HomeMy WebLinkAboutC-3513 - Agreement for Residential Solid Waste Collection and Recycling Services in Newport CoastAGREEMENT WITH
CR&R INCORPORATED
FOR RESIDENTIAL SOLID WASTE COLLECTION AND RECYCLING SERVICES
IN NEWPORT COAST
THIS AGREEMENT is made and entered into as of this 14th day of August, 2007, by
and between the CITY OF NEWPORT BEACH, a charter City and municipal
corporation ("City"), and CR&R Incorporated, a California corporation whose address is
11292 Western Avenue, Stanton, California 90680, ("Hauler"), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. On January 1, 2002, City annexed the area referred to as Newport Coast which
is depicted on Exhibit A ("Newport Coast").
C. City is planning to hire a waste hauler to provide fully automated curbside refuse
collection services for single-family residential properties in Newport Coast
("Project") which will be paid for by the City.
D. The principal member[s] of Hauler for purposes of Project shall be Dean A.
Ruff ridge, Senior Vice President.
E. City has solicited and received a proposal from Hauler and desires to retain
Hauler to render residential waste hauling services under the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 1St of October 2017, unless terminated earlier as set forth herein.
The term of this Agreement shall automatically be extended for five (5) additional
one (1) year terms (automatic extensions) with the extensions to automatically
commence upon the expiration of the initial term or any extended term, unless the
City notifies Hauler or Hauler notifies City in writing at least one hundred and eighty
(180) days before the end of the initial term or any extended term, of its intent to
terminate this Agreement at the conclusion of the initial term or any extension. For
purpose of this Agreement the term ("Effective Date") shall refer to October 1, 2007,
which is the date that waste collection services are to begin under this Agreement.
2. SERVICES TO BE PERFORMED
Hauler shall diligently perform all the services described herein and in the Scope
of Services attached hereto as Exhibit B and incorporated herein by reference
("Contract Services"). The City may elect to delete certain tasks of the Scope of
Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Hauler shall perform the services in accordance with the schedule included in
Exhibit B. The failure by Hauler to strictly adhere to the schedule may result in
termination of this Agreement by City.
4. COMPENSATION TO HAULER
A. From the Effective Date, City shall pay Hauler for the Contract Services in
accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit C and incorporated herein by reference.
Annually, upon the anniversary date of the Effective Date, the billing rates
set forth on the Schedule of Billing Rates shall be adjusted in proportion to
changes in the Consumer Price Index, subject to a three percent (3%)
maximum increase per year. Such adjustment shall be made by
multiplying the billing rates then in effect by a fraction, the numerator of
which is the value of the Consumer Price Index for the calendar month
three (3) months preceding the calendar month for which such adjustment
is to be made and the denominator of which is the value of the Consumer
Price Index for the same calendar month immediately one (1) year prior.
For example, if the adjustment is to occur effective July 1, 2008, the index
to be used for the numerator is the index for the month of April 2008 and
the index to be used for the denominator is the index for April 2007. The
"Consumer Price Index" to be used in such calculation is the Consumer
Price Index, All Urban Consumers (All Items), for the Los Angeles
Anaheim Riverside Metropolitan Area, published by the United States
Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both
an official index and one or more unofficial indices are published, the
official index shall be used. If said Consumer Price Index is no longer
published at the adjustment date, it shall be constructed by conversion
tables included in such new index. The parties hereto expressly agree
that the maximum yearly increase shall not exceed three percent (3%).
Except as expressly provided herein or in Exhibit C, the Hauler shall be
responsible for all other costs and expenses related to Hauler's
performance of this Agreement including, but not limited to, the cost of
providing additional containers and fees imposed for disposal regardless
of increases in landfill disposal and recycling facility costs.
Notwithstanding the foregoing, in the event the Orange County Landfill
increases disposal fees and/or Hauler is required by the City to divert more
than forty percent (40%) of the solid waste collected by Hauler from landfills
by City, the Hauler may apply to the City for an increase in the disposal
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portion of the basic service fee rate, described in Exhibit C, charged to the
City. The Hauler shall supply the City with any and all information and
documentation requested by the City that the City determines is necessary
to analyze the request including, but not limited to, performing an audit and
reviewing/verifying Hauler's landfill records and tonnage reports. Hauler and
City agree that the decision to increase the disposal portion of the basic
service fee rate, described in Exhibit C, charged the City shall be within the
sole discretion of the City and the City shall not be obligated to increase the
amount charged the City.
B. Hauler shall submit invoices for Contract Services provided to City on a
monthly basis and all invoices submitted to the City shall be accompanied
by a monthly report indicating in detail all Contract Services performed.
City shall pay invoices within thirty (30) days after receipt by the City.
Payment shall be deemed made when deposited in the United States
mail, first class postage pre -paid, and addressed to Hauler as specified in
Section entitled "Notices."
5. INCREASE OR DECREASE IN SCOPE OF SERVICES
Hauler shall perform fully automated refuse collection services as requested by
the Project Administrator, as described herein and as noted on Exhibit B. The
Administrator may give written authorization for additional services up to one
thousand dollars ($1,000) per month.
6. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, the value of any extra work done, or any work omitted, or any extra
work which Hauler may be required to do, or respecting any payment to Hauler
during the performance of the Agreement, such dispute shall be decided by the
Project Administrator with any appeal to the City Manager. The City Manger's
decision shall be final.
