
The Council may accept, reject, or modify the decision of the City Manager, and
the Council may adjust, settle, or compromise any controversy or cancel any
charge arising from the operations of the Contractor.
W. LEGAL REQUIREMENTS & MISCELLANEOUS PROVISIONS
1. The Contractor shall obtain all permits and licenses required by the City, County,
State and Federal Governments. The Contractor shall fulfill all reporting
requirements to these agencies.
2. Contractor shall comply with all laws, ordinances, rules and regulations of
the State, County, City, and all political subdivisions thereof having
jurisdiction over work done or to be done under this Contract. Contractor
must conform to and abide by all ordinances of the CITY and of the
County and of cities through which waste and recyclables are to be hauled
or wherein such waste or recyclables may be sold or stored.
3. To the extent not superseded by the specific provisions of this Agreement, the
Proposal for The Exclusive Collection, Removal and Disposal of Residential,
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Commercial and Industrial Refuse and An Integrated Recycling Program for the
City of Rosemead, submitted by Consolidated Disposal service on March 15, 1991
and modified by correspondence from Consolidated Disposal Service dated April
3, 1991, April 17, 1991, April 25, 1991, April 26, 1991 and April 29, 1991. Copies
of these documents are attached hereto, collectively referred to as Exhibit "A ",
and made a part hereof by this reference.
4. The provisions of the Rosemead Municipal Code relating to refuse collection and
disposal are hereby incorporated into and made a part of this Agreement, and
whenever the provisions of the Code conflict with the terms of this Agreement,
the terms of said Code shall supersede the provisions of the Agreement.
5. Time shall be of the essence of this Agreement. The Contractor shall not be
relieved of his obligation to comply promptly with any of the provisions of this
Agreement by any failure of the City to enforce prompt compliance.
6. All notices required to be given under this Agreement shall be given by placing
such notices in the United States mail, postage prepaid, addressed as follows: in
the case of notice to the City, City of Rosemead, City Hall, 8838 E. Valley
Boulevard, Rosemead, California, 91770 Attention: City Manager. In case of
notice to Contractor, CONSOLIDATED DISPOSAL SERVICE, INC., 12235 Los
Nietos Road, Santa Fe Springs, California 90670 Attention: John A. Telesio,
President /CEO.
7. This Agreement shall be binding on, and accrue to the benefit of the heirs,
executors, assigns and successors in interest of the parties hereto, subject to the
provisions of Section U above.
8. In the event territory is annexed to the City, and if for the three (3) years
immediately prior to such annexation, refuse collection services were provided by
a refuse collector authorized to perform such services by the local agency having
jurisdiction over such territory prior to annexation, then such authorized refuse
collector may continue to provide refuse collection service in the territory for up
to five (5) years from the date of annexation. Under such circumstances, the
annexed territory shall not be deemed a portion of the City for the purpose of this
Agreement. If the refuse collector authorized to perform such collection services
prior to annexation is the Contractor, then such territory may become a part of
the City for purposes of this Agreement.
9. All disputes arising out of this Agreement shall be subject to binding arbitration,
conducted in accordance with the provisions of this paragraph. In the event of a
dispute concerning the provisions of this Agreement, City shall submit a list of not
less than five (5) retired California Superior Court Judges it deems qualified to
act as the arbitrator. Contractor shall select one of the retired judges who shall
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act as the arbitrator. If the Contractor declines to accept any retired judge on the
City's list, the then Presiding Judge of the Superior Court of Los Angeles County,
or his or her designee, shall appoint a retired Superior Court Judge who shall act
as the arbitrator. The decision of the arbitrator shall be binding on the parties
and shall be enforceable as a final judgment of a court of competent jurisdiction.
Costs of arbitration incurred pursuant to this section shall be borne equally by the
parties.
10. Should litigation including arbitration be reasonably required to enforce any of
the provisions of this Agreement, the prevailing party in such litigation shall be
entitled to receive an award of the attorney's fees in such amount as may be set in
the discretion of the court or arbitrator. The provisions of this paragraph shall
survive the termination of this Agreement.
11. Contractor shall provide Cardio - Pulmonary Resuscitation (CPR) training to its on-
street personnel who serve Rosemead.
X. SEVERABILITY
If any section, subsection, sentence, clause or phrase of the Agreement is for any reason
held illegal, invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions hereof.
