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CC - Item 4B - Preliminary Summary_Review Of Solid Waste and Recycling Services Proposals ROSEMEAD CITY COUNCIL STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL FROM JEFF ALLRED CITY MANAGER 0 DATE FEBRUARY 28 2012 SUBJECT PRELIMINARY SUMMARYREVIEW OF SOLID WASTE AND RECYCLING SERVICES PROPOSALS SUMMARY On November 8 2011 the City Council approved specifications including service levels Request for Proposals RFP process bsidder list and directed staff to solicit proposals for solid wasterecycling collection services The Csity current agreement for solid wasterecycling collection services will expire on August 1 2013 The scope of work includes providing solid waste and recycling services for all residential and commercial properties in the City RFPs were distributed on November 14 2011 Five 5 contractor proposals were received by the City Cslerk Office on January 18 2012 A staff evaluation committee is in the process of reviewing the proposals in accordance with evaluation criteria established by the City Council Due to the extremely detailed nature of the proposals an executive summary has been prepared for each proposal Following this preliminary review it is planned that a recommendation of the successful bidder will be presented to the City Council on March 13 2012 It should be noted that the recommendation will be made based only on information that was included in the proposals and received on January 18 2012 No additional service proposals or enhancements received after the proposal deadline will be considered in the Csity technical review Staff Recommendation It is recommended that the City Council review the attached summary of proposals for solid wasterecycling services No other City Council action is requested at this time BACKGROUNDDISCUSSION For many years Rsosemead solid wasterecycling collection services have been provided by Consolidated Disposal Services CDS a subsidiary of Republic Services Inc The current agreement with CDS will expire on August 1 2013 The scope of work ITEM NO 14 APPROVED FOR CITY COUNCIL AGENDA City Council Meeting February 28 2012 Facie 2 of 3 in the FranchiseRequest for Proposal RFP includes solid waste and recycling services citywide all residential commercial multi family and temporary binbox services To ensure that a high standard of service is maintained specifications for solid wasterecycling collection services are detailed in the RFP and draft agreement Terms included in the RFP and draft agreement include several provisions covering the contract term reporting requirements franchise fees rate adjustment criteria and defined service levels solid waste container sizescolors collection daystimes disposal sites recycling levels customer service standards insurance levels equipment requirements etc On November 8 2011 the City Council approved specifications including service levels RFP process and bsidder list and directed staff to solicit proposals for solid wasterecycling collection services Subsequently the RFP was posted on the Csity website and mailed to seven qualified solid waste firms firms Since that time staff hosted a mandatory pre proposal meeting on November 30 2011 responded to questions in writing and provided clarification on items included in the RFP Proposals were due to the City Cslerk Office by Wednesday January 18 2012 at 130ma Prior to this deadline the City received 5 proposals for solid wasterecycling collection services from the following solid waste firms Athens Disposal Industry Burrtec Disposal Azusa Consolidated Disposal Long Beach Rainbow Disposal Huntington Beach Valley Vista Services Industry Evaluation Criteria Bid submittals received by the City are being reviewed by an Evaluation Committee comprised of the Assistant City Manager Public Works Director and Assistant Public Works Director As indicated in Section G of the RFP sent to bidders maximum rates and costs are not the sole criteria for award of this agreement Rather the evaluation involves a 2step process including 1 Qualitative Analysis Bids are being reviewed to ensure compliance with requirements in the the RFP ie service levels provided customer service requirements alternative fueled vehicles in use a demonstrated drivervehicle safety program qualified personnel accountable for performance of services etc and 2 Technical Scoring Evaluation Bids are being evaluated using a weighted average approach on several categories Such reviewapproach helps to ensure that the City selects a proposal that is the overall best value The technical evaluation will be completed according to the criteria and weights that were approved by the City Council on November 8 2011 Attachment 1 City Council Meeting February 28 2012 Paoe 3 of 3 An executive summary reviewing the bid submittals is attached for further review Attachment 1 This document provides an overview of service levelsterms requested in the RFPFranchise Agreement and bid responses to each item Following the reviewanalysis of each bid firms were also asked in writing to help clarify certain elements of each proposal The responses to these letters were received from each firm and are also included as part of the executive summary The Evaluation Committee will finalize the Technical Scoring Evaluation and the City Manager will present a recommendation to the City Council for consideration at its meeting on March 13 2012 It should be noted that the recommendation will be made based only on information that was included in the proposals that was received on January 18 2012 No additional service proposals or enhancements received after the proposal deadline will be considered in the Csity technical review ENVIRONMENTAL REVIEW This project does not require environmental review CITY ATTORNEY REVIEW The RFP specifications and draft franchise agreement have been reviewed by the City Asttorney office PUBLIC NOTICE This agenda item has been noticed through the regular agenda notification process In addition notice has been provided via the Csity website EAlert system and through the distribution of notification flyers at public facilities and the Chamber of Commerce office Prepared by Chris Marcarello Public Works Director Prepared by a MattIlawkesx4ofth Assistant City Manager Prepared by Farid Hentabli Assistant Public Works Director Attachments Attachment 1 Proposal Evaluation Executive Summary Attachment 2 Bid Proposals and Clarifying Responses Attachment 3 Request for Proposal Solid WasteRecycling Services Underlined to Reflect Addenda Issued Attachment 3 Draft Franchise Agreement City of Rosemead I Public Works Department Memorandum TO JEFF ALLRED CITY MANAGER FROM EVALUATION COMMITTEE DATE FEBRUARY 23 2012 SUBJECT PRELIMINARY SUMMARYREVIEW OF SOLID WASTE AND RECYCLING SERVICES PROPOSALS Evaluation Criteria Bid submittals received by the City were reviewed by an Evaluation Committee comprised of the Assistant City Manager Public Works Director and Assistant Public Works Director As indicated in Section G of the RFP sent to bidders maximum rates and costs are not the sole criteria for award of this agreement Instead the evaluation involves a 2step process including February 28 Qualitative Analysis Bids have been reviewed to ensure compliance with requirements in the RFP ie service levels provided customer service requirements alternative fueled vehicles in use a demonstrated drivervehicle safety program qualified personnel accountable for performance of services etc and March 13 Technical Scoring Evaluation Bids will be evaluated using a weighted average approach and several categories Such reviewapproach helps to ensure that the City selects a bid that is the overall best value In accordance with the City Csouncil direction the criteriaweights that will be used in the technical evaluation are summarized in Table 1 The Evaluation Committee will finalize the Technical Scoring Evaluation and the City Manager will present a recommendation to the City Council for consideration at its March 13 2012 meeting It should be noted that no additional service proposals or enhancements will be received The technical scoring evaluation will be based on materials that were provided to the City on January 18 2012 proposal submission due date Table 1 Evaluation CWreitigehritas Outstanding ClaimsLitigation Experience Financial Stability Contract CostsMaximum Rates Residential 20 CommercialMulti Family10 Franchise Fees 10 10 10 30 15 Diversion 15 Additional Offerings 10 The intent of this Summary is to provide the City Council with detailed information related to the Csity requirements as listed in the RFP and items included in each proposal Such review will ensure that the City selects a firm that will provide quality services for the residential and business community provide competitive rates confirm contractor capabilities and establish appropriate franchise revenues For comparison the Csity current Residential rate is 0169 and the current CommercialMulti Family rate is 15316 per month The following information summarizes each proposal based on requirements listed in the RFP document The information is compiled by firm in the following order Athens Disposal Industry Pages 36 Burrtec Disposal Azusa Pages 710 Consolidated Disposal Long Beach Pages 11 14 Rainbow Disposal Huntington Beach Pages 1518 Valley Vista Services Industry Pages1922 2 Athens Services Athens Services Athens is a privately held company with operations in Los Angeles County The company has over 53 years of experience The following describes Athens responsiveness to City requirements included in the Solid WasteRecycling RFP Demonstrated Safety Programs Equipment Training Vehicles Employees Athens provided information related to safety programs in place for employees including safety training programsincentives Athens received satisfactory CHIP BIT inspection records for 2010 and 2011 Athens did not indicate that any traffic citations were received for the requested period Athens provided information related to evqeuhipimcelent safety activities in place Equipment Proposed for Collection Services Athens proposes to use 2012 model Compressed Natural Gas CNG vehicles in its collection services This is compliant with the Csity requirements that vehicles be compliant with SCAQMD Rule 1193 and not be older than 3years old at the start of the collection services franchise agreement agreement Scout trucks non collection vehicles would be fueled with unleaded gasoline Athens indicates the container types that will be used but does not indicate manufacturers Understanding of Scope of ServicesRFP Document Residential Services Athens proposes to use fully automated collection services for curbside solid waste recycling and green waste collection activities An option of both a 2 and 3container system is offered for residential services Temporary bin services will be available to residents with 24 hours advance notice on a weekly drop off basis Bulk item collection will be provided with no additional charge 25 times per year 5 items each time with 48 hours advance notice Residents will also be offered programs for holiday tree collectionrecycling backyardoffstreet collection services and seniordisabled collection discount programs Commercial Services Athens proposes to service accounts with bin sizes ranging from 96 gallon containers to 6 cubic yards No additional charges will be assessed for scout assistance to relocate bins for collection Commercial recycling programs will be implemented in accordance with Assembly Bill 341 Multi Family Services Athens proposes to service multi family accounts 5 units or greater with bin sizes ranging from 96 gallon containers to 6 cubic yards Bulk item collection services will be provided to multi family residents not including apartment managers with no additional charge 4 times per year 4 items each time with 48 hours notice Commercial recycling programs will be implemented in accordance with Assembly Bill 341 to multi family properties with 5 units or greater 9 Other Services Athens will collect materials from City facilities bus stop locations at City events and for City projects at no additional charge Athens will also provide a bulk item rover to remove items from the public rightofway during business days 6amto 12pm Experience and Service Transitions with Other Public Agencies Athens has successfully transitioned services in other communities including the City of Redondo Beach 2011 Unincorporated Altadena 2010 and City of West Hollywood 2004 Athens provided a detailed description of activities related to transition activities that would occur in Rosemead including a detailed timeline and implementation tasks Athens has significant experience providing solid waste collection services including the cities of San Gabriel Temple City Covina Azusa Monterey Park and Alhambra References have indicated successful transition periods in each of these cities Athens has successfully provided street sweeping services to the City of Rosemead since 2010 OrganizationPersonnel Assigned to Contract Athens has a staff qualified to manage contract operations in the City of Rosemead Such staff includes managerial oversight government relations community educationoutreach and operations personnel Athens proposes to hire new drivers in collection services in the City of Rosemead Athens provided an organizational chart indicating the operational structure for providing services in the City of Rosemead Customer Service Programs Athens will provide quarterly billing for all residential accounts and monthly billing for commercial accounts including billing inserts for City programs if notified in advance Athens staffs its call center Monday Friday 7 am to 5 pm and will also provide a dedicated staff member in a local office for 20 hours per week Athens will perform customer service studies in cooperation with the City at the conclusion of the first 6 months of service and every year afterwards DisposalDiversion Programs 60 Diversion Requirement Athens describes its ability to meet the Csity required diversion of 60 through diversion programs and processing activities AB 341 ComplianceCommercial Recycling Programs Athens describes its ability to comply with state mandated outreach and programs associated with this legislation Food Waste Diversion Athens proposes to implement a residential and commercial food waste program within 12 months of the contract start date The proposal also proposes a residential food waste program that allows food and rd green waste to be combined in the green waste container Organic materials would be processed at its subsidiary processing facility American Organics located in Victorville The proposal indicates that this facility currently processes 01060 tons per year with an estimated diversion rate of 70 No cost information is provided for this program Green Waste End Uses Athens proposes that green waste materials would be combined with food waste as part of a curbside composting program Organic materials would be processed at its subsidiary processing facility American Organics located in Victorville The proposal indicates that this facility currently processes 01060 tons per year with an estimated diversion rate of 70 Proposed Processing Facilities Athens indicates that processing is available at its MRF in Industry The facility is permitted for4000 tons per day and currently receives3000 tons per day A description of this facility was provided but no permitting information was included in the proposal Proposed Landfill Facilities Athens indicates availability at several landfills including Puente Hills Chiquita Canyon Sunshine Canyon El Sobrante Mesquite Olinda Alpha and Frank Bowerman Outstanding ClaimsLitigation and Financial Stability Dunn and Bradstreet reports will be reviewed along with financial statements provided by Athens Franchise Fees Offered Athens proposes two alternatives for franchise fee revenues for the City Option 1 proposes an alternative that will provide the City with 3 Million due upon signing the franchise agreement and at least 0700 or 10 of gross receipts annually whichever is greater Option 2 proposes a rate buydown option that would allow the City to adjust rates and allow the City to reduce franchise fees and rates down to the City required 16 Million amount due upon signing the franchise agreement and at least 0500 or 10 of gross receipts annually whichever is greater Maximum Customer Service Rates Key service rates include the following Residential Collection Option 1 0169 Monthly Residential Collection Option 2 1446 Monthly Multi Family 3Yard Bin Collection 11298 Monthly Commercial 3Yard Bin Collection 11298 Monthly Additional Programs Offered Athens proposes the opportunity for the City to receive additional franchise fees revenue in the amount of34Million based on its rate buy down option Athens has demonstrated its involvement in community programs and events including participationsponsorship of the Csity Lunar New Year Event 4th of JUly Programs Concerts in the Park and Public Works Day Athens proposes to provide free compost giveaway events 61 Athens proposes to provide local school districts a 25 reduction on solid wasterecycling collection services Athens describes a program to install cameras on street sweepers in the City but only if the existing street sweeping contract is renegotiated and integrated into a solid wasterecycling collection agreement Exceptions to Franchise Agreement Athens had no exceptions to the Csity RFP and draft franchise agreement Compliance with Existing Collection Schedules Athens will comply with the Csity existing collection schedules OVERVIEW Potential additional franchise fees offered with corresponding rate changes Alternative fueled equipment Diversion Programs including green waste organics and commercial recycling Regional presence with existing contracts in place in neighboring cities Experienced in transitioning collection services and implementing new agreements Nearby processing facility with capacity for materials Community partner in City events and community organizations Offered free compost giveaway events Offered 25 collection rate discount to schools in Rosemead Residential Collection Option 1 0169 Monthly Residential Collection Option 2 1446 Monthly Multi Family 3Yard Bin Collection 11298 Monthly Commercial 3Yard Bin Collection 11298 Monthly Landfills Proposed Puente Hills Chiquita Canyon Sunshine Canyon El Sobrante Mesquite Olinda Alpha Frank Bowerman Landfill Processing Facilities Proposed American Organics green waste food waste 32ton Athens Transfer Station mixed waste 3565ton Commerce WastetoEnergy solid waste residue 4565ton IJ Burrtec Disposal Burrtec Disposal Burrtec is a privately held company with expansive operations in Los Angeles and San Bernardino County The company has over 33 years of experience he following describes Bsurrtec responsiveness to City requirements included in the Solid WasteRecycling RFP Demonstrated Safety Programs Equipment Training Vehicles Employees Burrtec provided information related to safety programs in place for Employees including safety training programs and hazardous materials response and healthsafety procedures Burrtec received a satisfactory CHP BIT inspection for 2011 Other years were not provided Burrtec provided information related to 3 traffic citations received during the requested period including wom tires and missing license plate Burrtec provided information related to evqeuhipimcelent safety activities in place Equipment Proposed for Collection Services Burrtec proposes to use new 2013 model Compressed Natural Gas CNG vehicles in its collection services This is compliant with the Csity requirements that vehicles be compliant with SCAQMD Rule 1193 and not be older than 3 years old at the start of the collection services franchise agreement SBcoinut trucks are listed as compliant with California Air Resources Board OnRoad Rule requirements Burrtec proposed to use automated containers from Rehrig Pacific Such containers and bins are suitable for collection services as described in California Public Resources Code Section 43020 Understanding of Scope of ServicesRFP Document Residential Services Burrtec proposes to use fully automated collection services for curbside solid waste recycling and green waste collection activities A 3 container is offered for residents Temporary bin services will be available to residents with 24 hours advance notice on a weekly dropoff basis Bulk item collection will be provided with no additional charge 25 times per year 5 items each time with 48 hours advance notice Residents will also be offered programs for holiday tree collectionrecycling backyardoffstreet collection services and seniordisabled collection discount programs Commercial Services Burrtec proposes to service accounts with bin sizes ranging from 96 gallon containers to 6 cubic yards No additional charges will be assessed for scout assistance to relocate bins for collection Commercial recycling programs will be implemented in accordance with Assembly Bill 341 Multi Family Services Burrtec proposes to service multi family accounts 5 units or greater with bin sizes ranging from 96 gallon containers to 6 cubic yards Bulk item collection services will be provided to multi family residents not including apartment managers with no additional charge 4 times per year 4 items each time with 48 hours notice Commercial recycling programs will be 7 implemented in accordance with Assembly Bill 341 to multi family properties with 5 units or greater Other Services Burrtec will collect materials from City facilities bus stop locations at City events and for City projects at no additional charge Burrtec will also provide a bulk item rover to remove items from the public rightofway during business days 6amto 12pm Experience and Service Transitions with Other Public Agencies Burrtec has successfully transitioned services in other communities including the City of Highland 2006 City of Rialto 2009 and Unincorporated East Pasadena 2008 Burrtec provided a detailed description of activities related to transition activities that would occur in Rosemead including a detailed timeline and implementation tasks Burrtec has significant experience providing solid waste collection services including the cities of Duarte Rancho Cucamonga Highland and Pomona References have indicated successful transition periods in each of these cities OrganizationPersonnel Assigned to Contract Burrtec has a staff qualified to manage contract operations in the City of Rosemead Such staff includes managerial oversight government relations community educationoutreach and operations personnel Burrtec proposes to hire new drivers in collection services in the City of Rosemead Burrtec provided an organizational chart indicating the operational structure for providing services in the City of Rosemead Customer Service Programs Burrtec will provide quarterly billing for all residential accounts and monthly billing for commercial accounts including billing inserts for City programs if notified in advance Burrtec staffs its call center Monday Friday 8 am to 5 pm and will also provide a dedicated staff member in a local office for 20 hours per week Burrtec will perform customer service studies in cooperation with the City at the conclusion of the first 6 months of service and every year afterwards DisposalDiversion Programs 60 Diversion Requirement Burrtec thoroughly describes its ability to meet the Csity required diversion of 60 through diversion programs and processing activities AB 341 ComplianceCommercial Recycling Programs Burrtec describes its ability to comply with state mandated outreach and programs associated with this legislation Food Waste Diversion Burrtec proposes to implement a residential and commercial food waste program The proposal indicates that materials will be collected processed and used as feedstock for compost and anaerobic 0 digestion Organic materials would be processed at its subsidiary processing facility Coachella Valley Composting location not provided The proposal also indicates that Burrtec is currently performing a feasibility study of the development of an anaerobic digestion system Green Waste End Uses Green waste materials will not be used as Alternate Daily Cover Organic materials will be processed and used as land application that is delivered to farms for weed control and soil amendment Proposed Processing Facilities Burrtec indicates that processing is available at Downey Areas TRreacnycslfinegr located in Downey and Allan Company MRF Baldwin Park The Downey facility has a current capacity of5000 tons per day and 450 tons per day are currently processed The Allan facility has a current capacity of 750 tons per day and 580 tons per day are currently processed A description of these facilities was provided but no permitting information was included in the proposal Proposed Landfill Facilities Burrtec indicates availability at several landfills including Puente Hills Olinda Alpha Mid Valley and Salton City Outstanding ClaimsLitigation and Financial Stability Dunn and Bradstreet reports will be reviewed along with financial statements provided by Burrtec Franchise Fees Offered Burrtec proposes to provide franchise fees to the City as follows o 16Million due upon signing the franchise agreement o A minimum of 0600 or 10 of gross receipts annually whichever is greater Maximum Customer Service Rates Key service rates include the following Residential Collection 1969 Monthly Multi Family 3Yard Bin Collection 11328 Monthly Commercial 3Yard Bin Collection 12466 Monthly Additional Programs Offered Burrtec proposes the opportunity for the City to receive additional franchise fees revenue in the amount of 1 Million Burrtec proposes curbside electronic waste used oil and sharps collection inclusive in its rate proposal Burrtec proposes a recycling incentive program for residential customers Burrtec proposes an award program designed to curb illegal dumping activity Burrtec proposes to offer residents a military discount program on collection services Burrtec proposes to provide free mulch to customers Burrtec proposes an annual tree donation program to the community Burrtec proposes to offer a discount for bin services that will contain compostable materials Burrtec proposes to offer the community a free shred day event Burrtec proposes to implement a neighborhood watch on wheels program 0 Exceptions to Franchise Agreement Burrtec provided one exception to the Csity RFP and draft franchise agreement involving submitting a copy of its financial statements To satisfy this requirement Burrtec representatives provided accessreview of financial statements in person Burrtec had no other exceptions to the Csity RFP and draft franchise agreement Compliance with Existing Collection Schedules Burrtec will comply with the Csity existing collection schedules OVERVIEW Additional Franchise Fees Offered New Alternative fueled equipment Diversion Programs including green waste organics and commercial recycling Regional presence with existing contracts in place in nearby cities Experienced in transitioning collection services and implementing new agreements Nearby processing facility with capacity for materials Community partner in other contract City events and community organizations Offered free curbside collection of hazardous wastes Offered additional recycling and community awareness incentive based programs Offered free mulch and shred day events Residential Collection 1969 Monthly Multi Family 3Yard Bin Collection 11328 Monthly Commercial 3Yard Bin Collection 12466 Monthly Landfills Proposed clarification letter Puente Hills Olinda Alpha Landfill Orange County Mid Valley Landfill San Bernardino County Salton City Landfill Imperial County Processing Facilities Proposed Allan Company MRF mixed waste No Charge Downey Area TRreacnycslfinegr 6374ton CommerceEWtnaoesrgtey solid waste residue 60ton West Valley MRF mixed waste 5262ton 10 Consolidated Disposal Consolidated Disposal Consolidated is a subsidiary of Republic Services a publicly traded company with expansive operations throughout the United States The company has over 30 years of experience The following describes Csonsolidated responsiveness to City requirements included in the Solid WasteRecycling RFP Demonstrated Safety Programs Eauipment Training Vehicles Employees Consolidated provided information related to safety programs in place for employees including safety training programsincentivesrecognition prepost collection procedures and hazardous materials response and healthsafety procedures Consolidated received a satisfactory CHP BIT inspection for 2010 The same inspection referenced remarks related to vehicle