7. REIMBURSEMENT FOR EXPENSES
Except as provided in this Agreement and Exhibit C, Hauler shall not be
reimbursed for any disposal fees or other costs and expenses unless prior written
authorization is obtained from the Project Administrator.
8. LABOR AND PERFORMANCE BONDS
Hauler shall furnish, concurrently with the Effective Date of this Agreement, a
bond or other instrument satisfactory to the Project Administrator in an amount
equal to one hundred percent (100°/x) of six months of the contract price/amount
to be paid under this Agreement in any one year as security for the faithful
performance of this Agreement. The Labor and Performance Bond shall remain
in effect throughout the term of this Agreement.
9. DISPOSAL OF SOLID WASTE
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A. Except as expressly provided in this Section, Hauler shall comply with all
recycling and diversion requirements imposed by law, ordinance, or
regulation on the City and/or Hauler. On a quarterly basis, Hauler shall
divert forty percent (40%) of all solid waste collected by Hauler from
landfills. In no event shall Hauler deposit sixty percent (60%) or more of
the solid waste collected pursuant to this Agreement at any landfill during
any calendar quarter. In the event new or additional diversion
requirements are imposed by law, ordinance or regulation on City and/or
Hauler, the City shall have the right to require Hauler to divert additional
solid waste from landfills by providing Hauler with ten (10) days written
notice of the new diversion requirements. On or before the 30th day of
the month following the end of the previous calendar month, Hauler shall
provide all documents and information designated by the General
Services Director to prove that Hauler has complied with this subsection,
any applicable law, ordinance, regulation, or condition related to recycling
and diversion of solid waste.
B. Hauler shall dispose of solid waste collected or transported by Hauler only
by taking such solid waste to a State certified/licensed landfill, State
certified/licensed transfer station, State certified/licensed recycling facility
or State certified/licensed materials recovery facility which is lawfully
authorized to accept that specific type of solid waste material. Hauler
shall not dispose of solid waste by depositing it on any land, (except a
permitted facility) whether public or private, or in any river, stream or other
waterway, or in any sanitary sewer or storm drainage system. Nothing in
this Agreement shall be deemed or construed as authorizing Hauler to
operate a landfill, recycling center, or other solid waste disposal facility.
C. All solid waste, in addition to recyclables, collected by Hauler shall
become the property of Hauler upon placement by the customer for
collection. If Hauler violates the terms in Section 9(A) and Section 9(B)
above, Hauler agrees that the City has the future right to direct that solid
waste be delivered to a permitted disposal facility designated by City.
This exercise of "flow control" by the City shall be made upon at least 30
days prior written notice to Hauler, and written notice shall include the
violation(s) prompting the City's action regarding "flow control." Failure to
comply with the recycling/diversion requirements and delivery/disposal of
materials to a certified/licensed facility shall be a material breach of this
Agreement.
D. Hauler shall implement a load check program that includes, at a
minimum, a visual check of all containers to be emptied to protect against
inclusion of hazardous waste and shall prepare a written record of all
hazardous waste discovered during the process. The records shall
comply with all State and Federal Hazardous Waste Regulations, shall be
maintained for the length of the term of the Agreement, and shall be
provided to the City on or before the 15th day of the month following the
end of the previous calendar month.
10. REPORTS
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A. Hauler shall submit to City monthly reports setting forth any complaints
(e.g. written or oral comments received by Hauler expressing
dissatisfaction with Hauler or any services provided by Hauler that relate in
any manner to this Agreement); the total amount (in tons) of solid waste
which Hauler collected in the City of Newport Beach during the reportable
month; the total weight (in tons) of solid waste disposed of by Hauler at
landfills and transfer stations which Hauler collected in the City of
Newport Beach during the reportable month; the total weight and the
weight by material category (in tons) of solid waste disposed of by Hauler
at recycling and materials recovery facilities during the reportable month
which Hauler collected in the City of Newport Beach; the name and
location of all solid waste and recycling facilities where City of Newport
Beach materials were delivered; and such other tonnage or other
information as requested by the General Services Director including, but
not limited to, weigh tickets and recycling records. Such monthly reports
shall be prepared on such form as required by the General Services
Director. In addition, on a quarterly basis, the Hauler shall submit to the
City any equipment, terminal safety, employee safety and inspection
reports, citations, records and other documents for all Hauler's operations
and activities that relate in any way to this Agreement including, but not
limited to, periodic California Highway Patrol biennial terminal inspection
reports; vehicle citations; California Highway Patrol Incident reports;
citations issued to drivers/operators; other citations issued to the Hauler
or its employees; California Occupational Safety and Health
Administration 300 reports; and Lead Environmental Agency
inspection/compliance reports. Each quarterly report and accompanying
reports/citations shall be submitted on or before the 15th day of the month
following the end of the quarter (i.e. report due January 15 for first quarter
after the Effective Date) and submitted to:
General Services Director
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
B. Hauler 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 Hauler landfilled, recycled and
collected should accurately reflect a forty (40%) 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 Agreement.