Y. EFFECTIVE DATE
This Agreement shall become effective and operative on August 1, 1991, and on said
date shall supersede all prior agreements heretofore executed by and between the parties
concerning any portion of the subject matter hereof, and shall operate as a discharge of
all obligations incurred by either party under any agreements thus superseded.
Z. RATES
RATE STRUCTURE - EFFECTIVE AUGUST 1, 1991
1. SINGLE FAMILY DWELLINGS - RESIDENTIAL CURBSIDE
SERVICE
Monthly cost per unit for regularly scheduled weekly curbside
collection and disposal of residential /household waste, weekly
curbside collection of recyclable materials (glass, newspaper,
aluminum cans, plastic containers) but excluding such items
as appliances, furniture.
$ 7.85 per month per unit
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E
E
2. SPECIAL QUALIFIED SENIOR CITIZEN HARDSHIP RATE/
FOR RESIDENTIAL CURBSIDE SERVICE:
Monthly cost per unit for regularly scheduled weekly curbside
collection and disposal of residential /household waste, weekly
curbside collection of recyclable materials (glass, newspaper,
aluminum cans, plastic containers) but excluding such items
as appliances, furniture.
$ 5.21 per month per unit [subject to
verification of eligibility]
3. SPECIAL QUALIFIED HANDICAPPED CITIZEN /BACKYARD
COLLECTION RATES FOR SINGLE FAMILY RESIDENCES:
Monthly cost per unit for regularly scheduled backyard
collection and disposal of residential /household waste, weekly
curbside collection of recyclable materials (glass, newspaper,
aluminum cans, plastic containers) but excluding such items
as appliances, furniture.
$ 7.85 per month per unit
$ 5.21 per month per unit if the handicapped
individual also qualifies for the senior
citizen hardship rate. [subject to verification of eligibility]
4. SPECIAL ONE -TIME PICK -UP COST FOR PICK -UP AND
DISPOSAL OF APPLIANCES, FURNITURE AND BULKY ITEMS
Not to exceed rate for one -time special pick -up and disposal
of appliances, furniture and other bulky items not eligible for
regular collection.
$10.00 per item.
5. RESIDENTIAL - SPECIAL ONE -TIME DROP -OFF AND
COLLECTION OF A 3 -CUBIC YARD BIN
Rate for one -time drop -off and collection of a 3 -cubic yard
bin at a residential address.
$50.95 per bin, provided bin includes one
collection and delivery to the landfill and rental
of bin for up to seven (7) days. Additional days
and collections require additional fees.
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0
6. RESIDENTIAL - SPECIAL ONE -TIME DROP -OFF AND
COLLECTION OF A 10 TO 40 -CUBIC YARD "ROLL OFF"
CONTAINER
Rate for one -time drop -off and collection of a 10 to 40 -cubic
yard bin at a residential address.
$ 143.59 per load (all sizes), plus tipping fees
(at actual cost). Loads exceeding seven (7) tons ,
net weight will be subject to a $25 /ton
surcharge.
7. MULTIPLE - FAMILY DWELLINGS - DETACHED UNITS ON A
SINGLE LOT
Monthly cost per unit for regularly scheduled weekly curbside
collection and disposal of residential /household waste,
excluding such items as appliances, furniture.
$ 7.85 per month per first unit.
$ 6.33 per month per each additional unit
8. MULTIPLE FAMILY UNITS - ATTACHED UNITS
(APARTMENTS AND CONDOMINIUMS) AND MOBILEHOME
PARKS
Monthly cost per unit for regularly scheduled weekly curbside
collection and disposal of residential /household waste,
excluding such items as appliances, furniture.
$ 7.85 per month per first unit.
$ 5.14 per month per each additional unit
NOTE THAT CUSTOMERS IN MULTIPLE RESIDENTIAL
CATEGORIES MAY ELECT TO UTILIZE COMMERCIAL
SERVICES AND RATES IN LIEU OF RESIDENTIAL
SERVICES AND RATES.
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C,
•
9. COMMERCIAL ESTABLISHMENTS - REGULAR REFUSE
COLLECTION
Rate per month for regularly scheduled pick -up and
collection of refuse from business, commercial and industrial
establishments. Days refer to the number of pick -ups and
collections per week.