lamp violations turn signals out oilgrease accumulation and worn brakestires Other years were not provided No significant findings were made Consolidated did not indicate that any traffic citations were received for the requested period Consolidated provided information related to evqeuhipimcelnet safety activities in place Equipment Proposed for Collection Services Consolidated proposes to use 2101120 model Liquefied Natural Gas LNG vehicles in its collection services This is compliant with the Csity requirements that vehicles be compliant with SCAQMD Rule 1193 and not be older than 3 years old at the start of the collection services franchise agreement Scout trucks and bulky item vehicles would be fueled with diesel and unleaded gasoline Consolidated proposed to use automated containers from Otto Environmental Such containers and bins are suitable for collection services as described in California Public Resources Code Section 43020 Understanding of Scope of ServicesRFP Document Residential Services Consolidated proposes to use fully automated collection services for curbside solid waste recycling and green waste collection activities A 3container system is offered for residents Temporary bin services will be available to residents with 24 hours advance notice on a weekly dropoff basis Bulk item collection will be provided with no additional charge 25 times per year 5 items each time with 48 hours advance notice Residents will also be offered programs for holiday tree collectionrecycling backyardoffstreet collection services and seniordisabled collection discount programs Commercial Services Consolidated proposes to service accounts with bin sizes ranging from 96 gallon containers to 6 cubic yards No additional charges will be assessed for scout assistance to relocate bins for collection Commercial recycling programs will be implemented in accordance with Assembly Bill 341 Multi Family Services Consolidated proposes to service multi family accounts 5 units or greater with bin sizes ranging from 96 gallon containers to 6 cubic yards Bulk item collection services will be provided to multi family residents not 11 including apartment managers with no additional charge 4 times per year 4 items each time with 48 hours notice Commercial recycling programs will be implemented in accordance with Assembly Bill 341 to multi family properties with 5 units or greater Other Services Consolidated will continue to collect materials from City facilities bus stop locations at City events and for City projects at no additional charge Consolidated will also continue to provide a bulk item rover to remove items from the public rightofway during business days 6amto 12pm Experience and Service Transitions with Other Public Agencies Consolidated has successfully transitioned services in other communities including the City of Hawthorne 2007 Unincorporated La Crescenta 2007 and City of Lawndale 2011 Consolidated provided a detailed description of activities related to implementation activities that would occur in Rosemead including a detailed timeline and implementation tasks Consolidated has significant experience providing solid waste collection services including the cities of Los Alamitos Alhambra El Segundo and Whittier Consolidated is also the Csity existing service provider References have indicated successful transition periods in each of these cities OrganizationPersonnel Assigned to Contract Consolidated has a staff qualified to manage contract operations in the City of Rosemead Such staff includes managerial oversight government relations community educationoutreach and operations personnel Consolidated proposes to use existing drivers in collection services in the City of Rosemead Drivers have a familiarity and understand intricacies involved with serving the community Consolidated provided an organizational chart indicating the operational structure for providing services in the City of Rosemead Customer Service Programs Consolidated will continue to provide quarterly billing for all residential accounts and monthly billing for commercial accounts including billing inserts for City programs if notified in advance Consolidated staffs its call center Monday Friday 6 am to 5 pm and will continue to provide a dedicated staff member in a local office for 20 hours per week Consolidated will perform customer service studies in cooperation with the City at the conclusion of the first 6 months of service and every year afterwards DisposalDiversion Programs 60 Diversion Requirement Consolidated describes its ability to meet the Csity required diversion of 60 through diversion programs and processing activities 12 AB 341 ComplianceCommercial Recycling Programs Consolidated describes its ability to comply with state mandated outreach and programs associated with this legislation and proposes to divert 53 of commercial materials collected Food Waste Diversion Consolidated proposes to implement a permanent restaurant food waste program called the One Bin Plus System Such system proposes to bag organic waste place these bags in with customers trash and then organic materials are sorted out at a processing facility Organic materials would then be taken to Inland Empire Composting Facility located in Chino The proposal indicates that Consolidated will provide containers and bags to facilitate this program Green Waste End Uses Green waste materials will be used as alternate daily cover until such period that it is not allowed as recyclable materials No further information is provided about other specific end uses for green waste Consolidated did reference processing for organic materials which includes green waste Proposed Processing Facilities Consolidated indicates that processing is available at CVT Regional MRF in Anaheim This facility has a current capacity of6000 tons per day and currently4200 tons are processed A full description of this facility and transfer facilities was provided including permit identification numbers Proposed Landfill Facilities Consolidated indicates that Sunshine Canyon Landfill will be used Some materials may also be taken to Alpha Olinda Landfill in Brea Outstanding ClaimsLitigation and Financial Stability Dunn and Bradstreet reports will be reviewed along with financial statements provided by Consolidated Franchise Fees Offered Consolidated proposes to provide franchise fees to the City as follows o 16Million due upon signing the franchise agreement o A minimum of 0500 or 10 of gross receipts annually whichever is greater Maximum Customer Service Rates Key service rates include the following Residential Collection 1726 Monthly Multi Family 3Yard Bin Collection 17351 Monthly Commercial 3Yard Bin Collection 17351 Monthly Additional Programs Offered Consolidated proposes a revenue share program in the sale of recyclables in excess of3200 tons per year The analysis shows that this revenue share would be minimal Consolidated proposes curbside electronic waste and battery collection inclusive in its rate proposal 13 Consolidated proposes to become the title sponsor of the Csity Concerts in the Park series Consolidated proposes a recycling program called Grades of Green that is designed to educate students and schools to better care for the environment Consolidated proposes to offer five1000 scholarships to graduating high school seniors in the City of Rosemead Consolidated proposes a recycling incentive program called Recycling Rewards that will reward neighborhood zones 10 gift cards to City businesses for demonstrating leadership in community recycling Further the program will reward the top 10 recycling customers with free collection services for a year Consolidated offers a recycling program called Bikes and Books that will offer collection and reuse programs for bicycles and books Consolidated proposes to offer the free community shred day events Consolidated proposes to establish a new outreach campaign called Curb It that provide recycling and environmental program information to the community Exceptions to Franchise Agreement Consolidated had no exceptions to the Csity RFP and draft franchise agreement Compliance with Existing Collection Schedules Consolidated will comply with the Csity existing collection schedules OVERVIEW Analysis of potential additional revenues from revenue share program is estimated to be minimal Alternative fueled equipment Diversion Programs including green waste organics and commercial recycling Regional presence with existing contracts in place in nearby cities The Csity current solid waste collection provider with full knowledge of routes and the community Experienced in transitioning collection services and implementing new agreements Processing facility within 30 miles with capacity for materials Community partner in City events and community organizations Offered free curbside collection of some hazardous wastes Offered additional recycling and community awareness incentive based programs Offered shred day events Residential Collection 1726 Monthly Multi Family 3Yard Bin Collection 17351 Monthly Commercial 3Yard Bin Collection 17351 Monthly Landfills Proposed o Sunshine Canyon owned by parent company Republic Services Processing Facilities Proposed CVT mixed waste 52ton Commerce WastetoEnergy solid waste residue 14 Rainbow Disposal Rainbow Disposal Rainbow is an employee owned company with operations in Orange County The company has over 50 years of experience The following describes Rsainbow responsiveness to City requirements included in the Solid WasteRecycling RFP Demonstrated Safety Programs Equipment Training Vehicles Employees Rainbow provided information related to safety programs in place for Employees including safety training programsincentives and hazardous materials response and healthsafety procedures Rainbow received a satisfactory CHP BIT inspection for 2008 Other years were not provided The proposal further indicates that in the past 5 years CalOSHA has inspected their facility 4 times During these inspections a total of 10 fix it citations were received Rainbow did not indicate that any traffic citations were received for the requested period Rainbow provided information related to evqeuhipimcelnet safety activities in place Equipment Proposed for Collection Services Rainbow proposes to use 2009 2011 2011 and 12 model Compressed Natural Gas CNG vehicles in its collection services This is compliant with the Csity requirements that vehicles be compliant with SCAQMD Rule 1193 According to the City requirements vehicles are not to be older than 3years at the start of the collection services franchise agreement Only the 210121 models would be compliant Scout trucks and bulky item vehicles would be fueled with diesel Rainbow proposed to use automated containers from Rehrig Pacific Such containers and bins are suitable for collection services as described in California Public Resources Code Section 43020 Understanding of Scope of ServicesRFP Document Residential Services Rainbow proposes to use fully automated collection services for curbside solid waste recycling and green waste collection activities A 3container system is offered for residents Temporary bin services will be available to residents with 24 hours advance notice on a weekly dropoff basis Bulk item collection will be provided with no additional charge 25 times per year 5 items each time with 48 hours advance notice Residents will also be offered programs for holiday tree collectionrecycling backyardoffstreet collection services and seniordisabled collection discount programs Commercial Services Rainbow proposes to service accounts with bin sizes ranging from 96 gallon containers to 6 cubic yards No additional charges will be assessed for scout assistance to relocate bins for collection Commercial recycling programs will be implemented in accordance with Assembly Bill 341 Multi Family Services Rainbow proposes to service multi family accounts 5 units or greater with bin sizes ranging from 96 gallon containers to 6 cubic yards Bulk item collection services will be provided to multi family residents not 15 including apartment managers with no additional charge 4 times per year 4 items each time with 48 hours notice Commercial recycling programs will be implemented in accordance with Assembly Bill 341 to multi family properties with 5 units or greater Other Services Rainbow will collect materials from City facilities bus stop locations at City events and for City projects at no additional charge Rainbow will also continue to provide a bulk item rover to remove items from the public rightofway during business days 6amto 12pm Experience and Service Transitions with Other Public Agencies Rainbow has successfully transitioned services in other communities including Unincorporated Sunset Beach 2007 Fountain Valley 2006 and City of Huntington Beach 2006 Rainbow provided a detailed description of activities related to implementation activities that would occur in Rosemead including a detailed timeline and implementation tasks Rainbow has significant experience providing solid waste collection services including the cities of Huntington Beach Fountain Valley and Westminster References have indicated successful transition periods in each of these cities OrganizationPersonnel Assigned to Contract Rainbow has a staff qualified to manage contract operations in the City of Rosemead Such staff includes managerial oversight govemment relations community educationoutreach and operations personnel Rainbow proposes to hire new drivers in collection services in the City of Rosemead Rainbow provided an organizational chart indicating the operational structure for providing services in the City of Rosemead Customer Service Programs Rainbow will provide quarterly billing for all residential accounts and monthly billing for commercial accounts including billing inserts for City programs if notified in advance Rainbow staffs its call center Monday Friday 8amto 5pmand will provide a dedicated staff member in a local office for 20 hours per week Rainbow will perform customer service studies in cooperation with the City at the conclusion of the first 6 months of service and every year afterwards DisposalDiversion Programs 60 Diversion Requirement Rainbow describes its ability to meet the Csity required diversion of 60 through diversion programs and processing activities Rainbow further proposes to divert 61 of materials collected AB 341 ComplianceCommercial Recycling Programs Rainbow describes its ability to comply with state mandated outreach and programs associated with this legislation 16 Food Waste Diversion Rainbow proposes to implement a permanent restaurant food waste program through a source separated program The proposal indicates a cost of 251month for this collection service Materials will be processed at the Rainbow MRF and then taken to its subsidiary Agromin Oxnard for processing and use as feedstock for composting and digestion processes Green Waste End Uses Green waste materials will be processed at its subsidiary processing facility Agromin OC located in Oxnard Proposed Processing Facilities Rainbow indicates that processing is available at its MRF in Huntington Beach This facility has a current capacity of4000 tons per day and currently 1400 tons per day are processed at this facility A full description of this facility was provided including permit identification numbers and documentation Proposed Landfill Facilities Rainbow indicates availability at several landfills including Puente Hills Mesquite and El Sobrante Outstanding ClaimsLitigation and Financial Stability Dunn and and Bradstreet reports will be reviewed along with financial statements provided by Rainbow Franchise Fees Offered Rainbow proposes to provide franchise fees to the City as follows o 16Million due upon signing the franchise agreement o A minimum of 0500 or 10 of gross receipts annually whichever is greater Maximum Customer Service Rates Key service rates include the following Residential Collection 139 Monthly Multi Family 3Yard Bin Collection 10005 Monthly Commercial 3Yard Bin Collection 10005 Monthly Additional Programs Offered Rainbow proposes a recycling incentive program called Environmental Sustainability Partnership that is designed to promote environmental programs and recognize participants that participate in programs The ESP Program mentions presentations outreach awards and reporting Exceptions to Franchise Agreement Rainbow had no exceptions to the Csity RFP and draft franchise agreement Compliance with Existing Collection Schedules Rainbow will comply with the Csity existing collection schedules 17 OVERVIEW Alternative fueled equipment Diversion Programs including green waste organics and commercial recycling Presence in Orange County with existing contracts in place Experienced in transitioning collection services and implementing new agreements Processing facility within 30 miles with capacity for materials Community partner in other contract City events and community organizations Residential Collection 139 Monthly Multi Family 3Yard Bin Collection 10005 Monthly Commercial 3Yard Bin Collection 10005 Monthly Landfills Proposed Puente Hills Mesquite El Sobrante Processing Facilities Proposed o Rainbow MRF mixed waste7938ton IN Valley Vista Services Valley Vista Services Valley Vista is a privately owned company with operations in Los Angeles County The company has over 50 years of experience The following describes Valley Vsista responsiveness to City requirements included in the Solid WasteRecycling RFP Demonstrated Safety Programs Equipment Training Vehicles Employees Valley Vista provided information related to safety programs in place for Employees including safety training programs and hazardous materials response and healthsafety procedures Valley Vista received a satisfactory CHP BIT inspection for 2008 It was further indicated that this was the last inspection received The inspection referenced remarks related to vehicle lamp violations oilgrease accumulation and worn brakes No significant findings were made Valley Vista did not indicate that any traffic citations were received for the requested period Valley Vista provided information related to evqeuhipimcelnet safety activities in place Equipment Proposed for Collection Services Valley Vista proposes to use new 2013 model Compressed Natural Gas CNG vehicles in its collection services Roll off trucks will be 2012 CNG vehicles This is compliant with the Csity requirements that vehicles be compliant with SCAQMD Rule 1193 and not be older than 3years old at the start of the collection services franchise agreement Scout trucks and bulky item vehicles would be fueled with diesel and unleaded gasoline Valley Vista proposed to use automated containers from Rehrig Pacific Such containers and bins are suitable for collection services as described in California Public Resources Code Section 43020 Understanding of Scope of ServicesRFP Document Residential Services Valley Vista proposes to use fully automated collection services for curbside solid waste recycling and green waste collection activities A 3container system is offered for residents Temporary bin services will be available to residents with 24 hours advance notice on a weekly dropoff basis Bulk item collection will be provided with no additional charge 25 times per year 5 items each time with 48 hours advance notice Residents will also be offered programs for holiday tree collectionrecycling backyardoffstreet collection services and seniordisabled collection discount programs Commercial Services Valley Vista proposes to service accounts with bin sizes ranging from 96 gallon containers to 6 cubic yards No additional charges will be assessed for scout assistance to relocate bins for collection Commercial recycling programs will be implemented in accordance with Assembly Bill 341 Multi Family Services Valley Vista proposes to service multi family accounts 5 units or greater with bin sizes ranging from 96 gallon containers to 6 cubic yards Bulk item collection services will be provided to multi family residents not 19 including apartment managers with no additional charge 4 times per year 4 items each time with 48 hours notice Commercial recycling programs will be implemented in accordance with Assembly Bill 341 to multi family properties with 5 units or greater Other Services Valley Vista will collect materials from City facilities bus stop locations at City events and for City projects at no additional charge Valley Vista will also provide a bulk item rover to remove items from the public rightof way during business days 6amto 12pm Experience and Service Transitions with Other Public Agencies Valley Vista has successfully transitioned services in other communities including El Monte 2005 Walnut 2005 and Unincorporated Hacienda Heights 2010 Valley Vista provided a detailed description of activities related to implementation activities that would occur in Rosemead including a detailed timeline and implementation tasks Valley Vista has significant experience providing solid waste collection services including the cities of Walnut Diamond Bar and El Monte References have indicated successful transition periods in each of these cities OrganizationPersonnel Assigned to Contract Valley Vista has a staff qualified to manage contract operations in the City of Rosemead Such staff includes managerial oversight government relations community educationoutreach and operations personnel Valley Vista did not indicate whether existing drivers will be used in collection services in the City of Rosemead Valley Vista provided an organizational chart indicating the operational structure for providing services in the City of Rosemead Customer Service Programs Valley Vista will continue to provide quarterly billing for all residential accounts and monthly billing for commercial accounts including billing inserts for City programs if notified in advance Valley Vista staffs its call center Monday Friday 7 am to 5 pm and will continue to provide a dedicated staff member in a local office for 20 hours per week Valley Vista will perform customer service studies in cooperation with the City at the conclusion of the first 6 months of service and every year afterwards DisposalDiversion Programs 60 Diversion Requirement Valley Vista describes its ability to meet the Csity required diversion of 60 through diversion programs and processing activities AB 341 ComplianceCommercial Recycling Programs Valley Vista describes its ability to comply with state mandated outreach and programs associated with this legislation 20 Food Waste Diversion Valley Vista proposes to implement a voluntary restaurant food waste program but does not specify an organics processing facility Valley Vista does indicate that it is developing an anaerobic digestion that will allow conversion of materials to natural gas for its collection fleet Green Waste End Uses Green waste materials will be used as Alternate Daily Cover until such period that it is not allowed as recyclable materials Valley Vista does indicate that it is developing an anaerobic digestion that will allow conversion of materials to natural gas for its collection fleet Proposed Processing Facilities Valley Vista indicates that processing is available at Grand Central Recycling in Industry The current capacity of this facility is 5000 tons per day and currently1500 tons per day are processed at this facility A full description of this facility was provided including permit identification numbers Proposed Landfill Facilities Valley Vista indicates availability at several landfills including Puente Hills Olinda Alpha and El Sobrante Outstanding ClaimsLitigation and Financial Stabilitv Dunn and Bradstreet reports will be reviewed along with financial statements provided by Valley Vista Franchise Fees Offered Valley Vista proposes to provide franchise fees to the City as follows o 16Million due upon signing the franchise agreement o A minimum of 0500 or 10 of gross receipts annually whichever is greater Maximum Customer Service Rates Key service rates include the following Residential Collection 119 Monthly Multi Family 3Yard Bin Collection 19544 Monthly Commercial 3Yard Bin Collection 19544 Monthly Additional Programs Offered Valley Vista proposes curbside electronic and universal waste inclusive in its rate proposal Valley Vista proposes recycling program outreach services for customers Exceptions to Franchise Agreement Valley Vista had no exceptions to the Csity RFP and draft franchise agreement Compliance with Existing Collection Schedules Valley Vista will comply with the Csity existing collection schedules 21 OVERVIEW New Alternative fueled equipment Diversion Programs including green waste organics and commercial recycling Presence in Los Angeles County with existing contracts in place in nearby cities Experienced in transitioning collection services and implementing new agreements Nearby processing facility with capacity for materials Community partner in other contract City events and community organizations Residential Collection 119 Monthly Multi Family 3Yard Bin Collection 19544 Monthly Commercial 3Yard Bin Collection 19544 Monthly Landfills Proposed Puente Hills Olinda Alpha El Sobrante Processing Facilities Proposed o Grand Central Recycling mixed waste t57o23n 22 Athens Services WasteTCRDSroeistalclrpenyecocstlsfeiinoeagntrl Sweeping 14048 Valley Blvd PO Box 60009 February 21 2012 City of Industry CA 917160009 Fax 626 3304686 626 3363636 Rosemead City Hall Solid WasteRecycling RFP Attn City Clerk 8838 East Valley Boulevard Rosemead CA 91770 Re Request for Proposal Responses to Questions letter received from Chris Marcarello 2132012 Athens Services is responding to three questions as they relate to clarify answers on the RFP we submitted Please accept our answers and contact us if you have any questions or comments 1 Please list the names and locations of any likely landfills that will be used for the final disposal of materials which are not recycled or sent to a wastetoenergy facility If the Puente Hills Landfill is a listed location please provide information regarding where materials will be taken once Puente Hills is closed Athens Services will be using Puente Hills Landfill 2802 Workman Mill Road Whittier CA 90601 and Chiquita Canyon landfill 29201 Henry Mayo Drive Castaic CA 91384 Athens has additional resources for final disposal of materials which are not recycled or transformed These include Sunshine Canyon 14747 San Fernando Road Sylmar CA 91342 El Sobrante Landfill 10910 Dawson Canyon Corona CA 92883 Mesquite Regional Landfill 444 S 8t Street El Centro CA 92243 Olinda Alpha Landfill 1942 N Valencia Avenue Brea CA 92823 and Frank Bowerman Landfill 11002 Bee Canyon Access Road Irvine CA 92602 When Puente Hills closes we have numerous resources for the residual With State Mandates requiring 75 diversion residual is becoming a less prominent portion of the disposal piece which is exactly why we focus on our Material Recovery Facility and guarantee capacity for you Our MRF is six miles from your city This model guarantees the least significant carbon footprint and road exposure Once at our MRF you have guaranteed capacity for the processing AB 341 compliant and residual to the ultimate destination 2 Please provide the Company Financial Statement for the year 2011 2011 Attached 3 In your proposal you provided reference to two franchise fee structures The first structure indicates an upfront payment of3 Million and annual payments of at least0700with a corresponding rate structure The second structure indicates an upfront payment of16Million and annual payments of at least 0500 as required in the Csity RFP This structure includes an opportunity to buy down service rates totaling03040 per year Per your proposal and the Csity interpretation of the proposal if the 03040 is applied solely to the residential rate this rate would be set at1446 per month in the first year of service All other remaining rates would be set at the rates listed in Attachments C1 to C4 that you submitted Please confirm Confirmed In addition upon award of contract Athens Services is willing to negotiate any further conditions requested by the City of Rosemead Sincerely C Gary M Clifford Il Chief Operating Officer Athens Services BURRTEC WASTE INDUSTRIES INC lWle Take Care Of It February 14 2012 City of Rosemead Attn City Clerk 8838 East Valley Blvd Rosemead CA 91770 Re Request for Proposal Clarifications In response to your request for clarifications of February 12 2012 Burrtec is pleased to provided the following information 1 Please list the names and locations of any likely landfills that will be used for the final disposal of materials which are not recycled or sent to a wastetoenergy