Agenda packet — Newark City Council, April 13, 2023 (part 3 of 3)

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Maximum Rates Approved by City for Rate Period One

EXHIBIT L
B.
1X 2X 3X 4X 5X 6X
32-Gallons Refuse $31.22 $63.69 $97.39 $132.34 $168.57 $206.02 64-Gallons Refuse $55.26 $112.72 $172.38 $234.28 $298.39 $364.66 96-Gallons Refuse $79.30 $161.75 $247.39 $336.19 $428.15 $523.30 32-Gallons Recyclables $15.60 $31.83 $48.72 $66.18 $84.29 $103.02 64-Gallons Recyclables $27.61 $56.35 $86.20 $117.13 $149.19 $182.35 96-Gallons Recyclables $39.66 $80.89 $123.71 $168.10 $214.07 $261.66 32-Gallons Yardwaste $23.42 $47.76 $73.05 $99.28 $126.42 n/a 64-Gallons Yardwaste $41.43 $84.55 $129.28 $175.71 $223.77 n/a 96-Gallons Yardwaste $59.48 $121.32 $185.53 $252.12 $321.14 n/a C.
1X 2X 3X 4X 5X 6X
$166.16 $338.87 $518.43 $704.31 $897.25 $1,096.39
$310.94 $634.29 $849.78 $1,318.35 $1,679.05 $2,052.15
$439.60 $819.11 $1,198.82 $1,758.33 $2,197.92 $2,637.47 $576.02 $1,082.17 $1,588.53 $2,304.07 $2,880.10 $3,456.09 $860.77 $1,620.20 $2,379.49 $3,443.00 $4,303.77 $5,164.52 $987.42 $1,873.36 $2,962.22 $3,949.62 $4,937.00 $5,924.43 1X 2X 3X 4X 5X 6X
$66.47 $135.56 $207.37 $281.73 $358.90 $438.57
$124.40 $253.72 $339.90 $527.34 $671.61 $820.85
$175.82 $327.64 $479.53 $703.33 $879.15 $1,054.98
$230.42 $432.88 $635.42 $921.64 $1,152.05 $1,382.43
$344.30 $648.08 $951.79 $1,377.20 $1,721.52 $2,065.81
$394.98 $749.33 $1,184.89 $1,579.85 $1,974.81 $2,369.77 1X 2X 3X 4X 5X 6X
$124.61 $254.16 $388.80 $528.25 $672.93 $0.00
$233.21 $475.72 $637.32 $988.76 $1,259.26 $0.00
$329.69 $614.37 $899.11 $1,318.75 $1,648.42 $0.00
*Customer owned front-load refuse compactors will be charged 2 times the refuse bin rates listed in the above table. **Customer owned front-load recycling compactors will be charged 50% of the refuse bin rates listed the above table.

YARD WASTE BINS**

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
3 cubic yard container
7 cubic yard container
3 cubic yard container
4 cubic yard container
6 cubic yard container
7 cubic yard container
RECYCLING BINS**
Multi‐Family Customers include any Residential premises (other than Single‐Family Premises), which have centralized collection services. Each unit of a duplex, triplex, townhouse or condominium that receives individual collection services is considered a Single‐Family Premises and charged Single‐Family Rates.

CART SIZE MATERIAL

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
3 cubic yard container
4 cubic yard container
6 cubic yard container

COLLECTIONS PER WEEK
MULTI‐FAMILY FRONT‐LOAD BIN AND COMPACTOR SERVICE
Multi‐Family Customers include any Residential premises (other than Single‐Family Premises), which have centralized collection services. Each unit of a duplex, triplex, townhouse or condominium that receives individual collection services is considered a Single‐Family Premises and charged Single‐Family Rates.

REFUSE BINS*

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
MULTI‐FAMILY CART SERVICE

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Packet Page 426
Maximum Rates Approved by City for Rate Period One