3 -CUBIC YARD BIN WITHOUT FORKLIFT WITH F/L
1 DAY PICK -UP $56.44/mo. $62.09/mo.
2 DAYS PICK -UP $85.66/mo. $94.23/mo.
3 DAYS PICK -UP $116.22 /mo. $127.84/mo.
4 DAYS PICK -UP $147.00/mo. $161.71 /mo.
5 DAYS PICK -UP $181.62/mo. $199.78/mo.
6 DAYS PICK -UP $208.05/mo. $228.86/mo.
1 1/2 -CUBIC YARD BIN WITHOUT FORKLIFT WITH F/L
1 DAY PICK -UP
$37.98/mo.
$41.78/mo.
10. COMMERCIAL - ONE -TIME DROP -OFF AND COLLECTION OF
A 3 -CUBIC YARD BIN
Rate for one -time drop -off and collection of a 3 -cubic yard
bin at a commercial address.
$68.71 per bin, provided bin includes one
collection and delivery to the landfill and rental
of bin for up to seven (7) days. Additional days
and collections require additional fees.
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11. COMMERCIAL -SPECIAL ONE -TIME DROP -OFF AND
COLLECTION OF A 10 TO 40 -CUBIC YARD "ROLL OFF"
CONTAINER
Rate for one -time drop -off and collection of a 10 to 40 -cubic
yard bin at a commercial address.
$220.86 per load (all sizes)
including tipping charges;
7 ton limit. Over 7 tons net per load,
subject to $25.00 per ton surcharge.
12. COMMERCIAL - SPECIAL BARREL SERVICE FOR QUALIFIED
COMMERCIAL, LIMITED USE CUSTOMERS
Indicate rate for once a week pick -up and collection of a
maximum of two not -to- exceed 35 gallon barrels. [Note:
Only 48 commercial establishments entitled to this reduced -
level service]
$38.43 per month.
THESE RATES INCLUDE FOUR (4) CITY -WIDE PICK -UP DAYS FOR
LARGE BULKY ITEMS, SUCH AS APPLIANCES AND FURNITURE,
WHICH SHALL BE PICKED -UP AND DISPOSED OF ON THE
DESIGNATED DAYS, WITHOUT ADDITIONAL CHARGE TO THE
CUSTOMER OR CITY.
IN WITNESS WHEREOF, the City by order of its City Council and the
Contractor by order of its Board of Directors, have caused this Agreement to be
executed on the day and year first written above.
CTN OF ROSEMEAD
By:_
JaVT.Amperial, Mayor
25
Attest:
9z�` City Clerk
CONSOLIDATED DISPOSAL SERVICE, INC.
a California corporation
Y:
0
ohn A. Telesio, Presi ent /CEO
26
'IL �
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FIRST AMENDMENT TO FRANCHISE AGREEMENT WITH
CONSOLIDATED DISPOSAL SERVICE, INC.
THIS FIRST AMENDMENT to AGREEMENT is made and entered into
effective, the 11th day of January, 1994, by and between the CITY
OF ROSEMEAD, a municipal corporation, hereinafter referred to as
City, and CONSOLIDATED DISPOSAL SERVICE, Inc., hereinafter
designated as Contractor.
The franchise agreement dated August 1, 1991 between the
parties hereto is hereby amended as follows:
1. Section B Work to be Done, Paragraph 1, is hereby
amended to read as follows:
B. WOR' TO BE DOME
The work to be done under this Agreement shall include the
furnishing of all labor, material, equipment and expenses
necessary to perform the following minimum services:
1. Collection, hauling and disposal of refuse from the premises
of any and all residents and businesses in the City, at the
regularly scheduled intervals, and at the rates as provided
herein. Said work shall include regularly scheduled pick -up
of refuse once a week from curb or alley. Contractor is the
exclusive franchise provider and the only hauler authorized
to provide regularly scheduled and one -time special
container (bin or roll -off) service to any residence or
business or construction site requesting such service,
provided however that any contractor or other person may
haul, in their own trucks, and properly dispose of any
debris from a jobsite in the City. If contractor or other
person utilizes a waste hauling service, he must utilize the
services of the City's franchisee.