facility If the Puente Hills Landfill is a listed location please provide information regarding where materials will be taken once Puente Hills is closed Burrtec proposes utilizing the disposal sites listed below once Puente Hills closes In order to retain low cost disposal capacity Burrtec secured and maintains waste disposal agreements with Olinda Alpha Landfill and the San Bernardino County Landfill System Olinda Alpha Landfill Orange County Mid Valley Landfill San Bernardino County Salton City Landfill County of Imperial 2 Please provide the Company Financial Statements for the year 2011 Burrtec will provide for the Csompany 2011 Financial Statement for review at Rosemead City Hall on February 15 2012 We look forward to discussing the benefits of our Proposal in greater detail with the representatives of the City of Rosemead Thank you once again for the opportunity to participate in the process Sincerely ZxRichard Nino Director Municipal Services 9890 Cherry Avenue Fontana California 92335 909 4294200 FAX 909 4294290 CNSOLIDATED DISPOSAL SERVICE A Subsidiary of 1REPUBLIC SERVICES INC February 21 2012 Chris Marcarello Director of Public Works City of Rosemead 8838 East Valley Boulevard Rosemead California 91170 Request for Proposal City of Rosemead Solid WasteRecycling Collection Services Response to Questions Dated February 13 2012 Dear Mr Marcarello Thank you for the opportunity to respond to the Csity questions dated February 13 2012 Each question is answered in the order presented in the above referenced letter 1 Please list the names and locations of any likely landfills that will be used for the final disposal of materials which are not recycled or sent to a waste energy facility If the Puente Hills Landfill is a listed location please provide information regarding where materials will be taken once Puente Hills is closed One of the key benefits of Csonsolidated proposal is that all key disposal and processing facilities are owned and operated by parent company Republic Serviceswhich facilitates rate stabilization and guarantees processing and disposal capacity throughout the term of the agreement Puente Hills Landfill is not a listed location These are the landfills that will be utilized as indicated in Csonsolidated proposal Section J Sunshine Canyon Landfill Alpha Olinda Landfill 2 Please provide the Company Financial Statement for the year 2011 Republic Services Isnc 2011 Form 10K was published on February 17 2012 Please find a copy of it in the accompanying binder 3 In your proposal you provided reference to a revenue sharing program for recyclable materials The proposal indicates that each year 100 of the proceeds from the sales of recyclables over3200 tons would be returned to the City The City interprets this to mean that the referenced recyclables are commingled including all recyclable materials Please confirm In addition please provide the current average market value of the referenced commingled recyclable material per ton Consolidated will rebate 100 of all net proceeds for all commingled and source separated recyclable materials in excess of3200 tons annually that are placed by any customer residential multi family and commercial in recycling containers and are separated from trash and green waste An assertive outreach and education program for each generator type has been designed to ensure that optimal levels of recycling participation are achieved and maintained Campaign components by generator type include 12949 Telegraph Road Santa Fe Springs CA 90670 Page 1 CONSOLIDATED DISPOSAL SERVICE A Subsidiary of UREPUBLIC SERVICES INC Residential Customers Upgraded website and educational materials 12949 Telegraph Road CurbIt outreach theme designed to encourage residents to sort out recyclables from trash Recycling Rewards Program Santa Fe Springs CA 90670 Consolidated proposed retaining the current residential threecart system for several reasons particularly the opportunity to increase awareness and therefore also increase recycling participation which is facilitated through Csonsolidated proposed assertive public education and outreach campaign The result of those efforts will be reflected in clean easily marketable single stream commodities that result in higher per ton revenues that can only be achieved through a threecart system where recyclable commodities are not commingled with trash thus yielding much higher returns on sales Consolidated has also developed a menu of interesting additional initiatives for residential customers which will support recycling awareness and generate good recycling behaviors such as the Recycled Bikes program Books Recycling program Curbside EWaste Collection program Household Batteries Collection program and Community Shred Days This will again translate into higher recycling volumes and corresponding revenues Multi Family Customers Free recycling Recycling Opportunity Assessments Container rightsizing to optimal recycling Onsite workshops and training Collection point education Monitoring and followup Commercial Customers Free recycling Recycling Opportunity Assessments Container rightsizing to optimal recycling Tailored approach to recycling including various container options and comingled or source separated recycling Onsite workshops technical assistance and training Monitoring followup and progress reporting It is important to note that due to the high value of commercial fiber and other materials Consolidated will identify high volume generators of high grade materials during the assessment phase and implement source separated recycling programs to capture those materials and generate higher recycling revenue in as many instances as possible Because commercial recycling is offered free of charge Consolidated anticipates excellent program participation Page 2 CONSOLIDATED DISPOSAL SERVICE A Subsidiary of SREPUBLIC SERVICES INC Proceeds from the sale of recyclable materials net of processing and transfer fees are currently estimated at around 35 per ton It is noteworthy that recyclable materials are commodities and subject 12949 Telegraph Road to market fluctuations that are strictly beyond any esntity control Net per ton pricing of commingledcurbside recyclable materials brokered through Southern California recyclers have ranged Santa Fe Springs CA 90670 from 030to060per ton over the past five years Consolidated will push beyond3200 tons per year to generate revenue for the City through these initiatives and consistent engagement with the community via the outreach and education methods introduced in Csonsolidated proposal and summarized above These programs will be complemented and supported by the continuance and expansion of Csonsolidated Grades of Green schools education and student scholarship programs As the incumbent service provider Consolidated can implement the new education and outreach activities immediately upon execution of the Agreement Please feel free to contact me directly for further information or clarification of Csonsolidated response and commitment to significantly increasing recycling activity in Rosemead Sincerely Gkre Government Affairs Manager Page 3 CITY OF ROSEMEAD REQUEST FOR PROPOSAL RFP No 201108 SOLID WASTE AND RECYCLING COLLECTION SERVICES SUBMITTED February 21 2012 M RAINBOW ENVIRONMENTAL SERVICES RAINBOW ENVIRONMENTAL SERVICES 100 Employed Owned Jeff Snow Executive Vice President Questions 1 Please list the names and locations of any likely landfills that will be used for the final disposal of materials which are not recycled or sent to a wastetoenergy facility If the Puente Hills Landfill is a listed location please provide information regarding where materials will be taken once Puente Hills is closed Rainbow Environmental Services will utilize the Puente Hills Landfill 1310 Crossroads Parkway South City of Industry CA 91746 as its initial and primary landfill disposal site for residue materials which are not recycled or transformed at the Commerce Wasteto Energy Facility Rsainbow primary long term disposal strategy is to significantly reduce the disposal component through continuous increases in diversion Rainbow is an anti landfill company in philosophy and practice Rainbow will relentlessly pursue near zero waste solutions for Rosemead through material recovery and WTE innovations recycling education and outreach direct environmental sustainability consultation with businesses and multi family units and positive reinforcement through our ESP recognition and green promotion programs After landfill closure the Puente Hills MRF Rail Haul 1310 Crossroads Parkway South City of Industry is expected to be the primary residue disposal vehicle Additionally Rainbow will offer residual material disposal for Rosemead at the El Sobrante Landfill 10910 Dawson Canyon Corona CA 92883 Rsainbow commitment to reductions in the disposal component and multiple disposal options will be fully engaged and exercised in order to assure maximum economic benefit and rate stability for Rosemead 2 Please provide the Company Financial Statement for the year 2011 Please find Company Financial Statements for the year ending June 30 2011 enclosed Valley Vista Services Waste Disposal and Recycling Division 17445 Fast Railroad Street City of Industry California 91748 626 9616291 Fax 626 9611105 Rewvmng Ne F hs Re uo s February 20 2012 Chris Marcarello Director of Public Works 8838 East Valley Boulevard Rosemead CA 91770 Dear Mr Marcarello I am in receipt of your letter dated February 13 2012 where you are requesting responses to two questions I have the questions and answers listed below Questions 1 Please list the names and locations of any likely landfills that will be used for the final disposal of materials which are not recycled or sent to a ewtnaoesrgtey facility If the Puente Hills Landfill is a listed location please provide information regarding where materials will be taken once Puente Hills is closed Valley Vista uses all three landfills listed below and we will continue to use two after the closure of Puente Hills Landfill 1 Puente Hills Landfill until closure 13130 Cross Roads Parkway South City of Industry CA 91746 2 El Sobrante Landfill Landfill currently use 10910 Dawson Corona CA 92883 3 Brea Olinda Landfill currently use 1942 North Valencia Avenue Brea CA 92823 2 Please provide the Company Financial Statement for the year 2011 As per our email dated February 15 2012 you approved our unaudited 2011 Financial Statement for submittal and it is an attachment to this letter for review Please let me know if you have any other questions or comments Wjas Sales and Marketing Manager Valley Vista Services Inc 626 0889801 Printed on Recycled Paper CITY OF ROSEMEAD REQUEST FOR PROPOSAL RFP No 2011 08 SOLID WASTE AND RECYCLING COLLECTION SERVICES Submittal Deadline January 18 2130012am PLEASE NOTE MANDATORY PREBID MEETING TABLE OF CONTENTS Page 1234567Ea10 INTRODUCTION 1 PROPOSAL SUBMITTAL DATE AND REVIEW 1 CITY POINT OF CONTACT 1 SCHEDULE 1 BACKGROUND 2 CITY INFORMATION STATISTICS 3 GENERAL CONDITIONS 5 A Authority to Withdraw RFP andor Not Award Contract 5 B Public Records Act 5 C Maximum Customer Rates 5 D Franchise Fees Payable to City 5 E Good Corporate Citizenship 6 F Insurance and Performance Bond 6 G Proposal Evaluation Criteria 6 H Conflicts of Interest 7 I Familiarity with Laws and Ordinances 7 PROPOSAL FORMAT AND CONTENT 7 PRE PROPOSAL MEETING 12 ATTACHMENTS A Scope of Work 14 B Service TypesDescription and Map 22 C Total Maximum Rate Schedule 23 D City Facilities Events 24 E Draft Franchise Agreement 25 i Request For Proposal Solid Waste and Recycling Collection Services Page 1 1 The City of Rosemead is seeking proposals from qualified firms for solid waste and recycling collection services The anticipated service start date for a new collection service franchise agreement is August 1 2013 Specifically the City of Rosemead is interested in receiving proposals for an exclusive franchise Agreement that will encompass residential multi family commercialindustrial and temporary binbox accounts The specific services and contract terms are set forth in this document and in the Draft Franchise Agreement which together make up the Request for Proposal RFP Prospective proposers should examine these documents in detail in order to understand the services being requested 2 PROPOSAL SUBMITTAL DATE AND REVIEW Sealed proposals will be received by the Office of the City Clerk at Rosemead City Hall located at 8838 East Valley Boulevard Rosemead CA 91770 no later than 130am January 18 2012 Firms must submit nine 9 complete copies of their proposals The received proposals will become part of the official files of the City of Rosemead and will not be returned Late proposals will not be accepted The RFP package must be sealed and labeled as follows Proposal For Solid Waste and Recycling Collection Services SEALED All proposals will be reviewed to determine conformance with the RFP requirements Any proposal deemed incomplete conditional or non responsive to the RFP may be rejected The City reserves the right to reject any and all proposals After a careful review of each submitted proposal the City will conduct a thorough evaluation as described in Section 7 G of this RFP 3 CITY POINT OF CONTACT Technical questions should be directed in writing to Chris Marcarello Director of Public Works 626 5692118 cmarcarello@ocityorfrosegmead Firms interested in submitting a proposal are asked not to contact other representatives of the City of Rosemead in connection with the RFP prior to the announcement of a preferred firm No person is authorized to make oral changes to the RFP 4 SCHEDULE The City plans to adhere to the following schedule to the extent possible Changes to the schedule will be at the sole option of the City Following are key dates for the Solid Waste and Recycling Collection RFP Request For Proposal Solid Waste and Recycling Collection Services Page 2 Mailing of RFP November 14 2011 Mandatory PreBid Meeting November 30 2011 at 010am Public Services Facility Garvey Park 7933 Emerson Place Rosemead CA 91770 QuestionAnswer Deadline December 7 2011 0102pm Questions must be submitted in writing via email to Chris Marcarello or by mail or hand delivery to the City Cslerk Office Question Responses Addendum Issuance December 14 2011 if needed Proposals due to the City City Council Action January 18 2012 before 130ma Due at the City Cslerk Office 8838 E Valley Blvd Rosemead CA 91770 FMebarrucarhy 2012 Note City Hall offices will be close between December 23 2011 and January 2 2012 5 BACKGROUND The City of Rosemead City is soliciting written competitive proposals from private firms to provide solid waste collection and recycling services for residential multi family commercial and industrial customers within the City The 10 year franchise agreement will allow and require the successful firm to provide solid wasterecycling collection services within City boundaries shown on the attached map for existing and future service needs within the service area The Csity objectives for the solid waste collection and recycling services are to Provide cost effective environmentally sound and efficient solid waste management system which includes mandatory collection of solid waste and recyclable materials Preserve the environment and protect the health safety and quality of life for Rosemead residents by utilizing fullyautomated AQMD compliant vehicles and trained operators Comply with the State of California Assembly Bill 939 known as the California Integrated Waste Management Act of 1989 which requires jurisdictions to divert from disposal in landfills 50 of the solid waste generated within the City and all other State and federal mandates during the term of the Franchise Agreement Request For Proposal Solid Waste and Recycling Collection Services Page 3 Participate in the City of Rosemead as an exemplary corporate citizen by supporting local non profit organizations and serving as a member of the community 6 CITY INFORMATIONSTATISTICS The City of Rosemead has a population of approximately 05050 residents contained in 5 square miles located in the heart of the San Gabriel Valley The City uses an exclusive franchise system to provide solid wasterecycling collection services Both residential and commercial solid wasterecycling collection is performed primarily on Monday through Friday from 700 am to 500 pm Some commercial accounts receive service outside of these hours and on Saturday A map of the residential solid waste collection schedule that is already established is provided on Attachment B The following table shows an estimated number of homes businesses multi family residences and tonnage collected in Rosemead This data is presented for information only and the City accepts no responsibility for the accuracy of this data All prospective bidders should take whatever steps they feel are necessary to verify the number of homes businesses multi family residences containers routes and collection area in preparing their proposals The City is considering amending its Municipal Code to permit self hauling for residents and businesses which choose to obtain a City self hauling permit and comply with the reporting requirements for such permits Proposers should take this into consideration in making their proposals 2010 2010 Number of Single Family Homes 9058 Number of SeniorDisabled Accounts 235 Number of Multi Family Homes 2192 Number of Commercial Accounts 81 Serviced on Saturdays Number of Commercial Bin Accounts page 7 156 cubic yard bin containers Number of Accounts that Receive 178 Scout Service Number of Commercial Box Accounts 718 Rolloff box containers Tonnage Collected 2010 Trash Recycling Green Waste Total Tons Tons Tons Tons Residential 9179699 413757 773063 1278040 Commercial 3153376 513959 9173265 Roll off Permanent and temporary 493486 63458 034925 738343 767244 773063 2471451 The7641 tons labeled as mixed recyclables includes5587 tons directed to a transformation facility Request For Proposal Solid Waste and Recycling Collection Services Page 4Commercial Bin Accounts by Bin SizeCollection Frequency 3 Cubic Yard Bin 285 1 157 1 99 1 32 1 77 650 4 Cubic Yard Bin 5 3 5 5 1 19 6 Cubic Yard Bin 0 0 0 0 1 1 TOTAL 442 163 104 37 79 825 Request For Proposal Solid Waste and Recycling Collection Services Page 5 7 GENERAL CONDITIONS A Authority to Withdraw RFP andor Not Award Contract The City Rosemead reserves the right to withdraw this RFP at any time without prior notice Furthermore the City makes no representations that it will enter into a franchise agreement with any firm responding to the RFP The City expressly reserves the right to postpone the opening of proposals at its own convenience and to reject any andor all proposals responding to this RFP without indicating any reasons for such rejection The City shall not be obligated to any firm to enter into a Franchise Agreement with the firm despite the City Csouncil prospectively awarding the Franchise Agreement to a Proposer The City shall be obligated to a proposer if and only if the City enters into a Franchise Agreement for the services with the proposer No action will lie against the City to compel it to execute a Franchise Agreement or to recover from the City any damages or costs costs any Proposer may incur if the City elects not to sign a Franchise Agreement The City reserves the right to modify the draft Franchise Agreement to more fully effectuate the intent of this RFP and the Csity collection services program B Public Records Act All correspondence with the City including responses to this RFP will become the exclusive property of the City and will be public records under the California Public Records Act Government Code Section 6250 and following The City will maintain the confidentiality of the proposals before it announces a recommendation for award If a responder to the RFP believes that portions of its proposal are exempt from disclosure under the Public Records Act it must be marked as such and specifically state the factual and legal basis for exemption If a request is made for information marked as proprietary or a trade secret City will provide the submitter reasonable notice to seek protection from disclosure in court C Maximum Customer Rates Customer rates are established by the franchise holder not the City However because the City proposes to grant an exclusive franchise the franchise agreement will set maximum permitted rates for the first year of service In the following years the maximum permitted rate will be adjusted by a formula based on change in the Consumer Price Index and local disposaltipping fees as described in the draft Franchise Agreement at Section 81 The total annual maximum rate increases will be limited to five percent 5 per year and may be lower under the prescribed formula D Franchise Fees Payable to City The selected firm shall pay an annual franchise fee equal to at least ten percent 10 of gross receipts collected under the Franchise Agreement The annual franchise fee shall be a minimum of five hundred thousand dollars 0500 per year The franchise fee will help the City recover the costs of time spent overseeing the franchise Request For Proposal Solid Waste and Recycling Collection Services Page 6agreement ensuring compliance with state and federal waste disposal and recycling laws completing projects to deal with water qualitynational pollutant discharge emission system requirements and the impact of the fsranchisee operations on City streets and other public property At no time shall this franchise fee be added to customer billing statements or otherwise passed onto customers Franchise payments will be remitted to the City annually as further described in Section 2 of the Draft Franchise Agreement In addition to annual franchise fee payments the franchise holder shall pay the City One Million Six Hundred Thousand 06100 upon execution of the Franchise Agreement as further described in Section 2 E Good Corporate Citizenship The holder of the exclusive solid wasterecycling franchise is a visible and important part of the Rosemead community and has traditionally been an exemplary corporate citizen supporting local non profit organizations in the community and strengthening Rosemead in other ways Proposals should describe the commitments that the firm will make to continue or expand up on that tradition F Insurance and Performance Bond The selected firm shall provide to the City the necessary insurances and performance bonds as set out in the Section 2 of the Draft Franchise Agreement G Proposal Evaluation Criteria Proposals will be evaluated on the basis of the response to all provisions of this RFP The City of Rosemead may use some or all of the following criteria in its evaluation and comparison of the proposals submitted The criteria listed are not necessarily an all inclusive list The order in which they appear is not intended to indicate their relative importance 1 The fsirm demonstrated awareness of safety in all operations 2 Any outstanding litigation or complaints relative to operational performance and safety 3 A demonstrated understanding of the scope of work and other proposal documents 4 A logical proven methodology for carrying out the work tasks described in the proposal 5 The fsirm recent experience in conducting contracts of similar scope complexity and magnitude particularly for government agencies 6 The quality and quantity of personnel to be assigned to the contract including its recent Solid Waste and Recycling Collection experience 7 The quality and quantity of equipment to be assigned to the contract Request For Proposal Solid Waste and Recycling Collection Services Page 7 8 A listing of the organizational structure and contact information for the proposed contract team 9 The financial stability of the firm 10 Recent references from clients with particular emphasis on local governments customer service reports from other jurisdictions 11 The proposed transition between service providers if applicable 12 The proposed maximum customer charges 13 The proposed franchise fees payable to the City Note Maximum customer charges will not be the sole criteria for award of this Contract All criteria will be considered H Conflicts of Interest City officials may not participate in any decision in which they have a financial interest under the California Political Reform Act Government Code Sections 87100 and following Cities may not contract with any firm in which members of their council have a disqualifying interest under Government Code Section 1090 and following In order to identify any legal conflicts of interest firms submitting a proposal shall identify any officers directors employees or ownership interests that would create constitute a financial interest under the Political Reform Act or Government Code Section 1090 and following for any elected or appointed City official employee or agent I Familiarity with Laws and Ordinances Firms are required to comply with all provisions of State Federal County and City laws ordinances rules and regulations that are applicable to them and their operations The submission of a response to this RFP shall be considered a representation that the firm making the proposal is familiar with all such laws ordinances rules and regulations 8 PROPOSAL FORMAT AND CONTENT Proposals should be typed as briefly as possible They should not include any elaborate or unnecessary promotional material Nine 9 bound or stapled copies of the Proposal should be submitted The following order and content of proposal sections should be adhered to by each firm a Cover Letter A cover letter should summarize key elements of the proposals The letter must be signed by an individual authorized to bind the firm Please include the address and telephone number of the fsirm office located nearest to Rosemead California and the office from which the Draft Franchise Agreement will be managed The letter must stipulate that the proposed maximum customer rates shall be valid for the first year of service one 1 Request For Proposal Solid Waste and Recycling Collection Services Page 8 year and that any future increases will be limited by the Maximum Rate Adjustment formula in the Draft Franchise Agreement The letter should state that upon execution of an Franchise Agreement to provide services the Company understands it will be required to make payment to the City of Rosemead in the amount of16Million The letter should further state as a condition of the Franchise Agreement the firm will remit at least 10 of annual gross receipts minimum of 0500 each year to the City and at no time will franchise fee costs be added to customer billing statements or passed on to its customers in Rosemead b Background and Approach The Background and Approach Section should describe the fsirm understanding of the City and the service to be provided c Work Plan and Methodology This section should clearly describe the services the firm will provide and the methodology for providing them d Organization and Staffing Describe the fsirm approach and methods for managing the services to be provided under the contract including all reporting and other requirements Provide an organizational chart showing proposed team members Describe the responsibilities of each person on the team Identify the pserson who will be the key contact s with the City of Rosemead Please include resumes for key members of the team with particular emphasis on their experience and qualifications e Experience and Qualifications The successful firm must be qualified by experience adequate financing staffing and equipment to provide the services specified in this RFP Describe all recent ten years experience in providing services of the type solicited by this RFP Include on each listing the name of the agencyjurisdiction issuing a franchise or agreement or in which services are provided a description of the services provided primary agency contact address and telephone number dates for the contract or other agreement under which services were provided name of the person or persons at the firm primarily responsible for supervising or managing the services and their respective responsibilities At least three references should be included For each reference indicate the reference name organization affiliation title complete mailing address and telephone number The City reserves the right to reference check any andor all of the organizations or individuals listed and will require that proposers provide copies of customer satisfaction surveys and other relevant non confidential information from other cities or agencies in which firm provides solid wasterecycling services f Schedule of Services Request For Proposal Solid Waste and Recycling Collection Services Page 9 