EXHIBIT L
D.
1X 2X 3X 4X 5X 6X
32-Gallons Refuse $31.22 $63.69 $97.39 $132.34 $168.57 $206.02 64-Gallons Refuse $55.26 $112.72 $172.38 $234.28 $298.39 $364.66 96-Gallons Refuse $79.30 $161.75 $247.39 $336.19 $428.15 $523.30 32-Gallons Recyclables $15.60 $31.83 $48.72 $66.18 $84.29 $103.02 64-Gallons Recyclables $27.61 $56.35 $86.20 $117.13 $149.19 $182.35 96-Gallons Recyclables $39.66 $80.89 $123.71 $168.10 $214.07 $261.66 32-Gallons Yardwaste $23.42 $47.76 $73.05 $99.28 $126.42 n/a 64-Gallons Yardwaste $41.43 $84.55 $129.28 $175.71 $223.77 n/a 96-Gallons Yardwaste $59.48 $121.32 $185.53 $252.12 $321.14 n/a E.
1X 2X 3X 4X 5X 6X
$166.16 $338.87 $518.43 $704.31 $897.25 $1,096.39
$310.94 $634.29 $849.78 $1,318.35 $1,679.05 $2,052.15
$439.60 $819.11 $1,198.82 $1,758.33 $2,197.92 $2,637.47 $576.02 $1,082.17 $1,588.53 $2,304.07 $2,880.10 $3,456.09 $860.77 $1,620.20 $2,379.49 $3,443.00 $4,303.77 $5,164.52 $987.42 $1,873.36 $2,962.22 $3,949.62 $4,937.00 $5,924.43 1X 2X 3X 4X 5X 6X
$66.47 $135.56 $207.37 $281.73 $358.90 $438.57
$124.38 $253.72 $339.90 $527.34 $671.61 $820.85
$175.82 $327.64 $479.53 $703.33 $879.15 $1,054.98
$230.42 $397.40 $635.42 $921.64 $1,152.05 $1,382.43
$344.30 $648.08 $951.79 $1,377.20 $1,721.52 $2,065.81
$394.98 $749.33 $1,184.89 $1,579.85 $1,974.81 $2,369.77 1X 2X 3X 4X 5X 6X
$124.61 $254.16 $388.80 $528.25 $672.93 $0.00
$233.21 $475.72 $637.32 $988.76 $1,259.26 $0.00
$329.69 $614.37 $899.11 $1,318.75 $1,648.42 $0.00
*Customer owned front-load refuse compactors will be charged 2 times the refuse bin rates listed in the above table. **Customer owned front-load recycling compactors will be charged 50% of the refuse bin rates listed the above table. 3 cubic yard container
6 cubic yard container
7 cubic yard container
YARD WASTE BINS**

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
RECYCLING BINS**

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
3 cubic yard container
4 cubic yard container
1 cubic yard container
2 cubic yard container
3 cubic yard container
4 cubic yard container
6 cubic yard container
7 cubic yard container
COMMERCIAL FRONT‐LOAD BIN AND COMPACTOR SERVICE
REFUSE BINS*

COLLECTIONS PER WEEK

COMMERCIAL CART SERVICE

CART SIZE MATERIAL

COLLECTIONS PER WEEK

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Maximum Rates Approved by City for Rate Period One

EXHIBIT L
F.
1X 2X 3X 4X 5X 6X
$159.96 $326.21 $499.06 $678.00 $863.71 $1,055.42
$299.32 $610.60 $818.02 $1,269.11 $1,616.32 $1,975.51
$53.19 $108.50 $165.94 $225.53 $287.22 $351.03
G.

Tonnage Limit
Per Pick-Up* REFUSE RECYCLING YARDWASTE

2.0 $584.31 n/a n/a

2.0 $584.31 $292.14 $438.20

3.0 $738.53 $369.28 $553.91

5.0 $1,047.04 $523.53 $785.28

6.0 $1,201.28 $600.66 $900.98
n.a. $154.28 $92.47 $92.47
Tonnage Limit
Per Pick-Up* REFUSE RECYCLING YARDWASTE

1.2 $508.70 $254.36 $381.51

3.0 $1,017.41 $508.70 $763.06

4.0 $1,356.53 $678.25 $1,017.41

5.0 $1,695.65 $847.84 $1,271.75

6.0 $2,034.79 $1,017.41 $1,526.10
35 cubic yard Compactor 7.0 $2,373.94 $1,186.99 $1,780.45

8.0 $2,713.07 $1,356.53 $2,034.79
n.a. $154.28 $92.47 $92.47
If tonnage collected is greater than the tonnage limit listed in the above table, contractor may charge for tonnage in excess of the tonnage limit at the per-ton rate specified.

MATERIAL BASE RATE

PER PICK-UP

PER TON
RATE*
Dirt $362.45 $60.26
Concrete $362.45 $60.26
Wood $362.45 $86.08
Wood $362.45 $86.08
Wood $362.45 $86.08
Wood $362.45 $86.08
Recyclable C&D $362.45 $113.24
Recyclable C&D $362.45 $113.24
Recyclable C&D $362.45 $113.24
Recyclable C&D $362.45 $113.24
*Contractor will charge customer for actual tonnage collected at the per-ton rate listed in the above table. 20 cubic yard Drop Box
30 cubic yard Drop Box
40 cubic yard Drop Box
40 cubic yard Drop Box
14 cubic yard Drop Box

DROP BOX SIZES
6 cubic yard Drop Box
6 cubic yard Drop Box
14 cubic yard Drop Box
20 cubic yard Drop Box
30 cubic yard Drop Box
20 cubic yard Compactor
25 cubic yard Compactor
30 cubic yard Compactor
40 cubic yard Compactor
Excess Tonnage Rate