2. Section L Performance Bond is hereby amended to read as
follows:
L. PERFORMANCE BOND
1. Upon being awarded approval for the collection, removal and
disposal of refuse in the City, the Contractor shall file
with the City Clerk and shall thereafter during the entire
term of the Agreement maintain in full force and effect a
corporate surety bond or other adequate surety agreement in
a form satisfactory to the City Attorney in the amount of
One Hundred Thousand Dollars ($100,000) for the Contractor's
faithful performance of this agreement.
2. Said bond shall be so conditioned that in the event that the
Contractor shall fail to comply with any one or more of the
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provisions of the Agreement, then there shall he recoverable
jointly and severally from the Contractor and surety any
damages or loss, or costs suffered or incurred by the City
as a result thereof, including attorney's fees and costs of
any action or proceeding, and the full amount of any
compensation, indemnification, cost of removal or
abandonment of any property or other cost which maybe in
default, up to the full principal amount of such bond.
3. Said bond shall not be canceled, altered or allowed to.lapse
without at least thirty (30) days' prior written notice to
the City Clerk by the surety.
4. Failure to file or .maintain such a bond shall be deemed a
breach of the Agreement, and shall be grounds to terminate
the Agreement by the City Council.
IN 4Il'..iESS WHEREOF, the City by order of its City Council and
the Contractor by order of its Board of Directors, have caused this
Agreement to be executed on the day and year first written above.
Attest:
City Clerk
CIl
By:
CONSOLIDATED DISPOSAL SERVICE, INC.
a Cal,i.fornia corporation
BLij�''�� ✓Y /
John A. Telesio, President /CEO
SECOND AMENDMENT TO
EXCLUSIVE REFUSE COLLECTION AND RECYLCING
FRANCHISE AGREEMENT
This Agreement made and entered into this 25th day of June, 1996 by and between the
CITY OR ROSEMEAD, a municipal corporation, hereinafter referred to as "City" and
CONSOLIDATED DISPOSAL SERVICE, INC. hereinafter referred to as "Contractor" hereby
amends that certain agreement made and entered into effective August 1, 1991 and amended
effective January 11, 1994 between the parties, hereinafter referred to as "Agreement".
NOW THEREFORE, the City and.the Contractor agree as follows:
1. The second paragraph of the Agreement is hereby revised to read as follows:
The City and Contractor agree each with the other that Contractor shall
have sole right to collect, haul and dispose of all refuse and conduct a
comprehensive recycling program in the City of Rosemead for a term
commencing August 1, 1996 and expiring July 31, 2001, provided however, that
commencing August 1, 1997 and every year thereafter, automatic one year
extensions shall be applied to said Agreement so that the term of this Agreement
shall thereafter remain at a constant five years, subject to the rights of the parties
to terminate the Agreement set forth in paragraph P.
2. Paragraph F - Collection Rates and Billing is hereby revised to read as follows:
• • ►11 ' 1 67
1. The City and Contractor, as part of this Agreement, fix and determine uniform
rates that shall be charged by the Contractor for the collection and removal of
refuse. The rates thus fixed and determined shall remain in effect for the period
prescribed or until changed pursuant to the provisions hereof. The Contractor
shall not charge or collect any fees or rates other than the fees or rates thus fixed
and determined.
2. The City Council shall, not more frequently than once per year, authorize a rate
adjustment by application of the following formula and procedure to then current
rates:
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The total rate paid by customers is comprised of two components:
A. Disposal Cost. The disposal cost component consists of tipping fees paid to
and established by operators of landfills. The Contractor has no control over the
tipping rates established by the County Sanitation District or private landfill
operators.
B. Collection Cost. The collection cost component consists of the Contractor's
costs for the collection and hauling of waste. -
Collection Cost rate freeze. Contractor agrees that there will be no increase in the
collection cost component for residential customers effective prior to August 1,
1997. Except for the rate freeze on the collection cost component for residential
customers, the following rate adjustment formula shall apply:
Contractor shall be entitled to rate adjustments, effective on the anniversary date
of the franchise (August 1) based upon the following formula:
.70 x increase in Consumer Price Index, All items, 1982 -84 = 100
(Los Angeles- Anaheim - Riverside) from the base month
(commencing June, 1991) to the following year's comparison
month (June, 1992, June 1993, etc.) plus .30 x the percentage
change in tipping fees to arrive at the percentage adjustment to be
applied to all rates herein authorized.
