11.01 Solid Waste Franchise Agreement City Clerk's Counter
COUNCIL LATE AGENDA ITEMS
,
Council Meeting
December 10, 2019
City of Orange
Public Works Department
Hot File Memo
To: Honorable Mayor and City Council
Thru: Rick Otto, City Mana ��
From: Christopher Cash, blic Works Director
Date: December 1Q 2019
Re: Staff Report I 11 - A Resolution of the City Council of the Ciry of
Orange approving the Solid Waste Franchise Agreement between the
City of Orange and CR&R Inc. pursuant to a Public Hearing to establish
solid waste rates.
Attached fox your ceview is a�evised copy of Staff Report 11.1 with changes to fhe Recommended
9ction.
��p�nted on Recycled Paper
OF �R
`�� c
��`�� AGENDA ITEM
December 10, 2019
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: Christopher Cash, Public Works Director`��
REVIEW: CityManager/�JiFinance�
l"
1. SUBJECT
A Resolution of the City Council of the City of Orange approving the Solid Waste
Franchise Agreement between the City of Orange and CR&R Inc. pusuant to a Public
Hearing to establish solid waste rates.
2. SUMMARY
On October 8, 2019, following a presentation on recent solid waste State unfunded
mandates, City Council directed staff to negotiate a new Solid Waste Franchise
Agreement with CRRR Inc. The proposed Agreement maintains City solid waste rates to
be in the lowest third of comparable Orange County cities. This agreement ensures
compliance with current and upcoming State unfunded mandates while smoothing rate
adjustments over subsequent years. Proposition 218 notices for this public hearing were
mailed to residents and businesses pursuant to Section 53756 of the Government Code.
3. RECOMMENDED ACTION
1. Approve Resolution No. 11197. Approving Franchise Agreement with CR&R Inc. for
solid waste and street sweeping services for five and a half years beginning January
1, 2020, with three optional three-year extensions, and authorize the Mayor and City
Clerk to execute on behalf of the City. .
2. Allow the City Manager to make minor changes to the Franchise Agreement with
CR&R prior to execution that are clerical in nature or minor adjustment necessary to
effectuate the intent of the Franchise Agreement.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
b: Analyze future fiscal needs and potential revenue opportunities.
Goal 4: Provide Outstanding Public Service
ITEM f� i 12/10/2019
b: Provide facilities and services to meet customer expectations.
6. DISCUSSION AND BACKGROUND
Introduction
Pursuant to Public Resources Code Section 40059, the City may provide for the collection
and disposal of solid waste either by providing the service itself or by contracting out all
or part of the service or by a permit system. The City's current exclusive Franchise
Agreement for solid waste collection with CR&R Inc. (CR&R) began February 1, 2010,
and is set to terminate on January 31, 2022. Revisions in California's solid waste
legislation require the City of Orange to introduce new solid waste services to remain in
compliance with the state law. The current and future mandates are not funded by the
State, so costs must be funded through solid waste rates charged to residential and
business customers.
On October 8, 2019, the City Council directed staff to negotiate a new solid waste
Franchise Agreement with CR&R. Such agreement will provide additional services for
maintaining compliance with the State unfunded mandates. As detailed in the October 8,
2019 presentation to Council, the four recent State mandates that have significantly
changed how solid waste is processed in California are:
• Assembly Bill 341: Mandatory Commercial Recycling (AB 341)
. . Assembly Bill 1826: Mandatory Commercial Organics Recycling (AB 1826)
• Assembly Bill 1594: Green Material Used as Alternative Daily Cover (AB 1594)
• Senate Bill 1383: Short-Lived Climate Pollutants: Organics Waste Methane
Emissions Reductions (SB 1383)
The new agreement provides the City will maintain compliance with State law.
Additionally, it includes new rates that will continue to be in the lowest third of comparable
Orange County solid waste rates. At the time of this report, many Orange County cities
and agencies such as Aliso Viejo, Costa Mesa Sanitation District, Dana Point, Laguna
Niguel, Mission Viejo, Rancho Santa Margarita, and San Clemente, are proposing and
approving similar rate changes, with some already approving State-mandated compliant
solid waste rates featured below.
City Residential Rate City Commercial Rate
Orange (Current) $13.60 Orange (Current) $54.63
Orange (Proposed) I $17.47 i Orange (Proposed) $65.90 i
Aliso Viejo $18.03 Aliso Viejo $117.37 ��
Costa Mesa SD $18J4 � La Habra $117.90
Laguna Niguel $21.15 Laguna Niguel $147.02
San Clemente $22.18 �'�, San Clemente $155.84
—�
La Habra $25.57 Costa Mesa SD Non-Exclusive
Additionally, on July 11, 2019, Mission Viejo recently issued a Request for Proposals for
solid waste services and received three proposals from CR&R, Waste Management, and
ITEM _ z 12/10/2019
Republic. At their December 10, 2019, City Council meeting, Mission Viejo is proposing
to eutend their existing agreement with Waste Management that includes a State
compliant residential rate in the first year at $21.59 and a commercial rate at $15225.
Solid Waste Rates
The City faces the most stringent solid waste legislation in California history. For City
residents and businesses to remain in compliance with State Law, new services are
necessary, none of which are funded by the State; all of which must be funded through
the solid waste rates (rates). CR&R's Regional Organics Anaerobic Digester (ROAR)
facility located in Perris, CA possesses the capability to comply with many of the new
State mandates. Because this facility can process comingled organics (food and green
waste) now, it allows for rate smoothing over subsequent years. Other California cities
that delay compliance may see higher processing costs due to the limited statewide
supply of organics processing facilities.
In the new Franchise Agreement, single-family and multi-family dwellings with cart service
are charged a base rate, which includes a refuse cart, a recycling cart, and an organics
waste cart. Customers may choose to take additional carts for an additional surcharge.
Commercial customers and multi-family dwellings with bin service are charged a monthly
rate based on the number and size of bins, and the number of weekly pickups.
The new Franchise Agreement includes a clearly defined formula for adjusting the rates
for inflation in labor, fuel, vehicle, insurance, and other operating costs, as well as adopted
increases in the wholesale cost of disposal. Each rate adjustment includes an annual
Consumer Price Index (CPI) adjustment represented over a six-month period. If
approved, the initial rates will go into effect on January 1, 2020. The residential and
commercial rates will be automatically adjusted each year on July 1, over a period not to
exceed five (5) years based on the defined formula pursuant to Section 53756 of the
Government Code. The new Franchise Agreement also includes adjustments to
Commercial Bin and Roll-Off Rates due to eutraordinary changes in State law.
Commercial and Roll-Off Rates include additional compliance assistance services, as
well as additional waste processing services, to ensure compliance with the law.
Street Sweeping Services
Street sweeping services have been provided by CR&R since March 19, 2013. The
current citywide street sweeping contract is set to expire on June 30, 2020, with one final
optional one-year extension remaining. The proposed Solid Waste Franchise Agreement
will incorporate street sweeping services as a new service of that agreement. The
frequency of sweeping services will remain unchanged and the process of collecting
debris for disposal will remain efficient without additional incurred costs caused by having
separate contractors and agreements. The cost of street sweeping will be absorbed into
both the residential and commercial rates while the City's combined services rates will
continue to remain in the lowest third of the County.
Proposed Solid Waste Service Rates
ITEM _ s 12/10/2019
The following solid waste rate schedule shows the initial rate adjustment for January 1,
2020, which includes a deferred CPI adjustment due to CR&R since July 1, 2019.
Subsequent year adjustments are based on estimated CPI increases for the residential
rates.
Effective Date Residential: Commercial: Commercial:
Cart' Binz Roll-OfP
Current Rate $13.60 $54.63 $304.01
Jan. 1, 2020 $17.47 $65.90 $365.42 ;
July 1, 2020 $17.65 $70.58 $399.82 ',
July 1, 2021 $18.18 $77.11 $446.09 �
- July 1, 2022 $18.72 $84.24 $497.69
July 1, 2023 $19.28 $86.77 $512.63
July 1, 2024 $19.86 $89.37 $528.00
1. ResidentiaC Cart-State compliant 3-cart service, monthly rate shown.
2. CommerciaC Bin - State compliant service for a single 3 cubic yard bin
serviced once a week, billed monthly.
3. Commercial: Roll-Off - State compliant service for a single pull tor a 40
cubic yard container.
With new State solid waste mandates, rates must be adjusted to accommodate organics
waste processing. The cost for processing residential organics waste in Orange at
CR&R's ROAR facility in Perris, CA accounts for$3.61 of the $17.47 solid waste rate that
would be effective January 1, 2020. The proposed 53% increase in commercial solid
waste rates over the neM four years is primarily the result of the substantial drop in the
recycling market (local and abroad) as the value of recyclables continues to decrease as
well as the cost of the above-noted state mandates. The proposed commercial rates
assume a four-year phase-in.
Terms of Proposed Franchise Agreement
The new Franchise Agreement uses the terms and language set forth from the previous
Franchise Agreement between the City and CR&R. The following highlights are
modifications made to the contract and solid waste services:
1. The length of the new Franchise Agreement is for five and a half years from
January t, 2020, to June 30, 2025, with three optional three-year mutually agreed
upon eMensions.
2. Indemnification clauses protecting the City on AB 341, AB 1826, AB 1594, and SB
1383. This ensures CR&R provides protection for the City along with changes in
green waste processing to maintain compliance with the State mandates.
3. Street sweeping services are combined with the proposed Solid Waste Franchise
Agreement.
4. Comingled organics recycling carts can accept food and green waste.
ITEM _ a 12/10/2019
5. CR&R will sponsor an edible food recovery program allowing food generators to
remain in compliance with State law and to support local food banks.
6. Offer split bin service, where the trash enclosure space is limited to a single bin.
This will allow customers with existing space limitations to be in compliance.
7. The Roll-Off maximum tonnage is reduced to a maximum of 4 tons. Additional
tonnage will be an additional charge.
8. Provides two full-time compliance coordinators tasked with assisting businesses
with solid waste compliance.
9. To ensure rates remain low in subsequent years, the rate adjustment calculation
will remain unchanged in the proposed Franchise Agreement.
10.Provides funding of $54,000 towards public education and $90,000 to offset
administration costs.
Conclusion
Upon approval of the new Franchise Agreement, CR&R will proceed with operational
changes on January 1, 2020. Although ratepayers may observe minor changes to CR&R
operations, the processing of the City's waste will change significantly to maintain the
City's compliance with the aforementioned State mandates. There is planned outreach
and education to accompany the finalization of the agreement.
In the near future, City Council should expect requests for action on ordinance changes
to further meet regulatory mandates and ensure that the City continues to meet its
obligations. Two of the upcoming ordinance updates are a Construction and Debris
ordinance to set a 75% recycling threshold minimum for demolition materials, and an
ordinance adopting the requirements of SB 1383 to enforce a penalty system on food
generators who do not recycle organics nor participate in an edible food recovery
program. Due to the stringent enforcement policy of SB 1383, the City will need to adopt
a more robust compliance program to include the tracking of inspections and
noncompliant commercial accounts.
7. ATTACHMENTS
• Resolution No. 11197 Approving an Integrated Solid Waste Management and
Street Swwping Services Agreement with CR&R Incorporated
• Solid Waste Franchise Agreement between the City of Orange and CR&R
Environmental Services
. Solid waste rates schedule for 2020-2025
ITEM _ 5 12/10/2019
.��„��n�
�� � �� AGENDA ITEM
`aum December 10, 2019
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: Christopher Cash Public Works Directo�
REVIEW: City Manager inance ��
1. SUBJECT
A Resolution of the City Council of the City of Orange approving the Solid Waste
Franchise Agreement between the City of Orange and CR&R Inc. pusuant to a Public
Hearing to establish solid waste rates.
2. SUMMARY
On October 8, 2019, following a presentation on recent solid waste State unfunded
mandates, City Council directed staff to negotiate a new Solid Waste Franchise
Agreement with CR&R Inc. The proposed Agreement maintains City solid waste rates to
be in the lowest third of comparable Orange County cities. This agreement ensures
compliance with current and upcoming State unfunded mandates while smoothing rate
adjustments over subsequent years. Proposition 218 notices for this public hearing were
mailed to residents and businesses pursuant to Section 53756 of the Government Code.
3. RECOMMENDED ACTION
1. Approve Resolution No. 11197.
2. Approve Franchise Agreement with CR&R Inc. for solid waste and street sweeping
services for five and a half years beginning January 1, 2020, with three optional three-
year extensions, and authorize the Mayor and City Clerk to execute on behalf of the
City.
3. Allow the City Manager to make minor changes to the Franchise Agreement with
CR&R prior to execution that are clerical in nature or minor adjustment necessary to
effectuate the intent of the Franchise Agreement.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
b: Analyze future fiscal needs and potential revenue opportunities.
ITEM �� i 12/10/2019
Goal 4: Provide Outstanding Public Service
b: Provide facilities and services to meet customer expectations.
6. DISCUSSION AND BACKGROUND
Introduction
Pursuant to Public Resources Code Section 40059, the City may provide for the collection
and disposal of solid waste either by providing the service itself or by contracting out all
or part of the service or by a permit system. The City's current exclusive Franchise
Agreement for solid waste collection with CR&R Inc. (CR&R) began February 1, 2010,
and is set to terminate on January 31, 2022. Revisions in California's solid waste
legislation require the City of Orange to introduce new solid waste services to remain in
compliance with the state law. The current and future mandates are not funded by the
State, so costs must be funded through solid waste rates charged to residential and
business customers.
On October 8, 2019, the City Council directed staff to negotiate a new solid waste
Franchise Agreement with CR&R. Such agreement will provide additional services for
maintaining compliance with the State unfunded mandates. As detailed in the October 8,
2019 presentation to Council, the four recent State mandates that have significantly
changed how solid waste is processed in California are:
. Assembly Bill 341: Mandatory Commercial Recycling (AB 341)
• Assembly Bill 1826: Mandatory Commercial Organics Recycling (AB 1826)
• Assembly Bill 1594: Green Material Used as Alternative Daily Cover (AB 1594)
• Senate Bill 1383: Short-Lived Climate Pollutants: Organics Waste Methane
Emissions Reductions (SB 1383)
The new agreement provides the City will maintain compliance with State law.
Additionally, it includes new rates that will continue to be in the lowest ihird of comparable
Orange County solid waste rates. At the time of this report, many Orange County cities
and agencies such as Aliso Viejo, Costa Mesa Sanitation District, Dana Point, Laguna
Niguel, Mission Viejo, Rancho Santa Margarita, and San Clemente, are proposing and
approving similar rate changes, with some already approving State-mandated compliant
solid waste rates featured below.
City Residential Rate City Commercial Rate
Orange (Current) $13.60 Orange (Current) $54.63
Orange (Proposed) $17.47 Orange (Proposed) $65.90
Aliso Viejo $18.03 Aliso Viejo $117.37
Costa Mesa SD $18.74 La Habra $117.90
Laguna Niguel $21.15 Laguna Niguel $147.02
San Clemente $22.18 San Clemente $155.84
La Habra $25.57 Costa Mesa SD Non-Exclusive
ITEM 2 12/10/2019
Additionally, on July 11, 2019, Mission Viejo recently issued a Request for Proposals for
solid waste services and received three proposals from CRBR, Waste Management, and
Republic. At their December 10, 2019, City Council meeting, Mission Viejo is proposing
to extend their existing agreement with Wasle Management that includes a State
compliant residential rate in the first year at $21.59 and a commercial rate at $152.25.
Solid Waste Rates
The City faces the most stringent solid waste legislation in California history. For City
residents and businesses to remain in compliance with State Law, new services are
necessary, none of which are funded by the State; all of which must be funded through
the solid waste rates (rates). CR&R's Regional Organics Anaerobic Digester (ROAR)
facility located in Perris, CA possesses the capability to comply with many of the new
State mandates. Because this facility can process comingled organics (food and green
waste) now, it allows for rate smoothing over subsequent years. Other California cities
that delay compliance may see higher processing costs due to the limited statewide
supply of organics processing facilities.
In the new Franchise Agreement, single-family and multi-family dwellings with cart service
are charged a base rate, which includes a refuse cart, a recycling cart, and an organics
waste cart. Customers may choose to take additional carts for an additional surcharge.
Commercial customers and multi-family dwellings with bin service are charged a monthly
rate based on the number and size of bins, and the number of weekly pickups.
The new Franchise Agreement includes a clearly defined formula for adjusting the rates
for inflation in labor, fuel,vehicle, insurance, and other operating costs, as well as adopted
increases in the wholesale cost of disposal. Each rate adjustment includes an annual
Consumer Price Index (CPI) adjustment represented over a six-month period. If
approved, the initial rates will go into effect on January 1, 2020. The residential and
commercial rates will be automatically adjusted each year on July 1, over a period not to
exceed five (5) years based on the defined formula pursuant to Section 53756 of the
Government Code. The new Franchise Agreement also includes adjustments to
Commercial Bin and Roll-Off Rates due to extraordinary changes in State law.
Commercial and Roll-Off Rates include additional compliance assistance services, as
well as additional waste processing services, to ensure compliance with the law.
Street Sweeping Services
Street sweeping services have been provided by CR&R since March 19, 2013. The
current citywide street sweeping contract is set to expire on June 30, 202Q with one final
optional one-year extension remaining. The proposed Solid Waste Franchise Agreement
will incorporate street sweeping services as a new service of that agreement. The
frequency of sweeping services will remain unchanged and the process of collecting
debris for disposal will remain efficient without additional incurred costs caused by having
separate contractors and agreements. The cost of street sweeping will be absorbed into
both the residential and commercial rates while the City's combined services rates will
continue to remain in the lowest third of the County.
ITEM 3 12/10/2019
Proposed Solid Waste Service Rates
The following solid waste rate schedule shows the initial rate adjustment for January 1,
2020, which includes a deferred CPI adjustment due to CR&R since July 1, 2019.
Subsequent year adjustments are based on estimated CPI increases for the residential
rates.
Effective Date Residential: Commercial: Commercial:
Cart' Bin2 Roll-Off3
Current Rate $13.60 $54.63 $304.01
Jan. 1, 2020 $17.47 $65.90 $365.42
July 1, 2020 $17.65 $70.58 $399.82
July 1, 2021 $18.18 $77.11 $446.09
July 1, 2022 $18.72 $64.24 $497.69
July 1, 2023 $19.28 $86.77 $512.63
July 1, 2024 $19.86 $89.37 $528.00
1. Residential: Cart—State compliant 3-cart service, monihly rate shown.
2 Commercial: Bin — State compliant service for a single 3 cubic yard bin
serviced once a week, billed monthly.
3. Commercial: Roll-Off — State compliant service tor a single pull tor a 40
cubic yard container.
With new State solid waste mandates, rates must be adjusted to accommodate organics
waste processing. The cost for processing residential organics waste in Orange at
CR&R's ROAR facility in Perris, CA accounts for$3.61 of the$17.47 solid waste rate that
would be effective January 1, 2020. The proposed 53% increase in commercial solid
waste rates over the neM four years is primarily the result of the substantial drop in the
recycling market (local and abroad) as the value of recyclables continues to decrease as
well as the cost of the above-noted state mandates. The proposed commercial rates
assume a four-year phase-in.
Terms of Proposed Franchise Agreement
The new Franchise Agreement uses the terms and language set forth from the previous
Franchise Agreement between the City and CR&R. The following highlights are
modifications made to the contract and solid waste services:
1. The length of the new Franchise Agreement is for five and a half years from
January 1, 2020, to June 30, 2025, with three optional three-year mutually agreed
upon extensions.
2. Indemnification clauses protecting the City on AB 341, AB 1826, AB 1594, and SB
1383. This ensures CR&R provides protection for the City along with changes in
green waste processing to maintain compliance with the State mandates.
3. Street sweeping services are combined with the proposed Solid Waste Franchise
Agreement.
ITEM a 12/10/2019
4. Comingled organics recycling carts can accept food and green waste.
5. CR&R will sponsor an edible food recovery program allowing food generators to
remain in compliance with State law and to support local food banks.
6. Offer split bin service, where the trash enclosure space is limited to a single bin.
This will allow customers with existing space limitations to be in compliance.
7. The Roll-Off maximum tonnage is reduced to a maximum of 4 tons. Additional
tonnage will be an addifional charge.
8. Provides two full-time compliance coordinators tasked with assisting businesses
with solid waste compliance.
9. To ensure rates remain low in subsequent years, the rate adjustment calculation
will remain unchanged in ihe proposed Franchise Agreement.
10.Provides funding of $54,000 towards public education and $90,000 to offset
administration costs.
Conclusion
Upon approval of the new Franchise Agreement, CR&R will proceed with operational
changes on January 1, 2020. Although ratepayers may observe minor changes to CR&R
operations, the processing of the City's waste will change significantly to maintain the
City's compliance with the aforementioned State mandates. There is planned outreach
and education to accompany the finalization of the agreement.
In the near future, City Council should expect requests for action on ordinance changes
to further meet regulatory mandates and ensure that the City continues to meet its
obligations. Two of the upcoming ordinance updates are a Construction and Debris
ordinance to set a 75% recycling threshold minimum for demolition materials, and an
ordinance adopting the requirements of SB 1383 to enforce a penalty system on food
generators who do not recycle organics nor participate in an edible food recovery
program. Due to the stringent enforcement policy of SB 1383, the City will need to adopt
a more robust compliance program to include the tracking of inspections and
noncompliant commercial accounts.
7. ATTACHMENTS
. Resolution No. 11197 Approving an Integrated Solid Waste Management and
Street Swwping Services Agreement with CR&R Incorporated
• Solid Waste Franchise Agreement between the City of Orange and CR&R
Environmental Services
• Solid waste rates schedule for 2020-2025
ITEM s 12/10/2019
RESOLUTION NO. 11197
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE, CALIFORNIA,
APPROVING AN INTEGRATED SOGID
WASTE MANAGEMENT AND STREET
SWEEPING SERVICES AGREEMENT WITH
CR&RINCORPORATED
WHEREAS, [he Califomia Legislahue, by enactment of[he Califomia lnteg�a[ed Was[c
Managemeut Act of 1989 ("AB 939") (Califomia P�blic Resources Code Sectiou 40000 et seqJ,
has declazed that it is in the public interest to authorize and requve bcal agencies to make adequate
.. provisions for solid waste handling within the'vjurisdictions; and
WHEREAS,pursuant to the provisions of Public Resources Code Sectiou 40059(a)(1),the
Ciry of Orange("Ciry")is authorized to detexmine all aspects of solid waste handling which are of
local concern; and
WHEREAS, City is obligated to pro[ect the public health and safety of the residents and
businesses of City, and collection of solid waste should be undertaken in a manner consistent with
the exercise of City's obligations for the protection of public health and safety; a�d
WHEREAS, Public Reso�rcea Code Section 40059(a)(2) authorizes City [o deteimiue
whether solid was[e handling services aze to be provided by exclusive or non-exclusive contrac[,
whether the conhact will be awazded with or without competitive bidding, and the terms and
conditions of any such contract; and
WHEREAS, pursuant to California Public Resources Code Section 49300 and 49500 et
seq., City has determined that the public heal[h, safety, and well-being requ'ue tha[ an exclusive
franchise be awarded to a qualified company for the collection, hansfer and transportation,
recycling, processing, and disposal of solid waste and other services related m meeting the
diversion goals required by AB 939, and o[her requuements of the Califomia lntegra[ed Waste
Managemen[Act; and
WHEREAS,Ciry and CR&R("Parties'�eute�ed into Agreement No. 5444,dated July 14,
2009, in which CR&R was gran[ed an exclusive &anchise for [he collec[ion, transfer and
transportation, recycling, processing and disposal of solid was[e and o[her rela[ed services in City
effective February I, 201Q for an initial term of eight ycars. On Scptcmber 12, 2017,Agreement
No. 5444 was extended for two(2)addi[ional years,[hrough 7anuary 31, 2020; atid
WHEREAS, Parties entered into Agreement No. 5693, dated March 19, 2013, for
Citywide Stree[ Sweeping Services for an initial term of five fiscal years. On May 8, 2018,
Agreement 5693 was extended through June 3Q 2019,and on May 14,2019,Agreement No. 5693
was extended through June 3Q 2020; and
WHEREAS,City declazes its intention of maintaining reasonable rates and quality service
related to the collection, transfer and hansporta[ion, recycling prowssing, and disposal of solid
was[e and o[her services; and
WFiEREAS, Parties aze mindful of the provisions of the laws goveming the safe
collectioq hausport, recycling, processiug and disposal of solid waste, including AB 939, the
Reso�rce Conservation and Recovery Act ("RCRA"), and the Compcehensive Environmental
Respoase, Compensation aod Liabiliry Act ("CERCLA"). Par[ies desire to ]eave no doubts as to
their respective roles and to memorialize that by entering into this Agreement, Ciry is not hereby
becoming an"artanger"or a"generator" as those terms aze used in CERCLA, ac�d it is CR&R,not
City, who is "arranging for" the collection from premises in City, transport for disposal,
composting or other processing, and recycling of municipa] solid waste which may contain
hazardous substances; and fiuther to confilm that as a matedal inducement to City entering into
this Agreement, CR&R has agreed to fully indemnify City in connection with any claims, losses,
liabilities, lawsuits or actions relating to the inadve�tent or intentional collection, transportation
and/or disposal of hazardous matedals that may occur in connection with CR&R's performance
under this Agreement; and
WHEREAS,Parties are mindful of new laws adopted by the 5[ate of Califomia intended m
divert recyclables and organic materials &om being ]and&lled. AB 341 mandates tha[ coi�rnercial
was[e generators azrnnge for recycling services. AB 1826 tnattdates that commercial waste genera[o�
recycle their organic waste. AB 1594 will exclude organic material used as Altemative Daily Cover
("ADC")from the calculation of ajurisdiction's total per capita amomt of waste disposed. SB 1383
allows the Department of Resources Recycling and Recovery(`CalRecycle")to implement new solid
waste and recycling regulations on local jurisdicrions if siguficant progress has not been made in
certain waste reduction goals by 2020;and
WHEREAS, CR&R represents and wazrants to Ciry that it has the experience,
responsibility and quali£cations to conduct recycling programs, to provide City with information
sufficient to meet Ciry's reporting requirements under AB 939, to assist City in meeting City's
other requirements under AB 939,to collect,transport and dispose of solid waste in a saFe manner
which will minimize the adverse effects of collection vehicles on air quality and traffic and has the
ability to indemnify Ciry against liabiliry under CERCLA; and
WHEREAS, CR&R has [he ability to provide such personnel, equipment and supplies as
arc ncccssary to cnsurc City complies with the requirements of AB 939 and the Public Resources
Code; and
WHEREAS, Parties acknowledge tha[ the new laws adopled by Ihe Sta[e of Califomia
warsant the need for a new agreement between the Parties and Parties desire to enter into an
Agreement for both integrated solid waste management and sueet sweeping services; and
WHEREAS, City's primary goals in entering into this Agreement are [o ensure[hat solid
was[e collection and street sweeping services aze of Ihe highest caliber, tha[cus[omer sa[isfaction
remains at thc highcst level,that the emironment is protected, that maximum diversion levels are
achicved, and that materials collected are put to the highcst and best use.
Resa.Na. 11197 2 MEB
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orange,
as follows:
l. The CiTy Council hereby approves [he Agreement Between City of Orange and
CR&R Incorporated for Integrated Solid W aste Management and Sheet Sweeping Services,which
sets forth all[exms and condi[ions for the pmvision of solid was[e and s[ree[ sweeping services, a
copy of which was submitted to the City Council at its meeti¢g on the date set forth below.
2. The Mayor is hereby au[horized to exewte[he Agreement ou behalf of[he City.
ADOPTED this day of ,2019
Mazk A. Murphy,Mayor, Ciry of Orange
ATTEST:
Pamela Colemaq City Clerk, City of Orange
I, PAMELA COLEMAN, City Cleik of the City of Orange, Califomia, do heceby certify
that the foregoing Resolution was duly and regulazly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the_day of , 2019 by the
following vote:
AYES: COUNCII,MEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Colemaq City Clerk, CiTy of Orange
Reso.No. 11197 3 MEB
�OF.�R� ,
���\�GORP�R4TFO�V^ �'..�
vi� ��
* �r
�''�' '_
9�'G'F RA!?i�s.+s8°��t���
i
CpUIVT`l� G j �
AGREEMENT
BETWEEN
CITY OF ORANGE
AND
CR&RINCORPORATED
FOR
INTEGRATED SOLID WASTE MANAGEMENT
AND STREET SWEEPING SERVICES
1. Table of Contents
RECITALS..........................................................................................................................1
� 1. DEFINITIONS.............................................................................................................3
1.1 AB 939.........................................................................................................................4
1.2 AB 341.........................................................................................................................4
1.3 AB 1826.......................................................................................................................4
1.4 AB 1594.......................................................................................................................9
1.5 AB 2176.......................................................................................................................4
1.6 Affiliate.......................................................................................................................4
1.7 eillings.........................................................................................................................5
1.8 Bin...............................................................................................................................5
1.9 ein Service...................................................................................................................5
1.10 Bu1kY Items..................................................................................................................5
1.13 CaK.............................................................................................................................5
1.12 City..............................................................................................................................6
1.13 Collect/Collection ........................................................................................................6
1.14 Commercial.................................................................................................................6
1.15 Commercial Premises...................................................................................................6
1.16 Controc[or...................................................................................................................6
1.17 Contrac[orCompensation............................................................................................6
1.18 Construction and Demolition Debris.............................................................................7
1.19 Container.....................................................................................................................7
1.20 CPI...............................................................................................................................7
1.21 Curb Mile.....................................................................................................................7
1.22 Customer.....................................................................................................................7
1.23 Disposal.......................................................................................................................7
1.24 Disposal5ite(s1 ............................................................................................................7
1.25 Diversion.....................................................................................................................7
1.26 Dninage Area Management Plan.................................................................................8
1.27 Edible Food..................................................................................................................8
1.28 Environmental Lawz.....................................................................................................8
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
1.29 Faciliq.........................................................................................................................8
1.30 foodWaste.................................................................................................................8
1.31 Green Waste................................................................................................................9
1.32 Green Waste Processin6 Facility...................................................................................9
133 GrossReceipts.............................................................................................................9
1.34 Hazardous5ubstance...................................................................................................9
1.35 Hazardous Waste.......................................................................................................10
136 Household Hazardous Waste("HHW") .......................................................................30
137 Inclement Weather....................................................................................................30
138 Materials Recovery Facility("MRF")...........................................................................10
199 Multi-familyPremise5................................................................................................30
1.40 OrganiczRerycling.....................................................................................................10
1.41 Organics Waste..........................................................................................................11
1.42 ParkingLot................................................................................................................11
1.43 Person.......................................................................................................................11
1.94 Premises....................................................................................................................11
1.95 Rate Year...................................................................................................................11
1.96 Recycling...................................................................................................................11
1.47 Recyclable Materials..................................................................................................11
1.98 Refuse.......................................................................................................................12
1.49 Residential.................................................................................................................12
1.50 Residential Premises..................................................................................................12
1.51 Re-Sweeps.................................................................................................................12
1.52 Rolloff 8ox.................................................................................................................12
1.53 SB 1383.....................................................................................................................12
1.54 Single-familyDwelling................................................................................................13
1.55 Solid Waste................................................................................................................13
1.56 Solid Waste Handling Services....................................................................................13
1.57 SourceSeParoted.......................................................................................................13
1.58 SpecialSweeps..........................................................................................................13
1.59 State..........................................................................................................................13
City of Orenge
Integreted Solid Waste Management and Street Sweeping Agreement
1.60 Streets.......................................................................................................................14
1.61 Street5weeping.........................................................................................................14
1.62 Street SweePing Debris..............................................................................................14
1.63 Street5weepingRoutes.............................................................................................34
1.64 Transformation..........................................................................................................14
1.65 Transfer5tation.........................................................................................................14
1.66 Travel5peed..............................................................................................................15
1.67 WasteGenerator.......................................................................................................35
2. GRANTANDACCEPTANCEOFFRANCHISE................................................................ IS
2.1 Grant and Acceptance of Franchise,lndemnity of Award ............................................IS
2.2 EnforcementofExclusivity.........................................................................................35
2.3 EffectiveDate............................................................................................................16
2.4 TermofAgreement-SolidWaste...............................................................................36
2.5 OPtion to EMend 7erm...............................................................................................16
2.6 Representations and Warranties of Contractor...........................................................16
2.7 Conditions to Effectiveness of Agreement ..................................................................19
2.8 Delegation of AuthorilY..............................................................................................19
2.9 LimitationstoScope...................................................................................................19
2.30 City's Right to Direct ChanBes.....................................................................................21
2.10.1 General....................................................................................................................................21
2.10.2 NewDiversianPrograms........................................................................................................21
2.11 Ownership of Solid Waste..........................................................................................22
2.12 ContractorAuthorization...........................................................................................22
2.13 Permitz and Licenses..................................................................................................23
3. FEES PAID TO THE CITY...........................................................................................23
3.1 City Fees....................................................................................................................23
3.1.1 Public Education Fee....................................................................................................................23
3.1.2 Administrative Fee.......................................................................................................................23
3.1.3 Edible Food Recovery Fee............................................................................................................23
3.1.9 MnualAtlluscmentofFees.........................................................................................................23
3.1.5 TiminBo(FeePoYments...............................................................................................................24
3.2 Future Fees................................................................................................................24
4. DIREClSERVICES—WASTE MANAGEMENT.............................................................24
4.1 Refuse.......................................................................................................................24
iii
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
4.1.1 General.........................................................................................................................................24
4.1.2 Residential Cart Refuse Collec[ion ..............................................................................................25
6.1.3 AlleyCollecfion............................................................................................................................25
4.1.4 Refuse Cart Overa6e....................................................................................................................25
6.1.5 BackyardServicefortheDisahled...............................................................................................2fi
4.1.6 BinRefuseCollec[ian...................................................................................................................26
4.1.7 Commercial Premisez Cart Service..............................................................................................26
6.1.8 Overflowing[ommercial[antainers..........................................................................................27
4.1.9 Ro1loffBoxService.......................................................................................................................28
6.1.10 TemporaryBinService............................................................................................................28
4.1.11 Scout Vehicles..........................................................................................................................28
4.1.12 Bin Pushout Service.................................................................................................................29
4.1.13 SmallerCollectionVehicles.....................................................................................................29
6.1.16 LockingBins.............................................................................................................................29
4.115 Redelivery/ReturnTripFee.....................................................................................................29
6.I.Sfi On-[all Bulky Item Pickup.......................................................................................................29
4.1.17 BuIkY Item Uivenion...............................................................................................................30
6.1.18 Diversion of Electronic and Other SPecial Wastes.................................................................31
4.2 Recycling...................................................................................................................31
4.2.1 SinBle-familyRecYclingCollection...............................................................................................31
6.2.2 Multi-familyandCammercialRecyclablesCollectio�.................................................................31
413 Warnin6Notice............................................................................................................................31
6.2.4 Marketing and Sale of RecYcla6le Materials...............................................................................32
41.5 Minimum Oiversion ReQuirement...............................................................................................32
6.2.6 [anstruRion and Demolition Debris Diversion..........................................................................33
41.7 Edible FoOd Retoven/Program....................................................................................................33
6.2.8 OpNonalSharpsCallection..........................................................................................................33
4.2.9 Non-ProfitGrouVAssisbnce.......................................................................................................33
4.2.10 XorseSW6leBedding..............................................................................................................34
4.3 Organics Collection Program......................................................................................34
43.3 SlnBle-tamilyOr6anicsWaste[ollection.....................................................................................34
63.2 Multl-familyGreenWaste[ollec[ion..........................................................................................35
4.3.3 Commercial Green Waste and Wood Waste Collection.............................................................36
6.3.4 Commercial Rolloff Green Waste Collection..............................................................................36
43.5 Commer<ial Food Waste Collection...........................................................................................37
6.3.6 HolidayTreeCollectionProBram.................................................................................................38
4.4 Cart Selectian,Distribution and Exchanges.................................................................38
4.5 City Services ..............................................................................................................38
4.5.1 [ity Premises[ollettion...............................................................................................................38
4.5.2 CirySponzoredEvents..............................................._......................_..___................................39
4.5.3 StreetLitterContainerCollection................................................................................................40
G.5.9 Emer6enryCollec[ionandDiSPosalServi<e................................................................................00
9.5.5 StreetSweePing5Di5Yo5a1...........................................................................................................40
4.5.6 Abandoned Item Collection by[ity.............................................................................................40
G.5.7 Community DeveloPment Review Service5................................................................................40
4.5.6 Large V¢nue EventAssistance,Event RecYclinB..........................................................................41
0.5.9 Door-to-OoorHXWCallection—OPtion......................................................................................41
IV
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
4.5.10 Storage Vans............................................................................................................................41
4.5.11 FreeCompostandWood[hips...............................................................................................41
4.5.12 In-0ffice Recycling Conbiners for City Administrative OKces..............................................41
4.5.13 In-Unit Rerycling[ontainers...................................................................................................42
4.5.14 CaPacity Guarantee.................................................................................................................42
4.5.15 ComplianceCoordinator�s�.....................................................................................................42
4.6 OPeretions.................................................................................................................42
4.6.1 Schedules......................................................................................................................................42
G.6.2 Vehicles........................................................................................................................................43
9.6.3 Conbiners....................................................................................................................................47
4.fi.4 Litt¢IAbatement..........................................................................................................................50
9.6.5 Versonnel......................................................................................................................................51
0.6.6 Identification Re9uired................................................................................................................53
9.6.7 fees and G�atukies......................................................................................................................53
4.6.8 Non-Discrimination......................................................................................................................53
0.6.9 RoutinH and Caordination with Street SweePing Services.........................................................54
6.fi.10 Report of Accumulation of Solid Waste;Unauthorized Dumping.........................................54
4.7 TrenSPortation of Solid WaSte....................................................................................54
0.8 � ApprovedFacilittes....................................................................................................55
4.9 Statuz of Disposal Site................................................................................................55
4.10 Dedicated Routes.......................................................................................................55
4.11 RouteAudit...............................................................................................................55
4.12 Service Exceptions;Hazardous Waste Notificatians.....................................................57
5. DIRERSERVICES—STREETSWEEVING.................................................................... 58
5.1 Generel—Standards of Work and Contrec[or Responsibilities....................................58
5.2 Street5weepingAreas...............................................................................................62
5.3 InsPection Rating SYstem...........................................................................................62
5.4 InsPections, Meetings,and Documenta[ion................................................................62
5.5 SPecial Sweeps ..........................................................................................................63
5.6 CustomerService—StreMSweeping...........................................................................63
5.7 Communication and Emergency ResPonse..................................................................64
5.8 Safety—Street5weeping............................................................................................65
5.9 S[reet Sweeping Services...........................................................................................65
5.10 Sweeping5chedules...................................................................................................66
5.11 Troining—StreetSweePerOPeretors..........................................................................66
5.12 Noise—StreetSweeping.............................................................................................67
5.13 Street5weepingEquipment.......................................................................................68
v
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
5.16 Street Sweeping Equipment Location and Repair........................................................69
5.15 GPSEQuiPmentand5oftware.....................................................................................70
6. OTHEA SERVICES..................................................................................................... 71
6.1 Customer Billing and Contrector Compensation..........................................................71
6.1.1 [artBilling....................................................................................................................................71
6.1.2 Bin,RolloRand TemPonry Services Billin6................................................................................71
6.1.3 StartandStopService—VacantResidentialUnits......................................................................R
6.1.9 Contractor'sinvoices...................................................................................................................72
6.1.5 Non-Payment;Collections;Suspensian of Service......................................................................72
6.1.6 ExemPtion from Service...............................................................................................................73
6.2 Customer5ervice.......................................................................................................73
6.2.1 LocalOffice...................................................................................................................................73
6.2.2 [omplaintDocumentation..........................................................................................................74
6.2.3 Resolutian of Customer ComPlaints............................................................................................74
61.4 Controct Liaison............................................................................................................................75
6.2.5 Service Llalson..............................................................................................................................75
6.3 EducationandPu6licAwareness................................................................................75
63.1 Generol.........................................................................................................................................75
6.3.2 Implementation and On-gaing Education Requirements...........................................................75
633 [ontrectarRepresentative..........................................................................................................76
6.3.9 [ommunitY Events.......................................................................................................................77
6.6 WasteGeneration/CharaRerization5tudies...............................................................77
7. CONTRAROR COM�ENSATION AND RATES............................................................ 77
7.1 General......................................................................................................................77
7.2 Initial Rates................................................................................................................77
73 Schedule of Future Adlustments.................................................................................78
7.4 Method of Adjustments.............................................................................................76
7.4.1 General.........................................................................................................................................78
7.a.2 Fixed Adjustment Percentage......................................................................................................78
Z43 In(lation Adlustment PercenW6e......__......................................................._............................J9
7.G.4 RateAdlustmentStePs................................................................................................................81
7.5 Guaranteed Low Rates...............................................................................................82
7.6 ErtrzordinaryAdlus[ments........................................................................................83
8. REVIEWOFSERVICESANOPERFORMANCE..............................................................84
8.1 Performance Review Meeting....................................................................................84
8.2 Pertormance Satisfaction SurveY................................................................................86
9. RECOROS, REPORTS AND INFORMATION REQUIREMENTS....................................... 86
9.1 Generel......................................................................................................................86
vi
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
9.2 Records.....................................................................................................................87
9.2.1 Genenl.........................................................................................................................................87
9.2.2 financiaiNecords.........................................................................................................................87
9.23 Solid Waste Records....................................................................................................................88
9.2.4 CERCIADefenseRecords.............................................................................................................88
9.2.5 DisPosalRecords..................................._...,.................................................................................89
9.2.6 Other Pragroms'Recards.............................................................................................................89
9.2.7 Audit.............................................................................................................................................89
9.2.8 PaYments and Refunds................................................................................................................9D
9.3 Reports......................................................................................................................90
9.3.1 Report Farmats and Schedule.....................................................................................................90
931 MonthlYRePorts..........................................................................................................................91
9.3.3 Annual Report..............................................................................................................................91
93.4 FinancialRePOK...........................................................................................................................92
9.4 ReportingAdverselnformation..................................................................................92
9.5 Right to Inspect Records.............................................................................................93
9.6 FailuretoReport........................................................................................................93
30. INDEMNIFICAT/ON,INSURANCE, BOND AND LETTER OF CREDIT..........................93
50.1 Indemnification .........................................................................................................93
30.2 Hazardous Su6stances Indemnification.......................................................................94
10.3 Indemnification and Guarantee..................................................................................96
10.0 I nsurence...................................................................................................................96
10.5 Faithful Pertormance Bond.......................................................................................101
30.6 Faithful Pertormance Letter of Credit.......................................................................101
30.7 Forfeiture of Perfo�mance Bond...............................................................................101
10.8 Forfeiture af Letter of Credit....................................................................................101
30.9 Performance Security BeYond Service Term..............................................................102
11. CITY'SRIGHTTOPERFORMSERVICE.................................................................. 302
11.1 General....................................................................................................................102
11.2 Billing and Compensation to City During City's Possession.........................................103
11.3 City's RigM to Relinquish Possessian ........................................................................104
31.4 Ciry'sPossessionNotATaking..................................................................................104
11.5 Duretion of City's Possession....................................................................................104
12. DEFAULT,REMEDIESAND LIQUIDATED DAMAGES............................................. 104
12.1 Events of Default.....................................................................................................104
12.2 Right to Terminate Upon Default and Right to Specific Performance.........................107
vii
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
12.3 Liquidated DamaBes.................................................................................................108
12.4 Ezcuse from Performance........................................................................................112
12.5 No[ice, Hearing and Appeal of Ciry Breach................................................................113
12.6 Assurance of Performance.......................................................................................113
13. OTHEH AGREEMENTS OF THE PARTIES............................................................... 114
13.1 Relationship of Parties.............................................................................................114
13.2 Governin6 Law.........................................................................................................114
13.3 lurisdiction and Venue.............................................................................................114
13.4 Assignmen[..............................................................................................................114
13.5 ContrectinBorSubcontrecting..................................................................................136
13.6 BindingonAssigns...................................................................................................117
13.7 Cooperation in Preparation for 7ermina[ion or Expira[ion of Agreement...................117
13.8 Partiesinlnterest.....................................................................................................117
13.9 Waiver.....................................................................................................................i17
13.10 Contractor'slnvestigation........................................................................................118
13.11 Condemnation.........................................................................................................118
13.12 Notice......................................................................................................................118
13.13 Representatives af the Parties..................................................................................119
13.14 [iry Free to Negotiate with Third Varties..................................................................120
13.15 [ompliance with Municipal Code,Local,State and Federal Law.................................120
13.16 Privary.....................................................................................................................120
13.17 Proprietary Information.Public Records...................................................................120
14. MISCELlANEOUS PROVISIONS........................................................................... 121
14.1 EntireAgreement.....................................................................................................121
14.2 SectionHeadingz.....................................................................................................123
14.3 ReferenceztoLaws..................................................................................................121
14.4 Interpretation..........................................................................................................121
14.5 Agreement..............................................................................................................121
14.6 Severability..............................................................................................................121
14.7 Exhi6its....................................................................................................................122
14.8 AKorneys'Fees........................................................................................................122
viii
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
19.9 Si6natures................................................................................................................123
Table of Ezhibits
Ezhibit A—Initial Maximum Rates—Single-family Residential.......................................... 124
Eahibit B—Initial Maximum Rates—Commercial and Multi-family.................................. 125
Exhibit C—Initial Maximum Rates—Rolloff........................................................................ 126
Exhibit D—Initial Maximum Rates—Special Sweeps......................................................... 127
Exhibit E—Ezample Rate Adjustment Calculation- Residential ........................................ 128
Exhibit F—Example Rate Adjustment Calculation—Commercial and Rolloff................... 129
Exhibit G—Cities with Similar Services................................................................................ 130
ix
AGREEMENT
This Agreement for Integrated Solid Waste Management and Street Sweeping
Services (hereinaker the "Agreemen[") is entered into this day of December 2019, by
and between the City of Orange, California, a municipal corporation ("City°) and CR&R
Incorporeted, a California corporation ("Contractor"), for the collection, transportation,
recycling, processing, and disposal of solid waste and other services related to meeting the
goals and requirements of the California lntegrated Waste Management Act.
RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989 (AB 939) (California Public Resources Code
Section 40000 et seq.), has declared that it is in the public interest to authorize and require
local agencies to make adequate provisions forsolid waste handlingwithin theirjurisdictions;
and,
WHEREAS, pursuant to California Public Resources Code Section 49300 and 49500 et
seq., City has determined ihat the public health, safety, and well-being require that an
exclusive franchise be awarded to a qualified company for the collection, transfer and
trensportation, recycling, processing, and disposal of solid waste and other services related
to meeting the diversion goals required by AB 939, and other requirements of the California
Integrated Waste Management Act; and,
W H EREAS,the City is obligated to protect the public health and safety of the residents
and businesses ofthe City of Orange, and collection of solid waste should be undertaken in a
manner consistent with the exercise of the City's obligations for ihe protection of public
health and safety; and,
WHEREAS, City declares its intention of maintaining reasonable rates and quality
service related to the collection, transfer and transportation, recycling, processing, and
disposal of solid waste and other services; and,
WHEREAS, City and Contractor entered into an Agreement No. 5444, dated July 14,
2009, in which CR&R was granted exclusive franchise for the collection, transfer and
transportation, recycling, processing and disposal of solid waste and other related services in
City; and,
WHEREAS, the First Amendment to Section 2.5.1 of the previous solid waste
agreement was made on September 12, 2017, which eztended the agreement for two (2)
additional years through January 31, 2020;and,
WHEREAS, in October 2019, City exercised its sole option ta extend the previous
agreement bytwenty-four months on a month to month basis effective February 1,2020 such
1
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
that Contractor was potentially obligated to continue to provide service under the previous
agreement until January 31, 2022; and,
WHEREAS, City and Contractor have previously entered into an Agreement No. 5444
for Citywide Street Sweeping Services dated March 19, 2013 for an initial term of 5 years;
and,
WHEREAS,City has exercised its right to extend the term of the Contract for Citywide
Street Sweeping Services through June 30, 2020, and the City has the right to further eztend
ihe Contract for Citywide Street Sweeping Service for an additional year through June 30,
2021.
WHEREAS, City and Contractor ("Parties") hereto desire to enter in another
Agreement for integrated solid waste management and related services; and
W HEREAS,City and Contractor are mindful of the provisions of the laws governing the
safe collection,transport, recycling, processing and disposal of solid waste, including AB 939,
the Resource Conservation and Recovery Act ("RCRA"�, and She Comprehensive
Environmental Response, Compensation and Liability Act ("CERCLA"). City and Contractor
desire to leave no doubts as to their respective roles and to memorialize that by entering into
this Agreement, City is not hereby becoming an "arranger" or a "generator" as those terms
are used in CERCLA, and it is Con[ractor, not City, who is "arranging for"the collection from
premises in City, transport for disposal, composting or other processing, and recycling of
municipal solid waste which may contain hazardous substances; and further to confirm that
as a material inducementto City entering into this Agreement, Contractor has agreed to fully
indemnify City in connection with any claims, losses, liabilities, lawsuits or actions relating to
the inadvertent or intentional collection, transportation and/or disposal of hazardous
materials that may occur in connection with Contractor's performance under this Agreement;
and
WHEREAS, City and Contrac[or are mindful of new laws adop[ed by the State of
California intended to divert recyclables and organic materials from being landfilled. A8 341
mandates that Commercial waste generators arrange for recycling services. AB 1826 mandates
that Commercial waste generators recycle their organic waste. AB 1594 will exclude organic
material used as Altemative Daily Cover(ADC) from the calculation of a jurisdiRion's total per
capita amount of waste disposed. SB 1383 allows the Department of Resources Recycling and
Recovery (CalRecycle) to implement new solid waste and recycling regulations on local
jurisdictions if significant progress has not been made in certain waste reduction goals by 2020,
and;
2
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
WHEREAS, City and Contractor acknowledge that the new laws adopted by the State of
California warrant the need for a new Agreement between the parties;and,
WHEREAS, Contractor represents and warrants to City that it has the experience,
responsibility and qualifications to mnduct recyding programs, to provide City with
information sufficient to meet the City's reporting requirements under AB 939,to assist the
City in meeting City's other requirements under AB 939, to Collect, trensport and dispose of
solid waste in a safe manner which will minimize the adverse effects of Collection vehicles on
air quality and traffic and has the ability to indemnify the City against liability under CERCLA;
and
WHEREAS,Contractor has agreed,as part ofthis Agreement,acting as an independent
contractor, to provide such personnel, equipment and supplies as are necessary to ensure
City complies with the requirements of the California lntegrated Waste Management Act and
the Public Resources Code.; and
WHEREAS,the City's primary goals in entering into this Agreement are to ensure that
the solid waste collection and street sweeping services are of the highest caliber, that
Customer satisfaction remains ac the highest level, that the environment is protected, that
maximum diversion levels are achieved, and that materials collected are put to the highest
and best use.
THEREFORE, in consideration ofthe premises above stated and the terms,conditions,
covenants and agreements contained in this Agreement, the Parties do hereby agree as
follows:
1. DEFINITIONS
The terms used in this Agreement shall have the meaning set forth in this Section 1. In the
event a term is not defined in this Section 1, then it shall have the meaning set forth in the
Orenge Municipal Code or in Division 30, Part 1, Chapter 2 of the California Public Resources
Code (with precedence given to definitions in the Orange Municipal Code over conflic[ing
definitions contained in the Public Resources Code�. Except as provided in [his Section 1,
words beginning with lower case letters are being used with their common ordinary
meanings, not as defined terms. Otherv✓ise, the following capitalized words and terms shall
have the following meanings:
3
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
1.1 AB 939
"AB 939" means the California lntegroted Waste Management Act of 1989 (California Public
Resources Code Section 40000 et seq.), as it may be amended from time to time.
1.2 AB 341
"AB 341" means that state law adopted in 2011 that requires businesses that meet specified
waste generation thresholds to arrange for recycling services.
1.3 AB 1826
"AB 1826" means that state law adopted in 2015 that requires Commercial businesses that
meet specified thresholds to arrange for recycling services for organic waste, and requires
local jurisdictions to adopt an organic waste recycling program.
1.4 AB 1594
"AB 1594" means that state law adopted in 2015 that provides that the use of green material
as alternative daily cover is disposal and does not constitute Diversion through recycling.
1.5 AB 2176
"A8 2176" means that state law adopted in 2004 regarding waste reduction at large
venues and events.
1.6 Affiliate
"Affiliate"means all businesses(including corporations, limited and general partnerships and
sole proprietorships) which are directly or indirealy related io Contrac[or by virtue of direct
or indirect ownership interest or common management shall be deemed co be "Affiliated
with" Contractor and included within the term "Affiliates" as used in this Agreement. An
Affiliate shall include a business in which Contractor owns a direct or indirect ownership
interest, a business which has a direct or indirect ownership interest in Contrector and/or a
business which is also owned,controlled or managed 6y any business or individual which has
a direct or indirect ownership interest in Controctor. For purposes of determining whether
an indirect ownership interest ezists,the constructive ownership provisions of Sec[ion 318�a)
of the Internal Revenue Code of 1986, as in effect on the date of this Agreement, shall apply;
provided, however,that(i) "ten percent (10%)"shall be substituted for"fifty percent(50%)"
in Section 318(a)�2�(C) and in Section 318(a)(3��C) thereof; and (ii) Section 318(a�(5�(C) shall
be disregarded. For purposes of determining ownership under this paragraph and
4
Ciry of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
constructive or indirect ownership under Section 318�a), ownership interest of less than ten
percent(10%) shall be disregarded and percentage interests shall be determined on the basis
of ihe percentage of voting interest or value which the ownership interest represents,which
is greater.
1.7 Billings
"Billings" or "Billing" or "Bill" means the statements of charges provided to Customers for
services rendered by Contractor.
1.8 Bin
"Bin" means a metal Container with hinged lids and wheels with a capacity of less than ten
(10)cu6ic yards.
1.9 Bin Service
"Bin Service` means Solid Waste Handling Services in which a Bin is used forthe Collection of
Solid Waste.
1.30 Bulky Items
"Bulky Item" means Solid Waste that cannot and/or would not typically be accommodated
within a Cart including specifically: furniture (including chairs, sofas, mattresses, and rugs�;
appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers,
plumbing, small household appliances and other similar items, commonly known as "white
goods"�; yard debris, Green Waste and small pieces of wood limited to one cubic yard of
contained material; electronic equipment (including stereos, televisions, computers and
monitors,VCRs, microwaves and other similar items commonly known as"brown goods"and
"e-waste"); fluorescent hul6s; household batteries; and clothing. Bulky Items do not include
car bodies, tires, Construc[ion and Demolition Debris or items requiring more than two
persons to remove. Other items�not specifcally included or excluded above will be Collected
provided that they are not more than eight feet in length, four feet in width, or more than
350 pounds. In the event a question ever arises as to whether a specific item or category of
items meets the definition of Bulky Items,City shall be responsible to determine whether said
definition shall apply,which determination shall be final and binding on the Parties.
1.11 Cart
"Cart" means a plastic Container with a hinged lid and wheels serviced by an automated or
semi-au[omated truck with a capacity of no less than 32-and no greater than 101-gallons.
5
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
1.12 City
"City" means City of Orange, California, a municipal corporetion, and all the territory lying
within the municipal boundaries of City as presently existing or as such boundaries may be
modified during the term of this Agreement.
1.13 Collect/Colleaion
"CollecY' or "Collection" means to take physical possession, transport, and remove Solid
Waste within and from City.
1.14 Commercial
"Commercial" refers to services performed at or for Commercial Premises.
1.15 Commercial Premises
"Commercial Premises"means Premises upon which business activity is conducted, including
but not limited to retail sales, services, wholesale operations, manufac[uring and industrial
operations, commercial and industrial construction and demolition activities, but excluding
Residential Premises upon which business activities are conducted when such activities are
permitted under applicable zoning regulations and are not the primary use of the property.
Notwithstanding any provision to the contrary in this Agreemen[, in the Orange Municipal
Code, or otherwise,for purposes of this Agreement, Premises upon which the following uses
(as defined in the Orange Municipal Code) are occurring shall be deemed to be Commercial
Premises:Assisted Living Facilities,Convalescent Homes, Dormitories, Extended Stay Motels,
Group Residential Facilities,Group Care Facilities, Hotels, and Motels.
1.16 Contractor
"Contractor' means CR&R Incorpora[ed, a corporation organized and operating under the
laws of the State of California and its officers, directors, employees, agents, companies and
subcontractors.
1.17 Contrector[ompensation
"Contractor Compensation" means the revenue received by Contractor from Customers and
City in return for providing services in accordance with this Agreement.
6
City of Orenge
Integreted Solid Waste Management and Street Sweeping Agreement
1.38 Construnion and Demolition Debris
"Construction and Demolition Debris` means Solid Wasie genereted at a Premises that is
directly related to construction or demolition activities occurring thereon.
1.19 Container
"Container" means any and all types of Solid Waste receptacles, including Carts, Bins and
Rolloff 8ozes.
1.20 CPI
"CPI" means the Consumer Price Index, Series ID: CUUR549ASA0, All items in Los Angeles-
Long Beach-Anaheim, CA, all urban consumers, not seasonally adjusted (U.S. Department of
Labor, Bureau of Labor Statistics.
1.21 Curb Mile
"Curb Mile" means a distance equal to 5,280 feet and is the measurement used to designate
those miles predetermined by City to be swept by Contractor.
1.22 Customer
"Nstomer" means a Person receiving Solid Waste Handling Services or Street Sweeping
Services from Contrector pursuant to the terms of this Agreement.
113 Disposal
"Disposal" means the ultimate disposition of Solid Waste Collected by Contractor at a landfill
or otherwise in full regulatory compliance.
1.24 Disposal5ite�s)
"Disposal Site(s�"means the Solid Waste handling Facility or Facilities utilized forthe ultimate
Disposal of Solid Waste Collected by Contractor.
1.25 Diversion
"Diversion" means any combination of waste prevention (source reduction�, recycling, reuse
and composting activities that reduces waste disposed at landfills, provided such activities
7
Ciry of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
are recognized by the California Department of Resources Recycling and Recovery
(CalRecycle) as Diversion in its determination of City's Diversion rate and compliance with AB
939.
116 Drainage Area Management Vlan
"Dreinage Area Management Plan ° (DAMP) means the Orenge County Drainage Area
Management Plan, as the same may be amended from time to time to include City's Local
Implementation Plan (LIP�.
1.27 Edible Food
"Edible Food" means all food intended and usable for human consumption. For edible food
to be recovered, it must meet applicable public health and food safety standards and must
be able to meet food recovery organizations' standards and requirements for acceptance
related to nutrition or quality. Edible food is not Solid Waste.
1.28 Environmental Laws
"Environmental Laws" means all federel and State statutes, county, local and City ordinances
concerning public health, safety and the environment including, by way of example and not
limitation, the Comprehensive Environmental Response, Compensation and Liability Act of
1980, 42 USC§9601 et seq.; the Resource Conservation and Recovery Act, 42 USC 46901 et
seq.;the Federal Clean Water Act,33 USC§1251 et seq.;the Toxic Substances Control Act, 15
USC 42601 et seq.;the Occupational Safety and Health Act,29 USC§651 et seq.;the California
Hazardous Waste Control Act,California Health and SafetyCode§25100 et seq.;the California
Hazardous Substance Account Act, California Health and Safety Code §25300 et seq.; the
Porter-Cologne Water Quality Control Act, California Water Code §33000 et seq.; the Safe
Drinking Water and Toxic Enforcement Act, California Health and Safety Code §25249.5 et
seq.;as currently in force or as hereafteramended,and all rules and regulations promulgated
thereunder.
1.29 Facility
"Facility" means any plant or site used by Contractor for purposes of performing under this
Agreement.
1.30 Food Waste
"Food Waste" means waste that will decompose and/or putrefy and is segregated for
Collection and Recycling. Food waste includes: (i) kitchen and table food waste; (ii)animal or
8
City of Orenge
Integreted Solid Waste Management and Street Sweeping Agreement
vegetable waste that is generated during or results from the storege, preparetion, cooking or
handling of food s[uffs; (iii) discarded paper that is contaminated with Food Waste; and, (iv)
fruit waste, grein waste, dairy waste, meat, and fish waste.
131 Green Waste
"Green Waste" means tree trimmings, brush, wood siumps, small pieces of wood, grass
cuttings, dead plants, leaves, branches,flowers, plant stocks, and dead trees (noi more than
six (6) inches in diameter or 48 inches in length)and similar materials.
132 Green Waste Processing Facility
"Green Waste Processing Facility" means a permitted Facility where Green Waste is sorted,
mulched or separated for the purposes of Recycling, reuse or composting.
1.33 Gross Receipts
"Gross Receipts" means any and all revenue received from Billings by Contractor, and
compensation in any form,of Contrec[or or subsidia ries,parent companies or other Affiliates
of Contractor,for the Collec[ion and trensportation of Solid W aste,and the provision of Street
Sweeping Services pursuant to this Agreement, in accordance with Generally Accepted
Accounting Principles, including, but not limited to, Customer fees for Collection of Solid
Waste, without subtracting Disposal fees, City fees or other fees or any other cost of doing
business.
1.39 Hazardous Substance
"Hazardous Substance"shall mean any of the following:(a)any su6stances defined,regulated
or listed (directly or by reference) as "Hazardous Substances", "hazardous materials",
"Hazardous Waste", "tozic waste", "pollutants" or "toxic substances" or similarly identified
as hazardous to human health or the environment, in or pursuant to (i) CERCLA; (ii) the
Hazardous Ma[erials Transportation Act, 49 CFR; (iii) the Resource Conserva[ion and
Recovery Act; (iv)the Clean Water Act;(v)California Health and Safety Code§§25115-25117,
25249.8, 25281, 25316, 25501 and 25501.1; (vi)the Clean Air Act, 42 USC§7401 et seq.; and
(vii) California Water Code §13050; (b) any amendments, rules or regulations promulgated
thereunder to such enumereted statutes or acts currently existing or hereafter enacted; and
(c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified
as hazardous or toxic or regulated under any other applicable federal, State or local
Environmental Laws currently existing or hereinaker enacted, including, without limitaiion,
friable as6estos, polychlorinated biphenyls ("PCBs°�, petroleum, natural gas and synthetic
fuel products,and hy-products.
9
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
1.35 Hazardous Waste
"Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous
Waste, or e�ctremely Hazardous Waste by the State of California in Health and Safety Code
§25110.02, §25115, and §25117 or in the future amendments to or recodifications of such
statutes or identified and listed as Hazardous Waste by the US Environmental Proteciion
Agency (EPA), pursuani to the Resource Conservation and Recovery Act, all future
amendments thereto, and all rules and regulations promulgated thereunder.
136 Household Hazardous Waste("HHW")
"Household Hazardous Waste" means Hazardous Waste genereted at Residential Premises.
137 Inclement Weather
"Inclement Weather" means weather conditions that prohibit the effective operation of
Street Sweeping operations, such as heavy rain or winds.
1.38 Materials Recovery Facility("MRF")
"Materials Recovery Facility' means a permitted Solid Waste Facility where Solid Wastes or
Recyclable Materials are sorted or separated for the purposes of Recycling, processing or
wmposting.
139 Multi-family Premises
"Multi-family Premises" means any 6uilding or loi containing five or more dwelling units.
Multi-family Premises generally receive Collection service through the use of Bins but may
use Carts.
1.90 Organics Recycling
"Organics Recycling" means the processing of Organic Waste or Organics for the purpose of
returning them to the economy in the form of raw materials for new,reused,or reconstituted
products, orfor conversion to energy.
10
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
1.41 Organics Waste
"Organic Waste" or "Organics" means Green Waste, Food Waste, manure, and any other
organic waste material which is acceptable to be delivered to an organics processing facility
such as an anaerobic digester, or composting facility.
1.42 Parking Lot
"Parking LoY' means an asphalt, concrete or other hard surfaced area primarily used for the
parking of automobiles.
1.43 Person
"Person" means any individual, firm, association, organization, partnership, corporation,
business trust,joint venture,the United States,the State of California,the County of Orange,
cities,and special purpose districts.
1.44 Premises
"Premises" means any land, or building in City where Solid Waste is genereted or
accumulated.
1.45 Rate Year
"Rate Year" means the period July 1 to June 30, for each year during the Term of this
Agreement.
1.46 Recycling
"Recycling" means the processing of Recydahle Materials for the purpose of returning them
to the economy in the form of raw materials for new, reused,or reconstituted products.The
Collection,transportation or Disposal of Solid Waste not intended for,or capable of, reuse is
not Recycling. Recycling does not include use of Solid Waste for conversion to energy.
1.47 Recyclable Materials
"Recyclable Materials" means Solid Waste that is Source Separated, has some potential
economic value, and is set aside, handled, packaged, or offered for Collection in a manner
different from Refuse in order to allow it to be processed for Recycling.
11
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
1.48 Refuse
"Refuse" means putrescible and non-putrescible Solid Waste.
1.49 Residential
"Residential"refersto services performed at and for Residential Premises,which include both
Single-Family and Multi-family.
1.50 Residential Premises
"Residential Premises" means Premises upon which dwelling units exist, including, without
limitation,Single-family and Multi-family Premises,apartments, boardingor rooming houses,
condominiums,mobile homes,efficiencyapartments,and second units. Notwithstanding any
provision to the contrery in this Agreement, in the Orange Municipal Code, or otherwise,for
purposes of this Agreement, Premises upon which the following uses are occurring shall not
be deemed to be Residential Premises, and rather shall be deemed to be Commercial
Premises:Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels,
Group Residential Facilities, Group Care Facilities, Hotels, Motels, and any other businesses
not specifically listed at which residency is transient in nature and hence should be classified
as Commercial Premises as determined by City on a case by case bases.
1.51 Re-Sweeps
"Re-Sweeps" mean those sweeps required of Contractor when previous sweeps have been
deemed by City to be of poor quality, or when a Street or sections of a Street have been
missed by Contractor during regularly scheduled Street Sweeping. Re-sweeps are completed
at the expense of Contractor, and shall be completed within 24-hours of notice, weather
permitting.
1.52 Rolloff Boz
"Rolloff Box"means a Solid Waste Collection Containers of 30-yards or larger ca pable of being
loaded via winch onto a rolloff vehicle equipped wiih rails.
1.53 581383
"SB 1383" means that state law adopted in 2016 that sets organics disposal reduction targets,
and provides CalRecycle the regulatory authority required to achieve the waste sector
aspects of the State of California's Short-Lived Climate Pollutant Plan.
12
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
1.54 Single-familyDwelling
"Single-family Dwelling" means a dwelling unit in a building containing four (4) or fewer
Residential dwelling units. Single-family Dwelling units generelly receive individual Cart
Refuse Collection service, but service type is not dependent upon unit count unless
specifically stated.
3.55 Solid Waste
"Solid Waste"means all discarded putrescible and non-putrescible solid,semisolid,and liquid
wastes, including Refuse, Construction and Demolition Debris, Bulky Items, Recyclahle
Materials, and Green Waste,or any combination thereof which are permitted to be disposed
of in a Class III landfill, and which are included in the definition of "Non-hazardous Solid
Waste" set forth in the California Code of Regulations.
1.56 Solid Waste Handling 5ervices
"Solid Waste Handling Services" means the Collection, transfer, transport, Recycling,
processing, and Disposal of Solid Waste.
1.57 Source Separated
"Source Separated" means the segregation bythe Waste Generator of individual components
of Solid Waste, which otherwise would become Refuse or garbage (such as glass bottles,
metal cans, newspapers, plastic containers, etc.) into separate Container(s) for the purpose
of allowing the Recycling of such materials.
1.58 Special5weeps
"Special Sweeps" means those required by Ci[y other than regularlY scheduled Street
Sweeping and involving unusual conditions such as traffic hazards, sewer overflow/spills,
special City events, etc. Billing for special sweeps is based on an hourly rate with travel time
excluded, as approved by City.
1.59 State
"Staie" means the State of California.
13
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
1.60 Streets
"Streets" means all dedicated public rights-of-way within the existing or future corporate
limits of Citythat are paved, whether curbed with or without gutters or uncurbed.
1.61 Street Sweeping
"Street Sweeping" means the removal by mechanical street sweepers of all debris from all
portions of the Street, including, but not limited to both sides of residential streets,adjacent
to residential reised medians,Street intersections,the areas adjacent to arterial Street curbs
and reised medians(such as leftturn pockets),the center striped areas of arterial streets,and
City owned alley ways.
1.62 Street Sweeping Debris
"Street Sweeping Debris" means all litter, rubbish, leaves, sand, dirt, garbage and other
foreign material removable from a paved Street with a mechanical street sweeper.
1.63 Street Sweeping Routes
"Street Sweeping Routes" means the designated street sweeping routes per the maps in
Appendix A.
1.69 Trensformation
'Transformation` means incineration, pyrolysis, distillaiion, gasification, or biological
conversion other than composting.
1.65 Transfer Station
"Transfer Station" means a Facility that received Solid Waste from Collection vehicles and
transfers the material to larger vehicles for transport to landfills and other destinations.
Transfer Stations may or may not also include MRFs,transferring residual Refuse(Refuse left
after the sorting of Recyclable Materials) to landfills and Recyclable Materials, including
Green Waste and/or Construc[ion and Demolition debris, [o processors, brokers or end-
users.
14
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
1.66 Travel Speed
"Travel Speed" means the sweeper operator speed in miles per hour while She sweeping head
is lowered in the operating position.
1.67 Waste Generator
"Waste Generetor' means any Person as defined bythe Pu61ic Resources Code,whose act or
process produces Solid Waste as defined in the Public Resources Code, or whose act first
causes Solid Waste to 6ecome subject to regulation.
2. GRANT AND ACCEPTANCE OF FRANCHISE
2.1 Grant and Acceptance of Franchise, Indemnity of Award
Subjeci io the terms and conditions of this Agreement and applicahle State laws, and to the
rights of State,county and school district facilities to use a Solid Waste enterprise other than
Contractor,City hereby grants to Contractor and Contrac[or hereby accepts from City,for the
Term in this Agreement, the exclusive franchise, right and privilege to provide Solid Waste
Handling Services at all Residential and Commercial Premises within City(the "Franchise").
Contractor agrees to and shal I timely take all actions that are reasonably necessary to defend
the validity and enforceability of this Agreement and shall pay all costs rela[ed to such
defense. Contrector shall defend, indemnify, protect and hold harmless, City, its officers,
agents and employees from any and all claims, actions or proceedings to attack, set aside,
void, annul or seek monetary damages resulting from an approval by City of this Agreement.
City shall promptly notify Contractor of any such claim, action, or proceeding. City and
Controctor shall meet in good faith in an effort to come to a mutual agreement for a joint
defense; provided that City shall be entitled to select legal counsel of its choice to conduct
the defense if an agreement cannot be reached. Contrac[or's obligations to pay all costs,
defend, indemnify, protect and hold harmless under this section shall not be altered in [he
event City retains separate counsel and shall also include reimbursement to City for time
spent by its in-house City attorneys responding to the litigation.
2.2 Enforcement of Ezclusivity
Contractor shall be responsible for enforcing[he exclusivity of this Agreement. City shall have
ihe right to enforce the exclusivity provisions in this Agreement if, in its absolute and sole
discretion, it chooses to do so, but shall have no obligation to do so for the benefit of
Contractor or otherwise. City additionally shall have the right, 6ut not the obligation, to
request that Contrector enforce the exclusivity provisions in[his Agreement.Contractor shall
15
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
have an a�rmative obligation to enforce such exclusivity provisions when requested to do so
6y City. If Contractor requests that City take administrative, law enforcement, or other legal
action to protect Contractor's exclusive rights, or otherwise enforce the exclusivity of this
Agreement (including the adoption of any resolution or ordinance intended to facilitate the
enforcement of the exclusive rights granted in this Agreement), Contrector shall reim6urse
City for all administrative, law enforcement, or other legal costs and fees related to any such
action. Contractor's obligation to reimburse City shall not apply to any criminal enforcement
by City.
23 Effective Date
The "Effective Date" of this Agreement shall be the date which City Council approves this
Agreement.
2.4 7erm of Agreement-Solid Waste
The initial term of this Agreement (the "Term") shall be five (5) years and six (6) months,
commencing on January 1,2020,and expiring June 30,2025,subject to extension as provided
in this Agreement. Notwithstanding the foregoing, the unexcused failure or refusal of
Collector to perform any material term, covenant, obligation or condition contained in this
Agreement shall give rise to the right, in favor of City, for earlier termination of this
Agreement for cause in accordance with the procedures elsewhere contained in this
Agreemen[.
2.5 Option to Eztend 7erm
The term of this Agreement may be extended 6y mutual agreement of the parties for three
each additional three-year periods. Either Party intending to extend the Term for an
additional three-year period shall notify the other Party of its desire to do so no later than
twelve(12) months priar to the end of the then existing Term.
2.6 Representations and Warrenties of Contractor
Contractor hereby covenants, represents,and warrants ihe following to Ciiy for the purpose
of inducing City to enier into this Agreement and to consummate the transaction
contemplated hereby,all of which shall be true as of the date of this Agreement and as of the
Effective Date:
1. Contrectorisvalidlyezistingasacorporationunderthelawsofthe5tateofCalifornia.
16
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
2. NeithertheexecutionofthisAgreementnorthedeliverybyContreaorofservicesnor
the performance byContractor of its obligations hereunder:(1)conflicts with,violates
or results in a breach of any applicable law; (2) conflicts with, violates or results in a
breach of any term or condition of any judgment, decree, agreement (induding,
without limitation, the certificate of incorporation of Contractor) or instrument to
which Contractor is a party or by which Contractor or any of its properties or assets
are bound, or constitutes a default under any such judgment, decree, agreement or
instrument; or(3)will result in the creation or imposition of any encumbrence of any
nature whatsoever upon any of the properties or assets of Contractor.
3. There is no action, suit or other proceeding as of the date of this Agreement, at law
or in equity,or to the hest of Contractor's knowledge, any investigation, before or by
any court or governmental authority,pending or threatened against Contractor which
is likely to resul[ in an unfavorable decision, ruling or finding which would materially
and adversely affect the validity or enforcea6ility of this Agreement or any such
agreement or instrument entered into by Contractor in connection with the
trensactions contemplated hereby,orwhich could materially and adversely affeathe
ability of Contractor to perform its obligations hereunder or which would have a
material adverse effect on the financial condition of Contrector. This provision may
be waived by the City acting through its City Manager.
4. Contractor has no knowledge of any applicable law in effect as of the date of this
Agreement that would prohibit the performance by Contrector of this Agreement and
the trensactions contemplated hereby.
5. Contractorhasmadeanindependentinvestigation,satisfac[orytoit,oftheconditions
and circumstances surrounding this Agreement and the work to be performed by it,
and is satisfied that those conditions and circumstances will not impair its ability to
perform the work and provide the Solid Waste Handling and Street Sweeping services
required by this Agreement.
6. The information supplied by Contractor in all su6mittals made in connection with
negotiation and execution of this Agreement, including all materials in Exhibits of this
Agreement, and all representations and warranties made by Contractor throughout
this Agreement are true, accurate, mrrect and complete in all material respects on
and as of the Effective Date of this Agreement. Note that inaccuracies in Contractor's
submittals,are grounds for termination of this Agreement.
7. Contractor's representative, designated in Section 61.4, shall have authority in all
daily operational matters related to this Agreement. City may rely upon action taken
17
City of Orenge
Integreted Solid Waste Management and Street Sweeping Agreement
by such designated representative as action of Contractor unless the actions taken are
not within the scope of this Agreement.
8. Contractor has complied and shall at all times during the term of this Agreement
comply, in all respects, with all immigration laws, regulations, statutes, rules, codes,
and orders, including,without limitation,the Immigration Reform and Control Act of
1986 (IRCA). Contrector further represents and warronts that it has not and will not
knowingly employ any individual to perform services under this Agreement who is
ineligible to work in the United States or under the terms of this Agreement.
Contractor has properly maintained and shall at all times during the term of this
Agreement properly maintain, all related employment documentation records
including, without limitation, the completion and maintenance of the Form I-9 for
each Contractor's employees. Contractor has responded,and shall at all times during
the Term of this Agreement respond,in a timely fashion to any govern ment inspection
requires relating Yo immigration law compliance and/or Form I-9 compliance and/or
worksite enforcement by the Department of Homeland Security, the Department of
Labor, or the Social Security Administration. Contractor shall require all
subcontrec[ors and/or sub-consultants to make these same representations and
warranties when hired to perform services under this Agreement.
9. The Santa Ana Regional Water Quality Control Board ("RWQCB") has issued National
Pollutant Discharge Elimination System ("NPDES") Permit No. R8-2009-0030 (Ihe
"Permit"),which govemssmrm water and non-storm water discharges resultingfrom
municipal activities performed by the City or its contractors. In order to comply with
the Permit requirements, the County of Orange has prepared a Drainage Area
Management Plan ("DAMP"), containing Model Maintenance Procedures with Best
Management Practices("BMPs")that the City and its contractors must adhere to.The
Model Maintenance Procedures contain pollution prevention and source conirol
techniques to minimize the impact ofthose activities upon dry-weather urban runoff,
storm water runoff, and receiving water quality. Examples include: wash water from
cleaning of sidewalks or Parking Lots must be collected and disposed of in the sewer
or landscaped areas. The Permit,the DAMP and the Model Maintenance Procedures
are on file in the office of the City's Direcior of Public Works,which is located at 300
E. Chapman Avenue in She City of Orange. The Contractor hereby acknowledges that
it has read, reviewed and understands the Permit, the DAMP and the Model
Maintenance Procedures, as chey relate to the Street Sweeping services and hereby
agrees to perform the Street Sweeping services in conformance therewith.
18
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
2.7 Conditions to Effectiveness of Agreement
The satisfaction of each and all of the conditions set out below, each of which may be waived
in whole or in part by Ciiy in writing, is a condition precedent to the effectiveness of this
Agreement, and a condition of Contractor's continued right to the benefiis conveyed in this
Agreement:
a) Accurecy of Representations. All representations and warranties made by
Contractor and set forth in this Agreement shall be acwrote,true and mrrect
on and as of the Effective Date and shall remain so during the Term of this
Agreement.
b) Absence of Litigation. There shall be no litigation pending in any court
challenging the award of this Franchise to Contractor or the execution of this
Agreement or seeking to restrain or enjoin its performance.This provision may
be waived by the City,acting through its City Manager
c) Furnishing of Insurance, Bond, and Letter of Credit. Contractor shall have
furnished evidence of the insurence, bonds and letter of credit required by
Section 10 and shall comply with all ongoing requirements relating thereto.
Contractor shall have paid the contracting fee to City, as provided in Section 0.
2.8 Delegation of Authority
The administration of this Agreement by City shall be under the supervision and direction of
City Manager's office and the actions specified in this Agreement, unless otherwise stated,
shall be taken by the City Manager, or his or her designee. This section shall in no way 6e
interpreted to obviate required City Council action if so provided in the Orange Municipal
Code.