11. VEHICLES, EQUIPMENT AND SERVICES
A. Any and all containers provided to customers of Hauler for storage,
collection or transportation of solid wastes shall meet the requirements
designated by the General Services 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
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General Services Director shall have the right to approve the color of
containers, manufacturer of containers, and lettering and decals used on
containers. Hauler shall repair or replace any container which is
damaged, broken, lost or stolen with a container approved by the General
Services Director at no cost to the City.
B. All containers and all vehicles used by Hauler in the performance of solid
waste handling services shall be marked with Hauler's 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 General
Services Director.
C. Equipment.
1. The vehicles used pursuant to this Agreement shall have the name
of the Hauler, the Hauler's 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.
2. The Hauler 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. Vehicles used for collection services must be fully
automated side -loading refuse trucks, using a fully mechanized arm to
pick up and dump automated waste collection containers. Drivers should
not exit the vehicle to assist with securing the containers to, or lifting the
containers into, the refuse collection truck. Hauler shall, at all times,
provide such number of vehicles and such equipment as will be adequate
for the collection, transportation and disposal services which it is
authorized to provide under this Agreement. All vehicles utilized by Hauler
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, Hauler
shall provide records from all of the terminal(s) responsible for the
maintenance and repair of equipment used in the City. All vehicles and
equipment used by Hauler in the performance of this Agreement shall be
subject to inspection by the City upon twenty-four (24) hours notice by the
General Services Director. All vehicles shall be properly maintained, kept
clean and in good repair, and shall be uniformly painted. All drivers
employed by Hauler 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.
3. Each vehicle shall be so constructed and used in a manner so that
no rubbish, garbage, debris, oil, grease or other material will blow, fall, or
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leak out of the vehicle. All solid waste shall be transported by means of
vehicles which are covered in such a manner as to securely contain all
solid waste and to prevent such solid waste from projecting, blowing,
falling or leaking out of the vehicles. Any solid waste dropped or spilled in
collection, transfer or transportation shall be immediately cleaned up by
Hauler. A broom and a shovel shall be carried at all times on each vehicle
for this purpose. Should a hydraulic or other type of material spill occur as
a result of collection services, Hauler shall notify the City within 1 hour.
Hauler shall not transfer loads from one 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. A communications device such as a two-way
radio or a cellular telephone shall also be maintained on each vehicle at all
times.
4. Hauler shall not store any vehicle or equipment on any public
street, public right-of-way or other public property in the City of Newport
Beach without obtaining a Temporary Street Closure Permit from the
Public Works Department and prior written consent of the General
Services Director.
5. Should the General Services Director at any time give written
notification to Hauler that any vehicle does not comply with the standards
hereunder, the vehicle shall be promptly removed from service by Hauler
and not used again until inspected and authorized in writing by the General
Services Director.
6. All vehicles used in performance of this Agreement shall be
maintained and operated in conformance with all applicable laws, statutes,
rules and regulations. In performance of this Agreement, the issuance of
four (4) or more vehicle, driver/operator or other citations that relate in any
way to this Agreement within a 12 month period shall be deemed to be
breach of this Agreement.
D. Quarterly reports setting forth information regarding Hauler's vehicles and
equipment shall be prepared on such form as required by the General
Services Director. Each quarterly report shall be submitted on or before the
15th day of the month following the end of the previous calendar quarter.
E. Litter Abatement: Hauler shall use due care to prevent any waste material
collected pursuant to this Agreement from being spilled or scattered during
the collection or transportation process. If any waste material is spilled,
hauler shall promptly clean up all spilled materials whether on private or
public property. Hauler shall clean up existing litter in the immediate vicinity
of any collection container (including the areas on private and public
property where collection containers are delivered for collection) whether or
not Hauler has caused the litter.
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12. ADMINISTRATION
This Agreement will be administered by the General Services Department.
The General Services Director, or his designee, shall be the Project
Administrator and shall have the authority to act for City under this Agreement.
The Project Administrator or his/her authorized representative shall represent
City in all matters pertaining to the services to be rendered pursuant to this
Agreement.
13. CITY'S RESPONSIBILITIES
To assist Hauler in the execution of its responsibilities under this Agreement, City
agrees to, where applicable, provide access to and upon request of Hauler, one
copy of all existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Hauler's work
schedule.
14. STANDARD OF CARE, WORKMANSHIP, SUPERVISION
A. The Hauler shall provide a work force sufficient to perform the Contract
Services and all members of the work force shall be hired in compliance
with State and Federal law.
B. All Contract Services shall be performed by competent and trained
employees. Hauler represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and trained personnel who are not employed by City, nor have
any contractual relationship with City. Hauler hereby certifies that all work
performed under this Agreement will conform to the requirements of this
Agreement and all applicable federal, state and local laws and the
professional standard of care.
C. The work force shall include thoroughly skilled, experienced, and
competent supervisors who shall be responsible for adherence to the
terms of this Agreement by directly overseeing the Contract Services
operations. All supervisory personnel must be able to communicate
effectively in English (both orally and in writing). An order given to
supervisory personnel shall be deemed delivered to the Hauler. Hauler
shall provide City with a designated supervisors name(s) and shall notify
the City of the name of any successor within ten (10) days of change in
supervision.
D. All Hauler personnel working in Newport Coast shall be neat in
appearance and in uniform.