Firm shall adopt the existing schedule for providing services to the locations and frequencies set forth in Service TypeDescription and Map Attachment B g Maximum Rates Indicate the Maximum Permitted Rate schedule which the firm is prepared to agree to under the Franchise Agreement for each type of collection service Use the Maximum Permitted Rate Price List Attachment C to create your fee schedule This attachment is divided into the following sections depending on service category including Attachment C1 Residential Service based on service type Attachment C2 Commercial Service based on bin sizetypepickups Attachment C 3 Multi Family Service based on bin sizetypepickups Attachment C4 Temporary BinBox Service Please follow instructions listed on the Maximum Permitted Rate and clearly specify any other charges or fees which would be charged eg fees for overloaded containers material restrictions etc Extra recycling and green waste containers shall be provided at customers request at no additional cost h Equipment List Provide the make model age and type of collection vehicles to be used for solid waste and recycling services Vehicles and equipment used in Solid Waste and Recycling Collection services must be kept wellmaintained and in good appearance Vehicles and equipment used in accordance with collection activities should be not more than three 3 years old and must meet all applicable local state and federal air quality laws rules and regulations including but not limited to the South Coast Air Quality Management District Rule 1193 relating to alternative fueled trash collection equipment Equipment shall meet all applicable certifications for PM 10 and other pollutants as set forth by the South Coast Air Quality Management District Indicate the equipment that will be used to meet these requirements and efforts to ensure equipment is maintained in good repair appearance and sanitary conditions at all times Employee Safety Training and Equipment Safety Records Describe your osrganization training and healthsafety programs for your employees Describe employee response procedures when hazardous wastes are encountered during collection activities Include any employee manuals as appropriate Provide all equipment safety BIT inspection and CH reports or citations for 2009 2010 and 2011 Request For Proposal Solid Waste and Recycling Collection Services Page 10 Waste CollectionRecycling Plans Describe the waste collection and recycling plans appropriate for the City including collection times routes scheduled time of collections and other policies andor procedures Fully describe how your company will meet a 60 recycling requirement in the City of Rosemead Include the facility names and addresses where materials will be delivered and sorted Include the type of permits for the facility ie certified to receive recyclable materials household refuse etc and cost per ton for Year 1 of the proposed contract State the permitted total tonnage allowed capacity at facility per day and current tonnage of materials received k Implementation Plan Provide an implementation plan describing the csompany plan for facilitating a smooth transition of services and if applicable a smooth transition between services providers The proposal must clearly demonstrate that the company has the ability to implement the services including equipment personnel administration and maintenance requirements Please describe any assistance that will be needed from City staff during the transition period Customer Service Fully describe the csompany plan for providing customer service in the City of Rosemead including the following General customer service including responding to customer inquiries and keeping the City informed of problemsissues that arise Quarterly customer bills for services Customer outreach bill inserts describing programs services and events to be completed at the csompany expense Company shall include such programinformation inserts at least twice annually All material shall be reviewed with the City prior to distribution The proposal must include provisions for annual customer service studies to help the City evaluate performance At the completion of six 6 months and every year thereafter the City will provide a list of questions to be used in a customer service survey The company will prepare and mail the survey to residentsbusinesses All survey replies will be mailed directly from the resident to the City at the fsirm expense via business reply mail The City shall share the results of the survey with the Firm The City will also require at least one 1 dedicated staff member to respond to service inquiries Such person will be housed at the City of Rsosemead Chamber of Commerce Offices Phone Number 626 2880811 for a minimum of 20 hours per week if space is available to the Franchisee at commercially reasonable rates at the Chamber The Chamber will have the first right of refusal as to Request For Proposal Solid Waste and Recycling Collection Services Page 11 providing the franchisee with office space and the decision to lease space to the Franchisee shall be in the sole discretion of the Chamber If the Chamber of Commerce at its sole discretion is not able or willing to lease its space the person shall be housed at another convenient and accessible location within the City Such service shall be initiated at least two 2 weeks prior to the agreement start date and remain in place during the life of the contract Any rent costs that are included with this service shall be determined directly between the Chamber of Commerce and the Firm and the City shall not be party to these discussions m Financial Information Submit a compiled audited financial statement for the past three 3 fiscal years Include balance sheets and lporosfsit statements as appropriate All financial information submitted will be held confidential to the extent permitted by law n Guarantees Provide a letter from a surety stating your osrganization ability to obtain a performance bond in the amount of One Million Dollars0100 o Statement of Compliance Suggested Changes Firms must submit a Statement of Compliance with all terms and conditions of the RFP including all terms of the Draft Franchise Agreement and if any a listing of exceptions and suggested changes A description of any cost implication for suggested changes must also be included The Statement of Compliance must declare either 1 This proposal is in strict compliance with the Request for Proposal and Draft Franchise Agreement and no exceptions to either are proposed or 2 This proposal is in strict compliance with the Request for Proposal and Draft Franchise Agreement except for the items listed For each exception or suggested change the firm must include Reasons for submitting the proposed exception or change Any impact the change or exception may have on Franchise Agreement costs scheduling or other considerations Request For Proposal Solid Waste and Recycling Collection Services Page 12 9 PRE PROPOSAL MEETING All parties submitting proposals are instructed to attend a mandatory prebid meeting The meeting is scheduled Wednesday November 30 at 010 am at the Public Services Facility 7933 Emerson Place Rosemead California 91770 Present at this meeting will be representatives of the City of Rosemead Public Works Department The purpose of this meeting is to familiarize firms with the scope of work and to answer any questions which may arise prior to submitting proposals Attendance at this meeting is MANDATORY for those wishing to submit proposals Failure to attend the prebid meeting shall result in disqualification from the RFP process Request For Proposal Solid Waste and Recycling Collection Services Page 13 LIST OF ATTACHMENTS Attachment A Scope of Work Attachment B Service TypesDescription and Map Attachment C Maximum Permitted Rates Schedule Attachment D City Facilities and Events Attachment E Draft Franchise Agreement Request For Proposal Solid Waste and Recycling Collection Services Page 14 Attachment A SCOPE OF WORK A Definitions See Section 4 of the Draft Franchise Agreement B Description of Required Services and Experience 1 General The primary objective of Solid Waste and Recycling Collection is to collect all solid waste recyclable materials and green waste materials from each residential property at an interval not less than once per week collect all solid waste recyclable materials and green waste materials from each multi family and commercial property at an interval at least once per week All collection activities shall be done in a reliable high quality manner and shall be done in accordance with all applicable laws 2 Required Experience The successful Firm shall have at a minimum five 5 years experience with municipal Solid Waste and Recycling Collection in a community of similar size and scope as the City The Firm shall have developed complete solid wasterecycling collection programs for California cities towns or other jurisdictions 3 Residential Service Firm shall provide refuse collection service at an interval not less than once per week to all customers at residential properties in the City Firm will provide fully automated solid waste recyclable material and green waste containers for residential customers The automated waste containers will have suitable handles and wheels tight fitting covers for holding garbage without leakage or escape of odors and be constructed of watertight metal or plastic The City shall approve the color of solid waste containers used Containers will be offered to customers in the size of 96 gallons Customers will have the option of a smaller size solid waste container If a customer requests a smaller container the firm will provide one to that customer within fourteen 14 days Rates for service will be no more than those set forth in the Maximum Customer Rates Attachment C Extra recycling and green waste containers shall be provided at customers request at no additional charge Firm shall provide temporary bin service roll off box service and construction and demolition bins to residential properties in the City Upon request Firm must deliver such temporary bin or box to the customer within a 24 twenty four hours of request not including weekends or holidays Rates for service will be in accordance with established Maximum Customer Rates Attachment C Temporary bin and box rates shall be on a per dump basis which includes service transportation disposal and rental for up to 7 seven days Additional fees may be added for rentals in excess of 7 seven days Request For Proposal Solid Waste and Recycling Collection Services Page 15 In keeping with existing services offered to residents in the City firm shall provide bulk item material collection to all residential customers at no additional charge Such collection will be limited at 5 five items per pickup with up to 25 twenty five pickups that may be scheduled each year Such pickup should take place on the regularly scheduled collection day and shall include only Bulky Item Materials Firm may require that customers call in at least fortyeight 48 hours prior to a scheduled pickup Firm shall collect all Holiday trees discarded by any residential customer on the first two regularly scheduled collection days after Christmas Day free of charge to the customers Firm shall provide a backyardoffstreet collection service to residential customers that request such service Firm will remove all collection containers and place them out for collection service and return containers to the storage area after collection Firm may charge customers for this service in accordance with the Maximum Customer Rates Attachment C and bill customers directly Discounted services for qualifying seniors and persons with disabilities shall be provided as specified in Section 81 of the Draft Franchise Agreement 4 Multi FamilyCommercial Service Firm shall provide refuse collection service at an interval of at least once per week to all customers at multi familycommercial properties in the City Firm will provide 2 3 4 and 6 cubic yard bins upon request for multi familycommercial customers As an alternative to commercial customers that do not have adequate space or generate enough waste to necessitate a bin Firm shall offer customers automated 96gallon automated collection containers Such service shall be billed based on the number of solid waste containers provided and number of pickups per week After completion of a waste audit the City shall make the final determination as to whether a customer will receive an automated collection container Firm shall provide Bulky Item Material collection to all multi family customers in the City at no cost Such collection will be limited at 4 four items per pickup with up to 4 four pickups that may be scheduled each year Such pickup should take place on the regularly scheduled collection day and shall include only items defined as Bulky Items Customers must call in at least fortyeight 48 hours prior to scheduling a pickup Multifamily property managers will not be considered in this category and will be required to pay commercial rates for collection In compliance with State law firm shall provide recycling collection services to commercial customers in compliance with provisions included in Assembly Bill 341 and the Csity local commercial solid waste recycling ordinance Such recycling services will be directed at commercial customers that generate 4 cubic yards of solid waste per week or multi family dwellings with 5 or greater units Request For Proposal Solid Waste and Recycling Collection Services Page 16 Further the firm shall meet provisions listed in Public Resources Code Section 42649 which include developing a source separation or mixed waste processing program for recyclable materials Such programs will be established between commercial customers and firm and include outreach programs reporting requirements enforcement provisions for meeting requirements established related to commercial recycling In addition Firm shall send a minimum of 75 of commercial refuse not including multi family customers collected by weight for processing to recover recyclables with a minimum recovery rate of 25 Firm shall provide City with weight tickets to confirm materials processed Firm shall send a sufficient amount of refuse from which recyclable materials have been removed to a wastetoenergy facility for the City to receive five thousand5000 tons of diversion credit per year The City reserves the right to request that additional refuse materials materials be sent to a wastetoenergy facility if it is necessary to meet diversion requirements listed in Section 8J Waste Collection and Recycling Plans of this RFP document In this case no additional charges shall be imposed Firm may not charge additional fees for scout or swamper services required to position bins for proper collection If positioning a bin is required the bin shall not be left in a location that will obstruct traffic or access through the public right ofway 5 City ServicesOther Collection Services Firm shall collect and dispose of all refuse recyclable materials and green waste generated at City facilities and at City owned bus stopspublic trash receptacles Firm shall also provide City with additional containers as needed in conjunction with City special events and City projects Such locations events and projects are fully described in City Collection Locations List Attachment E Collection shall be at no additional charge to the City In addition to these locations Firm shall be responsible for the removal and collection of abandoned items dropped in City public rightofway areas at City parks and other public locations In conjunction with this rover collection service Firm will provide a bulky item collection rover with flatbed truck to collect bulk items 5 days per week Schedule and route will be directed by the City and take place during business hours 060 amto 0102 mp noon each business day Such collection shall be at no additional charge to the City 6 Overflowing ContainersBins If customers regularly produce more refuse than their current service level allows Firm may initiate a process to increase service levels In such case Firm shall document the incident with a photograph date time and send notice to the customer After three 3 such incidents in a six 6 month period the Firm shall notify the City and the customer If the overflow Request For Proposal Solid Waste and Recycling Collection Services Page 17 persists Firm shall be allowed to increase service levels to the customer and to charge for the increased level of service 7 Contaminated ContainersBins If a customer repeatedly disposes of improper materials in recycling containers Firm may initiate a process to discontinue recycling services for that customer In such case firm shall document the incident with a photograph date time and send notice to the customer Upon three 3 such incidents in a six 6 month period the Firm shall notify the City and the customer If upon further review such contamination persists Firm shall be allowed to remove recycling containers that were provided to the customer 8 Food Waste Diversion Program Firm shall implement a program to divert food waste collected from restaurants andor from residents Program will include processing and transporting the waste to an approved facility This service shall be offered to all commercial food service establishments establishments in the City at rates that are consistent with industry standards 9 End Uses for Green Waste Materials Firm shall divert greenwaste materials collected Firm must provide end uses for greenwaste that maximize diversion credits for the City according to regulations established by State or local regulations Greenwaste may be used as Alternate Daily Cover only if the City will get full diversion credit for its use Firm is responsible for monitoring how the greenwaste will be diverted at selected facilities and for selecting alternative facilities if necessary to ensure full diversion credit C Collection Schedule Solid Waste and Recycling Collection Schedule 1 Days Routine Solid Waste and Recycling Collection shall be conducted Monday through Friday unless otherwise approved by the Public Works Director 2 Hours Standard operating hours for collection services under this Agreement shall be determined by the City and the Firm Both residential and commercial solid wasterecycling collection is performed primarily on Monday through Friday from 700 amto500pm Some commercial accounts receive service outside of these hours and on Saturday Holidays The firm is not required to collect materials on Sundays nor on any of the following holiday New Ysear Day Labor Day Psresident Day Veterans Day Memorial Day Thanksgiving Day Request For Proposal Solid Waste and Recycling Collection Services Page 18 Independence Day Christmas Day During the week of a holiday the Firm shall adjust the weekly schedule so as to return to the normal weekly schedule the following week Collection scheduled for a holiday shall be completed within seven 7 days following the holiday Holiday collection schedules must be submitted to the Public Works Director thirty 30 days prior to the holiday No modification of this holiday schedule shall be effective unless authorized in writing by the Public Works Director D Disposal and Recycling of Materials Firm shall comply with all recycling and diversion requirements imposed by law ordinance or regulation on the City andor Firm On a quarterly basis Firm shall divert at least sixty percent 60 of all solid waste collected by Firm from landfills In no event shall Firm deposit forty percent 40 or more of the solid waste collected at any landfill during any calendar quarter See Section 3 of the Draft Franchise Agreement for further details E Solid Waste and Recycling Collection Equipment Any and all containers provided to customers of Firm for storage collection or transportation of solid wastes shall meet the requirements designated by the Public Works Director as well as State of California minimum standards for solid waste handling established under Public Resources Code Section 43020 and applicable health requirements The Public Works Director shall have the right to approve the color of containers manufacturer of containers and lettering and decals used on containers Firm shall repair or replace any container which is damaged broken lost or stolen with a container approved by the Public Works Director at no cost All containers and all vehicles used by Firm in the performance of solid waste handling services shall be marked with Fsirm name and telephone number in letters which are easily read by the general public All solid waste containers used in the performance of this Agreement shall be kept clean and in good repair to the satisfaction of the Public Works Director Firm shall also regularly inspect containers and bins and be responsible for the prompt removal of graffiti from such containersbins Equipment The vehicles used pursuant to this Agreement shall have the name of the Firm the Fsirm local telephone number and a unique vehicle identification number for each vehicle prominently displayed on all collection vehicles The vehicles shall also display a statement as to the type of alternative fuel being used The Firm shall use alternative fuel vehicles approved by the South Coast Air Quality Management District for fully automated refuse collection services Vehicles shall meet all requirements specified per AQMD Rule 1193 See Section 13 of the Draft Franchise Agreement for further details Request For Proposal Solid Waste and Recycling Collection Services Page 19F Equipment Storage The Firm shall be responsible for all costs associated with equipment storage No material and equipment shall be stored where it will interfere with the free and safe passage of public At the end of each dsay work and at all other times when operations are suspended for any reason the firm shall remove all equipment and other obstructions from the roadway sidewalks and alleys G FinnCity Communication Throughout the period of this Contract the Firm shall establish and maintain an office in the City of Rosemead and have an authorized Supervisor as the point of contact for communications with the City as further described in Section 8L of the RFP The Fsirm office shall have a twentyfour 24 hour telephone service and a responsible person in charge seven 7 days a week to receive all requests for emergency service which are forwarded by the City Firm shall respond and provide emergency service within two 2 hours from the the time a call is placed by the City Requests for routine service or complaint issues shall be resolved expeditiously within the following twentyfour 24 hour period H Fsirm Employees Fsirm employees shall be required to wear a clean uniform bearing the Fsirm name Employees who normally and regularly come into direct contact with the public shall also bear some means of individual identification such as a nametag or identification card Employees shall not remove any portion of their uniform while working within the City 1 Records and Reports City shall require specific reporting and recording keeping requirements in completion of collection activities See Section 20 of the Draft Franchise Agreement for further details J Responsibility for Damages and IInndemjnuificratyion City shall require that the firm indemnify the City as set forth in the Draft Franchise Agreement K Restoration and Repair Obstructions and Clean Up modify for franchise The firm shall become familiar with the City and shall provide adequate safeguards to prevent damage to existing structures and improvements from its operations All property damage shall be replaced andor repaired at the Fsirm expense to the original condition and to the satisfaction of the property owner Request For Proposal Solid Waste and Recycling Collection Services Page 20L Cooperation with Utility and Other Companies Work within the City by utility and construction companies which may obstruct the public right of way or properties at which service is to be provided from time to time It is the responsibility of the Firm to be informed of work planned by these parties and to coordinate Solid Waste and Recycling Collection work accordingly M Agreement Term The term of the agreement shall be for a period of ten 10 years N Annexation If additional area is annexed to the City it shall be added to the Solid Waste and Recycling Collection areas subject to the legal rights of others to provide services in that area the franchise holder shall provide services to those areas Request For Proposal Solid Waste and Recycling Collection Services Page 22 ATTACHMENT B City TypeDescriptions and Map Reauest For Proposal Solid Waste and Recycling Collection Services Page 23 ATTACHMENT C Total Maximum Rate Schedule Request For Proposal Solid Waste and Recycling Collection Services Page 24 ATTACHMENT D City FacilitiesEvents Under City Bus Stopskitter Receptacles category the number of bus stop locations is 75 A list of locations is hereby attached An additional category is added as follows Service Type City Facilities Service Description Up to 10 City Facilities Service Level Up to 2 3cubic yard bins per facility dumped 2 times per week Bus Stop Locations SAN GABRIEL BLVD MISSION DRIVE Village Lane NE Corner 8461 Mission Dr Delta St SE Corner Walnut Grove Ave NE Corner Rose GlenSWCorner Muscatel Ave NE Corner Emerson Rosemead BlvdNWCorner Hellman SECorner andSWCorner Garvalia WALNUT GROVE AVE Baruch Mission Dr SAN Corner La Merced Hellman Ave SAN Corner Keim Fern Ave Klinoerman St Garvey Ave 2518 San Gabriel Blvd Park GARVEYAVE Dorothy St 7822 Garvey Ave RIO HONDO AVE Jackson Ave SAN SECorner Olney St NIE SECorner Jackson AveNW NECorner 1683 Walnut Grove TEMPLE CITY BLVD La Madrina DrNWCorner 3710 Temple City Blvd San Gabriel BlvdNWCorner Guess St SAN Corner San Gabriel Blvd SAN Corner Valley BlvdNWCorner MARSHALL ST 1026 Walnut Grove 9359 Marshall 1318 Walnut Grove Rosemead BlvdNWCorner Garvey Ave NE Corner Rosemead Place MISSION DR Muscatel Ave Muscatel Ave SAN Corner Walnut Grove Ave GRAVES AVE Delta Ave Kelburn AveNWCorner Del Mar AveNWCorner Del Mar Ave SAN Corner VALLEYBLVD Garvey Community Center Temple City Blvd SE Corner Kelburn Ave Temple City Blvd NAW Corner Lanford Place Rio Hondo Ave 9133 Garvey Ave Hart Ave Rosemead Blvd JACKSON AVE Muscatel Ave Fern Ave SAN Corner Walnut Grove Ave NECorner 2510 Jackson Walnut Grove Ave SAN Corner Garvalia Ave SAN Corner Delta Ave 2410 Jackson Rosemead Blvd Graves Ave SAN Corner Mission Drive Page 25 ATTACHMENT E Draft Franchise Agreement CITY OF ROSEMEAD DRAFT FRANCHISE AGREEMENT RFP 2011 01 TABLE OF CONTENTS Page 1 Grant of Franchise 3 1 Binding Agreement 3 12 Grant of Franchise Exclusions 3 13 Exclusive Franchise 3 14 Waiver of Rights 3 15 Recycling Agent 3 16 Exclusions 3 2 Contractors Payments and other Considerations to City4 12 Csontractor Payments to City 4 3 Term 5 31 Effective Date 5 32 Term of Agreement 5 3 Minimum Diversion and Recycling Requirements5 4 Definitions 6 5 Compliance with Laws and Regulations 13 6 Community Work to be Done 14 61 Collection from City Facilities 14 62 Collection of Abandoned Property 14 63 Development Review 14 64 Communication with City Emergency Service 14 65 Good Corporate Citizenship 15 7 Customer Service 15 71 Regular Office Hours Telephone Access and Website15 72 Emergency After Hours Telephone Number 15 73 Multilingual Service 15 74 Accessible Customer Service 15 75 Customer Service and Complaint Logs 15 76 Service Responses 16 7 Overflowing ContainersBins 16 78 Contaminated Containers Bins 16 TABLE OF CONTENTS continued Page 8 Customer Rates and Billing Procedures 16 81 Rates for Service 16 82 Contractor to Bill 17 83 City Provided Billing Inserts 17 84 Delinquent Service Accounts 18 9 Residential Services 18 91 Weekly Service 18 92 Temporary Bin and Box Service 19 93 Bulky Items Service 19 94 Holiday Tree Collection 19 95 BackyardOffStreet Collection Option 19 10 Multifamily and Commercial Services 19 110 Regular Service 19 120 Bulky Item Service 19 130 Recycling 20 140 Waste to Energy 20 150 Repositioning of Bins 20 11 Collection Routes 20 111 Collection Routes 20 121 Subsequent Collection Route Changes 20 131 Collection Route Audits 21 12 Public Outreach Services 21 112 General 21 122 Waste Generation and Characterization Studies 21 13 Collection Equipment 21 113 General 21 123 Identification 21 133 Alternative Fuels 21 143 Fully Automated Residential Collection 21 153 Registration and Inspection 22 TABLE OF CONTENTS continued Page 163 Drivers and Operators 22 173 Litter Spills 22 183 Avoiding Damage to Streets 22 193 Communications 23 103 Equipment Storage 23 113 Equipment Removal 23 123 