2.9 Limitations to Scope
Notwithstanding any provision to the contrary contained in this Agreement, the exclusive
franchise, right and privilege to provide Solid Waste Handling Services at Premises within Ci[y
grented to Contrector by this Agreement specifically excludes the following services, which
services may be provided by Persons other than Contrac[or and which may 6e the subject of
other permits, licenses, franchises or agreements issued or entered by City:
a) The sale or donation of Source Separated Recyclable Material by the Waste
Generator to any Person or entity other than Contractor; provided, however,
19
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
to the eMent permitted by law, if the Waste Generator is required to pay
monetary or non-monetary consideration for the Collection, transportation,
transfer, or processing of Recyclable Material, the fact that the Waste
Generator receives a reduction or discount in price (or in other terms of the
consideretion the Waste Generator is required to pay)shall not be considered
a sale or donation;
b) Solid Wasie, including Recyclable Materials and Green Waste, which is
removed from any Premises by the Waste Generator,and which is transported
personally by such Waste Generetor (or by his or her full-time employees) to
a processing or Disposal Facility in a mannerconsistent with all applicable laws
and regulations;
c) Green Waste removed from a Premises by a gardening, landscaping, or tree
trimming Contractor, utilizing its own equipment, as an incidental part of a
total service offered by that Contractor rather than as a hauling service;
d) The Collection, transfer, transport, Recycling, processing, and Disposal of
animal remains from slaughterhouse or butcher shops for use as tallow;
e� The Collection, transfer, transport, Recycling, processing, and Disposal of by-
products of sewage treatment, including sludge, sludge ash, grit and
screenings;
f) The Collection, trensfer, transport, Recycling, processing, and Disposal of
Hazardous Substances, Hazardous Waste, Household Hazardous Waste and
radioactive waste regardless of its source;
g) Construc[ion and Demolition Debris which is removed by a duly licensed
construction or demolition company or as part of a total service offered by
said licensed company or by the City, where the licensed company utilizes ics
own equipment;
h) The Collection,transfer,transport, Recycling, processing,and Disposal of Solid
Waste by City through City officers or employees in the normal cou rse of their
City employment; and,
i) Solid Waste Handling Services for governmental agencies other than City,
which may have facilities in City, but over which City has no jurisdiction in
connection with the regulation of Solid Waste.
20
City of Orenge
Integreted Solid Waste Management and Street Sweeping Agreement
The exclusive franchise, right and privilege to provide Solid Waste Handling Services within
City granted to Contractor by this Agreement shall be interpreted to be consistent with all
applicable State and federal laws, now in effect and adopted during the term of this
Agreement, and the scope of this Agreement shall be limited by all applicable current and
developing laws and regulations. In the event that future interpretations of current law,
future enactments or developing legal trends limit the ability of City to lawfully grant
Contrac[orthe scope of services as specifically setforth in this Agreement,Contractor agrees
that the scope of this Agreement will be limited to those services and materials which may
be lawfully provided, and that City shall not be responsible for any resulting lost profits
claimed by Contractor.
2.10 City's Right to Direc[Changes
2.10.1 General
City may direct Contrec[orto perform additional services (including new Diversion progrems,
additional Solid Waste processing, etc.) or modify the manner in which it performs existing
services or Bills for services. Pilot programs and innovative services which may entail new
Collection methods, and different kinds of services and/or new requirements for Waste
Generators are included among the kinds of changes which City may direct. Contractor
acknowledges that State law may increase the Diversion requirement during the term of this
Agreement and Contrector agrees io propose services to meet such Diversion requirements.
Contractor shall be entitled So an adjustment in its Contractor Compensation for providing
such additional or modified services, including a profit factor equal to ten percent (10%) of
the incremental cost of such additional or modified services. If City and Contractor cannot
agree on compensation for new or additional services, then City may contract with other
parties for such services,which shall be considered exempt from the ezclusivity provisions of
Section 2.1.
2.10.2 New Diversion Programs
Contractor shall present, within thirty (30) days of a request to do so by City, a proposal to
provide additional or expanded Diversion services. The proposal shall contain a complete
description of the following:
a) Collection methodologyto be employed (equipment, manpower, etc.).
b) Equipment to be utilized (vehicle number,types, capacity, age, etc.�.
c) Labor requirements (number of employees by classification).
21
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
d) Type(s)of Containers to be utilized.
e) Type�s)of material to be Collected.
f) Provision for program publicity/education/marketing.
g) Three-yearprojectionofthefinancialresultsoftheprogrem'soperetionsinan
operating statement format including documentation of the key assumptions
underlying the projections and the support for those assumptions.
2.31 Ownership of Solid Waste
City and Contrector understand and agree that it is Contractor, and not City,who will arrenge
to Collect Solid Waste,that City has not,and,by this Agreement does not,instruct Contractor
on its Collection methods, nor supervise the Collection process; nor do the Parties intend to
place title to Solid Waste Collected by Contractor in City. Rather, the Parties intend that
whatever, if any, title in and to the Solid Wasie that is Collected by Contractor which
otherwise might exist in or with City in the absence of this Agreement is hereby transferred
to Contractor; and further that if Contrector gains title to such Solid Waste it is by operation
of law and agreement with its Customers and is not the result of this Agreement. Subject to
the provisions of this Agreement, and unless City exercises its rights to direct the location for
Disposal and processing of Solid Waste, Contractor shall have the right to retain, Recycle,
process, dispose of, and otherwise use Solid Waste Collected pursuant to the terms in this
Agreement in any lawful fashion or for any lawful purpose; and,further, shall have the right
to retain any benefit resulting from its right to retain, Recycle, process, dispose of, or reuse
the Solid Waste which it Collects.Ownership of Solid W aste shall trensfer to Contractor when
Customer places it at poini of Collection.
2.12 ContractorAuthorization
Contrac[or represents and warrants Iha[ it has the authority to en[er into and perform its
obligations under this Agreement. The 8oard of Directors or partners of Contractor (or the
shareholders,if necessary)have taken all actions required by law,its articles of incorporation,
its bylaws or otherwise to auchorize the ezecution of this Agreement.The Persons signing this
Agreement on behalf of Contractor have authority to do so. Contrector shall authorize one
employee to serve as a single point of contact for the City for issues arising under this
Agreement, and Contractor acknowledges and agrees that City may expect and assume that
this employee's actions are taken on behalf of and with the full approval of the Contractor.
22
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
2.13 Permits and Licenses
Contractor shall acquire and maintain all necessary permits and licenses for ihe Collecting,
transporting, processing, and storing of Solid Waste and Recyclables, disposing of Solid
Waste, the Recycling of Recyclables, and the disposition of any waste produc[ as a result of
sweeping the streets, as required under this Agreement. failure to maintain all required
permits shall be deemed a material breach of contrect for which City may terminate this
Agreement as provided in Section 12.2. Contractor must follow requirements of the Orange
Municipal Code, including, but not limited to, obtaining a City of Oronge business license.
3. FEES PAID TO THE CITY
In addition to any other considerotion setforth in this Agreement,as part of its consideretion
for entering into this Agreement,and for the exclusive franch ise, right and privilege to provide
Solid Waste Handling and Street Seeping Services as specifed in this Agreement, Contractor
shall provide the following:
3.1 City Fees
3.1.1 Public Education Fee
To support City's outreach and administration of various Solid Waste programs, public
education efforts and awards, Contractor shall pay an annual Public Education Fee to City in
an amount equal to fifty-four thousand dollars ($54,000).
3.1.2 Administrative Fee
To support City's contract enforcement costs, Contractor shall pay an annual Administrative
Fee to City in an amount equal to ninety thousand dollars ($90,000).
3.13 Edible Food Recovery Fee
To support the Citys efforts to fight food insecurity and reduce the amount of Edi61e Food
sent to landfills, Contrac[or shall pay an annual Edi61e Food Recovery Fee to the Ci[y in an
amount equal to twenty-fourthousand dollars($24,000�.
3.1.4 Annual Adjustment of Fees
The fees outlined in this sec[ion shall he adjusted annually bythe change in CPI,as defined in
Section 120, for the 12-month period ended the prior Decembec The new fee will go into
23
City of Orenge
Integreted Solid Waste Management and Street Sweeping Agreement
effect with each luly 1 payment (first adjustment applies to fee payments effective July 1,
2020).
3.1.5 Timing of Fee Payments
Public Education Fee,Administrative Fee, and Edible Food Recovery Fee shall each be paid in
four equal quarterly installments, hy lanuary 1", April Sst, July 1" , and October 1" of each
year. The first payment shall be due on lanuary 1, 2020. If a fee is not paid on or before the
due date, Contractor shall pay to City a penalty in an amount equal to ten percent (10%) of
the amount owing for that quarter, plus interest at a rate of one and one-half (1.5%) per
month.
3.2 Future Fees
In the event that City implements a new fee,Contractor shall be entitled to a rate adjustment
in an amount sufficient to recover the fee from Customers.City may elect to have Contrector
pay monthly in accordance with the requirements of Section 3.1.5,or on another schedule as
City identifies. City may set deadlines and late fees, and additional fees would 6e subject to
audit.
4. DIRERSERVICES—WASTEMANAGEMENT
0.1 Refuse
4.1.1 Generel
The work to be done by Contractor pursuant to this Agreement shall include, but not be
limited to, the furnishing of all labor, supervision, equipment, materials, supplies, and all
other items necessary to perform the services required. The enumeration of, and
specification of requirements for, particular iiems of labor or equipment shall not relieve
Contractor of the duty to furnish all others, as may be required, whether enumerated
elsewhere in the Agreement or not, and shall be in full compliance with the Safety Orders
Regulations of the Division of Industrial Safety of the State of California, Title 8, California
Code of Regulations (CAL/OSHA�, and all applicable OSHA regulations as well as all other
applicable California regulations.
The work to be done by Contractor pursuant to this Agreement shall be accomplished in a
thorough and professional mannersothat all Customers are provided reliable,courteous and
high-quality Solid Wasie Collection Services at all times. The enumeration of, and
specification of requirements for, particular aspects of service quality shall not relieve
24
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
Contractor of the duty of accomplishing all other aspects in the manner provided in this
section, whether such other aspects are enumerated elsewhere in the Agreement or not.
4.11 Residential Cart Refuse Collection
Contrector shall provide all Customers at Single-family and Multi-family Premises without Bin
Service, with one Cart ("Refuse Cart(s�") and shall Collect all Refuse placed in the Cart for
Collection not less than once per week. If there is a dispute between a Customer and
Contractor as to whether Cart or Bin service shall be provided, City will make the final
determination.
Contractor may charge the Customer based on each Customers size and number of Refuse
Carts according to the monthly rate schedule in Exhibit A. Customers that regularly require
more than one Refuse Cart may request additional Cartsfor an additional charge per Cart per
month in accordance with the rate in Exhibit A.
4.1.3 Alley Collection
The alley shall remain the point of Collection for Residential Customers that have historically
had Containers Collected in the alley. Such Customers shall receive the same services as
Customers with curbside Collection.
4.1.4 Refuse Cart Overege
Residential Cart Customers may periodically generete more Refuse than will fit in the Refuse
Cart(s�. Resideniial Customers are therefore entitled to two pickups per calendar year of
material that does not fit in the Refuse Cart(s)at no additional cost. One pickup shall consist
of up to the equivalent of three (3) large bags, boxes or 6arrels of Refuse. Contractor shall
Collect all Refuse put out for Collection in addition to the foregoing two (2) pickups to be
provided at no charge. Residential Customers may be charged per pickup in accordance with
the approved rate schedule for overage pickups above two (2) per year. In addition to the
two(2)free pickups, Contrector shall Collect all additional Refuse placed out for Collection in
the Residential Customer's own Containers (bags, barrels, etc.) at no additional charge for
two weeks beginning each December 26.7his service is li mited to Refuse that could otherwise
be placed in the Refuse Cart, and not Bulky Items which are Collected in accordance with
SecYion 1.10 and 4.1.16. Commercial Customers may request Cart overage Collections in
accordance with the approved rate but are not entitled So free overage Collections.
25
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
4.1.5 Backyard Service for the Disabled
Contractor shall provide disabled Cusiomers with backyard service at no additional charge.
Contractor shall remove Refuse, Recyclable and Green Waste Containers and Green Waste
bundles from Customer's storage area, place them out for Collection, and retum Containers
to Customer's storage area aker Collection, ensuring that all doors or gates are closed
securely. To qualify as a disa6led Customer under this section, Customers must have been
issued a handicap placard from the Department of Motor Vehicles or otherwise obtain
approval to receive such service from the City. Additionally, backyard service need not be
provided if an able-bodied person resides with the disa6led Customer.
4.1.6 Bin Refuse Collection
Contrector shall provide Bin Service to Single-family Customers that request this service,
Multi-family Customers not receiving Cart service, and Commercial Customers. Contractor
shall Collect and remove all Refuse that is placed in Bins from the property of Customers
receiving Bin Service, at least once per week and more frequently if required to handle the
waste generated at the Premises where the Bins are located. City shall make final
determination as to the number and size of Containers, and frequency of Collection to be
provided to Customers. Special consideration shall be given when determining the pickup
areas to ensure that the flow of traffic is not impeded.
Contractor shall provide 2, 3, 4, and 6 cubic yard Bins upon request. Contractor will service
Bins equipped with compaction devices or "compactors" that attach to the 8ins. The
provision of the compaction device itself is outside this Agreement.
Contractor may charge the Customer based on each Customer's size and number of Refuse
eins according to the monthly rate schedule in Exhibit B.
4.1.7 Commercial Premises Cart Service
As an alternative to the requirements of Section 4.1.6,Contractor shall offer Collection in 96-
gallon Refuse Carts to Customers at Commercial Premises that do not have space for, or do
not generate enough waste to require the use of Binsfor Collection. Each Commercial Refuse
Cart will be charged at the Commercial Cart rate in Exhibit B. If Contractor and Customer
have a disagreement as to whether a Refuse Cart is appropriate, or if City determines the
Collection in a Refuse Cart causes health and safety or other concerns, City shall make the
final determination as to whether Collection in a Refuse Cart may occur. Services, such as
Bulky Item pickups and Recyclables Collection, shall 6e provided to Commercial Cart
Customers as allowed for Commercial Bin, and not Residential Customers.
26
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
Contractor may charge the Customer 6ased on each Customer's size and number of Refuse
Carts according to the monthly rate schedule in Exhibit B.
4.1.8 Overflowing Commercial Containers
Customers that regularly produce more Refuse than their current level of service can
accommodate may have their service level increased in accordance with the following
pracedure:
a) First Incident in Three Month Period - If more material is placed for Collection
than fits in a Bin or Cart (unless Collection of the overage has been properly
arranged under Section 4.1.4), Contractor shall photogreph the overflowing
Container, Collect the Solid Waste, and send to the Customer (at both the
service and billing addresses) the picture and a letter instruaing that the next
instance of an overflowing Container may result in a charge,and possibly in an
increase in the level of service.
b) Second Incident in Three Month Period - Upon the second event of an
overfilled Bin or Cart �unless Collection of the overage has been properly
arranged under Section 4.1.4) in a three-month period, Contractor shall
photograph the overflowing Container, Collect the Solid Waste, and send to
the Customer the picture and a letter instructing that a third incident in that
same three month period may result in an increase in the level of service. If
the Bin overflowed sufficiently to require the driver to leave the Collection
vehicle to clean around the Bin, Contractor may charge the Bin Overage
Cleanup fee in the approved rate schedule. If Refuse was left beside the Cart
for Collection other than as permitted under Section 4.1.4, Contractor may
charge the Cart Overage Fee in Exhi6it B.
c) Third Incident in Three Month Period - Upon the third event of an overfilled
ein or Cart(unless Collection ofthe overage has heen properlyarranged under
Section 4.1.4) in a three-month period, Contractor shall photograph the
overtlowing Container, Collect the Solid Waste,and send to the Customerthe
picture and a letter requesting that Customer increase its service level. If the
Customer declines, Contractor may petition City to permit Contractor to
increase the service level to accommodate the higher demand for service. If
the Bin overflowed sufficiently to require the driver to leave the Collection
vehicle to clean around the Bin, Contractor may charge the Bin Overage
Cleanup fee in the approved rate schedule. If Refuse was lek heside the Cart
for Collection other than as permitted under Section 4.1.4, Contractor may
charge the Cart Overage Fee in Exhibit B.
27
City of Orange
Integrated Salid Waste Management and Street Sweeping Agreement
This procedure shall also apply to Bins that exceed a total weight of seven hundred fifty
pounds per Bin (75016s. per Bin�,or an average weight in excess of one hundred fifty pounds
per cubic yard (1501bs. per cubic yard�. In the event the Contractor identifies Customer Bins
that exceed either of these weight limits, Contractor may weigh the ein and document the
weight of the Bin. Contractor may notify Customer of the overweight Bin and weight
requirements. Uponthethirdincidentotcurringinamonth,ContractormayassessCustomer
the Overage Clean up Bin service per lift as shown in Exhibit 8.
4.1.9 Rolloff Boz Service
Contractor shall provide exclusive (as limited by Section 2.9) permanent and temporary
Rolloff Box and Compactor Collection service upon request. Contractor must deliver a
temporery Rolloff Box to a Customer within twenty-four (24) hours of request (excluding
Saturdays,Sundays,and holidays identified in Section 4.6.1.1�.Contractor may not charge for
any services not listed in the rete schedule without prior approval of the City.
Contrector shall provide standard 10, 30 and 40-cubic-yard standard Rolloff Boxes, or
Compactors. The furnishing of Compactor Rolloff Boxes, which are enclosed Containers
attached to a compaction device, is not included in this Agreement. Providing service to such
compactor Rolloff Boxes is included.
Contractor may charge the Customers for Rolloff Box Service based on each Customer's
number of loads and amount and type of tons according to the rates shown in Exhibit C. The
first four(4)tons Collected in any Rolloff load shall be Collected at no charge pursuant to the
tonnage limit shown in Exhibit C.
9.1.10 Temporary Bin Service
Contractor shall provide exclusive (as limited by Section 2.9) temporary Bin Service to
Cusiomers upon request. Contractor must deliver a temporary 8in to a Customer within
twenty-four (24) hours of request (excluding Saturdays, Sundays and holidays identified in
Section 4.6.1.1�. Rates for temporary Bin Service are listed in Exhibit 8.
4.1.11 Scout Vehicles
Scout vehicles are defined as vehicles that transport a Solid Waste Container to and from the
point of Collection by a Collection vehicle. Scout vehicle service may be charged for in
accordance with the approved rote schedule under the following circumstances: 1) by
request of City or Customer; 2) when Contractor's smallest Collection vehicles can not
physically service the Containers; or 3) use of even the smaller Collection vehicles would
28
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
cause damage to private access roads. Disputes between the Contractor and the Customer
as to whether scout service will be used will be decided and settled by the City Manager.
Contractar may charge the Customers for Scout Service acwrding to the retes shown in
Exhibit B.
4.1.12 Bin Pushout Service
Contractor may not charge a fee for pushing or rolling Bins to point of Collection.
4.1.13 Smaller Collection Vehicles
Some areas ofthe Cityare located on alleys,streets and hillsthat are difficult to service using
standard size Collection vehicle, but can be serviced using a smaller Collection vehicle. 7hese
areas shall be serviced using a smaller Collection vehicle. Customers may not be charged an
extra fee for receiving service with small Collection vehicles.
4.1.14 Locking Bins
Contractor shall provide locking Bin Service (providing the hasp and lock and servicing the
lock)to Customers that request such service in accordance with the approved rote schedule.
4.1.15 Redelivery/ReturnTripFee
Contractor may charge a Redelivery/Return Trip Fee according to Exhibit B or Exhibit C in the
event that Contractor arrives on time for a scheduled Collec[ion of Bins or Rolloff Boxes, is
impeded from Collection due to Container being blocked orotherwise unable to be Collected
due to issues within the Customer's control, and Contractor must return a second time for
Collection.The Redelivery/Return Trip charge may be assessed for the trip, but not per Bin or
Rolloff Boz, in the event of a Customer with multiple Bins or Rolloff 8ozes.
4.1.16 On-Call Bulky Item Pickup
Contrector shall provide Bulky Item pickup service to all Single-family and Multi-family
Customers. Each Residential Cart Customer, and Single-family Customers with Bin service,
shall be entitled to four Bulky Item pickups per calendar year at no additional charge. Each
dwelling unit of each Residential Bin Customer with more than four units shall be entitled to
one Bulky Item pickup per calendar year for each dwelling unit at no additional charge.
Customers may pui out up to four (4) 8ulky Items at each pickup. Contractor may instruc[
Customers to provide Contractor with a minimum of one 6usiness days notice for the items
which shall be Collected on the Customer's regular Collection day. Contractor shall Collect all
29
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
Bulky Items as defined in Section 1.10 including items referred to as electronic waste or "e-
waste".The following provisions shall applyto this program:
a) No single item that cannot be handled by two workers will be accepted.
b) The following items will not be picked up: Hazardous Substances, Hazardous
Waste, including waste oil or anti-freeze (For the purposes of this section,
universal wastes such as fluorescent bulbs, household batteries, and
televisions, monitors and other items referred to as "e-waste" are not
considered hazardous and shall be Collected by and disposed of in accordance
with this section as well as Sections 4.1.17 and 4.1.18 by Contranor.
c) Contreccor shall record by dass and weight(in tons)the Solid Waste Collected
from Bulky Item pickups. Contractor shall record the kinds and weights (in
tons) of this Solid Waste that is diverted from the landfill through Recycling,
reuse,Transformation or other means of Diversion.
Residential Customers that exceed the num6er of free pickups and Commercial Customers
may receive Bulky Item Collection under the same terms for a fee, in accordance with the
approved rate schedule in Exhibit A and Exhibit B.
4.1.17 Bulky Item Diversion
Bulky Items Collected by Contractor in accordance with Section 4.1.16,or otherwise Collected
under this Agreement, may not be landfilled or disposed of until the following hiererchy of
Diversion efforts have been followed by Contrac[or:
a) Reuse as is
b) Disassemble for reuse or Recycling
c) Retycle
d) Disposal
To accomplish this hierarchy, Contractor shall Collect Bulky Items in a separate vehicle
designated for that purpose. Contractor shall not Collect Bulky Items into front or rear
loading packer vehicles directly from the Customer's Collection location.
30
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
4.1.18 Diversion of Electronic and Other Special Wastes
Contractor shall divert waste requiring special handling, such as electronic waste, or "e-
waste", Collected in accordance with Sections 4.1.16, 4.1.17 or 4.5.6, or by other means
under this Agreement, by taking these goods to a properly permitted Facility, and not by
landfilling.
4.2 Recycling
4.2.1 Single-familyRecyclingCollection
Contractor shall provide all Customers receiving Cart Refuse Collection, and Single-family
Premises with Bin service,with a Cart for Collection of Recyclable Materials and shall Collect
all Recyclable Materials placed in Carts forCollection not less than once perweek. Contrector
shall Collect Recyclable Materials from each Customer on the same day as Customers' Refuse
Cart is Collected. Contractor shall have a Retycling progrem whereby it, at a minimum,
collects all materials that can be recovered at the local processing Facility used by Contractor.
Contractor shall update public education materials accordingly as new items are added to
those recovered bythe Facility. Upon Customer request, Contractor shall provide Customers
with one additional Recycling Cart at no additional charge. Residents with Recycling Carts
beyond two per dwelling unit may be charged in accordance with Exhibit A.
4.2.2 Multi-family and Commercial Recyclables Collection
Upon Customer request or City direction, Contractor shall provide Recycling Collection
service to Multi-family and Commercial Customers requesting it from the Contractor.
Contractor may purchase Recyclable Materials from its Customers as well. The Contractor
agrees to provide Recycling Bins or Carts to such Customers in sufficient quantities to meet
the Recycling needs of each Customer. Recycling Collection programs shall be made available
at a minimum for the same materials as included above in Section 4.2.1 for the Single-family
Recycling program. Contractor also agrees to make programs available for all other
Recyclable Materials for which it has established markets.
For the provision of Multi-family Green Waste Collection Service, Contractor shall charge
Customers rates that are 85%of the rate for Refuse Collection Service for an equivalent level
of service(i.e.,the same size and num6er of Containers, and number of pickups per week�.
4.2.3 WarningNotiGe
Contractor shall place a red tag or other warning notice approved hy the City on all Residential
and Commercial Recyclable Material or Green Waste loads that are contaminated, indicating
31
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
to the Customer why the load was not Collected and diverted, and providing Contractor's
phone number.For Bin Customers,or Cart Customers with off-site management such as small
apartment buildings,Contractor shall also mail a copy of the warning to the Customer's Billing
address. Contractor shall notify City on a monthly hasis of any warning notices issued
pursuant to this section and shall provide copies of such warnings to City upon request.With
prior written City authorization, Contractor may remove Recycling and Green Waste
Coniainers from habitual contaminators that have received a total of three warnings on
either or both Containers in any six-month period. Residential Recycling and Green Waste
Containers will be returned only after six months, or upon direction of the City, or if there is
a change of occupancy.Commercial Containers will be returned upon direction of the City,or
if there is a change of occupancy.
Contractor shall visually inspect the contents of Residential Refuse Carts and, if significant
Retyclable Maierials are found, leave a notice educating Customer to be[ter separate
Recyclable Materials from Refuse.
4.2.4 Marketing and Sale of Recyclable Materials
Contractor shall be responsible for marketing and sale of all Recyclable Materials Collected
pursuant to this Agreement. Contractor may retain revenue from the sale of Recyclable
Materials and shall report the amount of such revenues to City upon request.
4.2.5 Minimum Diversion Requirement
Contrector agrees to implement measures to meet the requirements of AB 939 with respect
to the waste stream covered by this Agreement. Contractor shall recycle or divert from
landfill sufficient waste to ensure that the City meets current requirements under AB 939.
Currently, all jurisdiction in California are required to divert sufficient waste from landfills
such that they do not exceed their targeted per capita disposal as measured in pounds per
person per day. Contrector shall 6e considered to have met this requirement if the City's
actual per capita disposal is less than itstargeted per capita disposal as shown in its Electronic
Annual Report to the California Department of Resources Recycling and Recovery
(CalRecycle). In any year that the CitWs actual per capita disposal exceeds its targeted per
capita disposal, the City may assess liquidated damages pursuant to Section 12.3 for failure
to meet[his goal.
In the event that che State increases Diversion requirements for local jurisdictions, the City
and Contractor will discuss applicable solutions and programs to meet the new Diversion
requirements. City and Contractor agree to negotiate with respect to any additional servi�es
related to AB 939, which Contrac[or and City agree to implement. Further indemnification
and guarontee with respect to AB 939 is described in Section 103.
32
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
4.2.6 Construction and Demolition Debris Diversion
Contractor shall bring all loads of mixed Construction and Demolition Debris to a C&D
processing Facility designated under this Agreement for separetion and recovery of this
material. Designated facilities include facilities approved by the City for use by self-haulers,
facilities identified in Section 4.8 ofthisAgreementthat process Construction and Demolition
De6ris, and any Facility for which Contractor requests City's approval. City's approval will be
based upon the Facility's ability to divert material from landfilling and the effec[ of the
Facility's tipping fee on Customer rates. Contrac[or shall divert a minimum of sixty five
percent(65%) of all Construction and Demolition Debris Collected.
Contractor may deliver separated loads of Construction and Demolition Debris,such as clean
dirt, concrete or rebar, to facilities specializing in the reuse of such materials, provided this
material is diverted from landfilling.
Contractor may charge the Customers for Construction and Demolition Rolloff Box Service
based on each Customers number of loads and amount and type of tons according to the
retes shown in Exhibit C. The first four(4)tons Collected in any Rolloff load shall be Collected
at no charge pursuant to the tonnage limit shown in Exhibit C.
4.2.7 Edible Food Recovery Program
Contractor shall support and promote the recovery of Edible Food. Contractor shall identify
sources of recoverable Edible Food and share that information with City. Contrec[or shall
include a list of all Commercial Customers that generate recoverable Edible Food in its
monthly report to City pursuant to Section 9.3.2.
4.2.8 Optional Sharps Collection
City reserves the right to require Contractor to administer a Sharps Collection program.
Contractor would be entitled to a reasonable rate increase for progrom costs.
4.2.9 Non-ProfitGroupAssistance
Contractor shall provide Rolloff Box Containers or steel storage containers at a 15%discount
to non-profit organizations for the Collection of Recycla6le Maierials.
33
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
q.2.10 Horse Stable Bedding
Contractor shall provide Collection of sources separated stable bedding (for example, wood
shavings and horse manure) at SS% of comparable Refuse Bin Collection rotes. Contractor
shall visit all properties ihat produce stable bedding to offer this Collection program using
one to three-cubic-yard Bins. Source separated, Collec[ed horse stable bedding shall be sent
to a bio-solids composting Facility, or other Facility as approved by City, for maximum
Diversion.
4.3 Organics Collection Program
4.3.1 Single-family Organics Waste Collection
Contractor shall implement a Single-family Residential Organics Collection Program. The
Single-family Organics Collection Program shall supplant the Single-family Green Waste
Collection from the previous agreement.
The Single-family Residential Organics Collection Program shall consist of Contractor
collecting Organics from all Single-family Residential Premises in the City using Cart Collection
Service. Contractor shall Collect Organics on the same day as Customer's Refuse Cart is
collected.Controctor shall provide each Customer at all Single-family Residential Premises in
the City with one (1) ninety-five (95) gallon Green Wasie/Organics Cart per Dwelling Unit.
Contractor shall Collect all Organics properly placed out for Collection by Single-family
Customers not less than once per week using automated Collection vehicles.
Contractor shall be obligated to Collect Green Waste set out for Collection in bundles if it is a
maximum of four(4)feet long and eighteen (18) inches in diameter.
Upon Customer request, Contractor shall provide one additional Green/Organics Waste Cart
at no additional charge.Residents with Green/Organics Waste Carts beyond two per dwelling
unit may be charged in accordance with Exhibit A.
Contractor shall transport all Organics collected in the City to the Perris Regional Organics
Anaerobic Digestion Facility (ROAR) for processing, or another Facility approved by City.
Contractor shall not deliver any Organics collected from Single-family Premises to any Facility
m be landfilled or used as Alternative Daily Cover. City reserves the option to direct Green
W aste to any al[ernative processing Facility.If City enacts said option, rates are to be adjusted
accordingly.
Contractor shall conti nuously monitor the Single-family Organics Collection Program for both
participation and �ontamination such that each year, Contractor has opened the Cart lid and
34
City of Orenge
Integreted Solid Waste Management and Street Sweeping Agreement
checked the contents of a minimum of two percent (2%) of all Single-Family Premises in the
City to note contamination levels in the Carts. (Contrector shall develop a plan to randomly
sample areas of City, which shall 6e submitted to City for approval annually.) When
Contrector finds a household that is not participating, Contrector shall leave or direct mail
the household education materials describing the programs and how to participate. When
Contractor finds conta mination Contractor shall alert the Customer by leaving a hang-tag and
by leaving public education materials concerning the acceptable materials for the program.
Contractor shall recheck the residences that were tagged within si�cty (60) days to see if the
contamination has been reduced or eliminated.
Contractor's compensation for the Single-family Organics Collection Program shall be
included in the rate for Single-family Refuse Collenion Service.
4.3.2 Multi-family Green Waste ColleRion
Contrector shall implement and offer a Green Waste Collection Program for all Multi-family
Residential Premises in City. Contrector shall provide for the appropriate number of
appropriately-sized Containers for each Multi-family Premises.
Upon Customer request or City direction, Contractor shall Collect Green Waste from Multi-
family Premises at least once per week, and more frequently as required to prevent odor, or
overflow of material. Contrector shall Collect Green Waste in a separate Collection vehicle
that collects only Source Separeted Green Waste.
Contrector shall transport all Green Waste collec[ed in the City to the Perris Regional Organics
Anaerobic Digestion Facility (ROAR) for processing, or another Facility approved by City.
Contractor shall not deliver any Green Waste Collected from Multi-family Premises to any
Facility to be landfilled or used as Alternative Daily Cover. City reserves the option to direct
Green Waste to any alternative processing Facility. If City enacis said option, rates are to be
adjusted accordingly.
Contrac[or shall continuously monitor the Multi-family Green Waste Collection Program for
both participation and contamination such that each year, Contractor shall randomly observe
a minimum of five (5) Multi-family Premises in the City to note contamination levels in the
Green Waste in the Bins and Carts. When Contractor finds contamination, Contractor shall
photo-document the contamination and shall alert the manager of the Multi-family Premises.
Contractor shall provide or re-provide training and public education materials concerningthe
acceptable materials for each program,to residents of the Multi-family Premises in a minimum
of one (1) in-person on-site training session.
35
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
For the provision of Multi-family Green Waste Collection Service, Contractor shall charge
Customers rates that are 85% of the rate for Refuse Collection Service for an equivalent level
of service(i.e.,the same size and number of Containers, and number of pickups perweek).
4.3.3 Commercial Green Waste and Wood Waste Collec[ion
Contractor shall implement a Green Waste and non-hazardous wood waste Collection
Program for all Commercial Premises in the City. Contractor shall provide for the appropriate
number of appropriately-sized Containers for each Commercial Premises.
Upon Customer request or City direction, Contractor shall Collect Green Waste and non-
hazardous wood from Commercial Premises at least once per week, and more frequently as
required to prevent odor, or overflow of material. Contractor shall Collect Green Waste in a
separate Collection vehicle that collects only Source Separeted Green Waste.
Controctor shall transport all Green Waste collected in the City to the Perris Regional Organics
Anaerobic Digestion Facility (ROAR) for processing. Contractor shall not deliver any Green
Waste Collected from Commercial Premises to any Facility to be landfilled or used as
Alternative Daily Cover. City reserves the option to direct Green Waste to any alternative
processing Facility. If City enacts said option, rates are to be adjusted accordingly.
Contractor shal I continuously monitor the Commercial Green W aste and non-hazardous wood
waste Collection Program for both participation and contamination such that each year,
Contractor shall randomly observe a minimum of five (5) Commercial Premises in the City to
note contamination levels in the Green Waste in the Bins and Carts. When Contrector finds
contamination, Contractor shall photo-document the contamination and shall alert the
Customer. Contractor shall provide or re-provide training and pu6lic education materials
concerning the a�cepta6le materials for each program,to Customers in a minimum of one(1)
in-person on-site training session.
For the provision of Commercial Green Waste and non-hazardous wood waste Collection
Service,Contractor shall charge Customers rates that are 85%of the rate for Refuse Collection
Service for an equivalent level of service (i.e., the same size and number of Containers, and
number of pickups per week�.
43.4 Commercial Rolloff Green Waste Collection
Upon Customer request, Contrector shall provide Green Waste and non-hazardous wood
waste Collection service to Commercial Premises using Rolloff Boxes. Contractorshall charge
Customers rates and tipping fees that are eighty-five percent(85%)of the rates and tipping fees
shown in Exhibit C.
36
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
43.5 Commercial Food Waste Collection
Contractor shall implement a Food Waste Collection Program for all Commercial Premises in
the City. Contractor shall provide for the appropriate number of appropriately-sized
Containers for each Commercial Premises.
Upon Customer request or City direction, Contractor shall Collect of Source Separated Food
Waste from restaurents, cafeterias, assisted living facilities, hospitals, supermarkets and all
other Commercial Premises where food is prepared, sold and/or consumed. At the direction
of the City, Contractor shall include Food-Soiled Paper in the Food Waste program. If the
processing Facility Controctor is using does not allow Food-Soiled Paper, Contrector shall
work with City to provide a method and/or a Facility capable of handling Food-Soiled Paper.
Contrac[or shall provide wheeled Carts or other Containers and/or Bins, roll-offs or
compactors as necessary for the segregation and storege of Food Waste to be recycled.
Contractor shall prepare a Food Waste Recycling plan in consultation with each business to
determine the appropriate number and sizes of Containers,Collection frequencyand provide
and distribute appropriate Containers, Bins,or roll-offs to Customers.
Contractor shall provide Customers wich information and contact person(s) who are
approved by City to establish, coordinate and provide Edible Food donation and collection
services. Contractor shall fully cooperete with all Persons working with Customers to
establish, coordinate and provide Edible Food donation services, including Customer's
employees and agents and the City. Contractor shall factor any successful Edible Food
donation program projections and/or actual results into the Food Waste Recycling plan
including the estimated requirements for Container sizes and frequencies of Collection,
training, interior Container locations and sizes.
Collec[ed Food Waste shall be processed at the Perris Regional Anaerobic Digestion (ROAR)
Facility or the Orange Organics Facility or other Facility as approved by the City. City reserves
the option to direct Food Waste to any other processing Facility. If City enacts said option,
rates are to 6e adjusted accordingly.
Contractor shall continuously monitor the Commercial Food Waste Collection Program for
both participation and contamination such that each year,Contractor shall randomly observe
a minimum of five (5) Commercial Premises in the City to note contamination levels in the
Food Waste in the Bins and Carts. When Contrector finds contamination, Contractor shall
photo-document the contamination and shall alert the Customer. Contractor shall provide or
re-provide training and public education materials concerning the acceptable materials for
each program,to Customers in a minimum of one (3) in-person on-site training session.
37
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
For the provision of Commercial Food Waste Collection Service, Contractor shall charge
Customers rates that are 85% of the rate for Refuse Collection Service for an equivalent level
of service (i.e.,the same size and number of Containers,and number of pickups per week).
0.3.6 Holiday Tree Collection Progrem
Contractor shall operete an annual holiday tree Collection program from December 26
through lanuary 31. During this period all holiday trees placed out for Collection by Single-
family and Multi-family Customers shall be Collected by Contrector. After this period, trees
will be Collected as eulky Items under Section 1.10.Trees up to seven (7) feet in length will
be Collected and diverted without Customers needing to cut them. Contractor may request
that Customers with larger trees cut the trees to pieces no longer than seven (7) feet.
Contractor will divert all holiday trees from landfilling.
4.4 Cart Selection, Distribution and Exchanges
Contractor shall provide Residential Cart Customers with the option of three Cart sizes for
Refuse, Recycling and Green Waste Collection. Sizes offered will include 35, 64 and 96-
gallons. Commercial Cart Customers may be limited to 96-gallon Carts.
Customers may each request one free exchange in Cart sizes within six months of starting
new service. One exchange includes all Cart size changes included in the same Customer
request and may include changes being made to one, two or three of the Customer's Carts.
If a second request is made, or if a request is made following the initial six-month period,
Contractor may charge for each request, regardless of the number of Carts exchanged, in
accordance with the rate shown in Exhibit A.
4.5 City Services
4.5.1 City Premises Collection
Contractor shall Collect and dispose of all Refuse, Recyclable Material, and Green Waste put
in Containers for Collection at all current and future Premises owned and or operated by City
at no charge to City (except as provided below�. Such Premises include, but are not limited
to,City Hall,City offices,parks,Cityyard and street maintenance operations. Collections shall
be scheduled at a time mutually agreed upon 6y Contractor and City.
Contractor shall provide up to five hundred (500) Rolloff pulls per calendar year from City
PremisesatnochargetoCity. ForaIlRolloffpullsfromCityPremisesthatexceedfivehundred
(500) in a calendar year, Contrac[or may invoice and collect from City based on the rates
38
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
shown in Exhibit C. There shall be no charge for Collection from City Premises using Carts or
Bins.
Except for minor tenant improvements(e.g.,fewer than 1,000 square feet),or minor sidewalk
repairs (e.g., fewer than 100 linear feet), performed by City crews (and not ihird-party
contractors�, Contractor shall not be required to Collect Construction and Demolition Waste
from Ciry Premises.
The Collectian of Street Sweeping Debris is outside the scope of providing service to City
Premises. See Section 4.5.5 regarding the Collection of Street Sweeping debris.