E. Hauler represents and warrants to City that it has, shall obtain, and shall
keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Hauler to practice its
profession. Hauler shall maintain a City of Newport Beach business
license during the term of this Agreement.
F. Whenever Hauler has knowledge that any actual or potential labor dispute
is delaying or threatens to delay the timely performance of this Agreement,
Hauler shall immediately give notice to the City and any and all relevant
information. In the event of a labor dispute which delays or impacts the
performance of Contract Services, the City reserves the right to use its
own forces or to contract with other haulers to perform the Contract
Services. The City and Hauler agree that it will be deemed a breach of
this Agreement if Hauler cannot provide full Contract Services seven (7)
days after services have been impacted or delayed as a result of a labor
dispute.
G. Hauler shall attend meetings, special events and public meetings as
requested by the City. Hauler shall provide all necessary and appropriate
personnel to attend each meeting and any requested promotional material
so that the topics on the agenda can be addressed fully and completely.
15. CUSTOMER PRIVACY
Hauler shall strictly observe and protect the rights of privacy of customers.
Information identifying the contents and composition of a customer's containers
shall not be revealed to any person, governmental unit, agency or company,
unless authorized by the customer or by order of a court of law, or by statute.
This provision shall not be construed to prohibit Hauler from preparing,
participating in, or assisting in the preparation of solid waste characterization
studies, waste stream analyses that may be required by any law or regulation, in
preparing or assisting in the preparation of any reports/audits required pursuant
to this Agreement, or providing any information required to be provided to City by
other provisions of this Agreement or that is necessary for City to comply with
any law or regulation. Hauler shall not market or distribute customer mailing lists
to any party except the City.
16. CUSTOMER SERVICE SURVEYS
The Hauler shall conduct customer service studies to help the City evaluate
performance. Prior to the Effective Date, the City shall provide a list of questions
that shall be used in the customer service survey. At the Hauler's expense, the
Hauler will prepare and mail a survey form/card to each Newport Coast
residence serviced by Hauler pursuant to this Agreement. All survey forms and
cards will be mailed directly from the resident to the City at the Hauler's expense,
via business reply mail. The City shall share the results of the survey with the
Hauler. Upon receipt of the results from the initial survey, City and Hauler will
meet and mutually determine the future service levels to be incorporated into the
contract as a contract condition and enforced under the provisions of this
agreement. The customer service survey shall be repeated at the completion of
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6 (six) months from the Effective Date, and every year thereafter to determine
whether the Hauler is meeting the agreed contract performance requirements.,
17. INDEPENDENT CONTRACTOR
It is understood that City retains Hauler on an independent contractor basis and
Hauler is not an agent or employee of City. The manner and means of conducting
the work are under the control of Hauler, except to the extent they are limited by
statute, rule or regulation and the express terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Hauler or any of Hauler's
employees or agents, to be the agents or employees of City. Hauler shall have the
responsibility for and control over the means of performing the work, provided that
Hauler is in compliance with the terms of this Agreement.
18. COOPERATION
Hauler agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the
work to be performed. City agrees to cooperate with the Hauler on the Project.
19. CITY POLICY
Hauler shall discuss and review all matters relating to policy and Project direction
with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and
policies.
20. HAZARDOUS WASTE
A. General. Hauler shall be aware of, and comply with, all laws and
regulations relating to the handling and transportation of Hazardous
Substances, as defined in Section 22, including those requiring training
and documentation. If Hauler observes any substances which it believes
to contain a Hazardous Substance within the City, including but not
limited to in containers designed for waste Hauler shall not collect such
Hazardous Substance but shall immediately notify the appropriate regulatory
agencies and the City.
B. Notice to Customers. Hauler shall notify all Customers at least once a
year in writing by mail of: (i) the prohibition against the Disposal of
Hazardous Substance in authorized containers and (ii) the obligation of
each customer to provide for the proper handling and disposition of
Hazardous Substance. To the extent that Hauler has actual knowledge of
the existence of such Hazardous Substance in a container placed for
collection, Hauler shall not collect such container. Hauler shall, prior to
leaving the location where such Hazardous Substance has been
observed, leave a tag at least 2" x 6" which informs the customer why the
collection was not made and lists the telephone number for the Orange
County Department of Environmental Management.
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C. Hauler to Segregate and Dispose. In the event Hauler inadvertently
collects any Hazardous Substance and during the course of
transportation and disposition becomes aware that it has collected such
Hazardous Substance, Hauler shall segregate Hazardous Substance, and
shall arrange for its transport and Disposal to a properly permitted
Recycling, treatment or disposal facility of Hauler's choosing at Hauler's
sole expense. Hauler shall be solely responsible for the transport and
disposition of all Hazardous Substance that is collected by the Hauler.
Hauler will cooperate with City attempts to locate and collect the costs of
such transport and disposition from the responsible customer.
D. Operating Procedures and Employee Training. Hauler shall establish,
implement and maintain written operating procedures designed to ensure
Hauler's utilization of techniques generally accepted in the waste hauling
industry for cities of the size and nature of the City of Newport Beach, to
handle and dispose of Hazardous Substance and its compliance with the
provisions of this Section. Hauler shall establish, implement and maintain
an employee training program and shall ensure that employees
responsible for the identification of Hazardous Substance are fully trained.