Equipment Maintenance 23 13 Compliance 23 134 Private Streets Alleys and Parking Lots 23 135 Safety Equipment 23 136 Vehicle Signage and Painting 23 137 Maintenance Log 24 138 Equipment Inventory 24 139 Reserve Equipment 24 1203 Containers 24 14 Privacy 25 114 General 25 124 Mailing Lists 25 134 Privacy Rights Cumulative 25 15 Service Exceptions Hazardous and Universal Waste 25 115 Hazardous Waste Inspection Diversion and Reporting25 125 Universal Waste Handling 25 135 Hazardous and Universal Waste Diversion Records26 16 Ownership of Solid Waste Recyclable Materials Organic Waste and Construction and Demolition Materials 26 17 Marketing and Diversion of Recyclable Materials 26 18 Csontractor Books and Records Audits 26 118 Record Retention 26 128 Underpayment 26 19 Integrated Waste Management Act Reporting Requirements 27TABLE OF CONTENTS continued Page 20 Reports 27 210 Periodic Reports 27 220 Reporting Additional Matters 28 230 CERCLA Defense Records 28 21 Indemnification and Insurance 28 211 Indemnification re Certain Challenges to Agreement28 221 Indemnification Regarding Article XIII C and XIII D 29 231 Environmental Indemnification and Compliance 29 241 General Indemnification 30 251 Effect of Environmental Indemnification 30 261 Compliance with Laws 30 271 Workers Compensation Insurance 30 281 Liability and Vehicle Insurance 31 291 Required Language In Policies 31 1201 Pollution andor Environmental Impairment Liability Insurance31 121 Required Rating 32 1212 Evidence of Insurance Coverage Insurance Repository32 1213 Self Insurance 32 1214 Reduction of CERCLA and Other Liability 32 1215 Performance Bonds 32 22 Emergency Service 33 212 Csontractor Inability to Provide Service 33 222 Assistance in Case of Disaster 33 23 Administrative Remedies Imposition of Damages Termination34 213 Notice of Deficiencies Response 34 223 Review by Public Works Director Notice of Appeal34 233 Review by City Manager Appeal 34 243 City Council Hearing 35 253 City Council Determination 36 263 Reservation of Rights by City 36 TABLE OF CONTENTS continued Page 273 Cumulative Rights 36 24 Csity Additional Remedies 36 214 Contracts with Others 36 224 Damages andor Injunctive Relief 37 234 Csity Damages for Failure to Achieve Diversion Goals 37 244 Liquidated Damages 37 25 Franchise Transfer City Consent Fees 38 215 No transfer without City Consent 38 225 Consent not Unreasonably Withheld 38 235 Internal Reorganization 38 245 Deposit for Costs of Review 38 26 General Provisions 39 216 Force Majeure 39 226 Extraordinary Circumstances 39 236 Pavement Damage 39 246 Property Damage 39 256 Law to Govern Venue 40 266 Fees and Gratuities 40 276 Amendments 40 286 Notices 40 296 Savings Clause and Entirety 41 1206 Transition to Next Solid Waste Enterprise 41 1216 Incorporation by Reference 41 Exhibit A Multifamily and Commercial Recycling Program Exhibit B Commercial Food Waste Program Exhibit C City Service Locations Exhibit D Recovery and Disposal Sites Exhibit E Corporate Good Citizenship TABLE OF CONTENTS continued Page Exhibit F Maximum Permitted Customer Rates Exhibit G Residential Services Exhibit H Commercial and Multi Family Services Exhibit I Equipment EXCLUSIVE FRANCHISE AGREEMENT FOR COMPREHENSIVE REFUSE SERVICES THIS AGREEMENT is made and entered into effective the day of 2013 by and between the CITY OF ROSEMEAD a municipal corporation hereinafter referred to as City and a California hereinafter referred to as Contractor The City and Contractor agree each with the other that for a period of ten 10 years from and after the 15t day of August 2012 Franchisee shall have sole right to collect haul and dispose of all solid waste and conduct a comprehensive recycling program in the City in accordance with the following terms and conditions RECITALS WHEREAS Article XI 7 of the California Constitution authorizes cities to protect public health and safety by taking measures in furtherance of their authority over police and sanitary matters and WHEREAS the Legislature of the State of California by enactment of the California Integrated Waste Management Act of 1989 AB 939 or the Act established a Solid Waste management process which requires cities and other local local jurisdictions to implement plans for source reduction reuse and recycling as integrated waste management practices for Solid Waste attributed to sources within their respective jurisdictions and WHEREAS California Public Resources Code 40059 provides that aspects of Solid Waste handling of local concern include but are not limited to frequency of collection means of collection and transportation level of services charges and fees and nature location and extent of providing solid waste services and whether the services are to be provided by means of nonexclusive partially exclusive or wholly exclusive franchise contract license or otherwise which may be granted by local government under terms and conditions prescribed by the governing body of the local agency and WHEREAS the Rosemead Municipal Code Chapter832 implements Article XI 7 of the California Constitution and California Public Resources Code 40059 in the City and WHEREAS City is obligated to protect the public health and safety of the residents residents and businesses in the City and arrangements made by solid waste enterprises and recyclers for the collection of Residential and commercial Solid Wastes should be made in a manner consistent with the exercise of the Csity police power for the protection of public health and safety and 1 WHEREAS City and Contractor are mindful of the provisions of the laws governing the safe collection transport recycling and disposal of Residential and commercial Solid Waste including AB 939 the Resource Conservation and Recovery Act RCRA 42USC 6901 et seq the Comprehensive Environmental Response Compensation and Liability Act CERCLA 42USC 9601 et seq the Electronic Waste Recycling Act of 2003 SB 20 Chapter 526 Statutes of 2003 SB 50 Chapter 863 Statutes of 2004 AB 575 Chapter 59 Statutes of 2011 laws governing Universal Waste including but not limited to Universal Waste Electronics Devices UWED nonempty aerosol cans fluorescent tubes high intensity discharge lamps sodium vapor lamps and any other lamp exhibiting a characteristic of a hazardous waste batteries rechargeable nickelcadmium batteries silver button batteries mercury batteries small sealed lead acid batteries alkaline batteries carbon zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste mercury thermometers mercurycontaining switches and WHEREAS City and Contractor desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement City is not thereby becoming a generator or an arranger as those terms are used in the context of CERCLA 13a07and that it is Contractor an independent entity not City which will arrange to collect Solid Waste from single family dwellings multiple family dwellings City and Commercial Customers in the City transport for recycling and disposal and dispose of Solid Wastes which may contain small amounts of household products with the characteristics of hazardous wastes collect and compost Green Waste and collect and recycle Recyclable Materials from single family dwellings multiple family dwellings City and commercial customers in the City of Rosemead and collect and recycle or dispose of Construction and Demolition Materials CD Materials and WHEREAS there are no places within the City limits of the where landfills are located or which are suitable for the siting of a landfill and therefore Solid Waste must be exported from the City and WHEREAS City and Contractor agree that subject to Csity exercise of its reserved flow control right under of this Agreement it is Contractor and not City that will select the landfill or transformation facility destination of the non recyclable residential and commercial Solid Waste and Construction and Demolition Materials which Contractor will arrange to collect that City has not and by this Agreement does not instruct Contractor on its collection methods nor supervise Contractor in the collection of waste and nothing in this Agreement or other action of the City shall be construed to give rise to any inference that the City has any title ownership or right of possession of such Solid Waste and WHEREAS Contractor represents and warrants to City that Contractor has the experience and qualifications to conduct recycling and waste diversion programs to provide City with information sufficient to meet the Csity reporting requirements to CalRecycle and other agencies under the Act to meet Csity other requirements under the Act to arrange with persons in charge of daytoday activities of Customers properties in the City for the collection safe transport and disposal of Solid Wastes 2 which may contain small amounts of household products with the characteristics of Hazardous Wastes in a safe manner which shall minimize the adverse effects of collection vehicles on air quality and traffic and that Contractor has the ability to indemnify City in accordance with this Agreement and WHEREAS the City Council finds and determines pursuant to California Public Resources Code 41a0059 that the public interest health safety and wellbeing including the minimization of adverse impacts on air quality and traffic from excessive numbers of collection vehicles the implementation of measures consistent with the Csity Source Reduction and Recycling Element would be served if Contractor were to be awarded an exclusive Franchise for collection recycling diversion and disposal of Solid Waste from Customers in the City NOW THEREFORE the City and Contractor agree as follows GRANT OF FRANCHISE 1 Binding Agreement In consideration of mutual promises and agreements made by the Parties and contained in this Agreement the Parties agree to be bound by the terms and conditions of this Agreement and that this Agreement shall be binding upon their successorsininterest 12 Grant of Franchise Exclusions Except as expressly called out in this Agreement Contractor is hereby granted the exclusive franchise duty right and privilege to provide Comprehensive Refuse Services to City and within boundaries of City subject to the terms and conditions set forth in this Agreement 13 Exclusive Franchise Contractor agrees that this Agreement is an exclusive franchise within the meaning of Public Resources Code 40059 14 Waiver of Rights Contractor waives any right it may have to challenge the terms of this Agreement under federal state or local law or administrative regulation except as provided in the dispute resolution provisions of Section 23 of this Agreement 15 Recycling Agent Contractor is hereby designated the Csity authorized recycling agent as that term is used in Public Resources Code 41950 16 Exclusions a Construction and Demolition Materials The collection and disposal of Construction and Demolition Materials from Customers through the use of Debris Boxes or other Bins is within the scope of this Agreement However accumulation collection and recycling or disposal of Construction and Demolition Materials by a licensed contractor eg a roofing contractor performing work within the 3 scope of the csontractor license using equipment owned or leased by the contractor is not within the scope of this Agreement b Gardeners and Landscapers This Agreement shall not prohibit gardeners and landscapers from collecting transporting and composting or disposing of Green Waste as long as they transport such Green Waste to an Green Waste Processing Facility or other site permitted or exempt from permitting by CalRecycle or its successor agency in accordance with all governing laws and regulations and submit reports required by City c Sale or Gift of Recyclable Materials This Agreement does not prohibit any person from selling Recyclable Materials or giving Recyclable Materials away to persons or entities other than Contractor however in either instance 1 the Recyclable Materials must be segregated from and not mixed with Solid Waste and 2 the sellerdonor may not pay the buyerdonee any consideration for collecting processing or transporting such Recyclable Materials or as a consultation or bsroker fee for recycling services A discount or reduction in price for collection disposal andor recycling services for any form of unsegregated or segregated Solid Waste is not a sale or donation of Recyclable Materials and such Solid Waste does not qualify for this exception d Self Hauling City Ordinance No amending Chapter 832 of the Rosemead Municipal Code permits self hauling of Solid Waste Recyclable Materials Bulky Waste and Green Waste by persons subject to issuance of a permit by City and compliance with the conditions imposed by such permit This Agreement does not prohibit such self hauling provided the material is transported personally by the owner or occupant of such premises or by his or her full time employees but not including construction related employees or subcontractors to a processing or disposal facility pursuant to a valid City issued self hauling permit e Other Services Niche Recycling Service City reserves the right to enter into agreements with other entities for other collection diversion and recycling services not provided for in this Agreement including but not limited to catch basin cleanouts contract services and niche recycling services which Contractor does not currently provide In the event the City wishes to provide a niche recycling service eg collection of water heaters in Residential or commercial areas Contractor shall have the initial opportunity to provide such niche recycling service at an agreed upon rate by the City and the Contractor 2 Csontractor Payments and other Considerations to City 12 Csontractor Payments to City In consideration of Csity grant of the Franchise Contractor shall pay City in good and immediately available funds in United States Dollarsa Franchising Payments For the privileges granted to and conferred upon Contractor by City under the Agreement Contractor shall pay to City the amounts me set forth below Franchising Payments over the Term of this Agreement unless the Agreement is earlier terminated or specifically amended to require otherwise 1 Initial Payment Within fifteen 15 days of the Effective Date of this Agreement Contractor shall pay City One Million Six Hundred Thousand Dollars06100 2 Annual Payments Contractor shall pay to City each year the greater of Five Hundred Thousand Dollars 0500 or Ten Percent 10 of Gross Receipts This amount shall be paid in quarterly installments of One Hundred Twenty Five Thousand 010205 or more on November 1 February 1 May 1 and August 1 of each year during the term of this Agreement commencing on November 1 2013 with the last payment due on November 1 S2e0rv2ice3s As further consideration Contractor shall provide to the City those services described in Section 6 below at no additional charge 3 Term 31 Effective Date The Effective Date of this Agreement shall be the date entered on the first page of this Agreement which is the date by which Contractor and City have approved the Franchise Agreement with all exhibits attached and their respective authorized representatives have executed the Franchise Agreement 32 Term of Agreement The term of this Agreement Term shall begin on the 1St day of August 2013 Service Commencement Date and expire on July 31 2023 Term Expiration Date subject to early termination or extension as may occur pursuant to this Agreement certain obligations of the Contractor including the obligation to make the final franchise payment continue after the Term Expiration Date as set forth elsewhere in this Agreement 3 Minimum Diversion and Recycling Requirements The continued privilege of Contractor to provide Comprehensive Refuse Services to City and within Csity boundaries is subject to the satisfaction of each and all of the conditions set forth below each of which may be waived in whole or in part by City The Contractor must achieve all of the following Minimum Requirements Failure to meet one or more of these requirements is a material material breach of this Agreement and subjects Contractor to the assessment of liquidated damages early termination or other remedies provided for under this Agreement a Diversion Rate 1 On an annual basis Contractor must achieve a diversion rate of sixty percent 60 as calculated using the CalRecycle diversion calculation The Maximum Permitted Customer Rates contemplate this Minimum Diversions Rate On or before the end of each month following the end of the previous month Contractor shall provide all documents and information required by the Public Works Director to prove that it has 5 complied with this Section 3 and all applicable laws related to recycling and diversions of municipal solid waste 2 Firm shall send a minimum of seventy five percent 75 of refuses from Commercial Customers not including Multifamily Customers collected by weight for processing to recover recyclables with a minimum recovery rate of 25 b Change in Law Should the law change after the Effective Date of this Agreement and require a higher Minimum Diversion Rate then Contractor shall comply with such legally required Diversion Rates and may adjust the Maximum Customer Rates as provided under Section 81 b Adjustment Due to Change In Law c Calculation of Diversion Rate The Diversion Rate will be calculated as the tons of materials collected by Contractor from the provision of collection services that are sold or delivered to a Material Recovery Facility or Green Waste Processing Facility recycler or reuser net of all residue according to the same method used by RCecyacle d Multifamily and Commercial Recycling Contractor must fully implement the Multifamily and Commercial recycling programs as set forth in Exhibit A in the time required by State and local law e Food Waste Diversion Program Contractor shall fully implement the program to divert food waste collected from all commercial food service establishments in the City as set forth in Exhibit B f Failure to Meet Minimum Requirements Csontractor failure to meet the minimum requirements set forth in this Section 3 may result in the imposition of liquidated damages and Csity exercise of the remedies provided in Sections 23 and 24 below In determining the appropriate remedy City will consider the efforts put forth by the Contractor in implementing the required programs to meet Minimum Diversion Requirements and the methods and level of effort of the Contractor to fully implement the work plans attached to and included in this Agreement as Exhibits A B C G and H 4 Definitions Whenever any term used in this Agreement has been defined by the Municipal Code of the City of Rosemead Municipal Code or Division 30 Part 1 Chapter 2 of the California Public Resources Code the definitions in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement For purposes of this Agreement the following definitions apply Act or AB 939 means the California Integrated Waste Management Act of 1989 codified in part at Public Resources Code 40000 et seq as it may be amended and as implemented by the regulations of the California Department of no Resources Recycling and Recovery CalRecycle or its successor agency Agreement or Franchise Agreement means this written Agreement between the City and Contractor and all exhibits and documents incorporated by reference Agreement Year means each twelve 12 month period from August 1St to July 31 st each year beginning on the Service Commencement Date Alternative Fuel Vehicle means a vehicle whose engine uses a fuel other than gasoline or diesel fuel such as compressed natural gas CNG or other fuel with comparably low emissions of air pollutants regulated under the California Clean Air Act Health and Safety Code Section 39000 et seq or the South Coast Air Quality Management Dsistrict rules and regulations including Rule 1193 Bin or Bins means those opentop rectangular metal containers provided by Contractor with wheels with or without plastic or metal lids used for collection and storage of MSW Recyclable Materials Green Waste Construction and Demolition Debris or other materials to be collected by Contractor Typical sizes of bins include 2 3 4 and 6 cubic yards Bins are collected by a front load vehicle equipped with metal forks that are inserted into metal channels on either side of the Bin in order to lift Bin empty the contents into the body of the vehicle and return the Bin to the ground Box means a large opentop rectangular metal containers used to store and transport MSW Recyclable Materials Green Waste Construction and Demolition Debris or other materials collected using a special vehicle equipped with hooks and a winch to pull the box onto the flat bed of the truck for transport Bulky Items means furniture household appliances carpets mattresses automobile tires shipping creates and containers oversized yard waste such as tree trunks and large branches if no larger than two feet2 in diameter and four feet4 in length and other large bulky or heavy objects not normally discarded on a regular basis at residential commercial or business establishments Bulky Items do not include constructiondemolition debris or consumer electronics such as televisions radios computers and monitors which are regarded as Universal Waste Electronic Devices the disposal of which is governed by the Department of Toxic Substances Control Business Days means Monday through Friday during the hours of800am through500pmexcept for holidays recognized by City Cart or Carts means those 32 64 or 96gallon containers with hinged lids provided by Contractor for the collection of Municipal Solid Waste Solid Waste Recyclable Material and Green Waste City means the City of Rosemead California and all of the territory lying within the municipal boundaries of the City as presently existing or as such boundaries 7 may be modified during the Term City Representative means the City Manager or the City Msanager designee authorized to administer and monitor the provisions of this Agreement City Service Sites means those City properties or locations as set forth in Exhibit C City Service Locations which is attached to and included in this Agreement Clean Material Recovery Facility or Clean MRF means a material recovery facility other than a Dirty Materials Recovery Facility Collection means the taking of physical possession of Municipal Solid Waste or Recyclable Materials from Customer premises and their transport to the Materials Recovery Facility Compost Facility Construction Demolition and Debris processing facility or Landfill Commercial Customer means all premises in the City other than Residential Multifamily or City Service Sites where Solid Waste Recyclable Materials and Organic Waste are generated or accumulated The term Commercial Customer includes but is not limited to stores offices restaurants rooming houses hotels motels industrial and manufacturing processing or assembly shops or plants hospitals clinics convalescent centers and nursing homes non medical waste Commercial Organic Waste means Green Waste and Food Waste separated at the source of generation for inclusion in the Commercial Organic Waste Collection Service program Comprehensive Refuse Services means the collection transportation processing recycling composting conversion retention and disposal of all Solid Waste Organic Waste including Commercial Organic Waste Food Waste and Green Waste Recyclable Materials Construction and Demolition Materials Bulky Item Materials Household Hazardous Waste and Universal Waste all as defined in this Agreement produced generated andor accumulated within the City Construction and Demolition Materials or CD Materials means discarded building materials inert wastes as defined in Public Resources Code 413a1821 rock concrete brick sand soil ceramics and cured asphalt recyclable construction and demolition materials packaging plaster drywall rubble resulting from construction remodeling repair and demolition operations but does not include asbestos containing materials Construction and Demolition Materials but not asbestos containing materials are within the scope of this Agreement subject to the licensed contractor exception in Section 16 above Consumer Price Index or CPI shall have the meaning set forth in Section 8 of this Agreement Container means Cart Bin or Debris Box Contractor means a California corporation a parry to this Agreement Contamination means materials which are not specified for collection in particular containers or for processing at either a Clean MRF or Dirty MRF and which would either interfere with such processing or reduce the quality and value of the recovered materials For example for purposes of collection metals and plastics would constitute contamination if placed in a green waste container and tree trimmings would constitute contamination if placed in a recyclable materials container Customer means the owner occupant or user of premises at which MSW or recyclable materials are generated and then collected by Contractor Customers include Residential Customers Multifamily Customers and Commercial Customers City is also a receiver of collection services but not a Customer Customer with Disabilities means a person who meets the eligibility requirements for a parking permit for a person with disabilities of the California Department of Motor Vehicles Dirty Materials Recovery Facility or Dirty MRF shall mean a facility or that certain portion of a facility that processes Municipal Solid Waste to separate Recyclable Materials Green Waste Construction and Demolition Debris and other materials for sale to end users In some cases the MSW processed at a Dirty MRF may have been collected in a special manner in order to reduce contamination such as collecting at commercial premises with relatively dry MSW and routing to avoid collecting at commercial premises where wet MSW is generated such as restaurants Disposal means the burying of MSW at a permitted landfill or transformation at a permitted facility as further defined in Section 40192 of the California Public Resources Code Disposal Site means such place or places specifically designated by the Contractor in Exhibit D Recovery and Disposal Sites for the disposal or processing as appropriate of Municipal Solid Waste and other materials as appropriate Diversion Rate and Minimum Diversion Rate shall have the meaning set forth in Section 3 above Effective Date means 2012 the date by which Contractor and City have approved the Franchise Agreement including all attachments and their respective authorized representatives have executed the Franchise in Franchise means the exclusive right and privilege granted by this Agreement Franchise Payment means the negotiated payment agreed upon by the City and Contractor in consideration of Csity grant of the Franchise to Contractor and which inter alia is intended to offset the Csity expenses in administering this Franchise and to compensate City for damage to its streets sidewalks curbs and gutters and other infrastructure resulting from Csontractor exercise of this Franchise the expenses of administering the program for the Solid Waste stream reporting requirements under the Act and other related expenses Food Waste means food scraps and trimmings from food preparation including but not limited to meat fish and dairy waste fruit and vegetable waste grain waste stable matter and acceptable food packaging items such as pizza boxes paper towels waxed cardboard and food contaminated paper products Food Waste is synonymous with garbage as that term is defined by Section 1372025 of Title 14 California Code of Regulations Green Waste means leaves grass clippings brush branches and other forms of organic materials generated from maintenance or alteration of landscapes or gardens including but not limited to yard clippings leaves tree trimmings prunings brush and weeds and incidental pieces of scrap lumber separated from the Solid Waste Stream Green Waste does not include stumps or branches exceeding four inches 4 in diameter or four feet 4 in length or palm fronds or yucca which are not suitable for composting Green Waste is not a Recyclable Material but may be a form of Solid Waste if discarded into the waste stream Gross Receipts means all money whether paid by cash check debit or credit or other consideration collected from customers by franchisee that relates in any way to solid waste handling services whether the solid waste handlinq services occur wholly or partially within the City including but not limited to collection removal andor disposal of garbage solid waste construction and demolition debris preen waste industrial waste roofing materials trash litter refuse andor rubbish as well as fuel surcharges Gross Receipts shall also include all money