CONSTRUCTION AND DEMOLITION DEBRIS BOX SERVICE
30 cubic yard Drop Box
40 cubic yard Drop Box
Excess Tonnage Rate

CUSTOMER-OWNED

COMPACTORS
6 cubic yard Compactor
15 cubic yard Compactor

DROP BOX CONTAINERS AND COMPACTOR SERVICES

DROP BOX SIZES
6 cubic yard Drop Box
14 cubic yard Drop Box
20 cubic yard Drop Box

COMMERCIAL ORGANIC SERVICES & RATES
REFUSE BINS* COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
32 or 64 Gallon Commercial

Page 4 of 5 ends

Packet Page 428
Maximum Rates Approved by City for Rate Period One

EXHIBIT L
I.

RATE
$14.77
$14.77
$110.97
$110.97
$73.96
$44.36
$184.94
$125.76
$29.59
$8.57
$36.84
$18.41
$27.62
$44.36
$14.77
$125.76
$34.89
$96.18
$125.76
$125.76
$154.28
$92.47
$92.47
$44.36

1.50%
$44.36
$45.19
$22.61
$30.87
$61.66
$91.49
$120.54
$180.70
$210.89
$241.01
Restart charge after 120-days late and service reduction Late charge after 60-days past due
Insufficient funds charge
Drop box placement charge
Drop box relocation charge
Drop box cancellation service
Drop box overage charge - Refuse (For Each Ton In Excess of Limits) Drop box overage charge - Recyclables (For Each Ton In Excess of Limits) Drop box overage charge - Yardwaste (For Each Ton In Excess of Limits) Bin Lock Installation (new lock) per container, per occurrence Overage charges Per-Cubic-Yard Rate, per occurrence
Container relocation charge per container, per occurrence Daily drop box demurrage charge (rental charge if customer keeps Box longer than 7-days without pick-up or return)
Hourly Trip Charge (if driver must return due to Customer/Generator error, such as failure to place Container at point of Collection before Collection time, overfilled Container, incorrect Container placement, contaminated materials) Push/pull charge (Per- Mo, Per-50 Ft, Per Cart, Per Pick-up) Lock/unlock charge (Per- Mo, Per Bin, Per Pick-up)
Extra refuse bin collection (per cubic yard rate per pick-up) Extra recycling bin collections (per cubic yard rate per pick-up) Extra yard waste bin collections (per cubic yard rate per pick-up) Extra On-Call Bulky Cleanup (more than three per year)
Cart replacement cost (more than once per year)
Cart delivery/pick-up (more than once per year)
Lost lock per container, per occurrence
Steam cleaning Bin/Cart (charge per visit)

ADDITIONAL SERVICES & RATES

ADDITIONAL SERVICES
Cost of pre-paid solid waste overage bags
Cost of pre-paid yardwaste overage bags
Contamination charge (after issuance of warning notices) for regular bin service - 8 cubic yard container
Overflow extra yard charge
Contamination charge (after issuance of warning notices) Contamination charge (after issuance of warning notices) for regular bin service - 1 cubic yard container
Contamination charge (after issuance of warning notices) for regular bin service - 2 cubic yard container
Contamination charge (after issuance of warning notices) for regular bin service - 3 cubic yard container
Contamination charge (after issuance of warning notices) for regular bin service - 4 cubic yard container
Contamination charge (after issuance of warning notices) for regular bin service - 6 cubic yard container
Contamination charge (after issuance of warning notices) for regular bin service - 7 cubic yard container

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EXHIBIT M

APPROVED SUBCONTRACTORS
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City of Newark/Allied Waste
June 1, 2023 M-1 Franchise Agreement, Exhibit M

EXHIBIT M

APPROVED SUBCONTRACTORS
As of the Effective Date, Contractor does not currently intend to use Subcontractors. Should Contractor wish to use Subcontractors at any time during the Term of this Agreement, it may do so only in accordance with Section 3.3.
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EXHIBIT N

OPERATING ASSUMTIONS AND COST BASIS FOR
CONTRACTOR’S ORIGINAL PROPOSAL
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EXHIBIT O

RESERVED
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EXHIBIT P

EXAMPLE WEB-BASED REPORTS
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City of Newark/Allied Waste
June 1, 2023 P-1 Franchise Agreement, Exhibit P
Main Customer Lookup Screen:

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City of Newark/Allied Waste
June 1, 2023 P-2 Franchise Agreement, Exhibit P
Main Customer Information Screen:

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City of Newark/Allied Waste
June 1, 2023 P-3 Franchise Agreement, Exhibit P
Sample Open Service Ticket:

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City of Newark/Allied Waste
June 1, 2023 P-4 Franchise Agreement, Exhibit P
Sample Closed Service Ticket:

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City of Newark/Allied Waste
June 1, 2023 P-5 Franchise Agreement, Exhibit P
Sample Container Information Screen:

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EXHIBIT Q

PROTOCOL FOR MANAGEMENT OF RESIDUE
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City of Newark/Allied Waste
June 1, 2023 Q-1 Franchise Agreement, Exhibit Q

EXHIBIT Q

PROTOCOL FOR MANAGEMENT OF RESIDUE

1. Characterization Process
Contractor shall, at the time integrals required and further specified herein, conduct Characterizations of Source Separated Recyclable Materials, Source Separated Organic Materials, and Source Separated Recyclable C&D to determine the Residue Level. At the Contractor’s discretion, the Characterizations may be conducted using either Contractor’s “magic table method or a method that uses the Contractor’s Processing line to sort the materials (hereinafter “Characterization”). The Characterizations shall be conducted for three (3) material streams: Source Separated Recyclable Materials, Source Separated Organic Materials, and Source Separated Recyclable C&D, and each stream may, at the Contractor’s discretion, be analyzed in subsets, including, with limitation, commercial, residential, and/or multi-family.

A Characterization for a material stream and/or any such subset thereof must be a representative sample of the material stream and/or any such subset thereof, which means that a representative sample shall include materials from multiple loads, on varying days or routes. Each Characterization shall be certified by authorized personnel or officer of the Approved Facility.

Contractor shall provide the City written notice three (3) Business Days in advance of the Characterizations and the City shall be allowed to attend and observe the Characterizations. The results of the Characterizations shall be delivered to the City within one (1) week of the date the Characterization was performed. The results of the Characterizations shall be used to determine the Residue Level for each material stream, and/or any such subset thereof, until the next Characterization is performed.

The first set of Characterizations shall be performed by September 30, 2013. At a minimum, Contractor shall conduct Characterizations of each material stream every six (6) months. The Contractor may, at its discretion, perform Characterizations more frequently and at any time, notwithstanding any potential defaults described in paragraph 3 herein.

2. Residue Level Less than Ten Percent
Contractor shall begin Processing all Source Separated Recyclable Materials, Source Separated Organic Materials, and Source Separated Recyclable C&D it Collects in the City upon the Commencement Date.

The Residue Level is required to be less than ten percent (10%) for all material streams.

3. Consequence of Residue Level Equal to or Greater than Ten Percent Although the City does not construe the agreement between the City and the Approved Transfer Facility, dated September 27, 2007, to mean that any Source Separated Recyclable Material load, Source Separated Recyclable C&D load, Source Separated Organic Material load or any other recyclable material load composed of ten percent (10%) or greater Residue by weight shall be considered Mixed Municipal Waste and/or Solid Waste, the City and Contractor agree that in the event any material stream as further described above results in a Residue Level equal to or greater than ten percent (10%) by weight, Contractor shall abide by the following provisions:

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City of Newark/Allied Waste
June 1, 2023 Q-2 Franchise Agreement, Exhibit Q
If a Characterization of any material stream results in a Residue Level equal to or greater than ten percent (10%), the Contractor shall automatically be deemed on notice of its potential failure to meet Residue requirements stated in the Agreement as of the date the Characterization is performed. The Contractor shall have one hundred eighty (180) days from the date of said Characterization to use commercially reasonable efforts to modify its Processing methods, perform outreach to Customers, take other corrective measures, and/or conduct other public relations acts all with the goal of reducing the Residue Level(s) to less than ten percent (10%). If at any time during this one hundred eighty (180) day period, the Contractor performs a Characterization that indicates the Residue Level is less than ten percent (10%), the one hundred eighty (180) day default notice is automatically rescinded and the results of that Characterization study shall be used to determine the Residue Level for that stream, or any subset thereof, and such Residue Level shall be effective for the next six (6) month period.

The Contractor shall develop a procedure for warning residents or businesses that are contaminating the Recyclable Materials, Organic Materials, and/or C&D, or any subset thereof, and for charging these Customers an “additional handling” Rate not to exceed the Maximum Rate approved by the City. Any and all such procedures require City approval prior to implementation by Contractor.

The Contractor shall perform a Characterization within one (1) week of the expiration of the one hundred eighty (180) day automatic notice period. If said Characterization results in a Residue Level equal to or greater than ten percent (10%) for any material stream, or any subset thereof, the Contractor may, at the City’s discretion and direction, be required to haul Equivalent Residue to the Approved Transfer Facility and/or be required to direct specified Collection vehicles to deposit loads of Source Separated Recyclable Materials, Source Separated Organic Materials, and/or Source Separated Recyclable C&D at the Approved Transfer Facility. The Contractor shall perform both of these tasks at its own cost but will be allowed to charge Customer’s with excessive contamination an “additional handling” Rate not to exceed the Maximum Rate approved by the City.