Allowable adjustments, based upon tipping fees, shall be based upon the rates as
established by the Los Angeles County Sanitation District.
Example:
FACTOR %CHANGE %OVERALL COSTS
CPI 4.7%
DISPOSAL 10.00%
PRIX
x.30
Adjustment percentage
TOTALS
3.29
3M
6.29
City and Contractor agree that the disposal cost component has been increasing as
a percentage of the overall costs of waste removal. If the Contractor's disposal
costs continue to escalate as a portion of the overall cost, Contractor may apply to
the City Council to increase the percentage of rate adjustment, currently 30 %,
assigned to disposal costs. Upon the commencement of commercial Material
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Recovery Facility operations, a separate formula shall be set forth which takes
into account the disproportionate disposal costs associated with commercial
Materials Recovery Facility serviced accounts.
3. The Contractor shall not make or grant any preference or advantage to any
person, nor subject any person to prejudice or disadvantage with respect to
rates, fees, charges, service, facilities, rules, regulations, or any other respect.
Contractor is specifically authorized to charge a Senior Citizen Hardship rate
and a Handicapped rate for those accounts who meet the following eligibility
criteria:
A. SENIOR CITIZEN HARDSHIP RATE - Those customers,
aged 62 and over, who meet the following income limitations,
shall be entitled to the Senior Citizen Hardship Rate as listed in
this Agreement:
Single Income not to exceed $1,098 per month
Family (2 or more) Income not to exceed $2,198 per month
Contractor is authorized to require proof of age and an affidavit
of eligibility signed by the customer.
The "not to exceed" income levels listed above shall be increased
to reflect cost of living adjustments on August 1 each year of the
franchise.
B. HANDICAPPED RATE - Those customers, who meet the
eligibility requirements of the Department of Motor Vehicles for
issuance of a handicapped parking permit, shall be entitled to
backyard service, at the regular residential rate. If the
handicapped individual also qualifies for the Senior Citizen
Hardship Rate, he or she shall be entitled to backyard service at
the Senior Citizen Hardship Rate as listed in this Agreement.
4. Except as otherwise provided herein, Contractor will bill each customer
directly for service and will collect from such customer for same. City shall not
be responsible for collection or payment for such services.
5. Contractor may not suspend its collection and disposal services hereunder to
a customer who has failed to pay a proper billing for services. Contractor shall
make all reasonable efforts to diligently pursue and collect all fees and charges
due Contractor for rendering such services. In the event of a delinquency, the
Contractor shall also notify the owner of the real property of the amount of the
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delinquency and the possibility of property tax lien collection.
Contractor shall provide to City, not more frequently than quarterly, individual
letters, postage prepaid, which contain the names of the property owner and
occupant (if different from the owner), the address of the owner as shown on
the latest updated assessment roll, including the assessor's parcel number and
whatever other information is required by the Los Angeles County Tax
Collector. Said letters shall state the amount of delinquency, penalties, late
charge(s) and collection costs. City shall allow Contractor to use the update
assessment roll records available at City Hall. City allows such use as an
accommodation only and does not warrant the accuracy of such records.
The only responsibility of the City pertaining to notice of and public hearing
shall be as follows: The City Manager or his designee shall notify property
owners by sending the letter designated in the paragraph next above. Such
notice shall further declare that the City Council shall at a regular meeting,
review and approve as an assessment against the property the amount delinquent
and unpaid, the amount of the penalty and late charge(s), collection costs,
including administrative costs incurred. If the total assessment determined and
approved by the City Council is not paid within ten (10) days after such
determination, then and in that event, there shall be recorded in the Office of
the County Recorder a statement of the total balance due together with the legal
description of the property affected. From and after the date of such
recordation, the balance due shall be a special assessment against the real
property. The assessment shall be collected at the same time and in the same
manner as are county property taxes and shall be subject to the same penalties
and to the same procedure and sale in cases of delinquency as provided for
other taxes and assessments appearing on the county property tax bill. All laws
applicable to the levy, collection and enforcement of county taxes shall be
applicable to such special assessment.
Contractor shall be paid the amount actually recovered by the City on an unpaid
account less 10% (ten per cent). Said payment to Contractor shall be made
within thirty (30) days of the City's receipt of funds.
6. The Contractor shall obtain the written approval of the City Manager as to
the billing periods used.