received by any person other than the franchisee where the money was paid to the person to avoid the fsranchisee obligations andor the franchise Gross Receipts shall not include or if included there shall be deducted but only to the extent they have been included the following 1 if any sales taxes are levied on the fsranchisee solid waste handling services in the City the amount of State sales taxes collected in connection with the solid waste handling services in the City and remitted to the State pursuant to State law 2 the amount of documented bad debt writeoffs due to uncollectible accounts for solid waste handling services in the City not to exceed three percent of gross receipts and 3 revenues collected for solid waste handling services provided on behalf of the City through a written contract 10 Hazardous Waste means any waste materials or mixture of wastes defined as a hazardous substance or hazardous waste pursuant to the Resource Conservation and Recovery Act RCRA 42USC 6901 et seq the Comprehensive Environmental Response Compensation and Liability Act CERCLA 42USC 9601 et seq the Carpenter PresleyTanner Hazardous Substance Account Act HSAA codified at California Health Safety Code 25300 et seq the Electronic Waste Recycling Act of 2003 SB 20 Sher Chapter 526 Statutes of 2003 SIB 50 Sher Chapter 863 Statutes of 2004 AB 575 Wolk Chapter 59 Statutes of 2011 laws governing Universal Waste including but not limited to Universal Waste Electronics Devices UWED nonempty aerosol cans fluorescent tubes highintensity discharge lamps sodium vapor lamps and any other lamp exhibiting a characteristic of a hazardous waste batteries rechargeable nickelcadmium batteries silver button batteries mercury batteries small sealed lead acid batteries alkaline batteries carbon zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste mercury thermometers mercurycontaining switches and all future amendments to any of them or as defined by Cal Recycle or the Department of Toxic Substances Control or by their respective successor agencies If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or Solid Waste the term Hazardous Waste shall be construed to have the broader more encompassing definition Household Hazardous Waste means materials generated at the premises of Residential or Multifamily Customers that cannot be lawfully deposited in a Landfill such as dry cell household batteries cell phones and PDAs used motor oil used oil filters fluorescent light bulbs EWaste cleaning products pesticides herbicides insecticides and certain paints automotive products solvents stripper adhexives and Universal Waste Maximum Permitted Customer Rates shall have the meaning set forth in Section 81 below Material Recovery Facility or MRF means a legally permitted facility designated by the Contractor in Exhibit D that accepts sorts processes and stores MSW single stream recyclable materials andor source separated Recyclable Materials in order to segregate individual commodities for sale Minimum Diversion Requirements means the quantitative requirements for diversion of collected material from solid was MultiFamily Dwelling or MFD means a building dwelling unit or complex containing multiple dwelling units that house five 5 or more residences Apartment complexes condominiums townhouses and similar configured housing complexes are included 11 Municipal Solid Waste or MSW means all fractions of discarded solid semi solid and liquid wastes including garbage trash refuse paper rubbish ashes industrial wastes constructiondemolition debris discarded home and industrial appliances manure vegetable or animal solid wastes and other discarded substances or materials Organic Materials means Green Waste and upon approval from City Food Waste Organic Waste is a form of Solid Waste when discarded into the waste stream Organic Waste Processing Facility means any facility designated by the Contractor in Exhibit D that is designed operated and legally permitted for the purpose of receiving and processing Organic Waste Qualifying Senior means a Customer sixtytwo years of age or older qualifying as a person of low income under Recyclable Materials is a part of the waste stream that can be reused or processed into a form suitable for reuse through reprocessing or remanufacture consistent with the requirements of AB 939 The following list may be modified by the mutual agreement of City and Contractor memorialized in writing executed by both Parties As of the date of execution of this Agreement Recyclable Materials includes but is not limited to the following 1 Aluminum cans 2 Glass jars and bottles 3 Steel bimetal and tin cans and empty aerosol containers 4 Plastic soft drink bottles and other Type 1 containers PET polyethylene terephthalate 5 Plastic milk and waterjugs and other Type 2 containers HDPE high density polyethylene 6 Type 3 plastic containers V polyvinyl chloride 7 Type 4 plastic containers LDPElow density polyethylene 8 Type 5 plastic containers PP polypropylene 9 Type 6 plastic containers PS polystyrene 10 Type 7 plastic containers other and commingled 12 11 Film plasticegplastic bags shrink wrap plastic toys and tools and other plastic materials if readily identifiable as being recyclable 12 PVC pipe 13 Juice boxes and milk cartons aseptic packaging Tetra Pak and waxed cardboard 14 Detergent containers 15 Scrap metal coat hangers and metal foil 16 Newspapers and telephone books 17 Mixed paperegledger computer junk mail magazines paperback books cereal boxes envelopes paper shopping bags and non metallic wrapping paper 18 Corrugated cardboard and chipboard 19 Chlorofluorocarbons when collected as Bulky Items 20 Tires when collected as Bulky Items and 21 Wood incidental scrap pieces if set out for collection with Green Waste and larger quantities when collected as Bulky Items Residential Customer generally means a Customer at a detached dwelling or each unit of a duplex triplex or quadplex a townhouse a condominium unit or a mobile home of permanent character placed in a permanent location Scavenging means the unauthorized removal of Recyclable Materials Scavenging is prohibited by Public Resources Code 41950 Service Commencement Date means August 1 2013 the date upon which Contractor becomes solely responsible for providing Comprehensive Refuse Services to City and within Csity boundaries Solid Waste means and includes any materials defined as solid waste by Section 40191 of the California Public Resources Code and specifically includes without limitation Recyclable Materials Organic Waste Bulky Items and all other non hazardous materials excluding Universal Waste that are discarded into the waste stream by the generator or collected in exchange for a fee or any other consideration regardless of form or amount Streets shall mean all dedicated public rightsofway within the existing or future corporate limits of the City Term means the operative life of this Agreement as provided in Section 3 13 Transition Period mean the period of time between the Effective Date and the Service Commencement Date Universal Waste means and includes but is not limited to Universal Waste Electronic Devices or UWEDsie electronic devices subject to the regulation of the Department of Toxic Substances Control 23 CCR 616273 et seq and other Universal Wastes including but not limited to nonempty aerosol cans fluorescent tubes high intensity discharge lamps sodium vapor lamps and any other lamp exhibiting a characteristic of a hazardous waste batteries rechargeable nickelcadmium batteries silver button batteries mercury batteries small sealed lead acid batteries burglar alarm and emergency light batteries alkaline batteries carbonzinc batteries and any other batteries which exhibit the characteristic of a hazardous waste mercury thermometers and mercurycontaining switches Also see of this Agreement Work Days means the days Monday through Friday during the hours of700 amto500pmwhich is the general period Contractor provides regular collection services 5 Compliance with Laws and Regulations Contractor warrants that it will comply with all applicable laws including implementing regulations as they may be amended specifically including but not limited to RCRA CERCLA the Act the Electronic Waste Recycling Act of 2003 laws governing Universal Waste including but not limited to Universal Waste Electronics Devices mercury thermometers mercury containing switches regulations and orders of the California Department of Toxic Substances Control the California Air Resources Board CalRecycle and their respective successor agencies and all other applicable laws of the United States the State of California the County of Los Angeles ordinances of the City the requirements of Local Enforcement Agencies and all other agencies with jurisdiction 6 Community Work to be Done As part of the consideration for the grant of an exclusive franchise Contractor shall provide the following services at no charge to City 61 Collection from City Facilities Firm Firm shall collect and dispose of all Solid Waste Recyclable Materials and Organic Waste generated at City facilities and at City owned bus stopspublic trash receptacles Firm shall also provide City with additional containers as needed in conjunction with City special events and City projects Such locations events and projects are fully described in City Service Locations List Exhibit C 62 Collection of Abandoned Property Contractor shall collect and remove abandon items dropped in City public rightofway areas at City parks and other public locations Collection shall be with a flatbed truck or other comparable vehicle approved in writing by the City Manager of the type used for Bulky Item collection Schedule and 14 route shall be directed by the City and take place Monday through Friday between600 amand noon with no service on holidays 36 Development Review Contractor upon Csity request shall assist the City in the review of applicants plans for projects covered by Public Resources Code 42911 including commercial and multi family projects to provide for effective and economical accumulation and collection of Solid Waste Organic Waste and Recyclable Materials 64 Communication with City Emergency Service Contractor shall establish and maintain an office and have an authorized supervisor as the point of contact for communications with the City Contractor will provide cell phone numbers andor other required contact information to City Staff to be used in case of an emergency These emergency numbers can be used outside normal business hours and will be kept confidential The Csontractor office shall have a twentyfour 24 hour telephone service and a responsible person in charge seven 7 days a week to receive all requests for for emergency service which are forwarded by the City Firm shall respond and provide emergency service within two 2 hours from the time a call is placed by the City Requests for routine service or complaint issues shall be resolved expeditiously within the following twentyfour 24 hour period 56 Good Corporate Citizenship Csontractor commitment to good corporate citizenship as the holder of an exclusive franchise in the City is set forth in Exhibit F 7 Customer Service 71 Regular Office Hours Telephone Access and Website a Local Office Contractor shall maintain an office within the City located at staffed for a minimum of twenty 20 hours per week throughout the term of this Agreement commencing two weeks before the initiated at least two 2 weeks before the Service Commencement Date b Customer Calls The Contractor shall have at all times during the hours between600amand500 pmMonday through Friday an employee available at Csontractor office to promptly answer inquiries and to receive and respond to complaints Contractors name shall be listed in Rosemead area telephone directories under Contractors name at Contractors expense 72 Emergency After Hours Telephone Number Contractor shall have an afterhours message center where customers can leave messages Contractor will retrieve all voice and email messages the following business day 73 Multilingual Service Contractor shall provide customer service by telephone and on its website in English Spanish Mandarin Vietnamese and such other 15 languages that City reasonably determines to be necessary for communication with customers 74 Accessible Customer Service Customer service shall be provided in a manner that is accessible to persons with disabilities as required by the Americans With Disabilities Act and any other applicable law 75 Customer Service and Complaint Logs Contractor shall update customer records with any inquiries service requests and complaints into a customer data base which shall be maintained in a manner that is reasonably available for inspection and review by City upon request All calls shall be recorded Contractor shall note the name and address of the complainant the date and time of the complaint the nature of the complaint the name of the Csontractor employee taking the complaint and the nature and date of Csontractor resolution of the complaint Contractor shall inform all service recipients that all complaints shall be directed to Contractor The complaint log shall be maintained on a computerized database format The complaint log shall be available for inspection and review by City upon request Contractor shall provide a summary of the complaint log to City monthly during the first1year of service and then quarterly thereafter for the duration of the Term at the Csity request 76 Service Responses City and Contractor agree that the protection of public health safety and wellbeing require that service complaints be acted on promptly Contractor shall be responsible for the prompt and courteous attention to and prompt and reasonable resolution of all service recipient complaints a Missed PickUps In the case of a complaint of a missed collection Contractor shall make the collection on the date of the call if the call is received by 010amand before noon the following collection day if the complaint is received after 010am b Other Complaints Contractor will respond to all complaints from service recipients other than missed pickups within one 1working day of receiving the complaint 7 Overflowing ContainersBins In the event that that Customers regularly produce more refuse that their current service level allows Contractor may initiate a process to increase service levels In such case Contractor shall document the incident with a photograph date time and send notice to the Customer Upon three 3 such incidents in a six 6 month period the Contractor shall notify the City If upon further review such overflow persists Contractor may increase service levels to the customer 78 Contaminated ContainersBins If Customers dispose of improper materials in recycling containers Contractor may initiate a process to remove recycling containers In such case Contractor shall document the incident with a photograph date time and send notice to the customer Upon three 3 such incidents in a six 6 month period the Contractor shall notify the City If upon further review such 16 contamination persists Contractor shall be allowed to remove recycling containers that were provided to the customer 8 Customer Rates and Billing Procedures 81 Rates for Service a Maximum Permitted Customer Rates Contractor shall not charge rates or additional charges fees or penalties in excess of the Maximum Permitted Customer Rates specified on Exhibit E attached to this Agreement including the Qualifying Senior and Customers with Disabilities discounts b Adjustments To Maximum Permissible Service Rates Five Percent Annual Maximum On August 1 2014 and annually thereafter the Maximum Permissible Rates shall be adjusted by the lesser of Five Percent 5 or the Cost Increase PercentageCost Increase Percentage shall mean P7erce0ntage Change in CPI 30 Percentage Change in TDiispppoinsagl Fee 2 Percentage Change in CPI shall mean the percentage change in the All Urban Customers Los Angeles Riverside Orange County index for the previous 12Month period ending in May For instance an August 1 2014 Percentage Change in CPI would be the change between the CPI index in May 2014 and the CPI index in May 2013 3 Percentage Change in TDiispppoinsagl Fee shall mean the Average Municipal Disposal Fee for the previous be the average municipal disposal fees charged at landfills within a fifty 50 mile radius of the City calculated during the previous year 4 Adjustment Due to Change In Law As used herein Change in Law means the enactment issuance adoption repeal amendment or modification of any federal state or local statute ordinance or regulation or a regulatory agency or other administrative agency interpreting a regulation or statute or a judicial decision interpreting a law statute ordinance or regulation in a manner different than relied upon by municipalities and the solid waste and collection industry Contractor may adjust the Maximum Customer Rates by an amount equal to the increase or incremental increase as the case may be in the reasonable costsie on any direct or indirect cost whether fixed or variable of Csontractor provision of services under this Agreement that are caused by the Change in Law Contractor shall provide to the City and the public detailed information supporting the proposed increase in Maximum Customer Rates which may not be retroactive If within sixty days after receiving the notice of adjustment and supporting documents or upon failure to 17 receive adequate supporting documents the City concludes that the increase exceeds the reasonable increased costs for providing the new service City may notify the Contractor that it is in default under this Agreement 82 Contractor to Bill The Contractor shall be solely responsible for the billing and collection of payments from Customers Quarterly customers bills for services shall be submitted and collected by the Contractor in advance of the qsuarter service A thirtyday grace period shall be allowed prior to the charge of any late fee or penalty83 City Provided Billing Inserts City may provide educational and other material to Contractor for inclusion in the invoices mailed by Contractor to Residential Multifamily and Commercial Customers for collection services Contractor shall not charge the City for the inclusion of additional educational or other materials in the invoices provided the inclusion of such City requested materials does not exceed the cost for standard postage for any mailing 84 Delinquent Service Accounts a Residential Accounts Contractor agrees not to discontinue service to Residential customers Residential Customers owners or tenants who have not remitted required payment within one hundred twenty 120 days after the date of billing shall be notified by Contractor on forms that contain a statement that if payment is not received within fifteen 15 days from the date of the notice the delinquent and unpaid charges including a 15monthly interest may be alaoed en the Los eAlnees eunhva Fed eFty tax effs and that a amouo ui the G nt b9fi a address on fn b Commercial and Other Accounts Contractor agrees to not discontinue service to a commercial or debris box customer until csustomer account has been delinquent for a period of at least sixty 60 days If the Contractor terminates service to any non paying person corporation or entity such person corporation or entity as a condition precedent to reestablishment of such service shall comply fully with all of the then billing policies and practices of the Contractor including but not limited to requirement of payment by cash or cash equivalent prepayment of one full billing cycle a security deposit payment of all costs of collection of monies owed to Contractor and payment of a reinstatement fee In addition delinquent accounts shall be charged a15monthly late fee on the delinquent balance If the Contractor discontinues service for non payment Contractor shall upon City request give written notice to the City Manager of any discontinuance of service for nonpayment giving the name and address of the csustomer an 9 Residential Services Contractor shall provide refuse collection service to Residential Customers as set forth in this Section 9 and Exhibit G Residential Services 91 Weekly Service Contractor shall provide refuse collection service at an interval not less than once per week to all Residential Customers properties in the City Firm will provide fully automated Solid Waste Recyclable Material and Green Waste containers for residential customers The standard Cart is 96gallons but Residential Customers may request a smaller size container which the Contractor will provide within fourteen 14 days Extra recycling and green waste containers shall be provided at Residential Customers request 92 Temporary Bin and Box Service Contractor shall provide temporary Bin and Box service including Construction and Demolition Debris Bins to Residential Customers Contractor shall deliver such Bin or Box within 24 twentyfour hours of request not including weekends or holidays 93 Bulky Items Service Contractor shall provide Bulky Items collection to all residential customers upon requests A Customer shall have the right to twenty five 25 Bulky Items pickups per year with up to five 5 items per pickup Such pickup shall take place on the regularly scheduled collection day Customers must call in at least fortyeight 48 hours prior to scheduling a pickup 94 Holiday Tree Collection Contractor shall collect all holiday trees discarded by any residential customer on the first two regularly scheduled collection days after Christmas Day 95 BackyardOffStreet Collection Option Contractor shall provide a backyardoff street collection service to residential customers that request such service Contractor shall remove all Carts and place them out for collection service and return Carts to the storage area after collection Contractor may charge Customers for this service up to the amounts set forth in Exhibit F which includes a discount program for Qualifying Seniors or Customers with Disabilities set forth in that exhibit This service shall be provided at no additional charge to the extent necessary to comply with the provisions of the Americans with Disabilities Act or any similar state law 10 Multifamily and Commercial Services Contractor shall provide refuse collection service to Multi Family and Commercial Customers as set forth in this Section 10 and Exhibit H Commercial and Multi Family Services 110 Regular Service Contractor shall provide refuse collection service at an interval of at least once per week to all customers at multi familycommercial properties in the City Contractor will provide 2 3 4 and 6 cubic yard Bins upon request As an alternative to Multifamily or Commercial Customers that do not have adequate space or generate enough waste to necessitate a Bin Contractor shall offer customers 19 automated 96gallon Carts for Solid Waste Recycling and Green Waste Such service shall be billed based on the number of Solid Waste containers provided and number of pickups per week After completion of a waste audit the City shall make the final determination as to whether a customer will receive an automated collection container 120 Bulky Item Service Contractor shall provide Bulky Item collection to all Multifamily Customers in the City without any additional charge Such collection will be limited at 4 four items per pickup with up to 4 four pickups that may be scheduled each year Such pickup shall take place on the regularly scheduled collection day Multifamily Customers must schedule a pickup at least fortyeight 48 hours in advance excluding weekends and holidays Other Commercial customers including the managers of multi family properties may participate in this collection program described in Exhibit H Commercial and Multifamily Services paying no more than the Maximum Permitted Customer Rates in Exhibit F 130 Recycling In compliance with State law firm shall provide recycling collection services to Commercial customers in compliance with provisions included in Assembly Bill 341 and the Csity local commercial solid waste recycling ordinance Such recycling services will be directed at Commercial customers that generate 4 cubic yards of solid waste per week or multi family dwellings with 5 or more units Further the Contractor shall meet provisions listed in Public Resources Code Section 42649 which include developing a source separation or mixed waste processing program for recyclable materials Such programs will be established between Commercial customers and Contractor and include outreach programs reporting requirements enforcement provisions for meeting requirements established related to commercial recycling In addition Contractor shall send a minimum of 75 of commercial refuse not including Multifamily Customers collected by weight for processing to recover recyclables with a minimum recovery rate of 25 Firm shall provide City with tickets to confirm materals rocessed written documentation to confirm materials processed 140 Waste to Energy Contractor shall send a sufficient amount of refuse from which recyclable materials have been removed to a wastetoenergy facility for the City to receive diversion credit for ten percent 10 of the total solid waste collected by Contractor per year Such credit should not be less than five thousand5000 tons of diversion credit per year The City reserves the right to request that additional refuse materials be sent to a wastetoenergy facility if it is necessary to meet Minimum Diversion Requirement 150 Repositioning of Bins Contractor Firm may not charge additional fees for scout or swamper services required to position bins for proper collection If positioning a bin is required the bin shall not be left in a location that will obstruct traffic or access through the public rightofway 20 11 Collection Routes 111 Collection Routes 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 composite map of the routes and a list of all addresses in each route indicating the collection days for each area 121 Subsequent Collection Route Changes The Contractor shall submit to the City Manager in writing any proposed route change including maps thereof not less than thirty 30 calendar days before the proposed date of implementation If the route change will change the collection day for a Customer the Contractor shall at its expense provide 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 service will be provided The notice shall contain the day or days of the week upon which the collection will be made the name address and telephone number of the Contractor and other information deemed necessary by the City manager The notice shall be paid or personally served not less than f1ourt4een days before the change If the City Manager so directs the Contractor shall also publish a notice with the same information in a newspaper of local circulation once each week for two successive weeks immediately prior to the change in the collection schedule 131 Collection Route Audits The City reserves the right to conduct audits of Csontractor collection routes The Contractor shall cooperate with the City in connection therewith including permitting City employees or agents designated by the City Representative to follow behind the collection vehicles in order to conduct the audits The Contractor shall have no responsibility or liability for the salary wages benefits or worker compensation claims of any person designated by the City Representative to conduct such audits 12 Public Outreach Services 112 General Contractor shall be responsible for providing outreach bill inserts describing programs services and events Contractor shall include such program inserts at least twice annually with the approval of City prior to distribution 122 Waste Generation and Characterization Studies Contractor acknowledges that City must perform Solid Waste generation and characterization studies periodically to comply with AB 939 requirements Contractor agrees to participate and cooperate with City and its agents and to perform studies and data collection exercises as needed to determine weights volumes and composition of Solid Waste generated disposed transformed diverted or otherwise processed to comply with AB 939 13 Collection Equipment 113 General Contractor warrants that it shall provide adequate numbers of vehicles and equipment for the collection transportation recycling and disposal services for which it is responsible under this Agreement All collection vehicles used by 21 Contractor in the performance of services under this Agreement shall be of a high quality The vehicles and equipment to be used are specified in Exhibit I 123 Identification The vehicles used pursuant to this Contract shall have the name