Hauler shall maintain documentation which describes the training
received by its employees.
21. INSURANCE REQUIREMENTS
Without limiting Hauler's indemnification of City, Hauler shall obtain, provide and
maintain at its own expense during the term of this Agreement, a policy or
policies of liability insurance of the type and amounts described below and in a
form satisfactory to City.
A. Certificates of Insurance. Hauler shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage
required herein. Insurance certificates must be approved by City's Risk
Manager prior to commencement of the Agreement. Current certification
of insurance shall be kept on file with City at all times during the term of
this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
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1. Workers' Compensation Coverage. Hauler shall maintain Workers'
Compensation Insurance and one million dollars ($1,000,000) Employer's
Liability Insurance for his or her employees in accordance with the laws of
the State of California. Any notice of cancellation or non -renewal of all
Workers' Compensation policies must be received by City at least thirty
(30) calendar days (10 calendar days written notice of non-payment of
premium) prior to such change. The insurer shall agree to waive all rights
of subrogation against City, its officers, agents, employees and volunteers
for losses arising from work performed by Hauler that relates in any way
to this Agreement.
2. General Liability Coverage. Hauler shall maintain commercial
general liability insurance in an amount not less than five million dollars
($5,000,000) per occurrence for bodily injury, personal injury, and
property damage, including without limitation, contractual liability. If
commercial general liability insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement, or the
general aggregate limit shall be at least twice the required occurrence
limit.
3. Automobile Liability Coverage. Hauler shall maintain automobile
insurance covering bodily injury and property damage for all activities of
the Hauler arising out of or in connection with work to be performed under
this Agreement, including coverage for any owned, hired, non -owned or
rented vehicles, in an amount not less than five million dollars
($5,000,000) combined single limit for each occurrence.
4. Pollution Liability Coverage. Hauler shall maintain Hauler's
environmental liability insurance with limits in an amount of not less than
One Million Dollars ($1,000,000) per occurrence and annual aggregate
covering claims for on-site, under -site, or off-site bodily injury and
property damage and regulatory fines as a result of pollution conditions
arising out of its operations under this Agreement.
E. Endorsements. Each general liability, automobile liability and pollution
liability insurance policy shall be endorsed with the following specific
language:
1. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of the
Hauler.
2. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents and
volunteers as respects to all claims, losses, or liability arising directly or
indirectly from the Hauler's operations or services provided to City. Any
insurance maintained by City, including any self-insured retention City
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may have, shall be considered excess insurance only and not contributory
with the insurance provided hereunder.
3. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to
the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed officers,
officials, employees, agents or volunteers.
6. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days (10 calendar days written notice of
non-payment of premium) written notice has been received by City.
F. Timely Notice of Claims. Hauler shall give City prompt and timely notice
of claim(s) made or suit instituted arising out of or resulting from Hauler's
performance under this Agreement.
G. Additional Insurance. Hauler shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
work.
22. RESPONSIBILITY FOR DAMAGES AND INJURY/INDEMNIFICATION
A. Hauler Responsibility. Hauler shall be responsible for any damages
caused as a result of Haulers acts or omissions including, but not limited
to injuries to or death of any person or damage to public and/or private
property and damages public improvements as a result of Haulers
placement and retrieval of the solid waste containers.
1. City shall refer complaints about damage to private property,
including common areas in common -area subdivisions, to Hauler. Hauler
shall promptly repair, or arrange for the repair of, all damage to private
property caused by its employees at Hauler's sole expense.
2. Hauler shall use commercially reasonable efforts to prevent
damage to all streets over which its collection equipment may be
operated, and Hauler shall obtain all required approvals for operation of
its Collection vehicles on private streets.
3. Hauler shall use commercially reasonable efforts to prevent spills of
fuel, fluids (such as oil, hydraulic fluid, brake fluid, etc.) on streets, and if
such a spill occurs, Hauler shall within 1 hour notify the City (including the
Director of General Services or his/her designee) and all proper
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regulatory authorities of said spill and release of fluids, and shall clean, at
Hauler's 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 Hauler 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, Hauler shall be responsible for securing the
immediate safety of the vehicle driver, all other employees of Hauler and
all persons and property in the surrounding vicinity.
B. General Indemnification. Hauler shall indemnify, hold harmless, and
defend City, and each of its past, present and future elected officials,
officers, employees, agents, consultants, volunteers, affiliates, assignees,
representatives, attorneys, subsidiaries, and affiliated entities and their
respective successors, heirs and assigns (collectively, "Indemnified
Parties") for, from and against any costs, expenses, damages, and
losses, including actual attorneys fees ("Losses") of any kind or character
to any person or property arising directly or indirectly from or caused by
any of the following: (i) any act or omission of Hauler or its respective
officers, directors, shareholder members, partners, employees, agents,
contractors, subcontractors, suppliers, representatives and affiliates
("Hauler Representatives"); (ii) Hauler's or Hauler Representative's
activities; (iii) any accident or casualty within or arising out of the
services/work performed under the Agreement; (iv) any violation or
alleged violation of any law, ordinance or statute now or hereafter enacted
arising out of services/work performed pursuant to the Agreement; (v) the
negligence or willful misconduct of Hauler or any of Hauler
Representatives in the performance of the services/work under the
Agreement; and (vi) any breach of the Agreement.