7. Each bill shall contain the name, address, telephone number and office hours
of the Contractor, the amount and period being billed, a statement that the
Contractor will provide, upon request, a complete list of the rates for the
various types of services provided by the contractor, a statement indicating how
to file a complaint and how complaints are resolved, as well as the possibilities
4
of recourse available to customers, the holiday schedule, and any other
information necessary to assist residents as determined by the City Manager.
At least 30 days prior to any rate change, the Contractor shall mail all
customers notice of said rate change.
3. Paragraph I- Refuse Containers is hereby amended to read as follows:
I. REFUSE CONTAINERS
1. Contractor shall implement an automated residential container program by
December 1, 1996.
2. Each residence will be furnished, at no charge, one automated container with
approximately 100 gallon capacity. Additional 100 gallon containers will be provided
at a charge of $1.50 per month for those residents who require additional capacity.
Smaller containers will be made available for customers with special circumstances
justifying a smaller container.
3. Contractor shall submit a detailed implementation plan of the automated collection
program to the City for advance approval.
4. Once the automated collection program is fully implemented, customers must place all
refuse in the automated container(s) provided. No trash bags, cardboard boxes, loose
debris or waste placed in other non - automated containers will be collected with the
exception of appropriately sorted and tagged green waste and disposal items on
designated quarterly "bulky item" citywide collection days.
5. All refuse containers shall be replaced, upright, with the lids immediately beside the
containers. Containers and lids shall not be placed or thrown on the streets, alleys,
highways, or on adjoining property.
6. The Contractor, his agents and /or employees, shall not throw refuse containers
from the truck to the pavement or parkway, shall not cause damage by striking them
against the truck to dislodge contents, or in any other way break or damage or roughly
handle the same.
7. All claims for damage of containers, by reason of the misuse or rough handling of
said containers by the Contractor, shall be presented to the Contractor by the resident.
The Contractor shall make a decision concerning settlement within 48 hours of receipt
of such claims.
5
• •
8. Any contractor supplied refuse container which will no longer hold refuse without
spilling, which leaks or is not water tight shall be replaced by the Contractor upon
notification of the Contractor by the person from whom refuse is collected, within ten
(10) days.
9. The Contractor shall provide large capacity containers (bins) for mechanical loading
wherever customers so request their use, and the use thereof shall be in accordance
with the rates established herein. Each container provided shall have the Contractor's
name, or company name, placed and maintained on one or more locations on the -
outside in letters not less than three (3) inches in height. The Contractor shall regularly
inspect all large capacity containers, repair or replace any damaged containers, and
maintain an inventory need to meet the demand of customers. All such containers shall
be maintained by Contractor so as not to leak. Upon customer request, containers shall
feature tight - sealing lids (the Balanced Lid Systems (or equivalent) bins specified in
Exhibit D to the Contractor's proposal)
10. Residents electing to use large capacity containers for mechanical loading shall use
such containers exclusively and shall place such container for pickup where they are
readily accessible to the Contractor's equipment.
11. The Contractor shall provide sufficient workers and equipment so as to limit the
time that the bins are placed in the public right -of -way to a maximum of three (3)
hours.
4. Paragraph O- Agreement Term and Renewal is hereby amended to read as follows:
The Contractor shall have the exclusive right to collect, haul and dispose of all refuse
within the City for a term commencing August 1, 1996 and expiring July 31, 2001,
provided however, that commencing August 1, 1997 and every year thereafter, automatic
one year extensions shall be applied to said Agreement so that the term of this Agreement
shall thereafter remain at a constant five years, subject to the rights of the parties to
terminate the agreement set forth in paragraph P. of Agreement.
Should either party desire that said automatic one -year renewal and extension term be
terminated, such party may give the other written notice of such not later than May 1 of
any year of the Agreement. Such notice will terminate the automatic one -year renewal
and extension provision, and the Agreement shall remain in effect for the balance of the
term outstanding.