of the Contractor the Csontractor local telephone number and a unique vehicle identification number for each vehicle prominently displayed on all collection vehicles The vehicles shall also display a statement as to the type of alternative fuel being used 133 Alternative Fuels The Contractor shall use alternative fuel vehicles approved by the South Coast Air Quality Management District for fully automated refuse collection services Vehicles shall meet all requirements specified per AQMD Rule 1193 as it may be amended from time to time 143 Fully Automated Residential Collection Vehicles used for Residential collection services shall be fully automated side loading refuse trucks using a fully mechanized arm to pick up and dump automated waste collection containers Drivers shall not be required to exit the vehicle to assist with securing the containers to or lifting the containers into the refuse collection truck 153 Registration and Inspection All vehicles utilized by Contractor in the performance of this Agreement shall be registered with the California Department of Motor Vehicles All vehicles shall pass the required periodic California Highway Patrol biennial inspection of the terminals BIT Within fifteen 15 days of the BIT inspection Contractor shall provide records from all of the tserminal responsible for the maintenance and repair of equipment used in the City All vehicles and equipment used by Contractor in the performance of this Contract shall be subject to inspection by the City upon twentyfour 24 hours notice by the Public Works Director 163 Drivers and Operators All drivers employed by Contractor and operating equipment in the City shall be properly licensed for the class of vehicle they drive enrolled in the Department of Motor Vehicles Employee Pull Notice EPN program and abide by all State and federal regulations for driver hours and alcohol and controlled substances testing 173 Litter Spills Each of Csontractor vehicles shall be constructed and used in a manner so that no part of the waste stream will blow fall or leak out of the vehicle All waste shall be transported by means of vehicles which are covered in such a manner as to securely contain all waste and to prevent such waste from projecting blowing falling or leaking out of the vehicles Any waste dropped or spilled in collection transfer or transportation shall be immediately cleaned up by Contractor A broom and a shovel shall be carried at all times on each vehicle for this purpose 183 Avoiding Damage to Streets Contractor shall use commercially reasonable efforts to prevent damage to all streets over which its collection equipment may be operated and Contractor shall obtain all required approvals for operation of its Collection vehicles on private streets and parking lots Contractor shall use commercially reasonable efforts to prevent spills of fuel fluids such as oil hydraulic 22 fluid brake fluid etc on streets and if such a spill occurs Contractor shall within 1 hour notify the City including the Director of Public Works or hisher designee and all proper regulatory authorities of said spill and release of fluids and shall clean at Csontractor expense the spilled fluids in coordination with and to the satisfaction of City and applicable regulatory agencies Upon a release of such fluids the driver shall immediately park the vehicle and it shall remain parked until the leak is repaired In such event Contractor shall not park the leaking vehicle within two hundred 200 feet of a storm drain and shall utilize absorbent sand bags or other appropriate means to prevent leaking fluids from entering storm drains In the event of any type of spill or other emergency Contractor shall be responsible for securing the immediate safety of the vehicle driver all other employees of Contractor and all persons and property in the surrounding vicinity Contractor shall not transfer loads from one vehicle vehicle to another on any public street or private roadway unless it is necessary to do so because of mechanical failure or damage to a collection vehicle which renders it inoperable and the vehicle cannot be towed In addition each collection vehicle shall be equipped with trash bags masking tape and notice of non collection tags for the purpose of separating hazardous waste for return to the generator 193 Communications A communications device such as a twoway radio or a cellular telephone shall also be maintained on each vehicle at all times 103 Equipment Storage Contractor shall not store any vehicle or equipment on any public street public rightofway or other public property in the City without obtaining a Encroachment Permit from the Public Works Department and prior written consent of the Public Works Director 113 Equipment Removal Should the Public Works Director at any time give written notification to Contractor that any vehicle does not comply with the standards in this Agreement the vehicle shall shall be promptly removed from service by Contractor and not used again until inspected and authorized in writing by the Public Works Director 123 Equipment Maintenance All vehicles shall be properly maintained kept clean and in good repair and shall be uniformly painted All vehicles used in performance of this Contract shall be maintained and operated in conformance with all applicable laws statutes rules and regulations In performance of this Contract the issuance of four4 or more vehicle driveroperator or other citations that relate in any way to this Contract within a 12 month period shall be deemed to be breach of this Contract Quarterly reports setting forth information regarding Csontractor vehicles and equipment shall be prepared on such form as required by the Public Works Director Each quarterly report shall be submitted on or before the 15th day of the month following the end of the previous calendar quarter 13 Compliance Contractor warrants that it will comply with all measures and procedures promulgated by all agencies with jurisdiction over the safe and sanitary operation of all its equipment 23 134 Private Streets Alleys and Parking Lots Contractor agrees to use its best efforts to prevent damage to private streets alleys and parking lots over which its collection equipment may be operated to obtain all required approvals for operation of its collection vehicles on private streets alleys and parking lots 135 Safety Equipment All collection equipment used by Contractor shall have appropriate safety markings including but not limited to highway lighting flashing and warning lights clearance lights and warning flags All such safety markings shall be subject to the approval of the City and shall be in accordance with the requirements of the California Vehicle Code as may be amended from time to time All collection vehicles shall be equipped with audible backup warning devices 136 Vehicle Signage and Painting Collection vehicles shall have the Csontractor name Csontractor customer service telephone number and a vehicle identification number on each side of the vehicle in type that is easily read by the the public 137 Maintenance Log Contractor shall maintain a maintenance log for each collection vehicle The log shall at all times be accessible to City upon request of City Representative and shall show at a minimum each vsehicle Contractor assigned identification number date purchased or initially leased dates of performance of routine maintenance dates of performance of any additional maintenance and description of additional maintenance performed 138 Equipment Inventory On or before the Service Commencement Date and upon Csity request thereafter Contractor shall provide to City an inventory of collection vehicles and major equipment used by Contractor for collection or transportation and performance of services under this Agreement The inventory shall indicate each collection vehicle by Contractor assigned identification number DMV license number the age of the chassis and body type of fuel used the type and capacity of each vehicle the number of vehicles by type the date of acquisition the decibel rating and the maintenance status Upon City request Contractor shall submit to the City Representative either by Fax oremail an updated inventory annually to the City or more often at the request of the City Representative Each vehicle inventory shall be accompanied by a certification signed by Contractor that all collection vehicles meet the requirements of this Agreement Vehicles and equipment shall be not more than three years old 139 Reserve Equipment The Contractor shall have available to it at all times reserve collection equipment which can be put into service and operation within one 1 hour of any breakdown Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties 1203 Containers a Containers Carts Bins and Boxes provided to Customers of Contractor for storage collection or transportation of solid wastes shall meet the requirements designated by the Public Works Director as well as State of California 24 minimum standards for solid waste handling established under Public Resources Code Section 43020 and applicable health requirements The Public Works Director shall have the right to approve the color of containers manufacturer of containers and lettering and decals used on containers Contractor shall repair or replace any container which is damaged broken lost or stolen with a container approved by the Public Works Director at no cost b All containers used by Contractor in the performance of solid waste handling services shall be marked with Csontractor name and telephone number in letters which are easily read by the general public All solid waste containers used in the performance of this Contract shall be kept clean and in good repair to the satisfaction of the Public Works Director Contractor shall also regularly inspect containers and bins and be responsible for the prompt removal of graffiti from such containersbins 14 Privacy 114 General Contractor shall observe and protect the rights of privacy of service recipients Information identifying individual service recipients or the composition or contents of a service rsecipient Solid Waste Recyclable Materials or Organic Waste shall not be revealed to any person governmental unit private agency or company unless upon the authority of a court of law by statute or upon valid authorization of the service recipient This provision shall not be construed to preclude Contractor from preparing participating in or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by the Act or preparing and distributing public awareness materials to service recipients 124 Mailing Lists Contractor shall not market or distribute mailing lists with the names and addresses of service recipients 134 Privacy Rights Cumulative The rights accorded service recipients pursuant to this Section shall be in addition to any other privacy rights accorded service recipients pursuant to federal or state law 15 Service Exceptions Hazardous and Universal Waste 115 Hazardous Waste Inspection Diversion and Reporting Contractor reserves the right and has thedutto inspect Solid Waste put out for collection and to reject Solid Waste observed to be contaminated with Hazardous Waste Should Contractor find or observe reportable quantities of Hazardous Waste put out for collection with Solid Waste Contractor shall notify all agencies with jurisdiction including the California Department of Toxic Substances Control and Local Emergency Response Providers and if appropriate the National Response Center of reportable quantities of Hazardous Waste found or observed in Solid Waste observed or collected anywhere within the City In addition to other required notifications if Contractor observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully disposed of or released on City property 25 including storm drains streets or other public rights of way Contractor shall notify the City Manager or the City Managers designee immediately 125 Universal Waste Handling Contractor shall handle Universal Waste Electronic Devices UWEDs and cathode ray tubes CRTs and other Universal Wastes including but not limited to nonempty aerosol cans fluorescent tubes high intensity discharge lamps sodium vapor lamps and any other lamp exhibiting a characteristic of a hazardous waste batteries rechargeable nickelcadmium batteries silver button batteries mercury batteries small sealed lead acid batteries burglar alarm and emergency light batteries alkaline batteries carbonzinc batteries and any other batteries which exhibit the characteristic of a hazardous waste mercury thermometers mercurycontaining switches and any other Universal Wastes disposed of improperly into the Solid Waste stream in a manner consistent with the applicable regulations of the Department of Toxic Substances Control or its successor agency 135 Hazardous and Universal Waste Diversion Records Contractor shall maintain records showing the types and quantities if any of Hazardous and Universal Wastes found in Solid Waste and which was collected from service recipients within the City but diverted from land filling and the diversion addresses 16 Ownership of Solid Waste Recyclable Materials Organic Waste and Construction and Demolition Materials Ownership of Solid Waste Organic Waste and Recyclable Materials shall pass by operation of law to Contractor at such time as said materials are placed for collection in Containers for collection by Contractor Ownership and the right to possession of Solid Waste Recyclable Material Organic Waste and Construction and Demolition Materials placed for collection shall transfer directly from the service recipient to Contractor by operation of law and not by virtue of this Agreement At no time does the City obtain any right of ownership or possession of Solid Waste or any Hazardous Waste illicitly placed for collection in a Solid Waste Container and nothing in this Agreement shall be construed as giving rise to any inference that City has any such rights 17 Marketing and Diversion of Recyclable Materials Contractor agrees to divert all Mixed Recyclable MaterialSolid Waste Recyclable Materials and Organic Waste from disposal in landfills or transformation facilities to the extent feasible and to obtain maximum diversion credit 18 Csontractor Books and Records Audits 118 Record Retention In addition to the requirements set forth elsewhere in this Agreement Contractor shall maintain all records relating to the services provided hereunder during the Term and an additional period of not less than three years or any longer period required by law The City shall have the right upon five business days advance notice to inspect copy and audit all records relating to this Agreement including but not limited to service recipient lists billing records maps and customer 26 complaints Such records shall be made available to City at Csontractor regular place of business or other place agreed to by City and Contractor within the County of Los Angeles128 Underpayment Should any examination or audit of Contractor records reveal an underpayment of any payment required to be paid to City under this Agreement the amount of such underpayment plus interest at the maximum rate permitted under California law shall become due and payable to City not later than thirty days after written notice of such underpayment is provided to Contractor by City Should an underpayment of more than five percent 5 be discovered Contractor shall bear the entire cost of the examination or audit 19 Integrated Waste Management Act Reporting Requirements Contractor shall cooperate with City in Solid Waste disposal characterization studies and waste stream audits and shall implement measures adequate to achieve the diversion goals set forth in this Agreement During the Term of this Agreement Contractor at no expense to City shall submit to City all relevant information and reports required to meet the reporting obligations imposed by CalRecycle under the Act as amended Contractor agrees to submit such reports and information by email or on computer discs in a format acceptable to City at no additional charge if requested by City 20 Reports 210 Periodic Reports Contractor shall submit to City monthly reports setting forth any complaintsegwritten or oral comments received by Contractor expressing dissatisfaction with Contractor or any services provided by Contractor that relate in any manner to this Contract the total amount in tons of solid waste which Contractor collected in the City of Rosemead during the reportable month the total weight in tons of solid waste disposed of by Contractor at landfills and transfer stations which Contractor collected in the City of Rosemead during the reportable month the total weight and the weight by material category in tons of solid waste disposed of by Contractor at recycling and materials recovery facilities during the reportable month which Contractor collected in the City the name and location of all solid waste and recycling facilities where City materials were delivered and such other tonnage or other information as requested by the Public Works Director including but not limited to weigh tickets and recycling records Such monthly reports shall be prepared on such form as required by the Public Works Director In addition on a quarterly basis the Contractor shall submit to the City any equipment terminal safety employee safety and inspection reports citations records and other documents for all Contractors operations and activities that relate in any way to this Contract including but not limited to periodic California Highway Patrol biennial terminal inspection reports vehicle citations California Highway Patrol Incident reports citations issued to driversoperators other citations issued to the Contractor or its employees California Occupational Safety and Health Administration 300 reports and Lead Environmental Agency inspectioncompliance reports Each quarterly report and accompanying 27 reportscitations shall be submitted on or before the 15th day of the month following the end of the quarteriereport due January 15 for first quarter after the Effective Date and submitted to Public Works Director City of Rosemead 8838 East Valley Blvd Rosemead CA 91770 Contractor shall comply with all recycling and diversion requirements imposed by law ordinance or regulation on the City Monthly reports stating the total amount in tons of solid waste which Contractor landfilled recycled and collected should accurately reflect a sixty percent 60 diversion rate as required by the City At the end of each quarter monthly reports will be evaluated for AB939 compliance Failure to comply with the recycling and diversion requirements shall be a material breach of this Contract 220 Reporting Additional Matters Contractor shall provide City two copies one to the City Representative one to the City Attorney of all correspondence reports pleadings applications notifications notices of violation communications or other material relating specifically to Csontractor performance of services pursuant to this Agreement submitted by Contractor to or received by Contractor from the United States or California Environmental Protection Agency CalRecycle or its successor agency the California Department of Toxic Substances Control or its successor the Fair Political Practices Commission the cognizant Local Enforcement Agency or its successor the Securities and Exchange Commission or any other federal state or county agency including any federal or state court Copies shall be submitted to City within a reasonable time subsequent to Csontractor filing or submission of such matters with said agencies Csontractor routine correspondence to said agencies need not be routinely submitted to City but shall be made available to City upon written request 230 CERCLA Defense Records City views the ability to defend against CERCLA and related litigation as a matter of great importance For this reason the City regards the ability to prove where its Solid Waste was taken as well as where it was not taken to be matters of concern Contractor shall maintain data retention and preservation systems which can establish where Solid Waste collected in the City was landfilled and therefore establish where it was not landfilled and a copy or summary of the reports required by Section 135 for fifty years after the Term during which collection services are to be provided pursuant to this Agreement and to notify Csity Risk Manager and City Attorney before destroying such records This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement 21 Indemnification and Insurance 9 211 Indemnification re Certain Challenges to Agreement Contractor upon demand of the City made by and through the City Attorney shall indemnify hold harmless protect City and appear in and defend the City and its elected officials officers employees and agents Indemnitees in any claims or actions by third parties whether judicial administrative or otherwise including but not limited to disputes and litigation over the definitions of Solid Waste or Recyclable Material asserting rights under the dormant Commerce Clause or any other federal or state law including but not limited to the antitrust laws with respect to the provision of Comprehensive Refuse Services in the City and challenges to the certification or implementation imposition adjustment or collection of any rate interest penalty or other fee under the Agreement This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement City and Contractor agree to confer following any trial to decide jointly whether to appeal or to oppose any appeal In the event City and Contractor agree to appeal or to oppose any appeal City and Contractor agree to share equally the costs of appeals Should either City or Contractor decide to appeal or to oppose an appeal and the other decide not to appeal or to oppose an appeal the party which decides to appeal or to oppose an appeal shall bear all fees and costs of the appeal or the opposition to the appeal 221 Indemnification Regarding Article XIII C and XIII D City intends to comply with all applicable laws concerning the Maximum Permitted Customer Rates provided under this Agreement Upon thorough analysis the Parties have determined and agree that the Maximum Permitted Customer Rates for the Solid Waste Handling Services provided under this Agreement are not subject to California Constitution Articles XIIIC and XIIID because among other reasons such services are provided by a private corporation and not by City Contractor independently establishes charges and and collects the compensation For said services within the limits established in this Agreement the receipt of said services is voluntary and not required of any property within City and any owner or occupant of property within City has the opportunity to avoid the services provided under this Agreement either through self hauling or use of property in such a manner that Solid Waste is not generated as set forth in pursuant to Section 1 Nevertheless this is a legal determination which is subject to changes in the law and further interpretations of the law Accordingly Contractor shall defend indemnify and hold harmless the Indemnities from and against any and all Claims of any kind whatsoever paid imposed upon endured or suffered by or assessed against the Indemnitees resulting in any form from the Maximum Permitted Customer Rates provided for the Solid Waste Handling Services under this Agreement or the rates actually charged by the Contractor for its services or from the consideration received by City for the grant of an exclusive franchise Nothing herein is intended to imply that California Constitution Articles XIIIC and XIIID apply to the provision of Maximum Rates for the Solid Waste Handling Services provided under this Agreement or the Customer Rates rather this section is provided merely to allocate risk of loss as between the Parties 231 Environmental Indemnification and Compliance Contractor shall indemnify defend protect and hold harmless City its elected officials officers 29 employees volunteers agents assigns and any successor or successors to Csity interest from and against all claims actual damages including but not limited to special and consequential damages natural resource damages punitive damages injuries costs response remediation and removal costs losses demands debts liens liabilities causes of action suits legal or administrative proceedings interest fines charges penalties and expenses including but not limited to attorneys and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity of any kind whatsoever paid incurred or suffered by or asserted against City or its elected officials officers employees volunteers or agents arising from or attributable to any repair cleanup or detoxification or preparation and implementation of any removal remedial response closure or other plan regardless of whether undertaken due to governmental action concerning any Hazardous Waste including Household Hazardous Waste and Universal Waste in any Solid Waste Recyclable Material or Organic Waste collected by Contractor pursuant to this Agreement which is or has been transported transferred processed stored disposed of or which has otherwise been located by Contractor or its activities pursuant to this Agreement resulting in a release of a Hazardous Waste including Household Hazardous Waste and Universal Waste into the environment 241 General Indemnification Contractor further agrees to indemnify defend protect and hold harmless City its elected officials officers employees volunteers agents assigns and any successor or successors to Csity interest from and against all losses liabilities claims actual damages including but not limited to special and consequential damages demands debts liens causes of action suits legal or administrative proceedings interest fines charges penalties and expenses including but not limited to attorneys and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity of any kind whatsoever paid incurred or suffered by or asserted against City or its elected officials officers employees volunteers or agents arising from or attributable to any act or omission of Contractor or its officers employees or agents in the performance or failure to perform the services required under this Agreement andor failure by Contractor to fully comply with all applicable laws and regulations with respect to the operation of its collection vehicles including but not limited to applicable rules governing clean burning and alternative fuel vehicles 251 Effect of Environmental Indemnification This indemnity is intended to operate as an agreement pursuant to 1e07 of the Comprehensive Environmental Response Compensation and Liability Act CERCLA 42SCU 9e607 and California Health and Safety Code 25364 to defend protect hold harmless and indemnify City from all forms of liability under CERCLA RCRA other statutes or common law for any and all matters addressed in Subsection 231 This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement 261 Compliance with Laws Contractor warrants that it will comply with all applicable laws and implementing regulations as they may be amended specifically including but not limited to RCRA CERCLA AB 939 the Electronic Waste Recycling 30 Act of 2003 and all other applicable laws and regulations of theUSEnvironmental Protection Agency the State of California the County of Los Angeles the California Air Resources Board CalRecycle the South Coast Air Quality Management District the California Department of Toxic Substances Control ordinances of the City and the requirements of Local Enforcement Agencies and all other agencies with jurisdiction 271 Workers Compensation Insurance Contractor shall obtain and maintain in full force and effect throughout the entire Term of this Agreement full workers compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California Copies of policies and endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Agreement The policy providing coverage shall be amended to provide that the insurance shall not be suspended voided canceled reduced in coverage or in limits except after thirty days prior written notice by certified mail return receipt requested has been given to the City The policy shall also be amended to waive all rights of subrogation against the City its elected or appointed officials employees or agents for losses that arise from work performed by the named insured for the City 281 Liability and Vehicle Insurance Contractor shall obtain and maintain in full force and effect throughout the entire Term of this Agreement a Broad Form Comprehensive General Liability occurrence policy form CG 0001 and an Insurance Services Office