4. City’s Option to Direct Equivalent Residue to Approved Transfer Facility Upon execution of this Agreement, the City reserves the right to exercise the option to direct Contractor to haul Equivalent Residue from any of the Processing of Source Separated Recyclable Materials, Source Separated Organic Materials, and/or Source Separated Recyclable C&D, or any subset thereof such as multi-family, residential, or commercial, to the Approved Transfer Facility as Solid Waste. The Contractor shall comply within one week upon receipt of the City’s direction to transport Equivalent Residue to the Approved transfer Facility. The Equivalent Residue shall be hauled on a monthly basis and shall be calculated on a monthly basis. The Equivalent Residue shall be equal to the Residue Level for each material stream Processed by Contractor (i.e., , Source Separated Recyclable Materials, Source Separated Organic Materials, and Source Separated Recyclable C&D, or any subset thereof as directed by the City.) multiplied by the monthly Tonnage of material Processed. For example, if the Residue Level for SingleFamily Source Separated Recyclable Materials is 6.5% and 80 Tons of Single-Family Source Separated Recyclable Materials were Processed in a particular month, the amount of Residue to be transported to the Approved Transfer Facility would equal 5.2 Tons (e.g., 6.5% x 80 Tons). The Contractor shall pay the cost of transporting and Disposing of the Residue as calculated below. The City and Contractor agree that the Contractor’s compensation for Equivalent Residue transportation and Disposal Costs shall equal the per-Ton amount specified in the table below subject to annual CPI adjustment(s) using the methodology described in Exhibit D1. In the event the City exercises this option, this shall not be construed as either Party’s request for a Cost-Based Rate Adjustment Methodology as described in Exhibit D2. Any request Packet Page 481
City of Newark/Allied Waste
June 1, 2023 Q-3 Franchise Agreement, Exhibit Q
for compensation for Equivalent Residue transportation and Disposal Costs shall be processed in a timely manner by the City.

Residue Transport and Disposal Cost (Valid for Rate Period One) $ per Ton
Transport cost $19.33
Disposal cost at Approved Transfer Facility (e.g., Fremont Recycling and Transfer Station)
$83.41
Avoided Disposal cost at Approved Processing Facility (e.g., Newby Island landfill)
($31.00)
Total $71.74
The supporting assumptions and calculations that served as the basis for the agreed upon per-Ton cost adjustment is presented in the following table.

City may exercise this option for Contractor to transport Equivalent Residue to the Approved Transfer Facility at any time during the Term of this Agreement, provided Contractor receives thirty (30) days written notice. City also reserves the right to rescind this Option at any time, provided Contractor receives seven (7) days written notice. If at any time City exercises this option, but then subsequently rescinds said option, this rescission shall not be construed as a waiver of any future right by the City to re-exercise said option at which point the costs described above shall be reinstated pursuant to the above terms.

Description Single-Family
Recyclables
Single-Family
Organics
Commercial/
Multi-Family
Recyclables
Roll-Off
Recyclables Totals $ per Ton
Gross Tonnage per Year 4,222 5,122 1,692 367 11,403
Estimated Residual % 8% 4% 8% 4% 6%
Estimated Residual Tons 338 205 135 15 693
Backhaul Tons Per Load 15 15 15 15
Backhaul Loads Required 22.52 13.66 9.02 0.98
Transport Hrs Per Load 2 2 2 2
Transport Hourly Cost $ 145.00 $ 145.00 $ 145.00 $ 145.00 Annual Transport Cost $ 6,530 $ 3,961 $ 2,617 $ 284 $ 13,392 $ 19.33 Annual Residue Tonnage 338 205 135 15 693
BLT Tip Fee $ 83.41 $ 83.41 $ 83.41 $ 83.41 $ 83.41
Newby Tip Fee $ (31.00) $ (31.00) $ (31.00) $ (31.00) $ (31.00) Differential $ 52.41 $ 52.41 $ 52.41 $ 52.41
Added Disposal Cost $ 17,702 $ 10,738 $ 7,094 $ 769 $ 36,303 $ 52.41 Total Additional Cost $ 49,695 $ 71.74
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City of Newark/Allied Waste
June 1, 2023 Q-4 Franchise Agreement, Exhibit Q
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EXHIBIT R
CONTRACTOR’S IRAN CONTRACTING

CERTIFICATION
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City of Newark/Allied Waste
June 1, 2023 R-1 Franchise Agreement, Exhibit R

EXHIBIT R
CONTRACTOR’S IRAN CONTRACTING

CERTIFICATION
CONTRACTOR’S IRAN CONTRACTING ACT CERTIFICATION
Pursuant to Public Contract Code Section 2200 et seq., (“Iran Contracting Act of 2010”), Contractor certifies that:
(1) Contractor is not identified on the list created by the California Department of General Services (“DGS”) pursuant to California Public Contract Code Section 2203(b) as a Person engaging in investment activities in Iran; and
(2) Contractor is not a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another Person, for 45 days or more, if that Person will use the credit to provide goods or services in the energy sector in Iran and is identified on the DGS list made pursuant to Section 2203(b).