5. Paragraph T- Recycling is hereby amended by the addition of the following at the
conclusion thereof:
5. Commercial recycling program. The Contractor shall undertake the program
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described in its Waste Services Franchise Renewal Proposal. Prior to the
implementation of Phase II - Materials Recovery Facility, the Contractor and City shall
negotiate a rate to be paid by commercial accounts that will reimburse the Contractor
for the substantial additional disposal costs associated with Materials Recovery
Facilities. An implementation plan and initial rate schedule for commercial accounts
with Materials Recovery Facility service shall be subject to the City Council's review
and approval. Upon adoption of the initial rate schedule, a separate rate adjustment
formula shall be set forth which takes into account the disproportionate disposal costs
associated with commercial Materials Recovery Facility serviced accounts.
6. A new paragraph "AA - AB 939 Indemnification" is hereby added to the
Agreement as follows:
AA. AB 939 Indemnification. Contractor agrees to protect, defend, indemnify and
hold harmless the City against 90% (ninety percent) of all fines or penalties imposed by
the California Integrated Waste Management Board or its successor due to the failure
of the City to divert from landfills at least 25 % (twenty five percent) of the garbage
and rubbish including recyclable materials attributable to City, or, commencing no
earlier than January 1, 2000, 50% (fifty per cent) of such garbage and rubbish
including recyclable materials thereafter, or such lesser percentage equal to the landfill
diversion goals imposed on local governments by AB 939 as it may be amended from
time to time provided that the City's failure to accomplish the landfill diversion goals
shall not result from any negligent or willful act or omission of City.
7. A new paragraph "BB - Hazardous Materials" is hereby added to the Agreement as
follows:
BB. Hazardous Materials. Contractor shall adopt and adhere to a training program
that will assist their employees to identify and properly dispose of any hazardous
materials that may come into their possession. Contractor shall reasonably assist City
in dissemination of information regarding hazardous materials to local residents and
businesses.
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IN WITNESS WHEREOF, the City by order of its City Council and the Contractor by
order of its Board of Directors, have caused this Second Amendment to Agreement to be
executed on 6 1e2Wf6 1996.
ATTEST:
Cit t Jerk
CITY OF ROSEMEAD
By: / /Lance czo i' �
Margakt Clark, Mayor
CONSOLIDATED DISPOSAL SERVICE, INC.
c
By
John A. Tel io, resident/CEO
0
THIRD AMENDMENT TO
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EXCLUSIVE REFUSE COLLECTION AND RECYCLING
FRANCHISE AGREEMENT
This Agreement made and entered into this 22nd day of November, 2005 by and between
the CITY OF ROSEMEAD, a municipal corporation, hereinafter referred to as "City" and
CONSOLIDATED DISPOSAL SERVICE, a subsidiary of REPUBLIC SERVICES, INC.,
hereinafter referred to as "Contractor" hereby amends that certain agreement made and entered
into effective August 1, 1991 and amended effective January 11, 1994 and June 25, 1996
between the parties, hereinafter referred to as "Agreement ".
NOW THEREFORE, the City and the Contractor agree as follows:
1. Paragraph 2 of Section T - RECYCLING is hereby amended to read as follows:
2. RESIDENTIAL CUSTOMERS' RESPONSIBILITIES.
A. Contractor shall deliver, at no
additional cost to City or customers, to all
residential dwellings on regular curb (i.e.
all residences not on bin service) and to
all residential dwellings on backyard
(handicapped) service two (2) plastic
containers for the collection and placement
for removal of recyclable materials
(newspapers, glass, cans, P.E.T. plastic
beverage containers and green waste as
follows:
1 minimum 64- gallon container for commingled
recyclable materials (glass, aluminum cans,
plastic beverage containers and newspaper).
1 minimum 32- gallon container for green
waste. [already in use]
B. Residents shall place their recyclables
and green waste, in the collection
containers, at curbside (or backyard for
qualified handicapped residents) on their
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regular scheduled day for trash collection.
2. The following Paragraph 3 of Section T- REVENUE FROM
SALES OF RECYCLABLE MATERIALS is hereby amended to read as
follows:
3. REVENUE FROM SALES OF RECYCLABLE MATERIALS.
Contractor shall maintain records of the amounts
of materials collected and sold and the revenue
received for same. Contractor, in partial
consideration for the series rendered hereunder, shall
be entitled to retain 100% of the revenue from the
sale of recyclable materials.