4.5.2 City Sponsored Events
Contractor shall provide Solid Waste Collection, Recyclables Collection, Organics Collection,
and Disposal/processing service for City-sponsored events. This shall include providing
Containers (Bins, Rolloff Boxes, clearly labeled Recycling Containers and cardboard waste
hozes with liners) to Collect and dispose of, or process, all Solid Waste and Recyclable
Materials.The Contractor shall provide these services at City-sponsored events,at no cost to
City or ratepayers. Notethatthe International Street Faire is not considered a City-sponsored
event for purposes ofthis section. Current City-sponsored events include,but are not limited
to:
a) May Parade
b) Concerts in the Park
c) 3rd of July Celebration
d) Treats in the Streets Autumn Festival
e) VeteransDayTri6ute
f) Tree Lighting Ceremony
g) Children's Holiday Breakfast
h) Clean-up Files Day
i) Health Fair/Rideshare Events
j) National Night Out (Police)
k) New park and City Facility openings
I) Ciry Department Open House Events
City may replace events that are discontinued with events requiring comparable Solid Waste
and Recycling Collection service demands.
39
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
4.5.3 Street Litter Container Collection
Contractor shall service all public litter Containers. Public litter Containers are provided by
the City.Any liners or other items needed to continue service shall be provided by Contrattor.
If service levels are not sufficient to ensure Containers do not become full,service levels shall
be increased at no additional cost to the City. If additional litter Containers are added,
Contractor shall service such Containers at no additional cost to the City.
4.5.0 Emergency Collection and Disposal Service
Contractor shall assist City at the City's request with emergency Collection and Disposal
service(in the event of major disaster,such as a n earthquake,storm, riot or civil disturbance),
or as otherwise determined necessary 6y the City, by providing Collection equipment and
drivers normally assigned to City. Contractor may charge City for actual Disposal wsts plus
service rates per the approved rate schedule.
4.5.5 Street Sweepings Disposal
Contractor shall Collect and Dispose of City's Street Sweeping Debris deposited in a
Contractor-provided Rolloff Box at the City yard. Contractor must dump its sweeping debris
directly to the Rolloff Box or have Contractor personnel load the Bin. City will coordinate a
designated area strictly for sweeping debris. Contractor shall Collect Street Sweeping Debris
from this Rolloff Box at no cost to City.Contractor may no[charge City for the actual Disposal
cost of Street Sweeping Debris nor charge a haul charge for service to the Rolloff Box.
4.5.6 Abandoned Item Collection by Ciry
Contrec[or shall Collect and dispose of, at no additional charge, within one business day of
notification from City,all items left in the City's right-of-way,such as sidewalks,alleys,streets,
and parkways. Contractor shall properly divert from landfilling or Dispose of such items in
accordance with Sections 4.1.17 and 4.1.18.
4.5.7 Communiry Development Review Services
Upon City request and at no additional charge,Contractor shall review development projec[s
submitted to the City's Community Development Department or Public Works Department
and advice regarding adequacy of Container storage space and access, particularly to
accommodate Recycling and Food Waste Recovery programs.
40
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
4.5.8 Large Venue Event Assistance, Event Recycling
Contractor shall assist planners of large venue events with reporting and planning needs as
may be useful in meeting the requirements of AB 2176 at no additional charge. Contractor
shall provide Recycling services upon request to special event planners.
4.5.9 Door-to-DoorHHWCollection—Option
Contractor may instruct Customers to utilize a door-to-door HHW collection program
provided by the City, provided the Ciiy has such a contract in force and that such services are
within the scope of the contract terms. Contractor may direct Customer inquiries regarding
the Collection of HHWs that are within the scope of such a contrect to Ci[y's HHW contractor.
The Contrector should also advertise the availability of HHW drop-off facilities provided by
the County of Orange. However, proper disposal of all HHW Collected by Contractor in the
City shall be the responsibility of Contractor.
City reserves the right at any time during the Term of this Agreement to require Contractor
to administer a door-to-door call-in HHW Collection program. City may negotiate an
altemative scope of services under which Contractor shall be compensated for ac[ual msts
incurred.
4.5.10 Storage Va�s
Upon request by City, Contactor shall supply six(6) each 21'x 8'x 8' steel storage containers
for City needs at no additional charge.
4.5.11 Free Compost and Wood Chips
Contractor shall provide Residents with free bagged compost at one give-a-way event per
year. ContractorshallprovidecompostandwoodchipstotheCitYforuseonCity-maintained
property at no additional charge.
9.5.12 In-Office Recycling Containers for City Administrative O�ces
Contractor shall provide, at no additional charge, in-office Recycling Containers to all Ciry
administrative offices forthe purpose of accumulating Recyclable Materials in offices priorto
transferm the Rerycling Container emptied by Contractor.
41
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
4.5.13 In-Unit Recycling Containers
Contraaor shall offer for sale in-unit Recycling Containers to Commercial and Residential Bin
Customers for the purpose of accumulating Recyclables inside the building or dwelling unit.
Contractor shall offer i munit Retycling Containers for a price equal to Contractor's direc[mst,
wichout markup. Upon City request, Contractor shall submit documentation to the City
supporting its direct costs,which costs shall be subject to the approval of the City Manager.
4.5.14 Capacity Guarantee
Contractor guarantees capaci[y at Contractor-owned and operated facilities within the
County of Orenge for the transfer of all Refuse and processing of all Recyclables,Green W aste,
and Organics Collected under this Agreement throughout the Term. With City approval,
Contrector maysend Recyclables,Green Waste,and orOrganicsto be diverted,not Disposed,
to facilities outside of the County of Orenge.
4.5.15 Compliance Coordinator(s)
Effective lanuary 1, 2020, Contractor shall provide two (2) full time (40 hours per week)
employees (Compliance Coordinators)devoted to outreach and maintaining City compliance
and reporting to CalRecycle with AB 341, AB 1594, AB 1826, and SB 1383. A Compliance
Coordinator may also serve as Contract liaison pursuant to Section 6.2.4.
9.6 Operetions
4.6.1 Schedules
4.6.1.1 Colleaion Days and Hours
To preserve peace and quiet, Solid Waste shall only be Collected from Residential areas and
Commercial areas adjacentto Residential areas between 7:00 a.m.and 7:00 p.m.Solid Waste
shall only be Collec[ed from other Commercial areas between 6:30 a.m. and 8:00 p.m.
Collection is only permitted Monday through Saturday for Residential and Monday through
Sunday for Commercial. City reserves the right to restrict or change days and hours of
Collection by advanced written notice. Contractor may not make exceptions to these
Collection days and times without advanced written approval from the City. If the regularly
scheduled Collection day falls on New Vear's Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day, or Christmas Day, Collection days for the remainder of that week shall all
be postponed one Collec[ion day.
42
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
4.6.1.2 Review of Schedules and Routing
Contrector shall review its operations plan outlining the Collection routes, intervals of
Collection and Collection times for all materials Collected under this Agreement with City
upon thirty(30)days written notice requesting said review. Contractor shall submit a copy of
its Commercial and Residential schedule and route map within seven days if requested by
City.lf the plan is determined to be inadequate byCity,Contractorshall revise it incorporeting
any changes necessary to make it satisfactory to City within thirty (30) days. No change in
schedules and routing shall 6e implemented for fifteen (15) days aker Contrector receives
approval from City and notifies Customers.
4.6.1.3 Missed Pickups
When notified of a missed pickup prior to 12:00 noon, Contractor shall Collect the Refuse,
Recyclable Materials, and/or Green Waste that was not Collected the same day. If notified
aker 12:00 noon, Collection must take place no later than noon of the ne�ct calendar day.
If a missed pickup is not made up within a reasona6le time, City may perform service and
Contractor shall be liable for City's expenses plus 30% overhead costs, in addition to any
liquidated damages assessed for missed pickups per Section 12.3.
9.6.2 Vehicles
a) General. Contrector is responsible for providing all vehicles that may be
required for the Collection of Solid Waste that are sufficient in number and
capacity to efficiently perform the work required by this Agreement in strict
accordance with its terms, and at a minimum as described in Contractor's
Proposal.Con[ractor is ezpressly obligated to provide such Collection Vehicles
and routes as are required to meet the service standards set forth in this
Agreement,even if suth Collection Vehicles and routes exceed those set forth
in Contractor's Proposal. Contractor shall have available on Collection days
sufficient back-up vehicles for each type of Collection Vehicle used to respond
to complaints and emergencies.
b) Specifications. No Collection vehicle used in the City shall be more than 10
years old at any time during the Agreement Term. All route vehicles shall be
powered by natural gas. Such vehicles must be registered with the California
Department of Motor Vehicles and shall have water-tight bodies designed to
prevent leakage, spillage or overflow. Such vehicles shall 6e equipped to
provide live video display to dispatch,two to three angle time-stamped video
service records and GPS. At all times during the term of this Agreement,
43
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
Contrector's Collection vehicles shall comply with South Coast Air Quality
Management District Requirements and the California Air Resource Board
requirements as they are currently in force and as they may be approved for
Refuse removal vehicles, as well as other Federol, State and local laws and
regulations that may be enacted during the term of this Agreement.
1) ContractorshallberesponsibleforensuringihatallvehiclesContractor
uses in the performance of this Agreement shall allow the City to be in
compliance with South Coast Air Quality Management District, Air
Resource Board and other applicable requirements.
c) Vehicle Identification and Labeling. Each Collection vehicle shall be marked
with Controctor's name, toll free phone number, and a vehicle identification
number designated by Contractor for each Collection Vehicle which shall be
prominently displayed on all such Vehicles, in lettering at least six inches in
height.City must approve truck labeling, and may place billboards with public
notices on vehicles at no additional charge. All equipment of Contracior used
to provide the services set forth in this Agreement shall be subject to
inspection by City on a semi-annual basis.
d) GPS—Street5weepingVehicles
The Contractor shall provide automatic vehicle location device (e.g. GPS) on
primary and backup Street Sweeping vehicles. This device shall be placed on
all Street Sweeping vehicles at the Contractor's cost.
The Controc[or shall provide associated software programs, which will report
all Street Sweeping activity. The associated software shall be provided at no
cost to the City including monthly monitoring charges. The Contractor shall
provide sokware and licensing for two work stations(at the City's Corporation
Yard) and all associated IT services required to install, maintain, and update
this software for the Term of this Agreement. Software shall be capable of
being operated on computers utilizing Microsoft Windows.
Software shall be capable of demonstrating real-time location, speed and path
of travel of equipment equipped with GPS systems. Software shall be capable
of recording and printing daily activity logs indicating actual miles traveled,
ground speed of equipment,the location of equipment at any given time, and
any other information that is suitable for documenting ac[ual work performed
by the Contractor under this Agreement. Data collected may 6e used by the
City for the Inspection Rating System.
44
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
The Contractor shall have a backup system to the GPS in the event of a system
failure.The backup system shall be indicated in the Contrector's proposal and
is subject to City approval. The Contractor shall provide adequate training on
an annual basis for City staff in the operation and use of this system.
The Contractor shall respond to a GPS data request by the City in one working
day.
Should any location device fail, or need repair, the Contractor shall
immediately report that the system is inoperetive to the City. If the
Contractor's software or monitoring website fails, the City shall immediately
notify the Contractor. The Contractor shall repair any non-operation portion
of the system within two (2) business days or the sum of one hundred (5100)
dollars per calendar day will be assessed as a liquidated damage for each
twenty-four (24) hour period, or portions thereof, that Yhe system is
unavailable to the City.
e) Cleaning and Maintenance:
1) Contractor shall maintain all properties, vehicles, facilities, and
equipment used in providing service under this Agreement in a good,
safe, neat,clean and operable condition at all times.
2) Collection Vehicles shall be painted, thoroughly washed, and
thoroughly steam cleaned on a regular basis so as to present a clean
appearance. City may inspec[ vehicles at any time to determine
compliance with this Agreement. Contrector shall also make all
Collection Vehicles available to the County of Orange for inspection
�egarding health concerns and requirements, at any frequency it
requests. Contractor agrees to replace or repair to the City's
satisfaction, any Collection Vehicle which Ci[y determines to be of
unsightly appearance, leaking, or in unsatisfactory operating condition
3) Contractor shall repaint any or all Collec[ion Vehicles within thirty(30)
days' notice from City, if City determines that their appearance
warrants painting. City may not require a vehicle to he repainted if it
has been repainted within the previous thirty(36) months.
4) Contrector shall inspect each Collection Vehicle dailyto ensure that all
equipment is operating properly. Collec[ion Vehicles which are not
45
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
operating properly shall be removed from service until repaired and
operating properly. Contrector shall perform all scheduled
maintenance functions upon Collection Vehicles in accordance with
ihe manufacturer's specifications and schedule. Contractor shall keep
accurate records of all Collection Vehicle maintenance, recorded
according to date and shall make such records available to City upon
reques[.
5) Contractor shall repair, or arrange for the repair of, all of its vehicles
and equipment for which repairs are needed because of accident,
breakdown or any other cause so as co maintain all equipment in a safe
and operable condition Contractor shall maintain acwrate records of
repair, which shall include the date, nature of repair and the
verification by signature of a maintenance supervisor that the repair
has been properly performed.
6) Contrector shall clean up any leaks or spills from its vehicles per the
National Pollutant Discharge Elimination System (NPDES) permit in
effect at the time. No fluids shall be washed into storm drains at any
time. All NPDES dry-cleaning measures shall be complied with. All
Collection Vehicles must 6e equipped with absorbent for such cleanup
efforts.
7) Upon request, Contractor shall furnish City a written inventory of all
equipment, including Collection Vehicles, used in providing service
pursuant to this Agreement. This inventory shall list all equipment by
manufacturer,year of production,ID number,date of acquisition,type,
capacity, and whether the vehicle is a spare.
f) Operation.VehiclesshallbeoperatedincompliancewiththeCaliforniaVehicle
Code, and all applicable safeiy and local ordinances. Contractor shall not load
vehicles in excess of the manufacturer's recommendations or limitations
imposed by State or local weight restrictions on vehicles.
Contractor's equipment shall comply with US E7A noise emission regulations,
currently codified at 40 CFR Part 205 and other applicable noise control
regulations, and such noise control features shall be incorporeted throughout
the entirety of all Collection Vehicle. Noise levels of equipment used for
Collection shall comply with City ordinance and in no event shall the noise level
exceed 75 d6a when measured at a distance of 25 feet from the vehicle,five
46
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
feet from the ground. Contrector shall store all equipment in safe and secure
locations in accordance with City's applicable zoning regulations.
Contractor shall be responsible for any damage resulting from or directly
attributable to any of its operations, and which it causes to: City's driving
surfaces, whether or not paved, public or private; associated curbs, gutters
and traffic control devices; and all other public and private improvements.
g) City Inspection Per Code. City may cause any vehicle used in performance of
this Agreement to be inspected and tested at any commercially reasonable
time and in such manner as may be appropriate to determine thai the vehicle
is being maintained in compliance with the provisions of the State Vehicle
Code, including, but not limited to, California Vehicle Code Sections 27000(b),
23114, 23115, 42030, 42032, and all Vehicle Code Sections regarding smog
equipment requirements. City may direct the removal of any vehicle from
service if that vehicle isfound to be in nonconformance with applicable codes.
No vehicle directed to be removed from service shall be returned to service
until it conforms with,and its return in service has been approved by City.
h) Vehicle Inspections. Upon City request, Contractor shall submit the Safety
Compliance Report/Terminal Record Update from its Biennial Inspection of
Terminal, or BIT. If Contractor receives a terminal rating below satisfactory,
Contractor shall notify the City, and Contrector is in violation of the
Agreement. Contrector has the time allowed by the Department of California
Highway Patrol ("CHP") to cure violations and bring the terminal rating up to
satisfactory. If the CHP does not adjust the rating to satisfactory or better
within six(6)months,then the Contractor shall be considered in default of th is
Agreement and the City may terminate the Agreement.
i) Correction of Defects. Following any inspection, the City Manager shall have
the right to cause Contrector, at i[s sole cost and expense, to recondition or
replace any vehicle or equipment found to be unsafe, unsanitary or unsightly.
The City Manager's determination may be appealed to the City Council,whose
decision shall be final.
4.6.3 Containen
Contrector shall provide Containers to be used under this Agreement. A Container shall be
considered properly placed out for Colleaion if it is feasibly accessible by Controctor's
Collection vehicles. If Customer and Contractor cannot agree upon the proper placement of
Containers,City shall have the right to make the final determination.
47
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
4.6.3.1 Carts
a) Cart Design Requirements - Contractor shall provide Customers with Carts at
the start of service under this Agreement Carts and Cart lids must meet color,
size, uniformity and quality requirements of the City. The City will not permit
Carts and Cart lids with inconsistent colors or in poor condition to be used in
the City at any time during the term of this Agreement and may require
Contractor to replace such Carts.
1) All Carts provided by Contractor utilized in the performance of this
Agreement shall be manufactured by injection or rotational molding
and meet the Cart design and performance requirements as specified
helow. All Carts selected shall be subject to City's approval.
b) Capacity-The references in Section 4.4 to Cart sizes of 96, 64 and 35-gallons
may 6e approximate. The Cart size, excluding lid capacity, may fall within the
following range:
1) 30-35gallons
2) 60-70 gallons
3) 90- 101 gallons
The selected sizes must be consistent throughout the City for a uniform
appearance.
c) Cart Age, Color and Appearance - All Carts shall be the same, uniform color
and each Cart type shall carry a different color lid. Cart bodies shall have
Toter's"granite" look.
1) The colors shall 6e calarfast and resistant to fading as a result of
weathering or ultraviolet degradation. Color must be approved in
advance by the City. Wrt and Cart lid colors shall be mnsistent
throughout the City.
d) Cart Labeling and Hot Stamping - La6els used on Carts shall be placed on the
inside of the Cart lid, and hot stamps shall be on the top of the lid and/or on
the body of the Cart Design for both the labels and the hot stamps must be
approved by City prior to ordering lahels or Carts. City shall approve what
48
Ciry of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
information is included on the label and in the hot stamp, as well as approve
design and quality. Labels shall be replaced when worn,and when information
on the label is in need of updating. Cart labels and hot stamps shall include
bilingual (English and Spanish) and grephic instruction on what materials
should and should not be placed in each Cart Information on the Carts shall
include the telephone num6er to call for Contractor, Bulky Item pickups and
HHW disposal information.
4.6.3.2 Cart Maintenance and Replacement Responsibilities
Contractor shall 6e responsible for Cart repair and maintenance, and replacing lost, stolen or
damaged Carts within two(2) business days,and for graffiti removal within one(1)day,at no
additional charge to the Customer or to City, unless Contractor can demonstrete to the City
Manager beyond a reasonable doubt that the damage or loss was due ezclusively the
Customer's intentional or negligent behavior. City Manager shall make the final
determination If City permits a repair or replacement charge to be assessed against a
Customer,charge shall be no more than the actual cost of repair or the Contractor's purchase
price for a new Cart, whichever is lower. All repairs must restore the Cart to its full
functionality. Unsightly/worn-out Carts shall be replaced by Contractor upon Customer
request.
4.63.3 Cart Colors—SB 1383
Contractor shall be responsible to furnish Carts with colors, lids, and/or labels that comply
with the requirements of 58 1383. Contractor shall place and maintain 58 1383-compliant
labels on all Carts starting Jan. 1, 2022. Contractor shall furnish and replace Carts such that
all Carts are color-compliant with 581383 byJanuary 1, 2022.
4.63.4 Bins
a) Cleaning. Contractor shall provide Customers with Bins required during the
term of this Agreement 7he size of Contrector-provided Bins shall be
determined by mutual agreement of Customer and Contrector and shall be
subject to City approval. Contractor shall maintain Bins in a clean, sound
condition free from putrescible residue.All Bins in use shall be constructed of
heavy metal, or other suitable, durable material, and shall be watertight and
well painted. Wheels, forklift slots, and other apparatuses, which were
designed for movement, loading, or unloading of the Bin shall 6e maintained
in good repair.
49
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
Upon Customer or City request, or if required to maintain the Containers in a
clean condition, Contrac[or shall clean all Bins once per year at no additional
charge. Contrector shall perform cleaning or replacement of Bins more
frequently if necessary, to prevent a nuisance caused by odors or vector
harborage, or if requested by Customer or City, for an additional fee in
accordance with the approved rate schedule. When a Bin is removed for
cleaning, Contractor shall replace the Bin, either temporarily or as a change-
out, with another Container. Contractor shall remove greffiti from any
Container within one business day of request by City or Customec Contractor
shall proactively lookforgraffiti when Collecting Bins,with all graffiti removed
from Containers in no laterthan one business day after any Collection without
notification.
b) 8in Identification and Color - Each Bin placed in City by Contrector shall have
the name of Contractor and phone number in letters not less than three (3)
inches high on the exterior of the 8in so as to be visible when the Bin is placed
for use. Bins shall be labeled to include bilingual (English and Spanish) and
graphic instruction on whai materials should and should not be placed in each
Bin. Contractor shall repaint Bins upon City's request if the City deems it
necessary to maintain a neat appearance.
4.6.3.5 Bin Colors—SB 1383
Contractor shall be responsible to furnish Bins with colors, lids, and/or labels that comply
with the requirements of 58 1383. Contractor shall place and maintain SB 1383-compliant
labels on all Bins starting lan. 1, 2022. Contractor shall furnish and replace Bins such that all
Bins are color-compliant with SB 1383 byJanuary 1, 2032.
9.63.6 Rolloff Bozes
Contractor shall provide sufficient Rolloff Boxes[o meet Customer demand throughout the
Term of the Agreement, and shall keep all Rolloff Bozes clean, free from graffiti, equipped
with reflec[ors, and with the name and phone number of Contrector in letters not less than
three(3)inches high on the euterior of the Rolloff Box so as to be visible when the Rolloff Box
is placed for use. Contractor shall properly cover all open Rolloff Boxes during transport as
required by the State Vehicle Code.
4.6.4 Litter Abatement
a) Minimization of Spills - Contractor shall use due care to prevent Solid Waste
or fluids from leaking, being spilled and/or scattered during the Collection or
50
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
transportation process. If any Solid Waste or fluids leak or spill during
Collection, Contractor shall promptly clean up all such materials. Each
Collection Vehicle shall carry a broom, shovel, absorbent, and containment
materials at all times for this purpose.
Contractor shall not transfer loads from one vehicle to another on any public
Street, unless it is necessaryto do so because of inechanical failure, accidental
damage to a vehicle, or a pre-approved method of Solid Waste transfer
between vehicles, without prior written approval by City.
b) Clean Up - During the Collection or transportation process, Contractor shall
clean up all litter spilled during Collection or otherwise caused by Contractor.
Contractor shall leave a "red tag" notice for Customer if litter not caused by
Contractor is found in Container enclosure or around Containers. Contractor-
may charge Customers in accordance with the approved rate schedule for the
cleaning of Container enclosures or around the Container if it is littered due to
overflowing Containers. Contractor may address habitual offenders in
accordance with Section 4.2.3.
In the event of a spill of materials(vehicle fluids,Organic W aste leachate,etc.),
Contrector shall provide a cleanup of the spill to the satisfaction of City and
other governing agencies. Cleanup methods may include pressure washing
(Contrector must capture and reclaim water) or other similar clean-up
methods.
c) Covering of Loads - Contractor shall properly cover all open debris boxes
during transport to the Disposal Site.
4.6.5 Personnel
a) Qualified Drivers. Contrac[or shall furnish such qualified drivers, mechanical,
supervisory, clerical, management and other personnel as may be necessary
to provide the services required hy this Agreement in a satisfactory, safe,
economical and effcient manner. All drivers shall be trained and qualified in
the operetion of vehicles they operete and must possess a valid license,of the
appropriate class, issued hy the California Department of Motor Vehicles.
b) Hazardous Waste EmployeeTraining. Contractor shall establish and vigorously
enforce an educational program which will train Contractor's employees in the
identification of Hazardous Waste. Contractor's employees shall not
knowingly place such Hazardous Waste in the Collection Vehicles, nor
51
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreeme�t
knowingly dispose of such Hazardous Wastes at the processing Facility or
Disposal Site.
c) CustomerCourtesy.ContractorshalltrainitsemployeesinCustomercourtesy,
shall prohibit the use of loud or profane language,and shall instruct Collection
crews to perform the work quietly. Contractor shall use its best efforts to
assure that all employees present a neat appearence and conduct themselves
in a courteous manner. If any employee is found to 6e discourteous or not to
be performing services in the manner required by this Agreement, Contractor
shall take all necessary corrective measures including, but not limited to,
transfer, discipline or termination. If City has notified Controctor of a
complaint related to discourteous or improper behavior, Contractor will
consider reassigning the employee to duties not entailing contact with the
public while Contrector is pursuing its investigation and corrective action
process.
d) Unauthorized Material Removal. ConYrector shall dismiss or discipline
employees who remove documents or any other material from Containers,
other than specificallyfor the purposes of Oisposal and Diversion as described
in this Agreement.
e) Treining. Contractor shall provide suitable operations, health and safety
training for all of its employees who use or operete equipment or.who are
otherwise directly involved in Collection or other related operations.
f) Compliance with Immigration Laws. Contractor shall be knowledgeable of and
comply with all local, State and federel laws which may apply to the
performance of this Agreement. Consultant warrants and represents that all
of its employees,including any and all prospective employees hired to perform
services for She City under this Agreement and the employees of any
subcontractor retained by the Consultant to perform a portion of the services
under this Agreement, are and will 6e authorized to perform [he services
contemplated by this Agreement in full compliance wi[h all applicable State
and federal laws, rules and regulations, including, but not limited to, the
Immigration NationalityAct of 1952 (commencing with Section 1101 of Title 8
of the United States Code), and the Immigretion Nationality and the
Immigration Reform and Control Ac[of 1986(commencingwith Section 1324a
of Title 8 of the United States Code), as amended. Contrector agrees to verify
the legal status of all of its employees and provide documentation of such
verifiwtion whenever requested by the City. If Contractor discovers that any
52
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
employee it has retained is not in compliance with Immigration Laws,
Contractor agrees to terminate such employee.
4.6.6 Identification Required
Contractor shall provide its employees,companies and subcontractors with identification for
all individuals who may make personal contact with residents or businesses in City. City may
require Contractor to notify Customers yearly of the form of said identification. Contractor
shall provide a list of current employees, companies, and subcontractors to City upon
request.
City reserves the right to perform a security and identification check through the City's Police
Department on the Contrector and all their present and future employees employed by
Contractor to work in the City, in accordance with accepted procedures established by City,
or for probable cause.
4.6.7 Fees and Gratuities
Contrector shall not, nor shall it permit any agent,employee,or subcontrectors employed by
it to request, solicit, demand, or accept, either directly or indirectly, any compensation or
gratuity for services authorized to be performed under this Agreement.
4.6.8 Non-Discrimination
Contractor shall not discriminate in the provision of service or the employment of Persons
engaged in performance of this Agreement on account of rece, colo�, religion, sex, age,
physical handicap, medical condition, or any other grounds in violation of any applicable
federal,State, or local law.
Contractor shall,in all solicitations and advertisements for emploYees placed by,or on behalf
of Contrector, state that all qualified applicants will receive consideration for employment
without regard for race, color, religion, sex, national origin, mental or physical disability, or
any other prohibited reason.
Contractor shall cause the a6ove paragraphs to be inserted in all subcontracts for any work
covered by this Agreement, provided that the foregoing provisions shall not apply to
subcontrac[s for standard commercial supplies or raw materials.
53
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
4.6.9 Routing and Coordination with Street Sweeping Services
Contrector shall coordinate Solid Waste Collection and Street Sweeping routes such that
smooth traffic flow on City streets is maximized. In the event that a circumstance arises in
which a conflict between Solid Waste Collection and Street Sweeping routes negatively
impacts the smooth flow of traffic on City streets, Contrector shall promptly develop and
submit to the City a plan to resolve the issue. Whether or not a circumstance negatively
impactsthesmoothflowoftrafficonCitystreetsshallbedeterminedsolelybyCity. Cityshall
have the sole discretion to approve,modify, or replace Contractor's plan to resolve the issue.
Contreaor shall promptly implement ihe planned resolution at Citys direction.
Upon request by City, Contractor shall provide the City with maps of Contractor's Solid Waste
Collection and Street Sweeping routes in a format acceptable to the City. Contractor shall
submit to the City, in a format acceptable to City, maps of any proposed route changes at
least siMy(60) calendar days prior to the proposed date of implementation. Contractor shall
not implement any route changes without the prior review and approval of the City.
Contractor shall provide Customers with at least thirty (30) days advance notice of any
changes in their Collection day.
4.6.10 Report of Accumulation of Solid Waste; Unauthorized Dumping
Contractor shall direct its drivers to note (1) the addresses of any Premises at which they
observe that Solid Waste is accumulating and is not being delivered for Collection;and (2)the
address, or other location description, at which Solid Waste has been dumped in an
apparently unauthorized manner. Contractor shall deliver the address or description to City
within one(1)working day of such observation.
9.7 Trensportation of Solid Waste
Contractor shall transport all Refuse Collected to a City-approved Facility (e.g. Tronsfer
Station, Waste-to-Energy Facility, Organic Was[e Processing Facility, MRF, Disposal Site).
Contractor agrees to make all reasonable efforts to separate Recyclable Materials from
Refuse for Diversion from landfill Disposal.
Contractor shall maintain accurate records of the quantities of Solid Waste transported to all
Facilities utilized and shall cooperote with City in any audits or investigations of such
quantities.
Contractor shall cooperate with the operator of any Facility it uses with regard to the
operators operations, including, for example, complying with directions from the operator
to unload Collection vehicles in designated areas,accommodating to maintenance operetions
54
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
and construction of new facilities, cooperoting with its Hazardous Waste exclusion progrem,
and so forth.
4.8 Approved Facilities
The Contractor shall dispose of Refuse Colleaed, that is not required to be processed, at a
Disposal Site approved by City. Contractor must receive written advance approval from City
to use each Transfer Station,Transformation Faciliiy, processing Facil ity or other Facility used
by Contrector in the fulfillment of this Agreement.Contractor is responsible for ensuring that
each Facility it uses is properly permitted prior to requesting City approval to use such Facility.
Unless and until the City instructs otherwise,the designated Disposal Site and other Facilities
are:The Orange County Landfill System, CR Transfer, CR&R Recycling, South Orange County
MRF and Transfer Station, Perris Regional Organics Anaerobic Digestion Facility, Orange
Organics Facility, Inland Empire Regional Composting Facility, CR&R's Rancho Mission Viejo
CDI/Green Waste Recovery Facility, South Yuma County Landfill/Compost Facility, and
Southeast Resource Recovery Facility(SERRF).
A.9 Status of Disposal Site
Any Disposal Site utilized by Contractor,shall be designed and constructed in acmrdancewith
23 CCR Section 2510 et seq. ("Chapter 15"�. Any such landfill shall have all permits from
federal, State, regional, county and City agencies necessary for it to operate as a Class III
Sanitary Landfill and shall be in full regulatory compliance with all such permits.
4.10 Dedicated Routes
Solid Waste Collected in the Ciiy may not be commingled in Collection vehicles with Solid
Waste from other jurisdictions. All routes shall be dedicated exclusively to City of Orange
Solid Waste.
4.11 Route Audit
On�e during the first year, and every three years thereafter or at City request (but not more
than once per year),Contractor shall conduct an audit of its Collection routes in the City. City
may use information from the audit to develop a request for proposals for a new service
provider. City may instruct Contractor when to conduct the audit in order for the results to
be available for use in preparation of a request for proposals or for another City uses. City
may also instruct Contractor to conduct an audit at a time that would produce the most
accurate Customer service information for a new service provider to use in establishing
service with Customers. In setting these audit dates, City will establish due dates for
Contractor providing routing and account informa[ion, and later,the report,to City.
55
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
The route audit, at minimum, shall consist of an independent physical observation by
person�s) other than the route driver of each Customer in City. This person(s) is to be
approved in advance by City. The route audit information shall include, as a minimum, the
foilowing information for each account:
a) For Residential Customers:
1) Route Number;
2) Truck Num6er;
3) Number and size of Carts by waste stream (Refuse, Recycling, Organic
Waste);
4) Service Address;and,
5) Cart condition.
b) ForCommercialCustomers:
1) Route Number;
2) Truck Number;
3) Account Name;
4) Account Number;
5) AccountServiceAddress;
6) Account Type (Residential, Commercial, Rolloff�;
7) Service Level per Contractor Billing system (Quan[ity,Size, Frequency�;
8) Observed Containers(Quantity and Size�;
9) Container condition;
10) Propersignage; and,
56
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
11) Graffiti.
W ithin thirty(30)days after the completion of the route audit,Contrector shall submit to City
a report summarizing the results of the audit This summary shall include:
a) Identification of the routes;
b) Route map;
c) Truck numbers;
d) Number of accounts, by route and in total (Residential, Commercial and
Rolloff);
e) Confirmation that all routes are dedicated exclusively to City Customers;
f) Number and type of exceptions observed;
g) Total monthly service charge (Residential, Commercial and Rolloff Box�, pre-
audit; and,
h) Total monthly service charge(Residential, Commercial and Rolloff�, post-audit
(subsequent to corrections of identified exceptions).
The reportshall include a description of the procedures followed to completethe route audit.
This description shall include the names and titles of those supervising the route audits and
the name and titles of those performing the observations.
The report shall also include a description of the changes and Contrector's plans to resolve
the exceptions. The results of the audit, and supporting back-up data, shall be available for
review by City or its representative and shall be made available in an electronic format.
9.12 Service Ezceptions; Hazardous Waste Notifications
a) Failure to Collect. When Solid Waste is not Collected from any Solid Waste
service recipient, Contractor shall notify its service recipient in writing, at the
time Collection is not made, through the use of a "red tag" or otherwise, of
the reasons why the Collection was not made
b) Hazardous Waste Inspec[ion and Reporting. Contractor reserves the right to
inspect Solid Waste put out for Collection and to reject Solid Waste observed
57
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
to be contaminated with Hazardous Waste and the right not to Collect
Hazardous Waste put out with Solid Waste.Contractor shall notify all agencies
with jurisdiction, if appropriate, including the California Department of Toxic
Substances Control and Local Emergency Response Providers and the National
Response Center of reportable quantities of Hazardous Waste, found or
observed in Solid Waste anywhere within 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 any City property,including storm drains,streets or
other public rights of way, Contractor shall immediately notify City Manager
or City Manager's designee. Contrector shall implement and maintain a
training program that will assist its employees in identifying and properly
disposing of any Hazardous Waste that may come into their possession.
c) Hazardous Waste Diversion Records. Contractor shall maintain records
showing the types and quantities, if any, of Hazardous Waste found in Solid
Waste and which was inadvertently Collected from service recipients within
City but diverted from landfilling.
5. DIRECTSERVICES—STREETSWEEPING
5.1 Generel —Standards of Work and Contractor Responsibilities
The Contractor shall furnish all ma[erial, labor, equipment, and supervision to perform the
maintenance as described in this Agreement including, but not limited to,the following:
1. Using the designated equipment,thoroughly sweep each improved Street, alley way,
public Parking Lot, and designated City facility yard (Water Yard and Corporation
Yard) in the City on a frequency as specified in this scope of work and dispose of
collected debris in a legal manner.Work, equipment, and operating methods shall be
in compliance wi[h all applicable Air Quality Management District (AQMD) and
National Pollutant Discharge Elimination System (NPDES) regulations and
requirements.
See Appendix A for Street Sweeping route maps, routes, locations, and frequencies:
Appendix A1 — Designated Routes
Appendix A2 —Arterial--Commercial/Industrial
Appendix A3 — Corporation Yard and Water Yard
Appendix A4—City Parking Lots
58
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
Appendix AS—Alley W ays
Appendix A6 — Class II Bike Lanes
2. The Contractor shall perform the work descri6ed in this Agreement in a thorough and
professional manner so that the residents and businesses within the City are provided
with courteous, reliable and high-quality Street Sweeping services at all times.
Sweeping speed shall not exceed ten (10) miles per hour. If at any time the City
determines that sweeping speed has exceeded ten (10) miles per hour, the City may
require the Contractor to Re-sweep any part of, or the entire sweeping route in
question at no additional cost to the City.
3. The Contractor's Street Sweeper shall leave designated areas free of all dirt, litter,
debris, and visual dust within the control of a fully operational machine. Due to
various Street widths and confgurations throughout the City, Street Sweeping may
require slower Trevel Speed and/or multiple passes bythe sweeper in many cases,to
ensure curb-to-curb coverage of the Street. Streets wi[h reised medians(Commercial
and Residential) shall have the curb-gutter perimeters of each raised median swept,
including turnouts. Street-grade striped medians shall be swept in their entirety. All
deposits within intersections shall be removed as part of the sweeping opereiions;
resulting in minimal debris residual or tailings left on the swept surface following the
completion of a pass(es) of the Street Sweeping machine. No sweeper shall blow
debris onto private property. All dust suppression systems shall be as mandated by
AQM D.
4. Due to various Street configurations and densities of the urban forest throughout the
City, when necessary for proper cleaning, the Contrector shall make more than one
pass on a Street,without additional compensation.
5. The Contraaor shall immediately respond when notified by the City to Re-sweep
unsatisfactory areas at no additional charge. In areas with offset angles, eutruded
� curbs, parking bbcks or any areas where Street Sweeping equipment has diffculty in
maneuvering, the Contracior shall use whatever legal means necessary to maintain
the cleanliness of these areas.These areas are suhject to all the terms and conditions
listed in this Agreement. Sweeping of alley ways shall include two passes to ensure
complete coverage of the alley.
6. Upon City approval, Contractor may use the City's Corporation Yard (637 W. Struck
Ave.)tostoreitsStreet5weepers. Cit�sapprovalmaybewithdrawnatanytimewith
reasonable notice to Contractor. Prior to the use of the City facility, an access
agreement between the Contractor and the City will be required.
59
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
7. Debris shall be disposed of in a legal manner per all applicable regulations. The
Contractor shall obtain all permits and/or make all notifications to the County of
Orenge, or other local enforcement agencies, as necessary for debris handling
(transfer, hauling, etc.).
8. As an alternative, the Contractor may propose to use ihe City's Corporation Yard to
store and trensfer debris obtained from City of Orange areas only. The Contractor
shall obtain and maintain any necessary permits to operate the transfer of Solid
Waste.The Contrector shall maintain and clean the transfer area of the Corporation
Yard at no additional cost to the City. There is limited ground area that is covered by
the existing drainage clarifier. The Contrector shall be responsible for maintaining
proper drainage and shall ensure all water associated with sweeping operations is
contained in the designated drainage area. The Contractor shall include any cost
savings for this alternative in their proposal. Prior to the use of the City facility, an
access agreement between the Contractor and the City will be required.
9. TheContractorshallfurnishcopiesofvalidcommercialdriverlicensesforalloperators
assigned to City,whether permanently or temporarily assigned to City.
10.The Contractor shall assign to the City, at all times, the necessary amount of fully
operational Street Sweeping vehicles and qualified operators to perform ihe Scope of
Work as outlined in this Agreement unless written approval from the City has been
obtained. Contractor shall have on-call reserve sweeping vehicle(s) and operetor(s)
in case of equipment failure or personnel illness/absents.
11.The Contrector's equipment operetor shall maintain a log, listing the locations of
roadways that cannot be adequately swept because of obstructions such as low
hanging limbs or vehicles parked on City streets. The Contractor shall report these
locations, by address,to the City within 48 hours. (Deductions may be made from the
Contractor's compensation for areas not swept due to obstructions that were not
reported to CiSy within the time allowed.)
12.The Contrac[or's equipment operators shall main[ain a log and report to the City items
such as tree limbs or other obstructions blocking ihe normal path of the sweeper.