As used herein, “Person” shall mean a “Person” as defined in Public Contract Code Section 2202(e).

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally bind the Contractor to this Certification, which is made under the laws of the State of California.

Allied Waste Services of North America, LLC dba Allied Waste Services of Alameda County (“Contractor”) By:__________________________________
Print Name:___________________________
Title:_________________________________
Date:_________________________________
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Maximum Rates Approved by City for Rate Period One
(Effective June 1, 2023)
A.
20 GAL 32 GAL 64 GAL 96 GAL
$36.90 $41.00 $72.62 $104.23
$31.36 $34.87 $61.72 $88.57
n/a $24.61 $43.55 $62.48
n/a n/a $10.25 n/a
n/a n/a $6.16 n/a
20 GAL 32 GAL 64 GAL 96 GAL
$55.34 $61.50 $108.94 $156.33
$47.03 $52.26 $92.60 $132.87
n/a $36.91 $65.33 $93.74
n/a n/a $36.91 n/a
n/a n/a $36.91 n/a

EXHIBIT L
All references to Contractor and the Maximum Rates established herein are as a result of City’s contract for collection of garbage, recyclables, and organic materials and shall be deemed Maximum Rates as established by City effective June 1, 2023.

SINGLE‐FAMILY CART SERVICE
Single‐Family Customers include single‐family premises and each unit of a duplex, triplex, townhouse or condominium which receives individual Cart collection services.

CURBSIDE SERVICES

CONTAINER SIZE
(A) Basic Service
Weekly curbside collection of refuse, recyclables and yard waste in containers provided by the Contractor.

CONTAINER SIZE
(A) Basic Service
(B) Lifeline/Senior Rate
(C) Extra Solid Waste Cart
(D) Extra Yardwaste Cart
(E) Extra Recyclables Cart
*Backyard services are available for an additional cost. Drivers cannot services containers behind locked gates or structures. Disabled residents may apply for an exemption from the additional fee. (A) Basic Service
(B) Lifeline/Senior Rate
(C) Extra Solid Waste Cart
(D) Extra Yardwaste Cart
(E) Extra Recyclables Cart
*BACKYARD SERVICES
Weekly curbside collection of refuse, recyclables and yard waste in containers provided by the Contractor.

Customers may select their level of refuse service according to the container options available. All customers will be issued a 64‐gallon container for yardwaste and food scraps collection and a 64‐gallon container for recyclables collection. These rates will be available for eligible, low‐income customers demonstrating that they receive assistance under PG&E’s Low Income Rate Payer Assistance program. These rates will also be available for senior citizens, age 65 and above.
(C,D,E) Additional Containers
Customers may subscribe to additional weekly refuse, yard waste or recycling service by requesting one or more extra Carts in the sizes listed above.

Page 1 of 5 ends

Packet Page 488
Maximum Rates Approved by City for Rate Period One

YARD WASTE BINS**

CART SIZE MATERIAL

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
3 cubic yard container
4 cubic yard container
6 cubic yard container

REFUSE BINS*

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
MULTI‐FAMILY CART SERVICE

Page 2 of 5 ends

Packet Page 489
Maximum Rates Approved by City for Rate Period One

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
RECYCLING BINS**

COLLECTIONS PER WEEK

COMMERCIAL CART SERVICE

CART SIZE MATERIAL

COLLECTIONS PER WEEK

Page 3 of 5 ends

Packet Page 490
Maximum Rates Approved by City for Rate Period One

EXHIBIT L
F.
1X 2X 3X 4X 5X 6X
$159.96 $326.21 $499.06 $678.00 $863.71 $1,055.42
$299.32 $610.60 $818.02 $1,269.11 $1,616.32 $1,975.51
$53.19 $108.50 $165.94 $225.53 $287.22 $351.03
G.