3. The final paragraph of Section Z, currently providing:
"THESE RATES INCLUDE FOUR (4) CITY -WIDE PICK -UP DAYS FOR LARGE
BULKY ITEMS, SUCH AS APPLIANCES AND FURNITURE, WHICH SHALL BE
PICKED -UP AND DISPOSED OF ON THE DESIGNATED DAYS, WITHOUT
ADDITIONAL CHARGE TO THE CUSTOMER OR CITY." is hereby deleted.
4. A new section CC is hereby added to the Agreement to
read as follows:
CC. BULKY ITEM PICKUP
1. Definitions.
Bulky Items shall mean
discarded household furniture,
furnishings or appliances,
including white goods; carpets;
mattresses; large branches; limbs
of trees in bundles not exceeding
eighteen (18) inches in diameter
or four (4) feet in length, tires
and -other items the size and
weight of which precludes or
complicates their handling by
normal collection, processing or
disposal methods and which can be
loaded onto a collection vehicle
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by not more than two (2) persons.
E -Waste shall mean certain
electronic waste defined in
California state law and regulated
by the California Integrated Waste
Management Board as non - hazardous
and unavailable to municipal
landfills.
2. Effective on January 1, 2006,
Contractor shall implement the following
Bulky Item collection program:
on an as- needed, on -call basis,
the Contractor will respond to up to twenty -
five (25) requests per year from single -
family units on residential service for
collection of Bulky Items on the regular
collection day each week at no extra charge.
The number of collections for residential
properties on commercial collection service
shall be determined on a case by case basis
as agreed to by the Contractor and City
Manager. Each Bulky Item collection will be
limited to a maximum of five (5) bulky and
or a -waste items. E -waste and tire pick ups
shall not be counted toward the 25 item
limit. The customer must call Contractor at
least twenty -four (24) hours in advance
prior to the regular collection day to
schedule a bulky item pickup.
Contractor shall pick-up Bulky
items, that are abandoned or discarded in
the public right of way and called in to
Contractor by a resident or City staff, by
the end of the next collection day following
the call to Contractor.
5. Rates.
The rates specified in Exhibit A shall take effect as noted
on the Exhibit.
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6. Except as provided for in this Third Amendment, the provisions of the Exclusive
Franchise Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the City by order of its City Council and the Contractor by
order of its Board of Directors, have caused this Third Amendment to Agreement to be executed
on November 22, 2005.
ATTEST:
M.�i
CITY OF ROSEMEAD
By:
Ja . Imperial, May
CO NSOLIDATED DISPOSAL SERVICE, a
subsidiary of REPUBLIC SERVICES, INC.
LI
EXHIBIT A
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City of Rosemead Rates As of May 1, 2006
Residential Rates:
Category
Current
1- May -O6
Rate
Rate
Single Family Dwelling - Residential Curbside one 96 Gal Cart for waste and
$
12.44
$
15.24
32 gallon green waste(manual) As of 5/1/06 - 1 Auto. 64 gallon blue recycling
Multiple Family Dwelling-Detached Units On A Single Lot: First Unit 1
$
12.44
$
15.24
Each Additional Unit
$
10.08
$
12.34
Multiple Family Units - Attached Units ( Apartments and Condos)
$
12.44
$
15.54
And Mobilhome Parks: First Unit
Each Additional Unit
$
10.08
$
12.34
S ecial Qualified Senior Citizen Hardship Rate / For Residential
$
8.21
$
10.06
Curbside Service with or whitout backyard service
Backyard Collection Rates For Single Family Residents - No addital cost
$
12.44
$
15.44
Service Available to Handicapped or Seniors Only. Seniors receive discount)
Additional 96 Gallon Cart 96 Black - Trash
$
2.14
$
2.14
Additional 64 Gallon Cart 64 Blue or Green
$
125
Special One -Time Pick -Up Cost For Pick -Up And Disposal Of
Appliances, Furniture And Bulky Items
No Charge
No Charge
Residential - Special One -Time Drop -Off And Collection of A
3 -Cubic Yard Bin
Pick Up / Delivery Charge
$
54.98
$
54.98
Each Dump
$
22.18
$
22.18
Total
$
77.16
$
77.16
Residential - Special One -Time Drop -Off And Collection of A 10 to
40 Cubic Yard "Roll -Off' Container
$
430.19
$
430.19
Overweight 7 Ton Limit
$
52.66
$
52.66
Daily Rental After Seven Days Without A Dump
$
15.00
$
15.00
Dead Run
$
75.00