Operators shall also report items such as graffiti, significant roadway potholes,
damaged curb and gutter, areas of the sidewalk with significant liking, and other
similar liability i[ems. The Contractor shall report these items to the City daily
(Monday-Friday) and submit the written log�s) weekly. The City shall provide the
Contrector's operators with annual training to help with identifying theze types of
items.
60
Ciry of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
13.The Contractor shall, during the Term of this Agreement, respond to all non-
emergency callbacks to the satisfaction of the City, within twenty-four (24) hours of
notification. Failure to comply with this requirement will result in a reduction in
compensation to the Contractor as determined appropriate 6y the City. Noti£cations
of deficiencies, poor workmanship, or missed sweeping received from Customers
within 48 hours ofthe original designated sweeping time shall be responded to bythe
Contractor at no additional charge to the City. The City will notify the Contrector of
such instances.
14.The regularly scheduled Street Sweeping times shall be adhered to bythe Contrenor
unless deviation from the approved schedule is authorized by the City. A significant
number of City streets are posted no parking for Street Sweeping or have alternate
side postings during designated hours on various days of the week. The Contrector
shall coordinate sweeping operetions with Parking Control Officers from the City of
Orange Police Department.
15. In the event that Inclement Weather precludes adhering to the regular sweeping
schedule,the affected areas may 6e omitted from the schedule for that cycle only,as
directed by the City. During Inclement Weather, a two-hour standby period, prior to
the designated start time, shall be observed before a scheduled Residential or
Commercial sweep will be canceled. All cancellations will be at the discretion of the
City.
16.The City shall have the right to establish holiday schedules.When a City holiday occurs
on a regularly scheduled sweeping day, said sweeping area shall not be swept. No
makeup for the sweeping area is required unless directed by the City.
17. Contractor shall notify the City should the Contractor have an emergency,and the City
shall determine whether the Contractor is released of completing a daily route based
on the nature of the emergency. The City has the authority to interrupt scheduled
service should the City have an emergency.
18.The Contractor shall legally dispose of all de6ris collected under the performance of
this Agreeme�t by hauling it to a Disposal site subject to the approval of the City.
19.The Contractor shall make all necessary arrangements through the City's Water
Division,(714) 288-2475,to obtain water meters and shall payfor water necessary to
the Contractor's operations. Water costs are the responsibility of the Contractor and
shall be included in the Bid Item costs for associated work. No additional
compensation for water will be allowed.
61
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
20. In the event that Contractor is found to have obtained water for its sweepers from
the Cit�s Water Division without using a water meter, Contractor shall pay to City a
liquidated damage pursuant to SecYion 12.3 equal to five hundred dollars (5500) per
instance for each instance Contrector obtained water without using a water meter.
5.2 Street Sweeping Areas
The service areas, hours of operation, and estimated frequencies of service under the
provisions of this Agreement are detailed in Appendix A.
The Contractor acknowledges personal inspection of the sites and the surrounding areas and
has evaluated the extentto which the physical condition thereof will affect the services to be
provided.The Contrec[or accepts the premises in their present physical condition,and agrees
to make no demands upon the Cityfor any improvements or alterations to those premises.
Some sweeping routes may be adjacent to public or private schools. The Contractor shall
coordinate these sweeping routes to ensure no conflicts are created. Sweeping adjacent to
schools shall be completed na less than thirty minutes prior to the start time of school or
commenced thirty minutes after the start time.
53 Inspection Rating System
The City shall prepare and implement an Inspection Rating System to be used to periodically
evaluate Street Sweeping performance, and potentially assess liquidated damages for
substandard Street Sweeping performance (see sample rating system in Appendix B). This
form and system may be modified at the discretion of the City. Contractor agrees to be so
evaluated by this system and bound by the ratings and/or resulting liquidated damages
indicated in the monthly Inspection Rating System report. The Inspection Rating System will
be conducted periodically at the sole discretion of City. If Contrector receives a reting of
ninety(90) or lower pursuant to the scoring system shown in Appendix B, Contractor shall be
subject to liquidated damages pursuant to Section 123 a)5).
5.4 Inspectio�s, Meetings, and Documentatian
The City reserves the right to perform inspections, including inspection of Contractor's
equipment,at any time for the purpose of verifying the Contractor's performance under this
Agreement,and identifying any deficiencies.
The Contractor or its authorized representative shall meet with the City representative on
each site at the discretion and convenience of the City, for walk-through inspections. All
routine maintenance functions shall be completed prior to this meeting.
62
City of Orenge
Integreted Solid Waste Management and Street Sweeping Agreement
At the request ofthe City, the Contractor,or its representative, shall attend meetings and/or
trai ning sessions, as determined by the City,for purposes of orientation,information sharing,
Agreement revision,description of the City policies, procedures, standards, and Ihe like.
The Contrector shall provide to the City such written documentation and/or regular reports
as the City deems necessary to verify and review Contractor's performance under this
Agreement and to provide to the City pertinent information relative to the maintenance,
operation, and safety of the sites.
5.5 Special Sweeps
The Contrector shall,during the term of this contract, respond to requests for Special Sweeps
required during emergencies, twenty-four (24) hours per day, seven (7) days per week, by
dispatching required sweeping equipment to the site, within one (1) hour of contact by[he
City.The Contractor shall maintain an accurate emergency contact list throughout the Term
of this Agreement and provide that list to the City annually. There shall be no minimum
compensation for emergency Special Sweeps. City shall compensate Contractor for
emergency Special Sweeps pursuant to the hourly rates shown in Exhibit D.
In addition to the daily Street Sweeping services required in ihis Agreement, the City may
request additional non-emergency Special Sweeps.The City shall request Specia l Sweeps with
at least a 48-hour notice. The Contractor shall be compensated for Special Sweeps at the
established rete in. There shall be no minimum compensation for non-emergency Special
Sweeps. City shall compensate Contractor for non-emergency Special Sweeps pursuant to
the hourly rates shown in Exhibit D.
5.6 CustomerService—Street5weeping
The Con[ractor shall maintain a customerservice program.5aid program shall be operational,
at a minimum, from 8:00 A.M. to 5:00 P.M., Monday through Friday, exclusive of holidays
("Office Hours"). A responsible and qualified bilingual (English and Spanish speaking)
representative of the Contractor shall 6e available during Office Hours for personal
communication with the public.
The Contractor's telephone system shall be adequate to handle the volume of calls typically
experienced on the busiest days. If City receives more than five (5) complaints in thirty (30)
days that Customers are unable to contact the Contractor by phone, City may require
Contractor to increase capacity. Contractor shall have a representative, a message machine,
or an answering service available outside of Office Hours. Calls received outside of Office
63
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
Hours shall be responded to on the next business day. Contractor shall provide City with a
twenty-four (24) hour emergency number to a live person, not voice-mail.
Service complaints received by the City shall be directed to the Contrector. The Contractor
shall keep daily logs of complaints forwarded to it for a minimum of three (3) years. In
addition to forwarded complaints, Contractor shall log all other complaints received and said
log shall include the date and time the complaint was received, the name, address and
telephone number of the Customer, a description of the complaint, the name of the
employee recording the complaint,and the action taken bythe Contractorto respond to and
remedy the complaint.
All written Customer complaints and inquiries shall be date-stamped when received. All
complaints shall be initially responded to within one (1) business day of receipt. Contractor
shall resolve complaints within two (2) business days. Contractor shall log action taken by
Contractor io respond to and remedythe complaint.
All Customer service records and logs kept by the Contractor shall be available to the City
upon request. The City shall, at any time during regular Office Hours, have access to the
Contractor's Customer service department for purposes that may include monitoring the
quality of Customer service or researching Customer complain[s.
Disputes between the Contractor and Customers regarding the services provided in
accordance with this Agreement may be resolved bythe City.The City's decision shall be final
and binding.
Intervention by the City is not a condition precedent to any rights or remedies third parties
might otherwise have in any dispute with the Contrector. Nothing in this section is intended
to affect the remedies of third parties against the Contractor.
5.7 Communication and Emergency Response
The Contractor shall, during the Term of this Agreement, maintain a twenty-four (24) hour
emergency telephone number with a 714 area code. This num6er is for the City to contan
the Contractor. For hours beyond a normal 8:00 am to 5:00 pm business day, an answering
service shall be considered an acceptable substitute. Answering machines are not
accepta6le.
All requests for emergency services shall require equipment and operetor to be dispatched
to the required location as soon as possible aher notification; but in all cases within one (l)
hour,to the satisfacfion of the City. If any emergency service request is not responded to in
64
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
one(1)hour,the City shal I be notified immediately of the reason for not meeting the required
response time followed by a written report to the City within two (2)working days.
Whenever immediate action is required to prevent possible injury, death, or property
damage (including Sanitary Sewer Overflows), City may, after reasonable attempt to notify
the Contractor,cause such action to be taken byalternate workforces and,as determined by
the City,charge the cost thereof to the Contractor,or deduct such cost from any amount due
to the Contrector. This deduction shall include a markup for administrative costs equal to
fikeen percent (35%) of the actual costs incurred.
Contractor's supervisors shall carry mobile telephones with a 714 area code.Supervisors shall
respond to any call from the City within ihirty(30) minutes at anytime.
5.8 Safety—Street5weeping
The Contractor agrees to perform all work outlined in this Agreement in such a manner as[o
meet all accepted siandards for safe prectices during the performance of its duties and to
safely maintain stored equipment, machines, and materials or other hazards consequential
or related to the work;and agrees additionallyto accept the sole responsibility for complying
with all City, County, state or Federal requirements at all times so as to protect all persons,
including Con[rector's employees, agents of the City, vendors, members of the public or
others from foreseeable injury, or damage to their property. Contractor shall make weekly
inspec[ions for any potential hazards at said sites and keep a log indicating date inspeaed
and action taken.
The Contrector shall notify the City immediately of any occurrence of accident, injury, or
persons requiring emergency services and, if so requested, shall prepare a written report of
the incident to the City within three(3)calendar days following the occurrence,unless a lesser
time period is required by law. Contractor shall cooperate fully with the City in the
investigation of any such occurrence.
5.9 Street Sweeping Services
The acceptable daily hours of sweeping services shall be in accordance with Appendix A or as
designated by the existing Street Sweeping signs throughout the City, which shall be
considered normal work hours as may pertain to any other provision of this Agreement.
The Contractor shall be sweeping the route within 30 minutes of [he time posted on the
Street Sweeping"no parking"signs or time designated in Appendix A.
65
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
The Contractor shall provide staffing to perform the required sweeping services during the
prescribed hours as specified in these Agreement documents. Any changes in the days and
hours of operation heretofore prescribed shall be subject to approval by the City.
5.10 Sweeping Schedules
The Contrector shall, within thirty (30) days aker the execution of this Agreement, suhmit
current Street Sweeping schedules to the City for review and approval. Said schedules shall
identify requ ired Street Sweeping operetions and del ineate the time frames for performance.
A routine Street Sweeping operations schedule shall include all tasks required at the intervals
required.
The Contractor shall submit revised schedules when actual performance differs substantially
from planned performance, and from time to time as requested by the City. Said revisions
shall be su6mitted to the City for review and approval, within five (5) working days prior to
the original or revised scheduled time for the work,whichever is earlier.
5.11 Training—StreetSweeperOperators
The Contractor shall provide sufficient personnel to perform all work in accordance with the
specifications set forth in this Agreement. In cooperation with the Orange Police
Department,the Contractor agrees to conduct,and to pay for,6ackground checks if required
by the City on all personnel providing sweeping services for this Agreement. In the event
such background check reveals an item,which Orenge Police deems a security problem,City
may requestthat such individual be removed from the list of personnel authorized to provide
services to the City. The Contractor's personnel shall possess the minimum qualifications for
the position in which each is working.
The Contractor shall have a local representative with authoriiy to contractually bind the
Contractor in matters, which may arise during the Term of this Agreement. The Contractor
shall provide, prior to commencement of work under this Agreement, in writing to the City,
a statement indicating by name the specific authority vested in the local representative.The
Contractor's local representative shall be responsible for instructing and training of the
Controctor's personnel in the proper and specified work method and procedures; directing,
scheduling, and coordinating all sweeping services and functions to completely accomplish
the work as requi�ed by this Agreement. The local representative shall be available for
consultation regarding problems on a daily basis at some time during regular working hours
(6:00 a.m. to 4:00 p.m., Monday through Friday).
Each crew of the Contractor's employees shall include at least one individual who speaks
English proficiently. Forthe purposes of this section,a crew is understood to be any individual
66
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
worker or group of workers who might service any site without other Contractor's supervisory
personnel present.
The City may at any time give the Contractor written notice to the effect that the conduct or
action of a designated employee of the Contractor is, in the reasonable belief of the City,
detrimental to the interest ofthe public patronizing City premises.The Contracior shall meet
with representatives of the City to consider the appropriate course of action with respeci to
such matter and the. Contrector shall take reasonable measures under the circumstances to
assure the City that the conduct and acciviiies of the Contractor's employees will not be
detrimental to the interest of the public patronizing City premises.
The City may at any time order any of the Contractor's personnel removed from City premises
when, in the reasonable belief of the City, said Contractor's personnel is objectionable.
unruly, unsafe, or ocherwise detrimental to the interest of ihe City or the public patronizing
City premises
The Contractor shall require each of its personnel to adhere to basic public works standards
of working attire including uniform shirts and/or vests clearly marked with the Contrector's
company name and employee name badges as approved by the City.Sufficient changes shall
be provided to present a neai and clean appearance ofthe Coniracior's personnel at all times.
Shirts shall be worn and buttoned at all times. The Contrector's personnel shall he equipped
with proper shoes and other gear requ ired by state safety regulations. Brightly colored traffic
vests or reflectors, meeting Caltrans' standards, shall be worn when personnel are working
near vehicular traffic.
5.12 Noise—StreetSweeping
The Contractor shall not interfere with the public use of City premises and shall conduct its
operations as to offer the least possible obstruction and inconvenience to the public or
disruption to the peace and quiet of the area within which the servites are performed.
In the event that the Contrector's operations must 6e performed when persons of the public
are present, Contractor shall courteously inform said persons of any operations that might
affect them and, if appropriate, request persons to move out of the work area.
Contractor shall be subject io local ordinances regarding noise levels with regard to
equipment operations. Contractor shall not use any power equipment except as specifically
detailed in local ordinances. The Contractor is hereby notified that specific hours of service
are required. Further,any schedule of such operations may be modified bythe City to ensure
that the public is not unduly impac[ed 6y the noise created 6y such equipment. The
67
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
Contractor is responsible to know and follow all noise related requirements listed in the
Orange Municipal Code.
5.13 Street Sweeping Equipment
The quality and quantity of the equipment used by the Contractor for the sweeping of streets
shall be sufficient to perform the work required in this Agreement. A minimum of five (5)
primary sweepers and two (2) back-up sweepers shall be provided. Three (3) primary
sweepers shall be hroom type and two (2) primary sweepers shall be vacuum type or
regenerative air vacuum cype. One (1) back-up sweeper shall be broom type and one (1)
backup sweeper shall be vacuum type or regenerotive air vacuum type.The City reserves the
right to adjust the type of sweepers,with regard to mechanical or vacuum operations, based
upon actual performance and cleanliness of the streets being swept.Any allowable change in
the equipment type shall be accompanied by a change in cost,subject to negotiation and f nal
approval by the City.
At no time shall any primary sweeper exceed 9 years old or any backup sweeper exceed 10
years old. All sweepers shall meet regulaiory standards applicable in the year of operation.
All sweepers shall be subject to a visual inspection by the City at any time during the
Agreement timeframe or subsequent Agreement ex[ensions. Upon completion of such
inspection, the City may direct the Contractor [o refurbish the exterior of the sweeper to
include metal fabrication and painting. The intent is to ensure sweepers used by the
Contractor are not rusty, degraded, or visually unpleasant. Sweepers not passing the visual
inspection by the City shall be replaced with acceptable sweepers at no cost to the City.The
need to repair or replace a sweeper is at the sole discretion of the City. Upon request,
Contractor shall provide to City the manufacturer's specifications for equipment used in the
City.
All equipment shall be equipped in accordance with state law.The flashing beacon light shall
be visible for a minimum of one mile,flash 60-90 times per minute, mounted for 360 degree
visihility, and equipped with an amber lens. An arrow board, approved by the City, shall be
mounted on the back of all equipment. All sweeping equipment provided by the Contractor
shall comply with PM 10, AQMD Rule 1186, and rule 1186.1 air quality requirements;
specifically,sweepers must be powered by alternative-fuels(e.g. CNG, propane, LNG).
Each sweeper shall be equipped with a porta6le blower. 7he Concractor shall utilize the
portable blower to move de6ris to a locacion where it can be removed by the sweeper unit
any time obstructions, Semporary or permanent, limit the sweeper unit's access to areas
included in sweeping services. Blowers shall not be used directly adjacent to parked vehicles.
68
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
Any Street Sweeping vehicle fluid leaks shall be cleaned immediately using all appropriate
cleaning methods, and properly disposed. Each sweeper provided by the Contractor shall
ca rry a spill kit and the operator shall be properly trai ned on how to clean spills.Costs incurred
by the City to respond to, clean up, and/or contain fluid spills from any Contrector's vehicle
shall be paid by the Contractor.
All sweepers shall have in large markings the name of the Contractor, and the phrase "Under
Controct with the City of Orange" either painted or permanently affixed to both sides of the
sweepers.
Each sweeper shall be equipped with an automatic vehicle location device (e.g. GPS). The
vehicle location and management system shall be approved by the City.
All Street Sweepers shall be adequately equipped with a water system for dust control and
shall comply with AQMD fugitive dust regulations(i.e. Rule 403).
All Street Sweepers shall have two-way radio communication with the City during sweeping
operations.The City maintains an 800 MHz radio system, operated bythe County of Orange.
The Contractor may elect to operate on the City's 800 M Hz frequency or may elec[to provide
a separate means of two-way communication with the City. Any proposed two-way
communication shall be operational throughout the entire City limits and approved by the
City.
5.14 Street Sweeping Equipment Location and Repair
The City requires that all equipment (both primary and backup sweepers) to be used for
performing services under this Agreement be kept within 20 miles of the City limits.
The Contractor shall maintain a facility for repair and care of sweepers used in the City.
8rushes and 6rooms shall be maintained in proper condition and shall be replaced as
recommended bythe manufacturer,orwhen pick-up ability bemmes impaired.Contractor is
responsible for all costs associated with the installation, operation and maintenance of all
devices/equipment utilized as part of the Street Sweeping services.
The Contractor shall demonstrate that adequate support equipment shall be available,
including debris transfer vehicles,pickup trucks,service trucks,tire trucks,and any other item
of equipment necessaryto provide sweeping services as described within this Agreement.All
equipment, including support equipment,to 6e used by Contractorshall be listed as a part of
the detailed inventory to support the Contractor's qualifications.
69
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
The Contractor's equipment and equipmeni service records, including warrenty repair, shall
be subject to periodic inspection by City. All work, to include warranty and non-warranty
work, shall be documented for City review.
Scheduled or unscheduled equipment maintenance and/or repairs shall be noticed to City
immediately,with anticipated date and time of equipment return.
The City shall have the option of performing a complete inspection of all vehicles at any time
throughout the Term of this Agreement. If any vehicle is inspected and it is determined to
not meet standards the City deems necessary to fulfill the terms of this Agreement, or to
operete safely, the City may require such vehicle(s) be brought to standard before being
placed back in service. Anyvehicle accidents involving sweepers assigned to the City must be
reported in writing within 24 hours of said accident to the City.
5.15 GPS Equipment and Sokware
The Conirector shall provide automatic vehicle location device (e.g. GPS) on primary and
backup sweeper units. This device shall be placed on all sweeping equipment at the
Contractor's cost.
The Contractor shall provide associated software progrems, which will report all Street
Sweeping activity.The associated software shall be provided at no cost to the City including
monthly monitoring charges. The Contrector shall provide sokware and licensing for two
work stations(at the City's Corporetion Yard)and all associated IT services required to install,
maintain, and update this software for the duration of the Agreement. Software shall be
capable of being operated on computers utilizing Microsoft Windows XP.
Sohware shall be capable of demonstrating real-time location, speed and path of travel of
equipment equipped with GPS systems. Software shall be capable of recording and printing
daily ac[ivity logs indicating actual miles traveled,ground speed of equipmeni,the location of
equipmen[ at any given time, and any oiher information that is suitable for documenting
actual work performed by the Contractor underthis Agreement. Data collec[ed may be used
by the City for the Inspection Rating System.
The Contrector shall have a backup system to [he GPS in Ihe event of a system failure. The
backup system shall be subject to City approval. The Contractor shall provide adequate
training on an annual basis for City staff in the operation and use of this system.
The Contractor shall respond to a GPS data request by the City in one working day.
70
City of Orenge
Integreted Solid Waste Management and Street Sweeping Agreement
Should any location device fail, or need repair,the Contractor shall immediately report that
the system is inoperative[o the City. If the Contractor's software or monitoring wehsite fails,
the City shall immediately notify the Contractoc The Contrector shall repair any nom
operation portion of the system within two (2) business days or Contractor shall pay to City
one hundred dollars($100)dolla rs for each iwenty-four(24)hour period,or portions thereof,
that the system is unavailable to the City.
6. OTHER SERVICES
6.1 Customer Billing and Contrectar Compensation
6.1.1 Cart Billi�g
Contractor shall bill Customers for Cart Collection Service as shown in Exhibit A. Contractor
shall invoice Single-family Customers with Cart Collection service quarterly in advance on or
ahout the first day of the quarter during which service will be provided. Contractor shall
prorate invoices for Customers that start or stop service during the month. Contractor shall
invoice any Single-family Customers with Bin or Rolloff Collection service according to the
billing method for Commercial or Multi-family Customers with Bins, or according to the
method for 6illing Rolloff Customers.
6.1.2 Bin, Rolloff and 7emporary Services Billing
Contractor shall bill Customers for Bin, Rolloff Box and temporery services and other special
charges as shown in Exhibit A, Exhibit B, and Exhibit C. Contrector shall prorate invoices for
Customers that start or stop service during the month. Commercial Customers may share
Bins and Contractor shall separately bill such Customers their proportionate share.
Contrector shall bill monthly, no sooner than the first day of service and require payment no
sooner than 30 days from the start of the service period.
For individually serviced Customers who request temporary Rolloff Box or temporary Bin
service, Contracmr shall accepi major credit cards for payment. Individually serviced
Customers who do not use credit cards may be required by the Contractor to post a security
deposit or to pay on a "Cash on Delivery" (C.O.D.) basis. Any unused portion of a security
deposit shall be refunded to the Customer within five business days of the termination of
service.
In the evenY Contrector charges a fee without advance approval, Contrector shall pay back
each Customer [hat has been assessed the fee, plus a one-time interest charge of 10%.
Contractor may,with Ciry approval, applythe amoun[as a credit on an account.
71
City of Orenge
Integreted Solid Waste Management and Street Sweeping Agreeme�t
6.13 Start and Stop Service—Vacant Residential Units
Upon notification by a Single-family or Multi-family Nstomer with Cart Collection Service
that one or more Dwelling Units are or will be vacant, Contractor shall prorate and/or credit
the Customer's invoice to reflect the period of time during which the Dwelling Units are
vacant. Contractor shall rely on Customers written representation of the period of time
during which the Dwelling Units are vacant. Contractor shall not require any ocher
documentation from Customec Contrector may retrieve Customer's Carts for any vacant
Dwelling Unit at no charge to Nstomec Contrector may charge the Re-start Fee in Ezhibit A
to re-deliver a set of three Carts that have been retrieved due to vacancy. In the event of a
dispute, the City Manager shall have final authoriiy to make the determination on whether
and when a �welling Unit is vacant.
6.1.4 Contrec[or's Invoices
Bills must be itemized by Container size and frequency of service and service period.City must
approve Contractor Billings as to content and format of invoices. All bills must carry a due
date, not "due upon receipY'.
6.1.5 Non-Payment; Collections;Suspension of Service
In the event of non-payment by a Customer 8illed by Contractor, Contractor must follow
these steps 6efore suspending service:
a) First Notice- If payment is not received by 15 days aker due date, Contractor
shall notify Customer in writing of the non-receipt of payment and that non-
payment can result in suspension of service.
b) Second Notice- If payment is not received within 15 days of the mailing of the
first notice of non-receipt of payment,Contractor shall mail a second notice of
non-receipt of payment, warning of service shall be suspended in 15 days if
paymeni is not received and that City may undertake code enforcement
against the delinquent Customer.
Contractor shall not suspend service without prior approval from City and may
be required to continue Residential service despite lack of payment due to
health and safety concerns. Contractor may request a security deposit of up
to two months' service from Customers that have had service suspended for
non-payment.
72
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
Contractor shall not suspend service to any public or private preschool,
elementary school, middle school, high school, alternative education facility,
college, university, or education related facility. Contractor shall not suspend
service to any hospital or medical related facility.
For City-Billed Customers, Contractor shall be compensated only on revenue
received by Ciiyfrom Customers and Contractor may not take action regarding
collections without prior approval from City,regardless of City's actions or lack
of actions in the collection of unpaid Billings.
Notwithstanding the above, in the event of a Billing dispute or to avoid a
negative impact on public health or safety, Contractor shall continue to
provide service to all Customers unless permitted otherwise by City, without
regard to the status of said Customer account. City may consider Customers
who have their service suspended for non-payment to be in violation of
Section 8.28.170 of the Orange Municipal Code. City agrees to make
reasonable efforts to enforce Sec[ions 8.28.190 and 8.28.200 of the Orange
Municipal Code.
6.1.6 Exemption from Service
City may, but is not required to, establish guidelines io exempt properties from receiving and
paying for Solid Waste Collection service. Exempt properties may include vacant or
unoccupied properties or properties in which Owners can document alternative means of
self-haul Disposal.
6.2 Customer Service
6.2.1 LocalOffice
Contractor shall mainiain a local office within the County of Orange or within fifteen (15)
miles of the City of Orange city limits.Said office shall be open("Office Hours"),at a minimum,
from 5:00 A.M.to 5:00 P.M.,Monday chrough Friday, exclusive of holidays.A responsible and
qualified bilingual (English and Spanish speaking) representative of Contractor shall be
available during Office Hours for personal communication with the public at the local office.
Contractor's telephone system shall be adequate Yo handle the volume of calls typically
experienced on the busiest days. If City receives more than five (5) complaints in thirty (30)
days that Customers are unable to contact Contractor by phone, City may require Contractor
ta increase capacity.Contractor shall have either a representative,a message machine,or an
answering service available outside of Office Hours. Calls received outside of Office Hours
73
City of Orenge
Integreted Solid Waste Management and Street Sweeping Agreement
shall 6e responded to on the next business day. Contractor shall provide City with a twenty-
four(24) hour emergency number to a live person, not voicemail.
Contractor shall also accept Customer complaints and inquiries via email. Contractor shall
record Customercomplaints and inquiries in accordance with Section 6.2.2.Customer service
representatives receiving multiple complaints are to be transferred from Customer service
duties or,with City approval, disciplined and appropriately trained.
6.2.2 Complaint Documentation
Service complaints received by City shall be directed to Contractor.Contrector shall keep dai ly
logs of complaints forwarded to it for a minimum of three (3)years.
Contractor shall record all calls and emails, including any inquiries, service requests and
complaints into a customer service log. This log shall include the date and time the complaint
was received,the name, address and telephone number (and email address, if applicahle) of
the caller/complainant, a description of the complaint,the name of the employee recording
the complaint and the action taken by Contrector to respond to and remedy the complaint.
Log shall also include each instance that Solid Waste and/or Recyclables are not Collected,
and the form of notification used to inform the participants of the reasons of non-Collection
and the end result or means of resolution of the incident.
All written Customer complaints and inquiries shall be date-stamped when received. All
complaints shall be initially responded to within one (1) business day of receipt Contractor
shall use best efforts to resolve complaints within two(2) business days. Contractor shall log
action taken by Contractor to respond to and remedy the complaint.
All Customer service records and logs kept by Contractor shall be available to City upon
request City shall, at any time during regular Office Hours, have access to Contractor's
Customer service department for purposes that may include monitoring the quality of
Customer service or researching Customer complaints.
6.2.3 Resolution of Customer Complaints
Disputes between Contractor and Customers regarding the services provided in accordance
with this Agreement may be resolved by City. Ciry's decision shall be final and binding.
Intervention by City is not a condition precedent to any rights or remedies third parties might
otherwise have in any dispute with Contractor. Nothing in this section is intended to affect
the remedies of third parties against Contractor.
74
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
6.2.4 Contrect Liaison
Contrector shall designate in writing a "Contract Liaison"who shall be responsible for working
with City and/or City's designated representative�s)to resolve Agreement-related issues.City
shall have the right to approve the Contractor's choice for a Coniraci Liaison. City shall be
notified in advance of any change in Contrect Liaison.
6.2.5 Service Liaison
Contractor shall designate in writing a field supervisor as "Service Liaison" who shall be
responsible for working with City and/or City's designated representative(s) to resolve
Customer service-related complaints. City shall have the right to approve the Contractor's
choice for a Service Liaison. City shall be notified in advance of any change in Service Liaison.
6.3 Education and Public Awareness
6.3.1 Generel
Contractor acknowledges and agrees that education and public awareness are critical, key
and essential elements of any efforts to achieve the requirements of AB 939. Accordingly,
Contractor agreesto take direction from Cityto maximize opportunities to expand public and
Customer knowledge concerning needs and meihods to reduce, reuse and Retycle Solid
Waste and to cooperete fully with City in this regard.
Contractor shall maintain its own program of providing information relevant to needs and
methodsto reduce,reuse and recycle Solid Waste with its Bills.All public education materials
shall 6e approved in advance by City and shall be printed in English, Spanish, or other
languages that the City may designate.
6.3.2 Implementation and On-going Education Requirements
To promote public education, in addition to any other materials it develops, Contractor shall
create the following pu6lic education materials and programs at its expense, which will be
distributed as indicated below.All of these materials and programs shall be produced and/or
available in English and Spanish languages, including pictures wherever applicable. All
brochures, mailings, and other educational materials are to be approved by City in advance
of dis[ribution.A Public Education Plan shall be suhmitted to City for review within sixty(60)
days aker the execution of this Agreement.The plan shall address the items described in this
section.
75
City of Orenge
Integreted Solid Waste Management and Street Sweeping Agreement
Annual Brochures/Mailings - Not less than four times per year during the Term, Contractor
shall prepare and distribute to each Customer a mailing or billing insert to update Customers
regarding progrom basics, program changes, holiday schedules and other service-related
information. Separete brochures shall be developed for Residential and Commercial
Customers,reflectingthe different services provided to each group. Mailings should promote
and explain: all Solid Waste programs offered by City and Contrecior (such as Recycling,
Organics, Holiday Tree and Bulky Item Collections) described in detail; the environmental,
regulatory, and other benefits of participating in Recycling; how to properly dispose of
Household Hazardous Waste such as syringes, paint, etc. through ihe Couniy's program, the
City's door-to-door program, or other means; Collection schedules, including holiday
schedules; Customers service numbers; and the procedures to begin and terminate services.
This brochure shall be at leastfour(4) pages and printed in full color.City may provide mailing
labels from its Billing system. Contrector is responsible for all associated costs.
Corrective Action Notice - Contrector shall develop a corrective action notification form for
use in instances where a Customer sets out inappropriate materials for Collettion, that
explains the appropriate manner for Disposal of such items.
Website - Contrector shall develop and maintain a website to enable Customers to contact
Contractor and to display holiday schedules, proper HHW disposal procedures, which
materials areto be placed in Recyclables Containers and other useful information.Controctor
shall also provide outreach through othertechnologies that many be developed.
Classroom Education Curriculum - Contractor shall prepare and coordinate classroom
education curriculum with the Orenge Unified School District, if requested by the District.
Customer Education-Organics
Contractor shall conduct applicable public outreach as approved by the City to encourage
Customers to include all types of Organics within the Green Waste/Organics Carts. Public
outreach shall include, but not be limiied to, educational stickers applied to the lids of Green
Was[e/Organics Carts, Cart tags, and educational fliers. All new or replaced Green
Waste/Organics Carts shall describe the Organic materials allowed to be placed in the Green
Waste/Organics Carts.
633 Contractor Representative
Contractor shall retain on its staff an individual who shall, as part of his or herjob function,
routinely visit civic groups, school assemhlies, homeowners' associations, Multi-family
Premises and husinesses, m promote and explain the Recycling programs Contrector offers,
and participate in demonstrations, and civic events.
76
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
6.3.4 Community Events
At the direction of City, Contractor shall participate in and promote Recycling and other
Diversion techniques at City-sponsored Special Event, and community events and local
activities designated by City. Such participation shall include providing, without cost,
Collection and educational and publicity information promoting the goals of City's Solid
Waste program.
6.4 Waste Generation/Characterization Studies
Contractor acknowledges that City must perform Solid Waste generation and Disposal
characterization studies periodically to comply with the requirements of A8 939. Contractor
agrees to participate and cooperate with City and its agents and to accomplish studies and
data collection and prepare reports, as needed and directed by City, to determine weights
and volumes of Solid Waste Collected and characterize Solid Waste generated, disposed,
trensformed, diverted or otherwise handled/processed, by Customer type (Single-family,
Multi-family, Commercial), to satisfy the requirements of AB 939. Contractor shall at its sole
expense conduct such a waste generation and characterization study upon request of City.
7. CONTRAROR COMPENSATION AND RATES
7.1 General
The maximum rates set forth in Exhibit A, Exhibit B, Exhibit C, and Exhibit D, and as those
maximum rates may be adjusted during the Term,shall be ihe maximum amount Contractor
may charge Customers as full, entire and complete compensation due pursuant to this
Agreement for all labor, equipment, materials and supplies, taxes, insurance, bonds, letters
of credit,overhead, Disposal,transfer,profit and all other things necessary to perform all the
Solid W aste Handling and Street Sweeping services required by this Agreement in the man ner
and at the times prescribed. Contractor shall impose no other charges for services provided
to Customers unless approved by the City Manager.
7.2 Initial Rates
The maximum rates that Contractor may charge Customers from lanuary 1, 2020 through
lu ne 30,2020,shall not exceed the mazimum rates set forth in Exhi6it A,Exhi6it B,and Ezhihit
C.
77
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
73 Schedule of Future Adjustments
Beginning with the Rate Year starting July 1, 2020 and ending on lune 30, 2021, and for all
subsequent Rate Years,Coniractor may request an annual adjustment to the maximum rates
shown in Exhibit A, Exhibit B, and Exhibit C.
Contrector shall submit its annual rate adjustment request in writing, to be received by City
in person or via certified mail, prior to the preceding March 30T^, or at least ninety(90) days
prior to the effective date of the rate adjustment. If Contractor does not submit a rate
adjustment request prior to March 30`^, City may delay the effective date of the rate
adjusfinent by one month for each 30 day period (or any portion thereof) after March 30'^
that Controctor does not submit a rate adjustment request. Any delayed rate adjustment
shall become effective on the first day of the month (i.e., not become effective mid-month).
Contractor shall forego lost revenue due to any delayed rate adjustment.
Contrector's annual rote adjustment request shall be based on the method of adjustment
described in Section 7.4. Adjustments to the maximum retes are subject to the approval of
the City Council.
7.4 Method of Adjustments
7.9.1 Generel
The annual rote adjustment percentage for each Rate Year shall he based on a combination
of:
1. An Inflation Adjustment Percentage; and,
2. A Fized Adjustment Percentage.
The Inflation Adjustment Percentage shall be based on the formula described in Section
7.43. The Fixed Adjustment Percentage shall be the percentages shown in Section 7.4.2 in
Table 1,Table Z,and Ta61e 3. The iotal rate adjustment percent for any given Rate Year shall
he the sum of the Inflation Adjustment Percentage and the Fixed Adjustment Percentage.
For Single-family Residenfial rates,there shall be no Fixed Adjustment Percent. The me[hod
of calculating the annual rate adjustments is described below. Ezamples of the rate
adjustment method are shown in Exhibii E and Exhibit F.
7.41 Fized Adjustment Percentage
The Fized Adjustment Percentages below in Table 1,Table 2, and 7a61e 3 were negotiated by
City and Contractor and shall remain constant and fixed for each rate adjustment.
78
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
Table 1- Fized Adjustment Percentages-Residential
Rate Fized
Adjustment Rate Year Ended Adjustment
Effective
Date Percentage
luly 1,2020 June 34,2021 0.0%
luly 1,2021 June 30,2022 0.0%
luly 1,2022 June 30,2023 0.0%
luly 1,2023 June 30,2024 0.0%
luly 1,2024 lune 30,2025 0.0%
Table 2-Fixed Adjustment Percentages-Commercial
Rate Fieed
Adjustment RateYearEnded Adjustment
EffeRive
Date Percentage
luly 1,2020 June 30,2021 6.1%
luly 1,2021 June 30,2022 6.2%
luly 1,2022 June 30,2023 63%
luly 1,2023 June 30,2024 0.0%
luly 1,2024 June 30,2025 0.0%
Table 3-Fixed Adjustment Percentages- Rolloff
Rah Fiaed
Ad�ustment RahVearEnded Adjustment
Effec[ive
Date Percenbge
luly 1,2020 June 30,2021 8.4%
luly 1,2021 lune 30,2022 8.6%
July 1,2022 June 30,2023 8.6%
July 1,2023 June 30,2024 0.0%
luly 1,2024 June 30,2025 0.0%
Pursuant to Section 7.1, the Contractor may request an adjustment to the maximum rates
according to the method described below and the formula shown in Exhibit E and Exhibit F,
subject to review and approval of City.All future adjustments are[o be effective July 1.
7.43 Inflation Adjustment Percentage
The Inflation Adjustment Percentage shall consist of the cost component categories shown
in Table 4. Each cost component shall 6e adjusted by the change in the corresponding index
in Table 4. See Section 7.4.4 for detailed rate adjustment procedures.
79
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
Table 4—Cost Components of Inflation Adjustment Percentage
Initial WeightingsforJuly
Cost 1, 2020 Adjustment Index
Category
Residential Commercial
Change in the highest level rete for the"Driver A/B"
Classification to be in effec[as of the date the new
Labor 23.7% 20.0/ rates go into effect (luly lst) under the Agreement
between local haulers and Package and General
Utility Drivers Local Union 396, International
8rotherhood ofTeamsters(1)
Producer Price Index, WPU 0531 not seasonally
Fuel 4.7% 4.9% adjusted, Fuels and rela[ed products and power,
� naturol gas
Equipment 19.3% gg� Producer Price Index, PCU336120336120, Heavy
dutytruck manufacturing
Insurance 0.9% 0.9% Producer Price Index, PCU524--524--, Insurance
carriers and related activities
Landfill �g 8� 21 5� Ac[ual change in landfll gate fee per ton at the
Disposal Orange County Landfill System
Consumer Price Index, Series ID: CUUR549ASA0,
All O[her 32.fi% qq q� AI I items in Los Angeles-Long Beach-Anaheim, CA,
all urban consumers,notseasonallyadjusted(U.S.
Department of Labor, Bureau of Labor Statistics.
Total 100.0% 700.0%
Note: The Inflation Adjustment Percentage for the rate adjustment effeRive luly 1, 2020
shall be reduced by 1.94% on a one-time 6asis to recoup the doubling of July 1, 2019 rate
adjustment from 1.94%to 3.88%. For example, if the calculated Inflation Adjus[ment
Percentage for July 1, 2020 is 3.0%, it shall 6e reduced to 1.06% (3.0 less 1.94%).