Tonnage Limit
Per Pick-Up* REFUSE RECYCLING YARDWASTE

2.0 $584.31 n/a n/a

2.0 $584.31 $292.14 $438.20

3.0 $738.53 $369.28 $553.91

5.0 $1,047.04 $523.53 $785.28

6.0 $1,201.28 $600.66 $900.98
n.a. $154.28 $92.47 $92.47
Tonnage Limit
Per Pick-Up* REFUSE RECYCLING YARDWASTE

1.2 $508.70 $254.36 $381.51

3.0 $1,017.41 $508.70 $763.06

4.0 $1,356.53 $678.25 $1,017.41

5.0 $1,695.65 $847.84 $1,271.75

6.0 $2,034.79 $1,017.41 $1,526.10
35 cubic yard Compactor 7.0 $2,373.94 $1,186.99 $1,780.45

MATERIAL BASE RATE

PER PICK-UP

CONSTRUCTION AND DEMOLITION DEBRIS BOX SERVICE
30 cubic yard Drop Box
40 cubic yard Drop Box
Excess Tonnage Rate

CUSTOMER-OWNED

COMPACTORS
6 cubic yard Compactor
15 cubic yard Compactor

DROP BOX CONTAINERS AND COMPACTOR SERVICES

DROP BOX SIZES
6 cubic yard Drop Box
14 cubic yard Drop Box
20 cubic yard Drop Box

COMMERCIAL ORGANIC SERVICES & RATES
REFUSE BINS* COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
32 or 64 Gallon Commercial

Page 4 of 5 ends

Packet Page 491
Maximum Rates Approved by City for Rate Period One

EXHIBIT L
I.

RATE
$14.77
$14.77
$110.97
$110.97
$73.96
$44.36
$184.94
$125.76
$29.59
$8.57
$36.84
$18.41
$27.62
$44.36
$14.77
$125.76
$34.89
$96.18
$125.76
$125.76
$154.28
$92.47
$92.47
$44.36

ADDITIONAL SERVICES & RATES

Page 5 of 5 ends

Packet Page 492
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING AND AUTHORIZING THE CITY

MANAGER TO EXECUTE AN AMENDED AND RESTATED

AGREEMENT BETWEEN THE CITY OF NEWARK AND

ALLIED WASTE SERVICES OF NORTH AMERICA LLC DBA
REPUBLIC SERVICES OF ALAMEDA COUNTY FOR A 10-

YEAR EXTENSION FOR THE COLLECTION OF SOLID

WASTE AND COLLECTION AND PROCESSING OF SOURCE

SEPARATED RECYCLABLE MATERIALS, ORGANIC

MATERIALS, AND CONSTRUCTION AND DEMOLITION

DEBRIS AND REVISING THE MAXIMUM LIMIT FOR RATES

FOR SOLID WASTE COLLECTION, RECYCLING,

ORGANICS, AND CONSTRUCTION AND DEMOLITION
DEBRIS SERVICES STARTING ON JUNE 1, 2023
WHEREAS, the City entered into a franchise agreement with Allied Waste Services of North America (dba Republic Services) in 2013 to provide refuse, recycling, and organics collection and processing services to Newark residents and businesses; and WHEREAS, the franchise agreement is set to expire on May 31, 2023; and WHEREAS, the franchise agreement provides for an extension upon the mutual agreement of both parties; and
WHEREAS, Republic Services has requested a 10-year extension and amendment to the franchise agreement; and
WHEREAS, staff evaluated Republic Services’ request for an extension and entered into negotiations with Republic Services; and
WHEREAS, Republic Services’ performance of its responsibilities under the current franchise agreement has been satisfactory and staff believes it is in the City’s best interests to execute a 10-year extension to Republic’s agreement for the term of June 1, 2023 to June 30, 2033, with the stated negotiated terms.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Council approves and authorizes the City Manager to execute an amended and restated agreement, in a form approved by the City Attorney and in substantially the same form as the attached draft, with Allied Waste Services of North America dba Republic Services of Alameda County for a 10-year extension for the collection of solid waste and collection and processing of source separated recyclable materials, organic materials, and construction and demolition debris.

Packet Page 493
BE IT FURTHER RESOLVED that, in accordance with the amended and restated agreement fees and rates for solid waste collection, recycling and organics services shall not exceed that established in New Exhibit L, attached hereto and incorporated herein by reference, which is made a part hereof as though set forth at length.

Packet Page 494
City of Newark
Republic
Franchise Agreement
Extension
April 13, 2023
Packet Page 495
Background
Rate Survey
Franchise Agreement
Financial Evaluation
Next Steps
AGENDA
Packet Page 496