Hauler shall not be required to indemnify, hold harmless and defend the
Indemnified Parties from the sole negligence, active negligence or willful
misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or
to enforce the terms of this Agreement. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Hauler.
C. Hazardous Substances Indemnification. Hauler shall indemnify the
Indemnified Parties from and against all claims, actual damages
including, but not limited to, special and consequential damages, natural
resource damage, 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 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
14
suffered by, or asserted against, the Indemnified Parties or Hauler arising
directly or indirectly from or caused by any of the following: (i) the violation
of any Environmental Laws or the failure to clean up and mitigate the
consequences of the spill or release of any Hazardous Substance; and (ii)
Hauler's activities under this Agreement concerning any Hazardous
Substance at any place where Hauler stores or disposes of solid or
hazardous waste pursuant to this Agreement, or preceding Agreements
between City and Hauler. The foregoing indemnity is intended to operate
as an agreement pursuant to the Comprehensive Environmental
Response, Compensation and Liability Act 42. U.S.C. Section 9607(e)
and any amendments thereto; California Health and Safety Code Section
25364, to insure, protect, hold harmless, and indemnify City from liability.
As used herein, the term "Environmental Laws" shall mean "any and all
present and future federal, state or local laws (whether common law,
statute, rule, regulation or otherwise), permits, orders and any other
requirements of Governmental Authorities relating to the environment or
any "Hazardous Substance" or "Hazardous Substance Activity" (as
defined herein) (including, without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (42
U.S.C. §§ 9601 et seq.) as amended from time to time and the applicable
provisions of the California Health and Safety Code and California Water
Code).
As used herein, the term "Hazardous Substance" shall mean "any (a)
chemical, compound, material, mixture or substance that is now or
hereinafter defined or listed in, or otherwise classified pursuant to any
Environmental Law as a "hazardous substance", "hazardous material,"
"hazardous waste," "extremely hazardous waste," "infectious waste,"
"toxic waste," "toxic pollutant," or any other formulation intended to define,
list or classify substances by reason of deleterious properties or affect
and (b) petroleum, petroleum by-products, natural gas, natural gas
liquids, liquefied natural gas, synthetic gas usable for fuel (or mixtures of
natural gas in such synthetic gas), ash, municipal solid waste, steam,
drilling fluids, produced waters and other wastes associated with the
exploration, development and production of crude oil, natural gas or
geothermal resources."
D. AB939 Indemnification. Hauler agrees to meet the diversion
requirements set forth in Section 9A of this Agreement and all
requirements of City's Source Reduction and Recycling Element as to the
portion of the solid waste stream handled by Hauler. Hauler agrees to
protect, defend, indemnify, and hold City harmless against all fines or
penalties imposed by the California Integrated Waste Management
Board, or other entity, arising from the failure of Hauler to meet the
diversion requirements set forth in Section 9 A of this Agreement and the
Integrated Waste Management Act diversion requirements with respect to
the portion of the solid waste stream collected by Hauler.
15
E. Notice. City agrees to give notice to Hauler when the City receives a
claim for damages or other liability for which Hauler has provided
indemnification under this Section.
23. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: the sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Hauler, or of the
interest of any general partner or joint venturer or syndicate member or cotenant
if Hauler is a partnership or joint -venture or syndicate or cotenancy, which shall
result in changing the control of Hauler. Control means fifty percent (50%) or
more of the voting power, or twenty-five percent (25%) or more of the assets of
the corporation, partnership or joint -venture.
24. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Hauler.
Assignments of any or all rights, duties or obligations of the Hauler under this
Agreement will be permitted only with the express written consent of City. Hauler
shall not subcontract any portion of the work to be performed under this
Agreement without the prior written authorization of City.
25. CONFIDENTIALITY
All documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
26. INTELLECTUAL PROPERTY INDEMNITY
The Hauler shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement of any
United States' letters patent, trademark, or copyright infringement.
27. RECORDS
A. Hauler shall maintain a complete and accurate books and other business
records with respect to the costs incurred under this Agreement including
any labor and disposal costs incurred under this Agreement, any Contract
Services performed under this Agreement, and any expenditures and/or
disbursements charged to City, for a minimum period of three (3) years, or
for any longer period required by law, from the date of final payment to
Hauler under this Agreement. All such records shall be clearly identifiable.
All Hauler's books and other business records, or such part as may be used
in performance of this Agreement, shall be subject to inspection and audit by
authorized City representative during regular business hours upon two (2)
Mel
business days notice. Hauler shall allow inspection of all work, data, records,
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment to Hauler under this Agreement.
The Hauler shall be responsible for all audit and other costs and expenses
incurred that relates in any way to audits performed by the City to verify that
Hauler is in compliance with the terms and conditions of this Agreement
including, but not limited to, the auditing of facility recycling records,
diversion statistics, landfill rate increases, vehicle records, and safety
records.
B. No report, information or other data given to or prepared or assembled by
hauler pursuant to this Agreement may be made available to any individual
or organization without prior approval by City unless such disclosure is
required by law or court proceedings.