80
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
Table 5—Example Calculation to Labor Components
Contract Date 10/Ol/18 10/Ol/19
Hourly Ra[e $23.40 $24.15
Rate Adjustment Date n/a 7/Ol/20
Change to Labor Component n/a 3.2%
Note: The Inflation Adjustment Percentage for the rate adjustment effective July 1, 2020
shall be reduced by 1.94% on a one-time basis to recoup the doubling of July 1, 2019 rete
adjustment from 1.94% to 3.88%. for example, if the calculated Inflation Adjustment
Percentage for luly 1, 2020 is 3.D%, it shall be reduced to 1,06Yo (3.O less 1.94%).
81
Ciry of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
Table 5 shows an example calculation of the labor component. Comparable rates from
subsequent labor agreements will simi larly apply. If a subsequent la6or contract has not been
executed prior to a rate adjustment calculation, the percentage change in the labor cost
component used in the prior year's adjustment calculation will be used. In the evenc that the
estimated labor component change is higher or lower than the actual change after a new
labor contrect is executed, no compensation adjustment shall be provided for prior periods.
7.4.4 Rate Adjustment Steps
All retes will be adjusted using the same methodology described below. Residential and
Commercial retes shall be adjusted usingthe corresponding cost component weightings from
Section 7.4.3.
a) Step One - Calculate the percentage increase or decrease in each index listed
in Section 7.4.2. The increase or decrease in the published indices for fuel,
equipment insurance and all other(CP1) will be for the change in the average
annual published indez between the calendar year ended the December prior
to the Rate Vear anniversary date and prior calendar year. Though the first
year's adjustment is 6 months into the Term,the adjustment will still be based
upon only the applicable 12-month change in all indices, including labor.
b) Step Two -The first set of rete adjustment cost components as a percentage
of total costs are provided in Section 7.41 above, to be used for the rete
adjustment effective July 1, 2020,with subsequent components calculated in
Step Five of the rate adjustment. For Step Two of each subsequent rate
adjustment, use the cost components recalculated in Step Five during the
previous rate adjustment. Multiply the percentage changes for each rate
adjustment component 6y that component's weighting and add these
resulting percentages together to derive the Inflation Adjustment Percentage.
c) Step Three—Add the Inflation Adjustment Percentage from Step 7wo w the
corresponding Fixed Adjustment Percentage from Table 1,Table 2, or Table 3
in Section 7.4.2. The result is the Total Rate Adjustment Percentage.
d) StepFour-MultiplyiheTotalRateAdjustmen[PercentagefromStepThreeby
the existing Customer rates to calculate the increase or decrease to the
maximum rates. Add the rate increase or decrease to the existing rates to
derive the newly adjusted retes.
e) Step Five - Recalculate Residential and Commercial cost component
weightings for the following year based upon these changes.
82
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
7.5 Guaranteed Low Rates
Contrector guarantees that throughout the term of ihis Agreement the Contractor's rate for
Residential Cart Customers and Bin Customers with three-yard Bin service, once per week,
shall be in the lowest third of rates being charged for similar services in all cities in the County
of Orenge. 7he Contractor's compareble rete shall be the total amount being received by
Contrector for services provided under this Agreement. In comparing rates of other cities
with that of the City, franchise fees paid by Solid Waste providers in the comparable cities
shall be excluded from the calculation of the other cities' compareble retes. In addition, only
those fees related to and charged for the provision of integrated Solid Waste management
services shall be included in the comparison.Such fees would include fuel surcharges,capital
accounts for Solid Waste Containers and AB 939 program fees. Fees for Street Sweeping,
storm drains, sewers or other non-related services shall be excluded.
In addition, for purposes of comparison, the cost of anaerobic digestion processing at the
Contractors Facility in Perris shall be excluded, from both the City's rate, and from other
City's that have anaerobic digestion processing of their Single-family Residential Organics.
For purpose of this comparison, the cost of anaerobic digestion processing at the inception
of this Agreement shall be three dollars and sixty-one cents (53.61) per home per month.
This comparison amount shall be adjusted each year commensurate with the Inflaiion
Adjustment Percentage described in Section 7.4.3.
As used in this section,the term "similar services"for residential customers shall refer to an
automated three-Cart system utilizing one Cart for mixed waste, one Cart for Recyclable
Materials and one Cart for Organic Waste (as adjusted for the cost of anaerobic digestion
processing at the Contrac[or's Facility in Perris).
If comparable cities have rates for multiple sizes of Residential Carts,the rate for the largest
size Refuse Cart shall be used. The City and Contractor agree that the attached lis[ of cities
for residential three-Cart systems and for Bin Customers(Exhibit G) provide "similar services"
as that term in used in this Agreement. If any of the listed cities discontinue the three-Cart
system or other cities add the three-Cart system,they shall, respectively,be deleted or added
to the list. If any of the listed cities modify their Commercial system to an "open system" in
all areas of the city, then that city will be excluded from the list. Only franchise-regulated
rotes shall be used for comparison purposes in determining whether the Contractor has met
its ohligations under this section. Upon receipt of the Contrector's annual rate comparisons,
the City shall review the comparable cities and their rates and notify the Contractor of its
o6jections, if any.
83
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
In determining whether the rates charged by the Contractor are in the lowest third, there
must be twice as many cities on the list charging a higher rate as there are cities charging a
lower rete.As an example, if 17 cities are listed, including the City of Orange, the City would
have to at least be the 6th lowest, with five cities lower and 11 cities higher. If 32 cities are
listed, including the City, the City would have to at least be the llth lowest, with 30 cities
lower and 21 cities higher. Contractor shall file its rate comparison in accordance with Section
7.3 of this Agreement with the City 6y March 30 of each year.
Should compliance with this section li mit a rate increase for the three-yard Bin Collected once
per week to less than the percentage rate increase calculated under Section 7.4,any increase
for all Bin service levels will be limited in that Rate Year to the same percentage increase
permitted for the three-yard Bin Collected once per week.
7.6 E:treordinaryAdjustments
Controctor may request an adjustment to maximum rates at reasonable times other than that
allowed under Sec[ion 7.4 in the event of extraordinary changes in the cost of providing
service under this Agreement. Such changes shall not include:
• Changes in tipping fees for Recyclable Material processing costs;
• Cyclical changes in Rolloff volume;
• Inaccurate estimates by the Contractor of its proposed cost of operetions;
• Unionization of Contractor's work force;or,
• Changes in wage rates or employee benefits.
Unusual increased costs may include:
. Eztraordinary changes in the market value of Recyclables;
. Extraordinary increases in the tipping fees charged at the Orange County Landfill
System;
• Changes in direct per ton fees assessed at a Disposal Site by federal, State or local
regulatory agencies;
• Changes in service mandated bythe City;
• Changes to the Orange Municipal Code affecting Contractors operations;
• Increases in fees imposed by the City;
• Changes in state or local government solid waste fees and charges; or,
• Changes in the law.
For each request for an adjustment to the mazimum rates that Contractor may charge
Customers brought pu rsuant to this section Contractor shall prepare a schedule docu menting
84
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
the extraordinary costs. Any request for an extraordinary adjustment shall be submitted at
least one hundred twenty (120) days prior to the effective date of the adjustment. Such a
request shall be prepared in a form accepta6le to City Managerwith support for assumptions
made by Contractor in preparing the estimate. Contractor shall also submit a schedule
showing how its total costs and total revenues have changed over the past three years for
the services provided under ihis Agreement.
The City Manager may request a copy of the Contractor's annual financial statements in
connection with the City Manager's review of Contractor's rate adjustment request. The City
Manager shall review the Contractor's request and, in City Manager's sole judgment and
absolute, unfettered discretion, make the final determination as to whether an adjustment
to the maximum rates will 6e recommended to the City Council,and the appropriate amount
of the adjustment.The City Manager may consider increases or decreases in the Controctor's
total revenues and total cost of services when reviewing an extraordinary rate adjustment
request. Only a recommendation that an adjustment be allowed shall be presented to the
Ciiy Council. Extraordinary rate adjustments shall only be effective aker approval by City
Council and may not be applied retroactively.
No increase in rates may occur unless and until any notice and hearing which may be required
by Proposition 218 (California Constitution Article XIII D, section 6), and related California
Government Code sections have been given and held. The City shall initiate and undertake
the notice and hearing process with respect to any increases in fees and charges occurring
from time to time during the Term arising from the operation of this section, in accordance
with the requirements of Proposition 218 (California Constitution Article XIII D, section 6�,
and related California Government Code sections. If the proposed increase in rates is not
approved at the hearing pursuant to the requirements of the Proposition 218 process,there
will be no increase in the rotes under this Agreement.
8. REVIEWOFSERVICESANDPERFORMANCE
8.1 Pertormance Review Meeting
City may hold a meeting or a public hearing annually io review Contractor's Solid Waste
Handling efforts, source reduction, processing and other Diversion services and overall
performance under this Agreement (the "Solid Waste Services and Performance Review
Meeting"�. The purpose of the Solid Waste Services and Performance Review Meeting is to
provide for a discussion and review of technological, economic, and regulatory changes in
Collec[ion, source reduction, Recycling, processing and Disposal to achieve a continuing,
advanced Solid Waste Handling, source reduction and Recycling and Disposal system; and to
ensure services are being provided by Contractor with adequate quality, effectiveness and
economy, and in full compliance with the terms of this Agreement.Topics for discussion and
85
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
review at the Solid Waste Services and Performance Review Meeting shall include, but shall
not be limited to, services provided, feasibility of providing new services, application of new
technologies, Customer complaints, amendments to this Agreement, developments in the
law, new initiatives for meeting or exceeding AB 939 goals, regulatory constraints, results of
route audits, and Contractor performance. City and Contractor may each select additional
topics for discussion at any Solid Waste Services and Performance Review Meeting.
City shall notify Contractor of its intent to hold a Solid Waste Services and Performance
Review Meeting at least sixty(60)days in advance.Thirty(30)days after receiving notice from
City of a Solid Waste Services and Performance Review Meeting, Contractor shall submit a
report to City which may contain such information as it wished to have considered,and shall
contain the following:
a) Current Diversion rates and a report on Contractor's outreach activi[ies forthe
past year.
b) Recommended changes and/or new services to improve City's ability to meet
the goals of AB 939 and to contain costs and minimize impacts on rates. A
specific plan for AB 939 compliance shall be included.
c) Any specific plans for provision for new or changed services by Contractor.
The reports required by this Agreement regarding Customer complaints shall be used as one
basis for review of Contrector's performance, and Contractor may submit other relevant
performance information and reports for consideretion at the Solid Waste Services and
Performance Review Meeting. In addition to the above, City may request Contractor to
submit any other specific information relating to its performance for consideration at the
Solid Waste Services and Performance Review Meeting, and any Customer may suhmit
comments or complaints during or before the Meeting, either orally or in writing. Contractor
shall be present at and participate in the Solid Waste Services and Performance Review
Meeting.
As a result of its findings following any Solid Wasie Services and Performance Review
Meeting, City may require Con[ractor to provide expanded or new services within a
reasonable time and City may direct or take corrective actions for any performance
inadequacies (although nothing contained in this provision should be construed as requiring
City to hold a Solid Waste Services and Performance Review Meeting in order to enforce any
rights or remedies it has pursuant to the terms in this Agreement.) Should City require
expanded or new services as a remedy for Contractor's failure to perform its obligations
hereunder,no additional compensation shall be due for such services.Otherwise,any new or
expanded services required of Contractor shall be subject to She provisions of Section 2.10.
86
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
8.2 Performance Satisfaction Survey
If requested by the City,Contractor shal I create and conduct a survey at Contraaor's expense
in preparation for any Solid Waste Services and Performance Review Meeting held pursuant
to Section 8.1. City shall notify Contractor of its desire for such a survey at least 90 days in
advance of the Solid Waste Services and Performance Review Meeting. The purpose of the
survey is to determine Customer satisfaction with curreni Collection services and Customer
service provided by Controc[or. The Survey will be distributed to a minimum of ten percent
(10%) of the Residential Customers and ten percent (10%) of the Commercial Customers,
selected at random. City may instruct Contrector to send out separate Single-family and
Multiple-Family/Commercial surveys. Contractor shall obtain City's approval of each survey's
content, format, and mailing list prior to its distribution. City may require that Contrector
have Customer responses to the survey returned directly to City. The survey results shall be
made available to the City thirty(30) days prior to the Solid Waste Services and Performance
Review Meeting.
9. RECORDS, REPORTS AND INFORMATION REQUIREMENTS
9.1 General
Contractor shall maintain such accounting, statistical and other records related to its
performance under this Agreement as shall be necessaryto develop the financial statements
and other reports required by this Agreement. Also, Contractor agrees to conduct data
collection, informaiion and record keeping, and reporting activities needed to comply with
applicable laws and regulations and to meet the reporting and Solid Waste program
management needs of City. To this extent, such requirements set out in this and other
sections of this Agreement shall not be considered limiting or necessarily complete. In
particular,this section is intended to only highlight the general nature of records and reports
and is not meant to define exactly what the records and reports are to be and their content.
Further, with the written direction or approval of City, the remrds and reports to be
maintained and provided by Contractor in accordance with this and other sections of the
Agreement shall be adjusted in number,format, or frequency.
87
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
9.2 Records
9.2.1 General
Contrenor shall maintain records required to conduct its operations, to support requests it
may make to City, and to respond to requests from City in the conduct of City business.
Adequate record security shall be maintained to preserve records from events that can be
reasonably anticipated such as a fire, thek and earthquake. Electronically maintained
data/records shall be protected and backed up. All records shall be maintained for five (5)
years and shall continue to be available for five (5) years after the expiration of this
Agreement. After minimum holding periods are met, Contractor shall notify City 90 days
before destroying records.
Contractor agrees that the records of any and all companies conducting operetions add ressed
in the Agreement shall be provided or made available to City and its official representatives
during normal business hours. Account histories shall be accessible to the City 6y computer
for a minimum of five(5)years.City may review or utilize any of the records described in this
section. Such records include, but are not limited to, financial, Solid Waste, CERCLA and
Disposalrecords.
9.2.2 Financial Records
Contractor shall maintain financial records in accordance with generally accepted accounting
principles (GAAP) relating to its operations pursuant to this Agreement separate and
segregated from such records relating to its other operations. Contrector shall maintain at
least the following records:
a) Audited financial statements for Contractor or, if a guarantee was provided,
for the parent company guarantor as a whole;
b) Financial statements(compiled, reviewed or audited)of revenue and expense
for this Agreement segregated from the other operations of Contractor
(including without limitation Shose operations of Contractor in City and
surroundingjurisdictions which are not covered bythis Agreement), including
a description of segregation me[hodology; and,
c) Complete descriptions of related party transactions (corporate and/or
regional management fees,inter-company profits from transfer,processing or
Disposal operations�.
88
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
9.2.3 Solid Waste Records
Contractor shall maintain and make available ro the City upon request the following records
relating to its operations pursuant to this Agreement:
a) Customer services and Billing/City payment records;
b) Records of tons Collected, processed, diverted and disposed by waste stream
(Refuse, Recycling, Organic Waste), 6y Customer type (Wrt, Residential Bin,
Commercial and Rolloff Box), and the Facilities (Transfer Station, MRF, or
landfill)where such material wastaken(Residential Bin versus Commercial Bin
tonnage may be estimated based upon Container d istribution or other method
approved by City);
c) Quantity of Recyclable Materials recovered by material type, as well as
quantity of material diverted from landfills in compliance with AB 939;
d) Bulky Item results and Special Event tonnages, including tons disposed and
diverted;
e) Rautes;
f) Facilities, equipment and personnel used;
g) Facilities and equipment operations, maintenance and repair;
h) Number and type of Refuse, Recycling and Green Waste Containers in service;
i) Complaints; and,
j) Missed pickups.
9.2.4 CERCLA Defense Records
City views the ability to defend against the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) and related litigation as a matter of great
importance. For this reason, City regards the ability to prove where Solid Waste Collected in
the City was taken for Disposal, 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 ii was not
landfilled) for not less than five (5) years following the termination of this Agreement, and
89
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
agrees to notify City's Risk Manager and City Attorney before destroying such records
thereafter. At any time, including after the expiration of the Term of this Agreement,
Contractor shall provide copies of such records to City.The requirements of this section shall
survive the expiration of the Term of this Agreement.
9.2.5 Disposal Records
Contractor shall maintain, and make available to the City upon request, remrds of Disposal
of all Solid Waste Collected in City for the period of this Agreement and all extensions to this
Agreement or successor Agreements. In the event Contractor discontinues providing Solid
Waste Collection Services to City, Contractor shall provide all records of Disposal or
processing of all Solid Waste Collected in City within thirty(30)days of discontinuing service.
Records shall be in chronological and organized form and readily and easily interpreted.
9.2.6 Other Progrems' Records
Records for other programs shall be tailored to specific needs. In generel,they shall include:
a) Plans,tasks, and milestones; and,
b) Accomplishments in terms such as dates, activities conducted, quantities of
products used, produced or distributed, and numbers of participants and
responses.
9.2.7 Audit
City may conduc[ an audit of Contractor at any time. The scope of the audit, and auditing
party,shall be determi ned by City a nd the scope may include,but is not limited to,compliance
with terms of this Agreement, Customer service levels and Billing, fee payments, Gross
Receipts,tonnage,verification ofweightings of cost components used in the rete adjustment
formula descri6ed in Section 7.4, and verification of Diversion rate. The first audit, to be
performed during 2021, will be based on the Contractor's reports and records for calendar
year 2020. Audits will be performed every other year thereafter (the biennial audit).
Contractor will reim6urse to the City the cost of such audits (including audits conducted by
City staff)up to$90,000 forthe first audit,and $60,000 for each subsequent biennial audit in
2020 dollars. The 560,000 amount in subsequent years shall be increased annually 6y the
change in CPI using the formula for the change in the service component of the rates in
Section 7.4.
Should an audit conduc[ed or authorized by the City disclose that fees payable by Contractor
were underpaid 6y two percent (2%)or more,that tonnage was misreported by 2%or more,
90
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
or that more Ihan two percent (2%) of the Customers were inaccurately billed based on [he
auditor's sampling,for the period under review,City may expand the scope of the audit and
recover additional audiY costs from the Contractor.
9.2.6 Payments and Refunds
Should an audit disclose that fees payable by the Contrector were underpaid or that
Customers were overcharged for the period under review, Contractor shall pay to City any
underpayment of fees and/or refund to Contracror's Customers or to City,as directed by City,
any overcharges within thirty(30) days following the date of She audi[.
Contractor shall pay interest to the City for any underpayment or overcharges at an annual
rate of 12%. Undercharges shall not be billed in arrears for more than ninety (90) days of
service, with any remaining undercharges absorbed by Controctor. Should an audit disclose
[hat fees were overpaid, City shall credit such amounts against future fees payable by
Contractor.
9.3 Reports
9.3.1 Report Formats and Schedule
Records shall be maintained in forms and by methods that facilitate flezible use of data
contained in them to structure reports, as needed. Contractor may propose report formats
that are responsive to the objectives and audiences for each report.The format of each report
shall be approved by City. In addition to submitting all reports on paper, Contractor agrees to
submit all reports in an electronic format approved by City, compatible with City's
software/computers at no additional charge.
Reports shall 6e su6mitted within thirty (30) calendar days after the end of the reporting
period.Annual reports for which a date is not otherwise specified in this Agreement shall be
submitted within thirty (30) calendar days after the end of the calendar year. If requested,
Controctor's complaint summary,described in SeRion 6.2.2,shall be sent to the City Manager
within five (5) business days of request.All reports shall be submitted to:
City Manager(or designated representative)
City of Orange
300 E Chapman Ave.
Orange, CA 92866
91
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
9.3.2 MonthlyReports
The information listed below shail be the minimum reported:
a) Solid Waste Collected by Contractor, sorted by type of Solid Waste Collected
and diverted (Refuse, Recycling, Organic Waste) in tons (including
contamination and Diversion rates for each waste stream and Customertype�,
Customer type(Cart, Residential Bin,Commercial Bin and Rolloff Box) and the
Facilities where the tons were processed or disposed.
b) Warning notices issued for contaminated Recyclable Materials and Organic
Waste Containers.
c) Narrative summary of problems encountered and actions taken with
recommendations for City, as appropriate.
d) quantity of Recyclable Materials recovered by material type, as well as
quantity of material diverted from landfills in compliance with AB 939.
e) Description of Contractor outreach activities and copies of promotional and
public education materials sent during the month.
f) A list of all Customers that generate recaverable edible Food Waste.
g) Other information or reports that City may reasonably request or require.
9.3.3 Annual Report
The Annual Report is to be essentially in the form and content of the monthly repon,but shall
also include:
a) A summary of the number of Containers in service as of Oecember 31 by size
(number of gallons, number of yards), sector (Residential Cart, Commercial
Cart, Residential Bin, Commercial Bin and Rolloff Box�, service frequency, and
type of service (Refuse, Recycling, Organic Waste�.
b) Records of tons Collected, processed, diverted and disposed by waste stream
(Refuse, Recycling, Organic Waste), by Customer type (Cart, Residential Bin,
Commercial Bin and Rolloff Box), and the Facilities (Transfer Station, MRF, or
landfill) where such material was taken.
92
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
c) Gross Receipts by sector (Cart, Residential Bin, Commercial Bin and Rolloff
Box).
d) A complete inventory of vehicles used to provide all services, including make,
year, type, fuel used, use, California license number and whether or not it is
used as a spare.
e) Number of routes and route hours per day by type of service as of December
31.
f) Generel information about the Contrector and its most recent annual report.
g) Other information or reports that City may reasonably request or require.
93.4 Financial Report
The City may, at City's option, request and be provided with Contrector's financial
reports/statements for the most recently completed fiscal year in connection with any audit,
extraordinary rete adjustment request, or verification of other information required under
this Agreement.
Financial statements shall include a supplemental combining schedule showing Contractor's
results of operations, including the specific revenues and expenses in connection with the
operations provided for in this Agreement, separated from others included in such financial
statements. The financial statements and footnotes shall be prepared in accordance with
GAAP and audited, in accordance with Generally Accepted Auditing Standards (GAAS) by a
certified public accountant(CPA) licensed (in good standing)to practice public accounting in
the State of California as determined by the State of California Department of Consumer
Affairs Board of Accountancy.The cost for preparotion of the financial statements and audit
shall 6e borne by Contractor as a direct cost of service. In addition, Contractor shall provide
to City the supplemental schedule on a compiled basis.
9.4 ReportingAdverselnformation
Contractor shall provide City two copies (one to the Ciiy Manager, one to the City Attorney)
of all reports, pleadings, applications, notifications, Notices of Violation, communications or
other material relating in any way to Contractor's performance of services pursuant to this
Agreement,submitted by Contractor to,or received by Contractor from,the United States or
California Environmental Protection Agency, the California Department of Resources
Recycling and Recovery,the Securities and Exchange Commission or any other federal, State
or local agency, including any federal or State court. Copies shall be submitted to City within
93
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
thirty (30) days of receipt hy Contractor, or sooner if reasonably apparent that to do so is
materially relevant, and any responses by Contractor shall be submitted to City
simultaneously with Contractor's filing or submission of such matters with said agencies.
Contractor's routine correspondence to said agencies need not be routinely submitted to City
but shall be made available to City promptly upon City's written request.
9.5 Right to Inspect Records
City shall have the right to inspect or review the specific documents or records required
expressly or 6y inference pursuant to this Agreement,or any other similar records or reports
of Contractor or its Affiliates that City shall deem, in its sole discretion, necessaryto evaluate
annual reports, and Contractor's performance provided for in this Agreement. Contractor
shall make all records and documents to be reviewed and inspected by City as a part of any
audit or other record review conducted by City, available for City's review, inspection and
copying within five (S)days of receiving written notice from City requesting the same.
9.6 FailuretoReport
The refusal or failure of Contractor to file any required reports, or to provide required
information to City, or the inclusion of any materially false or misleading statement or
representation 6y Contractor in such report shall be deemed a material breach of the
Agreement as described in Section 12.1 and shall subject Contrector to all remedies which
are available to the City under Agreement or otherwise.
30.INDEMNIFICATION,INSURANCE,BOND AND LETTER OF CREDIT
10.1 Indemnification
Contractor hereby agrees to and shall indemnify and hold harmless City, its elected and
appointed boards, commissions, officers, employees, consultants and agents (collectively,
"Indemnitees")from and against any and all loss, liability,penalty,forfeiture,claim,demand,
action, proceeding or suit in law or equity of any and every kind and description (including,
but not limited to, injury to and death of any Person and damage to property, or for
contribution or indemnity claimed by third parties) arising or resulting from and in any way
connected with(1)the negligence or willful misconduct of Contractor,its officers,employees,
agents, mntractors and/or subcontractors in performing services under this Agreement; (2)
the failure of Contrector, its officers, employees, agents, contractors and/or subcontractors
to comply in all respects with the provisions of this Agreement, applicable laws (including,
without limitation, the Environmental Laws�, ordinances and regulations, and/or applicable
permits and licenses; (3) the acts of Contractor, its officers, employees, agents, contractors
and/or subcontractors in performing services under this Agreement for which strict liability
94
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
is imposed by law (including, without limitation, the Environmental Laws). The foregoing
indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim,
demand, action, proceeding, suit, injury,death or damage is also caused in part by any of the
Indemnitees' negligence but shall not extend fo matters resulting from the Indemnitees'sole
negligence, or willful misconduct. Contractor further agrees to and shall, upon demand of
City, at Contractor's sole cost and ezpense, defend (with attorneys acceptable to City) the
Indemnitees against any claims,actions,suits in law or equity or other proceedings,whether
judicial, quasi-judicial or administrative in nature, arising or resulting from any of the
aforementioned events,and to reimburse City for any and all costs and expenses Ciiy incurs
in providing any such defense, either before, during or after the time Contrector elects to
provide such defense, including any and all costs incurred in overseeing any defense to be
provided in this Agreement by Contractor.
Contrector, upon demand of City, made by and through the City Attorney, shall protect City
and appear in and defend the Indemnitees in any claims or actions by third parties, whether
judicial, administretive or otherwise, including, but not limited to disputes and litigation over
the definitions of "Solid Waste" or "Recyclable Material", the scope of the rights granted in
this Agreement, conflicts between the rights granted in this Agreement and rights asserted
by other Persons, or the limits of City's authority with respect to the grant of licenses, or
agreements, exclusive or otherwise, or asserting rights under ihe United States or California
Constitutions or any federal or State law to provide Solid Waste Collection Services in the
City.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL BE GIVEN THE
BROADEST POSSIBLE INTERPRETATION AND SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THIS AGREEMENT.
10.2 Hazardous Substances Indemnification
Without regard to any insurence coverege or requirements, and without limiting the above
general indemnifica[ion obliga[ion in any way, Contractor specifically agrees to and shall, [o
the mazimum extent permitted by law, defend (with counsel acceptable to City), reimburse,
indemnify, and hold harmless from and against any and all claims, actions, liabilities,
damages, demands,judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees,
consultant fees, penalties and any and all other losses, damages, fees and expenses of
whatever kind or nature ("Claims") (including 6ut not limited to response costs,investigative
costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs,
remediation costs, and similar costs, damages and expenses)that arise out of or are alleged
to arise out of or in anyway relate to any action, inaction or omission of Contrectorthat;
95
Gity of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
a) results in any demand, claim, notice, order, or lawsuit, asserting that any
Indemnitee is liable, responsible or in any way obligated to investigate,assess,
monitor, study, test, treat, remove, remediate, or otherwise cleanup, any
Hazardous Contaminant (as defined in this Agreement); or
b) relates to material Collected, transported, recycled, processed, treated or
disposed of by Contrector.
Cantractor's obligations pursuant to this section shall apply,without limitation,[o:
a) any Claims brought pursuant to or based on the provisions of any
Environmental Law;
b) any Claims based on or arising out of or alleged to be arising out of the
ownership,use, lease,sale, design,construc[ion,maintenance or operetion of
Contractor of any Facility;
c) any Claims based on or arising out of or alleged to be arising out of the
marketing, sale, distribution, storage, transportation, Disposal, processing or
use of any materials recovered by Contractor; and
d) anyClaimsbasedonorarisingoutoforallegedtobearisingoutofanybreach
of any express or implied warranty, representation or covenant arising out of
or in connection with this Agreement.
The foregoing indemnity and defense obligations shall apply irrespective of the negligence or
willful misconduct of Contractor or any Affiliate of Contractor.
For purposes of this section, the term "Hazardous ContaminanY' shall mean any Hazardous
Substance, any Hazardous Waste any crude oil or refined or unrefined petroleum product or
any fraction or derivative thereof; and any asbestos or asbestos-containing ma[erial: The
term "Hazardous Contaminant" shall also include any and all amendments to any referenced
statutory or regulatory provisions made before or after the date of ezecution of this
Agreement.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL BE GIVEN THE
BROADEST POSSIBLE INTERPRETATION AND SHALL SURVIVE THE EXPIR4TION OR EARLIER
TERMINATION OF THIS AGREEMENT. �
96
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
10.3 Indemnification and Guarantee
To the eutent authorized by law,Contractor agrees to indemnify and hold harmless City from
and against all fines and/or penalties imposed by CalRecycle in the event the source reduction
and Recycling goals or any other requirement of AB 939, AB 341, AB 1826, AB 1594, or SB
1383 are not met by City with respect to the waste stream Collected under this Agreement.
Contractor warrants and represents that it is familiar with City's waste charecterization study
as set forth in City's Source Recovery and Recycling Element(SRRE), and that it hasthe ability
to and shall provide sufficient progrems and services to ensure City will meet or exceed the
Diversion requirements(including,without limitation,amounts of Solid Waste to be diverted,
time frames for Diversion, and any other requirements)set forth in AB 939, AB 341,AB 1826,
AB 1594, or 58 1383, with respect to that portion of the Solid Waste generated in City that is
the subject of this Agreement.
10.9 Insurance
Contractor shall procu re and maintain during the entire Term of this Agreement the following
types of insurance, and shall maintain the following minimum levels of coverage,which shall
apply to any claims which may arise from or in connection with Contracior's performance
hereunder or the actions or inactions of any of Concrector's officers,agents, representatives,
employees, or su6contractors in connection with Contractor's performance. The insurance
requirements hereunder in no way limit Contractor's various defense and indemnification
obligations, or any other obligations as set forth in this Agreement.
a) Minimum Scope of Insurence. Coverage shall be at least as broad as:
1) The most recent editions of Insurance Services Office Commercial
Generel Lia6iliry coverage("occurrence"form CG 00 Ol).
2) The most recent edi[ions of Insurance Services Office form number CA
00 Ol covering Automohile Liabili[y, code 1 "any auto' and
endorsement CA 00 25.
3) Workers'CompensationinsuranceasrequiredbytheLaborCodeofthe
State of California and Employers Lia6ility insurance.
b) Minimum Limits of Insurance. Contrector shall maintain in force for the term
of this Agreement limits no less than the greater of the following, or all the
insurance coverage and/or limits carried by or availa6le to Contractor:
97
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
1) Comprehensive General Liability: Ten Million Dollars ($10,000,000)
limit aggregate and Ten Million Dollars ($30,000,000) limit per
occurrence for bodily injury, death and property damage.
2) Automobile Liability: Ten Million Dollars ($10,000,000) combined
single limit per accident for bodily injury,death, and propertydamage.
3) Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of
California or provide evidence of state approval to be self-insured.
4) Employer's Lia6ility: $2,000,000 per accident for 6odily injury or
disease.
c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by City. At the option of City,
either: the insurer shall reduce or eliminate such deduc[ibles or self-insured
retentions with respec[ to City, its officials, employees and agents; or
Contrector shall procure a bond guaranteeing payment of losses and related
investigations,claim administration and defense expenses.
d) Other Insurance Provisions. The policies are to contain, or be endorsed to
contain,the following provisions:
1) Generel Liability and Automobile Liability Coverages
i) City, its elective and appointive boards, commissions, officials,
employees, agents and volunteers are to be named as
additional insureds with respect to: liability arising out of
activities performed by or on behalf of Contractor; products
and completed operations of Contractor; Premises owned,
leased or used 6y Contrac[or; or vehicles owned, leased, hired
or borrowed by Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to City,
its elective and appointive boards, commissions, officials,
employees, agents or volunteers.
ii) Contractor's insurance mverage shall be primary insurance
with respect to City, its elec[ive and appointive boards,
commissions, officials, employees, agents and volunteers. Any
insurance or self-insurence maintained by City, its officials,
98
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
elective and appointive boards, commissions, employees,
agents or volunteers shall be excess of Contractor's insurance
and shall not coniribute with it.
iii) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to City, its officials, elective
and appointive boards, commissions, employees, agents or
volunteers.
iv) Coverage shall state that Contractor's insurance shall apply
separetely to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's
liability.
2) Workers'CompensationandEmployersLiabilityCoverage-Theinsurer
shall agree to waive all rights of subrogation against City, its officials,
elective and appointive boards, commissions, employees, agents and
volunteers for losses arising from work performed by Contractor for
City.
3) All Coverages - Each insurance policy required 6y this clause shall be
endorsed to state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverege or in limits except after
thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given ro City.
e) Acceptability of Insurers. The insurance policies required by this section shall
be issued by an insurance company or companies authorized to do business in
the State of California and with a rating in the most recent edition of Best
Insurance Reports of size category VII or larger and a rating classification of A
or betier.
f) Verification of Coverage. Contractor shall furnish City with certificates of
insurance and with original endorsements affecting coverage required by this
clause.The certificates and endo�sements for each insurance policy are to 6e
signed by a Person authorized by that insurer to bind coverage on its behalf.
The certifcates and endorsements are to be on forms provided by or
acceptable to City and are to be received and approved by City before work
commences. City reserves the right to require complete, certified copies of all
required insurance policies, at anytime.
99
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
g) Companies and Subcontractors. Contractor shall include all Companies and
subcontractors as insureds under its policies or shall furnish separate
certifiwtes and endorsements for each Contractar and subcontractor. All
coverages for Companies and subcontrectors shall be subject to all of the
requirements stated in this Agreement.
h) Required Endorsements
1) The Workers' Compensation policy shall contain an endorsement in
substantially the following form:
i) Thirty (30) days prior written notice by certified mail, return
receipt requested, shall be given to City in the event of
cancellation, reduction in coverage, or non-renewal of this
policy.Such notice shall be sent to:
City Manager
City of Orange
300 E. Chapman Ave.
Orange, CA 92866
2) The General Liability policy shall contain endorsements in substantially
the following form:
i) Thirty(30)days prior written notice shall be given to City in the
event of cancellation, reduction in coverage,or non-renewal of
this policy. Such notice shall be sent to:
City Manager
City of Orange
300 E. Chapman Ave.
Orange, CA 92866
ii) "This policy shall be considered primary insurance with respect
to any other valid and collectible insurance maintained by City,
including any self-insured retention or program of self-
insurance, and any other such insurance shall be considered
ezcessinsurance only'.
iii) "Inclusion of City as an insured shall not affect Ciry's rights with
respect to any claim, demand, suit or judgment brought or
100
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
recovered against Contractor. This policy shall protect
Contractor and City in the same manner as though a separate
policy had been issued to each, but this shall not operate to
increase Contractor's liability as set forth in the policy beyond
the amount shown or to which Contractor would have been
liable if only one party had been named as an insured".
i) Delivery of Proof of Coverage. Simultaneously with the execution of this
Agreement, Contrector shall furnish City certificates of each policy of
insurance required hereunder,in form and substance satisfactoryto City.Such
certificates shall show the type and amount of coverege, effec[ive dates and
dates of expirotion of policies and shall have all required endorsements. If City
requests, copies of each policy, together with all endorsements, shall also be
promptly delivered to City.
Renewal certificates shall be furnished periodically to City to demonstrate
maintenance of the required coverage throughout the Term.
j) Other Insurance Requiremen[s
1) In the event any services are delegated to another company or
subcontractor, Contractor shall require such Contractor or
subcontractor to provide statutory workers' compensation insurence
and employer's liability insurance for all of the Contrector or
subcontrector's employees engaged in the work in accordance with
this Section 10.4. The lia6ility insurance required by this Section 30.4
shall cover all Contractor or subcontroctors or the Contractor or
subcontractor must furnish evidence of insurance provided by it
meeting all of Yhe requirements of this Section 10.4.
Z) Contractor shall comply with all requirements of the insurers issuing
policies.The carrying of insurance shall not relieve Contrac[or from any
obligation under this Agreement. If any clai m exceeding the amount of
any deductibles or self-insured reserves is made by any third Person
against Contractor or any Contractor or subcontractor on account of
any occurrence related to this Agreement, Contractor shall promptly
report the facts in writing to the insurance carrier and to City.
If Contractor fails to procure and maintain any insurance required hy
this Agreement, City may take out and maintain, at Contractor's
101
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
expense, such insurance as it may deem proper and deduct the cost
thereof from any moneys due Contractor.
30.5 Faithful Performance eond
Conwrrently with execution of this Agreement,Contractor shall deliver to City a performance
bond in the sum of the amount of Seven Hundred Fifty Thousand Dollars ($750,000), from a
surety and in a form acceptable to City Attorney, which secures the faithful performance of
this Agreement, including,without limitation, payment of any penalty and the funding of any
work to cure a breach of this Agreement, unless such requirement is waived 6y the City
Manager. The bond shall contain the original notarized signature of an authorized officer of
the surety and affixed thereto shall be a certified and current copy of his power of attorney.
The bond shall be unconditional and remain in farce duringthe entire term of the Agreement
and shall be null and void at the conclusion of the term of this Agreement only if the
Contractor promptly and faithfully performs all terms and conditions of this Agreement.
10.6 Faithful Performance Letter of Credit
In addition to a corporate surety bond as noted in Section 10.5, Contrector shall furnish an
irrevocable letter of credit in the amount of Seven Hundred Fifty Thousand Dollars
($750,000),from a financial institution acceptable to the Ciiy and in a form acceptable to the
City Attorney as security for the performance of this Agreement (the "LOC"). The LOC shall
be the sole responsibility of Contractor and shall be released within thirty(30)days after both
(i) the expiration of the term of this Agreement, or upon the earlier termination of this
Agreement; and (ii) Contractor's satisfactory performance of all obligations hereunder.
10.7 Forfeiture of Performance Bond
In the event Contractor shall for any reason become unable to, or fail in any way to, perform
as required by this Agreement, City may declare a portion or all of the performance bond
which is necessary to recompense and make whole the City forfeited to the City. Upon partial
orfull forfeiture ofthe performance bond, Contractor shall restore the performance bond to
its face amount, or provide a new bond, within thirty (30� days of the Citys declaration.
Failure to restore the performance bond to its full amount, or provide a new bond in the full
amount,within thirty(30) days shall be a material breach of the Agreement.
10.8 Forfeiture of Letter of Credit
Thirty (30) days following City providing Contractor with written notice of its failure to pay
City any amount owing under this Agreement, the LOC may be drawn upon by City for
purposes including, but not limited to:
102
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
a) PaymentofsumsdueunderthetermsofthisAgreementwhichContractorhas
failed to timely pay to City.
b) Reimbursement of costs borne by City to correct violations of this Agreement
not mrrected 6y Contractor, including 6ut not limited to the liquidated
damages described in Section 12.3.
City may draw upon the entire LOC and convert it to a cash deposit if Contractor fails to cause
the LOC to be extended or replaced with another satisfactory leiter of credit no later than 60
days prior to its expiration during the term of this Agreement.
10.9 Performance Security Beyond Service Term
Some Agreement requirements extend beyond the Term of this Agreement and other
requirements, such as minimum Diversion rates per Section 4.2.5, will not be substantiated
uniil aker the final service date. Therefore, the Contractor shall not terminate the
performance bond or letter of credit and will renew them to ensure continuous availability
to the City, until receiving a written release from the City. Permission from the City to
discontinue holding these performance securities does not relieve Contractor of payments to
the City that may be due or may become due.