BACKGROUND
➢StopWaste Joint Powers Authority member
➢Separate agreement with BLT for transfer of
garbage
➢2012/2013 competitive bidding process
➢Current Agreement expires May 31, 2023
➢2020 rate adjustment based upon hauler’s
actual costs of providing service
➢September 2021 survey of residents
➢ 77% satisfied or very satisfied
Packet Page 497
BACKGROUND – Republic Services
➢Base service
➢ Residential garbage, recycling and organics
➢ Commercial garbage and recycling, with the ability
to request organics
➢Full-time recycling coordinator
➢Guaranteed capacity for organics & recycling
➢Annual compost giveaway
➢3 bulky item pickups per year
➢CNG trucks
Packet Page 498
BACKGROUND – Discount Rates
➢Seniors
➢ 15% discount
➢ No fee for backyard service
➢ Apply using driver license or birth certificate
➢Low-Income Households
➢ 15% discount
➢ Apply based on CARE enrollment
➢Persons with disabilities can receive backyard
service at no additional cost
Packet Page 499
➢Sets statewide mandates for
organics recovery efforts
➢Builds on prior law to
incrementally reduce
disposal of organic waste
➢Requires all generators to be
provided organic waste
recycling services
➢Edible food recovery
WHAT ARE ORGANICS?
→ Food
→ Green waste
→ Landscape & Pruning
Organic Textiles Carpets
→ Paper products
→ Printing/ Writing paper
→ Lumber
→ Wood
→ Manure
→ Digestate
→ Biosolids
→ Sludges
BACKGROUND – Senate Bill (SB) 1383
Packet Page 500
BACKGROUND – Extension Rationale
➢City’s level of satisfaction
➢Current market environment
➢ Recent proposals resulted in high cost increases
➢ Rate increase of 7.36% is competitive
➢Current and upcoming regulations
➢Term of agreement
➢Republic Services desires to remain Newark’s
solid waste management company
Packet Page 501
RATE SURVEY – Residential 20 gallon
Updated using assumptions about cost-of-living increases for other cities $0
$20
$40
$60
$80
$100
$120
$140
Hayward Union City Castro
Valley SD
San
Ramon
Milpitas Newark Fremont
Packet Page 502
RATE SURVEY – Residential 32 gallon
Updated using assumptions about cost-of-living increases for other cities $0
$20
$40
$60
$80
$100
$120
$140
Newark Union
City
San
Ramon
Fremont Hayward Milpitas Castro
Valley
SD
Packet Page 503
RATE SURVEY – Residential 64 gallon
Updated using assumptions about cost-of-living increases for other cities $0
$20
$40
$60
$80
$100
$120
$140
Fremont Milpitas Newark San
Ramon
Hayward Union City Castro
Valley SD
Packet Page 504
RATE SURVEY – Residential 96 gallon
Updated using assumptions about cost-of-living increases for other cities $0
$20
$40
$60
$80
$100
$120
$140
Milpitas Fremont Newark Hayward San
Ramon
Union City Castro
Valley SD
Packet Page 505
Residential Rate Increase in $/Month
20 Gallon $2.53
30-35 Gallon $2.81
60-64 Gallon $4.98
90-96 Gallon $7.15
Packet Page 506
RATE SURVEY – Commercial 3 Cubic Yards
$0
$100
$200
$300
$400
$500
$600
$700
Milpitas Fremont Newark Union City Hayward Castro
Valley SD
San
Ramon
Updated using assumptions about cost-of-living increases for other cities Packet Page 507

PROPOSED AGREEMENT
➢10-year term
➢Annual increases from Bay Area CPI
➢All current services would continue
➢For compliance with SB 1383:
➢Organic collection service for all customers
➢Full-time recycling coordinator/route auditor
➢Payment to City residential cart labels
➢400 tons of compliant compost/year
➢Color-compliant bins
➢Annual collection service notice
Packet Page 508

PROPOPSED AGREEMENT
➢Additional benefits to City:
➢Customer service standards & call-back
➢Multi-family bulky item pickup program
➢Enhanced C&D program
➢Performance standards for technical assistance
➢Overflow collection & contamination monitoring
➢Payment to City for part of negotiations cost
➢Cost savings for
➢Standard vehicle model
➢Service hold for past-due accounts
Packet Page 509

FINANCIAL & MARKET EVALUATION
➢Reasonable rate increase
➢ 7.36%
➢ Based upon only increases to Republic’s costs of
operation
➢ City-requested program adjustments, including hiring
additional staff & legislative compliance
➢Cost savings for economies of scale & geography
➢Costs of full Request for Proposals (RFP) process
Packet Page 510

NEXT STEPS
➢Staff recommends that City Council adopt a
resolution authorizing the City Manager to execute
the proposed amended and restated agreement
with Allied Waste Services of North America LLC
(Republic Services) and approve a revised rate
schedule
Packet Page 511
Questions &
Comments
Packet Page 512
Item H. 1.

DATE 04/13/2023
TO Honorable Mayor and City Council Members
FROM Kristopher Kokotaylo, City Attorney
SUBJECT Conference with legal counsel - Existing Litigation Pursuant to California Government Code Section 54956.9(d)(1) Name of Case: In re National Prescription Opiate Litigation, Northern District of Ohio (National opioid litigation involving Teva, Allergan, CVS, Walgreens, and Walmart) Case No. 1:17-MD-2804
Packet Page 513

Newark City CouncilApril 13, 2023

Newark City Council
April 13, 2023