form number CA 0001 Ed187 covering Automobile Liability Code 1 any auto policy with minimum limits of Ten Million Dollars001000 aggregate and Five Million Dollars 500000per occurrence per year Coverage over One Million Dollars0100per occurrence and Two Million Dollars 0200in the aggregate may be provide though an excess or umbrella policy Said insurance shall protect Contractor and City from any claims for damages for bodily injury including accidental death as well well as from any claims for property damage which may arise from this Agreement Copies of the policies and endorsements evidencing the above required insurance coverage shall be filed with the City Clerk 291 Required Language In Policies The following language is required to be made a part of all of the insurance policies except for Workers Compensation Insurance required by this Section The City of Rosemead its employees agents franchisees and officers are hereby added as additional isnsured as respects to liability arising out of activities performed by or on behalf of Contractor This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess including any self insured retention the City may have and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it 31 This policy shall act for each insured as though a separate policy had been written for each This however will not act to increase the limit of liability of the insuring company Thirty days prior written notice by certified mail return receipt requested shall be given to the City in the event of suspension cancellation reduction in coverage or in limits or non renewal of this policy for whatever reason Such notice shall be sent to the City Manager City Attorney and City Clerk 1201 Pollution andor Environmental Impairment Liability Insurance Contractor shall obtain and maintain in full force and effect for the entire Term of this Agreement a Pollution andor Environmental Impairment Liability policy covering liability arising from the release of Hazardous Waste or other contaminants pollutants or irritants with minimum limits of Ten Million Dollars001000aggregate and Five Million Dollars005000per occurrence per year Contractor shall ensure that such coverage shall automatically broaden in its form of coverage coverage to include legislated changes in the definition of Hazardous Waste The policy shall stipulate that this insurance is primary and no other insurance carried by City will be called upon to contribute to a loss suffered by Contractor hereunder and shall waive subrogation against City and other additional insureds 121 Required Rating The insurance required by this Agreement shall be with insurers which are Best A VIIrated and which are Californiaadmitted The limits of such insurance coverage and companies shall be subject to review and approval by the Csity Risk Manager every year and may be increased at that time and match the coverage provided by the Csity own liability insurance policy The City shall be included as a named insured on each of the policies The insurance required by this Agreement is in addition to and not in lieu or limitation of the indemnification provisions above 1212 Evidence of Insurance Coverage Insurance Repository Contemporaneously with the execution of this Agreement Contractor shall file copies of the policies or executed endorsements evidencing the above required insurance coverage with the City Clerk In addition City shall have the right of inspection of all insurance policies required by this Agreement Contractor also agrees to maintain copies of insurance policies required pursuant to this Agreement for one hundred years 100 years after the end of the Term during which collection services were provided pursuant to this Agreement Contractor shall notify Csity Risk Manager and City Attorney before destroying copies of such policies This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement 1213 Self Insurance To the extent provided by law all or any part of any required insurance may be provided under a plan of selfinsurance approved by the State of California 32 1214 Reduction of CERCLA and Other Liability City and Contractor agree to meet annually in the fourth calendar quarter of each year to discuss ways to reduce potential CERCLA and other liabilities to third parties 1215 Performance Bonds Concurrent with the execution of this Agreement Contractor shall deposit with City a performance bond or an irrevocable letter of credit or other such document Performance Bond from an institution satisfactory to City in a form satisfactory to Csity Risk Manager and City Attorney evidencing an irrevocable commitment to City guaranteeing Csontractor faithful performance of the terms of this Agreement Such Performance Bond shall be maintained in effect throughout the period during which collection services are to be provided pursuant to this Agreement Upon Csontractor failure to pay the City an amount owing under this Agreement the Performance Bond may be assessed by the City for purposes including but not limited to a Failure of Contractor to pay the City sums due under the terms of the Agreement b Reimbursement of costs borne by the City to correct breaches not corrected by Contractor after due notice c Monetary remedies or damages assessed against Contractor due to breach of this Agreement or d To satisfy an order of the referee Contractor shall deposit a sum of money or a replacement instrument sufficient to restore the Performance Bond to the original amount within thirty days after notice from the City of any amount has been withdrawn from the Performance Bond All of Csity costs of collection and enforcement of the provisions relating to the Performance Bond called for by this section including Csity attorneys fees and costs shall be paid by Contractor 22 Emergency Service 212 Csontractor Inability to Provide Service Should Contractor for any reason whatsoever except the occurrence or existence of any of the events or conditions set forth in Force Majeure below refuse or be unable for a period of more than fortyeight 48 hours to collect a material portion or all of the Solid Waste which it is obligated under this Agreement to collect and as a result Solid Waste should accumulate in City to such an extent in such a manner or for such a time that the City Manager in the exercise of the City Managers sole discretion should find that such accumulation results in any imminent and substantial threat to the public health safety or welfare then City shall have the right to contract with another solid waste enterprise to collect and transport any or all Solid Waste which Contractor is obligated to collect and transport pursuant to this Agreement City shall provide twentyfour 24 hours prior written notice to Contractor during the period of such emergency before contracting with another solid waste enterprise to collect and transport any or all Solid Waste which 33 Contractor would otherwise collect and transport pursuant to this Agreement for the duration of period during which Contractor is unable to provide such services In such event Contractor shall identify sources from which such substitute Solid Waste services are immediately available and shall reimburse City for all of its expenses for such substitute services during the period in which Contractor is unable to provide collection and transportation services required by this Agreement 222 Assistance in Case of Disaster Contractor shall assist City in the event of terrorist attack or major disaster such as an earthquake storm riot or civil disturbance by providing collection vehicles and drivers normally assigned to the City at Csontractor actual costs Contractor shall cooperate with City county state and federal officials in filing information related to a regional state or federally declared state of emergency or disaster or terrorist attack as to which Contractor has provided equipment and drivers pursuant to this Agreement 23 Administrative Remedies Imposition of Damages Termination 213 Notice of Deficiencies Response If the Director of Public Works or other individual designated by the City Manager to perform the duties of the Director under this Section 23 determines that Csontractor performance pursuant to this Agreement may not be in conformity with the provisions of this Agreement the California Integrated Waste Management Act including but not limited to requirements for diversion source reduction and recycling as to the waste stream subject to this Agreement or any other applicable federal state or local law or regulation including but not limited to the laws governing transfer storage or disposal of solid and Hazardous Waste the Director may advise Contractor in writing of such suspected deficiencies specifying the deficiency in reasonable detail The Director shall set a reasonable time within which Contractor is to respond Unless the circumstances necessitate correction and response within a shorter period of time Contractor shall correct any deficiencies it agrees have occurred and in any event shall respond to the written notification of deficiencies within thirty days from the receipt by Contractor of such written notice Contractor may request additional time to correct deficiencies City shall approve reasonable requests for additional time 223 Review by Public Works Director Notice of Appeal The Public Works Director shall review any written response from Contractor and decide the matter If the Public Works Dsirector decision is adverse to Contractor the Public Works Director may order remedial actions to cure any deficiencies assess the Performance Bond or invoke any other remedy in accordance with this Agreement and in the event the Public Works Director determines that there has been a material breach and that termination is the appropriate remedy terminate the Agreement The Public Works Director shall promptly inform Contractor of the Public Works Dsirector decision In the event the decision is adverse to Contractor the Public Works Director shall inform Contractor in writing of the specific facts found and evidence relied on and the legal basis in provisions of the Agreement or other laws for the Public Works Dsirector decision and any remedial action taken or ordered An adverse decision by the City Representative shall be final and conclusive unless Contractor files a Notice of 34 Appeal with the City Clerk with copies to the City Manager and City Attorney within 30 days of receipt of the notification of the adverse decision by the Public Works Director In any Notice of Appeal Contractor shall state its factual contentions and include all relevant affidavits documents photographs and videotapes which Contractor desires to have considered by City In addition Contractor shall include all of its legal contentions citing provisions of the Agreement or other laws to support its contentions 233 Review by City Manager Appeal 1 Within thirty days of receipt by the City Clerk of a Notice of Appeal the City Manager shall decide the matter If the City Msanager decision is adverse to Contractor the City Manager may order remedial actions to cure any deficiencies assess the Performance Bond or invoke any other remedy in accordance with this Agreement and in the event the City Manager determines that there has been a material breach and that termination is the appropriate remedy terminate the Agreement In addition to the foregoing actions the City Manager may refer the matter to the City Council for proceedings as described below The City Manager shall promptly inform Contractor of the City Managers decision In the event the City Msanager decision is adverse to Contractor the City Manager shall inform Contractor in writing of the specific facts found and evidence relied on and the legal basis in provisions of the Agreement or other laws for the City Managers decision and any remedial action taken or ordered 2 An adverse decision by the City Manager shall be final and conclusive unless Contractor files a Notice of Appeal to the City Council with the City Clerk and serves a copy by mail on the City Manager and the City Attorney within 10 calendar days of receipt of the decision of the City Manager A Notice of Appeal to the City Council shall state the factual basis the evidence relied on and all legal contentions that Contractor may choose to submit No new evidence not previously submitted may be submitted 243 City Council Hearing If a matter is referred by the City Manager to the City Council or an adverse decision of the City Manager is appealed to the City Council by Contractor the City Council will set the matter for an administrative hearing and act on the matter The City Clerk shall give Contractor fourteen 14 days written notice of the time and place of the administrative hearing At the hearing the City Council shall consider the administrative record consisting of the following a A Staff Report by the City Manager summarizing the proceedings to date and outlining the City Csouncil options b The Public Works Dsirector written Notification of Deficiencies c Csontractor response to the Notification of Deficiencies 35 d The Public Works Dsirector written notification to Contractor of adverse decision e Csontractor Notice of Appeal to the City Manager f The City Msanager written notification to Contractor of adverse decision andg Csontractor Notice of Appeal to the City Council No new legal issues may be raised nor may new evidence be submitted by Contractor at this or at any further point in the proceedings absent a showing of good cause Csontractor representatives and other interested persons shall have a reasonable opportunity to be heard 253 City Council Determination Based on the administrative record the Council shall determine by resolution whether the decision or order of the City Manager should be upheld If based upon the administrative record the City Council determines that Contractor is in breach of any term of this Agreement or any provision of any applicable federal state or local statute or regulation the City Council in the exercise of its discretion may order Contractor to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement The City Council may not terminate the Agreement unless it determines that Contractor is in material breach of a material term of this Agreement or any material provision of any applicable federal state or local statute or regulation Csontractor performance under the Agreement is not excused during the period of time prior to a final determination as to whether or not Csontractor performance is in material breach of this Agreement or the time set by City for Contractor to discontinue a portion or all of its services pursuant to this Agreement The decision or order of the City Council shall be final 263 Reservation of Rights by City City further reserves the right to terminate this Agreement in the event of any material breach of this Agreement including but not limited to any of the following If Contractor practices or attempts to practice any fraud or deceit upon the City or practiced any fraud or deceit or made any intentional misrepresentations in the negotiations which preceded the execution of this Agreement provided that City has provided Contractor with written notice of the alleged fraud or deceit and afforded Contractor a reasonable opportunity to refute and defend itself against such charge or claim If Contractor is convicted of or pleads guilty no contest or nolo contendere to a felony related to this Agreement As used in this Section the term Contractor shall mean only the following a the owners of Contractor whether shareholders partners or otherwise b the members of Csontractor Board of Directors and c Contractors President Chief Executive Officer Chief Financial Officer Chief Operations Officer andor Secretary 36 273 Cumulative Rights Csity rights of termination are in addition to any other rights of City upon a failure of Contractor to perform its obligations under this Agreement 24 Csity Additional Remedies In addition to the remedies set forth above City shall have the following rights 214 Contracts with Others The right to contract with others to perform the services otherwise to be performed by Contractor in the event Contractor should be in material breach of its duties to provide those services or is otherwise unable to provide the services addressed by this Agreement 224 Damages andor Injunctive Relief Both parties recognize and agree that in the event of a breach under the terms of this Agreement by one Parry the other Party may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach 234 Csity Damages for Failure to Achieve Diversion Goals Contractor agrees that its failure to achieve the diversion goals set forth in this Agreement arising from failure to make reasonable efforts to maximize diversion in accordance with the terms and conditions of this Agreement related to waste diversion shall be a material breach of this Agreement If CalRecycle or its successor agency were to impose administrative civil penalties against City then the Csity damages for Csontractor material breach in its failure to achieve the diversion goals for the City as required by this Agreement shall include but not be limited to such administrative civil penalties attorneys costs and fees and Csity staff time devoted to the resolution of the administrative civil penalties against City 244 Liquidated Damages The Parties further acknowledge that consistent and reliable collection service is of utmost importance to City and that City has considered and relied on Csontractor representations as to its quality of service commitment in awarding the Agreement to it The Parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance The Parties further recognize that if Contractor fails to achieve the performance standards or fails to submit required documents in a timely manner City and Csity residents and businesses will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages Therefore in addition to Csity right to treat such non performance as a breach of this Agreement the Parties agree that any violation of the terms and conditions of this Agreement shall be corrected within the time frame asset forth by the City in its sole discretion in the Csity written Notice of Deficiency For each and every violation noted in the Notice of Deficiency that is not corrected within the time frame set forth in the Notice of Deficiency Contractor shall pay to the City the sum of 250 per calendar day Execution of this Agreement shall constitute agreement by the Contractor and City that 250 per calendar day is the minimum value of the cost and actual damage caused by the failure of the Contractor to 37 comply with any term or condition of this Agreement that such sum is liquidated damages and shall not be construed as a penalty and that sum shall be remitted to the City within thirty 30 days of the Csity delivery of a Notice of Uncorrected Deficiency In placing their initials at the places provided each party specifically confirms the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made Contractor City 25 Franchise Transfer City Consent Fees 215 No transfer without City Consent Contractor may not convey assign sublet license hypothecate encumber of otherwise transfer or dispose of collectively Transfer this Agreement the Franchise granted under it or any rights or duties under it in whole or in part whether voluntarily or involuntarily without the Csity prior written consent as expressed by written resolution of the City Council Any dissolution merger consolidation or other reorganization of Contractor except as provided in Section 235 below any sale or other transfer or change in ownership or control of any of the capital stock or other capital or equity interests or any sale or transfer of fifty percent 50 or more of the value of the assets shall be deemed a Transfer of this Agreement the Franchise granted under it or any rights or duties under it Any Transfer or attempted Transfer of this Agreement the Franchise granted under it or any rights or duties under it made without the Csity consent will be a material breach of this Agreement and at the Csity option may be voided 225 Consent not Unreasonably Withheld The City will not unreasonably withhold its consent to a Transfer of the Franchise granted by this Agreement The prospective transferee shall have the burden of demonstrating that it has the financial and technical ability to provide the services required under this Agreement The City may also require the prospective transferee to demonstrate that it and its officers and managers do not have criminal records for environmental or public integrity offenses If the City gives its consent it may impose conditions including without limitation requiring acceptance of amendments to this Agreement Without obligating the City to give its consent the proposed transferee must demonstrate to the Csity satisfaction that it has the operational and financial ability to perform the terms of this Agreement 235 Internal Reorganization Csontractor internal reorganization shall not constitute a Transfer provided that Csity consent to the reorganization is sought and received prior to any internal reorganization An internal reorganization includes any change in control of any of the voting stock through its conveyance to an affiliate of Contractor or by operation of law Any request for an internal reorganization must be submitted in writing to the City Manager no less than one hundred and twenty days prior to the proposed effective date of the internal reorganization Contractor shall reimburse City for all of its costs to review the request and to determine if it is an internal reorganization Csity expenses may include but are not limited to Staff City Asttorney and Special Csounsel fees and costs and Accountants fees and costs Determination by the City Manager shall be final Any attempt to implement an internal reorganization without the consent of City shall constitute a material breach of this Agreement 245 Deposit for Costs of Review Any application for a Franchise Transfer shall be made in a manner prescribed by the City Manager The application shall include a deposit of01050to cover the estimated cost of all direct and indirect expenses including City staff consultants and attorneys fees incurred by City to adequately analyze the application and the qualifications of the prospective transferee Any costs incurred by the City in excess of01050 shall be reimbursed by Contractor prior to submission of the proposed Transfer to the City Council In the event that the Csity costs are less than 01050 City shall refund remaining deposit to Contractor Upon approval of Transfer the transferee shall pay to City a Transfer fee in the amount of01050 26 General Provisions 216 Force Majeure Contractor shall not be in breach of this Agreement Agreement if the collection transportation andor disposal services of Contractor are interrupted temporarily or permanently for any of the following reasons riots war or national emergency declared by the President or Congress and affecting the City acts of terrorists sabotage civil disturbance insurrection explosion natural disasters such as floods earthquakes landslides and fires or other catastrophic events which are beyond the reasonable control of Contractor Other catastrophic events does not include the financial inability of Contractor to perform or failure of Contractor to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public agency where such failure occurs despite the exercise of reasonable diligence by Contractor In the event a labor disturbance interrupts collection and transportation of Solid Waste andor disposal of Solid Waste by Contractor as required under this Agreement City may elect to exercise its rights under Section and Section of this Agreement Failure by City to exercise its rights under this Section shall t be deemed a waiver of its rights 226 Extraordinary Circumstances Not withstanding any other term of provision hereof nothing in this Agreement is intended nor shall it be interpreted to prevent or preclude Contractor from contacting Csity officials officers and representatives to request an amendment to or other modification of this Agreement due to the occurrence of an event or circumstance that substantially increases Csontractor cost of service or otherwise substantially and negatively impacts Csontractor provision of services under this Agreement 236 Pavement Damage Contractor shall be responsible for any extraordinary damage to Csity driving surfaces whether or not paved resulting from the weight of vehicles providing refuse collection services when it can be demonstrated that such damage is caused by vehicles exceeding the legal maximum weight limits of the State of California or the willful or negligent operation of the vehicle by Csontractor employees Disputes between Contractor and its service recipients as to damage to 39 private pavement are civil matters and complaints of damage will be referred to Contractor as matters within its sole responsibility and as a matter within the scope of this Agreement 246 Property Damage Any physical damage caused by the negligent or willful acts or omissions of employees of Contractor to City or private property shall be repaired or replaced by Contractor at Csontractor sole eTxphenisse Agreement does not purport to relieve diminish reduce create or increase in any way Contractors civil liability to any third parties 256 Law to Govern Venue The law of the State of California shall govern this Agreement without regard to any otherwise governing principles of conflicts or choice of laws In the event of litigation between the parties venue in state trial courts shall lie exclusively in the County of Los Angeles In the event of litigation in aUS District Court exclusive venue shall lie in the Central District of California 266 Fees and Gratuities Contractor shall not permit any officer agent or employee to request solicit or demand either directly or indirectly any gratuity for the collection of Solid Waste Recyclable Materials or Organic Waste otherwise required to be collected under this Agreement 276 Amendments Except as otherwise provided in this Agreement no other amendment of this Agreement shall be valid unless in writing duly executed by the parties approved by the City Council by written resolution Purported oral amendments shall be void and of no force or effect 286 Notices All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by telecopy or United States certified mail postage prepaid return receipt requested and by email addressed as follows To City City Manager City of Rosemead 8838 E Valley Blvd Rosemead California 91770 And by email to Copy to Director of Public Works City of Rosemead 8838 E Valley Blvd Rosemead California 91770 And by email to And to City Attorney City of Rosemead Burke Williams Sorensen LLP I 444 South Flower Street Suite 2400 Los Angeles CA 90071 2953 And by email to rrichman@cbowsmlaw And to CONTRACTOR And by email to com or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section Notice shall be deemed effective on the date personally served or sent by email or telecopier or if mailed three 3 business days from the date such notice is deposited in the United States mail 296 Savings Clause and Entirety If any non material provision of this Agreement for any reason shall be held to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement 1206 Transition to Next Solid Waste Enterprise If in the final 12 months of the period during which Contractor is to provide collection services under this Agreement Contractor and City have not entered into a succeeding agreement Contractor shall cooperate fully with City and all prospective subsequent Solid Waste esnterprise fsranchisee lsicensee psermittee or other persons seeking to provide services similar to the services so as to assure an efficient orderly timely and effective transition In that regard Contractor agrees to make available to City and to prospective proposers in any competitive process used by the City to select a successor route maps customer lists and all other records requested by City 1216 Incorporation by Reference Csontractor Proposal dated and the Exhibits are incorporated into this Agreement by this reference Where Csontractor Proposal conflicts with this Agreement this Agreement shall prevail 41 Table of Exhibits Exhibit A Multifamily and Commercial Recycling Program Exhibit B Commercial Food Waste Program Exhibit C City Service Locations Exhibit D Recovery and Disposal Sites Exhibit E Corporate Good Citizenship Exhibit F Maximum Permitted Customer Rates Exhibit G Residential Services Exhibit H Commercial and Multi Family Services Exhibit I Equipment 42