11.CITY'S RIGHT TO PERFORM SERVICE
li.l General
In the event that Contrector,for any reason whatsoever,fails, refuses or is unable to Collect,
Recycle, process,transport or dispose of any or all Solid Waste as required by this Agreement,
at the time and in the manner provided in this Agreement, for a period of more than forty-
eight(48) hours, and if, as a result thereof, Solid Waste should accumulate in City to such an
exten[, in such a manner, or for such a time 2hat such accumulation endangers or menaces
[he public health, safety or welfare,then City shall have the right, but not the obligation, (1)
to perform, or cause to be performed, such services itself with its own or other personnel
without liability to Contractor;and/or(2)totake possession of any or all of Contractor's land,
equipment and other property used or useful in the Collection and transportation of Solid
Waste, and to use such property to Collect and transport any Solid Waste generated within
City which Contrector would otherwise be obligated to Collect, transport and properly
dispose of or process pursuant to this Agreement.
Notice of City's determination to effect its rights under this section may be given orally by
telephone to Contractor at its principal office and shall be effective immediately. Written
103
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
confirmation of such oral notification shall be sent to Contrector within twenty-four (24)
hours of the oral notification. Contractor further agrees that in such event:
a) ItwilltakedirectionfromCitytoeffectthetransferofpossessionofequipment
and property to City for City's use,or for use by any Person or entity designated
6y the City.
b) It will, if City so requests, keep in good repair and condition all of such
equipment and property, provide all motor vehicles with fuel, oil and other
service, and provide such other service as may be necessary to maintain said
property in operational condition.
c) City may immediately engage all or any personnel necessary or useful for the
Collec[ion and transportation of Solid Waste, including, if City so desires,
employees previously or then employed by Contractor. Contractor further
agrees,if City so requests,to furnish City the services of any or all management
or office Personnel employed by Contractor whose services are necessary or
useful for Solid Waste Collection, trensportation, processing and Disposal
operations and for the Billing and Collection of fees for these services.
City agrees that it assumes complete responsibiliiy forthe proper and normal
use of such equipment and facilities while in its possession.
If the interruption or discontinuance in service is caused by any of the reasons
listed in Section 12.4, City shall pay to Contrector the reasonable rental value
of the equipment and facilities, possession of which is taken by City, for the
period of City's possession, if any, which extends beyond the period of time
for which ContraRor has rendered Bills in advance of service, for the class of
service involved. If the interruption or discontinuance in service is caused hy
any other reason, regardless of City's implementation of options under this
Agreement, City may consider this a default.
11.2 Billing and Compensation to City During City's Possession
Contractor agrees that it shall reimburse City for any and all costs and expenses incurred by
City beyond that billed and received 6y City in taking over possession of the above-mentioned
equipment and property for Solid Waste service in such manner and to an extent as would
otherwise be required of Contractor under the terms of this Agreement.Such reim bursement
shall be made from time to time after submission 6y City to Contractor of each statement
listi ng such costs and expenses,but in no even[later than five(5)working days from and after
each such su6mission.
104
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
31.3 City's Right to Relinquish Possession
It is further mutually agreed that City may at any time at its discretion relinquish possession
of any or all of the above-mentioned property to Contrector and thereupon demand ihat
Controctor resume the Solid Waste Collection Services as provided in this Agreement,
whereupon Contractor shall be bound to resume the same.
11.4 City's Possession Not A Taking
It is expressly agreed between the Parties that City's exercise of its rights under this section
(1)does not constitute a taking of private properryfor which compensation must be paid, (2)
shall not create any liability on the part of City to Contractor, and (3) does not exempt
Contractor from any of the indemnity and insurance provisions of this Agreement,which are
meant to eutend to circumstances arising under this section provided that Contractor is noi
required to indemnify City against claims and damages arising from the sole negligence of
City, its elective and appointive boards, commissions, officers, employees and agents in the
operation of Collection Vehicles during the time City has taken possession of such vehicles.
11.5 Duration of City's Possession
City's right pursuant to this section to retain temporery possession of Contrector's facilities
and equipment,and to render Collection services, shall terminate when City determines that
such services can be resumed by Contractor,or when City no longer reasonably requires such
property or equipment. In any case, City has no obligation So maintain possession of
Contractor's property or equipment and/or continue its use for any period of time and may
at any time, in its sole discretion, relinquish possession to Contractor.
12.DEFAULT, REMEDIES AND LIQUIDATED DAMAGES
li.l Events of Default
All provisions of the Franchise and this Agreement to be performed by ConFractor are
considered material. Each of the following shall constitute an event of default by the
Contractor.
a) Fraud or Deceit or Misrepresentation. If the Contractor engages in, or
attempts to practice, any fraud or deceit upon City or makes a
misrepresentation regarding material information to City.
105
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
b) Insolvency or Bankruptcy. If Contractor becomes insolvent, unable, or
unwilling to pay its debts,files a ban kruptcy petition or takes steps to liquidate
its assets.
c) Failure to Maintain Coverage. If Contractor fails to provide or maintain in full
force and effect the Workers' Compensation, liability, or indemnification
coverage as required by[his Agreement.
d) Violations of Regulation. If Contrector violates any orders or filings of any
regulatory body having jurisdiction over Contrector relative to this Agreement,
provided that Contrector may contest any such orders or fili ngs by appropriate
proceedings conducted in good faith, in which case no breach of the Franchise
and this Agreement shall be deemed to have occurred until a final decision
adverse to the Contrector is entered.
e) Failure to Perform. If Contractor ceases to provide all or a portion of the
Collection,processing or Recycling services,or any other Solid Waste Handling
Services as required under this Agreement for a period of two (2)consecutive
days or more,for any reason wiihin the control of Contractor.
f) Failure to Pay. If Controctor fails to make any payments required under this
Agreement and/or refuses to provide City,within ten (30)days of the demand,
with required information, reports, and/or records in a timely manner as
provided for in the Agreement.
g) Failure to Cooperate with Audits. Failure to complete, perform or cooperate
with any audit as described by this Agreement.
h) Failureto5ubmitReportsorpocumen[ation. Failuretocompleteortoprovide
required reports o�documents to City as required by this Agreement
i) ActsorOmissions.
1) Any act or omission by Contractor relative to the services provided
under this Agreement which violates the terms, conditions, or
requirements of this Agreement, or AB 939, or any law, staWte,
ordinance, order, directive, rule, or regulation issued pursuant to AB
939 shall constitute a default by the Contractor. Any failure to correa
or remedy any such violation within the time set in the written notice
of the violation or, if Contractor cannot reasonably correct or remedy
106
City of Orenge
Integreted Solid Waste Management and Street Sweeping Agreement
the breach with in the ti me sei forth in such notice,if Contrector should
fail to commence to correct or remedy such violation within the time
set forth in such notice and diligen[ly effect such correction or remedy
thereafter shall constitute a default by Contractor.
2) Any situation in which Contractor or any of its officers, directors or
employees are found guilty of any crime related to the performance of
this Agreement, or of any crime related to anti-trust activities, illegal
transport or Disposal of hazardous or toxic materials, or bribery of
public officials shall constitute a default by Contractor. The term
"found guilty" shall be deemed to include any judicial determination
that Contractor or any of Contractor's officers, directors or employees
is guilty as well as any admission of guilt by Contractor or any of
Contrector's officers, directors or employees including, but not limited
to,the plea of"guilty", "nolo contendere", "no contesY',and "guilty to
a lesser charge".
j) FalseorMisleadingStatements.AnyrepresentationordisclosuremadetoCity
by Contrac[or in connection with or as an inducement to entering into this
Agreement, or any future amendment to this Agreement, which proves to be
false or misleading in any material respect as of the time such representation
or disclosure is made, whether or not any such representation or disclosure
appears as part of this Agreement
k) Attachment. The seizure of, attachment of, or levy on, the opereting
equipment of Contractor, including, without limits, its equipment,
maintenance or office facilities, or any part of its equipment or facilities.
I) Suspension or Termination of Service. Any termination or suspension of the
transaction of business by Contractor, including, without limitation, due to
labor unrest induding strike,work stoppage or slowdown, sick-out, picketing,
or oTher concerted job action las[ing more than two (2)consecutive days.
m) Failure to Provide Assurance of Performance. If Contrac[or fails to provide
reasonable assurances of performance as required under Section 12.6.
n) Commingling of Recyclables with Refuse/Landfilling of Recyclables. If
Contractor empties Containers of properly set out Recyclable Materials or
Organic Waste into a Refuse load, or transports Recyclable Materials or
Organic Waste to a landfll or other location at which the material will not be
diverted from landfilling.
107
City of Orenge
Integreted Salid Waste Management and Street Sweeping Agreement
o) Failure to Meet Section 4.2.5 Diversion Goal. Failure to meet the minimum
Diversion requirements identified in Section 4.2.5 for two consecutive
calendar years.
p) CalRecycle Compliance Issues. CalRecycle issues a compliance order or
assesses a penalty against City in regard to compliance with AB 939.
Contrector shall have forty-eight (48) hours from the time it is given notification by City to
cure any default arising under subsections E, F, G, H, K, L, M and N provided, however,that
City shall not be obligated to provide Contractor with a notice and cure opportunity if
Contractor has committed the same or similar breach within a twenty-four (24) month
period. It is expressly understood that Contractor is not entitled to receive notice of default,
or to cure such default,with respect to those matters listed in subsections A, B, C, D, L, I,J, 0
and P above.
12.2 Right to 7erminate Upon Default and Right to Specific Performance
If Contrector commits a material breach, including specifically any of the matters listed in
subsections A through P of Section 12.1 above (and, if permitted to cure, does not cure it
within forty-eight (48) hours�, City shall be entitled to unilaterelly terminate this Agreement
or impose other such sanctions (which may include financial sanctions, temporery
suspensions or any other conditions it deems appropriate short of termination) as it shall
deem proper. Should City decide to terminate this Agreement upon a default by Contrector,
City shall have the right to do so upon giving ten (10)days notice to Contractor, and shall not
be required to take any further action(such as holding any hearing, bringing any su it or taking
any other action).
City's rights to terminate this Agreement and to take possession of Contractor's Facility
and/or equipment are not exclusive, and City's termination of this Agreement shall not
consti[ute an election of remedies. Instead,such remedies shall be in addition to any and all
other legal and equitable rights and remedies which City may have.
City, acting through its City Manager or his designee, reserves the right to terminate this
Agreement for any reason giving ninety (90) days written notice of intent to terminate to
Contractor. Upon receipt of notice, Contractor shall immediately cease work, unless the
notice provides otherwise. Should City terminate this Agreement, City shall pay Contractor
for services satisfactorily provided and all allowable reimbursements insured to the date of
termination in compliance with this Agreement, unless such termination shall be for cause,
in which event the City maywithhold any disputed compensations.City shall not he liable for
any claim of lost profits.
108
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
By virtue of the nature of ihis Agreement,the urgency of timely continuous and high-quality
service, the time required Yo effect alternative service, and the rights granted by City to
Contractor, the remedy of damages for a 6reach of this Agreement by Contractor is
inadequate and Ci[y shall be entitled to seek injunctive relief and/or specific performance of
any breach of this Agreement.
12.3 Liquidated Damages
General. City finds, and Contractor agrees, that as of the time of the execuiion of this
Agreement, it is imprectical, if not impossible,to reasonably ascertain the extent of damages
which shall be incurred by City as a result of a breach by Contractor of certain specific
obligations under this Agreement.The factors relating to the impracticability of ascertaining
damages include; but are not limited to, the fact that (i) substantial damage results to
members of the public who are denied services or denied quality or reliable service; (ii) such
breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the
Agreement to individual members of the general public for whose benefit this Agreement
exists, in subjective ways and in varying degrees of intensity which are incapable of
measurement in precise monetary terms; (iii) that the services that are the subject of this
Agreement might be availahle at substantially lower costs than alternative services and the
monetary loss resulting from denial of services or denial of quality or reliable services is
impossible to calculate in precise monetaryterms;and(iv)the termination of this Agreement
for such specific b�eaches, and other remedies are, at 6est, a means of future correccion and
not remedies which make the public whole for past breaches.
Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The
parties further acknowledge that consistent, reliable Solid Waste Handling Service is of
utmost importance to City and that City has considered and relied on Contrector's
representations as to its quality of service commitment in eniering this Agreement with it
The Parties further recognize that some quantified standards of performance are necessary
and appropriate [o 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 its residents will suffer damages and
that it is and will be impractical and entremely difficult co ascertain and determine the exact
amount of damages which City will suffer.Therefore,without prejudice to City's right to treat
such breaches as an event of default under this Section 13, the Parties agree that the
following liquidated damage amounts represent a reasonable estimate of the amount of such
damages for such specific breaches,considering all of the circumstances existing on the date
of this Agreement, including the relationship of the sums to the range of harm to City that
reasonably could be anticipated and the an[icipation tha[ proof of actual damages would be
costly or impractical. In placing their initials at the places provided, each party specifically
109
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
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
Initial Here Initial Here
Contractor agrees to pay(as liquidated damages and noi as a penalty)the amounts set forth
below:
a) Service Reliability
1) For each failure to commence service to a new Customer account
within seven (7) days after order, that exceeds three (3) annually:
$200.00.
2) For each failure to Collect Solid Waste from any established Customer
account on the scheduled Collection day and not make up the
Colleccion within the time allotted per Section 4.6.13, that exceeds
five (5) annually,: 5200.00.
3) For each failure to Collect Solid Waste, that has been properly set out
for Collection, from the same Customer on two (2) consecutive
scheduled pickup days: $200.00.
4) For each calendar day a sweeping route is not completed due to
equipment failure or insufficient qualified personnel: $500.
5) For each instance in which Contractor receives a rating of ninety (90)
or lower pursuant to the I nspection Rating System described in Section
5.3: 5500.
b) Service quality
1) For each occurrence of failure to properly return empty Containers to
avoid pedestrian or vehicular traffic impediments or to place
Containers upright that exceeds five (5)annually: $200.00.
2) For each occurrence of excessive noise or discourteous behavior ihat
exceeds five(5) annually: $500.00.
110
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
3) For each occurrence of Collecting Solid Waste during unauthorized
hours that exceeds three (3) annually: $500.00.
4) For each failure to clean up Solid Wasle spilled from Solid Waste
Containers within ninety (90) minutes that exceeds five (5) annually:
$300.00.
5) For each 24hour period after two days that Contractor's GPS system
is not operational: $300 per day.
6) For each instance Contractor obtains water from the City's water
system without using a water meter: $500 per instance.
c) Customer Responsiveness
i) foreachfailuretoinitiallyrespondtoaCustomercomplaintwithinone
(1) business day, and for each additional day in which the complaint is
notaddressed,that exceedsthree (3� annually:$300.00.
2) ForeachfailuretoprocessCustomercomplaintsasrequiredby5ection
613, which exceed three(3) annually: $300.00.
3) For each failure to remove greffiti from Containers, or to replace with
Containers bearing no greffiti, within two (2) business days of request
from City or Customer: $100.00 per day.
4) For each failure to repair or replace a damaged or missing Container
within two(2)business days of request from City or Customer:5300.00
per day.
5) For each failure to process a claim for damages within thirty (30) days
from the date submitted m Contractor. $200.00.
6) For each additional thirty (30) day increment of time in which
Contractor has failed to resolve a claim for damages within thirty (30)
days from the claim date: 5200.00.
d) Diversion Efforts
1) For every Organic Waste Cart Collected as Refuse without issuing a red
tag per Section 4.2.3: $100 per Cart.
111
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
e) Timeliness of Submissions to City. Any report shall be considered late until
such iime as a wrrect and complete report is received by City. For each
calendar day a report is late,the daily liquidated damage amount shall be:
1) Monthly Reports: $200.00 per day.
2) Annual Reports:$400.00 per day.
f) Accuracy of Billing. For each Customer invoice that is not prepared in
accordance with the City's approved rate schedule, that exceeds five (5)
annually: 550.00.
g) Cooperation with Service Provider Transition
1) For each day routing information requested by City in accordance with
Section 13.7 (or Section 4.11or Section 4.6.9) is received after City-
established due dates, both for preparetion of a request for proposals
and for new service provider's implementation of service:
$2,000.00/day.
2) For each day delivery of keys, access codes, remote controls, or other
means of access to Solid Waste Containers is delayed beyond one (1)
day prior m new service provider servicing Customers with access
issues, as described in Section 13.7: 52,000.00/day.
3) For delay in not meeting the requirements contained in Section 13.7
(or Section 4.11or Section 4.6.9) in a timely manner, in addition to the
daily liquidated damages for breach under g)1) and g�2) above,
liquidated damages of: 5100,000.00.
h) General Agreement Adherence. For each day that Contrac[or fails to provide
services required under the Agreement, or comply with terms of the
Agreemeni,five(5)business days after receipt of written notification from City
that such services are not being provided or terms are not being met: $300.00
per day.
i) City may determine the occurrence of events giving rise to liquidated
damages through the observation of its own employees or
representative or investigation of Customer complaints. Prior to
assessing liquidated damages, City shall give Contractor notice of its
112
City of Orange
Integreted Salid Waste Management and Street Sweeping Agreement
intention to do so. The notice will include a brief description of the
incident(s)/non-performance. Contractor may review (and make
copies at its own expense) all information in the possession of City
relating to incident�s)/non-performance. Contractor may, within ten
(10) days after receiving the notice, request a meeting with City.
Contractor may present evidence in writing and through testimony of
its employees and others relevant to the incident(s�/non-performance.
City will provide Contractor wiih a written explanation of its
determination on each incident(s)/non-performance prior to
authorizingthe assessment of liquidated damages.The decision of City
shall be final.
i) Amount. City may assess liquidated damages for each calendar day or event,
as appropriate, that Contractor is determined to be liable in accordance with
this Agreement.
j) Timing of Payment. Contrector shall pay any liquidated damages assessed by
City within ten(10)days after they are assessed.If they are not paid within the
ten (10)day period, City may proceed against the performance bond required
by the Agreement or find Contrector in default and terminate this Agreement
pursuant to Section 12.2, or both.
12.9 Excuse from Performance
The Parties shall be excused from performing their respec[ive o6ligations hereunder in the
eventihey are prevented from so performing by reason offloods,earthquakes,other natural
disasters,war, civil insurrection, riots, acts of any government (includingjudicial action),and
other similar catastrophic events which are beyond the control of and not the fault of the
party claiming excuse from performance hereundec Labor unrest, including, but not limited
to, strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action
conducted by Contractor's employees or directed at Contractor is not an excuse from
performance and Contractor shall 6e obligated [o continue to provide service
notwithstanding the occurrence of any or all of such events.
The party claiming excuse from performance shall, within two (2) days after such party has
notice of such cause, give the other party notice of the facts constituting such cause and
asserting its claim to excuse underthis section.
The interruption or discontinuance of Contrector's services caused 6y one or more of the
events excused shall not constitute a default by Contractor under this Agreement.
Notwithstanding the foregoing, however, if Contractor is excused from performing its
113
City of Orenge
Integreted Solid Waste Management and Street Sweeping Agreement
obligations hereunder for any of the causes listed in this section for a period of seven (7)days
or more, City shall nevertheless have the right, in its sole dis�retion, to terminate this
Agreement by giving ten (10) days' notice, in which case the provisions relative to taking
possession of Contractor's land, equipment and other property and engaging Contractor's
Personnel in Section 11 and this Section 12 will apply.
12.5 Notice, Hearing and Appeal of City Breach
Adminis[rative Hearing.Should Contrector contend that City is in breach of any aspect of this
Agreement, it shall give notice to the City Manager requesting an administrative hearing on
the allegation.A hearing officer shall be appointed by the City Manager,and the hearing shall
ocwr as soon as reasonably possible,or on such date as mutually agreed bythe City Manager
and Contractor. The hearing officer shall make an advisory ruling on Contrector's allegations
and suggest a remedy if a breach by City is determined to exist. The hearing officer's ruling
shall be advisory only. Each Party shall accept or reject the hearing officers ruling within
thirty(30) days.
Other Remedies;Claims.Contractor shall be entitled to all available remedies in law or equity
for City's breach of this Agreement; provided, however, Contractor shall not file or otherwise
commence any action against City, in law or equity, in any court, until after an administretive
hearing as set forth above has been completed,and the above noted 30 day period to accept
the hearing officer's decision has passed,or either City or Contractor has given timely written
notice to ihe other that it will not accept the hearing officers decision.
Actions for Damages. As a prerequisite to the filing and maintenance of any action for
damages by Contrector againstCity arising out of this Agreement, Contrector shall present a
claim to City, as required by Government Code section 930 et seq,within thirty (30) days of
the date of the occurrence giving rise to the claim for damages.
12.6 Assurance of Performance
City may, at its option and in addition all other remedies it may have, demand from
Contractor reasonable assurences of timely and proper performance of this Agreement, in
such form and substance as City may require. If Contractor fails or refuses to provide
satisfactory assurances of timely and proper performance in the form and by the date
required by City, such failure or refusal shall be an event of default.
114
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
13.OTHER AGREEMENTS OF THE PARTIES
13.1 Relationship of Parties
The Parties intend that Contractor shall perform the services required by this Agreement as
an independent contrector engaged by City and not as an officer or employee of City nor as
a partner of or joint venture with City. No employee or agent or Contractor shall be or shall
be deemed to be an employee or agent of City. Except as expressly provided in this
Agreement, Contrector shall have the exclusive control over the manner and means of
conducting the Solid Waste Handling Services performed under this Agreement, and all
Persons performing such services. Contractor shall be solely responsible for the acts and
omissions of its officers, employees, Affiliates, contractors, subcontractors and agents.
Neither Contractor nor its officers, employees, Affiliates, contractors, subcontractors and
agents shall obtain any rights to retirement benefits,workers' compensation benefits, or any
other benefits which accrue to City employees by virtue of their employment with City.
13.2 Governing Law
This Agreement shall be governed by, and construed and enforced in accordance with, the
laws of the State of California.
133 lurisdiction and Venue
Ezcept for those matters where Federal Courts have exclusive jurisdic[ion, any lawsuits
between the Parties arising out of this Agreement shall be brought and concluded in the
courts of the State of California, which shall have exclusive jurisdiction over such lawsuits.
Venue for any dispute shall be in Orange County,California.
13.4 Assignment
Except as may 6e provided for in Section 11, Contractor shall not assign its rights, nor
delegate,su6contract or otherwise transfer its obligations under this Agreement(collectively
referred to as an "assignmenY')to any other Person without the prior written tonsent of City.
Any such assignment made without the consent of City shall be void and the attempted
assignment shall constitute a material breach of this Agreement.
For purposes of this section the term "assignmenY' shall be given the broadest possible
interpretation, and shall include, but not be limited to (i) a sale, exchange or other transfer
of substantially all of Contractor's assets dedicaied to service under this Agreement to a thi rd
party; (ii)a sale, exchange or other transfer of outstanding common stock of Contrector to a
third party provided said sale, ez�hange or transfer may result in a change of control of
115
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
Contractor; (iii) any dissolution, reorganization, consolidation, merger, re-capitalization,
stock issuance or re-issuance, voting trust, pooling agreement, escrow arrangement,
liquidation or other transaction which results in a change of ownership or control of
Contractor; (iv) any assignment by operation of law, including those resulting from mergers
or acquisitions by or of Contractor of any of its Affiliates, insolvency or bankruptty, making
assignment for the 6enefit of creditors, writ of attachment for an execuiion 6eing levied
aga inst this Agreement,appointment of a receiver taking possession of Contractor's property,
or transfer occurring in the event of a probate proceeding; and (v) any combination of the
foregoing(whether or not in related or contemporaneous transactions)which has the effect
of any such transfer or change of ownership, or change of control of Contractor.
Contractor acknowledges that this Agreement involves rendering a vital service to City's
residents and businesses, and that City has selected Contrector to perform the services
specified in this Agreement based on (1) Contrector's experience, skill and reputation for
conduc[ing its Solid Waste Handling Services in a safe, effective and responsible fashion, at
all times in keeping with applicable Environmental Laws, regulations and best Solid Waste
management prac[ices, and (2) Contractor's financial resources to maintain the required
equipment and to support its indemnity obligations to City under this Agreement. City has
relied on each of these factors, among others,in choosing Contractorto perform the services
to be rendered by Contractor underthis Agreement.
If Contractor requests City's consideration of and consent to an assignment, City may deny or
approve such request in its sole and absolute discretion.Any requestfor an assignment must
be approved by the City Manager,and no request by Contractor for consent to an assignment
need be considered by City unless and until Contractor has met (or with respect to matters
that would only occur upon completion of the assignment if approved, made reasonable
assuronces that it will meet)the following requirements:
a) Contractor shall pay City its reasonable expenses for attorney's fees and
investigation costs necessary to investigate the suitability of any proposed
assignee, and to review and finalize any documentation required as a
condition for approving any such assignmen[ An advan�e payment towards
expenses may be requesied by City prior to City consideretion of any
assignment request and Contractor shall 6e responsible to pay all costs
incurred by City in considering a request for assignment, including those in
excess of the aforesaid deposit amount, regardless of whether City consents
to the assignment.
b) Contractor shall pay the City a transfer fee equal to one percent (l%) of the
Gross Receipts it, or its assignee,will receive during the remaining term of the
Agreement, as estimated by City.
116
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreement
c) Contrector shall furnish City with audited financial statements for itself, and
the proposed assignee's operetions for the immediately preceding three (3)
operating years.
d) A proforma financial statement(income statement and balance sheet)for the
proposed assignee with the projected results of operations assuming that the
assignment is completed. Such proforma financial statement shall reflect any
debt to be incurred by the assignee as part of the acquisition of Contractor's
operations.
e) Contractor shall furnish City with satisfactory proof: (i) that the proposed
assignee has at least ten (10)years of Solid W aste management experience on
a scale equal to or exceeding the scale of operations conducted by Contractor
under this Agreement; (ii)that in the last five (5)years,the proposed assignee
has not suffered any significant citations or other censure from any federal,
State or local agency having jurisdiction over its Solid Waste management
operations due to any significant failure to comply with State, federel or local
Environmental Laws and that the assignee has provided Ciry with a complete
list of any such citations and censures; (iii) that the proposed assignee has at
all times conducted its operetions in an environmentally safe and
conscientious fashion; (iv)that the proposed assignee conducts its Solid W aste
management practices in accordance with sound Solid Waste management
practices in full compliance wiih all federal, State and local laws regulating the
Collection and Disposal of Solid Waste including Hazardous Substances; and,
(v)of any other information required by City to ensure the proposed assignee
can fulfill the terms of this Agreement in a timely, safe and effective manner.
Under no circumstances shall City be obliged to consider any proposed assignment by City if
Contractor is in default at any time during the period of consideration. Should City consent
to any assignment request, such assignment shall not take effecc until all conditions relating
to City's approval have been met.
13.5 Contracting or Subcontrecting
Contractor shall not engage any contrectors or subcontractors for the Collection of Solid
Waste.
117
City of Orenge
Integreted Solid Waste Management and Street Sweeping Agreement
13.6 BindingonAssigns
The provisions of this Agreement shall inure to the benefit to and be binding on the permitted
assigns (if any) of the Parties.
13.7 Cooperation in Preparation for Termination or Expiretion of Agreement
Prior to, and at the end of the Term or in the event this Agreement is terminated for cause
prior to the end of the Term, Contrector shall cooperete fully with City and any subsequent
Solid Waste enterprise it designates to assure a smooth transition of Solid Waste Handling
Services. Contrector's cooperation shall include, but not be limited to, providing route lists,
Billing information and other opereting records needed to service all Premises covered by
this Agreement.The failure to cooperate with City following termination shal I be canclusively
presumed to be grounds for specitic performance of this covenant and/or other equitable
relief necessary to enforce this covenant.
Contractor shall provide a new service provider with all keys, security codes and remote
controls used to access garages and Bin enclosures. Contrec[or shall be responsible for
coordinating transfer immediately after Contractor's final pickups, so as not to disrupt
service. Contractor shall provide City with detailed route sheets containing service names and
addresses, Billing names and addresses, monthly rate and service levels (number and size of
Containers and pickup days) at least 90 days prior to the trensition date, and provide an
updated list two weeks before the trensition and a final list of changes the day before the
transition. Contrec[or shall provide means of access to the new service provider at least one
full business day prior to [he first day of Collection by another party, and always within
sufficient time so as not to impede in any waythe new service provider from easily servicing
all Containers.
13.8 Partiesin Interest
Nothing in this Agreement, whether express or implied, is intended to confer any rights on
any Persons other than the Parties to it and their representatives, successors and permitted
assigns.
13.9 Waiver
The waiver by either party of any breach or violation of any provisions of this Agreement shall
not be deemed to be a waiver of any breach or violation of any other provision nor of any
subsequent breach of violation of the same or any other provision. The subsequent
acceptance by eiiher Party of any moneys which become du e hereunder shall not be deemed
118
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
to be a waiver of any pre-existing or concurrent breach or violation by the other Party of any
provision of this Agreement.
13.30Contractor's Investigation
Contractor has made an independent investigation (satisfactory to Contractor) of the
conditions and circumstances surrounding the Agreement and the work to be performed by
it.
13.11Condemnation
City fully reserves the rights to acquire Contrector's property utilized in the performance of
this Agreement, by purchase or through the exercise of the right of eminent domain. This
provision is additive,and not intended to alterthe rights of the Parties setforth in Section 11.
13.12Notice
All notices, demands, requests, proposals, approvals, consents and other communications
which th is Agreement requires,authorizes or contemplates shall be in writing and shall either
be personally delivered to a representative of the Parties at the address below or be
deposited in the United Sta[es mail,first class postage prepaid. Either party may change their
notice address by notifyingthe other party in writing. Notices shall be deemed received upon
receipt of same or within 3 days of deposit in the U.S. Mail,whichever is earlier. Notices sent
by facsimile shall be deemed received on the date of the facsimile transmission.
As it relates to Solid Waste:
If to City:
City Manager
City of Orange
300 E.Chapman Ave.
Orange, CA 92866
119
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
If to Contractor:
CR&R Incorporated
Sr.Vice President
11292 Western Avenue
Stanton, California 90680
As it relates to Street Sweeping:
If to City:
Director of Public Works
City of Orange
300 E. Chapman Ave.
Orange, CA 92866
If to Contractor:
CR&R Incorporated
Senior Regional Vice President
11292 Western Avenue
Stanton, California 90680
13.13 Representatives of the Parties
References in this Agreement to the "City" shall mean the City Council and all actions to be
taken by City shall be taken by the City Council except as expressly provided in this
Agreement.The City Council may delegate, in writing, authority to the City Manager, and/or
to other City employees and may permit such employees, in turn,to delegate in writing some
or all of such authorityto subordinate employees.Contractor may rely upon actions taken by
such delegates if they are within the scope of the authority so delegated to them.
Contractor shall, by the Effective Date, designate in writing a responsible officer who shall
serve as the representative of Contractor in all matters related to the Agreement and shall
inform City in writing of such designation and of any limitaiions upon his or her authority to
bind Contractor.City may rely upon action taken by such designated representative as actions
of Contractor unless they are outside the scope of the authority expressly delegated to
him/her by Contractor as communicated to City.
120
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
13.14Ciry Free to Negotiate with Third Parties
City may investigate all options for the Collection, transporting, Recycling, processing and
Disposal of Solid Waste for periods during which this Agreement has expired or been
terminated. Without limiting the generality of the foregoing, City may solicit proposals from
Contrector and from third parties for the provision of Solid Waste Handling Services which
are the subject of this Agreement, including without limitation Collection services, Disposal
services, Recycling services, Organic Waste services and processing, and any combination
thereof, and may negotiate and ezecute agreements for such services which will take effect
upon the expiration or earlier termination of this Agreement pursuant to Section 12.1 or
otherwise.
13.15Compliance with Municipal Code, Local, State and Federal Law
Contractor shall be knowledgea6le of and comply with the City's municipal code and all local,
State and federal laws pertaining to the subject matter in this Agreement or in any way
regulating the activities undertaken by Contractor or any subcontrector.
13.16 Privacy
Contractor shall strictly observe and protect the rights of privacy of Customers. Information
identifying individual Customers or the composition or conients of a Customer's waste
stream 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
Customer. 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 AB 939. This provision shall not apply to reports
or records provided to City pursuant to this Agreement.
13.17Proprietary Information,Public Records
The City acknowledges that a number of the records and reports of Contractor are proprietary
and confidential. Contrector is obligated to permit City inspection of its records on demand
and to provide copies to City where requested. City will endeavor to maintain the
confidentiality of all proprietary information provided by Contractor. Notwithstanding the
foregoing, any documents provided by Contractor to City that are public records may be
disclosed pursuant to a proper public records request.
121
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
14.MISCELLANEOUS PROVISIONS
14.1 Entire Agreement
This Agreement contains the entire integrated agreement and understanding concerning the
subject matter in this Agreement and supersedes and replaces any prior negotiations,
promises, proposals, and agreements between the Parties, whether written or oral. The
Parties acknowledges this document has been executed with the consent and upon the
advice of counsel. Each of the Parties acknowledges that no Party or agent or attorney of any
other party has made any promise, representation, or warranty, express or implied, not
contained in this Agreement,to induce the other Party to execute this instrument.
14.2 Section Headings
The section headings in this Agreement are for convenience of reference only and are not
intended to be used in the construction of this Agreement nor to alter or affect any of its
provisions.
19.3 References to Laws
All references in this Agreement to laws shall be understood to include such laws as they may
be subsequently amended or remodifed, unless otherwise specifically provided.
14.4 Interpretation
This Agreement, including the Exhibits attached hereto, shall be interpreted and construed
reasonably and neither for nor against either Party, regardless of the degree to which either
Party participated in its drafting.
14.5 Agreement
This Agreement may not be modified or amended in any respect except by a writing signed
by the authorized Parties.
14.6 Severability
If any non-material provision of this Agreement is for any reason deemed to be invalid and
unenforceable, the invalidity or unenforceabiliry of such provision shall not affect any of the
remaining provisions of this Agreement which shall be enforced as if such invalid ar
unenforceable provision had not been contained in this Agreement.
122
City of Orange
Integreted Solid Waste Management and Street Sweeping Agreement
14.7 Exhibits
Ea�h of the Exhibits (Exhibit A through Exhibit G), Attachments A1 through A6, and
Attachment B, referred to in this Agreement, are an integral part of this Agreement.
14.8 Attorneys' Fees
If either Party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement,the prevailing party in such
action or proceeding, in addition to any other relief which may be granted,whether legal or
equitable, shall 6e entitled to recover its reasonable attorneys'fees and costs.Attorneys'
fees shall include attorneys'fees on any appeal,and in addition a Party entitled to
attorney's fees shall be entitled to all other reasonable costs for investigating such action,
taking depositions and discovery and all other necessary costs the court allows which are
incurred in such litigation.All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
123
City of Orenge
Integrated Solid Waste Management and Street Sweeping Agreeme�t
14.9 Signatures
IN WITNESS WHEROF, City and Contractor have executed this Agreement as of the
day and year first written above.
CIN OF ORANGE ("City")
Dated: Dated:
CITY OF ORANGE CR&R INCORPORATED
By: 8y:
Name: Mark A. Murphy Name: David Ronnenberg
Title: Mayor Title: President
Approved as to form by:
By: By:
Name: Gary A. Sheatz Name:Joyce Amato
Title: City Attorney Title: Chief Financial officer
ATTEST:
By:
Name: Pamela Coleman, CMC
Title: City Clerk
124
City of Orange
Integrated Solid Waste Management and Street Sweeping Agreement
Exhihit A—Initial Mazimum Rates—Single-family Residential
Residential - Rates are monthly unless otherwise noted
Cart Service (Set of 3) $ 17.47
Additional Trash Cart (each) $ 3.92
lAdditionalRecyclingorGreenwaste $ -
3 or more Recycling or Greenwaste (each) $ 3.92
Overage Charge on Trash Cart $ 7.88
Bulky Items Over 4 Annually $ 23.87
Cart Exchange $ 23.63
Re-Delivery $ 39.37
Delivery Fee (per set) $ 25.00
125
Exhibit B-Initial Ma:imum Rates-Commercial and Multi-family
Commercial MSW ein Service
Manthly rztes basetl on number of servires per week
Exta
1x/wk 2�/wk 3x/wk 9r/wk Sa/wk fix/wk Sunday Pickup
ISytlor3Vtl5pli[Bin $ 45.18 $ 66J9 S 300.19 $ 128.41 $ 152J) $ ll8.63 $ 152.W 5 SOAS
2ydor4 d5 fitBin $ 4]55 $ )031 $ 105.66 $ 135.1] 5 160.81 $ 18801 $ 160A2 S 53.10
3 YaN $ 65.90 $ 94.93 S 130J4 $ 1)].01 5 214.85 $ 352.84 $ 2C0.03 S 66.66
6YaN $ 9J.11 $ 148.5] 5 194.18 S 184.15 S 338.@ $ 39312 $ 33000 $ J3.04
6Vartl $ 114.66 $ ll5.32 5 22910 $ 33530 $ 399.33 $ 463.88 $ 3]].65 $ 66.19
2YardCompactor $ 118.89 $ ll5.]5 S 263.65 $ 33)92 S AW.00 $ 4)0.05 5 400�5 S 66.99
3YartlCom acror $ 168J9 $ 152.84 5 34852 S 49332 $ 583J4 $ 683.30 $ 6000] $ 84.40
4VardCom azmr $ 191J5 $ 313.19 S 409A5 $ 562.4] $ 611.11 S )86.1] $ 640.0] S 92.84
35G set�1 Tnsh,1 Recy) S 2212 N/A N/A N/A N/A N/A N/A N/A
65G se[�l Trash,1 Rery) $ 28.96 N/A N/A N/A N/A N/A N/A N/A
95Gset�lTash,lRecy) $ 32.18 N/A N/N N/A N/A N/A N/A N/A
EMnCart�T25h� $ 30.00 N/A N/A N/A N/A N/A N/A N/A
EM�aCart�fleq) $ 9.50 N/A N/A N/A N/A N/A N/A N/A
65G FaoEwas[e Cart S 20.fi2 $ 6926 $ R.86 $ 98.48 $ 13310 $ 14].]2 N/A N/A
95G Faadwas[e Cart S 2].35 $ SAJO $ 8205 $ 109.40 $ 136J5 $ 169.10 N/A N/A
LockingBin 5 333 $ 6.65 $ 9.98 $ 1333 $ 16.66 $ 19.98 N/A N/A
Scou[Service $ 18.89 5 38.25 S 5)3) $ 16.51 $ 95.66 5 119)) N/A N/A
Nates Por Recycling,Footlwaste,Greenwaste and Manure bins will be charged at BS%of the above Commertial MSW bin rzte
3MNBTempo�ary0inperService S 121.58
BinReNmTnpCha e 5 3).00
BinRe-DeliveryFee $ 3].00
Commercial Bulky Irem Pickup per5ervice S 28.25
lxklnstallation $ 96.11
Emergenry5ervice erhour� S 125J6
BinCleaningperBin $ 31.65
Oven eCleanu erBin $ 4439
126
Exhibit C—Initial Maximum Rates—Rolloff
Rolloff Service
Permanent Compactor Temporary
PerLoad Perload PerLoad
l0Yd,4TonLimit $ 416.12 N/A $ 416.12
30 Vd,4 Ton Limit $ 346.71 $ 342.97 $ 346.71
40 Vd,4 Ton Limit $ 365.42 $ 350.88 $ 365.42
Use in Excess of 7 Days (per day) N/A N/A $ 26.54
Cost perTon Landfill Above 4-ton Limit $ 55.45
Cost perTon Processing Above 4-ton Limit $ 81.74
Compactor Cleaning $ 183.22
Re-Delivery- RetumTripFee $ 73.72
Overweight Special Truck(pertrip) $ 583.30
Delivery Fee $ 90.15
127
Exhibit D—Initial Maximum Rates—Special Sweeps
Description Hourly Rate
Special Sweep—Emergency Response $129.90
Special5weep—Non-emergencyResponse $86.59
128
Ezhibit E—Example Rate Adjustment Calculation-Residential
sdn a�.:c.m�iem wrnn�.e.rn.�e.m mm�..