28. WITHHOLDINGS
City may withhold payment to Hauler of any disputed sums until satisfaction of
the dispute with respect to such payment provided that City notifies Hauler in
writing as soon as possible specifying the reason for such withholding. Such
withholding shall not be deemed to constitute a failure to pay according to the
terms of this Agreement. Hauler shall not discontinue work as a result of such
withholding. Hauler shall have an immediate right to appeal to the City Manager
or his/her designee with respect to such disputed sums. Hauler shall be entitled
to receive interest on any withheld sums at the rate of return that City earned on
its investments during the time period, from the date of withholding of any
amounts found to have been improperly withheld.
29. CITY'S RIGHT TO EMPLOY OTHER HAULERS
Hauler shall have an exclusive right to provide the Contract Services under this
Agreement. City reserves the right to employ other haulers in connection with
the Project if Hauler breaches any term or condition of this Agreement and the
contract is terminated per Section 33.
30. CONFLICTS OF INTEREST
The Hauler or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the
work performed under this Agreement, and (2) prohibits such persons from
making, or participating in making, decisions that will foreseeably financially
affect such interest.
If subject to the Act, Hauler shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of
this Agreement by City. Hauler shall indemnify and hold harmless City for any
and all claims for damages resulting from Hauler's violation of this Section.
17
31. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first-class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Hauler to
City shall be addressed to City at:
Attn: Mark Harmon
General Services Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949-644-3055 Fax: 949-650-0747
All notices, demands, requests or approvals from CITY to Hauler shall be
addressed to Hauler at:
Attention: Dean A. Ruffridge, Senior Vice President
CR&R Incorporated
11292 Western Avenue
Stanton, California 90680
Phone: (714) 826-9049 Fax: (714) 890-6347
32. LIQUIDATED DAMAGES
Failure of the Hauler to strictly comply with each and every term and condition of
this Agreement will result in damages being sustained by the City. Such
damages are, and will continue to be, impracticable and extremely difficult to
determine. Hauler and City agree that any violations of the terms and conditions
of this Agreement shall be corrected within the time frame set forth by the City, in
its sole discretion, in the City's 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, Hauler shall pay to the City, or have
withheld from moneys due it, the sum of $250 per calendar day. Execution of
the contract shall constitute agreement by the Hauler and City that $250 per
calendar day is the minimum value of the costs and actual damage caused by
failure of the Hauler to 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 such sum may be deducted from payments due the Hauler.
33. DEFAULT/TERMINATION
If either party fails or refuses to perform any of the provisions of this Agreement at
the time and in the manner required by the terms or conditions of this agreement„
or if no time is given within 10 days of written notice, that party shall be deemed in
default in the performance of this Agreement. If City in its sole discretion
determines that more than ten (10) calendar days are reasonably required to cure
IN
the default and Hauler fails to give adequate assurance of due performance within
ten (10) calendar days after receipt of written notice of default that specifies the
nature of the default and the steps necessary to cure the default, and thereafter
diligently take steps to cure the default, the City may terminate the Agreement
forthwith by giving Hauler written notice of the termination..
34. COMPLIANCE WITH ALL LAWS
Hauler shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted. Hauler shall
conform to all applicable provisions of State and Federal law including, applicable
provisions of the California Labor Code and the Federal Fair Labor Standards
Act. In addition, all work performed by Hauler shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
35. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
36. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
37. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and
the Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
38. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
39. AMENDMENTS
This Agreement may be modified or amended only by a written document executed
by both Hauler and City and approved as to form by the City Attorney.
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40. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
41. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated
in a court of competent jurisdiction in the County of Orange.
42. EQUAL OPPORTUNITY EMPLOYMENT
Hauler represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By: �
Aaron C. Harp, As istant City Attor y
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
12
MaWr Steven Rosan
for the City of Newpo ach
HAULE
No
Title: Psi.
Print Name: ZA`c (O
: I�
Title: G FT5
Print Name: jib C -IF � or -b
Attachments: Exhibit A — Newport Coast Map
Exhibit B - Scope of Services
Exhibit C — Schedule of Billing Rates
21
Exhibit B
Refuse Contract Services
1.) Within 10 calendar days of the execution of this Agreement, Hauler shall
develop a detailed Implementation Plan to be approved by the City which
shall set forth the steps Hauler will take, and the schedule on which Hauler
will take them, to prepare for commencement of collection operations as
provided in the Agreement. The Implementation Plan shall set forth
Hauler's schedule (shown on a week -by -week basis) for preparing
customer relations materials including, but not limited to, a written
notification of transition of services mailer which is to be mailed by Hauler
at Hauler's cost and expense at least 30 days prior to the transition of
services to Hauler and distributing new containers to all customers.
Hauler shall bear all costs and expenses associated with preparing the
Implementation Plan and notifying customers regarding the transition of
services to Hauler. The City and Hauler agree that Hauler may use Los
Trancos Canyon View Park (Lower) parking lot from September _, 2007
to September , 2007 as a staging area for assembly and distribution of
containers.
2.) Hauler shall provide weekly residential curbside refuse collection,
recycling and disposal services to single-family residences in the Newport
Coast Area annexed on January 1, 2002 by the City as depicted on
Exhibit A beginning October 1, 2007.
3.) The Hauler will handle all resident inquiries or complaints of service in an
expeditious manner.