• e c
wa ne'�,�mem F��a ma� aa ma..v.iw rv�inea.vm� a
1 ISEor 1 P30a 20.15 )PX
4 Fuei 2 fl9d0 11059 19M
3 E ui mml 3 10]]0 1<9.10 0.9M
< Insunme 4 113.10 13]]0 15X
5 Dls ¢al 5 JltO 3505 25%
6 Pllqlgr fi 253d89 351595 2.1M
Sbp T�ne:ComE�m InO�tlen
BbpTw�o:4MrmineW�I9�V4C�any�EY�mpomnbMlnll�tlanP0lumnenlP�Iwnbp� MludmrilPamnhp�bFl[�E
we.wluen.m v.runee.
0 E F G H
Cnl Fstar
Inlllel C t �lepory Pwcen�pbrcJe F'qetl Rele TMeI Rele
A41��meMFB[Ip InEex �m����g) WegNBtl88%M InlnEmkwn Inflellpl �1a'uslmenl PGusMbll
CampxleMTolal CUumn(G� Pwcm[ Paoen[
Llre ]
] laEar t ]34G°h J.1% OiSX
8 Fuel 2 540X J.9% Il19%
9 E ul menl 3 185GX 09% OdOX
�o ���a a o.sm: ss� ooax
11 ps sel 5 18]4% 25% OC9%
13 NIqMr 9 32`A% 2.1% 0]11%
1] TmN 5 t00% 19a% 0.00% 19a%
Sb Fouc I TohlPamM� CMn eroE�lnn 14be
G X I J
ia�elWa9Me� PelehCReaea py�usle�Manl�ly
Lire Rs!eCalegary Exls�ing Pe�caMege oecreue pe�e(CdumnGt
Cus�omBr WIB CLa�pe�Rcw 13 (Column G a pqumn q
WlumnF CdunnX
W StantlaESWce S 1d.60 t9f% S 036 S 1185
15 Exln RCNna Ce� f �� 1.GX S 0 09 5 ].11
18 Pa�e Glck $ fi.13 19i% $ 0.14 $ B.PS
9 RMillorvlBulk 4 1B.58 19i% f 03S 5 te9t
18 GrIE�c�an f iB.39 tB,X S 036 $ 10]5
19 CN PaCtll�e S ��& 1&% S 0.59 S >1.33
9Y Fln:W�r�l M1ICaICom on�M�
K L M N O
P¢�CaYegx Ge�WmpanM�9
m�rea.a m c�.i cre�c�o��
cwicomwrem G""e°a° comw�em: n��aa awe�z'�mio
hElusMmlFxlor InEn (�qumn0) A�����e (�IumnNa (GAumnK� EyaltN°Ab
Ad���mBO� Wlumnq CalumnMj FNu2
(Cn E) PGjualmenlz
II Labr 1 Yl.4M m^ ]2Y. 0.9% 1C.3% . 13]Y.
YJ Fuel i0% 39% D.Yb C.8% d]%
N E ui ent 195% 09M 02X 19]X 193%
25 Insu2Me C 0.9X 15% 0-0X 0.9°L 09%
R ds el 5 10]M 3.5°A 65% 19TA 19.BY
Z! PIIqNi 6 ]1.5X 21% O.IX ]].2°4 33.5%
ze ram �mox �oz.ax ioo.ax
(il EmWovmem cos�ime.nare.nem ew iaczi rauk.am Pzckm�re c.�erei unM on�eis�oc.i umon�e
�e�ame�cn vmm�a.,wauos3+m�xssmcuy eeiu.iea,ruds a�a re�aiee poeucm a�e ov..e.,rewni gu�a.nu��
[J)Prvlucer Pnm Ytlex.PCU39fi120.1961M,lk�tluly Irvck mq(enniel)
�L�PMucei Pnu FE¢a.PCO526-5RF�Insurzrca camem eN Mc�eE ecfiJBo(snual�
(SfGalenleelPfpGelalle.
(6�Lo-¢ume�Prce Me�M All prWn CMeumen�CVORCUVI$POL1E).YI p0ms I�s Aro]an0 meqy inEO�-U 5.nly a.v p.(a0 Wel)
(]f Rlla�h firsl rele aEjmim¢m,iMs cdumn coma M1un Gunn O allM pe9du yeah Me ajjuslmml xaks�ce�.
129
Exhibit F-Ezample Rate Adjustment Calculation-Commercial and Rolloff
smp o�.:aiai.m w��uue cnan¢e in inaiws
p 9 C
Llna m�meM Faclq InMX OIE IMex Velue Nav IMex Valua 0
1 IeEw t 23.40 31t5 ]4%
2 Fuel 2 119]0 11I W J.9%
3 E ui menl 3 1C9]0 W9.10 D9%
< Irtsu2�'ce 0 133]0 13]]0 JS%
5 Ps eel 5 3f.18 35.0.5 25%
8 NI qM fi 253.169 15]5&5 21%
$bp ThnB:CeTOlna lnlletlan
SbpTwo:UebrmineWelg�bEQengaLyLomponenlanJ4MatlonRpluabnanlPerurMpe RJ���411Y��Ge�pMepebFlieO
flaY RE�u0nanl Feru�9a
D E F G H
CaslFactw
InilielCosl �Iq�-ry Pem.enlCM1e�ga TdelWpgSt� Fue]Rate TW1Rele
NyualmenlF¢clor InEai WagM1leia%IN InlnOevfiwn htllua�men� AO�wMeM
����6) WmpaneniTWel Calumn�C� «�a PeiceM PerceM
Gre
i leM 1 5 �9.W% 32% 0�%
B Fui $ 5 5P0X a.8% L.20%
9 E I men� 3 $ 8.00% 09% 0�%
1p Imurenca a 5 0.50% as% O.N%
11 Us al 5 5 2100X 25% 0.`N%
4 NlqM1er fi $ H.]O% 0.1% 095Y.
13 iotel 5 1U1W% 3.D1% 620% eRa%
Sb Fouc I TWaIP�IunY �CMn �b61W0 R�Yf
f. X I J
ioGl W evfi�etl Fafa Increese w qQ��steE Monl�ly
Llre FeleCelqvry Eil�llrq Pwcenley< ��e qalelCdumnGt
Cu¢twnei WIe CNnge(Rw113 �Cnlumn G x �qumn I)
GNUmnF CdumnX
1� 0 vGdn,i cku nh $ A.83 82�% S O.W $ 59.t3
15 3 WdrtP cku M S ]9.68 820X f 8�8 Y 95.1]
18 3 vEdn,3 �cku M S iC0.38 82l% S 0.93 S 11131
t] Sttl(VOIIq1,10 tl 5 31fi.19 BNX 5 �`+3 5 ]1<]2
18 SNROILOR,3] E S 3�.C5 820Y. S YJP S 313.]2
19 $�tl ROIIOR 10 tl $ 301.01 B 30% $ L`.OS $ 349.05
ID Gm faW0.30 E $ 3�2.9) 821% E 28Rfi $ 3]133
31 fan [aW0 �0 E S 359.08 B4lfi S 2091 S 3i9.19
}3 3 tl�em bin $ 1W.]8 830% E B30 $ 149.08
Sbp Fin:Re�r�ipM1�Cwt Comporunh
K L M N O
PertMapv WBICpnponmis
n�ree.e m aei a.��r w�em
��co,�oo�..i cna�v�•• �mw�em: m�ressea �^''�enm�o
aei�:unen�Fxcio� i�ae. (coi�mn ol nw�ke i°ame Icowmm K, lca�mn K. Eewi�aox a
AEIHtmenl �qlumn L) Calumn M) Fulure
�M �Culumm E� PO�mlmeMa
?1 LBM 1 18.8% 32% 0.6% 000% 30.0%
YJ Fuel ] 51% J.9% L.1% 54% 49%
N E ui manl 3 8<% 09% Od% 85% BJ%
ZS In¢unmz < 09% 15X 00X 0.9k 0.9%
3G Pe I 5 31a% 25% 0.5X f19% 11.5%
9 AlIO�Mi 6 613M 3.1% 09X 0.5.Tb 41.I%
20 Tdal 1W.0% 1019% 1000%
(1)EmqoymenlCwllM[RgreemeMMwlocalM1ailenantlPeCkqingG aI1111111yCn�¢�sLaa�WiP'13%
(1)PrtEucrr Pnce�qe�.W P110531 nal eaumYly a'Jjual 1,Futls aM Ma1N qcducb aN{.+e�,relurM paz
("J)PrtCuca Pnca Atle�.PCIYl381]�3Y1]➢.I��y ENy�vck mb
(4)PrWuwr PnU Men.PCIISRi-SR0.�Iniu2rce canen anE MY¢0 ecliulig
(5)Gsle iele tl ttspmaJ slle.
(8)Cpoumx Prce IMv b�Nl UNan Lwauma9(CU01iWCU5l�CL1E),all Ilems lgs b�C 800 MBqy IMe[-LL5.city a�eag0.
�])A�x IM firs�2�e atll��men�,�Hs cdumn cPTW M1nn G1umn O W tle pn�iwa yWh 21e alrys�meM mxksM1eel.
130
Ezhibit G—Cities with Similar Services
For purposes of Section 7.5 Guaranteed Low Rates
The following cities are considered to provide similar services for the purposes of
comparing rates under Section 7.5.
3-Cart Residential Services Similar Commercial Services
liso Vie�o liso Vie'o
naheim naheim
Brea Brea
Buena Park Buena Park
Dana Point C ress
Fountain Valle Dana Point
Fullerton Fountain Valle
Garden Grove Fullerton
Huntin on Beach arden Grove
Irvine Huntin ton Beach
La Habra Irvine
La Palma La Habra
La una Beach La Palma
La una Hills La una Beach
La una Ni uel La una Hills
Lake Forest Laguna Niguel
Los Alamitos La una Woods
Mission Vie�o Lake Forest
Oran e Los Alamims
Placentia Mission Vie o
Rancho Santa Mar arita Oran e
an Juan Ca istrano Placentia
an Clemente Rancho Santa Mar arita
anta Ana an luan Ca istrano
ustin an Clemente
illa Park anta Ana
orba Linda eal Beach
Irvine [anTon
ustin
illa Park
estminster
orba Linda
131
Ciry of Orange �
Curren[0.a[es as of luly 1,2018
All ra[es are mon[hly unless otherwise noted �
ResideniialService .
CartService�5etof3) $ 13.60
Adei[ionalTrash Cart�each) $ 3.05
lAdditionalRe<ydingorGreenwas[e $ -
3ormoreRecytlingorGreenwasle�each) $ 3.05
OverageChargeonT�ashCart $ 6.13
9ulkyltemsOverOAnnually $ 18.58
Car[Exchange $ 1839
Re-Delivery $ 30.64
Delivery Fee(per set) N�A
Commercial MSW Bin Service
Rates are based on number of services per week Exha
lx/wk 2x/wk 3x/wk 4z/wk Sx/wk 6x/wk Sunday Pickup
1.Sydor3ytl5plitBin N/A N/A N/A N/A N/A N/A N/A N/A
2yd or 4yd Spli[Bin $ 39 62 $ 5828 $ 8]A2 $ 112.05 $ 13330 $ 155.86 $ 132.65 $ 44.�2
3Yard 5 54.63 $ ]8,69 $ 10838 $ 146J8 $ ll810 $ 209.59 5 1989] $ 5516
4Yard $ 80.55 $ 123.16 $ 160.9] $ 235.55 $ 280.53 5 325.88 5 26530 5 60.55
6Yard N/A N/A N/A N/N N/A N/A N/A N/A
2VardCompactor 5 9855 $ 165.69 $ 21855 $ 280.12 $ 33329 $ 389.65 $ 331.62 5 5565
3 Yard Compattor $ 139 92 $ 209.59 S 288.91 $ 408.94 5 483.89 $ 56626 5 49Z03 $ 69.96
4VardCompacror $ 158.95 $ 259.62 $ 339.08 $ 46626 $ 55632 5 651J0 $ 530.59 5 ]696
35G se[�I Trash,1 Re<y) N/A N/A N/A N/A N/A N/A N/A H/A
65G sei(1 Trash,l Recy� N/A N/H N/A N/A N/N N/N N/H N/A
95Gset�lT�ash,lRecy) N/A N/A N/A N/A N/A N/A N/A N/A
E�haCart�Trash� N/A N/A N/A N/A N/A N/A N//+ N/A
Ex[raCart�Recy) N/A N/A N/A N/A N/A N/A N/A N/A
656Foodwas[eCar[ N/A N/A N/A N/P N/N N/A N/P N/H
9%Foodwas(eCart N/A N/A N/A N/A N/A N/A N/A N/A
LockingBin $ 2J6 $ 5.51 $ 82] $ IIAS $ 13.81 $ 16.56 N/A N/A
SwutServire $ 15.66 $ 31.]1 $ 4Z56 $ 63.42 $ ]930 $ 95.14 N/A N/H
3ydNBTempo�aryBinper5ervice $ 100]8
Bin Retum Trip Charge $ 30.6]
Bin Re-Delivery Fee $ 30.6]
Commercial Bulky Item Pickup per Service 5 23 62
Locklns[allation S �8.06
Emergenry Service(per hour� $ 10425
Bin Cleaning per B'm S 3121
OverageCleanupperBin 5 36.80
Rolloff Service
Permanenc Compactor Temporary
PerLoaE PerLoad PerLoatl
IOVd,STonLimit $ 346.19 N/A $ 3d6.19
30Vd.5TanLimi[ $ 288.45 $ 392.9] $ 28845
40Yd,5TonLimii $ 304.01 $ 350.88 $ 3�4.01
Use In Excess of 7 Days�per day� N/A N/A $ 22,08
Cast perTon Landfill Above Limit $ 46.16
CostperTonProcessingAbaveCimit N/A
CompactorCleaning $ 152.43
Re-Delivery- 0.e[umTripFee $ 6133 �
Overweight5peciaRmck�per[rip) 5 48528
Delivery Fee N�A
City of Orange
Ra[es Effective lanuary 1,2020
All ra[es are monthly unless offierwise no[ed.
Residential Service
CartService(Setof3� $ 1].4]
AdditionalTrashCart�each) $ 3.9Z
lAddi[ionalRecydingorGreenwasre 5
3 or mo�e fteryding o�Greenwaste(each) $ 3.92
OverageChargeonTrashCart 5 ��88
Bulkyl[emsOver4Annually $ Z3.8�
Cart Exchange $ 23.63
Re-Dellvery $ 393�
DeliveryPee�perset� $ Z5.00
Commercial MSW Bin Service
Rates are based on number of servires per week
Extra
lx/wk 2x/wk 3x/wk 4x/wk Sx/wk 6x/wk Sunday Pickup
1.Syd or 3yd Spli[Bin $ 45.18 $ 66.]9 $ 100.19 $ 128A1 $ 152.]J $ ll8.62 5 152.02 $ 50.45
2ydor4ydSpli[Bin 5 4Z55 5 ]031 $ ID5.46 $ 135.1] $ 16081 $ 18802 $ 160.O1 $ 5310
3Vard 5 65.90 5 94.93 5 130.]4 $ 1J].0� $ 214.85 $ 252.84 $ 240.03 $ 66.66
4Vard $ 9].1] $ 168.5] $ 194.18 5 284.15 5 338.42 $ 39312 $ 320.06 $ ]3.04
6 Yard $ 116.66 $ ll532 $ 22914 $ 33530 5 39933 5 463.88 $ 3]].65 $ 86.19
2VardCompacror $ 118.89 5 ll5J5 $ 263.65 $ 33].92 S 402.00 S 4]ODS 5 40005 5 66.89
3VardCompac[or $ 168J9 $ 252.84 $ 34852 $ 49332 $ 583J4 $ 683.30 $ 600.W 5 84.40
6YardCom aRor $ 191J5 5 313.19 $ 4W.05 $ 562.4] $ 6'l1.11 $ ]86.1] $ 660.0] $ 92.84
35G se[(1 Trash,1 Recy) S 22.12 N/A N/A N/A N/A N/A N/A N/A
65G set(l Trash,1 Recy� S 28.96 N/A N/H N/A N/A N/A N/A N/A
95Gsei�lT�ash,lRecy� $ 32.18 N/A N/A N/A N/A N/A N/N N/A
ExKaCar[�T�ash) S 10.00 N/A N/A N/A N/A N/A N/A N/A
EMraCart�Rety) S 8.50 N/A N/A N/A N/A N/A N/A N/A
65GFoodwas[eCar[ $ 24b2 $ 4A24 $ �3.86 $ 98.48 5123.30 $ 14]J2 N/A N/A
95G Foodwas[e Cart $ 2]35 $ 54J0 $ 82.05 $ 309.60 $ 136J5 $ 164.30 N/A N/A
Lockin Bin $ 333 $ 6b5 5 9.98 $ 13.33 $ 16.66 $ 19.98 N/A N/A
SroutServire $ 18.89 $ 3815 $ 5]3] $ ]6.51 $ 95.66 $ 119.]J N/A N/A
Rates for Recyding,Poodwasre,Greenwaste and Manure bins will be chargetl at 85%of ffie above Commercial MSW bin rate
3ydCUBTempo�aryBinper5ervice $ 121.58
Bin ReNm Trip Charge $ 3�.��
Bin Re-Delivery Fee $ 3]00
Commercial Bulky Item Pickup per Service $ 2825
Locklnstallaiion S 94�1�
Emergency5ervice�perhour) $ 125.J6
Bin Cleaning per Bin $ 3].65
Ove�ageCleanupperBin $ <439
RolloffService
Permanent Compactor Temporary
PerLoad PerLoaC PerLoatl
l0Yd,4TanLimit $ 016.12 N/A $ 416.12
30Yd,4TonLimi[ $ 346J1 $ 302.9] $ 346]3
40Yd,4TonLimit $ 365.42 S 35�.88 $ 365A2
Use in Excess of]Days�per day) N/A N/H $ 2654
CostperTonLandfillAbove4tonLimif $ 55.49
Cast per Ton Processing Above 4[on Limi[ $ S1J4
CompaclorQeaning 5 183.22
Re-Oelivery- RefumT�ipFee $ ]3]2
Ove�weight5pecialTmck(Peririp) 5 58330
DeliveryFee 5 90.15
Ciry of Orange
0.ates Effective July 1,2020
All rates are monihly unless o[herwise noted.
Residential5ervice �
CartService�5e[ot3) $ IJ.65
Addi[ional Trash Can(each) $ 3.96
lAddifionalRerydingorGreenwaz[e $ -
3ormoreRerydingorGreenwasie�each) $ 3.96
OverageChargeonTrashCart $ Z95
BulkyltemsOver4Annually 5 24.11
Cart Exchange 5 23.86
Re-Delivery $ 39.]6
DeliveryFee�perset� $ 2525
Commercial MSW Bin Service
Rates are based on number of services per week
Exha
lx/wk 2x/wk 3x/wk 4r./wk Sx/wk 6x/wk SundaV Pickup
1.Syd or 3yd Spll[Bin $ 4839 $ ]1.54 $ 30]30 $ 13].53 $ 163.62 5 19131 $ 162.82 $ 54.03
2ydor4ydSplitBin $ 50.93 $ ]530 $ ll295 $ 144J) $ ll223 $ 201.38 $ ll139 $ 56.88
3Vard $ ]0.58 $ 101.6] $ 140.�3 $ 189.65 $ 23011 5 2'l0.80 $ 25].08 $ ]1.40
4Vard 5 304.0� $ 159.13 $ 2W.98 $ 30434 $ 362.66 $ 421.05 $ 342J8 5 ]&23
6Va�d $ 122.81 $ 18].]] $ 265.42 $ 359.12 $ 42]JO $ 496.84 $ 404.48 5 92.32
2YardCompacror $ 1P33 $ 188.24 S 28238 $ 361.93 $ 430.56 $ 503.44 $ 428.4J $ ]1.64
3 Yard Compac[or $ 180J8 $ 2J0.80 $ 3]318 $ 5283] $ 62521 $ ]31.63 $ 642J0 $ 9039
4YardCompactor $ 205.3] 5 335.44 $ 438.11 $ 602.43 $ J38.79 $ 84202 $ 685.55 $ 9946
35G sei(1 Trash,1 Recy) 5 23.69 N/A N/N N/A N/A N/A N/A N/A
65G se[�l Trash,l Rery) $ 33A2 N/A N/A N/A N/N N/A N/A N/A
95G se[(1 Trash,1 Recy) $ 34.4] N/A N/A N/A N/A N/A N/A N/H
Ex[raCart�T�ash) $ 10.]3 N/A N/A N/A N/A N/A N/A N/A
EMraCart�Recy) S 9.30 N/A N/A N/A N/A N/A N/A N/H
65GFoodwasteCart $ 263� $ 52J4 5 J9.11 $ 10548 $ 131B5 $ 15821 N/A N/A
95G Poodwaz[e Cart S 19.Z9 $ 58.59 5 8]88 $ 11].11 $ 166.4� $ ll5J6 N/A N/P
Lockin Bin $ 3.S1 $ J32 $ 30.69 $ 14.28 $ 1]84 $ 21.40 N/A N/A
SmutService $ Z0.23 $ 40.9] $ 61.45 $ 81.94 $ 102.46 $ 122.% N/A N//+
Rates for Recyding,Foodwas[e,Greenwaste and Manure bins will be charged af 85%ot Ihe above Commercial MSW bin rate
3ydNBTemporaryBinper5ervice $ 13021
BinReturnTripCharge $ 39.63
Bin Re-0elivery Fee $ 39.63
Commercial Bulky Item Pickup per Servire 5 3026
Locklns[alla(ion $ 100.86
Emergency5ervice(perhour) $ 134J0
Bin CleaNng per Bin $ 4032
Werage Cleanup per Bin 5 4].55
Rolloff5ervice
Permanen[ CompacSor Temporary
PerLoaE PerLoad PerLoad
l0Vd,4TonLimit $ 455.29 N/A $ 45i29
30Ytl,4TonLimi[ $ 3]9.35 $ 3]5.26 $ 3]935
40Yd,4TonLimit S 399.82 $ 383.91 $ 399.82
Use in Excess of J DaVs(per day� N/A N/A $ 29.04
CostperTonLandfllAbove4WnLimit 5 60J3
Cos[perTonPmressingAbove4[onlimi[ $ 89.43
CompazrorCleaning 5 200.4]
Re-Delivery- RetumTripFee $ 80.66
Overweight5pecialTmck�pertrip) $ 63821
Delivery Fee $ 98.64
Ciry ot Orange
Rafes EHec[ive)uly 1,2@1
Allraiesare monthly unlers otherwise noted.
Residen[ial Service
Cart 5ervice(Se[of 3) $ 18.18
Addi[ionalTrash Cart�each) $ 4��8
lAddi[ionalRecVclingorGreenwaste $ -
3ormoreRecy<IingorGreenwaste(each) $ 4,�8
Overage Charge on Trash Cart S 8�19
BulkyltemsOver4Annually S �4�83
Cart E�change 5 Z4_58
Re-0elivery $ 40.95
Delivery Fee(per se[) $ 26.01
Commemial MSW Bin Service
Ra[es are based an number of services per week
Ex[ra
lx/wk 2x/wk 3x/wk 4x/wk Sx/wk 6�wk Sunday Pickup
1.Sydor3yd5pli[Bin $ 52.86 $ 18.15 $ 1ll.22 $ 15024 $ 1]8]4 $ 208.99 $ llZ8] $ 59.W
2ydo�4ydSplitBin 5 55.64 $ 8226 5 12339 $ 158.15 5 18814 $ 219.99 5 18]23 $ 62.13
3Vard 5 ���Il $ I31.0] $ 152.9J $ 20J.11 $ 25138 5 295.82 $ 280.83 5 ]8.00
6Vard $ 113.69 $ 1]3.83 $ 2U20 $ 332.46 $ 395.95 $ 459.96 $ 31445 $ 85.46
6Vard $ 134.16 $ 205.12 $ 268.10 $ 39231 $ 96]22 5 542J5 $ 441.86 $ 10�.85
2YardCompactor $ 13910 $ 205.63 $ 308.4] $ 3953) $ 4]035 $ 549.9] $ 668.06 $ ]816
3YardCompattor $ 19�.49 $ 29582 $ 90�J8 $ 5]].19 $ 68298 5 ]99.14 $ 10209 $ 98J4
4VardCompactor $ 22435 $ 366.44 5 4]859 $ 658.10 $ ]8521 5 91983 $ ]68.89 $ 108.62
35G se[�1 Trash,1 Recy) $ 25.88 N/A N/A N/A N/A N/A N/A N/A
65G set(1 T�ash,1 Recy� $ 33.88 N/A N/A N/A N/A N/A N/A N/A
95G set(1 Trash,l Rety) $ 3].65 N/A N/A fJ/A N/A N/A N/A N/A
Ex[raCartQrash) $ 11J0 N/A N/A N/A WA H/A N�A N�A
ExhaCart(Recy) $ 9.95 N/A N/A N/A N/H N/A N/A N/H
65G Foodwaste Cart S 18.81 $ 5].61 $ 86.42 $ 11522 $ 144.03 5 1R.83 N/A N/A
95GFoodwas[eCart $ 32.00 $ 64.00 5 9600 $ 128.00 $ 160.00 $ 192.00 N/A N/A
Locking8in 5 3.90 $ JJS 5 11.61 $ 15.60 $ 19.69 $ 23.3] N/H N/A
ScoutService $ 2210 $ 49]6 $ 6].13 S 8451 $ 111.93 $ 13018 N/A N/A
Fates for Recyding,Poodwaste,Greenwaste and Manure bins will be chargetl at 85%of[he above Commemial MSW bin ra[e
3ydNBTemporaryBinper5ervice $ 14224
BinPetumT�ipfharge 5 43.29
Bin Re-Delivery Fee $ 4329
Commercial8ulky I[em Pickup pe�Service $ 33.06
Locklns[allation 5 11�.18
Emergency5ervice�perhour� $ 19].14
Bin Cleaning pe�Bin 5 44�45
Overage Cleanup pe�Bin $ 51.94
RoIIOHService
Permanent Compactor Temporary
PerLoad Pe�Load Pe�Loatl
IOYd,4TonLimit $ 507.98 N/A $ SdJ.98
30Vd,4TonLimit $ 623.26 S 418.69 S 423.26
40Yd,4TonLimi[ $ 446.09 $ 42834 $ 446.09
Use in Excess of 7 Days(per day) N/A N/A $ 32.40
Cas[perTonLandfillAbave4conlimit S 6].]3
CostperTonProcessingAbove4[onlimit $ 99J8
Compac[orCleaning $ 223.6]
Re-Delivery- Re[urn Trip Fee $ 89�99
Overweight5pecialTmck�per[rip) $ ]1208
DeliveryFee $ 110.05
Ciry of Orange
Rates EffeRiveluly 1,2022
All ra[es are monthly unless otherwise noced.
Residen[ial5ervice
CartService�5etof3) 5 18��z
AdditionalTrashCart�each� $ 4.20
1 Pdditional Recycling or Greenwaste $
3 0�more Recyding o�Greenwaste(each) $ 4.20
OverageChargeonTrashCar[ $ 8.64
Bulkyl[emsOver4Annualty $ 25.58
Cart Exchange $ 253z
Re-Delivery 5 4z.18
�eliveryFee�perset� S Z6.�9
Commercial MSW Bin Service
Rates are based on number of services per week
Extra
lx/wk 2x/wk 3x/wk 4x/wk Sx/wk 6x/wk Sunday Pickup
1.Syd or 3yd Split Bin S 5].]5 $ 8538 $ 128.OJ $ 164.15 $ 19518 5 228.33 $ 19433 $ 60.49
2ydo�4yd5pli[Bin $ 60J9 $ 89.8] $ 13681 $ ll2J9 $ 205.56 $ 24035 $ 204.56 $ 6].88
3Vard $ 84.14 $ 12135 $ lfi].13 $ 22635 $ D4.64 $ 32320 $ 306.83 $ 8522
4Vard $ 129.21 $ 189.92 $ 248.23 $ 36314 $ 432.60 $ 502.53 $ 409.11 5 93.37
6Yard $ 146.5] $ 22411 $ 292.91 S 42862 $ 510.4] 5 592.99 $ 482.]5 $ 130.18
2VardCompactor $ 151.9] $ 224.66 $ 33�.�2 $ 431.9] $ 513.88 $ 600.8] $ 51138 $ 85.51
3YardCompac[o� $ 215.]] $ 32310 $ 445.52 $ 630.62 $ ]46.19 $ S]322 5 ]fi]0] $ 10].88
4VardCompacro� $ 24511 $ 40035 $ 522.89 $ ]19.01 $ 85].89 $1,004.9J 5 81811 $ 118.68
35G set�I Trash,1 Recy) $ Z8.Z8 N/A N/A N/A fJ/A N/A N/A N/A
65G set(1 Trash,l Recy) $ 3].02 N/N N/A N/A N/A N/N N/A N/N
95Gse[�1Trash,l Rery) $ 4114 N/A N/A N/A N/A N/A N/A N/F
ExttaCart(Trash) $ 12]8 N/A N/A N/A N/A N/A N/A N/A
Ex[raCart�Recy� $ 30.8] N/N N/A N/A N/P N/A N//+ N/A
65G Poodwasie Cart 5 31,47 $ 62.94 $ 94.42 $ 125.89 $ 15]36 $ 188.83 N/A N/A
95GFoodwas[eCart $ 34.96 $ 6992 $ 106.89 $ 139.85 $ ll6.81 5 209.]J N/A N/A
Lockin Bin $ Q.Z6 $ 8.50 $ 12]5 $ 1].04 $ 2130 $ 25.54 N/H N/A
SmutServire $ 2415 S 68.90 $ ]336 $ 9J80 $ 12219 $ 146J1 N/A N/A
Ra[es for Recyding,Foodwas[e,Greenwaste and Manure bins will be charged at 85%of the above Commercial MSW b'm ra[e
3ydCUBTemporaryBinper5ervire $ 155.41
BinRetumTripCharge $ 4130
BinRe-DeliveryFee $ 4]30
Commercial Bulky I[em Pickup per Service $ 36.12
Locklnstallation 5 1203]
Emergency5ervice(perhour) $ 160J6
Bin Cleaning per Bin $ 6813
Ove�ageCleanupperBin 5 56J5
RolloffService
Fermanen[ Compacto� Temporary
PerLoad Pe�Load Pe�Loatl
l0Vd,4TonLimit $ 566J5 N/A $ 566J5
30Vd,4TonLimit $ 41222 5 46].12 $ 4R.ZZ
a0Yd,4TonLimit $ 49].69 S 4J].90 S 49].69
UseinExcessof�Days�perday) N/A N/A $ 3615
CostperTonLandfillAbove4tonLimit 5 ]5.5]
CostperTanPmcessingAboveGtonLimit $ 111.32
CompacrorQeaning $ Z49.54
Re-Delivery- Re[umTripFee 5100.40
Overweight5pecialTruck(perttip) $ ]94A5
DeliveryFee $ 122J8
City of Orange
Rates EHective July 1,2 W 3
All rates are monthly unless o[herwise no[ed.
Residen[ial Service
CartService�5e[of3) 5 19.28
Atldi[ionalTrashCart(each) $ 432
lAddi[ionalRerydingor6reenwaste $ -
3ormareRecydingorGreenwasce�each) 5 4.32
Overage Charge on Trash Cart 5 8.69
BulkyltemsOve�6Annually $ 2635
Cart Exchange $ 26.08
0.e-Oelivery $ 4365
DeliveryFee�perset� $ P59
Commercial MSW Bin Service
Rares are based on number af services per week
Exha
lx/wk 2x/wk 3x/wk 4x/wk Sx/wk 6x/wk Sunday Pickup
1.Syd or 3yd Split Bin $ 5948 $ SZ96 $ 13191 $ 169.0] $ 201.16 $ 235.18 5 200.16 $ 66A2
2ytlor4yd5plitBin 5 62.61 $ 92.57 $ 138.85 $ 171.9] $ 211.A 5 24�.56 $ 210.69 5 69.92
3Vartl $ 86]] $ 124.99 $ 1]2.14 $ 233.14 $ 283.88 5 332.90 $ 316.03 $ 8l.]]
4Yard $ 121.94 $ 195.62 5 2556] $ 3]4.13 $ 445.58 5 Sll.61 $ 42139 $ 96.1J
6Yard $ 150.9] $ 230.83 $ 301.]0 $ 441.48 5 525.]8 $ 630.]S 5 49].24 $ 11349
2Ya�dCompa<[or 5 156.53 $ 23140 $ 34I.13 $ 444.92 5 52930 $ 618.90 S 526]2 $ 88.0]
3 Vard Compacto� $ 22224 $ 332.90 $ 458.89 $ 649.53 $ 168.58 $ 899.41 $ 190.09 $ 111.12
6VardCompactor $ 252.6] $ 41236 5 538.5� 5 ]40.58 $ 883.62 S 1,03512 $ 842J6 $ 12224
35GseI(1Trash,lRecy) $ 29.12 N/A N/A N/A N/A N/A N/A N/A
65G se[(1 Trash,l Recy) $ 3813 N/H N/A N/A N/A N/A N/A N/A
95G se[�l Trash,l Rery) $ 423] N/A N/A N/A N/A N/A N/A N/P
ExhaCart�Trash) $ 13.1] N/A N/A N/H N/A N/A N/A N/A
Ex[raCart�Recy� $ 1119 N/P N/A N/A N/A N/A N/A N/A
65G Foodwasle Cart $ 3L42 S 64.83 5 9].25 $ 129 66 $ 162.08 $ 196.50 N/P N/A
95GFoodwas[eCart $ 36.01 $ ]202 $ 108.03 $ 144.04 $ 18005 $ 216.06 N/A N/A
Lo<kin 8in $ 9.38 $ SJS $ 13.14 $ ll.55 $ 21.93 $ 2630 N/A N/A
SmutService $ 24.8] $ W3] $ 75.54 $ 100J3 $ 125.96 $ 15111 N/A N/H
Ra[es for Recyding,Foodwaste,Greenwaste antl Manure bins will be charged at 85%of the above Commercial MSW bin rate
3ydNBTemporaryBinper5ervice $ 160.0]
Bin Re[um Trip Charge $ a8��1
Bin0.e-DeliveryFee $ 48.]1
Commercial Bulky Item Pickup per Service $ 3]20
Locklnstallation 5 123.99
EmergencyService�perhour) $ 165.58
Bin Cleaning per Bin $ 49.5]
OverageOeanupper6in 5 58A5
Rolloff Service
Permanent Compactor Tempo�ary
PerLoaE Pe�Load PerLoad
1�Vd,4TonLimit S 583J5 N/N 5 583J5
30 Vd,4 Ton Limit $ 48639 $ 481.14 5 486.39
40Yd,aTonLimit $ 512.63 5 49223 S 512,63
UseinExcessotJ�ays�perday) N/A N/A $ 3]23
Cos[perTonLandfillAbove4ronLimi[ $ ��.84
CostperTonProcessingAbove4ronLimi[ $ 114.66
CompacrorCleaning $ 29.03
Re-Delivery- PetumTripFee $ 103.61
Overweighi5pecialTmck�perhip) $ 81828
Delivery Fee $ 126.9]
Ciry of Orange
Rates EHec[ive luly 1,2024
All rates are monthly unless o[herwise noted.
Residential5ervice
CartService�5e[of3) $ 19.86
AddiiionalTrashCart(each� 5 4.45
lAddi[ianalRerytlingo�Greenwas[e $
3 or more 0.ecyding or Greenwas[e(each) $ 4.45
OverageChargeonTrashCart $ 8.95
Bulkyl[emsOver9Annually 5 2].10
Cart Exchange 5 26.86
Re-Delivery $ 44J5
DeliveryFee�perset� $ 28.42
Commercial MSW Bin Service
Rates are basetl on number of services per week
EM�a
la/wk 2rfwk 3x/wk 4�wk Sx/wk 6x/wk Suntlay Pickup
1.Sydor3yd5pli[Bin $ 61.0 $ 90.58 $ 135.8] 5 ll4.15 $ 20].11 $ 242.24 S 20616 $ 6842
2 tlor6yd5pli[Bin $ 64.49 $ 9535 $ 16302 5 183.31 $ 218.08 $ 259.98 S 2ll.01 $ �202
3Vartl S 893] $ 128]4 $ 1]]31 5 240.13 5 2913] $ 362.89 $ 325.51 S 9040
4Yare $ 131J8 $ 201.49 5 26336 5 38536 5 958.99 $ 533.14 S 634.03 $ 9906
6Yard $ 155.50 $ 23]]6 5 310J5 5 A54]2 5 54155 5 62910 S 512.15 $ 116.89
2 Yard Compactor $ 16123 $ 23835 5 35].56 5 A581] 5 54518 5 63].46 S 592.53 $ 90J2
3 Yard Compactor $ 228.91 $ 362.89 $ 4R.65 $ 669.02 $ �91.64 $ 92639 5 813]9 $ 114.45
4VardGompac[or $ 260.04 $ 424J3 $ 554]3 $ ]6280 $ 910.13 $ 1,066.1] $ 868.04 $ 125.91
35G sei(1 Trash,1 Recy� $ 30.00 N/A N/A N/A N/A N/A N/A N/A
65Gset�lTrash,lRecy) $ 392] N/A N/A N/A N/A N/A N/A N/A
95G se[(l Trash,1 Rec � $ 93.60 N/A N/A N/A N/A N/A N/H N/A
Ex[raCart�T�ash) $ 13.56 N/A N/N N/A N/A N/A N/A N/A
Ex[raCart�Recy) $ 11.53 N/A N/N N/A N/A N/q N/A N/A
65G Foodwaste Cart 5 33.39 $ 66.]8 $ 100.11 $ 133.R $ 166.94 $ 20033 N/A N/A
95G Faodwaste Cart $ 3].09 $ ]4.18 $ 111.2] $ 148.36 $ 185.45 $ 222.55 N/A N/A
Lackin Bin $ 4.52 $ 9.01 $ 13.53 $ 18.08 $ 22.59 $ 2].09 N/A N/A
Srou[Servire $ 25.62 $ 51.88 $ ]].81 $ 103J5 $ 129J3 $ 155.65 N/A N/A
Rates for Rerycling,Poodwaste,Greenwas[e and Manure bins will be charged at 85%otthe above Commercial MSW bin rate
3ytlCUBTemporaryBinper5ervice $ 164.8]
BinReturnTripCharge $ 50.18
9inRe-oeliveryfee 5 50.18
Commercial Bulky Item Pickup per Service 5 3831
Locklnstallatian $ 12I.71
Emergency5ervice�perhour) $ 1J0.55
8in Cleaning per Bin $ 51.06
Overage Cleanup per Bln $ 6020
Rolloff Servire
Permanent Compacror Temporary
PerLoad PerLoad PerLoad
l0 Yd,4 Ton Limit $ 601.26 N/H $ 601.26
30Vd,9TonLimi[ $ 500.98 $ 495.5] $ 500.98
40Yd,4TonLimit 5 528.00 $ 50700 $ 528.00
Use in Excess of]Days(pe�day) N/A N/N $ 3835
CostpertonLandfllAboveOtonLimi[ $ 80.1]
CostperTonProcessingAbove4[onLimi[ $ 118.10
Compac[orCleaning 5 269.�4
Re-Delivery- ReturnTripFee $ 106.52
OverweighfSpecialTmck�per[rip) S 842.83
DeliveryFee $ 13026