4.) The Hauler shall provide a bulky item pickup twice per year for each
single-family residence with a limit of 4 items per request, at no cost to the
City. Bulk Item collection requests shall be collected within 1 -week of call
and scheduled for the same day as refuse and recycling collection.
5.) The Hauler shall provide fully automated solid waste and recyclable
material containers for residential customers at no additional cost to the
City. The automated solid waste container 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. All refuse and
recycling containers shall be 90 gallons, unless the resident requests a
smaller size. If a customer requests a smaller size container, the smaller
size container shall be provided within fourteen (14) calendar days. The
minimum size of the containers shall be 35 gallons. The City shall not be
charged by Hauler for any cost or expense related in any way to providing
the containers, for changing the size of the containers, and/or for repairing
or replacing any container which is damaged, broken, lost or stolen.
6.) The weekly basic service will consist of providing service for two individual
automated style containers, one for refuse and one for recyclable
materials, and all collection, disposal and other services related in any
way thereto. At the request of the residential customer, Hauler shall
provide an additional recyclable container and, on a weekly basis, all
collection, disposal and other services related in any way thereto at no
additional cost to the City.
7.) If requested by any residential customer serviced by this Agreement and
approved by the City in writing, Hauler shall provide an additional refuse
container and, on a weekly basis, all collection, disposal and other
services related in any way thereto. Subject to the limitations set forth in
this Section, City agrees to pay the cost of services related to the one
additional refuse container and services provided to residential customers
in the amount set forth in Exhibit C, Section 2. Hauler and City agree that
in no event shall the total number of additional refuse containers for which
the City is to incur any charges, costs or expense including, but not limited
to, costs and expenses associated with providing the extra containers or
service related thereto, exceed ten percent (10%) of the number of
residential accounts in the Newport Coast Route subject to this Agreement
(e.g. if there are currently 4,000 residences in the Newport Coast Route,
the maximum number of additional containers that the City may be
charged for is 400 containers.) Hauler shall bear all costs and expenses
associated with providing additional containers or service in excess of the
ten percent (10%) cap.
8.) Collection schedule will remain the same as existing schedule unless
agreed upon between City and Hauler in writing. The Hauler will collect
solid waste and recyclable materials at intervals not less than once per
week. Collection of solid wastes and recyclable materials may not
commence earlier than 7:00 a.m. and will stop no later than 6:30 p.m.
each collection day. The collection days for Newport Coast are currently
done Monday, Tuesday, Wednesday and Friday and will not be changed
without City approval. In no event shall the City approve a request to
collect on Saturday or Sunday unless authorized by the City's General
Services Director. No change to the current schedule will be considered
with less than 60 days notice to the City. The City shall only make
changes to the existing schedule if the City, in its sole discretion,
determines that the proposed change in the schedule increases the level
of service or has no impact on the level of service being provided.
9.) Hauler shall provide curbside collection of Christmas trees on the first two
regularly scheduled collection days for each home after Christmas Day at
no cost to the City.
10.) When notified of a missed pick-up, Hauler shall collect all containers
missed by 5:00 P.M. of the following business day.
11.) Hauler shall use due care when handling containers. Containers shall not
be thrown from trucks, roughly handled, damaged or broken. Containers
shall be returned to the collection point upright, with lids properly closed.
Hauler shall ensure that its employees close all gates opened by them in
making collections, unless otherwise directed by the customer, and avoid
crossing landscaped areas and climbing or jumping over hedges and
fences.
12.) The Hauler shall keep data on the origin and tonnage of solid waste
collected in the Newport Coast area. The Hauler shall provide to the city,
on a monthly basis, the following information in a format supplied by or
approved by the General Services Director:
A. The tonnage of Solid Waste collected by the gross number of
tons collected each month.
B. The origin and tonnage of solid waste that is actually delivered
to the designated landfill each month.
C. The weight of recyclable materials collected in the Newport
Coast area and delivered for recycling.
D. The facility to which each type of recyclable material or
recovered material is delivered by the Hauler.
E. Total weight, by type of material, of glass, aluminum, plastic,
paper, cardboard, concrete, dirt, asphalt, green waste, lumber and
white goods collected monthly.
F. Any other information reasonably requested by the City to meet
State or Federal regulatory reporting requirements of the City's
Source Reduction and Recycling Element (SRRE), as it may be
amended from time to time.
Exhibit C
Refuse Billing Rates
1.) Except as provided in Exhibit C, Section 2, Compensation
for all Contract Services shall be $10.89 per residence per
month. The monthly rate of $10.89 per residence is
composed of a base service fee component of $8.22 and a
disposal fee component of $ 2.67.
2.) In addition to the monthly rate of $10.89 per residence, City
will pay for extra automated containers for refuse collection
as requested by individual residents in the amount of $1.00
per resident request per month, subject to the express
limitations set forth in Exhibit B, Section 7. The City and
Hauler agree that said amount shall cover all costs and
expenses related to providing the additional container and all
services related thereto.
3.) City franchise fees pursuant to NBMC Section 12.63.070
shall be waived, but only for the Contract Services provided
in this agreement.
4.) The City will be billed in arrears by the Hauler on a monthly
basis.
5.) The monthly compensation per residence shall be increased
on October 1, 2008, and every 12 months thereafter to
reflect any increase in the Consumer Price Index as stated in
Section 4 of the agreement.